HEIRS HEIRS OF JUAN SAN ANDRES ANDRES (VICTOR (VICTOR S. ZIGA) ZIGA) and SALV SALVACION S. TRIA, TRIA, petitio petitione!, ne!, "!. VICENTE RODRIGUEZ, e!pondent. G.R. No. 135634
May 31, 2000
Facts: Juan andres was the owner of the ot s!tuated !n !"oton, na#a c!ty. $he sae was e%!denced "y a deed of sae. &'on the death of (uan andres, ra)on san andres was a''o!nted as ad)!n!strator of the estate, and h!red #eodet!c #eodet!c en#!neer. Jose 'anero 're'ared a conso!dated 'an of of the estate and aso 're'ared a s*etch 'an of the ot sod to res'ondent. +t was found out that res'ondent had enar#ed the area wh!ch he 'urchased fro) (uan. $he ad)!n!strator sent a etter to the res'o!ndent to %acate the sa!d 'ort!on !n wh!ch the atter refused to do. Res'ondent ae#ed that a'art fro) the or!#!na ot, wh!ch had "een sod to h!), the atter !*ew!se sod to h!) the foow!n# day the re)a!n!n# 'ort!on of the ot. e ae#ed that the 'ay)ent for such woud "e affected !n 5 years fro) the eecut!on of the for)a deed of sae after a sur%ey !s conducted. e aso ae#ed that under the consent of (uan, he too* 'ossess!on of the sa)e and !ntroduced !)'ro%e)ents thereon. Res'on Res'onden dentt de'os! de'os!ted ted !n court court the "aanc "aance e of the 'urcha 'urchase se 'r!ce 'r!ce a)ount a)ount!n# !n# to -,035 -,035.00 .00 for the aforesa!d 50/suare )eter ot. n e'te)"er 20, 1//4, the tr!a court rendered (ud#)ent !n fa%or of 'et!t!oner. +t rued that there was no contract of sae to s'ea* of for ac* of a %a!d o"(ect "ecause there was was no suff!c!ent !nd!cat!on !nd!cat!on to !dent!fy the 'ro'erty su"(ect of the sae, hence, the need to eecute a new contract. Res'ondent a''eaed to the ourt of ''eas, wh!ch on 'r! 21, 1//7 rendered a dec!s!on re%ers!n# the dec!s!on of the tr!a court. $he a''eate court hed that the o"(ect of the contract was deter)!na"e, and that there was a cond!t!ona sae w!th the "aance of the 'urchase 'r!ce 'aya"e w!th!n f!%e years fro) the eecut!on of the deed of sae. +ssue: whether or not there was a %a!d sae. ed: !%! ode 'ro%!des that 8y the contract of sae one of the contract!n# 'art!es o"!#ates h!)sef to transfer the ownersh!' of and to de!%er a deter)!nate th!n#, and the other to 'ay therefor a 'r!ce certa!n !n )oney or !ts eu!%aent. contract of sae )ay )ay "e a"soute or cond!t!ona. cond!t!ona. s thus def!ned, the essent!a ee)ents ee)ents of sae are the the foow!n#: a9 onsent or )eet!n# of the )!nds, that !s, consent to transfer ownersh!' !n echan#e for the 'r!ce "9 ;eter)!nate su"(ect )atter and, c9 -r!ce certa!n !n )oney or !ts eu!%aent. 12 s shown !n the rece!'t, dated e'te)"er 2 /, 1/64, the ate Juan an ndres rece!%ed -500.00 fro) res'ondent res'ondent as
ece't!n# on the fronta#e the a#reed 'urchase 'r!ce was -15.00 'er suare )eter and the fu a)ount of the 'urchase 'r!ce was to "e "ased on the resuts of a sur%ey and woud "e due and 'aya"e !n f!%e =59 years fro) the eecut!on of a deed of sae. -et!t!oner>s content!on !s w!thout )er!t. $here !s no d!s'ute that res'ondent 'urchased a 'ort!on of ?ot 1/1482 cons!st!n# of 345 suare )eters. $h!s 'ort!on !s ocated !n the )!dde of ?ot 1/1482, wh!ch has a tota area of 754 suare )eters, and !s ceary what was referred to !n the rece!'t as the <'re%!ousy 'a!d ot.< !nce the ot su"seuenty sod to res'ondent !s sa!d to ad(o!n the <'re%!ousy 'a!d ot< on three s!des thereof, the su"(ect ot !s ca'a"e of "e!n# deter)!ned w!thout the need of any new contract. $he fact that the eact area of these ad(o!n!n# res!dent!a ots !s su"(ect to the resut of a sur%ey does not detract fro) the fact that they are deter)!nate or deter)!na"e. s the ourt of ''eas e'a!ned: 15 onco)!tanty, the o"(ect of the sae !s certa!n and deter)!nate. &nder rt!ce 1460 of the New !%! ode, a th!n# sod !s deter)!nate !f at the t!)e the contract !s entered !nto, the th!n# !s ca'a"e of "e!n# deter)!nate w!thout necess!ty of a new or further a#ree)ent "etween the 'art!es. ere, th!s def!n!t!on f!nds rea!@at!on. $hus, a of the essent!a ee)ents of a contract of sae are 'resent, !.e., that there was a )eet!n# of the )!nds "etween the 'art!es, "y %!rtue of wh!ch the ate Juan an ndres undertoo* to transfer ownersh!' of and to de!%er a deter)!nate th!n# for a 'r!ce certa!n !n )oney. s rt. 145 of the !%! ode 'ro%!des: $he contract of sae !s 'erfected at the )o)ent there !s a )eet!n# of )!nds u'on the th!n# wh!ch !s the o"(ect of the contract and u'on the 'r!ce. . . .$hat the contract of sae !s 'erfected was conf!r)ed "y the for)er ad)!n!strator of the estates, Ra)on an ndres, who wrote a etter to res'ondent on March 30, 1/66 as*!n# for -300.00 as 'art!a 'ay)ent for the su"(ect ot. s the ourt of ''eas o"ser%ed: A!thout any dou"t, the rece!'t 'rofoundy s'ea*s of a )eet!n# of the )!nd "etween an ndres and Rodr!#ue@ for the sae. B%!denty, th!s !s a 'erfected contract of sae on a deferred 'ay)ent of the 'urchase 'r!ce. the 'rereu!s!te ee)ents for a %a!d 'urchase transact!on are 'resent. $here !s a need, howe%er, to car!fy what the ourt of ''eas sa!d !s a cond!t!ona contract of sae. ''arenty, the a''eate court cons!dered as a
$he ca!) of 'et!t!oners that the 'r!ce of -,035.00 !s !n!u!tous !s untena"e. $he a)ount !s "ased on the a#ree)ent of the 'art!es as e%!denced "y the rece!'t =Bh. 29. $!)e and a#a!n, we ha%e stressed the rue that a contract !s the aw "etween the 'art!es, and courts ha%e no cho!ce "ut to enforce such contract so on# as they are not contrary to aw, )oras, #ood custo)s or 'u"!c 'o!cy. therw!se, court woud "e !nterfer!n# w!th the freedo) of contract of the 'art!es. !)'y 'ut, courts cannot st!'uate for the 'art!es nor a)end the atter>s a#ree)ent, for to do so woud "e to ater the rea !ntent!ons of the contract!n# 'art!es when the contrary funct!on of courts !s to #!%e force and effect to the !ntent!ons of the 'art!es. $he dec!s!on of the ourt of ''eas !s FF+RMB; w!th the )od!f!cat!on that res'ondent !s R;BRB; to re!)"urse 'et!t!oners for the e'enses of the sur%ey.
