In Philippine property law, the execution of a Deed of Absolute Sale (DOAS) is the culminating act of a contract to sell or a contract of sale. When a buyer has fulfilled their primary obligation—usually the full payment of the purchase price—the seller is legally bound to execute the formal instrument of conveyance.

Failure or refusal by the seller to perform this act constitutes a breach of contract and an infringement on the buyer's ownership rights.

1. The Legal Basis for the Obligation

The obligation of the seller to deliver the title and execute the necessary documents is grounded in the Civil Code of the Philippines:

Article 1458: Defines a contract of sale where the seller obligates himself to transfer ownership and deliver a determinate thing.
Article 1498: States that when the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing.
Article 1357: Provides that if the law requires a document or other special form (like a public instrument for registration), the contracting parties may compel each other to observe that form once the contract is perfected.

2. Available Legal Remedies

If a seller refuses to sign the DOAS despite full payment, the buyer has several paths for redress:

A. Action for Specific Performance

This is the most common remedy. The buyer files a complaint in court to compel the seller to execute the Deed of Absolute Sale. Under Rule 39, Section 10 of the Rules of Court, if the seller still refuses to comply after a court judgment, the court may direct the act to be done by some other person (like the Clerk of Court) at the cost of the disobedient party, or the court may enter a judgment divesting the title of the seller and vesting it in the buyer, which has the force of a conveyance.

B. Action for Rescission (Resolution)

Under Article 1191 of the Civil Code, the injured party may choose between the fulfillment or the rescission of the obligation, with the payment of damages in either case. If the buyer no longer wishes to pursue the property due to the seller's bad faith, they can ask the court to cancel the contract and order a full refund of all payments plus interest.

C. Petition for Consignation

If the seller refuses to accept the final payment (to avoid executing the sale), the buyer should "consign" or deposit the money with the court. This legally satisfies the buyer's obligation and paves the way for a suit to compel the execution of the deed.

3. Proper Venue for Filing

The jurisdiction depends on the nature of the property and the primary goal of the lawsuit:

Housing and Land Use Regulatory Board (HLURB/DHSUD): If the seller is a subdivision or condominium developer, the case falls under the exclusive jurisdiction of the Department of Human Settlements and Urban Development (formerly HLURB).
Regional Trial Court (RTC): For private sales between individuals, the case is filed in the RTC where the property is located, as it involves title to or possession of real property (an "action in rem" or "real action").

4. Recoverable Damages and Costs

In a successful lawsuit, the buyer may be awarded:

Actual/Compensatory Damages: To cover proven financial losses.
Moral Damages: If the seller acted fraudulently or in bad faith.
Exemplary Damages: Imposed by way of example or correction for the public good.
Attorney’s Fees: Especially when the buyer was forced to litigate to protect their rights.

5. Procedural Steps to Take

Demand Letter: A formal, notarized demand letter sent via registered mail is a prerequisite. It must demand the execution of the DOAS within a specific period (e.g., 5 to 10 days).
Barangay Conciliation: If both parties reside in the same city/municipality (and the seller is an individual, not a corporation), the case must usually undergo Barangay conciliation before filing in court.
Filing of Complaint: If conciliation fails, the buyer files the complaint for Specific Performance.
Notice of Lis Pendens: Upon filing, the buyer should record a Notice of Lis Pendens on the property’s title at the Registry of Deeds. This serves as a warning to the rest of the world that the property is subject to litigation, preventing the seller from selling it to an innocent third party.

6. The "Double Sale" Risk

Time is of the essence. If a seller refuses to issue a DOAS, there is a risk they might attempt to sell the property again to another buyer. Under Article 1544 of the Civil Code, the first person to record the sale in the Registry of Deeds in good faith is generally preferred. Without a DOAS, the first buyer cannot register their right, making legal action and the filing of a Lis Pendens urgent.