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 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.

36. Ms Curvy and Ms. Mamorge showed the title over the land demanded from Okok and Baki that they recognize their ownership over the land sold by Shrimp. In the present case:

a. an immediate right of warranty against eviction accrues to both Okok and Baki

b. Shrimp is still not liable for warranty against eviction for the property has not yet been delivered

c. Shrimp is still not liable for warranty against eviction the minimum requirement for the claim for such warranty is a valid suit filed against the buyers

d. Okok and Baki should not recognize their ownership and instead ask them to file their case in court.

37. Ms Curvy and Ms. Mamorge filed a case against Ms. Baki and Okok and a judgment which provides that Baki and Okok should deliver the land to the former was handed down on January 30, 2021. In the present case, on January 30, 2021:

a. Only Baki may claim warranty against eviction

b. Only Okok may claim warranty against eviction

c. Both Baki and Okok may claim warranty against eviction

d. Neither can, on that date, claim warranty against eviction

38. On January 15, 2021 Mr. Okok discovered that Ms. Shrimp's right to sell the property is only up to the extent of 50% of the property. In the present case:

a. Okok has the right of rescission for such right is available when there is lacking in area to the extent of at least 10%

b. Okok has the right of rescission for such right is available when there is lacking in area of more than 10%

c. Okok has the right of rescission for it is implied in reciprocal obligations

d. Okok has no right of rescission

39. On January 15, 2021 Mr. Okok discovered that Ms. Shrimp's right to sell the property is only up to the extent of 50% of the property. In the present case any right of Okok under the law should be claimed:

a. within 6 months starting January 15, 2021

b. within 6 months starting January 13, 2021

c. has not yet arise due to lack of delivery

d. after 6 months starting the date it is discovered

40. Assuming Mr. Ayo acquires the property by acquisitive prescription on January 30, 2021 and effectively evicted both Baki and Okok.

a. Only Baki has a right of warranty against eviction

b. Only Okok has a right of warranty against eviction

c. Both has a right of warranty against eviction

d. Neither has a right of warranty against eviction

PROBLEM IV: Mamorge have several property which is to be sold at auction, namely two pants, three shoes, five glasses and ten cups. Auctioner is Sexy.

41. In the present case, the minimum lots that all the properties of Mamorge would be sold would be:

a. one

b. two

c. three

d. four

42. In the present case, the minimum contract of sale that all the properties of Mamorge would be sold would be:

a. one

b. two

c. three

d. four

43. in the present case the each sale is perfected by:

a. shouting or saying the highest bid

b. fall of the gavel

c. by saluting if it is agreed

d. letters b and c

44. in the present case Mamorge may bid in the auction:

a. as a general rule

b. may bid in the auction if the right is reserved

c. may bid only if there are only a few bidders

d. may bid only if there is the consent of the auctioner

45. In the present case if instead of bidding Mamorge asks Mr. Macho to bid for her:

a. it is allowable as Mr. Macho is not an agent nor the seller in the auction

b. it is allowable because there maybe an inducement but it is Mr. Macho who chose to be induced

c. It is not allowable

d. none of the above

PROBLEM V:Ms Babe entered into a contract of sale for her toothbrush with Mr. Muscle stipulating that it would be payable in 10 monthly installments at Php 1,000 for each installment payable at the first day of every month starting this day. The toothbrush is delivered at the moment of perfection of contract

46. In case Mr. Muscle failed to pay the 2nd installment, as a general rule, Ms. Babe has the option to:

a. exact fulfillment of the obligation

b. cancel the sale

c. foreclose the chattel mortgage

d. all of the above

47. In case Mr. Muscle failed to pay the 2 installments, as a general rule, Ms. Babe may:

a. exact fulfillment of the obligation only

b. cancel the sale or exact fulfillment of the obligation

c. foreclose the chattel mortgage only

d. none of the above

48. In this case Mr. Muscle failed to pay the 2nd installment:

a. Ms Babe may foreclose the mortgage by procuring the possession of the toothbrush as payment of the debt

b. Ms. Babe may foreclose the mortgage and sell at public auction wherein the yield will be used for the payment of the price

c. Ms. Babe may foreclose the mortgage and sell at public auction wherein the yield will be used for the payment of the price however she cannot recover the unpaid balance from Mr. Muscle

d. Ms. Babe may not foreclose because there is no stipulation as to mortgage or foreclosure

49. In this case Mr. Muscle failed to pay the 2 installments Ms Babe may:

a. exact fulfillment of the obligation only

b. cancel the sale then exact fulfillment of the obligation if cancellation is not possible

c. cancel the sale and exact fulfillment of the obligation

d. cancel the sale only

50. In case Mr. Muscle failed to pay the 9th and the 10th installment, and it is stipulated that Ms. Babe may keep the installment payment:

a. Ms. Babe may keep the installment payment in all cases

b. Ms. Babe may keep the installment payment only if it is not unconscionable as determined

c. Ms. Babe may keep the installment payment only if it is unconscionable

d. The stipulation of keeping the installment payment is void