SALES POINTERS 1. Article 1458 ( Definition of A Contract of sale) 2. Article 1458 ( Elements of A Contract) 3. Article 1475 (Perfection of contract of sale) 4. Article 1497 (Delivery) , Article 1503 ( Transfer of Ownership) and 1504 ( Res Perit Domino) 5. Article 1544 ( Double/ Multiple Sales) 6. Article 1545 ( Warranties) 7. Article 1546 ( Warranty) 8. Article 1592 ( Cash Surrender Value, RIBPA) 9. Purpose of Bulk Sales Law 10. Article 1620 (Legal Redemption) Questions 1. A) Define a contract of sale in accordance with Article 1458 of the Civil Code. B) Application problem: Suppose you had just bought a laptop computer for Php 80T sold to you by a stranger. A few days later, a student comes to you showing a police blotter report of theft of her laptop with proof of purchase in her name with a similar serial number of the laptop you just bought. Should you insist that you are now the owner thereof? Explain. 2. A. What is the significance of the presence of elements of a contract? B. Distinguish, and give each an example the essential, the natural, and the accidental elements of a contract of sale. 3. How shall a contract of sale be perfected? What is the legal effect as to the ownership of the thing sold? 4. What is the significance of the act of delivery of a property as far as the rights of the buyer is concerned? 5. Sendoy sold his land to his neighbour Bewan, who immediately took possession of the same but because of financial constraints, did not bother to register the sale. A month later Sendoy sold the same to Betwo, (an OFW who has knowledge of the prior sale), who paid twice the amount paid by Bewan. Betwo then registered the sale unto the Register of Deeds. Betwo, armed with the Certificate of Title to the land, politely asked Bewan to vacate the property, with the latter saying "imo nang papel, sa ako ang yuta". Both ask you, who is the rightful owner of the land? Reason out your answer. 6. Define warranty in a contract of sale. What are the implied warranties in sales? 7. Manong Mael purchased one box of Tagal Pawikan Capsules for Php 5000.00. After one week, he went back to the same pharmacy demanding a refund, claiming it has no effect on his sexual stamina as advertised on radio. The sales lady refused, saying there is a caveat on air "no approved therapeutic claim". Who is right, Manong Mael or the saleslady? Why? 8. Under the Realty Instalment Buyer Protection Act (R.A. 6552), after having paid in installment for 8 years a total of Php1,000,000, how much cash surrender value shall the buyer be entitled for refund if the contract is cancelled by default? 9. Briefly discuss the nature of a "bulk sale". What are the requirements for a valid bulk sale? 10. A, B, and C, siblings to each other, are co-owners of the ancestral house and lot in Kidapawan City. C, a drug addict, validly sold his interest of the property to Datu Janggo who is C's shabu supplier. A and B come to you for advice of their plan of ousting Datu Janggo of his interest in the co-owned property. Is there any way possible? Give a legal basis for your