Almocera v.

Ong
546 SCRA 164
Facts: The petitioner sold its mortgaged property to the respondent S!"se#!ently the said
property $as %oreclosed. &ence this petition $here the respondent contends that the %oreclos!re
$as d!e to the %ail!re o% the respondent to pay %!lly the p!rchase price.
'ss!e: (hether or not the petitioner is in mora

&eld: )es The co!rt held that the petitioner %ailed to deliver the property $ithin the prescri"ed
period.
At the case at "ar the respondent $as *!sti%ied %or re%!sing to pay the remaining "alance Since
he can never "e the o$ner o% the said property And in the case o% the petitioner demand $as
not necessary %or them to inc!r mora +!e to the impossi"ility o% the o"ligation.