This case has been cited 2 times or more.
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2008-02-19 |
YNARES-SATIAGO, J. |
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| 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.[22] 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.[23] All these elements were present in the transaction between the City of Cebu and Morales. | |||||
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2007-10-15 |
CHICO-NAZARIO, J. |
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| Finally, this Court finds no reason to delve into the merits of the Decision of the Court of Appeals with regard to the propriety of the levy in execution of the property covered by TCT No. 292139 for the support of Danielle Ann. Petitioner does not raise the issue in her pleadings. That matter has been laid to rest, and is outside the scope of the instant Petition. Issues not raised in the pleadings, as opposed to ordinary appeal of criminal cases where the whole case is opened for review,[59] are deemed waived or abandoned.[60] | |||||