179 SCRA 336

FACTS:

PVTA entered into a merchandising loan agreement with the petitioner in the amount of P25,500.00 for the purchase of flue-cured Virginia tobacco from bona fide Virginia tobacco former-producers. In the ensuing month, petitioner shipped to the Farmers Virginia Tobacco Redrying (FVTR) bales of tobacco. After several days, the grading of the plaintiff’s tobacco took place but and some were graded, weighed and accepted. The remaining bales of tobacco were not graded and weighed because after grading and weighing 89 bales of Guia No. 2, some officers and employees in the premises of defendant FVTR asked to pay the value of the bales which were weighed, graded and accepted by the defendants, P28,382.00 money for the separate grading and weighed of the un-graded and un-weighed tobacco bales. Unfortunately, the remaining un-graded and un-weighed bales were lost while they were in the possession of the FVTR.

After such loss, petitioner demanded for its value and the application of the same to its merchandising loan with PVTA but both the latter and the FVTR refused to heed said demands. Petitioner then filed in the then Court of First Instance of La Union a complaint against PVTA and FVTR praying that the two defendants be ordered representing the value of the lost bales of tobacco and/or that the said amount be applied to its loan with PVTA. The CFI ruled that the PVTA should not be held responsible for the lost bales of tobacco because they were not yet properly graded and weighed and the IAC affirmed.

ISSUE:

Whether or not there is delivery of the goods to the vendee which will result in a perfected contract of sale.

RULING:

Yes. The Court ruled that since PVTA had virtual control over the lost tobacco bales, delivery thereof to the FVTR should also be considered effective delivery to the PVTA. The Civil Code provides that ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof, thus delivery took place when the thing sold is placed in the control and possession of the vendee.

The Court would have found merit in respondent PVTA’s contention that the contract of sale could not have been perfected pursuant to Article 1475 of the Civil Code because to determine the price of the tobacco traded, the shipment should first be inspected, graded and weighed, we find said contention misplaced herein.

*Case digest by Sherl Dianne S. Estoque, JD 3-, Andres Bonifacio Law School, SY 2019-2020