### Summary of Key Points from Article 1460

1. **Determinate Thing**:
- A thing is considered "determinate" when it is specifically designated or physically
segregated from others of its kind (e.g., a specific car, house, or land).
- The subject of a contract of sale must be determinate for the contract to be valid. A
determinate thing is identified by its individuality, not just its kind.

2. **Capability of Being Made Determinate**:

- A thing can still be considered determinate even if it is not in sight or specifically
designated at the time the contract is formed, as long as it is capable of being made
determinate without a new agreement.
- If further agreement is needed to identify the subject matter, the contract is void, as
seen in cases involving ambiguity in goods (e.g., rice in a specific warehouse).

3. **Illustrative Cases**:
- **Case 1**: A tobacco factory was sold after being specifically pointed out, even
though the price was to be delivered later.
- **Case 2**: A house was sold despite the price being withheld until proof of
ownership was provided.
- **Case 3**: Hemp delivered to a warehouse was considered sold even though the
price had not been paid.
- **Case 4**: A sale of sugar was not perfected because the sugar wasn't
distinguishable from others in quantity and quality.
- **Case 5**: The sale of flour by brand and quantity was a promise to sell a generic
item, so no sale was perfected.
- **Case 6**: A contract to sell palay grains was valid even though the exact quantity
wasn’t determined initially, as long as the amount delivered did not exceed the agreed-
upon amount.
- **Case 7**: Parcels of land described by lot numbers in a development plan were
considered determinate.
- **Case 8**: A lot earmarked for a buyer’s sister was determinable based on a
receipt.
 - **Case 9**: A sale of sugar quota without specifying the related land was void
because the subject matter was not determinate.

4. **Importance of Specification**:
- The subject matter must be clearly identifiable by its individuality, either at the time of
the contract or capable of being made so later without further negotiation.
- Contracts that lack sufficient clarity on the subject matter, such as unspecified goods
or lands, may be declared void.

This highlights the critical importance of determinacy in contracts for the proper
identification and validation of the subject matter.

### Summary of **Article 1461: Sale of Things Having Potential Existence**

**Main Concept:**
- Things that do not yet exist but have the potential to come into existence can be the
object of a sale. However, the sale of a mere hope or expectancy is valid only if the
thing comes into existence; if not, the sale is void.

**Key Points:**
1. **Potential Existence:** A sale can cover things expected to exist in the future, such
as products or produce that will naturally come into being (e.g., future crops, wine from
vines, etc.).

2. **Condition on Sale:** The sale of things not yet in existence is subject to the
condition that they will come into existence. If they do, ownership transfers to the buyer.
If the thing does not come into existence, the sale is void.

3. **Sale of Hope vs. Sale of Expected Thing:**

 - **Emptio rei speratae**: Sale of an expected thing (future object), where the sale is
valid only if the thing comes into existence. If it doesn't, the buyer does not need to pay.
- **Emptio spei**: Sale of the hope itself, where the buyer pays regardless of whether
the thing comes into existence (e.g., a lottery ticket).

4. **Void Sale of Vain Hope:** If the hope or expectancy is impossible to achieve (like a
falsified lottery ticket), the sale is void from the start.

5. **Case Example:**
- In *Gaite vs. Fonacier*, a buyer was obligated to pay for iron ore whether or not it
was sold or shipped, because the contract was onerous and guaranteed by a surety
bond. This highlights that sales of future expectations are commutative and typically
involve obligations on both sides.

### Summary of **Article 1462: Sale of Existing and Future Goods**

**Main Concept:**
- Goods that can be the subject of a sale may either already exist at the time of the sale
or be goods that the seller will acquire or manufacture in the future (referred to as
"future goods").

**Key Points:**
1. **Existing vs. Future Goods:**
- **Existing Goods:** Goods that are already owned or possessed by the seller at the
time of the sale.
- **Future Goods:** Goods that are yet to be manufactured, raised (e.g., future
harvest), or acquired by the seller after the sale contract is made.

2. **Valid Sale of Future Goods:**

 - The sale of future goods is valid but is considered an **executory contract**,
meaning that it will be fulfilled only when the seller acquires or delivers the goods.
- If the goods depend on a **contingency** (something that may or may not happen),
the seller assumes the risk of acquiring the goods. If the seller fails to do so, they may
be held liable for damages.

3. **Special Case for Manufactured Goods:**

- If goods are manufactured **specifically** for the buyer and cannot easily be sold to
others, this is considered a **contract for a piece of work** rather than a sale of goods.

4. **Speculative Contracts:**
- A “futures” contract where parties speculate on price fluctuations, without the
intention to actually deliver goods, is considered a form of gambling and is **null and
void** under Article 2018 of the Civil Code.

5. **Delivery Requirement:**
- For a sale to be valid under Article 1462, there must be **actual or constructive
delivery** of goods. If no goods are delivered or there is no intention to deliver a specific
thing, the article does not apply.

### Key Example:

- A seller selling future rice harvest from a field or bottles to be manufactured is valid,
but ownership will transfer only once the goods exist and are delivered. Speculative
contracts based solely on price rise/fall without intent to deliver are void.

### Summary of **Article 1463: Sale of Undivided Interest**

**Main Concept:**
- A sole owner of a thing can sell an **undivided interest** in it, making the buyer a co-
owner.
**Key Points:**
1. **Types of Sales:**
- The sole owner can sell:
- The entire thing.
- A specific portion.
- An **undivided interest** (e.g., half of a land without specifying which half).

2. **Effect of Sale:**
- The buyer becomes a **co-owner** of the thing sold and acquires full ownership of
the portion allocated to them during the division of the property.
- The sale is only valid for the seller's undivided share and limited to what will be
allotted in the division upon termination of the co-ownership.

3. **Example:**
- If someone owns 1,000 square meters of land, they can sell the entire area, a
specific 500 square meters, or an undivided half (making the buyer a co-owner). Upon
division, the buyer gets their allocated share.

### Summary of **Article 1464: Sale of an Undivided Share of a Specific Mass

(Fungible Goods)**

**Main Concept:**
- **Fungible goods** (interchangeable goods like grains or oil) can be sold as an
**undivided share** of a mass, even if the mass is unsegregated.

**Key Points:**
1. **Definition of Fungible Goods:**
- Goods where any unit is treated as equivalent to another (e.g., grain, oil, gasoline).

2. **Effect of Sale:**
 - The buyer becomes a **co-owner** of the mass in proportion to the quantity
purchased.
- If the mass is smaller than what was sold, the buyer owns the whole mass, and the
seller must provide the remaining goods from similar stock.

3. **Risk of Loss:**
- Co-ownership means the entire mass is at risk for all parties based on their
proportion of ownership.

4. **Example:**
- If a seller owns 1,000 cavans of rice and sells 250 cavans, the buyer becomes a co-
owner of 1/4 of the mass. If only 200 cavans are available, the seller must deliver them
and supply the remaining 50 cavans.

5. **Applicability to Non-Fungible Goods:**

- Although Article 1464 refers to fungible goods, the principle can apply to **non-
fungible goods** (e.g., barrels of flour or cattle), where parties agree to treat them as if
they are interchangeable.

### Comparison:
- **Article 1463** deals with the sale of an undivided interest in a thing, like land, while
**Article 1464** addresses the sale of an undivided share of a **mass of goods**
(typically fungible goods). Both make the buyer a **co-owner**, but Article 1464 focuses
on goods that are interchangeable in nature.

### Summary of **Article 1465: Things Subject to a Resolutory Condition**

**Main Concept:**
- Things that are subject to a **resolutory condition** (an event that, when it occurs,
extinguishes the obligation or right) can be sold.

**Key Points:**
1. **Resolutory Condition:**
- A **resolutory condition** refers to an **uncertain event** that, if it happens, will
terminate the obligation or right in question. When such a condition is fulfilled, any rights
gained under the contract are also extinguished.

2. **Examples:**
- **Vendor a retro**:
- S sells land to B with the condition that S can **repurchase** it within two years. If
S exercises this right, the sale made by B to C before the two-year period ends is
invalidated.
- Exception: In cases involving property with a **Torrens title**, certain legal
protections may override the standard rule that a vendor cannot transfer a better right
than they had.
- **Foreclosure of a mortgage**:
- If S's land is sold to B in a foreclosure auction due to unpaid debts, S has the right
to **redeem** the property within a year. If S redeems the land, the sale to B is nullified.

3. **Effect on Ownership:**
- A vendor’s obligation is to transfer ownership of the thing sold. However, if the
**resolutory condition** is fulfilled, the vendor cannot transfer ownership because the
contract is nullified, and the object no longer exists as an enforceable sale.

In summary, **Article 1465** addresses the situation where the object of the sale is
subject to a condition that could result in the termination of the contract if the condition
occurs, thereby extinguishing the buyer's right to ownership.