CD: Leabres v. CA

LEABRES v. CA
G.R. No. L-41847 December 12, 1986
Paras, J.

Doctrine:
A receipt can neither be regarded as a contract of sale nor a promise to sell. In here, there is an absence of the essential requisites of a contract of sale.


Facts:
Plaintiff purchased a portion of a subdivision from the surviving husband of the deceased owner, evidenced by a receipt. The Philippine Trust Co relieved the surviving husband as administrator and advertised the sale of the subdivision. Since no adverse claim or interest over the subdivision or any portion thereof was ever presented by any person, the Philippine Trust Co. executed the Deed of Absolute Sale of the subdivision in favor of the Manotok Realty, Inc.. The deed was judicially approved and recorded immediately in the Register of Deeds which issued the corresponding Certificates of Title.


Issue:
Whether or not a receipt is a valid basis of a contract of sale


Held:
No. An examination of the receipt reveals that the same can neither be regarded as a contract of sale or a promise to sell. There was merely an acknowledgment of the sum of One Thousand Pesos (P1,000.00). The requisites of a valid Contract of Sale, namely 1) consent or meeting of the minds of the parties; 2) determinate subject matter; 3) price certain in money or its equivalent, are lacking in the said receipt.