Adelaida Amado and the heirs and/or estate of the late judge Noe Amado. Vs Renato Salvador

Petitioners are the heirs of the late Judge Amado, who was the owner of a parcel of land situated at Barangay Burgos, Rodriguez, Rizal. The property subject of the present controversy is a portion thereof registered under Original Certificate of Title with the Registry of Deeds of Rizal in the name of Judge Amado. Salvador alleges that in or around September 1979, Judge Amado agreed to sell to him the subject property for P60.00 per square meter, or in the total sum of P66,360.00, payable in cash or construction materials which would be delivered to Judge Amado, or to whomsoever the latter wished during his lifetime. Salvador though failed to state the terms of payment, such as the period within which the payment was supposed to be completed, or how much of the payment should be made in cash. In view of the sale in his favor, Salvador undertook the transfer and relocation of about five squatter families residing on the subject property.

The issue is whether there was a perfected contract of sale. The Court held in the negative, as Salvador fails to allege the manner of payment of the purchase price on which the parties should have agreed. No period was set within which the payment must be made. This means that the parties had no exact notion of the consideration for the contract to which they supposedly gave their consent. Thus, such failure is fatal to Salvador's claim that a sale had been agreed upon by the parties.