- Statute
- Philippine Civil Code
- Article
- Art. 1468
- 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. 1446a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
If the consideration of the contract consists partly in money, and partly in another thing, the transaction shall be characterized by the manifest intention of the parties. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent; otherwise, it is a sale. (1446a)
Intellegal Wiki · In plain terms
When payment is partly in money and partly in another thing, the parties' clear intent decides whether the deal is a sale or a barter. If that intent is not clear, it is a barter when the value of the thing exceeds the money given, and otherwise it is a sale.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Binalbagan Estate v. Valeriano M. Gatuslao G.R. No. 48560