- Statute
- Civil Code
- Article
- Art. 1458
- Topic
- Nature and Form of the Contract
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 1 Nature and Form of the Contract
- Formerly
- Art. 1445a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. (1445a)
Intellegal Wiki · In plain terms
Defines a contract of sale: one party binds himself to transfer ownership of and deliver a specific thing, while the other binds himself to pay a definite price in money or its equivalent. Such a sale may be absolute, or conditional (subject to a condition).
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Estelita Villamar v. Balbino Mangaoil, the Supreme Court held: Denied the petition and affirmed the CA, holding that although the Civil Code generally allows constructive delivery by public instrument (Arts. 1458, 1495, 1498), the parties' specific agreement required actual delivery of the title, and the seller's failure to deliver a clean title justified rescission of the reciprocal obligation under Article 1191.
One leading Supreme Court case applying this provision.
Cases applying this article
- Gregorio Fule v. Court of Appeals G.R. No. 112212
- Estelita Villamar v. Balbino Mangaoil G.R. No. 188661
- United Muslim v. Buen G.R. No. 179653
- Cuyco v. Garcia International G.R. No. 240904
- Spouses Teodorico M. Viovicente v. Spouses Danilo L. Viovicente G.R. No. 219074
- Sps. Gil Torrecampo v. Dennis Alindogan, Sr. G.R. No. 156405
- Jose Caoibes, Jr. v. Corazon Caoibes-Pantoja G.R. No. 162873
- Heirs of Jesus M. Mascuñana v. Court of Appeals G.R. No. 158646
Other Supreme Court decisions also apply this article.