Professional Documents
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
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* FIRST DIVISION.
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And in Sibal vs. Valdez, 50 Phil 512, pending crops which have
potential existence may be the subject matter of sale.
Same; Same; A transfer of possession or ownership of the fruits
of apiece of land cannot be equated with the transfer of possession or
ownership of the land.·The contract was clearly a „sale of the
coconut fruits.‰ The vendor sold, transferred and conveyed „by way
of absolute sale, all the coconut fruits of his land,‰ thereby divesting
himself of all ownership or dominion over the fruits during the
seven-year period. The possession and enjoyment of the coconut
trees cannot be said to be the possession and enjoyment of the land
itself because these rights are distinct and separate from each
other, the first pertaining to the accessory or improvements
(coconut trees) while the second, to the principal (the land). A
transfer of the accessory or improvement is not a transfer of the
principal. It is the other way around, the accessory follows the
principal. Hence, the sale of the nuts cannot be interpreted nor
construed to be a lease of the trees, much less extended further to
include the lease of the land itself.
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
GUERRERO, J.:
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
„On August 14, 1968, plaintiff and his wife sold to defendant all
the fruits of the coconut trees which may be harvested in the land
in question for the period, September 15, 1968 to January 1, 1976,
in consideration of P4,200.00. Even as of the date of sale, however,
the land was still under lease to one, Ramon Sua, and it was the
agreement that part of the consideration of the sale, in the sum of
P3,650.00, was to be paid by defendant directly to Ramon Sua so as
to release the land from the clutches of the latter. Pending said
payment plaintiff refused to allow the defendant to make any
harvest.
„In July 1972, defendant for the first time since the execution of
the deed of sale in his favor, caused the harvest of the fruit of the
coconut trees in the land.
xxx xxx xxx
„Considering the foregoing, two issues appear posed by the
complaint and the answer which must needs be tested in the
crucible of a trial on the merits, and they are:
„First.·Whether or nor defendant actually paid to plaintiff the
full sum of P4,200.00 upon execution of the deed of sale.
„Second.·Is the deed of sale. Exhibit ÂAÊ, the prohibited
2
encumbrance contemplated in Section 8 of Republic Act No. 477?‰
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may sell, cede, transfer, or convey his rights and interests therein,
including the permanent improvements on the land, to any interested
party.‰
6 Decision of the lower Court dated January 5, 1973, Original Record
on Appeal, p. 19.
7 L-23302, September 25, 1968, 25 SCRA 153.
8 Ibid., p. 160.
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„Art. 1370. If the terms of a contract are clear and leave no doubt
upon the intention of the contracting parties, the literal meaning of
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9 See Pacific Oxygen and Acetylene Co. vs. Central Bank, L-21881,
March 1, 1968, 22 SCRA 917, 921.
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SUPREME COURT REPORTS ANNOTATED VOLUME 111 27/01/2019, 3*40 PM
„Mr. Mechem says that a valid sale may be made of a thing, which
though not yet actually in existence, is reasonably certain to come
into existence as the natural increment or usual incident of
something already in existence, and then belonging to the vendor,
and the title will vest in the buyer the moment the thing comes into
existence. (Emerson vs. European Railway Co., 67 Me., 387; Cutting
vs. Packers Exchange, 21 Am. St. Rep. 63) Things of this nature are
said to have a potential existence. A man may sell property of which
he is potentially and not actually possessed. He may make a valid
sale of the wine that a vineyard is expected to produce; or the grain
a field may grow in a given time; or the milk a cow may yield during
the coming year; or the wool that shall thereafter grow upon sheep;
or what may be taken at the next case of a fishermanÊs net; or fruits
to grow; or young animals not yet in existence; or the good will of a
trade and the like. The thing sold, however, must be specific and
identified. They must be also owned at the time by the vendor. (Hull
vs. Hull, 48 Conn., 250 (40 Am. Rep., 165)‰ (pp. 522-523).
351
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from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and
equitable that attorneyÊs fees and expenses of litigation
should be recovered.
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