Subject:LawCourse:LAW001

FORMAT ON THE ANSWER

A. LAW

B. the facts as stated in the problem in RELATION TO THE LAW CITED

C. ANSWER

Example:

A. Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

B. In this case, the contract was perfected on January 2, 2021, precisely at the moment that Mr. Macho accepted Ms. Shrimp's offer and promised to buy the harvest. It was not perfected on January 1, 2021 because there was only an offer on that date which was not yet accepted. It was also not perfected on January 3, 2021 because perfection takes place by the concurrence of consent, not with the execution of a contract in writing.

C.Hence, the correct statement is letter B. The contract of sale between Ms Shrimp and Mr. Macho is perfected on January 2, 2021

Choose the correct statement and explain

Problem II: On January 9, 2021 Ms. Shrimp the 1000 sacks of rice to Mr. Sedyoser at a price of Php 1,000 per sack. The rice is located at a warehouse owned by Ms. Shrimp in Panglao Bohol. Ms. Shrimp also has a store located at 123 st. Tagbilaran City, Bohol. Mr. Sedyoser lives in Cebu. The rice may be transported via a ship which is named M/V Lunoron. It has been customary that when parties buys rice from Bohol, the sellers is responsible for placing it at the carrier.

26. Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. Ms. Shrimp is considered as an unpaid seller by virtue of a dishonored Bill of Exchange. However on January 9, 2021, Mr. Sedyoser already sold the same goods to Ms. Back Beauty in good faith and for value. In the present case:

a. Ms. Back Beauty acquires better right than Ms. Shrimp

b. Ms. Back Beauty acquires better right than Mr. Sedyoser

c. both a and b

d. Ms. Shrimp has better right than Ms. Back Beauty

27. Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. Ms. Shrimp is considered as an unpaid seller by virtue of a dishonored Bill of Exchange. Mr. Sedyoser is considered to have been in default for unreasonable length of time. Mr. Shrimp exercised her right of resale in a public auction, in the present case:

a. Ms. Shrimp cannot bid on the auction

b. Ms. Shrimp cannot bid on the auction only if she did not inform the other bidders of her intention to bid

c. Ms. Shrimp cannot bid on the auction on her own but may get an agent to bid for her

d. Ms. Shrimp is not only prohibited form bidding but also prohibited from attending at the auction

Problem III: As it turns out Ms. Shrimp did not own the land covered by Certificate of Title No. 1691 which contain an area of 1000 sq meters. Such land is co-owned by Ms. Curvy and Ms. Mamorge equally.

On a very nice day on January 11, 2021, Ms. Shrimp sold such land to Ms. Gwapapang Baki stipulating that the land is 1000 sq meters, sold at Php 1000/sq meters indicating the bounderies thereof. Sale was reduced in writing and notarized on the same date, signed by the parties. No title was transmitted nor shown. Ms. Curvy was present during the sale and in fact signed as a witness to the sale.

On a stormy day of January 12, 2021, Ms. Shrimp sold the same land to Mr. Nawng Okok. The property was properly described stipulating the same terms and the same price. The contract was reduced in writing and notarized on January 13, 2021. As proof of ownership Ms. Shrimp transmitted the Tax Declaration of the property no. 016019. The sale was reflected and registered at the back of the Tax Declaration

There is a squatter, Mr. Pormaray Ayo, to the land who claims ownership over the land by virtue of acquisitive prescription due to open, continuous, notorious possession of the land in the concept of owner for more than 40 years.

28. As to Ms. Shrimp and Ms. Gwapapang Baki:

a. The contract of sale is void

b. the contract of sale is voidable

c. the contract of sale is rescissible

d. the contract of sale is valid

29. As to Ms. Shrimp and Ms. Gwapapang Baki:

a. there is a probability that Ms. Baki would be legally evicted 100% of the property

b. there is a probability that Ms. Baki would be legally evicted 50% of the property

c. there is a probability that Ms. Baki would be legally evicted 25% of the property

d. there is no probability that Ms. Baki would be evicted

30. As to Ms. Shrimp and Mr. Okok:

a. The contract of sale is void

b. the contract of sale is voidable

c. the contract of sale is rescissible

d. the contract of sale is valid

31. As to Ms. Shrimp and Mr. Okok:

a. there is a probability that Mr. Okok would be legally evicted 100% of the property

b. there is a probability that Mr. Okok would be legally evicted 50% of the property

c. there is a probability that Ms. Okok would be legally evicted 25% of the property

d. there is no probability that Mr. Okok would be evicted

32. As to Mr. Ayo:

a. there is a probability that Mr. Ayo would be legally evicted 100% of the property

b. there is a probability that Mr. Ayo would be legally evicted 50% of the property

c. there is a probability that Mr. Ayo would be legally evicted 25% of the property

d. there is no probability that Mr. Ayo would be evicted

33. As to Mr. Ayo assuming his statements is true:

a. He will have a better right than Ms. Shrimp

b. He will have a better right than Mr. Okok and Mr. Baki for his right arises way before the sale

c. He will have a better right than Ms. Curvy and Ms. Mamorge because they lost their right upon the 30th year through prescription

d. He has no right over the property

34. Assuming Ms. Shrimp has the right to sell the property; among Ms. Baki, Mr. Okok and Mr. Ayo:

a. Ms. Baki will have the better as she has the oldest title thereof

b. Mr. Okok will have a better right for he is the first person who registers the sale

c. Mr. Ayo will have the better right for he is the possessor thereof

d. The property will remain with Ms. Shrimp for the sale is void.

35. Assuming Ms. Shrimp has the right to sell the property. On January 12, 2021, subsequent to the sale, Ms. Shrimp placed portable LCD projectors on the land to make it beautiful at night. As between her and Mr. Okok only:

a. Okok has the right to the projectors as they are considered fruits

b. Okok has the right to the projectors as they are considered accessories or accessions

c. Okok has no right over the projectors for although they are considered fruits but they were placed after the sale

d. Okok has no right over the projectors as they are considered accessories or accessions