ownership of and deliver a determinate thinis

Law on sales transfer

Elements
·
Essential elements Consent , Object cause,

Natural
already exist not stipulated (warranties)
·

and
·

AccidentalStipulation of the parties

Characteristics
~
consensual/perfection moment they obligate
/Bilateral -

both parties are bound by reciprocal obligation

~ commutative -

equal prestation
~
principal-independent
~ onerous -
valuable consideration

nominate

~ aleatory -
no equivalence /sale of hope)
FORM may be in writing ,
word of mouth
, or
partly both

XPU :
① law requires a document/special form

② statutes of Fraud in
writing to be enforceable
~ Real property
↓ sale more than 500php .

③ sale of land through an Agent

~ not in writing VOID

-

~
orally enforceable
-

~ public/private instrument - Valid

Absolute sale-no condition , ownership transfers upon delivery

:Fullpaymenta
ex
conditional sale-contemplates a
contingency
Rules to determine Sales/Barter :

Priority 1 : Intention sale-money thing

-
Priority 2 :
unclear intention
& barter-money >thing
* contract of sale thing & Delivery
* contract service
of piece of work
Essential Elements
① consent

vendor/seller/creditor has the right to transfer the ownership of the

thing (at delivery)
Vendee /Buyer/Debtor legally capacitated to enter into contract

Absolute Incapacity VOID ; valid if necessaries

Relative Incapacity- prohibited

From some specific transactions
① Husband and wife expe : separation was agreed
② guardian to guardship
③ Agents to principal unless consente
# Executors estate
⑤ Public officials

② object -

subject matter maybe things/rights

Requisites :

~ licit/ within commerce of men

-vendor must have right to deliver/transfer Ownership

determinate distinctive attribute be segregated to same class.
thing must be >
- can
~

~ must exist ; potential existence (Future goods)

·

Emptio Rei Sperate

-

Future thing must come into existence

·

Emptio Spei-sale of hope ,

even does not come into existance
·
vain hope-void
~ undivided share of interest -
co-ownership

/resolutory condition

~ Fungible goods (interchangeable goods

mass is more than the quantity sold-co-owners

mass is less than the quantity sold-buyer becomes the owner seller
,
must

make deficiency from goods

.

# option money -

not always monetary can be other things

③ cause-price is the sum stipulated
-

prestation/promise to be performed

delivery and payment

-

Rules on Price :

~ certain

~ Failure to
pay
= cancelation and Fulfillment

~ lack of consideration =
non-existent

~ gross inadequacy of price does not affect contract

~ stimulated price = VOID

, unless
: Shown as donation

~ Determination left to special persons

unable/unwilling to
Fix no contract of sale
·
-

acted in bad Faith courts may fix the price

-

· Fixing of price-party not at Fault

prevented from have remedies
 option money earnest money
distinct consideration for an option ~ Forms part of the purchase price
contract ~ given only when there is a sale

↓ applies to resale not yet perfected /buyer is bound to pay balance

is not
~ prospective buyer required to ~ if sale did not materialize it , must be

returned.
buy
~ if buyer decides not to it cannot title passes to the buyer upon delivery
buy ,

be recovered of the thing sold

reserved to the seller effects on non-performance :

/ownership is and ~
~ specific performance
is not to pass until full payment ~
Rescission

~ effects on non-performance :

specific performance

Perfection of a contract of sale

~ perfected by mere consent

Transfer of ownership -

GR : after delivery (actual/constructive

XPN :
parties agreed to Fullpayment First.

Sale Auction-Fall of hammer/customary

rights of parties before perfection :
O bidder may retract bid

② withdraw goods

GR: Seller has no right to bid

XPh : D right is expressly reserved

② notice given bidders
right to bid
to
,
And

③ not prohibited by law/stipulation

rescinded if contradicting to description/sample
# sale of goods by sample/description
-

* sale of goods by sample and description reasonable opportunity of comparing

* no specificForm required to perfect sale

XPT :
O performed 1 year
② personal property worth 500 or more inwriting oseeable
③ Real property
OBLIGATIONS OF
VENDOR/ Seller/creditor
⑦ Take care of the
thing prior to delivery
Resperit domino-GR :
thing perishes with the owner

XPN : @ Stipulated
③ security title

① delay
without any effect
/entirely loss contract will be

~ loss in part

~ withdrawal

~ demand remaining part buyerse

~ goods without the knowledge of the seller have perished whole/part and changed
in character

/Avoided

↓ For
valid existing goods

Ownership passes to the buyer :

1 signifies his approval

2 retaines the goods without notice of rejection

and incidents ,
2 obligation to pay taxes unless agreed
3 Warrant the thing
4 transfer ownership

GR : buyer acquires no better title than the seller

XPU : buyer acquires good title , even if seller is not the owner.

~ seller is authorized by the owner-agent

~ Juridical authority
~ estopellin pais
by deed
conduct/representation
-

after the sale

~ apparent owner

↓ From a merchant store

5 deliver the determinate thing/specific thing including Fruits the delivery arises and

accessions and accessories

kinds of delivery/tradition
1 Actual delivery -

physical
2 constructive/legal
Public instrument
/legal Formalities made through
-

/traditio simbolica (symbolic) use of symbols -

sold
~ traditio longa mann-pointing of
the thing

/Brevi manu-buyer remains the possession

↓ constitutum possessorium-seller retains the possession

3 Delivery of Common Carrier Yon : Ownership/possession is reserved by seller

⑤ Bill of exchange
 Stipulation
* time of delivery-reasonable time

* place of delivery stipulationaade

↓ seller's placeofbosas a
Pure obligation-buyer did not pay
* seller not bound to deliver until demandable

delivered
Quantity to be

personal property Real Estate

less than quantity agreed less than stated in the contract

a
reject the goods ⑨ ask specific performance and demand

b Accept the goods delivery of the rest

.

↓ with knowledge : Full price b ask For proportionate reduction of

/without knowledge : Fair value the price

C Rescind sale if lack area is at least
More than quantity agreed
⑨ accept the goods, reject the rest 1/10

b accept the whole and pay at contract more than stated in contract
rate stated
⑨ accept the area , reject the rest

c reject the whole if indivisible ↓ accept the whole pay For contract rate

mixed Area is the same but a part of immovable

a accept goods , reject the rest is not the quality specified
b reject the whole if indivisible a proportionate reduction of priceahe doesno
⑥ rescind -
exceeds 1/10

Rights of unpaid seller

possesory lien

right to retain the goods/withhold delivery of goods

grounds
:

-sold w/o stipulation

/ sold on credit has expired

/buyer is in solvent

to Transit
Stoppage
unpaid seller to resume possession of the
goods while in transit
requisites
/seller parted with the possession of the
goods
↓ in transit

~
buyer is insolvent

How : O by obtaining actual possession of the goods

② notice of claim to the carrier

in transit
effects of stoppage
① goods no longer in transit

2 contract of carriage ceases

③ carrier must redeliver the goods

 Resale
grounds
① perishable goods
to sell
② seller reserved the rights
③ buyer has been default

Requisite
① buyer has defauted payment
② right of lien (s)
③ title of goods passes to buyer
④ Resell in public/private sale

less price seller get the

deficiency
more price seller retains profit

* Failure to give notice does not affect validity

~ 2/ more buyers
Double Sale/valid
↑ same Object
↓ the same seller

movable property-First possessor "

poture temporale ,

property-firstregistranthe
potion in Jure"
immovable First in time,
I
Oldest title stronger in right

conditions and warranties

if not met
·

refuse to proceed
·
waive the performance
breach of warranty ,
ask for damages

:
kinds
/express
-
promise by seller
~
Impliedagainst eviction
requisites
I . Vendee deprived in whole/ part
2 .
Finan Judgement
3 .
Vendor summoned at suit
4.
Judgement based on right prior to sale

act imputable to seller

Extent of liabability
Bad Faith =
value/In20me/cost/ Expenses/Damages = VICED

waiver viced
good Faith
=
>
- - no

WI waiver-conciente-buyer not aware value only

incidente buyer aware -
no
liability
Remedies of Vendee in case of partial eviction
e cancellation
& Rescission of contract
② Enforcement of the vendor's liability For eviction
>
- Hidden defects >
- render unfit for its intended use
requisite
-must existhidden
~must render thing unfitF or intended use
↓ action to enforce

GR : vendor shall be liable to the vendee for any hidden defects

XPM : Stipulation
 1. Fitness
For a particular purpose
.
2 merchantable quality
FitFor general purpose
.
3
mer chantability
Accion Redhibitoria withdraw/recision
remedies of vendee in case of breach Accion Quana minoris proportionate reduction of price
Price
expenses
loss due to defect seller liable For Interest-good Faith
damages bad Faith
loss of
thing w/hidden defects Fortuitous/Vendee's Fault price-value + damages -
if seller is aware

Redhibitory defects on animals

is liable if Ignorant & Bad Faith
·
Veterinarian
eviction animals sold public Auction
no
warranty against on at

void : animals w contagiousdeseasa re unfit For it

· Same with
Remedies Hidden defects .

40 days

apparent encumbrance/easement) servitude

in
↓ not mentioned agreement
arises when not recorded in registry of deeds
Remedies- within 1
year
·
F rom execution
Rescission
·

damages
-
From discovery

Obligations of Vendee/buyer/debtor
time and place stipulated
① pay the price & time and place of delivery
interest From delivery and payment date
1 Stipulated
.
2 thing produce Fruit/income
.
3 default

2
accept delivery not bound to accept installments unless agreed
buyer notify Seller breach of warranty seller liable
X on : 1. agreed otherwise
.
2 buyer did not notify
Right to examine buyer can examine
XPh : 1 . an
agreement
2 . Stipulation

Vendor can rescind movable property

Buyer did not receive
·

appeared but did not tendered payment

deemed Accepted
to seller
·

Buyer intimates
·
acts consistent as an owner
Buyer
lapse of time , Buyer retains the thing
Extinguishment of sale

conventional redemption
~ right to repurchase Purchase price
amount to be paid at repurchase exenses/legitimate payments
necessary expenses

↓
ownership transfers to the vendee-a-retro upon delivery

redemption the Fruits

~ Fruits present at sales and pay the
Fruits at
sale/prorate at redemption

no Fruits at sale some at redemption

,
Fruits are prorated

Equitable mortgage only if :

·
price inadequate purchases retains part of price
·

·
vendor retains possession Vendor pays the tax .

·
expiration is extended
. Other cases : intention near Vendor
real or a
Judicial
no redemption
period to repurchase - statedbut maxloyears personal operation of law

vendors right : 1 )
.
can still repurchase even if resold and not mentioned

2) vendee subrogated rights of vendor

3) creditors cannot meddle w/ the sale of vendor
.

multiple parties

/undivided immovable whole : whole

their share
Several persons jointly seller may redeem
in the same
contract buyers can compel entire share
cannot be compelled in partial redemption .
~ co-owners sold separately
exercise individual rights
cannot be compelled to redeem whole thing
.

Legal Redemption
1) Co- owners movable/ immovable
amount paid
to be purchase unless excessive
multiple redemptioner de so in respecture share

2) Adjoining land owners in case

of land
.
of transfer
Rural land requisites :
1) rural land
I nectare
2) not exceed
3) Redemptioner owner of adjoining land
4) lands not separated
5 ) Buyer owns a rural land
.

multiple redemptioners prefer those with smaller land

the one First

who requested

land
urban land requisites : 1) Urban
.)
2 area so small , situated into non usable place
3) exercised
by adjoining land owner
land owners sale not yet perfected
pre-emption adjoining ,

redemption sale already perfected

multiple redemptioner best use is .

preferred
Labor law applies to all establishment's
employees wether profit/not government emp
XPh: managerial/ offices of manager
Field personnel
(non-agricultural (
normal hours of work 8 hours personal service/domestic helpers
workers paid by result
rest
period of short duration is
working hours members of
Family of the employer
meal periods
not less than 60 mins time-off
population TM/100 bed capacity 8hrs-5day
Health personnel exept 48 hours + 30%
For
exigencies a days or a week = on 6th day
.

night shift differential work between 1OPM-GAM Whether or not part of regular hours

+ 10% For every hour of work done

·
under time cannot be offset to

regular 25%
overtime pay working day of cash over time

wage emergency work over time

day / Holiday 30%
·

rest
only > paid additional
- compensation
at
war natlocalemergen
,a
1
,
compressed work week allowable if employees
proposed it and :
1 .

Voluntary .
2
necessary to prevent loss and
.
2 diminution of
no
Pay Fringe Benefits
and 3 .
urgent work
. value of benefits
3 =
more than / at least
their
.
4
completion/continuation of work
pay needed to be From
Finished
4. one hour of pay due & payable if regular 8 hours .

demanded to work on the compressed week

5 work not
.

strenous/ enough rest period

a
temporary

weekly rest
day not less than 24hrs after 6 consecutive days
by employer but respectreligious reasons

30% of
Rest day regular wage
30%
if no
regular weekdays/rest day on sundays and holidays
Special holiday 30 %

50 %
Rest day + Special
holiday
not entitle if :
- 1. absent who pay prior day
Regular double (10 + 12) .
2 absent on successive holidays

Holiday Pay compensable unworked is prior rest day then holiday

3 absentwopay
even
, First holiday entitled 2nd ·
on
special 30%
non-compensable if unworked holiday only

regular Holiday no pay

< Faculty members
special does not earn what she should earn

but paid if class are called off during calamities

13th month = 12 of salaries

during the year
pay
payment-not later than Dec 24
.

entitlement -
rank and file atleast 1 month work

Form Xmas bonus midyear not less "2

,

not valid substitutes free rice/electricity cash

stock dividends/cost of issuing allowances

Leaves
Service incentive leave Vacation and Sick leave
mandatory 5 days leave if
voluntary
·

rendered Service atleast 1 year

with pay
.
expt : I already benefited may be waived
2: vacation leave w/ pay

.
3 establishment not commutable to cash
less than 10 employees

Full time and parttime

commutable to cash
XPU : domestic helpers
Kasambahay law
not waivable

after labor
& enjoyed later not than 60
days
paternity leave days with7
Full payFor the First 4 deliveries (includes misscariage)
notify employer of pregnancy

expected delivery of legitimate sponce

if not availed , not cashed

solo parent leave I

days with pay rendered 1 year not cummulative

VAWC (violated women/ children) victims leave 10 days with

pay
+ other paid leaves

cover the
days to attend medical/legal
concerns
>
- if not availed , not cummulative/not cashable

special leave for women rendered at least G months For the

last 12 monts continuous
,

if sy member 105days 15 days go

days no pay
Fullpay (Sol0) (Optional)
+ Go
days with pay (miscarriage)
Public sector

maternity leave private sector

informal economy
voluntary contributors to the SSS
national athletes

Full
child birth 105
days with pay
solo parent additional 15 days
30 days
to extend without pay
miscarriage 60 days Full pay
with
 SGS law the social Security Commission
employees not over 60 yes old
compulsory coverage voluntary coverage Full time sponce
their employees

separation employment employer Obliged

·

from ceases to be to the end

pay
From
of month of separation ,

but is credited from past contributors

existing benefits not affected in

·

any way
If SSS integrated to private plan pay SS the required amount and deduct it to the
payment of private plan
self employed 1 professionals
↓ .
2 partners and single proprietor
not required 3. Actors and media (not employed)
to pay
4
. Athletes
.
5
Farmers and Fishermen
OFW 1 .
landbase and seabased OFW not over Goylo
2.
manning agencies employees of seabased OFW
solidarily liable
3 .
termination OFW will voluntarily continue pay
4
. migrants , immigrants ,
naturalized

Pension (monthly) highest of the Following

minimum
#300 20% credit + 2% AMSC per year 10
pension if a + average monthly salary excess yrs.
locreditedyrs
of service
b. .
40 % AMSC
1 ,200 Ph C .
1, 000
·

20 credited
Y is of service
* additional 1000 after Janzo17 (retirement/death/disability)
2400 php liability and
* other additional after Feb 2017 subject to Fund
stainability
Dependent's Pension (death/permanent disability)
10 % of monthly pension/250-higher
>
- to 5 children also , no substitution legitimate preferred over illegitimate child

Deth benefits
paid at least 36 prior to semester
1. monthly of death
entitles primary beneficiaries and dependents
if no primary -
secondary (higher) times
↓ O lump sum X monthly contributed
36X monthly ② 12X monthly pension
pension
if not 36-
Retirement
requisites :

① paid atleast 20 months before retirement prior semester

② old separated/cease to be employed

60 yes

S
25 Yes old he could've retired
earliest time
↓ higher actually retired

option to advance lump sum the First 18 monthly pensions discounted at preferential
rate by SSS

if not entitled but Go yes old at retirement

lump sum of total contributions
separated and not continuing SSS payment

Reemployment
suspendsmonthlypension and continea is

Death beneficiaries are entitled to pension

if no primary beneficiaries
death within 60 months
- secondary benefit= lump sum of
From start of monthly 5 years
pension

Permanent disability -> same as Death benefits

except : the disabled and makakatanggap
not the beneficiaries

reemployment not earlier than 1 year from permanent disability

Compulsory charge as new member

suspension of monthly pension and dependent's benefit

① reemployment
② recover from disability
⑨ Fail to present himself atleast once/year
upon notice by SSS

Death of disabled entitles beneficiaries to monthly pension

if no
primary = same as retirement.
 total blindness
permanent disability
loss 2 limbs of ankle/unst
other
approved paralysis of 2 limbs

Brain Injury (insanity)

permanent partial
-
before 36 lump sum
after 36 monthly monthly pension
Contri is paid

Disability Pension ceases upon retirement/death

Funeral benefit-12 ,
000 php
sickness benefit
2 atleast 3 monthly contribution , confined 8 days
ADSC X 90% X no of days confined
=

not longer than 120 dI ayS

not longer than 240 if same confinement