Heirs of Juan San Andres vs.

Rodriguez

Facts:
Juan San Andres sold a portion of his property to Rodriguez as evidenced by a
Deed of Sale. Upon his death Ramon San Andres was appointed as administrator
of the property. He hired a land surveyor and found that Rodriguez enlarged the
property he bought from late Juan. Ramon demanded form the Rodriguez to vacate
the portion allegedly occupied but the latter refused hence the present action.

Rodriguez said that the excess portion was also sold to him by late Juan the
following day after the first sale. He argued that the full payment of the whole sold
lot would be effected within five years from the execution of the formal deed of
sale after a survey of the property is conducted, as evidenced by a receipt of sale.
The balance of the purchase price was consigned.

RTC ruled in favor of petitioner while CA reversed the ruling. In SC petitioner

argued that there is no certain object of the contract of sale as the lot was not
described with sufficiency that there should be another contract to finally ascertain
the identity.

Issue: Whether or not there was a valid sale.

Held:

SC: Petition has no merit. The contract of sale has the following elements: 1.
consent or meeting of the minds, 2. determinate subject matter, 3. price certain in
money.

There is no dispute that Rodriguez purchased a potion of Lot 1914-B consisting of

345 square meters. The said portion is located at the middle of the lot. Since the lot
subsequently sold is said to adjoined the previously paid lot, the subject is capable
of being determined without the need of another contract.

However, there is a need to clarify what CA said is a conditional sale. CA

considered as a condition the stipulation of the parties that the full consideration,
based on a survey of the lot, would be due and payable within 5 years from the
execution of the formal deed of sale.

It is evident in the stipulation in the receipt that the vendor late Juan sold the lot to
Rodriguez and undertook the transfer of ownership without any qualification,
reservation or condition.

In can be gainsaid from the facts that the contract of sale is absolute, and not
conditional. There is no reservation of ownership nor stipulation providing for a
unilateral rescission by either party. In fact the sale was consummated upon the
delivery of the lot to Rodriguez. Art.1477 provides that the ownership of the thing
sold shall be transferred to the vendee upon the actual or constructive deliver
thereof.
The stipulation that the payment of the full consideration based on a survey shall
be due and payable in 5 years from the execution of the formal deed of sale is not a
condition which affects the efficacy of contract.
CA decision is AFFIIRMED.