COURSE GUIDE FOR SALES

JD 2-4 / Friday 7:00 – 9:00 p.m.

1ST SEMESTER OF A.Y 2020-2021

Professor: Pros. Ruel H. Espaldon

Email address: [email protected]
No. of Units: 2
Book Preference/s: Any of the following: (1) Comments and Cases on Sales and
Lease by Hector De Leon and Hector De Leon, Jr.; (2) Sales and Other Special
Contracts (Vol. V) by Ernesto Pineda, or (3) Law on Sales by Cesar Villanueva and
Teresa Tiansay. Platform/s: Zoom and Google Classroom

Methodology: Recitation, quizzes, lecture, and occasional group discussion.

I. GRADING SYSTEM
A. Recitation/Quizzes/Attendance/Other Activities 30%
B. Mid Term Examinations 30%
C. Final Examinations 40%
TOTAL: 100%

II. COVERAGE FOR MIDTERM EXAMINATIONS (8 weeks)

Week Topic/s Resources, Provisions and Cases
A. Definition, general • Art. 1458
San Lorenzo Development Corp. vs.
1 principles, and essential • CA, G.R. No. 124242, January 21, 2005
Equatorial Realty Development, Inc.
vs. Mayfair Theater, Inc., G.R. No.
characteristics • 133879, Nov. 21, 2001
● San Miguel Properties Phil., Inc. vs.
Sps. Huang, G.R. No. 137290, July 31,
B. Formation of sale 2000

C. Absolute and • Lim vs. CA, G.R. No. 118347, October

conditional 24, 1996
sales
• Chua vs. CA, G.R. No. 119255, April 9,
D. Contract of sale and 2003
contract to sell
A. Object of sale • Art. 1459

B. Sale of things with • Art. 1461

potential existence and
sale of
a mere hope or
2 expectancy
C. Sale of future goods • Art. 1462
• Cavite Development Bank vs. Sps. Lim,
G.R. No. 131679, February 1, 2000
D. Loss or deterioration; • Arts. 1480, 1493, 1494, 1502, 1504, and
who 1538.
bears the same
A. Price and other ● Art. 1469-1474
consideration, ● Boston Bank of the Phil. vs. Manalo, G.
inadequacy R. No. 158149, February 9, 2006
and simulation;
 B. Earnest money and
option ● Art. 1482
3 money
C. Promise to buy and
sell a ● Art. 1479
determinate thing for a
specific price; unilateral
promise to buy.
A. Forms of a contract
of sale ● Art. 1483
B. Remedies of buyer in
a ● Art. 1484
contract of sale of ● Elisco Tool Manufacturing Corp. vs.
personal CA, G.R. No. 109966, May 31, 1999
property in installments
C. Capacity to buy and
4 sell ● Art. 1489
D. Prohibited sales ● Art. 1491
E. Sale by seller who is
not ● Art.s 1505-1506
the owner of the thing;
sale
with voidable title
A. Transfer of
ownership ● Art. 1497-1501
● Norkis Distributors, Inc. vs. CA, G.R.
No. 91029, February 7, 1991
B. Actual and
constructive ● Art. 1497
● Power Commercial and Industrial Corp.
5 delivery vs. CA, G.R. No. 119745, June 20, 1997
C. Different kinds of ● Arts. 1498-1501.
constructive delivery
D. Delivery and its
inclusions ● Arts. 1539-1542
A. Delivery on sale or
return; ● Art. 1502.
sale by trial
B. Delivery of goods to ● Art. 1503.
6
carrier.
C. Sale of goods
covered by ● Arts. 1507-1519
documents of title
A. Rights of an unpaid
seller. ● Arts. 1525-1529; Arts. 1595-1596
B. Goods in transit;
rights ● Arts. 1531-1535
and remedies of an
7 unpaid
seller when goods have
been
delivered to the
carrier/bailee
A. Review of what are ● Arts. 414-418
movable and immovable
properties
B. Double sale of a
8 movable ● Art. 1544
 property
C. Double sale of an ● Art. 1544
● Rosaroso vs. Soria, G.R. No. 194846,
immovable property June 19, 2013
● Coronel vs. CA, G.R. No. 103577,
October 7, 1996

III. COVERAGE FOR FINAL EXAMINATIONS (8 weeks)

Week Topic/s Provisions and Cases
A. Conditions and ● Arts. 1545-1546
● Pilipinas Makro, Inc. vs. Coco Charcoal
Phil., Inc., G.R. No. 196419, October 4,
warranties; nature and 2017.
1 different types thereof
B. Warranty against
eviction ● Arts. 1548-1560
A. Warranty against
hidden ● Arts. 1561-1581
● Nutrimix Feeds Corp. vs. CA, G.R. No.
defects 152219, October 25, 2004
2
B. Buyer’s options in
case of ● Art. 1599
breach of warranty
A. Obligations of the
vendee; ● Arts. 1582 and 1584
rights of the buyer
B. When the buyer is
deemed ● Arts. 1585-1588
to have already
accepted the
3
goods; rules as to non-
acceptance
C. Realty Installment
Buyer ● R.A. 6552
● Gatchalian Realty, Inc. vs. Angeles,
Protection Act G.R. No. 202358, November 27, 2013
A. Actions available to ● Arts. 1595-1597
vendor when there is
breach
by vendee.
4
B. Actions available to
the ● Arts. 1598-1599
buyer if the vendor
breaches
the contract
A. Conventional
redemption: ● Art. 1601-1618
nature, persons who ● Villarica vs. CA, G.R. No. L-19196,
can November 29, 1968
exercise the same,
scope and
5 limitations.
B. Equitable mortgage; ● Arts. 1602-1604
● Matanguihan vs. CA, G.R. No. 115033,
presumption July 11, 1997
● Briones-Vasquez vs. CA, G.R. No.
144882, February 04, 2005
 A. Legal redemption:
who ● Arts. 1619-1623
6 may exercise, scope and
limitations.
A. Assignment of
credits: ● Arts. 1624-1635
validity, effect thereto ● Philippine National Bank vs. CA, G.R.
on the No. 118357, May 6, 1997
debtor, and implications ● Licaros vs. Gatmaitan, G.R. No.
in 142838, August 9, 2001
the transfer of
ownership.
● Act. No. 3952, as amended by R.A.
7 A. The Bulk Sales Law 111
B. Retail Trade ● R.A. 8762
Liberalization
Act
8 A. (Lecture on lease)