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    Province of Cebu vs. Heirs of Rufina

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    happypammyness
    The Province of Cebu leased a 210-square meter lot to Rufina Morales in 1961. In 1964, the province donated the land, including Morales' lot, to the City of Cebu. The city then subdivided the land and issued a new title for Morales' lot. In 1965, the city auctioned off the subdivided lots, including Morales', to raise money for infrastructure. The highest bidder for Morales' lot was Hever Bascon, but Morales was allowed to match the bid since she already occupied the lot. Morales paid the required deposit and partial payment. The issue was whether the award at public auction formed a valid contract between Morales and the city. The

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    Province of Cebu vs. Heirs of Rufina

    Uploaded by

    happypammyness
    755 views1 page
    The Province of Cebu leased a 210-square meter lot to Rufina Morales in 1961. In 1964, the province donated the land, including Morales' lot, to the City of Cebu. The city then subdivided the land and issued a new title for Morales' lot. In 1965, the city auctioned off the subdivided lots, including Morales', to raise money for infrastructure. The highest bidder for Morales' lot was Hever Bascon, but Morales was allowed to match the bid since she already occupied the lot. Morales paid the required deposit and partial payment. The issue was whether the award at public auction formed a valid contract between Morales and the city. The

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    Province of Cebu vs. Heirs of Rufina- Sales Case Digest

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    The Province of Cebu leased a 210-square meter lot to Rufina Morales in 1961. In 1964, the province donated the land, including Morales' lot, to the City of Cebu. The city then subdivided the land and issued a new title for Morales' lot. In 1965, the city auctioned off the subdivided lots, including Morales', to raise money for infrastructure. The highest bidder for Morales' lot was Hever Bascon, but Morales was allowed to match the bid since she already occupied the lot. Morales paid the required deposit and partial payment. The issue was whether the award at public auction formed a valid contract between Morales and the city. The

    Copyright:

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

    Province of Cebu vs. Heirs of Rufina

    Uploaded by

    happypammyness
    The Province of Cebu leased a 210-square meter lot to Rufina Morales in 1961. In 1964, the province donated the land, including Morales' lot, to the City of Cebu. The city then subdivided the land and issued a new title for Morales' lot. In 1965, the city auctioned off the subdivided lots, including Morales', to raise money for infrastructure. The highest bidder for Morales' lot was Hever Bascon, but Morales was allowed to match the bid since she already occupied the lot. Morales paid the required deposit and partial payment. The issue was whether the award at public auction formed a valid contract between Morales and the city. The

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Province of Cebu vs.

    Heirs of Rufina
    Facts: On September 27, 1961, petitioner Province of Cebu leased in favor of Rufina Morales a 210-
    square meter lot which formed part of Lot No. 646-A of the Banilad Estate. Sometime in 1964, petitioner
    donated several parcels of land to the City of Cebu. Among those donated was Lot No. 646-A which the
    City of Cebu divided into sub-lots. The area occupied by Morales was thereafter denominated as Lot No.
    646-A-3, for which Transfer Certificate of Title (TCT) No. 308831 was issued in favor of the City of Cebu.
    On July 19, 1965, the city sold Lot No. 646-A-3 as well as the other donated lots at public auction in
    order to raise money for infrastructure projects. The highest bidder for Lot No. 646-A-3 was Hever
    Bascon but Morales was allowed to match the highest bid since she had a preferential right to the lot as
    actual occupant thereof. Morales thus paid the required deposit and partial payment for the lot.
    Issue: Whether or not the award at the public auction was a valid and binding contract of sale between
    Morales and the City of Cebu.
    Held: Yes.
    A sale by public auction is perfected when the auctioneer announces its perfection by the fall of the
    hammer or in other customary manner. It does not matter that Morales merely matched the bid of the
    highest bidder at the said auction sale. The contract of sale was nevertheless perfected as to Morales,
    since she merely stepped into the shoes of the highest bidder.
    Consequently, there was a meeting of minds between the City of Cebu and Morales as to the lot sold
    and its price, such that each party could reciprocally demand performance of the contract from the
    other. A contract of sale is a consensual contract and is perfected at the moment there is a meeting of
    minds upon the thing which is the object of the contract and upon the price. From that moment, the
    parties may reciprocally demand performance subject to the provisions of the law governing the form of
    contracts. The elements of a valid contract of sale under Article 1458 of the Civil Code are: (1) consent
    or meeting of the minds; (2) determinate subject matter; and (3) price certain in money or its
    equivalent. All these elements were present in the transaction between the City of Cebu and Morales.

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