COUNTRY OF JURISDICTION: Philippines

1. A sold his land to B with assumption of mortgage. Thereafter, B wants to rescind the contract of sale, considering that he cannot possess the land for the sole reason that the mortgagee doesn't want to leave the land without settling the loan. A argued that he already delivered the property to B through execution of the Deed of Sale; thus, the sale is already consummated, which cannot be rescinded. Is A correct?

a. Yes, because execution of public instrument is considered as constructive delivery.

b. No, because as an exception execution of public instrument cannot be considered as constructive delivery, if the seller has no control or actual possession of the property.

c. Yes, because A has a point.

d. No, because A does not have a point.