ARTICLE 1487 EXPENSES FOR EXECUTION AND REGISTRATION only tells about that the vendor has the

duty to
pay not only on the expenses for the execution of the sale but also for the registration of the sale in the absence
of any agreement between the parties to the contrary. General rule kasi na the expenses for the execution and
registration of the sale shall be borne to the vendor unless there is an exemption which is ung contrary
stipulation, meaning ung nagbenta sya ung responsible sa pagbabayad ng anumang expenses na maacquire
upon the execution or ung pagtransfer nung sale at pati sa registration like sa pagtransfer ng names and
ownership nung subject or object of the sale. Ung dun sa exemption na contrary stipulation pwede na naaka
specify sa condition nung agreement between the vendor and buyer na sinasabi dun if ever na kung sino ung
magbayad sa expenses kung ung vendor ba or seller, kung 50:50 ba sila sa pagbayad ng mga expenses upon
execution and registration of the sale or kung hindi. Which is dapat napag-agreehan both ng parties na involve.

Under article 1488 po sinasabi na ung exportation ng isang property na intended for public use is governed po
sya ng special laws. So, Expropriation by definition is the process or way of government taking over an
inidividuals rights especially by eminent domain. Ito pong eminent domain nato sinasabi na may kapangyarihan
or power ung government or any government agencies to take private property para gawing for “public use” as
long as compensation had been made kasi under expropriation po pwde na with or without the consent of the
owners pero under kasi ng article 3 section 9 of the 1987 philippine constitution, that private property shall not
be taken for public use without just compensation. Good example po nito is ung during 1963, wherein the
Philippine government instituted expropriation proceedings against owners of adjacent lands for the expansion
of Lahug Airport. Ung nangyari po dito is upon expropriation, ung adjacent lands na subject for the expropriation
is suucesful na naregistered in the government’s name, pero ung case po kasi dto is may nilabas na
memorandum si former president cory Aquino na sinasabi dun na ung operation ng lahug airport is matatransfer
na under na supervision of Mactan International Airport, weherin ung supposed expansion na sinasabi na reason
nung expropriation ng lands is hindi natuloy, kaya ung isa sa owner ng adjacent lands is nag complain about dto na
kung pwede maibalik or marecover nila ung ownership nung mga lupa nila kasi hindi naman nasunod ung expansion
sa lahug airport. Ung naging decision po dito is infavor sa mactan airport kasi para dw reacquire ung land dapat may
naging agreement or condition ung both properties kapag may cases ng abandonment ng public use kasi po kung
wala hindi po pwede na mareacquire ung dating property.
Article 1489 as a general rule all persons whether natural or juridical who can bind themselves, have
legal capacity to enter into a contract of sale. In cases of minors or ung other person na without
capacity to act is mga necessaries na mga product lng ung pwede na ibenta at ideliver sa kanila like
ung mga basic needs and necessities: clothing, medicines, education and transportation ung mga
pwde na maenter into contract ng either minors or ung mga without capacity to act. Note that The
law does not define who are actually capacitated to enter into contracts specifically also minors
who are capacitated to buy and sell. The law defines who are incapacitated. People who are
incapacitated eto yung mga deaf mutes or minors na hindi marunong magsulat ung excemption sa
general rule under article 1489 na all persons may enter into contract of sales. pwede mong
obligahin yung sarili mo, pwede kang pumasok sa contract of sale, pero syempre there are
qualifications provided by law pa rin para dito.

So merong 2 kinds of incapacity under article 1489 number 1 is ung absolut incapacity from the word itself,
absolute meaning hindi talaga sila pwede mag enter sa isang contract of sale, if so naman, the contract of sale
is otherwise defective or voidable, hindi sya magiging contract of sale pag naagkataon kasi voidable sya since
hindi absolute na mismo ung pagiging incapacitated nila. So, “VOIDABLE LANG ANG CONTRACT IF IT IS ENTERED
BY INCAPACITATED PERSON WITH CAPACITATED PERSON.” Second is relative incapacity, eto ung hindi pwedeng
mag enter ng contract ung isang tao if ung kacontract nya is relative nya,or ung mismong pagbibilhan nya is may
ugnayan kumbaga kayo sa isa’t isa, examples like husband and wife. Husband and Wife are relatively
incapacitated, because both of them can enter into a contract, both of them can buy a sale, but when it comes
to the spouse properties these cannot be sold by the husband or the wife to each other as a general rule.
Moreover, A sale between husband and wife in violation of the Article 1490 is inexistent and void from the
beginning because it is a contract and sale is expressly prohibited by law. Exception lang sa general rule is if
when a separation property was agreed upon marriage and when there has been juridical separation of
property. So incase of relative capacity, ung incapacity will depend on the person, depend on the circumstances
and depend on the property, probably a person is capacitated pero with respect to certain property and under
certain circumstances remember na incapacitated na sya.

So dito po sa article 1490, the husband and wife cannot sell property to each other, ung husband pwedeng
bumili at magbenta ng property nya as well as ung wife pero hindi nila pwedeng pagbentahan ung isat isa as
stated in the general rule na husband and the wife cannot sell property to each other, otherwise it will be a
violence na sa the Article 1490 of the civil codepero may excpetion po dito, una po is kapag may napag agreehan
na separation property upon marriage or in other words is ung prenuptial agreement bago ung kasal wherein
nakalagay po dito kung ano ung mga conjugal property or mas accepted na sya nagyon na tawaging community
property at kung alin ung property na mapapangalan sa knilang dalawa as married couple. Then ung sa 2, when
there has been a juridical separation of property, ung ibig sabhin naman po nito is nag agreed silang magpartner
na upon marriage nag agree sila na lahat ng properties nila is divided between the two of them, kung pano
madidivide ung conjugal property ng dalawang married couple. Take note din na applicable din itong
prescription against sale of property dun sa mga common law relationships or ung sa mga magkarelasyon na
nagsasama or ung mga live in na parang mag asawa na kahit hindi pa kasal, kasali na din sila dito sa tinutukoy
dito.

So, article 1491, the following persons cannot acquire by purchase, even at a public or juridical auction, either in person
or through the meditation of another: so number 1 is the guardian, With respect to the property of the person or persons
who may be under his guardianship. He is not allowed to buy the property of his ward. Ung WARD po dito is ung tawag sa
isang tao na under the care of the guardian maybe a minor, incapacitated person and etc. Example: minor ako and may
guardian ako, hindi nya pwedeng bilhen ung properties ko, hindi pwede linlangin nung guardian ung ward nya para ibenta
sa kanya ung property na meron ung minor or incapacitated person. Number 2 is agents, With respect to the property
who’s administration or sale may have been entrusted to them, unless the concept of the principal the person who
authorizes the agent to represent him has been given. For example, may properties na pinapabenta kay agent, hindi
pwedeng si agent mismo ang bumile nung property para lang memabenta si agent, the agent is not allowed to sell to
himself. Unless authorizes or sinabi nung nagpapabenta nung property na pwede. Next is the executors and
administrators, With respect to the property of the estate under administration, EXECUTOR ito yung mag execute execute
or give effect to your last will and testament. He is the one who will manage your estate, mga ari_arian pag namatay ka,
ung ADMINISTRATOR naman is the one who will manage your estate, kaibahan lang nito sa executor is that usually court
appointed sya and you have no last will and testament, unlike the executor you’re the one who appointed it. Ung point
main point lang dito is that both the executor and administrator can’t buy your estate that they handle. Example:
namatay ka and may naiwan kang 10 hectares of land that you manage and administer to an executor, then the
executor is not allowed to buy those lands. Then next is the Public officers and employees, wherein, With respect inregards
to the property of the state of any subdivision thereof, or of any government owned or controlled corporation or
institution the administration of which has been entrusted to them; this provision shall apply to the judges and
government experts, who in any manner whatsoever and take part of the sale. Sabi din po dito na, Any public officer or
employee involved in a property owned by the government including GOCC’s so if they are entrusted with the
administration of these properties, they cannot deal with these properties. Sunod po is Judicial officers and employees,
and lawyers. With respect to the property and rights in litigaton or levied upon an execution before the court within whose
jurisdiction or territory or they exercise their respective functions. This prohibition includes the acts of acquiring by
assignments. Any property in litigation, for example: May case na pending kay judge sa court, si judge bawal nyang bilhin
ung land, si fiscal who prosecutes the accuse with a property involves he is not also allowed to buy the certain property.
They cannot deal with property involved litigation. Itong litigation na binabanggit dito is ung process na involve ang legal
action. Lastly po, Any other persons disqualified by law. So,This refers po to those prohibited by reason of the fiduciary
involved. This is so by the principle of “ejusdem generis” wherein itong EJUSDEM GENERIS: are series of enumerations
general words like “and others” placed at the end thereof are understood to embrace only those situated under the same
class or group of those listed down in an enumeration. Ito po ung other persons na disqualified by law to take part into a
contract of sale.

ARTICLE 1492
The relative incapacity provided in Article 1490 and 1491 applies also to sales by virtue of legal redemptions,
COMPROMISES: which is isa itong ontract whereby the parties, by reciprocal concessions, avoid a litigation or
put an end to one already commenced. It is the amicable settlement of a controversy. Kumbaga hindi na
pinabaabot pa sa court or any legal action to part in para masolve ung issue, and then RENUNCIATIONS naman
ay creditor that abandons his right against his creditor. The other terms used by the law are condonation and
remission. The persons disqualified to buy referred to in Articles 1490 and 1491 are also disqualified to become
lessees of things mentioned therein.

Article 1493

EFFECT OF LOSS OF THING AT THE TIME OF SALE. This refers to a case of loss of the object even before the
perfection of the contract. Whereas object refers to a specific thing like car, house, cellphone and all specific
objects. In which that the thing or object is considered loss, when it perishes, it goes out of commerce, when it
disappear in such a way that its existence is unknown or cannot be recovered. It is actually the seller who will
have to bear the risk of loss, because the seller is still the owner because the contract of sale is not yet perfected,
therefore there’s still no contract of sale to speak of with technicalities. Pag completely lost ung thing ung
contract shall be without any effect, parang walang magiging bisa ung contract pag entirely lost ung nangyari,
pag partially lost naman ung vendee or ung taong bumili nung specific thing pwede sya mamili whether
magwiwithdraw sya dun sa contract or kung magdedemand sya at gusto pa nyang makuha ung natitirang part
nung object for that specific sale then ung babayaran na lang nya is depende na dun sa natitira pang parte nung
object hindi na ung buong napag-agreehan na price nung specific thing ung babayran ni buyer or vendee.

Article 1494
Effect of loss in case of specific goods. So this refers to the sale of a mass specific goods or goods identified
agreed upon at the time a contract of sale is made. Unang effect of loss is pwede pong macancel or maavoid
ung contract, Pwede na po ditong magwithdraw ung buyer dun sa contract from the sale dahil na din po sa may
nawalang portion.
Then second is pwede pong magkaroon ng specific performance as to the remaining existing goods. This will
apply po if the sale is divisible but if the sale id indivisible and ung buyer elects to continue with the sale, it is
believed that the buyer should be made to pay only the proportionate price nung remaining goods. Pwede na
po ditong magwithdraw ung buyer dun sa contract from the sale dahil na din po sa may nawalang portion. Or
pwede din po na mag continue pa sa contract then ung natitirang goods na lang ung bibilhin mo, for instance
total of 100 sacks of rice then nawala ung 60, ung remaining 40 un ung pwede mo pang bilhin if gusto mo pa
magcontinue dun sa contract or mag withdraw ka na if 100 sacks of rice talaga ung target mo na bilhin.

Article 1495
Refers about the obligation to transfer ownership and deliver. So first obligation of the vendor is to transfer
ownership of the thing sold; the vendor need not to be the owner of the thing at the time of perfection of the
contract; it is sufficient that he has a “right to transfer the ownership thereof at the time it is delivered. Second,
to deliver the thing. The transfer of ownership and the delivery of the thing sold are not essential to the
perfection of the contract. But if the seller does not deliver at the time stipulated, the buyer may ask for the
rescission of the contract or fulfillment with the right to damages in either case.

Delivery
Hindi lang sya patungkol dun sa mismong pagdeliver nung object but additional to that is ung pagtransfer din
ng possession and ownership nung object from the vendor’s possession and ownership na eventually
matatransfer na sa possession and ownership ng vendee upon delivery.

Purpose of delivery
Under civil code, ung pag transfer or pass down ng ownership is not merely upon stipulation but only through
the delivery, kasi once na nadeliver na sayo ung object, possession at ownership muna yun from the time na
nireceived mo na. Ung act ng pag deliver nung object signifies that the title has passed from the seller to the
buyer.