Vendor should be owner of thing sold

It is essential that the vendors be the owners of the property sold; otherwise they cannot dispose of that which does not belong to them. Nemo dat quod non habet. No one can give more than what he has. (Heirs of Ingjugtiro, et al. v. Spouses Casals, et al. G.R. No. 134718, August 20, 2001)
Article 1458 of the New Civil Code provides: "By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent." It is essential that the vendors be the owners of the property sold otherwise they cannot dispose [of] that which does not belong to them. As the Romans put it: "Nemo dat quod non habet." No one can give more than what he has. The sale of the realty to respondents is null and void insofar as it prejudiced petitioners’ interests and participation therein. At best, only the ownership of the shares of Luisa, Maria and Guillerma in the disputed property could have been transferred to respondents.

Popular Posts