This case has been cited 2 times or more.
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2011-09-14 |
DEL CASTILLO, J. |
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| As to whether there was a contract of sale between the parties, we hold that there was, and the absence of a written contract of sale does not mean otherwise. A contract of sale is perfected the moment the parties agree upon the object of the sale, the price, and the terms of payment.[60] Once perfected, the parties are bound by it whether the contract is verbal or in writing because no form is required.[61] Contrary to the view of petitioner, the Statute of Frauds does not apply in the present case as this provision applies only to executory, and not to completed, executed or partially executed contracts.[62] In this case, the contract of sale had been partially executed because the possession of the laptop was already transferred to petitioner and the partial payments had been made by her. Thus, the absence of a written contract is not fatal to respondent's case. Respondent only needed to show by a preponderance of evidence that there was an oral contract of sale, which he did by submitting in evidence his own affidavit, the affidavit of his witness Dy, the receipt dated February 18, 2002 and the demand letter dated July 29, 2002. | |||||
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2007-11-28 |
NACHURA, J. |
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| Sale is a consensual contract and is perfected by mere consent, which is manifested by a meeting of the minds as to the offer and acceptance thereof on the subject matter, price and terms of payment of the price.[10] In the instant case, the November 8, 1997 Agreement clearly indicates that Bohler and the Spouses Reyes had a meeting of the minds on the subject matter of the contract, the house and lot; on the price, P165,000.00; and on the terms of payment, an initial payment of P130,000.00 on the date of execution of the agreement and the remaining balance on or before December 15, 1997. At that precise moment when the consent of both parties was given, the contract of sale was perfected. | |||||