R.

Castillo Digest

G.R. No. 108169

August 25, 1999

SPOUSES VENANCIO DAVID and PATRICIA MIRANDA DAVID and FLORENCIA

VENTURA VDA. DE BASCO, petitioners,
vs.
ALEJANDRO and GUADALUPE TIONGSON, respondents.

Facts
Spouses Tiongson sold residential landto the plaintiffs
The parties agreed that as soon as the plaintiffs fully paid the purchase
price, the Spouses will execute deed of absolute sale and issue a
certificate of title in favor of them. Spouses Tiongson failed to do so.
They averred that the plaintiffs are not yet fully paid

Issue
whether there was an agreed purchase price agreed by the plaintiffs and the
Tiongsons,

Held
there was indeed an agreed purchase price but it was unknown
the sellers could not render invalid a perfected contract of sale by
merely contradicting the buyers allegation regarding the price

Article 1460 provides the following:

Art. 1460. A thing is determinate when it is particularly designated or
physical segregated from all others of the same class. The requisite that a
thing be determinate is satisfied if at the time the contract is entered into,
the thing is capable of being made determinate without the necessity of a
new or further agreement between the parties.
Also, Article 1469 further provides that in order that the price may be
considered certain, it shall be sufficient that it be so with reference to
another thing certain, or that the determination thereof be left to the

judgment of a special person or persons. Should such person or

persons be unable or unwilling to fix it, the contract shall be
inefficacious, unless the parties subsequently agree upon the price. If
the third person or persons acted in bad faith or by mistake, the courts
may fix the price. Where such third person or persons are prevented
from fixing the price or terms by fault of the seller or the buyer, the
party not in fault may have such remedies against the party in fault as
are allowed the seller or the buyer, as the case may be.