Preparatory Statement It is expressly provided in Paragraph 3 of Article 1480 of the New Civil Code that should a fungi le things

e sold for a price fixed according to weight! nu" er! or "easure! the ris# shall not e i"puted to the vendee until they have een weighed! counted or "easured and delivered! unless the latter has incurred in delay$ Clearly stated! the general rule has also een provided with an exception$

Statement of Facts %his case involves the delivery of different trading entities! "y clients to the vendee! Philippine &irginia %o acco Ad"inistration 'P&%A( through the 'Central Cooperative )xchange! Inc( CC) in the latter*s redrying plant on various dates in 1+,3$ %he to acco ship"ents of "y clients that had long een in the ra"ps were urned while awaiting inspection! grading and weighing$ %he ship"ents! once received fro" trading entities such as "y clients! were under the control of trading agent of P&%A! the CC) and not su -ect to withdrawal without its authority$

Issue %his "e"orandu" will discuss . /o the issue here is that 01N the P&%A e considered as having accepted the to acco ship"ents as of the fire and! therefore! should ear the loss$

Arguments and Discussion 23y side stands in the affir"ative saying that "y clients4 ship"ents had long een in the CC) ra"ps waiting to e inspected when they were urned$ It is provided in article 1456 that the contract of sale is perfected at the "o"ent there is a "eeting of "inds upon the thing and upon the price$ %herefore! the "o"ent the ship"ent was placed in the control and possession of CC)! the contract has already een perfected$ %his was also stressed in the case of La Fuerza, Inc. v. Court of Appeals through the then Chief 7ustice Concepcion$ 28astly! even so that par$ 3 1f article 1480 states that things e sold for a price fixed according to weight! the ris# shall not e i"puted to the vendee until they have een weighed! unless the vendee has incurred in delay$ It is worth to e e"phasi9ed that "y clients4 ship"ents had long een in the ra"ps for inspection and were not inspected in due ti"e efore they were urned and the delay is tracea le to the fault of the P&%A and CC)! whereas "y clients the"selves had done everything that was re:uired of the" y the P&%A regulations in order to have their to acco inspected and paid for$ It is clear that the vendee has incurred in delay$

Prayer 0herefore! in view of the foregoing! we earnestly pray that this court4s decision will e in favour of our side and that the Philippine &irginia %o acco Ad"inistration e ad-udged to e lia le and ear the loss of the to acco ship"ents$ 0e also pray for such other relief and re"edies that are -ust and e:uita le under the pre"ises$