This case has been cited 3 times or more.
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2015-08-03 |
BRION, J. |
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| On July 12, 1957, then President Carlos P. Garcia issued Proclamation No. 423[7] "reserving for military purposes certain parcels of the public domain situated in the municipalities of Pasig, Taguig, Parañaque, province of Rizal, and Pasay City," which included the 15,812,684 square-meter parcel of land covered by TCT No. 61524. | |||||
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2007-12-13 |
CHICO-NAZARIO, J. |
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| Consent is essential for the existence of a contract, and where it is absent, the contract is non-existent. Consent in contracts presupposes the following requisites: (1) it should be intelligent or with an exact notion of the matter to which it refers; (2) it should be free; and (3) it should be spontaneous.[31] Moreover, a definite agreement on the manner of payment of the price is an essential element in the formation of a binding and enforceable contract of sale.[32] This is so because the agreement as to the manner of payment goes into the price such that a disagreement on the manner of payment is tantamount to a failure to agree on the price or consideration.[33] | |||||
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2006-12-06 |
AUSTRIA-MARTINEZ, J. |
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| Contracts of sale are perfected by mutual consent whereby the seller obligates himself, for a price certain, to deliver and transfer ownership of a specified thing or right to the buyer over which the latter agrees.[24] Mutual consent being a state of mind, its existence may only be inferred from the confluence of two acts of the parties: an offer certain as to the object of the contract and its consideration, and an acceptance of the offer which is absolute in that it refers to the exact object and consideration embodied in said offer.[25] While it is impossible to expect the acceptance to echo every nuance of the offer, it is imperative that it assents to those points in the offer which, under the operative facts of each contract, are not only material but motivating as well. Anything short of that level of mutuality produces not a contract but a mere counter-offer awaiting acceptance.[26] More particularly on the matter of the consideration of the contract, the offer and its acceptance must be unanimous both on the rate of the payment and on its term. An acceptance of an offer which agrees to the rate but varies the term is ineffective. [27] | |||||