CASE Analysis 1

Case 1: G.R. No. L-41847 December 12, 1986

CATALINO LEABRES vs. COURT OF APPEALS and MANOTOK REALTY, INC.
http://www.lawphil.net/judjuris/juri1986/dec1986/gr_41847_1986.html

Discussion Questions

(1) What are the essential elements of contract of sale? Discuss each
element.
(2) Is an acknowledgment receipt can be regarded as a contract of sale or
promise to sell? Explain with legal basis.
(3) What is the evidentiary value of an acknowledgment receipt?

Case 2: G.R. No. 134219. June 08, 2005

SPOUSES MARIO AND ELIZABETH TORCUATOR vs. SPOUSES REMEGIO AND
GLORIA BERNABE and SPOUSES DIOSDADO and LOURDES SALVADOR
http://sc.judiciary.gov.ph/jurisprudence/2005/jun2005/134219.htm

Discussion Questions
(1) Give the distinction between contract of sale and contract to sell.
(2) In the instant case, was there a valid contract of sale? Explain.
(3) What is the evidentiary value of the Special Power of Attorney executed
in favor of the petitioners by the Salvadors?

Case 3: G.R. No. 71122 March 25, 1988

COMMISSIONER OF INTERNAL REVENUE vs. ARNOLDUS CARPENTRY SHOP,
INC. and COURT OF TAX APPEAL
http://www.lawphil.net/judjuris/juri1988/mar1988/gr_71122_1988.html

Discussion Questions:
(1) Distinguish contract for a piece of work and a contract of sale.
(2) The true test of whether or not the contract is a piece of work or a
contract of sale is the mere existence of the product at the time of the
perfection of the contract such that if the thing already exists, the
contract is of sale, if not, it is work. Agree or Disagree? Expound and cite
the legal provisions in the Civil Code to support your answer.

Case 4: G.R. No. L-69259 January 26, 1988

DELPHER TRADES CORPORATION, and DELPHIN PACHECO vs. INTERMEDIATE
APPELLATE COURT and HYDRO PIPES PHILIPPINES, INC.
http://www.lawphil.net/judjuris/juri1988/jan1988/gr_l_69259_1988.html

Discussion Questions:
(1) Was there a contract of sale? Explain.
(2) What is the nature of the Deed of Exchange entered into by the
Petitioners?
(3) Describe the nature of stock subscription?
(4) Do you agree with the decision? Why?

Case 5: G. R. No. 130972. January 23, 2002

PHILIPPINE LAWIN BUS, CO., MASTER TOURS & TRAVEL CORP., MARCIANO
TAN, ISIDRO TAN, ESTEBAN TAN and HENRY TAN vs. COURT OF APPEALS and
ADVANCE CAPITAL CORPORATION
http://sc.judiciary.gov.ph/jurisprudence/2002/jan2002/130972.htm

Discussion Questions:

(1) What is dacion en pago? Describe its nature and purpose?

(2) Distinguish dacion en pago from contract of sale.
(3) Were the receipts executed by respondents representative as proof of an
agreement of the parties to deliver the buses to private respondent,
sufficient proof of a contract of sale? Explain.

Case 6: G.R. No. 125531. February 12, 1997

JOVAN LAND vs. COURT OF APPEALS and EUGENIO QUESADA, INC.
http://sc.judiciary.gov.ph/jurisprudence/1997/feb1997/125531.htm

Discussion Questions:

(1) Was there a contract of sale? What is the status of the contract?
(2) Was there an implied acceptance? What constitute a complete and
absolute acceptance of an offer?
(3) What are the stages of a contract of sale? Discuss briefly each stage. At
what stage do you think is the instant case?
Case 7: G.R. No. 126376, November 2003
Spouses Buenaventura v. Court of Appeals
http://sc.judiciary.gov.ph/jurisprudence/2003/nov2003/126376.htm

Discussion Questions:
(1) Can parents validly sell their properties to their children? Explain.
(2) Discuss the effects of non-payment of the price and lack of consideration
in relation to a contract of sale.
(3) Discuss the effects of gross inadequacy of price in a contract of sale.