Melliza

vs City of Iloilo (30 April 1968) Municipality of Iloilo as per instrument dated
Subject Matter: Object of Sale November 15, 1932 . . . "
- In 1949, the City of Iloilo (formerly Municipality) donated the
RR: Juliana Melliza sold some parcels of land to Iloilo. The land sold to city hall site with the building thereon to the University of the
Iloilo was for the site of the construction of the City Hall accdg to the Philippines.
Arellano Plan and the instrument of such sale contained a stipulation - Sometime in 1952, the University of the Philippines enclosed
that the sale included the area needed for the construction of avenues, the site donated with a wire fence. Pio Sian Melliza thereupon
parks, and the city hall site. The requirement of the law that a sale made representations, thru his lawyer, with the city authorities
must have for its object a determinate thing, is fulfilled as long as, at for payment of the value of the lot (Lot 1214-B). No recovery
the time the contract is entered into, the object of the sale is capable was obtained, because as alleged by plaintiff, the City did not
of being made determinate without the necessity of a new or further have funds
agreement between the parties. - The University of the Philippines, meanwhile, obtained Transfer
Facts: Certificate of Title No. 7152 covering the three lots, Nos. 1214-
B, 1214-C and 1214-D.
- Melliza owned lands in Iloilo City. Among those lands was Lot - On December 10, 1955 Pio Sian Melizza filed an action in the
No. 1214 which had a total area of 29,073 sqm. Court of First Instance of Iloilo against Iloilo City and the
- In 1931, she donated to the Municipality of Iloilo 9,000 sqm of University of the Philippines for recovery of Lot 1214-B or of its
Lot 1214 but was revoked because the donated land didnt value.
meet the requirements for a Municipal Hall site accdg to the - The defendants answered, contending that Lot 1214-B was
Arellano Plan. included in the public instrument executed by Juliana Melliza in
- Subsequently, Lot 1214 was the subdivided into 1214-A, 1214- favor of Iloilo municipality in 1932. After stipulation of facts and
B-1, 1214-B-2, and 1214-B-3. As approved by the Bureau of trial, the Court of First Instance rendered its decision on August
Lands, Lot 1214-B-1, with 4,562 square meters, became known 15, 1957, dismissing the complaint. Said court ruled that the
as Lot 1214-B; Lot 1214-B-2, with 6,653 square meters, was instrument executed by Juliana Melliza in favor of Iloilo
designated as Lot 1214-C; and Lot 1214-B-3, with 4,135 square municipality included in the conveyance Lot 1214-B.
meters, became Lot 1214- D. - This meant that Juliana Melliza not only sold Lots 1214-C and
- In 1932, Melliza executed an instrument without any caption 1214-D but also such other portions or lots as were necessary
containing the sale of some her real properties, including Lots for the municipal hall site, such as Lot 1214-B. And thus it held
1214-B-2 and 1214-B-3 to the Municipality of Iloilo for the that Iloilo City had the right to donate Lot 1214-B to the U.P.
consideration of P6,422.00. This decision, upon appeal, was affirmed by the CA saying that
- In 1938, Melliza sold her remaining interest in Lot 1214 to there was a stipulation in Mellizas document saying that the
Villanueva. In 1946, Villanueva then transferred her rights to sale included the area needed for the construction of avenues,
the land to Pio Sian Melliza. Annotated at the back of Pio parks, and the city hall site.
Mellizas title certificate was:
- ". . . (a) that a portion of 10,788 square meters of Lot Issue: W/N the conveyance by Melliza to Iloilo City included Lot 1214-
1214 now designated as Lots Nos. 1412-B-2 and B
1214- B-3 of the subdivision plan belongs to the Held: YES.
 - Reading the public instrument in toto with special reference to site. Furthermore, Pio Sian Melliza, from the stipulation of facts,
the paragraphs describing the lots included in the sale, shows was the notary public of the public instrument. As such, he was
that said instrument describes four parcels of land by their lot aware of its terms. Said instrument was also registered with the
numbers and area; and then it goes on to further describe, not Register of Deeds and such registration was annotated at the
only those lots already mentioned, but the lots object of the back of the corresponding title certificate of Juliana Melliza.
sale, by stating that said lots are the ones needed for the
construction of the city hall site, avenues and parks according
to the It is therefore the more reasonable interpretation to
view it as describing those other portions of land contiguous to
the lots aforementioned that, by reference to the Arellano plan,
will be found needed for the purpose at hand, the construction
of the city hall site.
- It is therefore the more reasonable interpretation to view it as
describing those other portions of land contiguous to the lots
aforementioned that, by reference to the Arellano plan, will be
found needed for the purpose at hand, the construction of the
city hall site.

- The requirement of the law that a sale must have for its object
a determinate thing, is fulfilled as long as, at the time the
contract is entered into, the object of the sale is capable of
being made determinate without the necessity of a new or
further agreement between the parties (Art. 1273, old Civil
Code; Art. 1460, New Civil Code). The specific mention of some
of the lots plus the statement that the lots object of the sale
are the ones needed for city hall site; avenues and parks,
according to the Arellano plan, sufficiently provides a basis, as
of the time of the execution of the contract, for rendering
determinate said lots without the need of a new and further
agreement of the parties.

- There is no question either that Lot 1214-B is contiguous to Lots
1214-C and 1214-D, admittedly covered by the public
instrument. It is stipulated that, after execution of the contract
Exhibit "D", the Municipality of Iloilo possessed it together with
the other lots sold. It sits practically in the heart of the city hall