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Peri refused to recognize the validity of the Deed of Assignment in favor of Rafi but continue to deposit the rental fees to Antonio's bank

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Peri refused to recognize the validity of the Deed of Assignment in favor of Rafi but continue to deposit the rental fees to Antonio's bank account. Rafi then filed a case for rescission of contract of lease. Resolve the following: (a) Decide whether or not the contract of lease should be rescinded. Explain your answer. (5 points) (b) Is Rafi the proper party to rescind the contract of lease? (5 points) 5. BEA Realty is a corporation engaged in the building and development of condominium units. Sometime in 2005, it started the construction of a condominium project called BEA Park Condominium Building located along Jorge St., Pasay City. However, printed advertisements were made indicating therein that the said project was to be built in Makati City. In December2005, Kate, agreed to buy a unit from the above project by paying a reservation fee and, thereafter, down payment and monthly installments. On June 18, 2006, respondent and the representatives of petitioner executed a Contract to Sell. In the said Contract, it was indicated that the condominium project is located in Pasay City. More than two years after the execution of the Contract to Sell, Kate, through her counsel, wrote BEA Realty a letter dated October 30, 2008 demanding the return of P800,500.00, representing the payments she made, on the ground that she subsequently discovered that the condominium project was being built in Pasay City and not in Makati City as indicated in its printed advertisements. However, instead of answering respondent's letter, petitioner sent her a written communication dated November 30, 2008 informing her that her unit is ready for inspection and occupancy should she decide to move in. Treating the letter as a form of denial of her demand for the return of the sum she had paid to BEA Realty, Kate filed a complaint with the Expanded National Capital Region Field Office (ENCRFO) of the Housing and Land Use Regulatory Board (HLURB) seeking the annulment of her contract with BEA Realty, the return of her payments, and damages. Resolve the following: (a) Resolve whether or not the contract to sell is a voidable contract. (5 points) (b) Resolve whether BEA Realty was guilty of fraud and if so, whether such fraud is sufficient ground to nullify its contract with Kate. (5 points)Discussion. Using the ILAC (Issue; Law; Application; and Conclusion) format resolve the issues with supporting law or jurisprudence. 1. On March 16, 2021, Sunni Corporation offered a retirement package worth Php10 Million to Salvador as an option for early retirement. The endorsement letter accompanied by the retirement package provided an instruction which stated "should you accept this offer for early retirement, kindly affix your signature above your name". On March 20, 2021, Salvador received the letter and the contract of retirement package but did not sign immediately the contract. After 30 days, Salvador mailed the retirement contract to his office with his corresponding signature indicating that he accepted the terms and condition of the retirement contract. On April 1, 2021, Sunni Corp. through its HR dept. sent a letter of withdrawal of offer to Salvador which duly received by his daughter Salve. Resolve the following: (a) Salvador claimed that there was already a perfected contract when he mailed the original copy of the retirement package contract to the HR dept. and he did not personally received the letter of withdrawal of offer. Decide whether or not the claim of Salvador is valid. (5 points) (b) Decide whether or not the offer was validly withdrawn. (5 points) 2. RC entered into a contract of lease with JT over a commercial space along C-4 Road, Navotas City for a period of 2 years. After a year, RC offered to sell the same property to JT for Php20 Million. RC gave IT the 1 year to decide whether to accept the offer. 10 months after the offer was made, RC sold the same property to Rovi for Php25 Million. Resolve the following: (a) When the original contract of lease expired, Rovi did not renew the contract and demanded JT to vacate the property. JT contended that he was deprived of his right of first refusal and that he had 2 months to decide on the option whether to accept the offer or not. Is JT's claim valid? (2issues here) (10 points) 3. Ram obtained a loan in the amount P10M with interest from Mar. As collateral, Ram offered his LB Bank bonds worth P15M for the payment of the principal loan. The said transaction was denominated as contract of sale. Ram defaulted his payment thus, Mar consolidated the LB bonds of Ram in his favor. Ram filed case for reformation of instrument before the Regional Trial Court of Quezon City. Resolve the following: (a) Decide whether or not the instrument denominated as Contract of Sale be reformed? (5 points) (b) Mar claimed that the contract of sale executed by Ram is valid because all the essential requisites of contract are present, therefore not subject to reformation. Do you agree? (5 points) 4. On February 19, 1994, Anton, as lessor, entered into a Contract of Lease with Peri, as lessee, over the subject lot and the improvements thereon owned and registered to Anton. The Lease Contract provides for a lease term of 20 years with monthly rentals at the following rates: (a) P5,000.00 beginning March 1994; (b) P6,000.00 after the 5th year; (c) P7,000.00 after the 10th year; and (d) 98,000.00 after the 15th year and until the termination of the lease, and for Peri to construct on the leased land a building that should become property of Anton upon termination of the lease contract, and to pay realty taxes for both the land and improvements. Sometime in May 2004, Anton died and Antonio, being an adopted son and heir of Anton, filed with the RTC of Malabon City a complaint for annulment of lease contract, against Peri, due to alleged breached of obligations under the contract of lease. Sometime in June 2004, Antonio signed an instrument named Deed of Assignment, assigning the rights of Anton in the lease contract to Rafi for a consideration of Php500,000.00

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