Syllabus - March 9, 2021
Syllabus - March 9, 2021
COURSE SYLLABUS*
I. Nature of Sale
A. Definition of Sale
i. nature of obligations created in a sale
ii. subject matter of sale
iii. elements of the contract of sale
a. Uy vs. Heirs of Julita Uy-Renales, G.R. No. 227460, December 5, 2019
iv. stages in the life of sale
a. Desiderio Dalisay Investments, Inc. vs. Social Security System, G.R. No. 231053,
April 4, 2018
B. Essential Characteristics of Sale
i. nominate and principal
ii. consensual
a. Selerio vs. Bancasa, G.R. No. 222442, June 23, 2020
iii. bilateral and reciprocal
iv. onerous
v. commutative
a. Spouses Paguyo vs. Astorga, G.R. No. 130982, September 16, 2005
vi. sale is a form of “title” and not a “mode”
C. Sale Distinguished from Other Similar Contracts
i. from donation
ii. from barter
iii. from dacion en pago
a. Spouses Pen vs. Spouses Julian, G.R. No. 160408, January 11, 2016
iv. from contract for a piece of work
a. Engineering & Machinery Corporation vs. Court of Appeals, G.R. No. 52267,
January 24, 1996
b. Commissioner of Internal Revenue vs. Court of Appeals, G.R. No. 115349, April
18, 1997
v. from agency to sell or to buy
vi. from lease
* While the syllabus was patterned to [Villanueva and Villanueva-Tiansay (2016), The Law on Sales], students are
free to use any available reference.
B. Minors, Insane or Demented Persons, and Deaf-Mutes
i. necessaries
ii. senility and serious illness
a. Almeda vs. Heirs of Ponciano Almeda, G.R. No. 194189, September 14, 2017
b. Domingo vs. Court of Appeals, G.R. No. 127540, October 17, 2001
C. Sale By and Between Spouses
i. sales with third persons
ii. sales between spouses
iii. applicability of incapacity to common law spouses
a. Ching vs. Goyanko, G.R. No. 165879, November 10, 2006
b. Cruz vs. Court of Appeals, G.R. No. 120122, November 6, 1997
c. Calimlim-Canulas vs. Fortun, G.R. No. 57499, June 22, 1984
D. Specific Incapacity Mandated by Law
i. legal status of contracts entered into in violation of Articles 1491 and 1492
ii. agents
iii. guardians, administrators and executors
a. Philippine Trust Company vs. Roldan, G.R. No. L-8477, May 31, 1956
iv. judges, justices and those involved in the administration of justice
a. Sabidong vs. Solas, A.M. No. P-01-1448, June 25, 2013
b. Macariola vs. Asuncion, Adm. Case No. 133-J, May 31, 1982
v. attorneys
a. The Conjugal Partnership of Spouses Cadevedo vs. Lacaya, G.R. No. 173188,
January 15, 2014