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Philippine Jurisprudence Case Digest

CASE DIGESTS, CIVIL LAW, SALES
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CASE DIGEST CIVIL LAW SALES

Del Prado vs.Caballero

G.R. No. 148225, March 3, 2010

FACTS:

On June 11, 1990, respondents sold to petitioner a lot on the basis of tax declaration located at Guba
Cebu City. Petitioner registered the same under PD 1529. Petitioner claimed that the sale was for a lump
sum containing an area of 4,000 square meters, more or less. 

However, when the land was registered on December 1990, the technical description states that the lot
measures 14,457 square meters, more or less.

Subsequently, petitioner filed an action in order to compel vendor to deliver all that was included within
said boundaries even if it exceeded the area specified in the contract. Petitioners, likewise, alleged that
the sale was of a lump sum. 

In their defense, respondents contended that only 4,000 square meters was sold to petitioner and the sale
was not for a lump sum. 

ISSUE: 

Whether or not the sale of the land was for a lump sum

HELD:

The Court held in negative.

In the instant case, the sale was not a unit price contract. The parties agreed on the purchase price of
Php40,000.00 for a predetermined area of 4,000 square meters, more or less. 

In a contract of sale of a land mass, the specific boundaries stated therein must control over any other
statement, with respect to area contained within its boundaries.

“More or less” is defined as approximately, or which intend to cover slight or unimportant inaccuracies
in quantity. This implies both parties assume risk of ordinary discrepancy.
The Court, however, held that a discrepancy of 10,475 square meters cannot be considered a slight
difference in quantity. The difference in the area is sizeable and too substantial to be overlooked. It is not
a reasonable excess or deficient that should be deemed included in the deed of sale. 

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