Heirs of San Andres vs Rodriguez 135634 (Article 1460) Facts:

Juan San Andres sold a portion of his property to Rodriguez as evidenced by a Deed of Sale. Upon his
death Ramon San Andres was appointed as administrator of the property. He hired a land surveyor and
found that Rodriguez enlarged the property he bought from late Juan. Ramon demanded form the
Rodriguez to vacate the portion allegedly occupied but the latter refused hence the present action.

Rodriguez said that the excess portion was also sold to him by late Juan the following day after the first
sale. He argued that the full payment of the whole sold lot would be effected within five years from the
execution of the formal deed of sale after a survey of the property is conducted, as evidenced by a
receipt of sale. The balance of the purchase price was consigned.

RTC ruled in favor of petitioner while CA reversed the ruling. In SC petitioner argued that there is no
certain object of the contract of sale as the lot was not described with sufficiency that there should be
another contract to finally ascertain the identity.

Issue:

W/N there is a contract to sell.

W/N the property subject of the sale was not described with sufficient certainty.

W/N the contract is absolute or conditional.

Held:

Yes. Art. 1458 of the Civil Code provides: 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 therefor a
price certain in money or its equivalent. A contract of sale may be absolute or conditional.

As thus defined, the essential elements of sale are the following: 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.

As shown in the receipt, dated September 29, 1964, the late Juan San Andres received P500.00 from
respondent as "advance payment for the residential lot adjoining his previously paid lot on three sides
excepting on the frontage; the agreed purchase price was P15.00 per square meter; and the full amount
of the purchase price was to be based on the results of a survey and would be due and payable in five
(5) years from the execution of a deed of sale.

As to the contention that the property was not described with sufficient certainty, there is no dispute
that Rodriguez purchased a portion of Lot 1914-B consisting of 345 square meters. The said portion is
located at the middle of the lot. Since the lot subsequently sold is said to adjoined the previously paid
lot, the subject is capable of being determined without the need of another contract. Art. 1460 of the
Civil Code provides that 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 and further
agreement between the parties.

The contract is absolute. It is evident in the stipulation in the receipt that the vendor late Juan sold the
lot to Rodriguez and undertook the transfer of ownership without any qualification, reservation or
condition. There is no reservation of ownership nor stipulation providing for a unilateral rescission by
either party. In fact, the sale was consummated upon the delivery of the lot to Rodriguez. Art.1477
provides that the ownership of the thing sold shall be transferred to the vendee upon the actual or
constructive deliver thereof.

The stipulation that the payment of the full consideration based on a survey shall be due and payable in
5

years from the execution of the formal deed of sale is not a condition which affects the efficacy of
contract.