- Statute
- Civil Code
- Article
- Art. 1498
- Topic
- Obligations of the Vendor
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 4 Obligations of the Vendor
- Formerly
- Art. 1463a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept. (1463a)
Intellegal Wiki · In plain terms
Executing a sale through a public instrument (a notarized deed) legally counts as handing over the thing sold, unless the deed itself shows that delivery was not intended or cannot be clearly inferred. For movable goods, giving the buyer the keys to the place where they are stored or kept also serves as delivery.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Leopoldo C. Leonardo v. Virginia Torres Maravilla, the Supreme Court held: Affirmed the CA: without delivery, ownership never passed under Article 1498, so the action was for specific performance barred by the 10-year period of Article 1144 and by 21 years' laches.
One leading Supreme Court case applying this provision.
Cases applying this article
- Estelita Villamar v. Balbino Mangaoil
- Socorro P. Cabilao v. Ma. Lorna Q. Tampan
- Leopoldo C. Leonardo v. Virginia Torres Maravilla
- Heirs of Ciriaco Bayog-Ang v. Florence Quinones
- Anita Monasterio-Pe v. Jose Juan Tong
- Eufemia Balatico Vda. de Agatep v. Roberta L. Rodriguez
- Gatmaytan v. Misibis Land G.R. No. 222166