RICARDO, FRANZESS ANN AUDCHRIS P.

STARBRIGHT SALES ENTERPRISES, INC. vs. PHILIPPINE REALTY

CORPORATION, MSGR. DOMINGO A. CIRILOS, TROPICANA
PROPERTIES AND DEVELOPMENT CORPORATION and STANDARD
REALTY CORPORATION

G.R. No. 177936 January 18, 2012

Three elements are needed to create a perfected contract: 1) the consent of

the contracting parties; (2) an object certain which is the subject matter of
the contract; and (3) the cause of the obligation which is established. Under
the law on sales, a contract of sale is perfected when the seller, obligates
himself, for a price certain, to deliver and to transfer ownership of a thing or
right to the buyer, over which the latter agrees. From that moment, the
parties may demand reciprocal performance.

SPOUSES CLEMENCIO C. SABITSANA, JR. and MA. ROSARIO M.

SABITSANA
vs. JUANITO F. MUERTEGUI, represented by his Attorney-in-Fact
DOMINGO A. MUERTEGUI, JR.

G.R. No. 181359 August 5, 2013

Act No. 3344, as amended, which provides for the system of recording of
transactions over unregistered real estate. Act No. 3344 expressly declares
that any registration made shall be without prejudice to a third party with a
better right.

NICOLAS P. DIEGO vs. RODOLFO P. DIEGO and EDUARDO P. DIEGO

G.R. No. 179965 February 20, 2013

"[w]here the vendor promises to execute a deed of absolute sale upon the
completion by the vendee of the payment of the price, the contract is only a
contract to sell. The aforecited stipulation shows that the vendors reserved
title to the subject property until full payment of the purchase price."

ROGELIO DANTIS vs. JULIO MAGHINANG, JR.

G.R. No. 191696 April 10, 2013

By the contract of sale, one of the contracting parties obligates himself to

transfer the ownership of, and to deliver, a determinate thing, and the other
to pay therefor a price certain in money or its equivalent. A contract of sale
is a consensual contract and, thus, is perfected by mere consent which is
manifested by the meeting of the offer and the acceptance upon the thing
and the cause which are to constitute the contract. Until the contract of sale
is perfected, it cannot, as an independent source of obligation, serve as a
binding juridical relation between the parties. The essential elements of a
contract of sale are: a) consent or meeting of the minds, that is, consent to
transfer ownership in exchange for the price; b) determinate subject matter;
and c) price certain in money or its equivalent. The absence of any of the
essential elements shall negate the existence of a perfected contract of sale.

*HOSPICIO D. ROSAROSO, ANTONIO D. ROSAROSO, MANUEL D.

ROSAROSO, ALGERICA D. ROSAROSO, and CLEOFE R. LABINDAO vs.
LUCILA LABORTE SORIA, SPOUSES HAM SOLUTAN and **LAILA
SOLUTAN, and MERIDIAN REALTY CORPORATION

G.R. No. 194846 June 19, 2013

The principle of primus tempore, potior jure (first in time, stronger in right)
gains greater significance in case of a double sale of immovable property.
When the thing sold twice is an immovable, the one who acquires it and first
records it in the Registry of Property, both made in good faith, shall be
deemed the owner. Verily, the act of registration must be coupled with good
faith— that is, the registrant must have no knowledge of the defect or lack of
title of his vendor or must not have been aware of facts which should have
put him upon such inquiry and investigation as might be necessary to
acquaint him with the defects in the title of his vendor.

ARMANDO BARCELLANO vs. DOLORES BAÑAS, represented by her son

and Attorney-in-fact CRISPINO BERMILLO

G.R. No. 165287 September 14, 2011

The right of legal pre-emption or redemption shall not be exercised except

within thirty days from the notice in writing by the prospective vendor, or by
the vendor, as the case may be. The deed of sale shall not be recorded in the
Registry of Property, unless accompanied by an affidavit of the vendor that
he has given written notice thereof to all possible redemptioners.

JUAN P. CABRERAvs.HENRY YSAAC

G.R. No. 166790 November 19, 2014

As defined by the Civil Code, “[a] contract is a meeting of minds between two
persons whereby one binds himself, with respect to the other, to give
something or to render some service.”For there to be a valid contract, there
must be consent of the contracting parties, an object certain which is the
subject matter of the contract, and cause of the obligation which is
established.

SPS. FELIPE SOLITARIOS AND JULIA TORDA, petitioners, vs. SPS.

GASTON JAQUE AND LILIA JAQUE

G.R. No. 199852, November 12, 2014

Article 1602(6) of the Civil Code provides that a transaction is presumed to

be an equitable mortgage: (6) In any other case where it may be fairly
inferred that the real intention of the parties is that the transaction shall
secure the payment of a debt or the performance of any other obligation.

OWEN PROSPER A. MACKAY, vs. SPOUSES DANA CASWELL AND

CERELINA CASWELLG.R. No. 183872

Under Article 1715 of the Civil Code, if the work of a contractor has defects
which destroy or lessen its value or fitness for its ordinary or stipulated use,
he may be required to remove the defect or execute another work. If he fails
to do so, he shall be liable for the expenses by the employer for the
correction of the work.

HEIRS OF GREGORIO LOPEZ, represented by Rogelia Lopez, et al.,

vs.DEVELOPMENT BANK OF THE PHILIPPINES [Now substituted by
Philippine Investment Two (SPVAMC), Inc.]
G.R. No. 193551, November 19, 2014

"The defense of having purchased the property in good faith may be availed
of only where registered land is involved and the buyer had relied in good
faith on the clear title of the registered owner."

EXTRAORDINARY DEVELOPMENT CORPORATION, v. HERMINIA F.

SAMSON-BICO AND ELYB. FLESTADO.

G.R. No. 191090, 13 October 2014

That the binding force of a contract must be recognized as far as it is legally

possible to do so.
“Quandoresnonvaletutago,valeatquantumvalerepotest.”(When a thing is of no
force as I do it, it shall have as much force as it can have.)

BANK OF THE PHILIPPINE ISLANDS, v. AMADOR DOMINGO

G.R. No. 169407, March 25, 2015

Novation is the extinguishment of an obligation by the substitution or change

of the obligation by a subsequent one which extinguishes or modifies the
 first, either by changing the object or principal conditions, or by substituting
the person of the debtor, or by subrogating a third person to the rights of the
creditor.

CARMELITA T. BORLONGAN vs.BANCO DE ORO (formerly EQUITABLE

PCI BANK)

G.R. No. 217617 April 5, 2017

Redemption,is inconsistent with the petitioner's claim of invalidity of levy and

sale. Redemption is an implied admission of the regularity of the sale and
would estop the petitioner from later impugning its validity on that ground.

REBECCA FULLIDO v. GINO GRILLI

G.R. No. 215014, February 29, 2016

To circumvent the Constitutional prohibition against the transfer of lands to

aliens is readily revealed as the purpose for the contracts, then the illicit
purpose becomes the illegal cause rendering the contracts void. Thus, if an
alien is given not only a lease of, but also an option to buy, a piece of land by
virtue of which the Filipino owner cannot sell or otherwise dispose of his
property, this to last for 50 years, then it becomes clear that the
arrangement is a virtual transfer of ownership whereby the owner divests
himself in stages not only of the right to enjoy the land but also of the right
to dispose of it — rights which constitute ownership. If this can be done, then
the Constitutional ban against alien landholding in the Philippines, is indeed
in grave peril.

SPOUSES FIRMO S. ROSARIO AND AGNES ANNABELLE DEAN-

ROSARIO
vs.PRISCILLA P. ALVAR

G.R. No. 212731 September 06, 2017

The binding effect and enforceability of that earlier dictum can no longer be
re-litigated in a later case since the issue has already been resolved and
finally laid to rest in the earlier case.Reformation of an instrument is a
remedy in equity where a written instrument already executed is allowed by
law to be reformed or construed to express or conform to the real intention
of the parties. The rationale of the doctrine is that it would be unjust and
inequitable to allow the enforcement of a written instrument that does not
express or reflect the real intention of the parties.

ALICIA P. LOGARTA v. CATALINO M. MANGAHIS

G.R. No. 213568, July 05, 2016

 A deed of conditional sale, ownership is transferred after the full payment of
the installments of the purchase price or the fulfillment of the condition and
the execution of a definite or absolute deed of sale.51 Verily, the efficacy or
obligatory force of the vendor's obligation to transfer title in a conditional sale
is subordinated to the happening of a future and uncertain event, such that if
the suspensive condition does not take place, the parties would stand as if
the conditional obligation had never existed.

SWIRE REALTY DEVELOPMENT CORPORATION v. JAYNE YU

G.R. No. 207133, March 09, 2015

The injured party may choose between the fulfillment and the rescission of
the obligation, with the payment of damages in either case. He may also seek
rescission, even after he has chosen fulfillment, if the latter should become
impossible.

JUANA VDA. DE ROJALES, SUBSTITUTED BY HER HEIRS,

REPRESENTED BY CELERINA ROJALES-SEVILLA v. MARCELINO DIME,
SUBSTITUTED BY HIS HEIRS, REPRESENTED BY BONIFACIA MANIBAY

G.R. No. 194548, February 10, 2016

The client has the exclusive control of the cause of action on the claim or
demand sued upon, petitioner insists that the filing of the manifestation
reflected the intention of the heirs of respondent to enter into a settlement
with the petitioner.If a contract should contain some stipulation in favor of a
third person, he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental benefit or
interest of a person is not sufficient. The contracting parties must have
clearly and deliberately conferred a favor upon a third person.

PEOPLE OF THE PHILIPPINES v MYRNA GAYOSO y ARGUELLES

March 27, 2017 G.R. No. 206590

The offense of illegal sale of shabu has the following elements: "(1) the
identities of the buyer and the seller, the object and consideration of the
sale; and (2) the delivery of the thing sold and the payment therefor."

[ G.R. No. 208004, July 30, 2018 ]

LAND BANK OF THE PHILIPPINES, PETITIONER, VS. PRADO VERDE

CORPORATION, RESPONDENT.

[G.R. No. 208112]

PRADO VERDE CORPORATION, PETITIONER, VS. LAND BANK OF THE

 PHILIPPINES, RESPONDENT.

[G.R. No. 210243]

LAND BANK OF THE PHILIPPINES, PETITIONER, VS. PRADO VERDE

CORPORATION, RESPONDENT.

The fact that the petitioner had immediately deposited the initial valuation of
the subject landholdings after its taking, the fact remains that up to this
date, the respondent has not yet been fully paid. Thus, the respondent is
entitled to legal interest from the time of the taking of the subject
landholdings until the actual payment in order to place it in a position as
good as, but not better than, the position that it was in before the taking
occurred. The imposition of such interest is to compensate the respondent for
the income it would have made had it been properly compensated for the
properties at the time of the taking.

ANDY ANG v SEVERINO PACUNIO, et.al

G.R. No. 208928 July 8, 2015

The rule on real parties in interest has two (2) requirements, namely: (a) to
institute an action, the plaintiff must be the real party in interest; and (b) the
action must be prosecuted in the name of the real party in interest. the
purposes of this provision are 1) to prevent the prosecution of actions by
persons without any right, title or interest in the case; 2) to require that the
actual party entitled to legal relief be the one to prosecute the action; 3) to
avoid multiplicity of suits; and 4) discourage litigation and keep it within
certain bounds, pursuant to public policy.

SPOUSES ROBERTO AND ADELAIDA PEN v. SPOUSES SANTOS AND

LINDA JULIAN

G.R. No. 160408, January 11, 2016

Article 2088 of the Civil Code prohibits the creditor from appropriating the
things given by way of pledge or mortgage, or from disposing of them; any
stipulation to the contrary is null and void. The elements for pactum
commissorium to exist are as follows, to wit: (a) that there should be a
pledge or mortgage wherein property is pledged or mortgaged by way of
security for the payment of the principal obligation; and (b) that there should
be a stipulation for an automatic appropriation by the creditor of the thing
pledged or mortgaged in the event of non-payment of the principal obligation
within the stipulated period.In a sale, the contract is perfected at the moment
when the seller obligates herself to deliver and to transfer ownership of a
thing or right to the buyer for a price certain, as to which the latter agrees.
 ROGELIA R. GATAN AND THE HEIRS OF BERNARDINO GATAN,
NAMELY: RIZALINO GATAN AND FERDINAND GATAN v. JESUSA
VINARAO, AND SPOUSES MILDRED CABAUATAN AND NOMAR
CABAUATAN

G.R. No. 205912, October 18, 2017

It bears to stress that the questioned Deed of Absolute Sale is one that was
acknowledged before a Notary Public. It is well-settled that a document
acknowledged before a Notary Public is a public document that enjoys the
presumption of regularity. It is a prima facie evidence of the truth of the facts
stated therein and a conclusive presumption of its existence and due
execution.