Category Archives: Sales

When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract

Posted on March 1, 2012 by Erineus

It has been established that petitioners validly executed a deed of sale covering the subject parcels of land in favor of respondent after the latter paid the outstanding account of the former with the Philippine Veterans Bank. Article 1498 of … Continue reading →

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An extrajudicial foreclosure of real estate mortgage is initiated by filing a petition not with any court of justice but with the office of the sheriff of the province where the sale is to be made.

Posted on February 29, 2012 by Erineus

Petitioners insist that it was error for the CA to rule that the stipulated exclusive venue of Makati City is binding only on petitioners’ complaint for Annulment of Foreclosure, Sale, and Damages filed before the Regional Trial Court of Parañaque … Continue reading →

Posted in Foreclosure Sale, Mortgage Law, Sales | Tagged | Leave a comment

Where the seller sold one property to different buyers who has a better right?

Posted on February 3, 2012 by Erineus

The present controversy is a clear case of double sale, where the seller sold one property to different buyers, first to petitioner and later to respondent. In determining who has a better right, the guidelines set forth in Article 1544 … Continue reading →

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When does a person or group guilty of unjust enrichment?

Posted on February 3, 2012 by Erineus

As a rule, a contract is perfected upon the meeting of the minds of the two parties.  Under Article 1475[13] of the Civil Code,a contract of sale is perfected the moment there is a meeting of the minds on the … Continue reading →

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It is a well-entrenched rule that where the deed of sale states that the purchase price has been paid but in fact has never been paid, the deed of sale is null and void ab initio for lack of consideration.

Posted on February 2, 2012 by Erineus

It is a well-entrenched rule that where the deed of sale states that the purchase price has been paid but in fact has never been paid, the deed of sale is null and void ab initio for lack of consideration. … Continue reading →

Posted in Deed of Sale, Land, Obligations and Contracts, Sales | Tagged | Leave a comment