Short answer. Yes. Article 1497 of the Civil Code states that the thing sold is considered delivered when it is placed in the control and possession of the buyer. Physical handover of the object satisfies the delivery requirement under the law of sales — no additional formalities are needed for movable goods.
What the law says
The thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee.
Civil Code, Article 1497 — Actual Delivery. Read the full provision →
What delivery means under Article 1497
Article 1497 of the Civil Code defines actual delivery: the sold thing is understood as delivered when it is placed in the control and possession of the buyer. This is the basic standard for actual physical delivery in a sale of movable goods. When the seller hands over the item — or makes it available so the buyer can take it — delivery occurs, and with delivery, ownership passes to the buyer (assuming the parties have not agreed otherwise). No written receipt, no additional ceremony, and no separate registration is required for movable goods to be considered delivered under this rule.
Control and possession — both elements
The article uses both 'control' and 'possession.' This phrasing is deliberate: it captures situations where a buyer has actual physical custody of the item and also situations where the buyer has effective power over it even without immediate physical handling — for example, when goods are in a warehouse to which the buyer holds the key or the access rights. The question in any case is whether the buyer has practical dominion over the goods, not merely a piece of paper saying they do. Handing over keys to a storage facility that holds the goods satisfies the standard; a promise to deliver later does not.
Why delivery matters: risk of loss passes with it
Delivery is the moment that matters for several legal purposes beyond just physical transfer. In a sale of goods, risk of loss generally passes when delivery occurs. If the goods are destroyed or damaged after delivery, the loss falls on the buyer; before delivery, it falls on the seller (unless the parties have agreed otherwise, or unless the buyer is in default in receiving). Knowing precisely when delivery occurred is therefore critical if something goes wrong with the goods in transit or during the handover process.
What happens if delivery has not yet occurred
If a seller has received payment but the goods have not been placed in the buyer's control and possession, delivery has not occurred under Article 1497. The buyer does not yet own the goods, and the risk of loss has not transferred. If the seller then refuses to deliver, or sells the same goods to someone else, the buyer has remedies — but the analysis starts from the fact that no delivery has been completed. If you paid for something and the seller is delaying or refusing to hand it over, documenting the payment, the agreement, and the demand for delivery helps establish the situation clearly.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Godofredo Alfredo, et al. vs. Spouses Armando Borras, et al, G.R. No. 144225, June 17, 2003 — read the decision on LawPhil →
- Far East Fuel Corporation vs. Airtropolis Consolidators Philippines, Inc, G.R. No. 254267, February 1, 2023 — read the decision on LawPhil →
- Felipa Binasoy Tamayao and the Heirs of Rogelio Tamayao represented by Felipa Binasoy Tamayao, G.R. No. 244232, November 3, 2020 — read the decision on LawPhil →
- NFF Industrial Corporation vs. G & L Associates Brokerage and/or Gerardo Trinidad, G.R. No. 178169, January 12, 2015 — read the decision on LawPhil →