This case has been cited 1 times or more.
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2006-02-09 |
CALLEJO, SR., J. |
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| Irrefragably, under Article 1469 of the New Civil Code, the price of the property sold may be considered certain if it be so with reference to another thing certain. It is sufficient if it can be determined by the stipulations of the contract made by the parties thereto[85] or by reference to an agreement incorporated in the contract of sale or contract to sell or if it is capable of being ascertained with certainty in said contract;[86] or if the contract contains express or implied provisions by which it may be rendered certain;[87] or if it provides some method or criterion by which it can be definitely ascertained.[88] As this Court held in Villaraza v. Court of Appeals,[89] the price is considered certain if, by its terms, the contract furnishes a basis or measure for ascertaining the amount agreed upon. | |||||