Carmela Jia Ming A.

Wong

Assignment 3

1. A sold to B a parcel of land for P30,000. The sale is evidenced by a memorandum of

agreement of sale written in Cebuano dialect. One week later, A sold the same parcel of
land to C for P40,000 which was evidenced by a formal deed of sale. Upon buying the
property, C, who was aware of the first sale, immediately took possession of the land and
registered the deed of sale in her favor with the Register of Deeds. When informed of the
second sale, B subsequently registered an adverse claim to the property. To whom shall
the parcel of land belong? Give reason/s.

The property of land belongs to B due to the fact that B got the older title. In addition,
B got the better title than C because it is evidenced by memorandum of agreement of sale.
According to Article 1544, if the same thing should have been sold to different vendees, the
ownership shall pertain to the person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title, provided there is good faith.

2. On June 10, 2019, S sold to B a specific car which S acquired from a friend last June 1,
2019. On August 10, 2019, the car was totally destroyed which was traced to a crack in
the engine block. S was not aware of the defect. Is S, the seller, liable to B? Give
reason/s.

Yes, S being the seller of the car is liable to B. In this matter, S was not aware of
the defect so that S is only liable in returning the price and also the interest. As stated in
Article 1566, that the vendor’s ignorance does not relieve him from liability to the vendee
for any hidden faults or defects in the thing sold. Then, good faith cannot be a defense by
the vendor but parties may provide otherwise in their contract as long as the vendor acted
in good faith.
3. Knowing that the car had a hidden crack in the engine, X sold it to Y without informing
the latter about it. In any event, the deed of sale expressly stipulated that X was not liable
for hidden defects. Does Y have the right to demand from X a reimbursement of what he
spent to repair the engine plus damages? Give reason/s

Yes, Y has the right to demand from X the reimbursement amount on what he spent
to the repair the engine plus the damages incurred due to the fact that the defects was not
hidden. In addition, X knew the defects from the beginning but he not disclosed the fact to Y
that’s why Y has the right to demand. According to Article 1566, the vendor is responsible to
the vendee for any hidden faults or defects in the thing sold, even though he was not aware
thereof.