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Sale of Large

Cattle
ART. 1581. The form of sale of large cattle
shall be governed by special laws.
• Act No. 4177 – Special law governing the sale of large
cattle found in Section 511 to 536 of the Revised
Administrative Code, as amended

• Providing for the registration, branding, conveyance, and


slaughter of large cattle.
Section 511 Revised Administrative Code

• Large cattle," as herein used, includes the horse,


mule, ass, carabao, or other domesticated member
of the bovine family.
Section 517
Registration of cattle by municipal treasurer
• The municipal treasurer shall register in a Book properly prepared and kept
for the purpose, all branded and counter-branded animals presented for
registry and not previously registered under this Chapter, and shall set forth
in his registry entry the name residence of the owner, and the class, color,
sex, age, brands, knots of radiated hair commonly known as remolinos or
cowlicks, and other marks of identification of the cattle registered.
• A copy of the entry shall be issued to the owner as a certificate of
ownership, which certificate shall be prima facie evidence that the animal is
the property of the person therein named as owner.
Section 525

• In case of sale, the owner shall deliver to the purchaser the


original certificate of ownership and all certificates of
intermediate transfer showing ownership in himself, and in case
of loss of the original certificate of ownership, or of any of the
certificates of intermediate transfer, certified copies of the proper
entries showing such documents to have been issued by the
proper officials.
PD 533 (Anti-Cattle Rustling Law of 1974)

• Cattle rustling is the taking away by any means, method or


scheme, without the consent of the owner/raiser, of any of the
above-mentioned animals whether or not for profit or gain, or
whether committed with or without violence against or
intimidation of any person or force upon things.

• It includes the killing of large cattle, or taking its meat or hide


without the consent of the owner/raiser.
PD 533 (Anti-Cattle Rustling Law of 1974)

• no person, partnership, association, corporation or entity shall


engage in the business of buy and sell of large cattle without first
securing a permit for the said purpose from the Provincial
Commander of the Province where it shall conduct such business
and the city/municipal treasurer of the place of residence of such
person, partnership, association, corporation or entity. The permit
shall only be valid in such province.
Presumption of cattle rustling

Every person having in his possession, control or custody of large


cattle shall, upon demand by competent authorities, exhibit the
documents prescribed in the preceding sections. Failure to exhibit
the required documents shall be prima facie evidence that the large
cattle in his possession, control or custody are the fruits of the
crime of cattle rustling.
The sale must appear in a public document
Art. 1642. The contract of lease may be of
things, or of work and service.
The contract of lease is an agreement whereby one
person (lessor) binds himself to grant temporarily the
enjoyment or use of a thing or to render some work
or service to another (lessee) who undertakes to pay
rent, compensation or price therefore.
 1. Consent of the contracting parties;
 2. Object certain which is the subject matter of the contract;
- movable or immovable
 3. Consideration of lease of things - must be price certain generally
called “rent” or “rental” in money or its equivalent, such as products,
fruits, or other useful things, or some other prestation or labor which
the lessee binds himself to undertake. The important thing is that
what is given by the lessee has value
 Art. 1643. In the lease of things, one of the parties binds
himself to give to another the enjoyment or use of a thing
for a price certain, and for a period which may be definite
or indefinite. However, no lease for more than ninety-nine
years shall be valid
Landlord – lessor or owner
Tenant – lessee
the transmission of the temporary enjoyment or use
by the lessee of a thing for a certain period in
consideration of the undertaking to pay rent therefor.
The object of lease must be within the commerce of
man; otherwise it is void.
The lease of a building includes the lease of the lot
on which it stands, and the rentals of a building
include those of the land.
 (1) To deliver the thing which is the object of the contract in such a condition as to render it fit
for the use intended;
 (2) To make on the same during the lease all the necessary repairs in order to keep it suitable for
the use to which it has been devoted, unless there is a stipulation to the contrary;
 (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire
duration of the contract.
 (1) To pay the price of the lease according to the terms stipulated;
 (2) To use the thing leased as a diligent father of a family, devoting it
to the use stipulated; and in the absence of stipulation, to that which
may be inferred from the nature of the thing leased, according to the
custom of the place;
 (3) To pay expenses for the deed of lease.
 If the lessor or the lessee should not comply with the
obligations set forth in articles 1654 and 1657, the
aggrieved party may ask for the rescission of the contract
and indemnification for damages, or only the latter,
allowing the contract to remain in force.
1) When the period agreed upon has expired;
(

 (2) Lack of payment of the price stipulated;


 (3) Violation of any of the conditions agreed upon in the contract;
 (4) When the lessee devotes the thing leased to any use or service not
stipulated which causes the deterioration thereof; or if he does not
observe the requirement in No. 2 of article 1657, as regards the use
thereof.
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