Case no 4 Delpher case

1. No, there was no contract of sale.There was no transfer of actual

ownership interests by the Pachecos to a third party. The Pacheco
family merely changed their ownership from one form to another. The
ownership remained in the same hands. Hence, the private respondent
has no basis for its claim of a light of first refusal under the lease
contract.
2. The nature of the exchange is that of a barter because one thing was
given in consideration of another thing. In the case at bar, in exchange for
their properties, the Pachecos acquired 2,500 original unissued no par value
shares of stocks of the Delpher Trades Corporation. There was no sale,
instead, they exchanged the land for shares of stocks in their own
corporation. In effect, the Delpher Trades Corporation is a business conduit of
the Pachecos.
3. The nature of a stock subcription is an agreement to take and pay for
original unissued shares of a corporation, formed or to be formed. After
incorporation, one becomes a stockholder of a corporation by subscription or
by purchasing stock directly from the corporation or from individual owners
thereof.
4. Yes I agree with the majority decision. The essential characteristic of a
contract of sale is absent in the case at bar which is the transfer of ownership
and the delivery of the determinate thing.
Case no. 5
1. Dacion en pago is the delivery and transmission of ownership of a thing by
the debtor to the creditor as an accepted equivalent of the
performance of the obligation. It extinguishes the obligation to the extent of
the value of the thing delivered, either as agreed upon by the parties or as
may be proved, unless the parties by agreement, express or implied, or by
their silence, consider the thing as equivalent to the obligation, in which case
the obligation is totally extinguished. It It partakes the nature of sale as the
creditor is really buying the thing or property of the debtor, the payment for
which is to be charged against the debtors debt.

2.
o In dacion, there is a pre-existing credit. In sale there is none.

In dacion: obligation is extinguished. In sale, it gives rise to obligations.

o In dacion, there is less freedom in determining the price. In Sale, there is

greater freedom as to price determination.
o In dacion, partial or complete fulfillment may be had by the giving of the
object. In sale, the giving of the price may generally end the obligation of the
buyer.
3.No. The receipts show that the two buses were delivered to respondent in
order that it would take custody for the purpose of selling the same. The
receipts themselves in fact show that petitioners deemed respondent as
their agent in the sale of the two vehicles whereby the proceeds thereof

would be applied in payment of petitioners indebtedness to respondent. Such

an agreement negates transfer of absolute ownership over the property
to respondent, which is an essential element for a contract of sale.
Case no. 6
1. No, there was no contract of sale. It is merely a memorandum of the
receipt by Conrado Quesada of the Joseph Sy`s offer. The requisites of
a valid contract of sale are lacking in said receipt and therefore the
"sale" is neither valid nor enforceable.
2. No,there was no implied acceptance.A complete and absolute
acceptance of an offer is one that does not qualify the terms of the
offer; it must be plain, unequivocal, unconditional and without variance
of any sort from the proposal.
3. Stages of a contract of sale:
(1) negotiation, covering the period from the time the prospective
contracting parties indicate interest in the contract to the time the
contract is perfected;
(2) perfection, which takes place upon the concurrence of the essential
elements of the sale which are the meeting of the minds of the parties as
to the object of the contract and upon the price; and
(3) consummation, which begins when the parties perform their respective
undertakings under the contract of sale, culminating in the
extinguishment thereof.
In the case at bar, the contract is still in the negotiation stage because
there was no concurrence of the essential elements of a contract of sale. The
offer of petitioner was rejected by respondent thrice. There was no written or
documentary evidence to show that the offer was accepted.
Case no 7
1. Yes. While still living, parents are free to dispose of their properties. As
stated in Art. 712 of the New Civil Code, Ownership and other real
rights over property may be acquired and transmitted by tradition.
Hence, parents may sell their properties to their children.
2. Failure to pay the consideration results in a right to demand the
fulfillment or cancellation of the obligation under an existing valid
contract while lack of consideration prevents the existence of a valid
contract
3. Gross inadequacy of price by itself will not result in a void contract.
Gross inadequacy of price does not even affect the validity of a
contract of sale, unless it signifies a defect in the consent or that the
parties actually intended a donation or some other contrac