Professional Documents
Culture Documents
Sales 3rd Assignment
Sales 3rd Assignment
Art. 1459. The thing must be licit and the vendor A. MUST BE EXISTING, FUTURE OR
must have a right to transfer the ownership CONTIGENT (Arts. 1347, 1348 and 1462)
thereof at the time it is delivered. (n)
Art. 1347. All things which are not outside the
Art. 1460. A thing is determinate when it is commerce of men, including future things, may
particularly designated or physical segregated be the object of a contract. All rights which are
from all other of the same class. not intransmissible may also be the object of
contracts.
The requisite that a thing be determinate is No contract may be entered into upon future
satisfied if at the time the contract is entered inheritance except in cases expressly authorized
into, the thing is capable of being made by law.
determinate without the necessity of a new or
further agreement between the parties. (n) All services which are not contrary to law,
morals, good customs, public order or public
Art. 1461. Things having a potential existence policy may likewise be the object of a contract.
may be the object of the contract of sale. (1271a)
The efficacy of the sale of a mere hope or Art. 1348. Impossible things or services cannot
expectancy is deemed subject to the condition be the object of contracts.
that the thing will come into existence.
Art. 1462. The goods which form the subject of
The sale of a vain hope or expectancy is void. a contract of sale may be either existing goods,
(n) owned or possessed by the seller, or goods to
be manufactured, raised, or acquired by the
Art. 1462. The goods which form the subject of seller after the perfection of the contract of sale,
a contract of sale may be either existing goods, in this Title called "future goods."
owned or possessed by the seller, or goods to
be manufactured, raised, or acquired by the There may be a contract of sale of goods, whose
seller after the perfection of the contract of sale, acquisition by the seller depends upon a
in this Title called "future goods." contingency which may or may not happen.
There may be a contract of sale of goods, whose 1. The thing must be capable of
acquisition by the seller depends upon a existence;
contingency which may or may not happen. (n)
a. Emptio Rei Speratae –
Art. 1463. The sole owner of a thing may sell an (1461 and 1347);
undivided interest therein. (n)
is a contract of sale of future things which must
Art. 1464. In the case of fungible goods, there be determinate or specific; it won't apply to
may be a sale of an undivided share of a specific things that are generic because generic things
mass, though the seller purports to sell and the aren't lost under legal fiction. Such a thing
buyer to buy a definite number, weight or becomes enforceable when the thing in question
measure of the goods in the mass, and though appears. If it doesn't appear, the contract either
the number, weight or measure of the goods in is extinguished when the time limit expires or it
the mass is undetermined. By such a sale the becomes obvious the event won't happen. The
buyer becomes owner in common of such a uncertainty is with regard to the quality and
share of the mass as the number, weight or quantity of the thing.
measure bought bears to the number, weight or
measure of the mass. If the mass contains less Art. 1461. Things having a potential existence
than the number, weight or measure bought, may be the object of the contract of sale.
the buyer becomes the owner of the whole mass
and the seller is bound to make good the The efficacy of the sale of a mere hope or
deficiency from goods of the same kind and expectancy is deemed subject to the condition
quality, unless a contrary intent appears. (n) that the thing will come into existence.
Art. 1465. Things subject to a resolutory The sale of a vain hope or expectancy is void.
campus of the proposed provincial high school
Art. 1347. All things which are not outside the in Talacogon but Trinidad remained in
commerce of men, including future things, may possession of the parcel of land despite the
be the object of a contract. All rights which are donation.
not intransmissible may also be the object of
contracts. On July 29, 1962, Trinidad sold one (1) hectare
No contract may be entered into upon future of the subject parcel of land to defendant-
inheritance except in cases expressly authorized appellant Regalado Mondejar. Subsequently,
by law. Trinidad verbally sold the remaining one (1)
hectare to defendant-appellant (respondent)
All services which are not contrary to law, Regalado Mondejar without the benefit of a
morals, good customs, public order or public written deed of sale and evidenced solely by
policy may likewise be the object of a contract. receipts of payment.
There may be a contract of sale of goods, whose On 10 December 1983, after the consolidation
acquisition by the seller depends upon a and cancellation of title, Dulos Realty entered in
contingency which may or may not happen. to a Deed of Absolute Sale with petitioner
Baldoza over one of the subject properties. On
Art. 1505. Subject to the provisions of this Title, 21 December 1983, respondent CCC, through a
where goods are sold by a person who is not the Deed of Absolute Sale, sold to respondent Qua
owner thereof, and who does not sell them the same subject properties. The sale was duly
under authority or with the consent of the annotated on the corresponding titles to the
owner, the buyer acquires no better title to the properties and the TCT’s in the name of CCC
goods than the seller had, unless the owner of were accordingly cancelled and new TCTs were
the goods is by his conduct precluded from issued in the name of respondent Qua.
denying the seller's authority to sell. Petitioners filed a Complaint against
Nothing in this Title, however, shall affect: respondents for the "Annulment of Sheriff's Sale
and Other Documents.
(1) The provisions of any factors' act,
recording laws, or any other provision of The Complaint alleged that petitioners were
law enabling the apparent owner of owners of the properties in question by virtue of
goods to dispose of them as if he were Contracts of Sale individually executed in their
the true owner thereof; favor. Respondents failed to file an answer
(2) The validity of any contract of sale within the reglementary period. Subsequently,
under statutory power of sale or under they were declared in default. The RTC ruled
the order of a court of competent that the foreclosure of the mortgage over the
jurisdiction; subject lots, as well as the housing units, was
not valid. The CA accordingly reversed and set
(3) Purchases made in a merchant's aside the RTC Decision, dismissed the case for
store, or in fairs, or markets, in lack of merit, and ordered petitioners to
accordance with the Code of Commerce surrender possession of the properties to
and special laws. respondent Qua.
ISSUE: valid when the Deed of Absolute Sale between
Whether or not the contract of sale entered into the parties was executed on 10 December 1983,
by Dulos Realty with petitioner Baldoza is valid. even though title to the property had earlier
been consolidated in favor of respondent CCC as
RULING: early as 10 November 1983. The fact that Dulos
Yes the sale is valid. The Court rules out Realty was no longer the owner of the property
ownership as a requirement for the perfection of in question at the time of the sale did not affect
a contract of sale. For all that is required is a the validity of the contract. In this case, the
meeting of the minds upon the object of the delivery coincided with the perfection of the
contract and the price. contract.
Held:
1. Generic things as objects of sale No. This court has consistently held that there
(Arts. 1246 and 1409[6]); is a perfected sale with regard to the “thing”
whenever the article of sale has been physically
Art. 1246. When the obligation consists in the segregated from all other articles.
delivery of an indeterminate or generic thing,
whose quality and circumstances have not been In the case at bar, the undertaking of the
defendant was to sell to the plaintiff 600 piculs the buyer becomes the owner of the whole mass
of sugar of the first and second classes. Was this and the seller is bound to make good the
an agreement upon the “thing” which was the deficiency from goods of the same kind and
object of the contract? For the purpose of sale quality, unless a contrary intent appears.
its bulk is weighed, the customary unit of weight
being denominated a “picul.” Now, if called upon
to designate the article sold, it is clear that the
defendant could only say that it was “sugar.” He
could only use this generic name for the thing
sold. There was no “appropriation” of any
particular lot of sugar. Neither party could point
to any specific quantity of sugar and say: “This
is the article which was the subject of our
contract.”