Juliana Melliza owned 3 parcels of residential land in Iloilo City (OCT 3462). Said parcels of land were known as Lots Nos. 2, 5 and 1214. On November 27, 1931 she donated to the then Municipality of Iloilo, 9,000 sq. m. of Lot 1214 to serve as site for the municipal hall, avenue and parks and for “Arellano Plan.”
In 1952, the University of the Philippines enclosed the site donated with a wire fence. Pio Sian Mellizathereupon made representations with the city authorities for payment of the value of the lot (Lot 1214-B). The University of the Philippines, meanwhile, obtained Transfer Certificate of Title No. 7152 covering the three lots, Nos. 1214-B, 1214-C and 1214-D.
On December 10, 1955, Melizza filed an action in the Court of First Instance of Iloilo against Iloilo City and the University of the Philippines for recovery of Lot 1214-B or of its value.
On May 19, 1965, the Court of Appeals affirmed the interpretation of the Court of First Instance that the portion of Lot 1214 sold by Juliana Melliza was not limited to the 10,788 square meters specifically mentioned but included whatever was needed for the construction of avenues, parks and the city hall site.
Whether contract is perfected if object of the sale is capable of being determinate at the time of the contract.
Yes. The requirement of the law that a sale must have for its object a determinate thing is fulfilled as long as at the time of the contract is entered into, the object is capable of being determinate without the necessity of a new or further agreement between the parties. The specific lots and purpose that the lots object of sale are the ones needed for city hall site, avenue and parks according to “Arellano Plan” sufficiently provides a basis as of the time of the execution of the contract for rendering determinate said lots without the need of a new and further agreement of the parties.
Digest Credit: Rose May Erazo