art 1497- physical delivery alfredo vs borras gr no 144225, june 17, 2003 carpio, j.

facts: sps godofredo and carmen Alfredo ownerd a land under homestead patent no v-69196 which was mortgaged for P7,000 with the DBP. To pay the debt, sps. Alfredo sold the said property to Sps. Borras for P15,000. Sps. Alfredo then delivered the owner's duplicate copy with the document of cancellation of mortgage, official receipts of realty tax payments and tex declaration in the name of godofredo to the Sps. Borras after the latter paid the balance of the purchase price on the land. After Sps Borras took possession of the land, they discovered that sps alfredo had re-sold portions of the land to several persons. issue: won the ownership of the subject land has already been transferred to the sps borras held: The contract of sale between the spouses Godofredo and Carmen and the spouses Armando and Adelia was a perfected contract. The contract of sale of the Subject Land has also been consummated because the sellers and buyers have performed their respective obligations under the contract. In a contract of sale, the seller obligates himself to transfer the ownership of the determinate thing sold, and to deliver the same, to the buyer who obligates himself to pay a price certain to the seller.[13] In the instant case, Godofredo and Carmen delivered the Subject Land to Armando and Adelia, placing the latter in actual physical possession of the Subject Land. This physical delivery of the Subject Land also constituted a transfer of ownership of the Subject Land to Armando and Adelia.[14] Ownership of the thing sold is transferred to the vendee upon its actual or constructive delivery.[15] Godofredo and Carmen also turned over to Armando and Adelia the documents of ownership to the Subject Land, namely the owners duplicate copy of OCT No. 284, the tax declaration and the receipts of realty tax payments.