Documente Academic
Documente Profesional
Documente Cultură
a. If you were the counsel of CreditorZ, what DBP’s defense: Prescription. Should be
action will you file to protect the interest of brought within 4 yrs counted form the
your client? When should you file it? cessation of the intimidation (Feb 1986).
Action for rescission, on the ground that the c. If you were the judge how would you decide
sale or transfer of the furniture shop was the case?
made in fraud of creditors.
As the judge, I will rule in favor of DBP on the
b. If you were the counsel of Owner2, how ground of prescription. Besides, the running
would you defend against such action? of the prescription period was not stopped by
the sending of demand letters because DBP
Defense: what was transferred was not the is not a “creditor” in contemplation of law, as
real property but only the name of the its alleged liability has yet to be established
business. Thus, it could not be presumed
that it was made to defraud CreditorZ
3. A parcel of land consisting of 5 hectares, located
in Intramuros Manila, is owned by 5 co-owners,
c. If you were the judge how would you decide collectively known as Heirs of Dracula (the
the case? heirs, for brevity). Van Helsing, a creditor of the
deceased parents of the heirs sent several
As the judge, I will rule in favor of Owner2, for demand letters to the heirs, seeking to collect
lack of cause of action on the part of the unpaid purchase price for construction
CreditorZ, since the transfer of the name of materials used in building Dracula’s mausoleum
the furniture shop does not carry with it the and constructing the coffins and tombs found in
transfer of the assets of Owner1. Thus, there it. The demands went unheeded. Instead, the
should be assets still in the name of Owner1. heirs decided, orally, to settle, distribute and
If there are other remedies available, partition the estate among themselves by
rescission should not be allowed assigning one (1) hectare to each of them.
Subsequently, Van Helsing filed an action for
sum of money against the estate of Dracula.
2. ClaimantM was the owner of a parcel of land The heirs alleged in their answer that there was
near Malacañang during Martial Law under no estate to speak of because the same had
former President FM. Sometime in 1975, at the already been settled and were already
height of Martial Law, he was forced to sell his distributed to the 5 of them. Van Helsing’s
property, “through force and intimidation”, to
lawyer countered that the settlement of the a. As counsel of Seller, what action would you
estate could not be proven or enforced in court file against Buyer to claim ownership? When
because it was made orally; and therefore, the should you file it?
property still belonged to the estate of Dracula.
Action for declaration of nullity of the sale, on
a. As counsel of Van Helsing, how would you the ground that it was iin violation of the law
argue in support of his position? prohibiting such a transaction within 5 years
from the issuance of the patent. This kind of
The oral partition is not valid because it was action does not prescribe.
not made in a public instrument. Under the
law (Art. 1358, first part), contracts for the b. If you were the counsel of Buyer, how would
purpose of creation, transmission, you defend against such action?
modification or extinguishment of real rights
over real properties must be in a public Counter-argument: Granting that the first
instrument. sale was void, the second sale was made
long after the expiration of the 5-year
b. If you were the counsel of the heirs, how prohibitory period and thus valid
would you counter the arguments of Van
Helsing’s lawyer? c. If you were the judge how would you decide
the case?
Counter-argument: the formal requisite to
have it in a public instrument is required only As judge I will rule in favor of Seller. A
for convenience and will not affect the validity contract made in violation of law is null and
of the contract. Moreover, the statute of void and cannot be ratified. The second
frauds will not apply because partition is not contract is clearly intended to ratify the first
a sale of real property or any interest therein. contract. This is apparent from the wordings
of the 2nd contract. An action for declaration
of nullity of a void contract does not
c. If you were the judge how would you decide prescribe.
the matter?
5. Among the different defective contracts that you
As judge I will rule in favor of the validity and know:
enforceability of the partition and the non-
applicability of the statute of frauds, subject a. Which is the most difficult to enforce?
to the claim of Van Helsing because the
settlement of the estate should have included Among the defective contracts, the most
the payment of debts validly incurred by the difficult to enforce would be the void contract,
decedent. precisely because it is as if there was no
contract at all. It cannot be ratified and any
4. Seller obtained a homestead patent over a action to have it declared void does not
parcel of land. Within the 5-year prohibitory prescribe.
period, Seller sold his land to Buyer, as
evidenced by a Deed of Absolute Sale. b. Which is the easiest to enforce?
However, the deed was not registered. Buyer
then took possession of the property. After the The easiest to enforce would be the
lapse of ten (10) years, Seller executed a 2nd rescissible contract because it is valid until
Deed of Sale, ratifying and confirming the 1st rescinded and the grounds for rescission are
deed, by re-stating the same provisions and the very limited and restricted.
same purchase price. The 2nd deed was
registered and a new title was issued to Buyer. A voidable contract is also valid until annulled
Subsequently, the relationship between Seller but there are a lot more grounds that could
and Buyer soured and the ownership over the be invoked to support the action of
property became the subject of a land dispute annulment.
between the Seller and Buyer.
An unenforceable contract cannot be
enforced for lack of authority or lack of a
writing or secondary evidence, which is the contracting parties and should be
usually hard to find. Although an complied with in good faith. (Art.
unenforceable contract may be ratified, the 1159) Upon the perfection of the
same is usually hard to come by because, contract, the parties are bound to the
otherwise, there would be no problem if following:
ratification can be easily or readily obtained. a. The fulfillment of what has been
expressly stipulated.
LONG QUIZ b. All the consequence which,
according to nature, may be in
1. Know the characteristics of a contract and be keeping with good faith, usage
able to distinguish each from the rest. and law. (Art. 1315)
Elements of Consent
a. Legal capacity of the contracting parties;
b. Manifestation of the conformity of the
contracting parties;
c. Parties’ conformity to the object, cause,
terms and condition of the contract must be
intelligent, spontaneous and free from all
vices of consent; and
d. The conformity must be real.