Sale without actual delivery

Actual delivery of a thing sold occurs when it is placed under the control and possession of the vendee. Pante claimed that he had been using the lot as a passageway, with the Church’s permission, since 1963. After purchasing the lot in 1992, he continued using it as a passageway until he was prevented by the spouses Rubi’s concrete fence over the lot in 1994. Pante’s use of the lot as a passageway after the 1992 sale in his favor was a clear assertion of his right of ownership that preceded the spouses Rubi’s claim of ownership.

Delivery of a thing sold may also be made constructively. Article 1498 of the Civil Code states that:

"Article 498. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred."

Under this provision, the sale in favor of Pante would have to be upheld since the contract executed between the Church and Pante was duly notarized, converting the deed into a public instrument. (The Roman Catholic Church vs. Pante, 2012)