1. Consent – this is the meeting of the minds of both parties, i.e., consent to transfer ownership in exchange for the price. 2. Subject Matter – this should be determinate. A thing is considered determinate if when it is particularly designated or physically segregated from all others of […]
Daily Archives: November 7, 2010
24 posts
I. Contract of sale (absolute) real obligation obligation to give remedies available: specific performance rescission damages II. Contract to sell (conditional) personal obligation obligation to do remedies available: rescission damages
Under the system of Katarungan Pambarangay, they are: 1. Where one party is the government 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000 […]
For offenses which require a preliminary investigation, the criminal action is instituted by filing the complaint for preliminary investigation. The criminal action is commenced when the complaint or information is filed in court.
The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless otherwise provided in special laws. The rule does not apply to violations of municipal ordinances and special laws. The prescriptive periods for violations of special laws are interrupted only by […]
It is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss a case or grant other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for […]
Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the MTC or […]
Registration guarantees the title. Purpose of Registration: 1. Serve as constructive notice 2. Prevent fraudulent claims 3. Protect interest of strangers to transaction
3 Stages of Development of Legal System of Transferring Titles: 1. Production and delivery of deed by grantor to grantee without registration 2. Recording of deed of conveyance to bind 3rd persons 3. Registration of title
Types of estates: 1. Freehold estate – indicates title of ownership a. Fee simple -absolute title; conferred without limitation, qualification or restriction b. Fee tail – pass title to grantee & his heirs c. Life state – held for duration of life of grantee 2. Less than freehold estate […]
GENERAL RULE: All parties with capacity to contract can enter into a valid contract of sale. 1. Natural 2. Juridical – corporation/partnership/associations/Cooperatives Status of contract valid Remedies available therefor are: specific performance rescission damages EXCEPTION TO GENERAL RULE: 1. Minors status of contract: voidable only, therefore can be ratified […]
DISTINGUISHED FROM OTHER CONTRACTS: 1. Donation donation is gratuitous; sale is onerous donation is formal contract; sale is consensual donation is governed by law on donation; sale is governed by law on sales. 2. Barter in barter, the consideration is the giving of a thing; in sale, it is […]
Deed: instrument in writing by which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity. It must specify the following: 1. Grantor 2. Grantee 3. Words of grant 4. Description of […]
1. negotiation – bargaining period 2. perfection – by mere consent; performance may be demanded ( specific performance ) 3. consummation – consists of the delivery of the thing, constructive or actual.
Land Title : evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property
Purpose of Reconstitution (Land Titles and Deeds) The whole theory of reconstitution is to reproduce or replace records lost or destroyed so that said records may be complete and court proceedings may continue from the point or stage where said proceedings stopped due to the loss of the records. […]