CHAPTER 8
QUESTIONS
Bautista, Norshelle S.
1. Does Statute of Fraud
required contract to be in formal that the contract be contained
written document?
2. T orally agreed to sell his
laptop to V for P11,500. Can V
enforce the sale?
3. You agreed to lease your
house to your friend for three
(3) years. Is the contract
enforceable?
Tenorio, Femalyn
1. When unenforceable contract
becomes voidable contract?
Valid contract?
2. Under the Statute of Fraud
what are those contracts that
must appear in writing in order
to be enforceable?
ANSWERS ARTICLE PAGE
1. The Statute does not require Article 1403 Pg. 447
in a formal written document.
The writing may be embodied in
a slip of paper, a letter, or a note
by means of any mechanical
device as long as it is intelligible
and records the intent of the
party.
2. This contract must be in Article 1403 Pg. 451
writing to be enforceable
against either party.
3. No, it must appear in writing Article 1403 Pg. 451
to become enforceable because
the period is longer than one (1)
year.
1. If the parent or guardian, as Article 1407 Pg. 454
the case may be, of either party,
or it one of the parties after
attaining or regaining capacity,
ratifies the contract, it becomes
voidable. If the ratification is
made by the parents or
guardians, as the case may be,
of both contracting parties, or
by both contracting parties after
regaining capacity, the contract
is validated and its validity
retroacts to the time it was
entered into.
2. Agreement not to be Article 1403 p(2) Pg. 449-
performed within a year; 452
guarantee or special promise to
answer for the debt, default or
miscarriage of the other;
agreement made in
consideration of marriage other
than mutual promise to marry;
an agreement for sale of goods,

3. Alex sold his parcel of land
orally to Tryll and Tryll paid a
25% down payment. Can Tryll
enforced the contract against
Alex?
Soriano, Clarisse Joy L.
1. If unenforceable contracts are
valid, how can they be
enforceable?
2. When both parties to a
contract are incapable of giving
consent, the contract is
unenforceable. How can it
become voidable?
3. Can the benefit of the Statute
be claimed or waved by a
stranger? Why?
Gatlabayan, Mark Bien I.
1. Enumerate the 3 kinds of
unenforceable contracts
2. Explain what is an
unauthorized contract?
chattels or things in action at a
price of P500.00 or more; lease
for more than one year sale or
real property or an interest
therein; and representation as
to credit of the third person.
3. Although the sale involves Article 1403 p(2) (e) Pg. 451
real property and although the
contract is oral, Tryll can
enforced the contract against
Alex. The contract is not
enforceable because Tryll
partially paid the purchase price.
1. Unenforceable contracts can Article 1403 Pg. 445
be enforceable when cured or
ratified according to law.
2. If the parent or guardian, as Article 1408 Pg. 454
the case may be, of either party,
or if one of the parties after
attaining or regaining capacity,
ratifies the contract.
3. No. It can only be claimed or Article 1408 Pg. 454
waived by one who is a party or
privy to the oral contract.
1. Those entered into the name Article 1403 Pg. 446
of another by one without, or
acting in excess of, authority;
those that do not comply with
statute of frauds; and those
where both parties are
incapable of giving
2. UC are those entered into in Article 1403 Pg. 446
the name of another person by
one who has been given no
authority or legal representation

3. When can unenforceable
contracts become a valid
contract?
Gravito, Danica M.
1. In 2018, A’s guardian (G)
entered into a contract with his
name and this year A just turned
to legal age. Can be the contract
considered unenforceable with
the grounds of “unauthorized
contracts”?
2. What happens when a
contract entered by parties who
are both incapacitated is ratified
by the guardian of one of the
parties?
3. What happens when a
contract entered by parties who
are both incapacitated is ratified
by the guardians of both of the
parties?
Malveda, Jona Lane N.
1. Unenforceable contracts
although _____, are ____ in
court unless they are cured or
ratified
2. When does the English
Parliament enacted a statute to
or who has acted beyond his
powers.
3. If the ratification is made by Article 1408 Pg. 454
the guardians, as the case may
be, of both contracting parties,
or by both contracting parties
after attaining or regaining
capacity, the contract is
validated and its validity
retroacts to the time it was
entered into.
1. No, since A last year was still a Article 1403 Pg. 446
minor and was incapacitated, G,
A’s guardian has the authority or
legal representation to
represent A provided that he
didn’t act beyond his powers
which makes the contract valid
and enforceable
2. The unenforceable contract Article 1407 Pg. 454
becomes a voidable contract
3. The unenforceable contract Article 1407 Pg. 454
becomes a valid contract
1. Valid, unenforceable. Article 1403 Pg. 445
2. 1677 Article 1403 Pg. 446
encounter the evil practice of
giving false testimony in actions
founded on certain kinds of
contracts?

3. It was made before the 3. Donations propter nuptias or Article 1403 Pg. 451
celebration of marriage, in donations by reason of marriage
consideration of the same and in
favor of one or both of the
future spouses.

Biag, John Paul T.

1. Mario used the name of 1. No. It is a contract that Article 1403 Pg. 446
Manny to enter into a contracy indicates a defect that render it
without the authority of the unenforceable.
latter. Is the contract
enforceable? Why?

2. What are the modes of 2. a) By failure to object to the Article 1405 Pg. 452-
ratification under the Statute? presentation of oral evidence to 453
prove the contract
b) By acceptance of benefits
under the contract

3. What will be the effect when 3. Its validity retroacts from the Article 1407 Pg. 454
an unenforceable contract time the contract was entered
becomes a valid contract? into

Canja, Benedict B.
1. A agreed to lease his house to 1. No. If the agreement is Article 1403 (pr. 2) Pg. 451
F. However, F is already 2 partially executed, the contract
months into his rental of the doesn’t need to be in writing.
condominium unit of A. Does
the contract must be in writing
to be enforceable?

2. G, a personal accountant of 2. Yes. G acted beyond his Article 1403 Pg. 446
M, bought a table under the powers.
latter’s name out of good will. Is
the contract unauthorized?

3. H and Y entered a contract 3. Yes. An Infinity stone is a Article 1403 Pg. 446
where Y will give H an infinity
stone. Is the contract
unenforceable?
Meneses, Nico A.
1. When the two parties are not
capable of giving, is the contract
is enforceable?
2. X and Y entered into an oral
contract on Dec 30. Is the
contract is enforceable if the
contract was ratified on the
same day?
3. Those do not complied with
Statute of Frauds is enforceable.
TRUE OR FALSE
Manlangit, Czarina Joy B.
1. If an agreement fails to
comply with the Statutes of
Fraud, yet meets all the criteria
of a valid contract, will it still be
enforceable?
2. What makes a contract
unenforceable?
3. Callie sells a set of jewelry to
Laura. The contract is oral. Steph
binds herself in writing for the
performance of Laura to fulfill
her obligation to pay the
purchase price. What right of
action does Steph have between
Callie and Laura’s contract?
fictitious object. It is outside of
commerce of men, thus,
rendering the contract
unenforceable.
1. NO, simply because the Article 1403 Pg. 446
incapability of the two parties to
do the obligation is the failure to
fulfill the contract. Therefore it
becomes voidable
2. Yes, because once the Article 1403 Pg. 444
contract was ratified, this
contract may then be
enforceable and valid.
3. False, it was stated in the Article 1403 Pg. 444
second of part of article 1403
1. No. The contract is Article 1403 Pg. 446
unenforceable in court, unless
ratified.
2. (1) If the contract entered into Article 1403 Pg. 446
is in the name of another by one
without, or acting in excess of
authority;
(2) If the contract does not
comply with the Statues of
Fraud; and
(3) If both parties of the
contract are incapable of giving.
3. Steph, being a stranger to the Article 1408 Pg. 455
contract cannot assail the
contract between Callie and
Laura for being unenforceable
under the Statutes of Fraud.
Manuel, Elomaisa Joy M.
1. _______ are those entered 1. A. Unenforceable contracts Article 1403 Pg. 446
into in the name of another
person by one who has been
given no authority or legal
representation or who has acted
beyond his powers.
a. Unauthorized contracts
b. Unenforceable contracts
c. Illegal contracts

2. What is the purpose of
Statute of Frauds?
2. The Statute of Frauds has Article 1403 Pg. 447
been enacted not only to
preveny fraud but also to guard
against the mistakes of honest
men.

3. Kath owes James P30,000 3. No, unless the promise is in Article 1403 Pg. 449
with Sid as guarantor. Here, Sid writing and signed by Sid.
orally promise to answer for the
debt of Kath in case Kath fails to
pay the same. Does the promise
of Sid is unenforceable?

Bariring, Margarita C.
1. What are the two modes of 1. By failure to object to the Article 1404 Pg. 453
cleansing the contract from all presentation of oral evidence to
its defects under the Statute? prove the contract
By acceptance of benefits under
the contract

2. Both parties are incapable of 2. It will be unenforceable. (no. Article 1403 Pg. 446
giving consent, what happens to 3 in the kinds of unenforceable
the contract? contracts)

3. If B, the parent of one of the 3. It will be validated and will Article 1407 Pg. 454
contracting parties C, and F, the retroact to the time it was
guardian of G made the entered into.
ratification, what happens to the
contract?

Jimenez, Felice
1. A and B, before their
marriage, agreed on the
paternity of the illegitimate child
of Y verbally. Is the contract
enforceable?
1. No, because any agreement in Article 1403 Pg. 450
consideration of marriage other
than mutual promise to marry is
within the scope of the Statute
of Frauds. And to be

2. According to the agreements
within the scope of the Statute
of Frauds, any contract for the
sale of goods for the price of 500
pesos or more must be in
writing. What are the exceptions
to this rule in which an oral
contract for the sale of goods of
500 pesos or more will be
enforced?
3. Give the two modes of
ratification under the Statute of
Frauds
Mariano, Alaina Dominique V.
1. Give at least four (4) kinds of
contracts that are
unenforceable, unless they are
ratified, UNDER THE STATUTE
OF FRAUDS
enforceable, it must be in
writing.
2. If there is delivery or partial or Article 1403 Pg. 451
full payment, in which case, it is
taken out of the operation of
the Statute of Frauds and the
contract may be enforced even
if it was made orally.
(1) By failure to object to the Article 1405 Pg. 452-
presentation of oral evidence to 453
prove the contract.
(2) By acceptance of benefits
under the contract.
1. Agreement not to be Article 1403 Pg. 449-
performed within one year from 452
the making thereof
2. A special promise to answer
for the debt, default or
miscarriage of another
3. Agreement made in
consideration of promise to
marry
4. Agreement for sale of goods,
chattels or things in action at
price not less than 500;
exception: auction when
recorded sale in sales book
5. Agreement for lease of
property for more than 1 year &
sale of real property regardless
of price
6. Representation as to credit of
another
2. Anton agreed to lease his 2. False. It is an agreement Article 1403, Pg. 451
house to Beth for 3 years. This is leasing for a longer period than Agreements within (5)
enforceable though not appear one year. This must appear in the scope of Statute
in writing. This statement is true writing to be enforceable unless of Frauds,
or false. it is partially executed. Agreement not to
be performed
within one year
from the making
thereof

3. Strangers to a voidable 3. True Article 1408 Pg.454

contract cannot bring an action
to annul the same; neither can
they assail or question a
contract because of its
unenforceability. Is it true or
false?

Silos, Gian Selwyn Joy

The following contracts, all of 1. I and II, because an Article 1403 Pg. 451
which are executory and not in agreement for the sale at price
writing, are presented to you for not less P500, the contract must
evaluation: be in writing to be enforceable.
I. Sale of a piece of land for
P50,000
II. Sale of a computer for
P20,000
III. Lease of a truck at P1,000 per
month for 2 years

1. What contracts are

unenforceable?

2. When unenforceable contract 2. Where both parties to a Article 1408 Pg. 454
becomes a voidable contract? contract are incapable of giving
consent

3. X and Y mutually promised to 3. Yes, in order to be Article 1403 Pg. 451

sell and buy a guitar at price of enforceable against either party.
10,000. Is the contract must be
in written form?

Caparas, Jessner R.
1. Where both parties to a 1. Unenforceable Article 1403 Pg. 446
contract are incapable of giving
consent, the contract is
___________ .
2. Neil and Kenneth entered into
a contract whereby Neil will buy
a land from Kenneth. In the
contract, it is stated that Neil is
acting as the agent of Frank and
that the land is intended for
Frank. Frank never authorized
Neil to buy a land from Kenneth.
Is Frank bound to Kenneth?
3. True or false: Contracts that
do not comply with the Statute
of Frauds are enforceable.
Buenaflor, Pia Josette S.
1. Ryan orally sold his car to
James for P200, 000. Both
parties agreed that the car
would be delivered the following
day. James gave P40, 000 as
partial payment to Ryan. Is the
sale enforceable even if the sale
was made orally?
2. In what case is the contract is
no longer executory and,
therefore, the Statute does not
apply?
3. Mary verbally agreed to sell
her car to Denzel for
P950,000.00. The parties agreed
that delivery of the car as well as
payment of the purchase price
will be effected on October 15,
2016. On October 15, 2016,
Mary refused to honor the
verbal agreement, and turned
down Denzel’s demands for her
to deliver the car or his tender
of the P950,000.00 purchase
price. Denzel then filed an action
in court for specific performance
to enforce their verbal contract
of sale. What will happen in this
case if the lawyer of Mary
2. No, because this contract is Article 1403 Pg. 444
unenforceable against Frank
since it is an unauthorized
contract.
3. False, it is unenforceable Article 1403 Pg. 446
1. Yes, because according to Article 1405 Pg. 452
Article 1405, when a party to a
contract receives the benefits
from the contract, the Statute of
Frauds no longer applies and
hence the contract is
enforceable.
2. By accepting the benefits Article 1405 Pg. 453
under the contract.
3. In this case, if the lawyer of Article 1403 Pg. 445
Mary objects, Denzel will not be
allowed by the court to present
oral or testimonial evidence to
prove the existence of their
verbal contract of sale. This is
because a verbal contract of sale
of personal property where the
consideration is not less than
P500.00 must be in writing in
order to be enforceable even
between the parties.
objects?
Maaño, Crista Grace L.
1. Under the statute of Frauds,
certain contracts are required to
be in writing to be enforceable.
Is an agreement for the leasing
for a longer period than one
year of a personal property
enforceable?
2. Who is allowed to claim right
to defense of unenforceability?
3. How do you define an
unauthorized contract?
Bosi, Rosel
1. True or False, and explain.
Strangers to voidable contract
can’t bring an action to annul
the contract.
2. What is written under Article
1408?
3. Why is the Statute only
applicable to completely
executory contracts and not to
contracts which are totally or
partially executed?
Faustino, Maria Joshie H.
1. True or False. The contract is
unenforceable when one of the
parties of the contract is
incapable of giving consent.
2. An unenforceable contract,
under the incapability of both
1. Yes. If the object of the lease Article 1403 (2)(e) Pg. 445
is personal property, the
contract is enforceable
regardless of the length of the
lease period.
2. Only the contracting parties Article 1408 Pg. 454
because unenforceable
contracts cannot be assailed by
third parties.
3. Those entered into the name Article 1404 Pg. 446
of the other person by one who governed by Article and 452
he’s been given no authority a 1317
legal representation or who has
acted beyond his powers.
1. True. The benefit of the Article 1408 Pg. 454
Statute can only be claimed or
waived by one who is a party or
privy to the oral contract, not by
a stranger.
2. Unenforceable contracts Article 1408 Pg. 454
cannot be assailed by third
persons.
3. The reason is that partial Article 1403 Pg.447
performance, like the writing,
furnishes reliable evidence of
the intention of the parties or
the existence of the contract.
1. False. The contract can only Article 1407 Pg. 454
be unenforceable if both parties
of the contract are incapable of
giving consent.
2. …if the parent or guardian of Article 1407 Pg. 454
either of the party or if one of
parties to give consent, can only
become voidable if…
3. Contracts that are entered
into in the name of another
person by one who has been
given no authority or legal
representation or who has acted
beyond his powers.
Albaño, Jaicyl Anne
1. When can unenforceable
contract be given effect in a
court of law?
2. X, the brother of Y, noticed
that there was a defect in a
contract of Y and Z. Has X the
right to annul the contract?
3. What are the rights of the
third person to question a
contract?
Santos, Meribe B.
1. When unenforceable
contracts in court are cured or
ratified it may?
2. The contracts is validated and
its validity retroacts to the time
when?
3. Contracts that were
participated by two parties
which incapable of giving
consent are enforceable. T/F
Villadiego, Mark Anthony Q.
1. A contract who is named after
another person is enforceable
only when?
them attain or regain capacity,
ratifies the contract, the
contract becomes voidable
3. Unauthorized contracts Article 1403 Pg. 446
1. Unless they are cured or Article 14 p3 Pg. 445
Ratified
2. No. Third person holds no Article 1408 Pg. 454
right about a contract.
3. None, they cannot bring Article 1408 Pg. 454
action because of its
unenforceability.
1.Once ratified, these contracts Article 1403 Pg. 762
may then be enforceable.
2. If the ratification is made by Article 1408 Pg. 784
the parents or guardians as the
case may be, both of contracting
parties, after attaining or
regaining capacity.
3. False. Those persons who are Article 1403 Pg. 762
incapable of giving consent are
not allowed to take part in a
contract.
1. The contract is ratified Article 1403 Pg. 761
2. Can a contract entered by
persons who are incapable be
enforceable?
3. T/F. A contract which violates
the statute of frauds can be
enforceable
Alfajaro, Ma. Annaliza A.
1. A owes J P100,000 with H as
guarantor. H has a promise that
he will pay J what A owes him.
There is no writing existing that
H has promised this. Is H's
promise unenforceable?
2. Can a third person assail an
unenforceable contract?
3. F, a minor entered into a
contract with C who is also
incapable of giving consent. F's
guardian ratified the contract. Is
the contract still unenforceable?
Tecson, Harley L.
1. True or False. When both
parties to a contract are
incapable of giving consent, the
contract is unenforceable.
However, if the parent or
guardian of either party, or if
one of the parties after attaining
or regaining capacity, ratifies the
contract, it becomes valid.
2. True or False. An
unenforceable contract
becomes a valid contract when
the parent or guardian of both
2. No, according to article 1403, Article 1403 Pg. 761
only those contracts which are
entered by capable persons are
enforceable though contracts
entered by incapable persons
can be enforceable given that it
was ratified.
3. False. According to article Article 1403 Pg. 761
1403, it may not be enforceable
but it can be by ratifying it.
1. No. It is enforceable. Even it Article 1403 Pg. 449-
was made verbally, it is 450
enforceable as it is not a
collateral "promise to answer
the debt, default, or miscarriage
of another."
2. No because according to Article 1408 Pg. 454
Article 1408, unenforceable
contracts cannot be assailed by
third persons.
3. No. If the parent or guardian Article 1407 Pg. 454
of either party ratifies the
contract, it becomes voidable.
1. False, because it only Article 1407 Pg. 454
becomes voidable
2. True, because as both parties Article 1407 Pg. 454
and not only one has ratified the
contract, the contract has been
cleansed from its defects.
parties, or if both parties after
attaining or regaining capacity,
ratifies the contract.

3. How does an unenforceable
contract due to parties being
incapable of giving consent be
voidable?
3. When the parent or guardian Article 1407 Pg. 454
of either party, or if one of the
parties after attaining or
regaining capacity, ratifies the
contract

Bagacay, Cynthia Marie P.

1. S orally sold his radio to Y for 1. No, because the payment of Article 1403 Pg. 451
P450. Y made a partial payment. the radio is less than P500 and
The parties agreed that the the the other party made a
radio would be delivered and partial a payment.
the remaining price is to be paid
the following day. In this case,
does the contract of sale must
be in writing to be enforceable?
Why or why not?

2. Who can claim or waive the 2. A party or privy to the oral Article 1408 Pg. 454
benefit of the Statute? contract.

3. Y and Z mutually promised to 3. Writing Article 1403 Pg. 449

sell and buy a gold necklace for
P10,000. Under the agreement
within the statute of fraud, to be
enforceable, the contract must
be in the form of ________.

Azarcon, Shania Via D.

1. The following are kinds of 1. B. One given authority, the Article 1403 Pg. 446
unenforceable contracts except: action of an agent is as binding
a. Those entered into in the as the action of the principal,
name of another by one without unless the agent acted in excess.
or acting in excess of authority
b. Those entered by an agent
who was given authorization by
the principal
c. Those that do not comply with
the Statute of Frauds
d. Those where both parties are
incapable of giving consent.

2. An unenforceable contract 2. C. The guardians giving both Article 1407 Pg. 454
between parties who are of their consent equates to the
incapable of giving consent meeting of the two parties
becomes valid when: minds, making the contract
a. If the parent or guardian of valid.
either party ratifies the contract
b. If a 3rd party ratifies the
contract
c. If the ratification is made by
the parents or guardians of both
contracting parties
d. None of the above

3. Fill in the blanks. ART. 1408. 3. Assailed Article 1408 Pg. 454
Unenforceable contracts cannot and
be ________ by _________. third persons

Rival, Mel Jobert

1. What is the purpose of the 1. To prevent fraud, and to also Pg. 447
statute of frauds? guard against mistakes of honest
men by requiring that certain
agreements be in writing.

2. How can an unenforceable 2. (1) If a legal guardian or Pg. 454

contract be a voidable contract parent ratifies the contract
instead? Give 1 answer. (2) If one of the parties gained
capacity and ratifies the contract

3. Donation propter nuptias is 3. Donation by reason of Pg. 451

also known as? marriage

Sipsip, Jamezel Anne S.

1. D was checking out of a hotel 1. If D cannot pay, M cannot Article 1403 Pg. 449
when he found out that he had enforce the promise of G since
lost his wallet. Since he had no G’s promise is not the writing
money to pay his bills, he texted required by law.
G, a businessman friend to help
him. Upon reading the text
message, G texted M, the hotel
manager, who knew G since G
was a frequent guest at the
hotel whenever he visited the
area. The text message read:
“Please let D leave. If he does
not pay, I will be the one to
pay.” No other information was
contained in the text message.
Thereafter, D signed a
promissory note in favor of the
hotel. Is the promise of G
enforceable?
2. S sells a parcel of land to B.
The contract is oral. C binds
himself in writing for the
performance by B of his
obligation to pay the purchase
pay. Has C the right to enforce B
of his payment to S? Explain.
3. An agreement not
enforceable by law is said to be
__________
Hernales, John Paul H.
1. A written instrument was
made between A and Y Whereby
A act on behalf of B without the
latter’s consent. Is it possible for
Y to call the court of justice for
the fulfillment of the contract?
2. On April 1, 2018 J and P
entered into a written contract
for the construction of P’s
house. It was stipulated that the
construction shall begin on May
2, 2019. Is the fulfillment of the
contract enforceable on May 2,
2019?
3. On April 1, 2018 J and P
entered into an oral contract for
the construction of P’s house. It
was stipulated that the
construction shall begin on May
2, 2019. On May 2, J accepted a
down payment of the services
from P. Is the contract
enforceable?
Rias, John Clark A.
1. Can one use a name of
another with just legal
representation?
2. No, because C cannot assail Article 1408 Pg. 455
the contract between S and B
for being unenforceable under
the Statute of Frauds. C is a
stranger to the contract.
3. Valid Article 1403 Pg. 445
1. This contract is unenforceable Article 1317 Pg. 327
because A acted without having Article 1403 Pg. 446
the authority or legal power to
act on B’s behalf. Although it is
valid, the parties cannot be
compelled by the court to the
fulfillment of the stipulations
unless ratified by B.
2. Yes, an agreement that by its Article 1403 Pg. 452
term is not to be fulfilled within
a year from the making thereof
is unenforceable unless a
written instrument has been
made to serve as an evidence of
the existence of the said
agreement/contract.
3. The contract is enforceable Article 1405 Pg. 452
because J has accepted a benefit
under the contract
1. Yes. Article 1403 Page
761-PDF
Version
2. Sean owes P5000 to Kingston 2. No. Beauty cannot be Article 1403 Page
with Beauty as guarantor. compelled given that Beauty 770-PDF
Beauty has a special promise of should only pay when Sean fails Version
paying Sean's debt when he fails to do so.
to pay. Can Beauty be compelled
by Kingston to pay if Sean's debt
is not yet due given that
Beauty's promise is in writing
and is signed by her?

3. What will happen in a 3. It will be unenforceable Article 1403 Page

contract entered by someone 761-PDF
who acted beyond his powers? Version

Despabiladeras, Harvey M.
1. T/F Unenforceable contracts 1. True. Strangers to a voidable Article 1408 Pg. 454
cannot be assailed by third contract cannot bring an action
persons. to annul the same.

2. T/F To be enforceable, a
contract does not have to be in
writing.
2. True. General rule, Contracts Article 1356 Pg. 388
are binding whatever may be
the form in which the contract
has been entered into provided
all of the essential elements are
present.

3. T/F Where both parties to a 3. False. The contract is Article 1403 Pg. 445
contract are incapable of giving unenforceable, unless they are
consent, the contract is ratified.
enforceable.

Cajanding, Jomer P. Answers Article Page No.

1. Article 1443 requires a writing 1. Proof Article. 1403 Pg.765
not for validity of an express (pdf)
trust but for purposes of _____.

2. On what case does the 2. If ratification is made by the Article. 1407 Pg.783
contract shall be validated from parents or guardians, as the case (pdf)
the inception? may be, of both contracting
parties.

3. Unenforceable contracts 3. Third person Article1408 Pg.784

cannot be assailed by? (pdf)
Operio, Shiela Mae C.
1. True or False. Unenforceable 1. True Article 1408 Pg. 454
contracts cannot be assailed by
third persons.

2. True or False. Contracts that 2. True Article 1405 Pg. 452

are required to be in writing
under the Statute of Frauds may
be enforced if benefits have
been accepted under them.

3. A written contract of sale of a 3. This contract is valid but Article 1403 Pg. 444
specific car between S and B. unenforceable in court unless it
The car actually belonged to O is cured or ratified.
and was sold by A in the name
of O without the latter’s
authority. The car is still in the
possession of O although B has
remitted the price of P60,000 to
S. What is the binding force of
this contract?

Guong, Angela Nhycole

1.B offers to sell his property to 1. Yes. The statute of Fraud is Article 1403 Pg. 766
P orally. P accept the offer and only applicable to a completely (De Leon,
made a down payment. Is the executory contracts. pdf
contract enforceable? version)

2. B and X are both minors who 2. When both contracting Article 1407 Pg. 784
entered into a contract. What parties, after they attained (De Leon,
action should be executed to capacity, ratifies the stipulations pdf
make the contract valid? in the contract version)

3. S, a minor and D an insane 3. when one of the guardians of Article 1407 Pg. 784
person entered into a contract. the contracting parties gives his (De Leon,
Give the rule to make the ratification to the contract pdf
contract voidable. version)
Manlapig, Gabrielle Joy Y.
1. Unenforceable Contracts are 1. Enforced; Court Article 1403 Pg. 445
contracts that cannot be
e______ or given effect in a
c_____.

2. Are Unenforceable Contracts 2. Yes, however, they are not Article 1403 Pg. 445
valid? legally binding.

3. Complete the sentence: 3. Unauthorized contracts; Article 1403 Pg. 446

“U_______ c______ are another; no authority; legal
contracts entered into in the representation
name of a______ person by one
who has been given n__
a_______ or l______ r_______
or who has acted beyond his
powers.”

Mortel, Famela L.
1. Modified True or False. 1. False. Unauthorized contracts. Article 1403 Pg. 446
Unenforceable contracts are
those entered into in the name
of another person by one who
has been given no authority or
legal representation or acted
beyond his power.

2. How may contracts violating
the Statute of Frauds be
ratified?
2. (1) by failure to object to the Article 1405 Pg. 453
presentation of oral evidence to
prove the contract.
(2) by the acceptance of
benefits under them.

3. Do and Re both promised to
sell and buy a drum set at a
price of 15 000. Re paid the
partial payment of the drum set.
Does the contract may be
enforced although it was made
orally?
3. Yes because there is partial Article 1403 Pg. 451
payment which it is taken out of
the operation of Statute of
frauds and is enforceable
though made orally

Transfiguracion, Cayla Mae L.

1. A agreed to lease his 1. Yes, because there is a written Article 1403 Pg. 449
apartment for 14 months. They contract.
both signed a contract that
constitutes the agreement. Is
the contract enforceable?
2. D owes C P12,000 with G as 2. No, because G didn’t give a Article 1403 449
guarantor. G promised to pay promissory note or a written
for the debt if D failed to pay. D contract with C.
didn’t pay and cannot be found,
can C enforce the liability to G?
3. A enters into an oral contract 3. Yes, since A accepted the Article 1405 Pg. 452
to sell his land to B. B fulfils his payment which indicates his
part for the payment. Can B ratification of the contract.
compel A to put the contract in
a public document?

Dela Cruz, Paul Vincent

1. Contracts entered into the 1. True Article 1403 Pg. 444
name of another person without
his authority is valid.

2. A contract which is valid 2. Unenforceable Contract Article 1403 Pg. 444

however is not legally binding.

3. D sold his refrigerator to A for 3. Both of them are not legally Article 1403 Pg. 444
the price of 1500 pesos, the sale binding.
is made orally. D also sold his
only land on Taguig to B for
100000 pesos which is also
made orally. Which one of the
sales are not legally binding
according to law?

Alfelor, Edmar Angelo D.

1. True or False — Unauthorized
contracts, even if ratified, are
considered unenforceable
2. Give an example when an
unenforceable contract can
become a voidable contract?
3. State two (2) agreements
within the scope of the Statute
of Frauds.
False. Contracts are valid and Article 1403 (1) Pg. 444
enforceable if they are ratified
If one guardian of the two Article 1408 Pg. 454
parties, where both cannot give
consent, ratifies the contract
3. (1) Agreement not to be Article 1403 Pg. 444
performed within one year from 449-452
the making thereof
(2) Promise to answer for the
debt, default or miscarriage of
another
(3) Agreement in consideration
of marriage other than mutual
promise to marry
(4) Agreement for sale of goods,
etc. at price not less than
P500.00
(5) Agreement for leasing for a
longer period than one year

Dela Cruz, Yzhraelle Faith R.
1. Difference between
unenforceable contracts and
unauthorized contracts
2. Difference of an
unenforceable contract
becomes voidable and valid
3. Assail an unenforceable
contract
(6) Agreement for the sale of
real property or of an interest
therein. (7) Representation as to
the credit of a third person
1. Unenforceable contracts are Article 1403 Pg. 446
those that cannot be given
effect in a court of law because
of certain defects unless ratified.
Unauthorized contracts are
those that are entered into the
name of another person without
authority or representation.
2. It is voidable when both Article 1407 Pg. 454
parties are incapable to give
consent while it is valid when
ratification is made by having
consent by both guardians of
the parties
3. Third persons cannot assail an Article 1408 Pg. 454
unenforceable contract; this can
only be claimed or waived by
one of the parties as a defense