1.

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2. The kind of contract that is entered by the parties is barter. The absence of the manifest
intention of the parties gives light to apply the next rule which is to determine the value of
the noncash consideration in exchange of the thing that is to be transferred. The value of the
additional thing conveyed which is a Dodge automobile in exchange for the land is
approximately valued at ₱ 60,000.00 is greater than the payment of cash which is only
₱ 40,000.00. Since the thing conveyed is more valuable than money, this gives confirmation
that the contract that both parties entered into is barter.

Legal basis:
Art. 1468. If the consideration of the contract consists partly in money, and partly in another
thing, the transaction shall be characterized by the manifest intention of the parties. If such
intention does not clearly appear, it shall be considered a barter if the value of the thing given as
a part of the consideration exceeds the amount of the money or its equivalent; otherwise, it is a
sale. (1446a)

3. The contract that is perfected is a contract of agency to sell. This is because A was granted an
exclusive right to sell by X Co. a certain number of beds in Visayas that are manufactured by
the company at the invoice price of beds in Manila. As stated in the Civil Code of the
Philippines, Book IV, Article 1868, that By the contract of agency a person binds himself to
render some service or to do something in representation or on behalf of another, with the
consent or authority of the latter. (1709a) It is clearly evident that A being granted the
exclusive right to sell, he would render service by selling the beds in Visayas in behalf and
with the consent of X Co. In a contract of agency to sell, full payment of the purchase price is
a positive suspensive condition. (Sps. Orden vs. Sps. Aurea, supra; Castillo vs. Reyes, G. R.
No. 170917, November 28,2007; Serrano vs. Caguiat, G. R. No. 139173, February 28, 2007;
Sps. Garcia vs. Court of Appeals, G. R. No. 172036, April 23, 2010) The payment of the
price is at a determinate time wherein it is to be paid at the end of 60 days.

4. No, it will not be a contract of sale anymore if there is no price certain in money or its
equivalent. It is clearly stated that the intention of Y is to sell his 1976 Colt Lancer Sedan to
his compadre, X, leaving X to decide for the price of the. If X refuses to fix the price and
simply takes the car without paying the price in money or its equivalent, it is not considered
as a contract of sale, since, as stated in the Civil Code of the Philippines, Book IV, Title VI,
Article 1458, paragraph 1, that by the contract of sale one of the contracting parties obligates
himself to transfer the ownership and to deliver a determinate thing, and the other to pay
therefor a price certain in money or its equivalent. Contract of Sale would not exist since an
essential element/requisite of the contract which is the price certain in money or its
equivalent is not present.