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    #76 Go vs. Aquino

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    Harry Dave Ocampo Pagaoa
    Under Article 1319 of the Civil Code, a contract is perfected when an offer is accepted without qualification. Judy owned unregistered land and sold it to Anacleta, Lourdita and Nelia through an unsigned Deed of Absolute Sale. Judy then sold the same land to Joel through another Deed. When Lourdita and Nelia attempted to fence the land, Joel claimed he bought it from Judy. The court found that the sale between Judy and the respondents was valid, as a binding contract exists when the minds of the parties meet on the agreement, even if they do not sign the written instrument. For a contract to be valid, the offer must be clear on the cause and object, while the

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    #76 Go vs. Aquino

    Uploaded by

    Harry Dave Ocampo Pagaoa
    23 views1 page
    Under Article 1319 of the Civil Code, a contract is perfected when an offer is accepted without qualification. Judy owned unregistered land and sold it to Anacleta, Lourdita and Nelia through an unsigned Deed of Absolute Sale. Judy then sold the same land to Joel through another Deed. When Lourdita and Nelia attempted to fence the land, Joel claimed he bought it from Judy. The court found that the sale between Judy and the respondents was valid, as a binding contract exists when the minds of the parties meet on the agreement, even if they do not sign the written instrument. For a contract to be valid, the offer must be clear on the cause and object, while the

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    Under Article 1319 of the Civil Code, a contract is perfected when an offer is accepted without qualification. Judy owned unregistered land and sold it to Anacleta, Lourdita and Nelia through an unsigned Deed of Absolute Sale. Judy then sold the same land to Joel through another Deed. When Lourdita and Nelia attempted to fence the land, Joel claimed he bought it from Judy. The court found that the sale between Judy and the respondents was valid, as a binding contract exists when the minds of the parties meet on the agreement, even if they do not sign the written instrument. For a contract to be valid, the offer must be clear on the cause and object, while the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    #76 Go vs. Aquino

    Uploaded by

    Harry Dave Ocampo Pagaoa
    Under Article 1319 of the Civil Code, a contract is perfected when an offer is accepted without qualification. Judy owned unregistered land and sold it to Anacleta, Lourdita and Nelia through an unsigned Deed of Absolute Sale. Judy then sold the same land to Joel through another Deed. When Lourdita and Nelia attempted to fence the land, Joel claimed he bought it from Judy. The court found that the sale between Judy and the respondents was valid, as a binding contract exists when the minds of the parties meet on the agreement, even if they do not sign the written instrument. For a contract to be valid, the offer must be clear on the cause and object, while the

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    © All Rights Reserved
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    Doctrine:  Under Article 1319 of the Civil Code, there is perfected contract when the meeting of

    the offer and the acceptance upon the thing and the cause which are to constitute the contract.
    From the time a party accepts the other party’s offer to sell within the stipulated period without
    qualification, a contract of sale is deemed perfected.

    JOEL GO v. WILFREDO AQUINO, ENRICO AQUINO, WILHELMINA AQUINO,


    CEFERINO AQUINO, JR., JOSELITO AQUINO, LOURDITA AQUINO-TAN AND
    NELIA AQUINO-CORTEZ
    G.R. No. 235695, November 20, 2019

    FACTS:
    Judy was the owner of unregistered land and sold to Anacleta, Lourdita and Nelia
    (respondents) through a Deed of Absolute Sale which the respondents were not able to sign.
    Subsequently, Judy sold the said land to Joel (petitioner) through another Deed of Absolute Sale.
    When the respondents are fencing the said land, a representative of the petitioner told them that
    the said land was already sold to the petitioner. The respondents filed an action for quieting of
    title over the said land by virtue of the Deed of Absolute Sale contracted by Judy and the
    petitioner. The petitioner discredit the title of respondents over the land by attacking the validity
    of the Deed of Absolute Sale between Judy and the respondents.

    ISSUE:
    Is the sale between Judy and the respondent valid?

    HELD:

    Yes.

    It is the meeting of the minds of the parties that perfects the contract of sale, and not the
    fixing of the signature of the parties in the written instrument. There is binding contract between
    the parties whose minds have met on a certain matter notwithstanding that they did not affix their
    signatures to its written form. The concurrence of the offer and acceptance is vital to the birth
    and the perfection of a contract. The clear and neat principle is that the offer must be certain and
    definite with respect to the cause or consideration and object of the proposed contract, while the
    acceptance of this offer, express or implied, must be unmistakable, unqualified, and identical in
    all respects to the offer. The required concurrence, however, may not always be immediately
    clear and may have to be read from the attendant circumstances, in fact, a binding contract may
    exist between the parties whose minds have met, although they did not affix their signature to a
    written instrument.

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