Sal offered to sell his house at Forbes Park to Leomord for damages which arises from later, B discovered
discovered that the watch was only
to Sahmgyup for 1, 000, 000 Pesos. Before
accepting the offer, Sahmgyup requested
Sal to accompany him to the location. What
stage of contract is this kind of scenario?
a.Preparation c.Perfection
b.Consummation d.Proposal
FIRST: If a bill is not acted upon by the
president within 30 days, the bill will not
become a law. SECOND: Once the president
disapproves a bill, Congress can no longer
do anything to make the bill an official law.
a.Both are false.
b.Both are true.
c.Only the FIRST is true.
d.Only the SECOND is true.
It overpowers the mind of the party as to
prevent him from acting understandingly
and voluntarily to do what he would have
done if he had been left to exercise freely
his own judgment and discretion.
a.Violence c.Threat
b.Undue Influence d.Deceit
Raul, an accountant, has a debt to Ralph.
Ralph wants to transfer or strip down Raul’s
title of being a CPA, to which Raul
voluntarily agreed because he has no more
money to pay his debt. Is their agreement
valid?
a.Yes, because when someone has a debt
they should do whatever the creditor
wants.
b.No, because this kind of object of a
contract is beyond the commerce of men.
c.No, because Raul cannot pay his debt.
d.Yes, because honorary titles can be
stripped down.
Refers to the false notion of a thing or fact
material to the contract:
a.Error c.Deceit
b.Intimidation d.Undue Influence
The conformity or concurrence of wills and
is the agreement of the will of one
contracting party with the others upon the
object and terms of contract.
a.Consent c.Acceptance
b.Offer d.Contract
Leomord, a student of Sana Halls
University, got into a physical fight with a
bunch of bullies inside the school premises.
Claude, a security guard of the said
university, along with other guards noticed
the commotion. Leomord was frightened
upon seeing the school guards so he
attempted to leave the area. Claude
approached the location to where the
event happened and he noticed that one
student, who happened to be Leomord,
tried to get away from the ruckus so he
chased after him. He shouted at Leomord,
ordering him to stop but the latter ignored
him. Claude was left no choice, he pulled
out his gun and shot Leomord. As a result,
Leomord was wounded. In this case, the
school, but not the security guard, is liable
what?
a.Delicts c.Contract
b.Quasi-contract d.Quasi-delicts
The parties contemplate a real fulfillment;
thus, equivalent values are given.
a.Onerous Contract
b.Commutative Contract
c.Lucrative Contract
d.Remuneratory Contract
Kori saw a Nike Airforce 1 on Shopee for
only Php800.00. Knowing that an original
Nike Airforce 1 costs around Php5,000.00,
Kori decided to order it despite also being
aware that the post doesn’t have any
reviews and ratings yet. Dana, the seller
messaged Kori saying “don’t expect quality
same as the original” before shipping the
order. When Kori’s order arrived after 2
weeks, he was disappointed by the cheap
quality of the shoes and how it is very
different from the original. Can Kori allege
Dana on the ground of mistake?
a.Yes, Dana is selling a fake version of the
shoes therefore she is subject to fraud.
b.No, Kori can not allege the seller on the
ground of mistake instead, he can allege
the seller on the ground of fraud.
c.Yes, what Kori received is different from
the original quality of the shoes.
d.No, Kori already knew beforehand the
risk so it is assumed that he was willing to
take chances.
Lea, a pianist, entered into a contract with
Jeff to teach him piano lessons starting on
February 3, 2020. However, Lea died on
December 28, 2019. Is Althea, daughter of
Lea, who also knows how to play the piano,
obliged to teach Jeff piano lessons?
a.No, if Althea did not inherit her mother’s
ability to play piano.
b.No, because the contract between Lea
and Jeff are not transmissible by their
nature.
c.Yes, because contracts take effect
between the contracting parties, their
assigns and heirs.
d.Yes, because Althea surely knows how to
play piano since her mother knows.
FIRST: The action for rescission is not
subsidiary, as it can also be instituted when
the party suffering damage has other legal
means to obtain reparation for the same.
SECOND: The action for annulment shall be
brought within five years, depending on the
ground.
a.Both statements are true.
b.The second statement is true.
c.Both statements are false.
d.The first statement is true.
S who knew that his watch was gold-plated,
told B that it was made of pure gold. B who
knew that his ring was embellished with
glass, told S that the embellishment was
ruby. Believing each other’s claim, they
entered into a contract of barter. A week
gold plated.
a.The contract may be annulled at the
instance of B since he discovered the fraud.
b.The contract may be annulled at the
instance of S since B also employed fraud.
c.Neither party may ask for annulment
since both are guilty of fraud. The contract,
therefore is valid.
d.The contract is void because of the bad
faith of both parties; hence, it shall not
produce any affect
FIRST: Contracts which do not comply with
the Statute of Frauds are void. SECOND:
Statute of Frauds is applicable only to
wholly executory contracts and not to
contracts which are partially executory and
partially executed.
a.Only the Second is true
b.Only the First is true
c.Both are true
d.Both are false
These are prohibitions of the Autonomy
principle of contract, except:
a.None of the other stated choices; all are
prohibitions.
b.Public Order
c.Morals
d.Fraud
FIRST: Sacred or common things, like air
and sea, as long as they are not
appropriated are within the commerce of
men. SECOND: Future things can be the
object of contracts.
a.Only the SECOND is true
b.Both are false
c.Only the FIRST is true
d.Both are true
A contract is in the stage of conception
when:
a.There is meeting of the minds.
b.The contract is perfected.
c.The parties come to an agreement.
d.Negotiations are in progress.
In Sunstar newspaper, an advertisement
shows that: Laptop for sale, HP model, for
more info call or text 09455346441 or you
may visit Selwyn at Banilad Cebu, City.”
Keith proceeded to the address indicated in
the newspaper to meet Selwyn.
a.Selwyn cannot refuse to sell his laptop
even if he doesn’t want to sell his laptop
anymore.
b.Keith will present an alternative offer to
Selwyn.
c.Keith has the right to demand conditions
to Selwyn since he is willing to buy the
object.
d.Selwyn has the right to refuse to sell his
laptop even if the price offered by Keith is
fair and reasonable at any given condition.
Gen bought a house in a high–end
subdivision. Afraid of the consequences if
there’s a fire, she entered a contract of
insurance in exchange of the company’s
promise to pay damages in case of fire.
What is the characteristic of the contract?
a.Solemn c.Gratuitous
b.Onerous d.Aleatory
Aaron asks Alex to slap their teacher in
exchange for Php1,000. If Alex did slap his
teacher, can Alex collect the Php1,000?
Why or why not?
a.Yes, they have the freedom to establish
any stipulation
b.No, because the agreement is contrary to
good custom
c.Yes, they have the freedom to establish
any terms and conditions
d.No, because the agreement is contrary to
moral
FIRST: A testate or intestate heir is obliged
to pay a debt of the decedent even if it is
beyond the value of property he received
by will or by the law of intestacy from the
estate of the deceased. SECOND: Solutio
indebiti refers to voluntary administration
of the property, business or affairs of
another without the consent or authority
from the latter.
a.Both statements are false.
b.Both statements are true.
c.Only the first statement is true.
d.Only the second statement is true.
Agreements which lack one or some or all
of the elements or usually do not comply
with formalities which are essential for the
existence of a contract:
a.Inexistent Contracts
b.Unauthorized Contracts
c.Annullable Contracts
d.Void Contracts
FIRST: Cognition theory claims that a
contract is perfected when the acceptance
is made known to the offeror. SECOND:
Expedition theory claims perfection of
contract happens upon declaration of
acceptance even if it has not made known
to the offeror yet.
a.Both statements are TRUE.
b.Only the SECOND statement is true.
c.Only the FIRST statement is true.
d.Both statements are FALSE.
Yael entered into a contract of loan where
he borrowed ?1,000,000.00 from Zoe. The
document containing the contract stated
that it was actually Ana who was borrowing
from Zoe and that Yael was only Ana’s
agent. In truth, Ana never authorized Yael
to borrow money. Which of the following
statement is correct?
a.The contract in this case is void ab initio.
b.In this case, the contract entered by Yael
and Zoe is not enforceable against Ana.
Thus, Zoe cannot sue Ana to pay the
amount borrowed.
c.In this case, Zoe can sue Ana to pay the
amount borrowed.
d.In this case, the contract entered by Yael
and Zoe is enforceable against Ana. Zoe can
sue Ana to pay the amount that was
borrowed.
Alice was about to put some of her
groceries in her fridge when she noticed
that it was not working anymore. Allan, on
the other hand, who was delivering purified
water around the neighborhood, noticed
Alice who appeared to be problematic with
her fridge. He approached her and
observed that her fridge was broken. He
then offered to fix the fridge himself in
return for a sum of money. Alice then
agreed. What kind of innominate contract
is this?
a.Do ut facias c.Facio ut facias
b.Do ut des d.Facio ut des
The requirements of a valid consent are:
a.Sufficient information must have been
given
b.The person must be legally competent
c.All of the other choices are correct
d.There must be no duress or coercion
Noah was given a new mobile phone by his
aunt so he sold his old but fully working
mobile phone to Victor. Unknown to Noah,
Victor bought the mobile phone from him
so that he could use it as a device for
tracing Samantha’s location for he plans to
kidnap her. After the sale, Victor was able
to consummate his plan. Given Victor’s
motive to the contract, what is the status of
the sale of the mobile phone by Noah to
Victor?
a.The sale is void because the motive of
Victor in buying the mobile phone is clearly
illegal.
b.None of the other stated choices are
correct.
c.The sale is valid because the illegality of
the cause of the contracting parties does
not render the contract void.
d.The sale is voidable because the
agreement is made under duress.
Jhunique applied for an insurance with
BSMA Insurance Company. The application
required Jhunique to undertake a physical
examination. However, since Jhunique was
suffering from asthma, he requested Joey,
his identical twin brother who was very
healthy, to go through the physical
examination and pretend that he was
Jhunique. BSMA Insurance thus approved
the insurance policy believing that Jhunique
had a clean bill of health.
a.There was no fraud or misrepresentation
at all because Joey is considered as an
agent of Jhunique.
b.The fraud employed was dolo causante.
c.The fraud employed was dolo incidente.
d.The fraud committed is fraud in
performance.
Candy inherited Php3,000,000 mansion
from her late parents, and donated it to her
uncle, who gladly accepted it. However,
Candy obtained a Php6,000,000 loan from
Fred a year ago and proved that Candy
cannot pay her debts. Can Fred ask for the
rescission of the sale?
a.Yes, because Candy’s uncle is not a party
of Fred and Candy’s contract of loan.
b.No, but he can sue Candy’s uncle for
buying the mansion.
c.Yes, because contracts undertaken as
fraud to creditors can be rescinded.
d.No, because the Candy sold the mansion
now to her uncle.
The following are the sources of
obligations, except;
a.Culpa Aquiliana c.Vinculum Juris
b.Torts d.Crime
FIRST: Obligations arising from contracts
has weaker power than the force of law
because it is just a mere agreement
between parties. SECOND: Contracting
parties have the total freedom establish
stipulations, clauses, terms, and conditions
without any regards to law, morals, custom,
public policy, and public order.
a.Only the First is true
b.Both are false
c.Both are true
d.Only the Second is true
An agreement to vote a certain candidate
for a consideration is not valid because it is
contrary to:
a.Either of the two (2) other stated choices
b.Law
c.Good Customs
d.Neither of the two (2) other stated
choices
Craig offers to sell Sebastian his sports car
at some time in the future. Sebastian
accepts it and even publishes his
acceptance in a newspaper of general
circulation. Is there a valid contract?
a.No, because the offer is indefinite.
b.Yes, because Sebastian accepted it.
c.No, because Craig failed to communicate
the offer.
d.No, because the acceptance is invalid.
The following are the effects of ratification,
except;
a.None of the other stated choices; all are
effects of ratification.
b.Extinguishes the action to annul a
voidable contract.
c.Makes the contract valid from its
inception subject to the prior rights of third
persons.
d.Obliges the party to return the object of
the contract.
This occurs when a third person induces
another to violate his contract.
a.Accion Directa
b.Tortious Interference
c.Mutuality
d.Consensuality
FIRST: The incapacitated person is not
obliged to make any restitution except
insofar as he has been benefited by the
thing or price received by him. SECOND: If
the thing to be returned is lost without the
fault of the person obliged to make
reparation, there is no more obligation to
return such thing.
a.Only the SECOND is true
b.Both are true
c.Both are true
d.Only the FIRST is true
FIRST: An offer may be revoked or
withdrawn at any time before it is accepted
merely by communicating such intentions
to the other party. SECOND: Death, civil
interdiction, insanity or insolvency of either
party are exclusive grounds which render
offer ineffective.
a.First statement is false, while the second
is true.
b.First statement is true, while the second
is false.
c.Both statements are true.
d.Both statements are false.
Vince sells his house and lot to Hans for 1.2
million. Hans paid Vince with a check worth
1.2 million; it was found out that Hans does
not have enough balance at the bank to pay
1.2 million. Is the contract valid?
a.Yes, because falsity of cause does not
render a contract void.
b.No, because the contract has no longer a
cause since Hans does not have balance at
the bank to pay Vince.
c.No, because there is failure of cause and
it always render a contract void.
d.Yes, because failure to pay the stipulated
price after the execution of the contract
does not convert the contract into one
without cause.
Maya voluntarily entered into an
agreement with Lara whereby Maya is to
render service as a servant to Lara as long
as her debt has not been fully paid. What is
the status of the contract?
a.Answer not given c.Voidable
b.Valid d.Void
FIRST: Things having a potential existence,
such as future inheritance, may be the
object of the contract of sale. SECOND: The
particular motives in entering into a
contract are not entirely different from the
consideration thereof.
a.Both are false
b.Only the SECOND is true
c.Only the FIRST is true
d.Both are true
A newlywed couple wanted to buy a house
and lot of their own. It happened that they
met Henry who works as a real estate agent
in Makati City. Henry then made an offer of
Php10,000,000 for both the house and lot.
The couple agreed but the wife wanted that
the house must be an up–and–down type
with a backyard, a lawn, and a garage in
front. Is the acceptance valid?
a.Yes, because they agreed.
b.No, because the offer of Henry is not
detailed.
c.No, because there is a counter–offer or a
qualification or condition.
d.Yes, because they are going to pay.
Refers to the insufficiency or inadequacy of
the cause of a contract:
a.Falsity of Cause c.Simulation
b.Want of Cause d.Lesion
Due to threat and intimidation, Khaleed, 17
years old, sold his computer to Esmeralda,
24 years old, for ?40,000.00 payable in 10
equal monthly installments. When Khaleed
turned 18 years old, 4 installments were
still due. Khaleed, with full knowledge of
the situation, continuously collected the
remaining installments. Later on, Khaleed
alleged that the sale was executed by him
through the threat and intimidation of
Esmeralda. Has Khaleed the right to ask for
the annulment of sale?
a.Yes, the sale can be annulled on the
ground of the minority of Khaleed.
b.No, the sale cannot be annulled because
Khaleed continuously collected the money
which means there is tacit ratification by
him.
c.Yes, the sale can be annulled because
Esmeralda used threat and intimidation in
order to obtain the consent of Khaleed.
d.No, the sale cannot be annulled because
there is an express ratification made by
Khaleed.
Dan published his Mountain Bike for sale in
Marketplace. With the description written
below “Mountain Bike For sale, kindly
contact 09121314151 or see Dan at Mango,
Cebu City” Nat proceeded to the said
address in his descriptions to see Dan.
a.Dan may refuse to sell his Mountain Bike
even if the price offered is fair and
reasonable.
b.Dan may refuse to sell his Mountain Bike
to prospective buyers except Nat.
c.Dan cannot refuse to sell the Mountain
Bike even if he decides not to sell the
Mountain Bike anymore.
d.Nat is now compelled to buy the
Mountain Bike from Dan.
Gina, a supplier of homemade chocolate
moist cake from Mandaue, Cebu City, hired
Berto, a Grabfood deliveryman, for a fee of
Php250 to deliver Gina’s chocolate moist
cake to the Robinson Time Square in
Talamban Cebu City which ordered the
homemade chocolate moist cake for a price
of Php800. In so far as Gina is concerned,
her prestation in her contract with Berto is:
a.The payment of Php250
b.The payment of Php800
c.The sale of chocolate moist cake
d.The transport of the chocolate moist cake
FIRST: Those agreements which cannot be
enforced by action in the court of justice
are not contracts but merely moral
agreements. SECOND: There can be a
contract even if there is no obligation
accepted in return for some benefit to be
enjoyed.
a.Both are false.
b.Only the SECOND is true.
c.Only the FIRST is true.
d.Both are true.
On her way home, Amy ran over an object
that tore the tire of her car. Not having any
spare tire, she went to a nearby car spare
parts to buy a new tire. However, she did
not have enough cash with her so she
called Jake, her friend, who happened to be
friends with the owner, Charles. Through
the phone, Jake promised Charles that he
will answer the debt of Amy in case she
fails to pay. Thus, Amy was able to purchase
a new tire for P8 000 for which Charles
issued a sales invoice to Amy.
a.Charles can enforce Jake’s promise
because there was a writing of some kind,
the invoice for the sale of the tire.
b.If Amy cannot pay, Charles can proceed
against Jake to make good his promise to
pay Amy’s debt.
c.Charles can enforce Jake’s promise to
answer for Amy’s debt since the guaranty
was witnessed by Amy.
d.Jake’s promise cannot be enforced
against him because he did not execute any
writing for the guaranty he made.
It is something bargained for or given by a
party in exchange for a legally enforceable
promise of another.
a.Motive c.Cause
b.Option d.Object
FIRST: Contracts entered into during a lucid
interval is voidable. SECOND: There is no
mistake if the party alleging it knew the
doubt, contingency or risk affecting the
object of the contract.
a.Only the SECOND is true.
b.Both are false.
c.Only the FIRST is true.
d.Both are true.
A premature payment made by an insolvent
debtor to his creditor.
a.Invalid payment
b.Rescissible payment
c.Simulated payment
d.Due payment
Ted decided to sell his car for P300,000 to
Theo, who had just turned 17 years old.
Theo was excited and immediately gave Ted
a down payment of P50,000. However, Ted
received a better offer from Ross a day
before the scheduled delivery of the car.
Hence, Ted attempted to annul the contract
on the basis that Theo was a minor. Which
of the following statements is correct?
a.Neither Ted nor Theo may annul the
contract because a down payment was
already made by one of the contracting
parties.
b.Only Theo may annul the contract on the
ground of his incapacity.
c.The contract can be annulled by Ted
because Theo’s minority affects the validity
of the contract.
d.Either of the contracting parties can
annul the contract because it is a voidable
contract.
QSTN: Emery verbally sold to Kella a
specific parcel of land for P 100,000. IS THE
SALE VALID AND ENFORCEABLE?
ANS. It is valid bec. all the essential
elements of a contract are present. But it is
not enforceable bec. sale of real property
falls within the Statute of Frauds which
must be in writing.
QSTN: WHAT IF Kella needs a public
instrument to register the sale at the
Register of Deeds in order to transfer the
title in her name, Kella asked Emery to
execute the corresponding Deed of Sale.
MAY EMERY BE COMPELLED TO DO SO?
ANS. No bec. that remedy is only available
if the contract is both valid and
enforceable. Since the contract in this case
is unenforceable, although valid, the right
to compel the execution of the required
form is not available.
QSTN: LEAH SOLD TO EDGAR A PARCEL OF
LAND FOR P400,000. LEAH EXECUTED A
CONTRACT OF MORTGAGE INSTEAD OF A
SALE. BELIEVING THAT THE INSTRUMENT IS
A SALE, EDGAR AFFIXED HIS SIGNATURE. IF
EDGARLATER ON FILES AN ACTION FOR THE
FORECLOSURE OF MORTGAGE, MAY HE
ALSO ASK FOR THE REFORMATION OF
CONTRACT? EXPLAIN BRIEFLY.
ANS. No, Art.1367 provides that when one
of the parties has brought an action to
enforce the instrument, he cannot
subsequently ask for its reformation. An
action for foreclosure of mortgage is an
action to enforce the contract of mortgage.
This is an act of ratification and Edgar is
therefore guilty of estoppel.
QSTN: DR. borrowed from CR. P10,000 with
12% interest per annum. It was not clear
whether the loan is for three years or six
years. WHAT IS THE DURATION OF THE
LOAN? Explain briefly.
ANS. SIX YEARS. In onerous contracts, the
law favors the greatest reciprocity of
interest. Here, CR. can earn interest for a
longer period and DR. can also use the
money for a longer term.
QSTN: If you are in need of a shovel, and I
gave one to you, how would the transaction
be considered - a loan or a donation?
Explain briefly.
ANS. LOAN (Commodatum). In gratuitous
contracts, the law favors the least
transmission of rights. Loan transmits lesser
rights than donation which transfers
ownership of the shovel.
QSTN: TYRAEL SOLD TO JABEZ A MOTOR
VEHICLE FOR P500,000. AT THAT TIME,
TYRAEL OWNS THREE (3) MOTOR VEHICLES:
FORD ESCAPE VALUED AT P700,000;
HYUNDAI STAREX VAN VALUED AT
P300,000; AND TOYOTA RAV-4 VALUED AT
P450,000. WHICH ONE IS THE OBJECT OF
THE SALE, AND WHAT IS THE STATUS OF
THE CONTRACT?
ANS. The object cannot be determined.
Hence, the contract is void bec. the
principal object cannot be ascertained. If
the doubts are cast upon the principal
OBJECT of the contract in such a way that it
CANNOT BE KNOWN what may have been
the intention or will of the parties, the
CONTRACT shall be null and VOID. (ART.
1378, LAST PAR.)
QSTN: Clandestine insured her life to
Sunlife Insurance Corp. In the contract of
insurance, it was stated that upon death,
the beneficiary may collect P100,000 or
P200,000. After two (2) years, Clandestine
died. FOR HOW MUCH IS SUNLIFE LIABLE?
Explain briefly.
ANS. P200,000 bec. it was Sunlife who
caused the obscurity or doubtful figure
appearing in the policy. Under Art.1377,
the interpretation of obscure words or
stipulations in a contract shall not favor the
party who caused the obscurity.
QSTN: LURD ED APPOINTED JOHN ZEUS AS
AGENT. IT WAS STATED IN THE CONTRACT
OF AGENCY THAT JOHN ZEUS MAY EXACT
PAYMENT BY LEGAL MEANS. JOHN ZEUS,
THEREFORE, BY VIRTUE OF THIS POWER,
HIRED A LAWYER TO FILE A NECESSARY
ACTION IN COURT TO COLLECT MONEY
FROM DEBTORS OWING LURD ED. IS THE
HIRING OF THE LAWYER WITHIN THE SCOPE
OF HIS AUTHORITY? EXPLAIN BRIEFLY.
ANS. Yes bec. this is in keeping with the
nature and object of the contract of agency.
1375. Words which may have different
significations shall be understood in that
which is most in keeping with the nature
and object of the contract.
QSTN: CAMELLE SOLD TO WENDY HER
HOUSE INCLUDING “ALL FURNITURE
THEREIN”. FOUND INSIDE THE HOUSE ARE:
A NARRA TABLE BELONGING TO CHONA, A
WASHING MACHINE, A HI-FI STEREO, AND
A 21-INCH TELEVISION SET. ARE THESE
OBJECTS MENTIONED INCLUDED IN THE
SALE? EXPLAIN BRIEFLY.
ANS. No. The table is not owned by Camelle
so she cannot transfer its ownership. The
washing machine, Hi-Fi stereo and TV are
not furnitures but appliances. The words
used are so general that they cannot
include things distinct from what the
parties intended to agree. (Art.1372) 1372.
However general the terms of a contract
may be, they shall not be understood to
comprehend things that are distinct and
cases that are different from those upon
which the parties intended to agree.
QSTN: ICELLE MORTGAGED HIS PROPERTY
TO IVAN. THERE IS A STIPULATION
PROHIBITING A SECOND MORTGAGE
WITHOUT THE CONSENT OF IVAN, THE
MORTGAGEE. THE CONTRACT FURTHER
STATES THAT THE VIOLATION WILL CAUSE
THE FORECLOSURE OF THE MORTGAGE AT
THE INSTANCE OF IVAN. LATER, WITHOUT
THE CONSENT OF IVAN, ICELLE
MORTGAGED THE SAME PROPERTY TO
YLACH. CAN IVAN CONSIDER THE SECOND
MORTGAGE NULL AND VOID? EXPLAIN
BRIEFLY.
ANS. No. The only right of Ivan under their
contract is to foreclose the mortgaged
property, but not to declare the second
mortgage as void. A contract has the force
and effect of law between the parties.
QSTN: ELOISE AND HUGH ENTERED INTO A
CONTRACT INVOLVING A PARCEL OF LAND.
AFTER THE EXECUTION OF THE CONTRACT,
HUGH ENTERED THE PROPERTY, FENCED IT
WITH HOLLOW BLOCKS, BEGAN
CULTIVATING THE LAND, MADE CONCRETE
IMPROVEMENT, AND KEPT ON PAYING THE
REAL ESTATE TAX OF THE LAND FOR TEN
(10) YEARS, ALL WITH THE KNOWLEDGE OF
ELOISE. WHAT KIND OF CONTRACT WAS
EXECUTED BY AND BETWEEN ELOISE AND
HUGH? EXPLAIN BRIEFLY.
ANS. Sale. This is clear from the subsequent
acts of the parties to the contract.
(Art.1371) Here, what was being
transferred is not only the possession but
also the ownership of the land. 1371. In
order to judge the intention of the
contracting parties, their contemporaneous
and subsequent acts shall be principally
considered.
QSTN: STAN DELIVERED TO KYLE HIS
PARCEL OF LAND AND KYLE GAVE STAN
P100,000. THE FOLLOWING WAS STATED IN
THE DOCUMENT: “FOR AND IN
CONSIDERATION OF P100,000, I HEREBY
TRANSFER THE OWNERSHIP OF MY PARCEL
OF LAND.” THE TITLE OF THE CONTRACT
ENTERED INTO IS DENOMINATED AS A
“CONTRACT OF LEASE”. WHAT KIND OF
CONTRACT WAS EXECUTED BY AND
BETWEEN STAN AND KYLE? EXPLAIN
BRIEFLY.
ANS. Sale. What is controlling is not the
title but the intention of the parties.
(Art.1370) Here, it is clear that what is
being transferred to is the ownership and
not merely the possession of the land.