G.R. No. 115849 – 322 Phil. 280 – 252 SCRA 259 – Legal Ethics – Forum Shopping Civil Law – Law on Sales – Contract of Sale – Parties to a Sales Contract Producers Bank (now called First Philippine International Bank), which has been under conservatorship since 1984, is the […]
contract of sale
18 posts
June 30, 2005, 462 scra 614 Meeting of the Minds in a Contract of Sale This is a case involving family members. In April 1987, Ainza and her daughter Eugenia orally agreed that Ainza pay P100k in exchange for half of the portion of Eugenia’s undivided conjugal property (a lot […]
G.R. No. L-56483 – 129 SCRA 513 – Civil Law – Law on Sales – Contract of Sale – Efficacy – Need to Register Sale in the Registry of Deeds – PD 1529 Tomas de Vera was the owner of two parcels of land in Tondo, Manila. In 1961, de Vera […]
G.R. No. L-36249 – 135 SCRA 557 – Civil Law – Law on Sales – Contract of Sale – Ownership – Rescission of a Sales Contract – Unjust Enrichment On November 21, 1964, Chan Lin offered to buy 170 cavans of rice from Aniceto Sandoval at P37.25/sack (P6,332.50). Sandoval agreed; so […]
G.R. No. 128609 – 421 SCRA 338 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In March 1973, Douglas Anama and PSBank (Philippine Savings Bank) entered into a Contract to Buy whereby Anama gets to buy back his parents’ land which was foreclosed […]
G.R. No. 123672 – 477 SCRA 666 – Civil Law – Law on Sale – Contract to Sell vs Contract of Sale – Right of Rescission; Failure to Pay Purchase Price In March 1972, El Dorado Plantation, Inc. (El Dorado), through its board member Lauro Leviste, executed a Deed of Sale […]
G.R. NO. 158227 – 473 SCRA 372 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale Civil Law – Obligations and Contracts – Positive Suspensive Condition Project Movers Realty and Development Corporation (PMRDC) owe P200M to Keppel Bank Philippines, Inc. By way of dacion en […]
G.R. No. 142411 – 509 Phil. 628 – 473 SCRA 52 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In January 1985, Winifreda Ursal and spouses Jesus and Cristita Moneset entered into a Contract to Sell Lot & House. The amount agreed upon […]
G.R. No. 156171 – 496 Phil. 456 – 456 SCRA 577 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In 1968, spouses Ricardo and Ferma Portic acquired a parcel of land with a 3 door apartment from spouses Alcantara even though they’re aware […]
G.R. No. 133638 – 496 Phil. 97 – 456 SCRA 193 – Civil Law – Law on Sales – Elements of a Contract of Sale – Consent Vitiated Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally divided […]
A.M. No. 133-J – 199 Phil. 300 – 114 SCRA 77 – Political Law – Abrogation of Political Laws – Change of SovereignLegal Ethics – Judicial Ethics – Property Dealings of Judges Involving a Litigant’s PropertyCivil Law – Law on Sales – Contract of Sale – Subject Matter Under Litigation […]
Article 1460 of the Civil Code provides: A thing is determinate when it is particularly designated or physically segregated from all others of the same class. The requisite that a thing be determinate is satisfied if at the time of the contract is entered into, the thing is capable of […]
1. Consent – this is the meeting of the minds of both parties, i.e., consent to transfer ownership in exchange for the price. 2. Subject Matter – this should be determinate. A thing is considered determinate if when it is particularly designated or physically segregated from all others of the […]
I. Contract of sale (absolute) real obligation obligation to give remedies available: specific performance rescission damages II. Contract to sell (conditional) personal obligation obligation to do remedies available: rescission damages
GENERAL RULE: All parties with capacity to contract can enter into a valid contract of sale. 1. Natural 2. Juridical – corporation/partnership/associations/Cooperatives Status of contract valid Remedies available therefor are: specific performance rescission damages EXCEPTION TO GENERAL RULE: 1. Minors status of contract: voidable only, therefore can be ratified **Justice […]
1. negotiation – bargaining period 2. perfection – by mere consent; performance may be demanded ( specific performance ) 3. consummation – consists of the delivery of the thing, constructive or actual.