CASES ON SALES – January to March 2017

DANIELLE JAN S. QUIDILLA

1. G.R. No. 214303, January 30, 2017 - DELFIN C. GONZALEZ, JR., Petitioner, vs.
MAGDALENO M. PEÑA, ALABANG COUNTRY CLUB, INC., AND MS. ARSENIA
VERA, Respondents.

Ruling: Article 1505 of the Civil Code instructs that "x x x where goods are sold by a
person who is not the owner thereof, and who does not sell them under authority or with
the consent of the owner, the buyer acquires no better title to the goods than the seller
had, unless the owner of the goods is by his conduct precluded from denying the seller's
authority to sell. x x x."

2. G.R. No. 206345, January 23, 2017 - NATIONAL HOME MORTGAGE FINANCE
CORPORATION, Petitioner, v. FLORITA C. TAROBAL, Respondent.

Ruling: Article 1505 of the Civil Code instructs that "x x x where goods are sold by a
person who is not the owner thereof, and who does not sell them under authority or with
the consent of the owner, the buyer acquires no better title to the goods than the seller
had, unless the owner of the goods is by his conduct precluded from denying the seller's
authority to sell. x x x."

3. G.R. No. 196444, February 15, 2017 - DASMARIÑAS T. ARCAINA AND MAGNANI
T. BANTA, Petitioners, v. NOEMI L. INGRAM, REPRESENTED BY MA. NENETTE
L. ARCHINUE, Respondent.

Ruling: The Exception of Article 1542 of the NCC: The term more or less/ greater or less
are means only approximately, it does not apply when substantial area is involved.

Art. 1542. In the sale of real estate, made for a lump sum and not at the rate of a certain
sum for a unit of measure or number, there shall be no increase or decrease of the price,
although there be a greater or less area or number than that stated in the contract.

The same rule shall be applied when two or more immovables are sold for a single price;
but if, besides mentioning the boundaries, which is indispensable in every conveyance of
real estate, its area or number should be designated in the contract, the vendor shall be
bound to deliver all that is included within said boundaries, even when it exceeds the area
or number specified in the contract; and, should he not be able to do so, he shall suffer a
reduction in the price, in proportion to what is lacking in the area or number, unless the
contract is rescinded because the vendee does not accede to the failure to deliver what has
been stipulated.

4. G.R. No. 182409, March 20, 2017 – FELIX PLAZO URBAN POOR SETTLERS
COMMUNITY ASSOCIATION, INC, Petitioners, v. ALFREDO LIPAT SR. and
ALFREDO LIPAT JR., Respondent.
Ruling: In a Contract to Sell Agreement, the payment of the purchase price is a positive
suspensive condition, failure to of which is not a breach rather it prevents the obligation
of the seller to transfer ownership.