RFB:
(Contract of Sale)
Atty. Arnold V. De Castro
SALES
CONTRACT OF CONTRACT TO
SALE SELL
ESSENTIAL REQUISITES:
Seller obligates Parties agree
himself to that ownership
1. Consent
transfer in the thing shall 2. Object
ownership and not pass to the 3. Consideration/Cause
to deliver buyer until he
determinate has fully paid the
thing, and price
buyer to pay a
certain price in
money or its
SALES- REQUISITES
Consent Object Cause/
Consideration
seller’s buyer’s Must be lawful, price certain in
consent to consent to determinate or money or its
transfer pay the determinable equivalent
ownership price
& deliver certain
determina
te thing
Sales w/o need of Sale of future
consent- inheritance is void
Expropriation
SALES- PARTIES
General Rule (GR): Any person who has capacity to act
may enter into a contract of sale. All persons, whether
natural or juridical, who can bind themselves have
also legal capacity to buy and sell.
EXCEPTION (EXC): Incapacities
a. Relative
b. Special
SALES- PARTIES (INCAPACITIES)
RELATIVE SPECIAL
GR: Husband and wife cannot sell Lawyers cannot acquire or buy
property to each other property or rights in litigation in
EXC: If their property relations is which they take part by virtue of
separation of property their profession
For the prohibition to apply, the
sale must take place during the
pendency of the litigation
involving the property.
Void Void
SALES- VENDOR’s OBLIGATIONS
1. To transfer ownership of the thing;
2. To deliver the thing, with its accessions and accessories, if any;
3. To warrant against eviction and against hidden defects;
4. To take care of the thing, pending delivery, with proper diligence;
5. To pay for the expenses of the deed of sale
ACTUAL DELIVERY CONSTRUCTIVE DELIVERY
thing sold is placed in the Execution of public instrument
control and possession of the
vendee
SALES- VENDEE’s OBLIGATIONS
1. To inspect and accept the object;
2. To pay the price;
3. To Bear the Expenses for the Registration of
the Sale
TRANSFER OF OWNERSHIP
DOUBLE SALES RULES
ELEMENTS:
1. 2 or more valid 1. The principle of prior tempore, prior jure (he
sales; who is first in time is preferred in right) should
2. Same subject apply
matter and seller;
3. 2 or more buyers 2. When the land sold is not yet registered under
with conflicting the Torrens system= NO DOUBLE SALES
interests over the
rightful ownership
of the thing sold
TRANSFER OF OWNERSHIP
CERTIFICATE OF TITLE TAX DECLARATION
Are both equal in
weight as to proving
the ownership over an
immovable/real
property?
WARRANTIES
Definition: statements or representations made by the seller
contemporaneously and as part of the contract of sale, having
reference to the character, quality, or title of the goods, and by
which he promises or undertakes to ensure that certain facts are or
shall be as he then represents.
WARRANTIES
EXPRESS IMPLIED
Elements: Samples:
1. affirmation of fact or any promise relating to the 1. Implied Warranty
thing sold; against
2. natural tendency of such affirmation or promise is Encumbrance
to induce the buyer to buy; 2. Implied Warranty
3. buyer buys the thing relying thereon; against Hidden
4. made before the sale, not upon delivery or any Defects
other point in time
BREACH OF CONTRACT IN SALE OF IMMOVABLES
REFERENCES
A. Books
Jurado (2019). Obligations and Contracts Reviewer. Rex Printing Company, Inc.
De Leon and De Leon. (2018). Obligations and Contracts. Rex Publisher
B. Electronic References
Jurisprudence (n.d.) Retrieved on 13 August 2021 from
http://sc.judiciary.gov.ph/decisions/
Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from
http://supreme.chanrobles.com/
Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from
https://lawphil.net/judjuris/judjuris.html
Jurisprudence (n.d.) Retrieved on 13 August 2021 from
https://www.officialgazette.gov.ph/section/judicial/supreme-court/decisions/
C. Others
Official Gazette of the Republic of the Philippines
Philippine Reports
