Essay About Perfected Contract Of Sale And Ano Ang Gagawin Mo

Oblicon
And yung offer nung tindera offer pero hindi definite, kase hindi ka sigurado kung matamis yung pakwan! Sa mangga? May nagpapatikim ba nung mangga? Ang sabi ng nanay ko para malaman kung ang mangga ay matamis? Ano ang gagawin mo? Sige nga? Aamuyin mo? Kaya ako para akong aso (laughing) sabi nung mga tindera, ano ho bang ginagawa niyo? Sabe ko, eh sabi ng nanay ko, amuyin ko raw(laughing) para malaman kung matamis ang mangga! So that means, if you see, there is one, ano, anong tawag ditto, isang ano, isang piling ng mangga, o isang piling ng mangga, basket hindi ibig sabihin, bibili ka gad! Kailangan aamuy-amuyin mo pa (laughing) kase hindi definite ang offer, okay? Kaya kayong mga lalaki, dapat mag-mamili kayo, para maiapply niyo kung anong provision ng batas (laugh). So, bukas, wala kayong pasok, pumunta kayo sa palengke. What about the nature and effect of advertisement?Kanina, na-mention ko na rin sa inyo diba? Tingnan niyo, Ngayon! Linngo ngayon! Anong newspaper ang napakakapal? (laughing) Manila Bulletin, santambak ng advertisement, but in so far as the civil code is concern is the significance of this advertisement. Definitely, if it involves the sake of its property or personal property? Diba? They cannot be a definite offer, but they are simply an invitation to make an offer. Kung titingnan mo, kahit saan ngayon, especiallysan nga ahh, mga equipment, diba may drawing na? o may picture na? but inspite of that, can you still consider it?Will you consider it as a dfinite offer? Hindi pa rin, kase kailangan itest mo! Lalo na diba yung mga pang gym na ano, makikita mo mga meron ng picture pagkaka-add ngayon sa ano, sa newspaper.Yung mga thread mill, yung mga ano,so hindi pa rin as a buyer not satisfied yet so there is simply what?an invitation to make an offer? Now what is a counter offer? Counter offer is a qualified offer or conditional acceptance, so, eto yung nakikipagtawaran ka, o punt aka sa palengke, sianabi ng tindera, oh eto ho! Dahil gusto ko nang umuwe, sige isang kilo ng ano (laughing) sampung-piso na lang, oy! Sa Balintawak class ha? ‘pag ganitong oras mura yung ano, pwera biro, mura ang mga gulay, na talagang ibibigay na nila sa inyo ng ano , ng ano, tawag ditto, bagsak presyo, kasi, ang ano sa kanila,is to go home early, so pag ganun, pwede ka pa bang mag counter offer? Diba nakakahiya ng magcounter offer. Minsan yung sayote, ibibigay nila sayo ng sampung piso, isang kilo,magcounter offer ka pa? Limang piso na lang? Eh baka barilin ka pa nung tindea? (laughing) So, usually yung mga counter offer pag medyo mahal, tsaka mo tatawaran, o kaya maglalaro dyan kung wholesale or retail ang bentahan, okay? Option money, earned as money, what is the distinction? Similarity, Definitely,both involves the delivery of the money, but the distinction is with respect to the effect, if it is an earnest money,that gives rise to a perfected contract of sale, earnest money was part of the contract price, an optionmoney, does not give rise to a perfected contract of sale, but imply a perfected option contract. And what is an option contract? You are given a period! A reasonable period by the vendor, within which to make a final decision as to weather, you will push through with the buying of the property or not. So, the money or the consideration, which is called an option money in an option contract, is a consideration for the waiting time!of the seller, now, how much would be the option money? The code is silent about it, so one peso will be enough!enough to tie down, the seller that within a period of one week, or two weeks and even one month, as agreed upon by both parties.Seller has no right to offer the same product to a third person, but if there is no option moneygiven, seller has the full discretion of disposing a property to a third person, if even without the knowledge of the buyer.Now, class! I don’t think that you have already counter a contract, wherein there is an option money or earnest money, appear? Okay? Usually what is being used by other broker’s deposit or reservation fee. Now look at the stipulation, regardless of whether it is deposit or reservation fee, for as long as that deposit or reservation fee will be included in the computation of the contract price.That means, that is an earnest money. But if it is not included to the computation,it will not be deducted from the contract price. It will be deemed forfeited case you will not push through buying of theproperty that is simply an option money. This was asked before in the bar exam, it may be asked again. So, option money, is perfected? Is the option contract, wherein you are buying the period to what? Make a final decision, as to whether you will acquire the property or not? Earnest money gives price to a perfected contract, and it falls part of the contract price. Any question? Will you still have a break? Or will you proceed? Who wants a break? (laughing) Okay? It is not a unanimous dec decision, I don’t want to prejudice the interest (laughing) of the minority (laughing) so you’re given a break, it’s already, the time in your watch, 3:30 ! So you take a break and then we resume our discussion, later on, (laughing).You know ah! On the last Sunday of the bar exam, especially in the afternoon, you will have this kind of feeling that you want to finish everything and you want to go home.Parang ganon, yun ang nararamdaman natin (laughing). Pero mas ma-ano sa inyo, pagdating niyo sa, atleast kayo ha! La Salle na kayo! Kame non MLQU, I don’t want to offend any of the students from MLQU here, pero atleast kayo is, MLQU ha?(laughing) tawa ka nang tawa, nanonood kame ng pelikula mo kagabe eh.(laughing) hindi pala pelikula or MMK! Nanood ako nun ha!(laughing) Hinde! Yun talaga feeling mo, yun bang pagdating ng legal ethics, ayaw mo nang magsulat kase para bang yung,yung ano mo wala ng ibibigay, but I would like to warn you class because there are students who fail in legal ethics.They passed all their major subjects, but unfortunately,because of that desire to go out of La Salle immediately,they forget that legal ethics,just also one important component in passing the exam, in be prepared in,what? Writing very long pleedings, and that what was happened last year. Although what I heard this year in your case, they will not anymore apply what was introduced last year by chief ahh, by justice Nochura.Two sets of examiner, so ngayon balik ulit sa dati,which is good because last year students have the difficulty of writing the answers in the second set of questions, separate from the first set of question. So, that’s what I heard that this year, they will not an anymore, implement it, I think the purpose was it’s not really accomplished, kase medyo nalate din yun, nadelay ng konti yung release, reason why?Why? JusticeNochura, ofted for that is, he thought that it was expedite, the release results of the bar exam.So, atleast yun yung isang bentahan niyo ngayon. Balik ulit sa dating sistema, but just be prepared, especially in legal ethics, kase talagang minsan, from info down o ano,lahat yun pasusulat sa inyo. So talagang hindi dapat kayo na, yun bang yung feeling na uuwe na, uuwe na, tapusin niyo lahat, lahat sagutin niyo.Okay? So, alam kong uwing uwi na rin kayo ngayon, (laughing)tapusin lang natin ‘to, anyway ahh.The second part will be discuss on Thursday together with recent cases, and I’ll be giving you some questions, so that you just try it, try answering it. Kase sabe nga nila, unless you try answering it, you will not be able to learn from your mistake mabuti nang magkamali kana ditto, kesa magkamali ka sa bar exam. Another thing, remember in the bar exam, what is important, is that, in giving an answer you have,an authority, strictly speaking, there is no correct or wrong answer , because we professors invited to give suggestion answers , and as much as possible give as many suggested answers, as we can. So, the only thing that is expected from you, when you give your answer, it is not based on your opinion, but it is based on a certain provision in the civil code, or if not any special law, or any supremecourt decision. So yung mga principles na pinag-aaralan natin,magagamit mo siya sa mga ibang tanong. Hindi lang pang Oblicon, Okay? So, we now go to vices of consent, now vices, these are circumstances that affect adversely the decision of a party, in entering into contract. Now, your knowledge in the vices of consent in the contract of marriage, will definitely help you a lot. And as I’ve mention earlier, ART.45 Mili Code is very clear, the absence of any of the essential requisites will make marriage, null and void. The defect will make the marriage, voidable, so when you talk about defect, class, that means the elements are present, okay? But there is something wrong with the element, and the reason why, there is something wrong with the element, for example, in this case of consent, there is consent, but it was not freely given, and the reason why it is not freely given and because of the presence of any of these vices of consent, now take note, the vices of consent can be classified into two: You have vices affecting the cognition, and the vices affecting the volition. Remember that it is no rational being, we have two faculties, the intellectual faculty, so that is, it refers to the cognition, and the faculty of the will, that refer to the volition. So what are possible vices, that might affect the intellectual faculty of a person, so you have a capacity error, and fraud although if you will notice, similar to that in case of marriage, what really affects cognition is error and fraud. In capacity is in relation to your ART 37, 38 of the civil code, the restrictions or the limitations as to one’s capacity to act. Now what would affect the volition, the faculty of the will would be violence, intimidation, undue influence, okay? We’ll now discuss thoroughly, error or mistake, the inadvertened, and excusable, disregard of a circumstance material to the contract, error or mistake, we now apply it again to, I always go back to the family code, mistake of fact not mistake of law. Definition of good faith, between the contracting parties, mistake of fact, good faith, reverse to the mistake of fact, not mistake of law, that’s why? If the parties, believe in good faith that the person, solemnizing the marriage, really has the authority, but it is the mistake of fact, so that good faith of the contracting parties will save the validity of the marriage.But if the one who solemnized, does not really have the authority,even if the parties, believe in good faith. The good faith of the contracting parties, will not make the marriage valid.Because the last one, involves the mistake of law, not a mistake of fact.Example, as is ammm, the former secretary of justice, what’s his name? Justice Raul Gonzales, since he have the title of the justice, he celebrated your marriage. And is according to the family code, members of the judiciary. And thinking that a person who holds the justice is automatically a member of a judiciary, you believe in good faith. Justice Raul Gonzales, had the authority will the marriage be valid. No, because that is no tantamount mistake of law, not a mistake of fact. Justice Raul Gonzales is secretary of justice, the incumbent of the administrator is Maydez Marquez, so if his name appears in the BCU exam, justice, so he has the title of the justice, justice Maydez Marquez celebrated the marriage that is tantamount to mistake of law not to mistake of fact. A core administrator is given authority but when it can be considered a mistake of fact if Juan Dela Cruz an examinarian expelled examinary decided to continue his mission by being a sacristan. And then one day, their Parish Priest, incapacity to celebrate the marriage. He misrepresented to be the Parish Priest. He celebrated the marriage and the parties believe in good faith.The marriage was solemnized by the Parish Priest. Is the marriage valid? Yes, the good faith recontracting parties, saved the validity of the marriage, because even if he is not in reality, a Parish Priest or a Priest, but since the parties, believe in good faith. He was a Priest , and the Priest is given an authority to solemnized marriage. Then the good faith will make the marriage valid. So, similarly, but that is special law, the family code is, special law. In general, if there is an absent of a special law, he have no choice but to apply general provisions, according to the civil code. So, if it is an error or mistake, no qualification whether it is a mistake of fact or a mistake of law. What the civil code is telling us? If it will affect a material, ahh, decision of the party in entering into the contract because of the mistake. Because of that error, then that is considered as the vice of consent. And therefore will be a ground for annulment of the contract. The consent is there, but if you’re aware of the mistake, if you’re aware of the errors, you would not have given your consent. And that is why the contract is considered as voidable. So on Thursday,we’ll be discussing annulment of contract, the voidable contracts, ressisible contracts,unenforceable contract, but in so far, as voidable contract as concerned, you have to connect it with the vices of consent. Because as I’ve said, similar to the contract of marriage, if the consent is not really given, there is consent but not freely given. It is ground for the annulment of the contract, the contract is voidable, okay? Fraud? Insidious words or machinations whereby the other is induced to execute a contract as a matter of fact. Class? You’ve go as far as your insurance law. We don’t just limit ourselves to the family code. In insurance , you know very well that is fraud, which involves concealment, isn’t? That will be the ground which can be invoke by the insurance company. So that the benefit that can be enjoyed by the person insured will not now enjoyed by him. Why? Because of fraud concealment and the family code. Fraud is only limited to four cases. Expressio Unios Rule, fit will not fall under the proliferation any other kind of fraud will not be a ground for the annulment of marriage. But I am referring to two special laws. The insurance code, as well as the family code, so in the event that you will be confronted with the problem in the bar exam wherein there are cases that there’s nothing to do in the insurance, there’s nothing to do with marriage, so there’s no special law. We just simply apply the general provisions in an obligations and contracts that the presence of fraud will be a ground for the annulment of contract. Anu ba yun sa tagalog yung fraud? Paglilinlang, Paglilinlang (laughing) pandaraya, diba? So, kung hindi mo, kung alam mo, yung ibang ano, yung totoo, hindi ka o-oo diba? So, fraud and there are different kinds of fraud. You have to ahh, group them in to two. Fraud in the celebration of the contracts and the fraud in the execution of the contracts. So, what would affect the validity? Therefore is the fraud that is present in the celebration of the contract. Remember the distinction between an annulment and nullity in marriage? In nullity, the ground is already existing even prior to the celebration of the marriage, in annulment, the ground is existing at the time of the celebration. So, this is what we call as in nelcetion to fraud that dolo causante, the fraud that present in the celebration of the contract. So the party would not have given his consent if he is aware that there is the reason why. It is a ground for the annulment of contract. Dolo causante, the fraud, the other one is Dolo incidente. Party deceived would have agreed but under different terms.So if you will notice the distinction between dolo causante and dolo incidente. In Dolo Causante, if you aware of the fraud, you not have given your consent. In Dolo Incedente, even if you are aware of the fraud, you would still give consent but under a different term, or condition that’s why it is the Dolo Causante, that is a ground for annulment not the Dolo Incidente because if the Dolo Incidente, there is still the intention to enter in a contract, so the only remedy is to ask damages Okay? The other one is fraud in the execution of the obligation. So since the contract is already perfected and the fraud only appears in the execution of the obligation. And remember that the obligation arises from a perfected contract.Therefore that is a fraud than cannot be use as a ground for annulment simply for damages.So, here we have to determine in the problem. What kind of fraud it is? It is a fraud that is existing time of the celebration of the contract. Is it the fraud that is existing after its celebration? But during the execution of the obligation? Because if it is during the celebration it is a ground for annulment. But if it is an after then, it is only a ground for damages. Which by analogy again. We connect it with marriage. Is it the ground existing the time of celebration? Your remedy should be annulment of marriage, but if it is existing after a marriage, that is celebrated it is aground for legal celebration. Kaya nga diba?Pag may concealment ng lesbianism, homo-sexuality, drug addiction, oops! Annulment of marriage, pero pag wala namang concealment, pwede ka pa ring magdemanda. But this time, your remedy will be legal separation. So, yung mga hairline na ganon ang may kailangan wag kakalimutan , okay? Violence, in order to rest consents serious or irresistable force is employed, how? Take note the violence is contemplated under the code does not refers to physical violence. Because you can be tortured mentally, but then if you will connect it with your ahh,,criminal law, as well as with your property the doctrine of incomplete self-defense diba? Anu yon? Defense of one’s property against ay hindi! Napagsama ko pala yung incomplete privileges yung sinasabe ko! Defense of one’s property but one is necessary is at the time that you are using what? Reasonable force, there is an actual threat to resort you or remove you from the possession of your property. Which if you will connect it to criminal law. Under the revise penal code, that is self-defense of one’s person, one’s property and defense of the life of the relative. So kung titingnan mo? Konektado sila diba? SO eto naman, because of violence, natatakot ka dahil papatayin ka, kukunin yung property mo, papatayin ang kamag-anak mo. You have no choice but to give your consent.So nandun yung consent! Present pero defective. Not voluntarily given. Intimidation pananakot/threat, the kind of intimidation that would really vitiate one’s consent is in criminal law. What we call as grave threat. Diba? That’s why if you will recall, there’s one case inmarriage, the case of Ruis, the lawyer, who claimed that he was threatened, tinakot siya para pakasalan yung babae. That’s why I always repeat to my students without offending you guys.I do not believe shot gun wedding. Yung pinikot-pikot kase ako. Meron manggang piko (laughing) kalokohan yang pinikot-pikot, sampu ang anak mo (laughing) pinikot ka pa rin? Sa lahat naman ng tinakot(laughing) ano? (laughing) wag mo sabihing during the sexual act, tinatakot ka? San ka nakakitang lalaking tinakot ng asawa niya? Na kahit na sabihin mong Batangeña diba? Tinutukan mo ng balisong ang lalaki. Papaano tatayo yan?Pero magkakaron ng copulation? Although sabi nung isa kong estudyante ko dun sa review ko, maam tatayo pa rin ba ako? (laughing) yun ay hindi ko pa nagagawa sa asawa ko ngayon! Titingnan ko (laughing). So papaano magkakaron ngayon ng pikot? Okay? Unless, literally kung talagang eh ano eh yung mapapangasawa papakasalan mo eh notorious family eh tapos alam mo talagang may ma weapons silang nakatago sa bahay(laughing) so intimidation, so that kind of intimidation is not only applicable in marriage, but in any kind of contract, okay? Undue influence, dito pumapasok yung moral accedancy na tinatawag natin. Improper advantage of one’s power, although come to think of it class, you might have heard, case involving a teacher falling inlove with a student diba? And what did the supremecourt say? The court has no right to interfere if the teacher ell inlove with the student, so hindi nagging proper yung defense ng undue influence,. (laughing). This is just a story that I would like to a it is something very personal with time that I recall it. I find it very funny, that’s why because, when I started teaching in civil law I was the youngest because I started to teach when I passed the bar exam.As soon I have passed the bar exam. So the results will release in April,so june I’d already started to teach, I wanted to teach in AB but I was told by my justice to teach in the civil law. Faculty of civil law, and at the time my students do not believe that I was a teacher because I was the youngest faculty member, and then there is one student everytime I field in my class, he would not complain only to find out later on (laughing) nagkakacrush pa sa estudyante, aba! Mahabaging Diyos, sabe ko nabulag ata itong batang ito. That then sabi ko nga, nakapagtataka siguro, dalawang beses ko nang ibinabagsak tapos ninenerbiyos ako kase minsan, nagpadala ng ano, Christmas yun eh! I cannot forget that and then it was my course,staff in that was in UST and then there was a letter saying, “maam even if you fail me again in the third or in the fourth time it’s okay with me” “because I always want to see you” (laughing). Sabe ko, naku po! Mamamatay ako sa batang ito(laughing) so that means, that the undue influence is not applicable other way around. I was scared at that time when I received that letter. Now, what could be another possible application in this undue influence. Of course the dean, influencing you, okay? There could be a possible undue influence or here is a government official, so you have no choice but say yes to him. Because you’re afraid or in relation to your employer, you are afraid that if you are not agree to what he’s telling you, you might be a terminated from employment. So, these are examples of what is the meaning of undue influence, okay? Simulation of a contract, I think all of us are aware of what is simulation is? And all of us have already entered into a simulated contract. Especially when it comes to what? Trying to get rid of the BIR (laughing) over in so far is the civil code is concerned okay? When we say simulation of the contract, declaration of non-existing will may deliberately and by agreement of the parties. Now, simulation of the contract can be an absolutely simulated. Contract or a relatively simulated contract. When you say absolutely simulated contract there is no real intention to enter into a contract. And this is what most Filipinos lead. When the agrarian reform was enacted, isn’t it? Most of the hacienderos and hacienderas, so that their property will not be covered by CARP. What will they do? They make appear chop-chop. Okay? Sell it or donate it to the third person, to reduce the area, while in truth and in fact, there is no intention to dispose the property, that is an absolutely simulated contract. You have an instrument, there is signing of the document, even if it is entitled,Deed of Sale/ Deed of Donation. But if the real intention of the parties is not freely to dispose it, only to a remove it from the coverage of the CARP. Then in so far the contract is concerned it is inexistent. It is void out in issue. On the other hand, there is such a think as a simulation.In relative simulation, parties really intend to be bound to each other. But the real intention is not reflected on the instrument, best example as I’ve mention, so that you cannot be ammm covered by the capital gains tax. Usually what the parties would do instead of making a deed of absolute sale. What they execute is a deed of donation and worst scenario, sometimes they even asked for a BIR ruling. For the exemption of the donor’s tax. (laughing). But there is really intention to really dispose the property, but that real intention is not appearing in the document, so to what we have now is relatively simulated contract. And usually this is what broker’s of real estate do, diba? Yung isang kontrata, that is the relatively simulated, the real value is not written and what is what value appears. In that relatively simulated contract, usually the one that is the zonal value given by the BIR because if you really want to lessen the capital gains tax, although I am not encouraging you to do it , class? Yo take a look at the zonal value. You can even use the site of the BIR and you will be surprised. The zonal value is usually twice lower than the fair market value. Minsan, hindi lang twice lower than, trice! Because BIR does not immediately changed he zonal value, so there’s a difference between the zonal vale and the fair market value of a property.So, if you want to pay less capital gains tax, you peg the contract price of the zonal value. But in reality, what you paid is the fair market value, and if you will doing that, you are making a relatively simulated contract.So, it is still valid between the contracting parties, okay? We go now to subject matter, or object. And we said that in so far as obligations and contracts is concerned, object is what? It was ambiguous term. Ambiguous in the sense that, she, object perce refers to the property. If it refers to a prestation to give, okay? Which I mention this morning.Property which is different from a thing, why? Called USA. Utility Subsentivity Capable of being appropriated. So, you ladies, if the boy counting you to tell you, I will give the moon, the stars, sampalin mo! (laughing) bakit? Because the moon and the stars, they are things but they are not a property. They’re useful US Substantive but not capable of being appropriated,diba? So, it’s only a thing, it is not a property. And for if to be a valid object, a contract, it has to be a property.It has to be then, a commerce of men. So if you will be buying an animal, a wild animal, DENR can run after you. Or if youw ill be buying an animal that is already been declared as outside the commerce of men. For example, ano yung mga animals na hindi mo pwedeng ibili o ibenta? Diba? Yung mga pawikan? Kase eto yung about to be extinct. There are birds that cannot be , what? Sold in public. So if you enter into a contract of sale, then the sale can be a sale, why? Because the object is outside the commerce of men. Kanina sinabi natin yung mga peanut butter, na winithdraw sa market, it’s already deemed outside of the commerce of men. Yung mga gatas diba? Bakit nga ba? Winithdraw yung mga gatas?Kase meron siyang components na ano, noh?Ano yung nakalagay sa gatas? Na it will affect the health of individual?