I. Identification. Identify the concept or principle which the following statements define or expound. Be specific with your answers.

1.It is an act whereby a person is permitted with the formalities prescribed by law to control a certain degree the disposition of his estate, to take effect after his death.

2.An admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon.

3.Contracts most of the terms of which do not result from mutual negotiations between the parties as they are usually prescribed in printed forms prepared by one party to which the other may adhere if he chooses but which he cannot change.

4.It is the determination of the meaning of the terms or words used by the parties in their written contract.

5.A person who disappears from his domicile, whose whereabouts are unknown, and without leaving an agent to administer his property.

II. Multiple Choice. Choose the best answer.

• What is the nature of a contract which is partly written and partly oral?

a. written contract

b. oral contract

c. it is a void contract because written contract cannot be supplemented by an oral contract d. parties will decide whether it will be a written or an oral contract

• Which of the following does not require a particular form for its validity? a. donation of personal property worth P5,000.00

b. donation of real property worth P5,000.00

c. payment of interest

d. authority of an agent to sell a parcel of land

• A clerk drafted an instrument, but failed to reflect the true agreements between Marc and Joseph. Can the court order the reformation of the instrument?

a. Yes, because reformation is a valid remedy

b. No, because the mistake was committed by third party

c. No, the proper remedy is to file an administrative action against the clerk d. No, the proper remedy is annulment of contract

• What is the reckoning point of a donation mortis causa?

a. death of the donee

b. fulfillment a condition during the lifetime of the donor c. immediately after the donation was made

d. death of the owner whose property is being donated

• Dean leased his house to Ace. The contract prohibits Ace from subleasing the land, and provides an additionalP5,000.00 rent a month for future violation. Ace, however, subleased the land to Mario without Dean's consent. Does Dean have the right to eject Ace?

a. Yes, Ace violated the contract.

b. No, the additional rent shows that Dean waives his right to eject Ace.

c. Yes, but he needs to respect the right of Mario, who acted in good faith.

d. No, because Mario is in good faith.

• It is a remedy available to third persons in order to secure reparation of damages caused them by a valid contract.

a. annulment

b. action to nullify

c. rescission

d. action for damages

• Mitch and Igoare the individual creditors of Marcus. In one case, Mitch secured a writ attaching Marcus'sproperty in Manila. Later, Marcus sold his Tagaytay property to Mike. Can Igo seek judicial remedy to rescind the contract between Mike and Marcus?

a. Yes, the transaction is presumed fraudulent

b. No, the remedy is only available to Mitch

c. No, the Tagaytay property was not subject of any preliminary attachment

d. Yes, but Mitch needs to join Igo in the action

• May forced Ann to sell her dog. Later, the dog gave birth. May offered the puppy to Liezel, who then conducted an inquiry. Ann confirmed to Liezel that he sold the dog to May. Thus, Liezel bought the puppy from May. Who legally owns the puppy?

a. May

b. Ann

c. Liezel

d. Ann and Liezel

• JM promised to marry Lyka. Their relationship, however, turned sour. JM defaulted in his promise. Does the failure to fulfill the promise to marry actionable in court?

a. No, because it was not in writing

b. Yes, because it is not contrary to law

c. No, because Lyka has no cause of action against JM

d. Yes, because Lyka emotionally suffered

• Geraldine orally sells his farm to Virgilio. Maloubinds himself in writing for the performance of Virgilio'sobligation. If Virgilio defaulted, can Malou be compelled to pay Geraldine?

a. No, Geraldine can use the defense of Statute of Frauds

b. Yes, the facts shows that her commitment is unconditional

c. No, the contract between Geraldine and Virgilio is unenforceable

d. Yes, the defense of Statute of Frauds is not available to Malou

• On August 25, 2019, Atty. Pamaran bought a parcel of land from Atty. Castillo. He, however, discovered that the government owned the parcel of land and Atty. Castillo sold it without authority. Atty. Pamaran intends to have the sale declared void. Until when can an action be filed in court?

a. August 25, 2021

b. August 25, 2023

c. anytime

d. during his lifetime

• Mariane and Myles entered into a contract; Mariane to sell 10 grams ofshabu, and Myles to pay it for P30,000.00. When Myles paid the money, she discovered that Mariane only gave 5 grams of shabu. Aggrieved, Myles filed an action against Mariane. Which of the following is a legal consequence?

a. Myles can declare the contract void

b. Mariane is not liable because the transaction amounted to a crime

c. Mariane needs to return the P30,000.00 to Myles

d. both Mariane and Myle will be prosecuted

• Lily agreed to cohabit with Edmundin consideration of Edmund's promise to donate his motorcycle. Edmund, however, failed to donate the motorcycle even if Lily complied with her promise. Which of the following is a legal consequence?

a. Lily can recover the motorcycle

b. Edmund cannot be compelled to donate the motorcycle

c. Lily and Edmund need to fulfill their respective promises

d. Edmund can be prosecuted by Lily

• In consideration of P100,000.00, David agreed to hide Niki, who is accused ofestafa. Virgil paid the money, but he changed his mind even before David delivered Niki to Virgil. Can Virgil recover the P100,000.00?

a. Yes, at the discretion of the court

b. Yes, because the cause is illegal

c. No, the agreement is void

d. No, they are both inpari delicto

• Severus begged Albus to appoint him as teacher in H University. Albus agreed under a consideration that Severus will receive less than the minimum wage prescribed by law. Severus started teaching, and he received less than the prescribed minimum wage. There is not dispute that Severus voluntarily agreed in the condition. Can Severus demand for the differential pay?

a. No, the contract is the law between them

b. Yes, the agreement is void

c. No, there is no dispute that Severus agreed

d. Yes, Albus took advantage of the incident

Determine the status of the following contracts.

a. valid contract

b. rescissible contract

c. voidable contract

d. unenforceable contract

e. void contract

1. The Court appointed Ervin as Ray's guardian, Ray being a minor. Ervin then sold Ray's inherited property to Dave in an installment basis. The sale was without Ervin's consent. After attaining the age of majority, Ray usedthe payments to defray some medical expenses.
2. Lei appointed Bel as her attorney-in-fact for the possible lease of her Tagaytay property. Bel, however, sold the Tagaytay property to Rene.
3. Jacob verbally sold his ps4 to Jeremiah for P20,000.00. Jacob and Jeremiah are both minors.
4. Teresa, Sean's guardian, sold Sean's property worth P20,000.00 for only P15,000.00.
5. Nathaniel used a different sim card and pretended to be Vanessa. He then texted and convinced Mark to buy his property at a higher price. Mark agreed because he thought it was Vanessa who texted him.
6. Miya sold her arrow to Aurora. They then executed a contract of sale, and included a provision regardingAurora's payment. Aurora, however, paid nothing.
7. Kathyorally committed to pay Bobby's loan from Raphie.
8. Esteban owns a farm in Cavite. He raises chickens, pigs and cows. He entered into a contract of sale over all eggs that his farm will produce. At the time, there was no egg yet.
9. Terrence became insolvent, but without any court order. Ruth demanded payment from Terrence for his debt which is not yet due and demandable. Terrence then paid the debt.
10. Nacho and Sophie are both minor. They, however, entered into a contract of sale. Julia, Nacho's mother, acceptedthe payment of Sophie.
11. Ferdinand and Emeliza are husband and wife. During their marriage, Emeliza sold the conjugal home to Ferdinand.
12. Rudy called Mavic and committed to donate his car after their marriage.
13. Kaye and Alex entered into a written contract for the construction of Kaye's house. The contract, however,provides that construction will start five years after the execution of the contract.
14. Thirdy,a fifteen year old boy, sold his phone to Sarah for P20,000.00. The value of the phone is only P3,000.00.Sheryl disputes Wendy's possession of a parcel of land in Imus, Cavite. She claims that she inherited it from Danilo. Wendy, however, sold the parcel of land to Terrence, who knows Sheryl's allegations.

III. TRUE OR FALSE. Write True if the statement is true. Otherwise, write False.

• If Rowena becomes a creditor of Helga before Helga entered into a void contract of sale with Salazar, she can raise the defense of nullity of contract between Helga and Salazar.
• Natural obligations also grant a right of action to enforce their performance.
• A voidable contract can be enforced.
• A void contract cannot be ratified.
• A guardian may validly ratify a voidable contract entered into by his ward.