Chapter 1 – Nature of Sale
governed by laws on sales.
* Article 1458 – “Sale” as a contract
whereby one of the contracting
parties(Seller) obligates himself to transfer
the ownership and to deliver the possession
of a determinate thing and the other
party(Buyer) obligates himself to pay
therefore a price certain in money or its
equivalent.
* Nature of Obligations created in sales
1. Seller - Transfer the ownership
- Deliver the possession
2. Buyer – Pay the price
@ These are real obligation
@ Cannot be obligations to do and not to
do, because of the public policy against
involuntary servitude, we cannot impose
specific performance
@ What is to be delivered is a
determinate thing
* Subject matter:
* It should be determinate*
@ Art 1460 – states that the “requisite
that the thing be determinate is satisfied if at
the time the contract entered into, the thing
is capable of being made determinate
without the necessity of a new and further
agreement between the parties.
@ If generic, the performance of the
seller would require necessarily its physical
segregation or particular designation making
it determinate at the point of performance.
* Elements of contract of sale
1. Politacion – negotiation or preparation
2. Perfection – conception or birth
3. Consummation – Death
*Essential characteristic of sales
1. Nominate and Principal – Nominate
because it has been given a particular name
by law its nature and consequence is
- It is principal because it can stand alone,
does not depend on another contract.
2. Consensual – it is perfected by mere
consent at the moment there is meeting of
the minds upon the thing which is the object
of the contract and upon the price.
- Art 1475 – from the moment of perfection
of the sale, the parties may reciprocally
demand performance.
* Modalities that affect the
characteristic of consensuality
- Suspensive term or condition
- Not all contracts of sale become
automatically and immediately effective even
if consensual.
Ex. In Sales with assumption of
mortgage, it is a condition precedent to the
seller’s consent, without approval of the
mortgage the sale is not perfected.
* Bilateral and Reciprocal
- Sale is bilateral contract embodying
reciprocal obligations, because it imposes
obligations on both parties to the
relationship, obligation or promise of each
party is the cause or consideration for the
obligation or promise of the other.
- Reciprocal obligation, those which arise
from the same cause and which each party is
a debtor and creditor of the other.
@ Legal Effects:
- The power to rescind is implied, need
not be
stipulated
- Neither party incurs delay if the other
party
does not comply.
- if one party already fulfilled his
obligations, the
default begins without prior demand
to the
other party.
* Onerous
- Sale is an onerous contract because it 2. Principal
2. Buyer
imposes a valuable consideration as a remains owner
becomes
prestation which is ideally a price even if object
owner of thing
* Commutative delivered to
in agency
- it is a commutative contract because a agent
thing of value is exchange for equal value. 3. Agent
* Sale is a title not mode assumes no
- Sale is merely title that creates the risk/liabilities 3. Seller
obligation on the part of the seller to transfer as long as warrants
ownership and deliver possession, but on its within
own sale is not a mode that transfer authority given
ownership, it would be delivery or tradition 4. Agent not
that is the mode to transfer ownership. 4. Seller
allowed to
recieves profits
Donation Sale profit
1. Gratitious or 5. Personal
1. Onerous contract, 5. Real
Onerous
rescission is Contract
2.
2. Formal not available
Consensual
contract
Contract
3. Governed
3. Law on
by law on
Sales Contract for a
donation Sale
piece of work
Barter Sale 1. Contract
for delivery
1.
of an article
1. Consideration: 1. Goods are
which the
Consideration : giving of to be
verndor in
Giving of a thing money as manufactured
the ordinary
payment specially for a
course of
2. Governed by the law on sales customer and
business
3. If consideration is partly money upon special
manufacture
and partly in a thing, look at the order and not
s or procures
intention for the general
for general
4. If intention is public
market(whet
not clear, value 4. Thing is her on hand
of the thing is equal or lesser or not)
greater that the than the
2. Essence is 2. Essence is
amount of amount of
Service Object
money its money its SALE
BARTER 3.
Jurisprudence:
A.) Timing Test
Agency to Sell Sale
- whether the
1. Agent not thing
obliged to pay transfered
for price,
1. Buyers pays would have
merely obliged
for the price never existed
to deliver price but for the
received from order.
buyer.
B.) Habitual
Test - if Lease Sale
Manufacturer 1. Use if thing
engages in 1. Obligation
is for specified
activity with to absolutely
period only
need to transfer
with an
employ ownership of
obligation to
extraordinary thing
return
skills and 2. 2.
equipment Consideration Consideration
(Celestino) is rent is price
C.) Nature of 3. Seller needs
the object test. to be owner of
(EEI Vs CIR) 3. Lessor need
thing to
Each product not be owner
transfer
and nature of ownership
execution
differs from Note: Lease with option to buy us a contract
the other of sale.
products are
not ordinary * Subscription Contract:
products of the - Any contract for the acquisition of unissued
manufacturer stock in an existing corporation or a
corporation still to be formed.
Dation in
Sale
Payment
1. pre- existing 1. No pre-
credit existing credit
2. Debtor's
consideration:
2.
Extinguishmen
Consideration
t of the debt.
of the seller is
Creditors
price
Consideration:
Consideration
Acquisition of
of the buyer is
the object
acquisition opf
offered in lieu
the object
of the original
credit
3. Less 3. Greater
freedom in freedom
determining determining
the price the price
4. Payment
received by 4. Buyer still
debtor before has to pay the
the contract is price
perfected
Chapter 2 – Parties of a Sale
* Gen Rule: any person who has “capacity
to act” or “to power to do acts with legal
effects” or more specifically with the power
to obligate himself, may enter into a contract
of sale as a Seller or Buyer.
* Minors, insane or demented persons and
deaf mutes.
* The following are disqualified to enter to a
contract of sale. (No Legal capacity)
1. Minors
2. Insane
3. Demented Persons
4. Deaf Mutes who do not know how to
read
and write
- Legal contracts entered by the persons
mentioned above are not void but voidable.
- Capacitated persons disqualified from
alleging the incapacity of the other person.
- Incapacitated persons is not obliged to
make any restitution, except what has been
benefited by the thing or price he received.
* Necessaries
- A minor is without legal capacity to give
consent.
Consent is an essential requisite of a
contract.
- Defective consent give rise to a voidable
sale.
- But if necessaries are delivered he must pay
a reasonable price.
* Necessaries – its everything indispensible
for sustenance, dwelling, clothing, medical
attendance, education and transportation.
In order sale to a minor is valid
1. Perfection of the sale
2. Delivery of the subject necessaries.
If only perfection at the time the case
reaches litigation, the sales not void but
voidable for vice in consent.
* Emancipation
- Emancipation take place by the attainment
of marjority.
- Voluntary emancipation by recording in the
civil registry of an agreement in a public
instrument executed by the parent.
- By marriage of the minor.
- He then shall be qualified to validity enter
into contract of sale.
* Sale by and between spouses
1. Sales with third parties.
Old Civil code – VOID
Under laws on sales:
- without acceptance of the other
spouse, the transaction entered by the other
spouse shall be construed as a continuing
offer.
- sale by the husband without the
consent of wife is VOID (No full Consent).
- Valid if disposal is necessary to
answer for conjugal liabilities.
2. Sales between spouses:
Art 1490 – Spouses cannot sell
property to each other except:
a. With Marriage settlement
b. With Judicial decree for the
separation of property.
Contracts entered between them are
VOID.
* Applicability to common law spouses
- Art 1490 – prohibition that a husband and
wife cannot sell property to each other also
applies to common law spouses.
* Specific Incapacity mandated by Law
a.) Agent, with respect to the property
whose administration or sale may have been
entrusted to him, unless consent is given.
b.) Guardian, with respect to the property of
the person under his guardianship.
c.) Executor or Administrator, with
respect to the property of the estate under
his administration.
d.) Public officers and Employees, with
respect to the property of the state or any
subdivision or any government owned or
controlled corporation or institution, which
administration has been entrusted to him.
e.) Justices, judges, prosecuting atty’s,
clerk of courts, and other employees or
officers connected with the
administration of justice with respect to
the property and rights in litigation or levied
upon an execution before the court within
whose jurisdiction or territory they exercise
their respective functions.
f.) Lawyers, with respect to the property
and rights which may be the object of any
litigation in which they may take part by
virtue of their profession.
g.) Sales to a foreigner
____________________
* Legal status of contracts entered into
in violation of ART 1491 and 1492
- Agent with Consent = Valid
Without consent = Voidable
- Guardian/Executor/Public officer/ Officers of
the court= VOID
* Proper Party to raise issue of nullity
- Any person may invoke the inexistence of
the contract whenever juridical effects found
thereon are asserted against him.
*Rationale for the Absolute
disqualification
* Trust of the highest order, and the trustee
cannot be allowed to have any inducement to
neglect his ward’s interest and therefore to
avoid the temptation.
* Agents – not come within the coverage of
prohibition.
*guardians, administrators and
executors – rescission
*Judges, Justices and those involved in
administration of justice.
- applicable only during the period of
litigation, the judge will be liable for violating
the cannons of effects if within the period of
litigation.
* Atty’s- will constitute malpractice ground
is suspension.
-Contract null cannot be ratified
- contingent fee is allowed but payment must
be after the finality of the case.
Note:
1491 – entirely shut the door to such person
occupying fiduciary positions, to even desire
to acquire, direct or indirectly properties of
their ward, estate or principal
________________________
Chapter 3 – Subject Matter
* Requisites of valid subject matter.
a.) Must be Existing, having Potential
Existence, a Pure Thing or even
Contingent or subject to a Resolutory
condition it must be possible.
b.) Must be Licit.
c.) Must be determinate or at least
determinable.
- Lack of requisites results to non-existent
sale
If Cause or Object is Illegal.
- Both parties being in Pari Delicto, both
parties have no cause of action against each
other, otherwise the innocent may claim what
he has given and shall not be bound to
comply with his promise.
- if both parties – neither may recover what
he has given.
- Only one is fault, innocent may claim
what he has given and not to be bound from
his promise.
- Not Innocent – cannot recover.
* if the contract is not illegal per se but
merely prohibited, the legal prohibition is
designed to protect the plaintiff, he may if
public policy is enhanced, recover what he
has paid or delivered. “Unjust Enrichment”.
* Legal Requisites of subject matter
intended to govern underlying
obligation of seller.
- it must be a valid subject matter.
_____________
* It must be possible thing.
- it must be existing on the time of delivery, it
can be made possible at the time of the
perfection of the contract.
* It must be existing.
Art1409 – Void if cause or object did not
exist at the time of the transaction.
Art 1461 – even the subject matter is of
such nature that it cannot come to existence
– an impossible thing, the contract is VOID.
- It should not be outside the commerce of
men.
- Art 1459 – only required that the seller
“must have right to transfer the ownership at
the time is delivered”.
- If subject matter is an impossible thing its
VOID.
*Emptio Rei Speratae
- Contract covering future things.
- Sale is subject to a condition that the thing
will come into existence.
* Emptio Spei.
- Mere hope or expectancy is deemed subject
to the condition that the thing will come to
existence.
Ex. Vain Hope – Void
Sweepstakes..
* Sale of things subject to resolutory
condition.
- If Resolutory condition happens it extinguish
the obligation.
@ Conditional – retroacts to the day the
constitution of the obligation.
@ Subject matter is nexus of sale
- The Subject Matter must be existing or must
come to existence to be delivered to the
buyer, otherwise the contract is void.
______________
* Subject Matter must be Licit
- Not outside the commerce of men.
- Not Sale of future inheritance.
- Not the sale of sick animals, unfit for use.
- Not illegal
-----Otherwise its VOID-----
________________
* Subject Matter must be determinate or
at least determinable.
a.) Determinate subject matter
- When it is particularly designated or
physically segregated from all others of the
same class.
b.) Determinable Subject Matter.
Requisites:
1.) If at perfection of the sale, the
subject matter is capable of being
made determinate.
2.) Without the necessity of a new or
further agreement between the
parties.
____________
* Determinable Subject Matter is a
generic object, because it has neither been
physically segregated nor particularly
designated at the point of perfection from the
rest of its kind. (Atiliano vs Atiliano)
____________
*When quantity of subject matter not
essential for perfection.
- Logically, actual quantity of goods as
subject matter of sale would also be essential
ingredient to achieve the requisites of the
goods being determinate or determinable.
Based on Art 1349, the fact that the
quantity is not determinate as to its kind,
shall not be an obstacle to the existence of
the contract between the parties. (Nat’l
grains V IAC) Doctrine: Specific quantity of
the subject matter is not important when it is
still possible to determine the quantity
without the need of a new contract between
the parties
(Johannes Schuback v CA)
- Quantity is immaterial, what is important is
the meeting of the minds as to the object and
cause.
_______________
* Generic Non-Determinable Objects
- Determinable objects may be the valid
subject matter of sale, then even generic
things fall within said definition can validly
support a contract of sale.
- Sale is determinable generic thing is valid.
The obligation to deliver the subject matter
can only be complied with the subject matter
has been determinate by:
1. Physical Segregation
2. Particular Designation
(Yu Tek V Gonzales)
- If obligation consist in the delivery of an
indeterminate or generic thing, which quality
is not stated.
-Buyer cannot ask for superior thing
- seller cannot deliver inferior quality.
___________
* Status of sale not complying with third
requisites.
- When the minds of the parties have met
upon a subject matter which is neither
determinate or determinable the contract is
still VOID for lacking 3rd requisites.
______________
* Sale of Undivided Interest
- Co-Ownership over the subject matter.
______________
* Sale of undivided share in Mass.
= if Mass is > than the mass you intended to
buy you will get a proportionate part of the
mass.
= if Mass is < than the mass you intended to
buy, you will be the owner of the whole mass
+ the seller is bound to make good the
deficiency from goods of the same kind and
quality.
(Gaite v Fonacier)
____________
* Sale of Mortgage Property.
- Mortgagor is not prevented to sell the
mortgage property.
- If Stipulation forbidding the sale, it is
considered VOID.
____________
* Seller’s Obligation to transfer ownership.
- He might not be the owner of the thing at
the time of perfection but he should be the
owner at the time of the delivery, otherwise
he may held liable for breach of warranty
against Eviction.
Exception:
When the seller must be the owner at time of
sale
Ex. Foreclosure sale.
_________________________________
Chapter 4 – Price and Other Consideration
* Art 1458 defines price is the ideal
consideration for a contract of sale as a sum
certain in money or its equivalent.
- Sale is still valid when it has for its cause or
consideration an item other than price. (PUP
vs CA)
- A seller cannot unilaterally increase the
price previously agreed upon with the buyer,
even when the need to adjust the price is due
to increased construction cost.
- A buyer cannot withdraw from a sale on the
ground that the interest rate of 24% set on
the payment.
______________
* Requisites for valid price.
a. It must be Real
b. It must be in money or its equivalent.
It must be valuable consideration.
c. It must be certain or ascertainable.
* Price is Real – when at the perfection of the
sale, there is legal intention on the part of the
buyer to pay the price and legal expectation
on the part of the seller to receive such price
as the value of the subject matter he
obligates himself to deliver.
* When Price is Simulated.
- Neither party to the deed of sale had any
intention whatsoever that the amount will be
paid – the sale is void.
* Object can be simulated
*Price can be simulated
If both simulated its Absolute Simulation –
VOID
If only one its relatively Simulated –
Reformation
* (Intent perfects the contract)
(Inadequacy cannot come with simulation)
(Contract is not the primary factor, look for
the intent which is the primary factor.
______
* When Price is False.
- When there is a real price upon which the
minds of the parties had met but not
declared and what is stated in the covering
deed is not the one intended to be paid.
- If price is false, contract is valid but subject
to reformation to indicate the real price.
* Parties may be held bound by the false
price indicated in the instrument under
estoppels principle, especially when the
interest of the government or third parties
would be adversely affected by the
reformation of the instruments.
* Meeting of minds as to price. (Mapalo v
Mapalo)
- There was no real Consideration and not
one that merely states false consideration, it
was VOID.
______________
* Effect of non-payment of price.
- the failure to pay a real price goes not into
perfection of the sale but into its
consummation.
- The failure to pay the price or the balance
does not render the sale inexistence or
invalid but merely gives rise to a right in
favour of the seller to either demand specific
performance or rescission of the contract of
sale.
_____________
- But given deed of sale declares that the
price has been paid, when in fact it has never
been paid, that would be considered a badge
of simulation of price, would render the
contract VOID.
__________
* Accommodation does not make sale void
for lack of price. (MATE Case)
The check issued to him which bounced and
his lot was foreclose. (Tangang abogado)
______________
* Simulation of price affects delivery of
subject matter.
- When contract is fictitious, which is VOID
and inexistence, as there was no
consideration for the same, no title over the
subject matter of the sale can be conveyed.
- No man can do anything except what he
can do lawfully.
______________
*Price must be in money or it’s equivalent:
Valuable consideration.
- cannot be service
- when the intention of the parties are partly
money and partly another thing.(Price and
other additional consideration). “Republic V
Phil Resources Dev’t”
- When he contracted with the bureau of
prison 100 tons of logs, when he cannot pay
he substituted other items in consideration of
his debts. “small payment + other items”
* Adequacy of price to make it “real” concept
of valuable consideration. “ Ong v Ong”
P1.00 and other valuable consideration, the
court held that since no evidence was given
that the consideration stated in the deed was
not paid or was simulated it was considered
valid, although the price is nominal but there
is a more valuable consideration given.
Ex. P1.00 and other services – VOID , false
fictitious consideration. (Bagnas v CA) –
because there was no service rendered.
_______________
*Price must be certain or ascertainable at
perfection.
- Price is certain when it has been expressed
and agreed in terms of specific pesos and or
centavos.
________________
*Price is ascertainable ; it shall be sufficient
that it be so with reference to another thing
certain or the determination be left to the
judgment of a specified person or persons.
A. Third Party (Price) = Valid
B. Subject = VOID
______________
C. Price ascertainable in reference to other
things certain.
- Exchange rate.
- Involves which identity the existence of the
agreement.
__________
D. Effects of unascertainability.
- cannot be determined, the contract of sale
is inefficacious.
__________
* Manner of payment of Price must be agreed
upon.
- Manner of payment of the price is an
integral part of the concept of “Price”
because of the time value of money.
- It is what makes price certain or
ascertainable.
- Terms of payment being an integral part of
the price, could have the same requisites
that the law imposes on price to support valid
contract of sale: Certain or at least
ascertainable.
- If no manner of payment of the price, would
support that the agreement was really a
contract to sell.
- When there is sale even when no price has
been agreed upon.
- When price cannot be determined in any
other manner, the contract is inefficacious.
However if the thing has been delivered to
the buyer, he must pay reasonable price,
what is reasonable price is a question of fact
dependent on the circumstances of each
particular case, but the courts have authority
to fix reasonable price.
__________
* Rulings on receipts and other documents
embodying price.
- Invoices are not evidence of payment since
they are only evidence of the receipts of
goods.
- The best evidence of payment is receipts
(Xentrex V CA).
___________
*Inadequacy of Price.
- Mere inadequacy of the price does not
affect the validity of the sale, except:
1. When there is fraud, mistake or undue
influence indicative of a defect in consent is
present.
2. When it shows that the parties really
intended a donation or some other act or
contract.
___________
* Simulated VS Gross Inadequacy
SIMULATED = VOID
Gross inadequacy = does not affect validity
of a contract of sale, unless it signifies a
defect in the consent or that the parties
actually intended a donation or other.
____________
* Rescissible Contracts of sale.
- Inadequacy of price is a ground for
rescission of conventional sale.
a. Those entered by guardians the ward
suffered lesion more than ¼ of the value of
the object.
b. Those agreed upon in representation of
absentees, if the latter should suffer lesion by
more than ¼ of the value of the object.
_____________
*Judicial Sale.
- Judicial sale to be set aside on the ground of
inadequacy of price, it should be such as to
be shocking to the conscience of man.
- But will not be set aside if there is right of
redemption.
________
* Sales with right to repurchase
*remedy not rescission but reformation.
*When Motive Nullify sale= VOID because of
illegal motive.
_____________________
Chapter 5 – Formation of sale
* Stages in the life of sale
1. Politacion – Negotiation, preparation,
conception or generation stage; period of
bargaining and negotiation ending at the
moment of perfection.
2. Perfection- Birth of contract parties come
to agree the terms of the sale.
3. Consumation – death of the contract
fulfilment or performance of the terms
agreed upon in the contract.
____________
*Politacion Stage:
- Deals with matters arising prior to the
perfection of sale, dealing with concepts of
invitation to make offer, acceptance, right of
first refusal, option contract... others.
- In this stage there is freedom to contract,
right to choose with whom to contract and
what to contract.
* Advertisement and invitations.
- not definite offers but mere invitations to
make an offer not unless it appears
otherwise.
* Offers:
- An offer, prior to its acceptance is subject to
the complete will of the offeror. It may be
destroyed or withdrawn by the offeror prior to
its acceptance, even without his consent.
_____________
* Option Contract:
a.) Determining the “location” of option:
- An accepted unilateral promise to buy or to
sell a determinate thing for a price certain is
binding upon the promisor if the promise is
supported by a consideration distinct from 1. Principal 1. Accesory;
the price. contract; stand cannot stand
- It is privileged existing in one person, for on its own on its own
which he had paid a consideration and which
gives him the right to buy certain 2. need 2. does not
merchandizing or property from another separate need separate
person if he chooses, at anytime within the consideration consideration
agreed period at a fixed Price. 3. there must
3. subject
-“An option is a contract granting a privilege be subject
matter and
to buy or sell within an agreed time and at a matter but
price must be
determined price, it is a separate and distinct price not
valid
contract from that which the parties may important
enter into upon the consummation of the 4. not
option. It must be supported by 4. conditional
conditional
consideration. 5. not subject 5. Subject to a
- It is a preparatory contract in which one to a specific specific
party grants to the other, for a fixed period performance performance
and under specified conditions, the power to
decide, wether or not to enter into a principal (Equitorial Case)
contract, it binds the party who has given the * Right of First Refusal
option. - A promise on the part of the owner that if
- It should have a separate consideration to he decides to sell the property in the future,
be valid. he would first negotiate its sale to the
___________________ promise.
* Elements of Valid option contract. *Same Price should be offered to the party
1. Consent exercising the right, what was offered to the
2. Subject matter: an option right to an other part shall be the same offered to him.
unaccepted unilateral offer to sell/ accepted ______________________
promise to sell or unaccepted promise to * Perfection Stage: Offer and acceptance
buy: - A contract is born from the moment there is
a.) Determinate/Determinable object. a meeting of minds upon the thing which is
b.) for a price certain, including the manner the object of the contract and upon the price;
of payment. consensual contract.
3. Prestation: A consideration separate and Exception: when the sale is subject to a
distinct from the purchase price for the suspensive condition.
option given. * Acceptance must be “Absolute”
- No MODIFICATION.
- If without separate consideration option _______________
contract is VOID as a contract. * When Deviation is allowed.
- But would still constitute a valid offer, so - When changes were not substantial, but
that if the option is exercised prior to its merely clarificatory.
withdrawal, that is equivalent to an offer _____________
being accepted and would give rise to a valid * Sale by Auction:
and binding sale. a.) Sales of separate lots by auction are
separate contract of sales, auction are
separate contract of sale.
Option Right of first
b.) Sale is perfected by the fall of the
Contract refusal
hammer.
c.) Seller has the right to bid at the auction *When form is important for enforceability
provided such right was reversed and notice (Statutes of fraud)
was given to that effect. a.) A sale agreement which by its term is not
________________ to be performed within a year from the
* Earnest Money: making.
- Need to know that the money given is b.) An agreement for the sale of goods,
earnest money. chattels or things in action, at a price not less
- Money given as part of purchase price. than P500.
- Acceptance is the proof that contract of sale c.) A Sale of real property or of an interest.
exist.
- Cannot be forfeited, part of the purchase *Exceptions to coverage of statute in sales
price; must be returned. contracts.
-Art 1482 – whenever earnest money is given 1.) When there is a note or memorandum in
in a sale. It shall be considered as part of the writing and subscribed to by party or his
purchase price and as proof of the perfection agent.
of the contract. 2.) When there has been partial
_____________ performance/Execution
* Place of Perfection: 3.) When there has been failure to object to
- The sale’s place of perfection is where there presentation of evidence.
is a meeting of the offer and the acceptance 4.) When sales are affected through
upon the thing and the cause which are to electronic commerce.
constitute the contract. Option Money Earnest Money
- it is presumed that the contract was
1. Money given 1. Part of the
entered into in the place where the offer was
as distinct purchased
made.
consideration price
__________
* Form of Sales. 2. Applies to a 2. Given only
*Form not important in validity of sale; sale not when there is
a.) Sale being consensual, may be oral or perfected already a sale
written, perfected by mere consent as to 3. When given,
price and subject matter. 3. not required Buyer is bound
b.) if particular form is required under the to Buy to pay the
statutes of fraud: balance
- valid and binding between parties but not * E-Docs
binding to 3rd persons. - Electronic Commerce Act.
c.) Purpose of convenience only and not for - Information shall not be denied validity or
validity and enforceability cause of action is enforceability solely on the ground that it is
granted to sue and compel other party to in the form on the ground that it is in the
execute the document. form of an electronic data message
- Proof of delivery. purporting to give rise to such legal effect.
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* Form is important for validity: **Not allowed – FAX and Photocopy***
a.) Power to sell a piece of land granted to an
agent-otherwise void.
b.) Sale of large cattle: must be also
registered with municipal treasurer-
otherwise void.
c.) Sale of land by non-christian if not
approved by governor – void.
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