For reporting: Monica Ramos

Sales
a. Art. 1475
The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and
upon the price.
From that moment, the parties may reciprocally demand performance,
subject to the provisions of the law governing the form of contracts.

 Gabelo: ^ Non-compliance of actual delivery of subject matter or payment of price DO NOT INVALIDATE a sale that has began to exist as
a valid contract at the time of perfection. It is only a legal basis for SPECIFIC PERFOMANCE or RESCISSION with damages

b. Gomez vs. CA
Gomez: argues it is a contract of sale Register of Deeds

Office of City Mayor issued Resolution which effectively set guidelines for the award of city home lots. Luisa (Hubby Daniel) was one of those
awarded with lot.

Certificate of award was granted, and Luisa paid purchase price. Luisa paid full and installment, hence paid in excess.

The committee involved in this ordered the cancellation of the lot awards of Daniel Gomez and declaring the forfeiture of payments made

MR: Dismissed

Daniel died, children american citizen hence donated it to PET – MR

RTC: reversed committee decision
CA: reversed RTC
WON upon full payment of the purchase price of the lot in January 1980, Luisa Gomez, actual awardee, already acquired a vested right over
the real property subject of the present controversy?
NO. It was a contract to sell, not of sale.
Did not comply with the conditions, hence

Contract of Sale Contract to Sell

title passes to the vendee upon the delivery of the thing sold ownership is reserved in the vendor and is not to pass until the full
payment of the price

vendor has lost and cannot recover ownership until and unless the title is retained by the vendor until the full payment of the purchase
contract is resolved or rescinded price, such payment being a positive suspensive condition and failure
of which is not a breach but an event that prevents the obligation of the
vendor to convey title from being effective

a deed of sale is considered absolute in nature where there is neither a stipulation in the deed that title to the property sold is reserved in the
seller until the full payment of the price nor one giving the vendor the right to unilaterally resolve the contract the moment the buyer fails to pay
within a fixed period
A contract of sale may either be
absolute or conditional.

One form of conditional sales is what is now popularly termed as a "Contract to Sell", where ownership or title is retained until the fulfillment of a
positive suspensive condition normally the payment of the purchase price in the manner agreed upon
* we see no hindrance that prohibits the parties from stipulating other lawful conditions, aside from full payment of the purchase price

Contracts, in general, are perfected by mere consent, which is manifested by the meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract.
*The offer must be certain and the acceptance absolute
In the instant case, we uphold the Contract to Sell, which explicitly provides for additional terms and conditions upon which the lot awardees
are bound.

Resolution 16-A provides:

"a) Occupancy — The applicant must be the legal and actual or physical occupant of the lot in question at the time of its acquisition by the City.
b) Non-ownership of land — The applicant and/or his spouse, if he is married, must not be an owner of any parcel of land in Manila
c) Capacity to pay — The applicant must have such financial means and/or support as will enable him to make regular payments of amortizations
records would indubitably show that Luisa Gomez, including her heirs and successors-in-interest, have performed acts that constitute gross.
- lot was actually occupied and leased by a certain Erlinda Perez and Mignony Lorghas
*Contract to sell + other terms = Conditional Contract of Sale*

c. Gabelo vs. CA
Gabelo Maglente, Berja, Ferrer, Phil. Realty Corp.

Philippine Realty Corporation, owner of a parcel of land entered into a Contract of Lease with RESP Maglente with stipulation: LESSOR shall have the
right to sell any part of the entire leased land but
(1) LESSEE be notified 60 days in advance
(2) LESSEE be given 1st priority to buy
LESSEE may not transfer leased land

PRC offered to sell it to Maglente

Maglente (and co-buyers) manifesting an intention to exercise her right of first priority for 1.2M paid downpayment

Then, (GABELO group who are tenants of Maglente), expressing their desire to purchase the portions of subject property

RTC: Maglente rightful party to purchase land

CA: Affirmed RTC

WON actual occupants have the right of first priority to purchase the same? NO. Contract of sale made between Maglente and PRC

Contract of sale having been perfected, the parties thereto are already bound thereby and petitioners can no longer assert their right to buy.

Is it perfected? YES
contract of sale is perfected the moment there is a meeting of the minds of the contracting parties upon the thing which is the object of the contract and
upon the price.
From the time a party accepts the other party's offer to sell within the stipulated period without qualification, a contract of sale is deemed perfected.
In the case under consideration, the contract of sale was already perfected
(1) PRC offered the subject lot for sale to respondent Maglente and her group through its Junior Trust and Property Officers. (also price agreed upon)
(2)Respondent Maglente and her group accepted such offer through a letter addressed to the Roman Catholic Archbishop of Manila, dated February 2,
1988, manifesting their intention to purchase the property as provided for under the lease contract.
Thus, there was already an offer and acceptance giving rise to a valid contract. As a matter of fact, respondents have already completed payment of
their downpayment of P100,000.00