Simon posted on his Facebook a status update that he wants to sell his one-year old iPhone 12 ProMax so he can buy the newest iPhone model. Simon said in his status update that he is selling the smartphone for P50,000.00, payable in five months. Bert saw the status update and liked it. Bert then sent a private message to Simon through Facebook Messenger telling him that he is willing to buy the smartphone for P45,000.00. Since Bert knows about Simon's GCash account number, Bert also sent Simon his initial payment of P5,000.00 to Simon and sent a screenshot of his payment to Simon through Facebook Messenger. The next day, Simon logged in on his Facebook Messenger and saw Bert's messages, including the screenshot of the P5,000.00 fund transfer through GCash. Simon then sent a message to Bert which states, "Bro, I received the P5,000.00 but it's really P50,000.00." Before Simon could return the P5,000.00 to Bert, Simon had sold the phone to Richie.

Richie, so happy with his purchase, posted a photograph of the smartphone in his Facebook profile, and thanked and tagged Simon in his post. Bert saw the post and was infuriated. Bert filed an action in court claiming that he is the first to purchase the smartphone. Bert even claimed that when Simon acknowledged the receipt of the P5,000.00 sent through GCash, there was a valid and perfected sale between them. According to Bert, this was even bolstered by the fact that Simon had not immediately returned to him said sum of P5,000.00.

Is Bert correct?