Ali Akang Vs - Municipality of Isulan, Sultan Kudarat Province G.R. No. 186014 June 26, 2013 Facts: Issue
Ali Akang Vs - Municipality of Isulan, Sultan Kudarat Province G.R. No. 186014 June 26, 2013 Facts: Issue
Ali Akang Vs - Municipality of Isulan, Sultan Kudarat Province G.R. No. 186014 June 26, 2013 Facts: Issue
MUNICIPALITY OF
ISULAN, SULTAN KUDARAT PROVINCE
G.R. No. 186014
FACTS:
ISSUE:
HELD:
The Deed of Sale is a Valid Contract
of Sale.
By the contract of sale, one of the
contracting parties obligates himself to
transfer the ownership of and to deliver a
determinate thing, and the other to pay
therefore a price certain in money or its
equivalent.The elements of a contract of
sale are: (a) consent or meeting of the
minds, that is, consent to transfer ownership
in exchange for the price; (b) determinate
subject matter; and (c) price certain in
money or its equivalent.
A contract to sell, on the other hand,
is a bilateral contract whereby the
prospective seller, while expressly reserving
the ownership of the subject property
despite delivery thereof to the prospective
buyer, binds himself to sell the said property
exclusively to the prospective buyer upon
fulfillment of the condition agreed upon, that
is, full payment of the purchase price.
In a contract of sale, the title to the
property passes to the buyer upon the
delivery of the thing sold, whereas in a
contract to sell, the ownership is, by
agreement, retained by the seller and is not
to pass to the vendee until full payment of
the purchase price.