Text of the provision
Art. 1496. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Ownership passes to the buyer from the moment of delivery in any of the ways in Arts. 1497-1501, or any manner signifying that possession is transferred.
Delivery, or traditio, is the act that actually transfers ownership under Philippine sales law — the sale contract itself only creates an obligation to transfer, while ownership passes only once delivery occurs in one of the recognized forms. Delivery need not always mean physically handing over the object; it can also occur constructively, such as through the execution of a public instrument or the handing over of keys or documents of title, so long as the circumstances show both parties intended possession to pass from seller to buyer.
Questions about this provision
- If goods are destroyed while in transit, does the seller or the buyer shoulder the loss?
- If a dealer sells the same car to two different buyers, who actually gets to keep it?
Related provisions
- Article 1495 — Threefold Obligation of the Vendor.
- Article 1497 — Actual Delivery.
Cases citing this article
- Venustriano B. Chavez, Jr., Maria Carmita C. Certeza, et al. vs. Spouses Joselito and Adriana Gopez, G.R. No. 242366, February 26, 2025 — read the decision on LawPhil →
- Spouses Noel John M. Kaw And Josephine Caseres-Kaw vs. Heirs of Marilyn Nodalo, et al, G.R. No. 263047, November 27, 2024 — read the decision on LawPhil →
- Crispin Burgos D. Bariata vs. the Honorable Ombudsman Conchita C. Carpio-morales, Joselito A. Ojeda, and Dulde R. Quinto-ojeda, G.R. No. 234640, February 1, 2023 — read the decision on LawPhil →
- Hiers of Ciriaco Bayog-Ang, Namely Celerio Valle and Primitivo Valle vs. Florence Quinones, jointly with her husband Jeremias Donasco…, G.R. No. 205680, November 21, 2018 — read the decision on LawPhil →
- Desiderio Dalisay Investments, Inc., vs. Social Security System, G.R. No. 231053, April 4, 2018 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.