In an instrument wherein the words "Mortgage with Conditional Sale" are used, it is stipulated that:

1. The seller reserves the right to redeem the parcel of land in question after the period of five (5) years from the date of the instrument by paying back and returning the loan of P5,000.00 to the buyer; and
2. On his failure to exercise the said right, the title to the property shall pass to, and become vested, absolutely, in the buyer.

There is no period after the five-year period within which the seller may redeem the property.

Is the second stipulation a mortgage or a sale with pacto de retro?