article 1479-1498_paciente.docx

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Article 1479: A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price. (1451a) G.R. No. 168325 ROBERTO D. TUAZON, Petitioner, vs. LOURDES Q. DEL ROSARIO-SUAREZ, CATALINA R. SUAREZ-DE LEON, WILFREDO DE LEON, MIGUEL LUIS S. DE LEON, ROMMEL LEE S. DE LEON, and GUILLERMA L. SANDICO-SILVA, as attorney-in-fact of the defendants, except Lourdes Q. Del Rosario-Suarez, Respondents April 11, 2012 Article 1482 : Whenever earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. (1454a) G.R. No. 171359 BENJAMIN A. UMIPIG, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent July 18, 2012 G.R. No. 171755 RENA TO B. PALOMO and MARGIE C. MABITAD, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent July 18, 2012

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Page 1: Article 1479-1498_PACIENTE.docx

Article 1479:  A promise to buy and sell a determinate thing for a price certain is

reciprocally demandable.

An accepted unilateral promise to buy or to sell a determinate thing for a price certain is

binding upon the promisor if the promise is supported by a consideration distinct from the

price. (1451a)

G.R. No. 168325

ROBERTO D. TUAZON, Petitioner,vs. LOURDES Q. DEL ROSARIO-SUAREZ, CATALINA R. SUAREZ-DE LEON, WILFREDO DE LEON, MIGUEL LUIS S. DE LEON, ROMMEL LEE S. DE LEON, and GUILLERMA L. SANDICO-SILVA, as attorney-in-fact of the defendants, except Lourdes Q. Del Rosario-Suarez, RespondentsApril 11, 2012

Article 1482: Whenever earnest money is given in a contract of sale, it shall be considered

as part of the price and as proof of the perfection of the contract. (1454a)

G.R. No. 171359

BENJAMIN A. UMIPIG, Petitionervs. PEOPLE OF THE PHILIPPINES, RespondentJuly 18, 2012

G.R. No. 171755

RENA TO B. PALOMO and MARGIE C. MABITAD, Petitioners,vs. PEOPLE OF THE PHILIPPINES, RespondentJuly 18, 2012

G.R. No. 171776

CARMENCITA FONTANILLA-PAYABYAB, Petitionervs. PEOPLE OF THE PHILIPPINES, RespondentJuly 18, 2012

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G.R. No. 191696

ROGELIO DANTIS, Petitionervs. JULIO MAGHINANG, JR., RespondentApril 10, 2013

Article 1484: In a contract of sale of personal property the price of which is payable in

installments, the vendor may exercise any of the following remedies:

(1) Exact fulfillment of the obligation, should the vendee fail to pay;

(2) Cancel the sale, should the vendee's failure to pay cover two or more installments;

(3) Foreclose the chattel mortgage on the thing sold, if one has been constituted,

should the vendee's failure to pay cover two or more installments. In this case, he

shall have no further action against the purchaser to recover any unpaid balance of

the price. Any agreement to the contrary shall be void. (1454-A-a)

G.R. No. 158755

SPOUSES FRANCISCO and MERCED RABAT, Petitioners,vs. PHILIPPINE NATIONAL BANK, RespondentJune 18, 2012

Article 1485: The preceding article shall be applied to contracts purporting to be leases of

personal property with option to buy, when the lessor has deprived the lessee of the

possession or enjoyment of the thing. (1454-A-a)

G.R. No. 182963

SPOUSES DEO AGNER and MARICON AGNER, Petitionersvs. BPI FAMILY SAVINGS BANK, INC., RespondentJune 3, 2013

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Article 1486: In the case referred to in the two preceding articles, a stipulation that the

installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar

as the same may not be unconscionable under the circumstances. (n)

NO JURISPRUDENCE (2012-2014)

CHAPTER 2

Capacity to Buy or Sell

Article 1491: The following persons cannot acquire by purchase, even at a public or judicial

auction, either in person or through the mediation of another:

(1) The guardian, the property of the person or persons who may be under his

guardianship;

(2) Agents, the property whose administration or sale may have been intrusted to

them, unless the consent of the principal has been given;

(3) Executors and administrators, the property of the estate under administration;

(4) Public officers and employees, the property of the State or of any subdivision

thereof, or of any government-owned or controlled corporation, or institution, the

administration of which has been intrusted to them; this provision shall apply to

judges and government experts who, in any manner whatsoever, take part in the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and

other officers and employees connected with the administration of justice, the

property and rights in litigation or levied upon an execution before the court within

whose jurisdiction or territory they exercise their respective functions; this prohibition

includes the act of acquiring by assignment and shall apply to lawyers, with respect to

the property and rights which may be the object of any litigation in which they may

take part by virtue of their profession;

(6) Any others specially disqualified by law. (1459a)

A.M. NO. P-01-1448

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RODOLFO C. SABIDONG, Complainantvs. NICOLASITO S. SOLAS (Clerk of Court IV), RespondentJune 25, 2013

G.R. No. 184015

SPOUSES MARIANO P. MARASIGAN and JOSEFINA LEALvs. CHEVRON PHILS., INC., ACCRA INVESTMENTS, CORP., and ANGARA ABELLO CONCEPCION REGALA & CRUZ, RespondentsFebruary 8, 2012

G.R. No. 176425

HEIRS OF MANUEL UY EK LIONG, represented by BELEN LIM VDA. DE UY, Petitionersvs. MAURICIA MEER CASTILLO, HEIRS OF BUENAFLOR C. UMALI, represented by NANCY UMALI, VICTORIA H. CASTILLO, BERTILLA C. RADA, MARIETTA C. CA V ANEZ, LEOVINA C. JALBUENA and PHILIP M. CASTILLO, RespondentsJune 5, 2013

CHAPTER 4

Obligations of the Vendor

SECTION 1

General Provisions

Article 1496 : The ownership of the thing sold is acquired by the vendee from the moment it

is delivered to him in any of the ways specified in articles 1497 to 1501, or in any other

manner signifying an agreement that the possession is transferred from the vendor to the

vendee. (n)

G.R. No. 188661

ESTELITA VILLAMAR, Petitioner,vs. BALBINO MANGAOIL, RespondentAprill 11, 2012

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SECTION 2

Delivery of the Thing Sold

Article 1497 : The thing sold shall be understood as delivered, when it is placed in the

control and possession of the vendee. (1462a)

G.R. No. 168499

SPOUSES EROSTO SANTIAGO and NELSIE SANTIAGO, Petitioners,vs. MANCER VILLAMOR, CARLOS VILLAMOR, JOHN VILLAMOR and DOMINGO VILLAMOR, JR., RespondentsNovember 26, 2012

Article 1498: 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, if from the

deed the contrary does not appear or cannot clearly be inferred.

G.R. No. 174118

THE ROMAN CATHOLIC CHURCH, represented by the Archbishop of Caceres, Petitionervs. REGINO PANTE, RespondentApril 11, 2012

G.R. No. 188661

ESTELITA VILLAMAR, Petitioner,vs. BALBINO MANGAOIL, RespondentAprill 11, 2012

G.R. No. 168499

SPOUSES EROSTO SANTIAGO and NELSIE SANTIAGO, Petitioners,vs. MANCER VILLAMOR, CARLOS VILLAMOR, JOHN VILLAMOR and DOMINGO VILLAMOR, JR., RespondentsNovember 26, 2012