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including the 2 lots to 2nd buyer. After the "xxx xxx the prior registration of the
sale of the entire subdivision, the 2nd disputed property by the second buyer
buyer allegedly took possession and does not by itself confer ownership or a
developed the same for residential better right over the property. Article 1544
purposes. He registered the deed of sale requires that such registration must be
covering the subdivision, secured TCT, coupled with good faith. Jurisprudence
subdivided, and acquired individual titles. teaches us that "(t)he governing principle
In 1974, he sold the 2 lots to 3rd buyers is primus tempore, potior jure (first in time,
who caused the TCT and tax declarations stronger in right). Knowledge gained by
in their names, then demanded from the first buyer of the second sale cannot
petitioner to vacate the said lots but the defeat the first buyer's rights except
latter refused.
where the second buyer registers in good
RTC declared the 3rd buyers as the faith the second sale ahead of the first.
HELD
NO. The petitioners are owners.
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The seller initially oered to sell
palay to NFA. When buyer NFA accepted
The fact that the exact number of objects the oer by noting in the Farmer's
to be delivered has not been determined Information Sheet a quota of 2,640
does not aect the perfection of the cavans, there was already a meeting of
contract. the minds between the parties, the object
being the palay grains and the cause is
FACTS NFAs payment, depending upon its
palay grains to NGA (buyer), now NFA Art 1349 provides: "The fact that
through its provincial manager. Seller the quantity is not determinate shall not be
submitted the documents required by the an obstacle to the existence of the
buyer NFA for pre-qualifying as a seller. contract, provided it is possible to
After processing documents, the seller determine the same, without the need of a
was given a quota of 2640 cavans of new contract between the parties."
palay. Seller delivered 630 cavans. They In this case, there was no need for
were not rebagged, classified, and NFA and seller to enter into a new
weighed. When seller demanded payment, contract to determine the exact number
he was informed that it would be held in to be sold. The seller can deliver so much
abeyance because: (1) manager was still of his produce as long as it does not
investigating an information he received exceed 2,640 cavans.
that seller was not a bona fide farmer; and The contention that there was no
(2) the palay delivered was not produced acceptance, therefore consent is absent
from sellers farmland but was taken from is incorrect. Sale is a consensual contract;
a warehouse of a rice trader.
there is perfection when there is consent
Buyer NFA then wrote seller upon the subject matterand price, even if
advising him to withdraw the cavans neither is delivered. This is provided by Art
because it was found that he is not a
1475. The acceptance referred to by Art
bona fide farmer. Instead of withdrawing, 1475 which determines consent is the
the seller demanded payment. He then acceptance of the one party by the other
filed a complaint for specific performance and not of the goods delivered as
and/or collection of money with damages.
contended by petitioners.
CFI and CA ruled in favor of the From the moment the contract of
seller.
sale is perfected, it is incumbent upon the
Buyer NFA contends:
parties to comply with their mutual
ISSUE
Whether or not there was a
contract of sale.
HEIRS OF UBERAS vs. CFI of Negros given full opportunity to prove his case.
Occidental RTC should not have summarily
G.R. No. L-48268 October 30, 1978 dismissed the case on the alleged ground
______________________________ of prescription notwithstanding contrary
factual averments in the complaint which
Imprescriptibility of an action to Quiet would clearly rule out prescription.
The SC set aside respondent
FACTS courts order of dismissal and remanded
Uberas siblings inherited a parcel of the case to respondent court for trial and
land from their parents. Petitioners determination on the merits.
(children and successors in interest of
Segundo and Albino) filed a complaint
against respondents (surviving spouse and
children of Pedro and Alejandra Uberas) GALLAR vs HUSAIN
for quieting of title, recovery of possession G.R. No. L-20954 May 24, 1967
heirship with malice and bad faith to A couple of years after, Gallar filed
deprive the compulsory heirs. this suit in CFI in 1960 to compel
Hermenegilda and Bonifacio Husain, as
ISSUE heirs of Teodoro Husain, to execute a
Whether or not the case at bar is deed of conveyance in his favor so that he
one for quieting of title and therefore could get a TCT. He also asked for
imprescriptible. damages. The Husains countered by
saying that Graciana already paid the
HELD redemption price thus their father had
YES. already reacquired ownership over the
This case is an action for quieting of same. They also claim that the action of
title which is imprescriptible. Faja vs. CA Elias has already PRESCRIBED.
resolved on the basis of evidence adduced (2) Whether or not the action has
by the parties which will determine the already prescribed.
(2) NO.