BALICO, RIO GENE P.

BSCA–2A LAW 1

VOIDABLE CONTRACT

1. Keiferis well-known as a basketball player in their university,he is also the best varsity
among his colleagues and no doubt he became the team captain. Being the leader of the
group for three consecutive years Keifer always did his very best during the game and even
the day of training. One day before the game,Keifer had no idea why his coach told him
that they should not win the game or else he will be kick-out in the basketball team. Even
though how many times he argued and tried to beg for the sake of his team because he is
the captain. Keifer is not able to refuse but to accept the decision made by their Coach.
(intimidation)

2. Peter and Paul are identical twins. Peter has the owner of bakery shop in their town while
Paul has an unstable job. Saturday morning, Paul caught by a CCTV in a nearer shop from
their house. He stole 2 smart phones and 1 laptop and after that he vanished in the town.
Monday afternoon around 2 pm, Peter was shocked because the three policemen suddenly
entered his bakery and arrested him. When they arrive at the police station Peter
explaining and complaining that the thief caught by the CCTV was his brother and not him.
(mistake/error)

3. Since her elementary years Alexa is always top 1 on their class and she’s graduated with
flying colors. Now, Alexa is a 1st year college student and running as the rank no. 1 of the
dean’s lister in their class. After the semestral break, their adviser announced that the
names of the following dean’s lists were on the board near at the guardhouse. Alexa,
immediately go outside to see the result because of the excitement but unfortunately she
didn’t expect what she saw on the board but to accept the truth that the daughter of their
adviser was the rank no. 1 even though she deserves more than that place. Alexa wanted to
confront her adviser about what happened but she’s thinking that it still useless because
teachers are more powerful than students. (intimidation)

4. Lita and Abby are childhood friends. One day during the 18th birthday party of Abby. All the
family members are busy preparing foods and giveaways for the invited guests. Abby as a
celebrant invited her classmates and of course her childhood friend, Lita. Abby left her
Iphone 10 on the table while fixing her gown inside the room. When Lita saw Abby’s phone
she quickly gets it and put inside her bag. After the party Abby find her phone to take a
selfie together with her friends but Lita told Abby the she need to go home first. A week
later, Abby saw her phone in Lita’s cousin and she immediately ask where did she buy it?
And no hesitation she answered, Lita sold this phone and I bought this in affordable price.
She knew that Lita is a trusted friend but she’s definitely wrong. Lita is a dishonest person.
(fraud)

5. Mary together with her group of friends planning to have their outing at Bukari, Leon on
next Saturday. When she arrived, her Mother is sitting and doing her office papers. Mary,
asking her Mother for permission if she allows to go to Leon togetherwith her friends but
her Mom refuses and told her that it’s not safe there aside it is far from their province.
Mary got mad and there’s nothing to do is to follow her Mother. (intimidation)
6. Jollie and Jollah are Identical twins. In the school Jollie is known as an achiever while her
sister is like a normal student, no activities. Tuesday during lunch time, Jollie has a quiz bee
competition in another school. Jollah was alone eating in the canteen suddenly there’s one
student throw a banana peel on her table for how many times she got easily irritated and
directly punched the face of the student then picked her things and went home. Next
morning the guidance counselor requested Jolliethat she should go there in the office
before lunch time because one student complained what happened last day and her name
was called. (mistake/error)

7. Joseph is the long-time driver and a guard of Donya Cecilia. She treated him as part of the
family. Every meetings and appointments of Donya Cecilia, Joseph had always been there
from the start up to the end. After 3 years, Donya Cecilia suffer from stage 2 cancer and got
confined for almost 8 months in the hospital. Joseph decided to sell the private car of
Donya Cecilia to his close friend, he made a fake documents in order his friend would
believe in him and would surely buy the car. (fraud)

8. Tony caught her young sister in his room that he is using an illegal drug. Tony suddenly saw
her sister standing beside to the door so he quickly grabbed her sister’s hand told her,
nobody will know this especially our parents or else I will kill you. Because of fear and
nervous her sister remains silent. (intimidation)

9. Lina is one of the top call center agents. Not knowing that her performance has a negative
effect in the company. She’s fooling her customers and to make it believe in something that
is not true. One day one of her customer went to their office complaining that one of the
agent in their company named Lina give assurance to her but all of it was a scam. The
customer wants the company to fired out the said agent, because of the attitude of it and
the agent is not good to stay in their company. (fraud)

10. Around 10pm Pedro is walking along the street while using his phone. Unexpectedly a guy
who’s wearing a mask and has a tattoos on his arms suddenly stopped in his front and said
he should give his phone and money or else Pedro will die; because of intimidation Pedro
quickly gave his wallet and phone then he ran faster as he could. (intimidation)
UNENFORCEABLE CONTRACT

1. Tessa is the daughter of Mang Isidro the owner of a 10-hectare property in their village. Her
father sold the 5-hectare of his property to his cousin, John who is a business man from
Australia. Mang Isidro and John had a verbal agreement that John would buy the land and
then he shall pay a whole amount before the day of New Year as also aChristmas gift to his
uncle. November25, Mang Isidro died because his motorcycle accidentally crushed under
the ten wheeler-truck. After a month John booked a flight to celebrate his Christmas
vacation in the Philippines together with his family and because John is also a business
minded person he went to Mang Isidro’s house but unfortunately only Tessa was there.
John wants to buy the 5-hectare property before he leaves in the country. But Tessa
strongly refuses that she would not want to sell her father’s land because that property is
only the reason why she is still staying in the village and for remembering his beloved
farther. Further, John could not force Tessa because there has no evidence even an
agreement in a written form about the selling of her father’s property.

2. Alyana bought a house from Cardo a written purchase and sale agreement. After taking
possession, Alyana discovers a small leak in a pipe in the crawl space of the house, but does
not take any action against Cardo for three years, the court decided that the contract was
unenforceable because Alyana’s delay, even though the Statute of Limitations had not
expired. The court of ruling was based on the doctrine of Laches.

3. Ana and Lou has an agenda about for their upcoming milktea business near at the school.
Since high school Ana and Lou were best friends and because of that they were became a
business partner. Ana and Lou both agreed that 50-50 of them for the shares to the
constructions, equipment, materials, people and etc,.Before a week to start and open their
business, Lou texted Ana that she would no longer be a part of their business. Ana wants to
complain and file a case against Lou about what happened because both of them are
responsible to all the payments. Sad to say, the partner has no proof of signature to the
contract for the said business.

4. Nancy is an old made of Mr. and Mrs. Reyes for almost 10 years. Nancy has a baby named
Grace. The next day Nancy talked Mr. and Mrs. Reyes that she needs to leave her child to
them because she cannot support the needs of her baby. The couple accepted the baby
because they don’t have a child. After how many years Nancy have a stable and descent life
that’s why she decided to came back to Mr. and Mrs. Reyes to get her baby. But the couple
refuses to give the child. Nancy file a case against to them and fortunately she won because
the couple has no evidences or even written contract.

5. Arthur bought a property from Niel through a written contract for sale. Eight years after the
purchase of Niel wanted to claim that the contract was unenforceable. The statute of
limitations for written contracts in Oregon is seven years and Niel would not be able to
challenge the contract.

6. Cynthia agrees to sell to Layla 100kgs of rice for P10,000.00. but there was a flood in the
province and all the rice crops were destroyed. Now, this contract is unenforceable and
cannot be enforced against either party.
7. Josh agrees to deliver 300 pavers to Charles at his home on Monday, for P15,000.00.
Charles pays Josh the full amount up front; but Josh fails to deliver the pavers on Monday.
When the pavers still haven't been delivered on the next day, Charles is angry and simply
wants his money refunded. But Josh didn't response. Since there is no receipt Charles can’t
get the refunds that he wants.

8. Hacienda Corp. is the owner of Faustino Villar and her sister Nina Villar. Since Faustino did
not do well, their Hacienda is in trouble. Faustino planned to sell their Hacienda in a lower
price without her sister’s permission. Marco got interested to buy the Hacienda of Faustino
because of his business sugarcane. Marco buy the hacienda without any agreement papers.
After a month Marco knew that Faustino sold the Hacienda to other client. All of them
argued about Hacienda but there’s nothing to do because they don’t have any documents
to show.

9. Gina went to the agency because she is planning to apply in other country. While she is
sitting there was a girl came and asking if she wants to apply in other country in an easy
way but before that she needs to pay P200,000.00., because Gina needed a work she
accept the offer of a girl. When Gina already gave the money the girl said that she needs to
wait after three days for her contract signing and Gina trusted that way. Three days ago
Gina is still waiting but still did not received any calls from the girl. Gina contacted the girl
for how many times but the girl didn’t response. The Police officers cannot help her
because she doesn’t have any proof.

10. Rain and storm are close friends. One day both of them decided to swap their gadgets and
they agreed just for fun. After a week Rain destroy the gadget of Storm, so he decided to
confront about what happened. Storm get angry and said that if rain don’t pay he will file a
case against him, but rain said that he can’t do it because they don’t have any agreement
papers.
VOID CONTRACT

1. Fajar has a secret business at the squatter area, he is a popular drug dealer for almost 5 years
in Tondo, Manila. One day there are 2 men from Quezon City, wants to negotiate with him to
buy 350 pieces of sachet of marijuana. The agreement is, the buyers shall pay after Fajar
deliver the marijauana. On the day of delivery Fajar was already there in the said place for
almost 2 hours and in a half but the 2 men breached the agreement. Even Fajar was filled of
anger and disappointment of what happened but there’s nothing more he can do because if he
does complain to the police station both of them will arrested because the contract expressly
prohibited by law.

2. A group of thieves from the street make an agreement to steal a jewelries. After that, one of
the group does not receive a fair share, so he cannot take the others to court for not fulfilling
the contract, since the agreement is considered legally void.

3. Baasim is known as a 5-6 lender in their barangay. Many people were interested with his
business and Elena is one his borrower; she borrowed 10,000 pesos. After a week Baasim
always visiting Elena’s house but no one was there. He also tried to contact Elena’s phone
number for how many times but she didn’t response. Baasim decided to stop because even he
wants to file a case against Elena he doesn’t have any proof and he knew already that his
business is illegal.

4. Salcedo is the leader of fraternity group in the campus. During the hazing one of his members,
Jed suffered injuries on the leg and back part of his body that caused too much pain. Jed wants
to go to the hospital but he thinking his parents would ask what happened; so Jed choses to
keep quiet because his afraid that his parents may know that he is involved in the said
fraternity.
5. Mocha is prostitute in the city. One night, she went to a bar and sitting in the dimmed corner
holding a bottled-beer. In that moment there was a young man came and offer an agreement
to be with him in that night, then he said that he is willing to pay after that. Mocha accept the
offer of the young man and she followed him. The next day she woke up and the young man
has gone and did not obey in the said agreement. Mocha cannot complain because her job is
not acceptable and illegal.

6. Juanico agrees to pay Pedro an amount of P20,000.00 after four years against a loan of
P15,000.00. Juanico dies of lung cancer in four years. The contract is no longer valid and
becomes void due to the non-enforceable of the agreed terms.

7. Luis sold to Billy contraband articles for P15,000. Billy paid only P5,000 and dis not deliver all
the articles agreed upon. In this case, neither party has a right of action against each other. The
law will leave them where it finds them. Both shall be prosecuted and the price and the articles
shall be confiscated.
8. There are two snatcher standing in the corner. While Shine is walking in the street the two men
secretly following her and quickly grabbed her bag but Shine is fighting against the snatcher.
When the one guy got irritated he accidentally stabbed the knife on her stomach. The other
guy got mad because both of them agreed that they only steal and not to kill but he would still
remain silent because he was afraid to caught by the police.

9. Ben is known as a drug pusher in their barangay. One day the user in the other barangay
contacted to Ben that he ordered a 4 sachet of shabu and Ben agreed to him, then the user
give the full payment to Ben. In the next day the order came, the user complain that the shabu
that he ordered is incomplete. He can’t report the said case because it is illegal.

10. Tony sold to Ray his iPhone10 and cocaine, a prohibited drug, for only P75,000. The contract is
wholly void and unenforceable because there is one consideration for both the iPhone10 and
the cocaine. However, if the price of the Iphone10 is P40,000 and for the cocaine is P35,000
the contract, being divisible, is valid as the sale of the phone.
RESCISSIBLE CONTRACT

1. Binayis the guardian of Gloria a 17 years old. Binay sells the square meter portion of the lot
of Gloria worth P60,000.00 for only P55,000.00. The contract of the sale cannot be
rescinded because the lesion is not more than one-fourth. However, if the property is sold
for less than P55,000.00.Gloria can rescind the sale by proper action in court upon reaching
the legal age.

2. Andrew’s parents died in car accident and their family known as one of the richest in the
village. As the only child, Andrew has the legal right to receive the property of his parents.
He inherited the mansion worth P60,000,000.00 but Andrew was still a minor so his uncle,
Donie was appointed as his guardian. P39,000.000.00. In this case, Uncle Donie sold the
mansion for a lower price by more than one-fourth of its market value, to the prejudice of
his nephew w. Andrew can ask for the rescission of the sale.

3. Doris has a severe mental illness and has a guardian appointed. Korina is the guardian then
she signs contract for 42inc flat screen TV. Korina can then decide if they want to enforce
the terms, or cancel anf negotiate new terms. In this case, contract signed by incapacitated
party.

4. Enrile anticipated that Revilla would sue him soon for the unpaid debt and go after his
property so he donated the land to Ronald. In order to avoid paying Revilla. In this case,
Revilla became a creditor of Enrile before the donation.

5. Bonggo, already of legal age, he went to place that is not known, and was declared an
absentee. Bonggo’s step brother, Rodrigo was appointed as his representative. Bonggo
owned aninland resort worth P10,000.000.00. Rodrigo sold the inland resort for
P5,900,000.00. in this case, Rodrigo sold the resort for a price lower by more than one-
fourth of its market value, to the prejudice of Bonggo. Bonggo can ask for the rescission of
the sale.

6. Roxax is a grade-11 student and still a minor. As his guardian, Ninoy wants to sell his
motorcycle worth P20,000.00 for only P15,000.00. The contract of the sale cannot be
rescinded because the lesion is not more than one-fourth. Nevertheless, if the property is
sold for less than P15,000.00. Roxas can rescind the sale by proper action in court upon
reaching the legality.

7. Metz, the guardian of Tonet, a minor, was authorized by the court to sell two parcels of
land valued P200,000 each. Metz sold the two parcels to Romeo for only P200,000. In this
case, the entire contract need not to be rescinded. Rescission may properly be applied only
to one parcel to cover the damage caused by Metz. But Metz or Romeo is willing to pay the
difference of P200,000, rescission is precluded.

8. Saturday night Heart, went to a bar, while out drinking beer. Justinefinally talk Heart into
selling Heart’s Samsung laptop for a fair price, and she gave Heart a contract to sign. Sunday
afternoon when Heart woke up, Justine went to their house and she show up the cash to
get the Samsung Laptop but Heart refuses because she didn’t remember what happened
last night except that she was drunk. So, in this case the contract signed by a temporarily
incapacitated partly within reasonable time of returning capacity.
9. Amy sues Cony for the recovery of parcel of the land. In this case, the land is a ‘’thing under
litigation’’ if the pendency of the case, Cony sells the land to Ana without the approvals of
Amy or of the court, the sale is rescissible at the instance of Amy in case she wins in her suit
for the recovery of said land unless Ana is in legal possession of the land in good faith by
filing a notice.

10. George sold his only property in Davao, a portion of land with an area of 3,000 square
meters, to Zanjoe to defraud Robin, a creditor of George. If the value of 1/3 of the land is
sufficient to cover the damage caused to Robin, then the rescission shall only be to that
extent. The alienation with respect to the 2/3 portion is valid even if Zanjoe acted in bad
faith.