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sold a second-hand car to E for P150,000.

00 The agreement between D and E was that half of the purchase price,
or P75,000.00, shall be paid upon delivery of the car to E and the balance of P75,000.00 shall be paid in five equal
monthly installments of P15,000.00 each. The car was delivered to E, and E paid the amount of P75.000.00 to D.
Less than one month thereafter, the car was stolen from E's garage with no fault on E's part and was never
recovered. Is E legally bound to pay the said unpaid balance of P75.000.00? Explain your answer. (1990)
SUGGESTED ANSWER:
Yes, E is legally bound to pay the balance of P75,000.00. The ownership of the car sold was acquired by E from the
moment it was delivered to him. Having acquired ownership, E bears the risk of the loss of the thing under the
doctrine of res perit domino. [Articles 1496. 1497, Civil Code).