sales homework nov. 24

7/21/2019 Sales Homework Nov. 24

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Schedule

As discussed, we will have a make-up class on November 24 (8:30 a.m.

to 11:30 a.m.).

I understand that some non-members of block 2-B may not be able to

attend because they have another class (and I can excuse them from

attendance based on that reason). If the class wishes to propose another

time and date for the make-up class (which will enable the non-block

members to attend), I can consider an alternative schedule (other than

Wednesday afternoon). Please let me know (through Mijo) before the

end of this week if you wish to change the schedule. If I do not receive

advice before the end of the week, I will assume that we will hold the

make-up class on November 24. The room assigned to us on Tuesday is

the Sarmiento room (room 127). Non-members of block 2-B (with a

schedule conflict) are welcome to attend any portion of the class.

I also understand that the class is requesting that the last class be held

(and the 3rd quiz be given) on November 28 (Saturday), 1:30 p.m. to

4:30 p.m. I am fine with that schedule (on the assumption that everyone

is available to attend and we have a room assigned to us).

Assignment

On November 24, I hope to finish the course outline. We will finish

discussing double sales and will continue with Part XIV (Sales

Distinguished from Other Contracts) and the remaining parts of the

outline (in the order stated in the outline).

Please study:

(a) the following Civil Code provisions: Arts. 1466-1468, 1602-1605,

1624-1641 [ Reference guide: De Leon, pp. 21-29, 51-59, 490-518, 588-



613)

(b) the following cases:

1 Adelfa Properties, Inc vs. Court of Appeals, 240 SCRA 565, G.R. No.

111238, January 25, 1995;

2 Quiroga vs. Parsons Hardware Co., 38 Phil. 501, G.R. No. L-11491,

August 23, 1918 (Arts. 1466, 1868);

3 Puyat vs. Arco Amusement Co, 72 Phil. 402, G.R. No. L-47538, June

20, 1941 (Arts. 1466, 1868);

4 Celestino & Company vs. Collector,99 Phil. 841, G.R. No. L-8506,

August 31, 1956 (Art. 1467);

5 Commissioner vs. Engineering Equipment & Supply Company, 64

SCRA 590, G.R. No. L-27044, June 30, 1975 (Art. 1467);

6 Roberts vs. Papio, 515 SCRA 346, G.R. No. 166714, February 9, 2007

(Art. 1602);

7 Martires vs. Chua, 694 SCRA 38, G.R. 174240, March 20, 2013 (Arts.

1602, 2088);

8 Lo vs. KJS Eco-Formwork System Phil., Inc. , 413 SCRA 182, G.R. No.

149420, October 8, 2003 (Art. 1628);

9 Development Bank of the Philippines vs. Regional Trial Court of

Manila, 86 O.G., No. 6, 1137 (1987).

(c) the following laws:

1 Bulk Sales Law (Act No. 3952)[see De Leon, pp. 614-625];

2 Condominium Act (R.A. No. 4726)[see De Leon, pp. 663-673];

3 The Subdivision and Condominium Buyer’s Protective Decree

(Presidential Decree No. 957)[see De Leon, pp. 626-640];

Please also read the following provisions of the Civil Code: Arts.

1245, 725, 1470, 1471, 1643, 1638, 2088.

Kindly see the Materials page (items 13, 14 and 15) for study guides on

Documents of Title, Bulk Sales Law, P.D. 957, and R.A 4726.



Learning objectives

You should learn the following:

Sales distinguished from other contracts

1 What is a dacion en pago? What distinguishes a dacion en pago from a

sale?

2. What is a contract to sell? A conditional sale? What distinguishes

them from a sale?

3. What is an agency to buy and sell? What distinguishes an agency to

buy and sell from a sale?

4. What is a contract for a piece of work? What distinguishes a contract

for a piece of work from a sale?

5. What is a contract of barter? What distinguishes a contract of barter

from a sale? What is the test for determining whether the transaction is a

sale or barter? When is a barter perfected and consummated? What is the

remedy of the aggrieved party if the giver is not the lawful owner of the

thing delivered? What are the remedies of the person who loses the thing

by eviction? What law governs the contract of barter?

6. What is a donation? What distinguishes a donation from a sale?

7. What is a lease? What distinguishes a lease from a sale?

8. What is an equitable mortgage? What distinguishes an equitable

mortgage from a sale? What are the requisites in order that there will be

a presumption that the transaction is an equitable mortgage? What

circumstances will indicate that the transaction is an equitable mortgage?

In case of doubt, is the presumption in favor of an equitable mortgage or

a sale with right to repurchase? What are the consequences if the

contract is held an equitable mortgage?

9. What is an assignment of credit? What distinguishes an assignment of

credit from a sale? How is an assignment of credit perfected? Againstwhom is the assignment of credit binding upon? Is the consent of the

debtor required for the assignment? What accessory rights are included

in the assignment of credit? What are the warranties and liabilities of the

assignor of credit? What is the duration of the assignor’s liability if he or

she guaranteed the debtor’s solvency? What are the liabilities of the



assignor in case of: (a) sale of an inheritance; (b) sale of whole of certain

rights, rents or products? In what instances is the right of legal

redemption available in the sale of credit under litigation

Special Laws

1. What is the Bulk Sales Law? What transactions are covered by the

Bulk Sales Law? What transactions are not covered by the Bulk Sales

Law? Is a mortgage covered by the Bulk Sales Law? Can the provisions

of the Bulk Sales Law be waived? What are the duties of a person

transferring property under transactions covered by the Bulk Sales Law?

When will a transaction under the Bulk Sale Law be considered

fraudulent and void? What acts are punished by the Bulks Sales Law?

What is the penalty for violation?

2. Under PD 957, may the installment payments made by the buyer be

forfeited should the buyer desist from further payment due to the failure

of the developer to develop the subdivision project? When is the buyer

entitled to the delivery of the title of the lot? Who is responsible for real

estate tax on the property? Can the buyer validly waive compliance with

provisions of PD 957?

3. Under PD 957, may the developer mortgage a subdivision lot? What

right does the buyer acquire in the event that the developer mortgages

the lot? What are the rules with respect to advertisements made by the

developer? How can the advertisements and sales propaganda affect the

developer’s warranties? May the developer alter the subdivision plans?

May the developer collect a fee for an alleged community benefit? Who

may collect these fees?

4. What is a condominium? Would a transfer of a condominium unit

include a transfer of the undivided interests in common areas? Are there

nationality-based restrictions on the transfer of condominium units?

What are the rights of the condominium owner? What are the rules with

respect to the registration with the Register of Deeds of the instrument

conveying a condominium unit?