Ref. book: Law on Sales, by Hector De Leon.

(3) by delivery in any other manner signifying an agreement

that the possession is transferred to the vendee. (Arts. 14961499.)
CHAPTER 4 - OBLIGATIONS OF THE VENDOR

SECTION 1. — General Provisions Ways of effecting constructive delivery.

(a) by the execution of a public instrument (Art.1498, par.
ART. 1495. The vendor is bound to transfer the 1.);
ownership of and deliver, as well as warrant the thing (b) by symbolical tradition or traditio symbolica
which is the object of the sale.
(c) by traditio longa manu (Art. 1499.);
Principal obligations of the vendor. (d) by traditio brevi manu
The principal obligations of a vendor are: (e) by traditio constitutum possessorium (Art. 1500.); or
(1) to transfer the ownership of the determinate thing sold; (f) by quasi-delivery or quasi-traditio. (Art. 1501.)
(2) to deliver the thing, with its accessions and accessories, if
any, in the condition in which they were upon the perfection of the
contract (Art. 1537.); SECTION 2. — Delivery of the Thing Sold
(3) to warrant against eviction and against hidden defects (Arts.
1495, 1547.); ART. 1497. The thing sold shall be understood as
delivered, when it is placed in the control and possession
(4) to take care of the thing, pending delivery, with proper of the vendee.
diligence (see Art. 1163.); and
(5) to pay for the expenses of the deed of sale, unless there is Concept of tradition or delivery.
a stipulation to the contrary. (Art. 1487.) Tradition is a derivative mode of acquiring ownership by
virtue of which one who has the right and intention to alienate a
ART. 1496. The ownership of the thing sold is corporeal thing, transmits it by virtue of a just title to one who
acquired by the vendee from the moment it is delivered accepts the same.
to him in any of the ways specified in articles 1497 to
1501, or in any other manner signifying an agreement Importance of tradition.
that the possession is transferred from the vendor to
the vendee. Delivery of the thing, together with the payment of the price,
marks the consummation of the contract of sale. Delivery is
Ways of effecting delivery. necessary to enable the vendee to enjoy and make use of the
The ownership of the thing sold shall be transferred to the property purchased. It is only after the delivery, actual or
vendee upon the delivery thereof (see Art. 1477.) which may be constructive, that a vendee acquires a real right over it.
effected in any of the following ways or modes:
(1) by actual or real delivery (Art. 1497.); Actual delivery of thing sold.
There is actual delivery when the thing sold is placed in the
(2) by constructive or legal delivery (Arts. 14981501.); or
control and possession of the vendee. This involves the physical transferred to the possession of the vendee at the time
delivery of the thing and is usually done by the passing of a of the sale, or if the latter already had it in his
movable thing from hand to hand. possession for any other reason.

ART. 1498. When the sale is made through a public Traditio longa manu.
instrument, the execution thereof shall be equivalent to
the delivery of the thing which is the object of the The first part of Article 1499 refers to traditio longa manu.
contract, if from the deed the contrary does not appear This mode of delivery takes place by the mere consent or
or cannot clearly be inferred. agreement of the contracting parties as when the vendor merely
points to the thing sold which shall thereafter be at the control and
With regard to movable property, its delivery may disposal of the vendee.
also be made by the delivery of the keys of the place or
depository where it is stored or kept. For example, if a party purchases a car from an auto dealer
that is on the auto dealer’s lot, the transferror auto dealer will
Execution of a public instrument or document. deliver the vehicle to the transferee/purchaser at the purchaser’s
home.
A public instrument is one which is acknowledged before a
notary public or any official authorized to administer oath, by the
person who executed the same. The party making the Traditio brevi manu.
acknowledgement formally declares that the instrument is his free
act and deed while the officer taking the same attests and certifies This mode of legal delivery happens when the vendee has
that such party is known to him and that he is the same person already the possession of the thing sold by virtue of another title as
who executed the instrument and acknowledged that the when the lessor sells the thing leased to the lessee. Instead of
instrument is his free act and deed. turning over the thing to the vendor so that the latter may, in turn,
deliver it, all these are considered done by action of law.
Symbolic tradition
EXAMPLE: you are renting a house & lot, thereafter you
Constructive delivery is symbolic when to effect the
bought that samehouse you are renting. There is no need to
delivery, the parties make use of a token symbol to represent the
deliver it to you coz you alreadyhold the house and lot, although in
thing delivered. The delivery of the key where the thing sold is
the capacity of an "owner" now and nolonger a "lessee".)
stored or kept is equivalent to the delivery of the thing (par. 2.)
because the key represents the thing. Similarly, there is symbolic
ART. 1500. There may also be tradition constitutum
delivery of goods to vendee upon delivery to him of delivery orders
possessorium.
which would authorize him to withdraw the goods from a
warehouse. Upon withdrawal, there is actual delivery (supra.)
Traditio constitutum possessorium.
which consummates the sale.
This mode of delivery is the opposite of traditio brevi manu. It
ART. 1499. The delivery of movable property may
takes place when the vendor continues in possession of the
likewise be made by the mere consent or agreement of
property sold not as owner but in some other capacity, as for
the contracting parties, if the thing sold cannot be
2
example, when the vendor stays as a tenant of the vendee. In this been fixed, within a reasonable time.
case, instead of the vendor delivering the thing to the vendee so
that the latter may, in turn, deliver it back to the vendor, the law
considers that all these have taken place by mere consent or When goods are delivered to the buyer on
agreement of the parties. approval or on trial or on satisfaction, or other
similar terms, the ownership therein passes to the
EXAMPLE: you buy from me a night gown for you to use in buyer.
your Christmasparty. you don't take the gown with you, you still
leave it with me and Icontinue to have possession of the gown so (1) When he signifies his approval or
that I can alter or change themeasurement of the gown to fit your acceptance to the seller or does any other act
vital statistics. adopting the transaction;

ART. 1501. With respect to incorporeal property, the (2) If he does not signify his approval or
provisions of the first paragraph of article 1498 shall acceptance to the seller, but retains the goods
govern. In any other case wherein said provisions are not
without giving notice of rejection, then if a time has
applicable, the placing of the titles of ownership in the
possession of the vendee or the use by the vendee of his been fixed for the return of the goods, on the
rights, with the vendor’s consent, shall be understood as expiration of such time, and, if no time has been
a delivery. fixed, on the expiration of a reasonable time. What
is a reasonable time is a question of fact.
Quasi-traditio.
Tradition can only be made with respect to corporeal things. In Contract of sale or return, and of sale on trial or approval
the case of incorporeal things, delivery is effected: or satisfaction.
(1) by the execution of a public instrument; or 1. Sale or return. — It is a contract by which property is
sold but the buyer, who becomes the owner of the
(2) when that mode of delivery is not applicable, by the placing
of the titles of ownership in the possession of the vendee; or property on delivery, has the option to return the same to
the seller instead of paying the price.
(3) by allowing the vendee to use his rights as new owner with
the consent of the vendor. 2. Sale on trial or approval. — It is a contract in the nature
of an option to purchase if the goods prove satisfactory,
the approval of the buyer being a condition precedent.
ART. 1502. When goods are delivered to the
buyer “on sale or return” to give the buyer an “Sale or return” distinguished from sale on trial.
option to return the goods instead of paying the (1) “Sale or return” is a sale subject to a resolutory
price, the ownership passes to the buyer on condition, while sale on trial is subject to a suspensive
delivery, but he may revest the ownership in the condition;
seller by returning or tendering the goods within (2) “Sale or return” depends entirely on the will of the
the time fixed in the contract, or, if no time has buyer, while sale on trial depends on the character or quality
of the goods; therein, on who purchases in good faith, for value, the bill of
lading, or goods from the buyer will obtain the ownership in the
(3) In “sale or return,” the risk of loss or injury rests upon goods, although the bill of exchange has not been honored,
the buyer, while in sale on trial, the risk still remains with the provided that such purchaser has received delivery of the bill
seller. of lading indorsed by the consignee named therein, or of the
goods, without notice of the facts making the transfer wrongful.
ART. 1503. Where there is a contract of sale of specific
goods, the seller may, by the terms of the contract,
reserve the right of possession or ownership in the goods
until certain conditions have been fulfilled. The right of
possession or ownership may be thus reserved
notwithstanding the delivery of the goods to the buyer or
to a carrier or other bailee for the purpose of transmission
to the buyer.
Where goods are shipped, and by the bill of lading the
goods are deliverable to the seller or his agent, or to the
order of the seller or of his agent, the seller thereby
reserves the ownership in the goods. But if, except for the
form of the bill of lading, the ownership would have
passed to the buyer on shipment of the goods, the seller’s
property in the goods shall be deemed to be only for the
purpose of securing performance by the buyer of his
obligations under the contract.
Where goods are shipped, and by the bill of lading the
goods are deliverable to the order of the buyer or of his
agent, but possession of the bill of lading is retained by
the seller or his agent, the seller thereby reserves a right
to the possession of the goods as against the buyer.
Where the seller of goods draws on the buyer for the price
and transmits the bill of exchange and bill of lading together to
-the buyer to secure acceptance or payment of the bill of
exchange, the buyer is bound to return the bill of lading if he
does not honor the bill of exchange, and if he wrongfully
retains the bill of lading he acquires no added right thereby. If,
however, the bill of lading provides that the goods are
deliverable to the buyer or to the order of the buyer, or is
indorsed in blank, or to the buyer by the consignee named