ANSWERS TO AUDITING THEORY 61. As a matter of ethical publicity, accounting firms should be to the idea of seiling a blanket email to prospective clients about the implications of TRAIN unless requested. 62. The audit manager the matter about material weakness in internal control with those charged with governance required under PSA 265 (63. Although fraud is a key audit matter, auditors are expected to be because of ues involved. the sensitiv 64. The centficates of good moral character required by the BIR for accreditation of tax agents should come from two parties who are either a CPA or a lawyer. 63, The management it has claim over the monies reported as eash in the balance sheet. 166. According to the warehouse tender, he released the inventory items per withdrawal slips duly signed by the project heads: but no project in-charge was able to this claim. 67. The understatenient of the cost of sales was suspected to be due to an error in determining the product costs. The auditor requested the cost accountant to prepare a comprehensive report that may help to errors in cost identification. 68. ISQC | discusses that leadership responsibilities include recognizing the capabilities of promising audit personnel that may lead to promotion, The chief executive officer should be able test as an alternative,” (Margaret P. Spencer, "The Americans With Disabilities Act: Description and Analysis." urn Resouree Management and the Americans With Disabilities Act, 1995) 70. The auditor's position in writing a modified opinion did not even after the altercation with the clients controller regarding the uncorrected material misstatements presented during the exit conference last week A, AVERSE ‘Adverse means negative, harmful Averse means against or opposed to Source: hos enalishinatvis.con/2017/050/business-enalsh wring 0-commony-confused-business-enalh: words! es “i “PERSUADED TO” \Wnen you convince someone, you change helt wey of thinking, \Wnen you pereuade someone, you motivate them to act Source: hitps:/enalishwi .com/2017/05/05 ousiness enalish-wrting-10-commor 2¢-busi ish: words! ay Discreet ‘BaCreet means prudent, diplomatic, caret ‘ractl® means separate and distinct. ‘atin erate sales perds inthe ast #0 YER, Yu can see significant change” ete edn means 0 terested in, apathetic. I etn’ art unbiased, Unereste ed in, apathetic. Ifyou were standing ial you'd want a ay Han uninterested one. ews I-business.. *staehtnorth com/insghts/commonly-confused:business-vordsand- phrasesa innvehgye Se casserts Assume and Presume; Assumption and Presumption “peste means (1) to take upon oneself to take over duties and respons ‘proof, Presume means (1) to take for granted or without proof or (2) to un it permissi Fo oe uk or ofice or authority by right, but another may presume to exercise the privilege of a rank, office, sae thority despite ack of right. Presume often carries a sense of arrogance, of going 0 far in ating without justfication--hence the adjective presumptuous... to take for granted or without yore The eonnotative distinction between [assumption and presumption] is that presumptions are strongly inferential and more probably authoritative than mere assumptions, which are usually more Presumptionsmay lead to decisions, while assumptions typically don arner's Modern American Usage, rd ed. Oxford University Press, 2009) Assertions, Assumptions, and Presumptions Phresumption isa kindof speech act that is halfway between assertion and (mere) assumption, AD maser ith ita burden of proof on the proponent, An assumption can go forward without proof Ai assumption can te rary to known facts. And anyone ina dglogue fee at any tne to rejet an assumption without having a Tape Likeanasumplion,a presumption dos not need tobe backed up by eience. ut Hke a assertion {does beara relationship to evidence, However, that relationship isan oblique or negative one.” httos://wwwthoughtco.com/assumption-ané-presumption-168§ ° B. Corroborate ‘The verb collaborate means to cooperate or work jointly with others. ‘The verb corroborate means to strengthen, support, or confirm with evidence, https: //www.thought ~ands lifferences- 1689738 oy *fyou are trying to develop something farther, use flesh; but ifyou ae trying to reveal something hitherto concealed, use flush.” (Paul Brians, Common Errors in English Usage. William, James & Co.,2003) “To flesh out isto put flesh on bare bones ~ that is to move beyond the merest rudiments and to tlatorate;to add some nuance and detail. To flush out(probably a hunting metaphor sto bring something into the open light for examination.” (Bryan Garner, Garner's Modern English Usage, 4th ed, Oxford University Press, 2016) ® B to ge insight The wai incites used 28a verb which means ‘o encourage ors up vlent or unlawful behavior TO uae of persuade someone to actin @ violent or unlawul way. wun refering to “the capacity to gain an accurate and deep intuitive ‘On the other hand, the term insight is used a8 @ no ‘Understanding of a person or thing,” "the power or at of seein the inner nature of things or of seeing intuitively 19 into a situation," or “Ihe act or result of apprehending ® A Oral jten employment test to an individual who has certo administer a writ cst, that he is dyslexic and unable to read. “tt would be unlawful for an employ ‘administration of the t informed the employer, prior to the: ployer should reasonably accommodate the applicant's disability by administering, ative.” The Americans With Disabilities Act: Description ancl Analysis * Human and the Americans With Disabilities Act, 1996) In such a case, the et an oral ti an alte’ (Margaret P. Spencer, Resource Managemen 7 a waver Frist of all, the word waiver is most commonly used as 9 Nove refering tothe act of intentionally relinquishing oF Fst tag a known nigh, lim, of privilege, lo the legal Inserer vdencing such an act aban dorind and the term waver functions as a verb meaning "0 weave OF ‘sway unsteadily 1o and fo" oF YO ‘vacate iresolutely between choices.” vaca ee nat walver refers Io reinquishing aright over someting whe waver © to fater in bob oF tobe ‘unsteady in making a choiceREGULATORY FRAMEWORK FOR BUSINESS TRANSACTIONS MAY 2017 BATCH NUMBERS TO REMEMBER: [Period ‘When to start counti Legal act | 30-day after issuance of COL = Tilng of by-laws F not Aled with AOT | 20-days: | from catl ‘to pay subscribed stocks 30days fromm: note ghen by prospective | to exercise the right of teal pre-emption 30ays {from niotce given by seller {to exercise the right of legal redemption | 30. days Es receiot of notice of | sale under Maceda Law - cancelled cancellation 7 [aoaays from delivery of the animals to discover hidden defects from the designation mace by @ | any partner may impugn or question the same ~ for being third person inequitable irom delivery of the mavable thing | to discover hidden defects meni from delivery ef loxd/immovable | to file reduction of the price or cancolation of the contract of sole of e land in case the deficiency Isat least 10% [Gmonths | from eubmission/Fiing ‘amendment to the AOI-deemed ‘SEC [6 months from notice limited partner may withdraw his capital contribution of the | right was given but the period was not fixed iyt ad == [term of directors - tyr | from ofscovery of the hidden servitude/encumbrance iri yr ——— = = _Leftor the sale -to bring on action for damages Fe ‘rom sale Fight of redeription may be exerdsed ~ in GSe on exe po cat foreclosure (in case of real ) Vive irom sale Tight to rescind the sale based on hidden encurmbrance or sail 4 Servitude Fiyr. — statute of | | any contract not to be performed within @ year must be In Ltreuds ae | writing otherwise the contract will be unenforceable From issuance of COI to formally commence business otherwise the corporation will | be dissoved ___ ays | a \guidation of a corporation upon its dissolution (3ys _____tetm of office of board of trustees. 4 yes | from discovery of fraud or mistake | mnulment of a voldable contract [4 yes from stoppage or cessation of | to file annulment of a voidable contract { | Intimidation, violence or undue influence etree — ays from attainment of capacity ‘to file rescission or annuknent of @ contrect [ayes from sale | reservation of right to repurchase was made but no period | was fixed for the exercise of the right ayes from the time of incident 10 sue for damages arising from quasi-delicts Sys ‘continuous inoperation of @| ground for suspension cancellation of certificate oF corporation registration Syis prior to expiration of the corporate | fling of amended articles of Incorporation to extend term | corporate term Sys Gisqualification of stockholders to be elected director from ; violation of the corporation code . [Byes ‘term of management contract. Sys ‘term of a proxy agreement if not limited to one meating, Sys ‘term of a voting trust agreement unless premised upon @ + | loan agreement, in which case it could be longer than 5 yrs but» wil automatically be revoked upon payment or ‘satisfaction of the debt | yrs from perfection to enforce an oral contract 6 yrs from the time the right accrue to enforce an action arising from quasi-contract >6yrs conviction of a crime by. final | clsqualfiction to be a director judgment : !wt 8 PREWEEK (MAY 2017 BATCH) Page B of T The following contra constituted: ote ars VOID Ht orally Donations of real estate — ragariogs of valve * Donations of movatles — i> Php5,000; to pay interest in loans — only the sfipulation as to payment of interest; the contract of toan is. stil valid even i oaty conatiuted ‘Agency contrac and consequently the contrect of sale - sale of LAND through on agent Partnership to which immovatles are contributed (an Inventory is also necessary) lieing carier's abilty to kess then extraordinary diligence; 9. Contracts of antichresis ‘The following are UNENFORCEABLE If orally constituted: Agreements not lo be performed within one year Irom the making thereof; 'b. Promise 10 answer for the debt, default or miscarniage of another, 6. Agreement in consideration of marriage other then a mutual promise to marry, 4. ‘Contracts of lease for a period longer than one year: ._Agteemen forthe sale of real property or ineret therein, ‘L. Representalion as io the credit ofa third person, see pee MNEMONICS: [NIC ‘Natural, Industrial and Givil (Frults/Acoessions) | ‘Natural fruits - offspring of animals, spontaneous product of soil Industrial fret wth human intewvertton y Civil fruit - product of a contract e.g. interest. rent, dividends 2. BEC Baller Use, Embellishment, Completion (Accessories) 3. MENTAL | Moral, Exempary, Nominal, Temperate, Actual, Liquidated (Damages) 4.1GIVA, Insolvent, Guaranty promised but not furnished, Guaranty fumished but was. Jmpaired, Violation of undertaking, Attempt to Abscond (Debior losses right to od) Souter, Lav, aus “—[Gonsent, Object. Cause/Co | Preparation, Perfection. Berties, Hers, Assigns ( ute) 9. PDC Pledge. Deposit im (Real contracts) 40. AMOR Autonomy. Mutual, Obigatoniness, Relativity (Characteristics of contracis) 11. DWV Donations (simple and unconditional), Wills, Void contracts (Not Susceptible Of Ratification) T2.ENA | Essential, Nalural Accidental (Glemenis of a contract of sale) /73: CBOCEH | Conserscal lara i Characierisics cc ss [a TSR Lien, Stoppage ifansiu, Resale, Rescission (Rights of an unpaid saller of goods) 18. ARM } J 9 | contract of sale) 76. DSU ] Donati 47. RWDEAD? 20. PI-DD. ‘21. CBOCPNP 22. UPPP. 23, UPAP 24, ASA. 25. RIDICI 26, AID 27. BIC 28, PEFECCACAGAGE/AFBT: ~ PREWEEK (MAY 2017 BATON) Page'2 ot 7 ios irom perfestion 6 enforce 5 vntten contract ae "40 yrs mai Tern sale Seeevaton of rahe tn reer ws; Rd Reo A | | ‘haxinum Metin of » eoeporabon subjee to extensions [Soiyrs NUMBERS TO REMEMBER: Theetare or less: ‘ates of rural eal oe ie We he of pal preemption rasempon oh He | part of adjacent onmners: | Hgertaye 1 issued pri 2 3 = minimum # of directors composing the executive committee hs minimum issued price of 3 eee [Ss =rilaimum # 5 = minimum # of 4 Phip5,000 = minimum pati-up capital 10% net corporate income before tak of tie previous year (wax: compensation oF Wie ________| members of the board if provided for in the by levis. of the corporation) _| is = max number of directors in 2 stock corporation 218) = no. of trustees in-» non-stock corporation 20 = maximum owners of a close corporation > 20% Stockholdings | of the outstanding capital stock shal be considered substantial for purposes of : Interlocking directors. 25% ~of the authorized capilal stock must be subscribed 2 | --of the subscribed shares. a DON’T FORGET: 4. Action for future fraud cannot be waived 2. In facuttative obligations, the right to choose between the origirial and substitute prestation is given’ by law to the debtor 3. In expromission, the insolvency of the new debtor shall not revive the obligation of the old —.debter. 4, In delegacion, the old creditor is always preferred in case of insolvency of the debtor 5. Period always refer to future events 6. Guardians cannot buy the properties df the ward 7._Iithe thing pledged will be returned by the pledgee, the contract of pledge is extinguished RIGHT TO THE FRUITS Requisite: Peneipal is SPECIFIC —even without sipulation 1, Ordinary Contracts/obiigations ‘2. No-conditon imposed ~ creditor is ented at the time the obligation to deve the princioal thing ‘arises (personal right only) ‘With suspensive condition — debtor is entited tothe fruits unless stipulated 2. Contract of Sale - buyer / vendee is ented as eaty as 3. Contract of Pledge ~ debtor pledgor is ented but the fruits shall be subject to pledge unless stipulated am SOLIDARY obligations EXISTS: [[a, Debtors - if stipulated b. Agents - if stipulated c. Guarantors - if stipulated d. Partners - for injuries-and damages incurred by third persons as a result of a partnership act «, Persons who.are guilty of: 1. delict = ae Gelict (negligence | f.Directors, en a Trustees - if the corporation violated a g, Bailes in commodatumn e. Principals in agency f, Joint indorsers in nego who received payment under the principle of solutio indebiti h. gestors in negotiorum gestio(3. Sitwaw |-2.ttust companies___4. public utities 5. insurance companies _| | Qbadience, |.c Divgenee I NON-VOTING stocks may also vote: Subscribed and paid up. 2..names of incorporators Ltreat aguce!eleged by the original subscribers 4.members who contributed to the inital capita of © non-stock corporation S.dale.and place of execution of the articies of incorporation (acknowiesoment. Comorations winch cannot issue NO PAR vale Shares. building and loan association 3, banks, Corporations which contol be CLOSE, A.stock exchanges Zollsompanies. Zniniy mining companies .merger oF consoldation of corporation Z.comporate dissolution Z.adoption and amondment of by-laws, s-Smenunenta! Anes ofinamecnton S_amendment of Anictes 6 inctease o1 decrease ol capiar stack, Z lovestments of iunids in another corporation or anether business purpose: and ale or disposition o! all or substantially all of comor ‘When the hokder may treat a bil as a note: 4. When the drawer and the drawee are the same person 2. When the instrument is ¢o ambiguous thet there is doubt whether itis a bil or note. 3. When the drewee is ¢ fictitious person 4.When the drawee is incapacitated to enter into contracts | 1) That at the time it was negotiated to him he had n9 notice of any infirmity in Requisites for a hoider of an instrument to be a holder in due course: the instrument OR defect in tho title of the person negotiating it; 2. That he became the holder of it before it was overdue AND without notice that ithhad been previously dishonored, if such was the fact, 3. That itis complete and regular upon its face; 4. That he took itn good faith and for value FORECLOSURE RULES _| In case of DEFICIENCY Tn case of EXCESS ‘Sele “of movables on instalment basis (RECTOLAW Aut 1964) forectosure) Law is silent- pracice-goes to the seler 1. Specific performance (JUDICIAL | Recoverable Lawis stant ~ goes 1 the owner recoverable (any sipulalon tothe | 2 Forectosure by the seller ‘ABSOLUTE RULE - Not unless stputated | Conventional Pledge | contrary 's void) a ‘ABSOLUTE RULE -— Not | Gost Pledges | Creditor nies vipted recoverable (any stipulation to the contrary is vo) - Legal Pledge Recoverabe ‘Goes io Pledger / Debtor | Chattel Mortgage _ Recoversb ‘Goes io Morigagor / Debtor = Recoverabie (Goes to Worigago: /DeblarBreas FBT: = PREWEEK; QIAY 2017 BATCH) Page Bol 7 onsen cat paling ewan: i Pn nwt i as iW py On to iy the ofa sinoss of pprtorehiy J 8 partheiship claim ot Habilty; c Seen, 8: Mate meter ateraios on prt beg be prtthip 9: Admission of a new partner 10. Profts'and ‘Corporate Act julred “NOTE. ‘Amendment of AOI” = 5 ‘Appraisal Right nasser l avaliable __| Majority OCS-voting, ¢ : ‘Majority, OCS-voting directors Removal of BOD: BIOcs veting Extend or shorten corporale term ‘Majority BOD + 2 OCS vanw Vesnitien er Appraisal Right. available Ratify @ contract of WOCSvating 5 directorftrustae/officer with the ‘corporation | Increase or decrease the capital stock | Majority BOD + aa OCS vary He Ineur, create or increase bonded Majority BOD + 2/3 OCS vary indebtedness ‘Sale or other disposition of astels ‘Wajorty BOD + 2/3 OCS vary peer Invest corporate funds in another Wajonty BOD FWSOCSyBav _| Apprai ‘corporation or business or for any available pose other than the primary purpose. 4 ‘Declaration of dividends Majority BOD Majority BOD + 2/3 OCS y -if stock dividends Enter into management contract Majority BOD + Maj OCS ¥ (menacing cor.) Majority BOD + 2/9 OCS v (to be: managed corp.) | Ade awe Majority OCS vnv ‘Amend of repeal the by-laws or adopt | Majority BOD + Maj OCS vanv. new by-laws. Delegate to the board of directors or | 2/3 OCS vanv trustee the power to-amend or repeal the by-laws or adopt new.by- laws : Revoke the preceding power delegated | Majorty OCS v&nv to. the board of directors.or trustees ‘ Fix the issued price of no par value Majority of BOD # authorized by shares, : AO! if not Maj. of OCS v Effector amend aplan ofmeiger or | Majority BOD + 2/3 OCS vany | Appralsal Right consolidation ‘available Deny pre-emptive tight. 273 OCS y Dissolve the corporation Majority BOD + 2/3 OCS vany ‘Adopt'a plan of distribution of assets ‘Of |'Mal ‘BOT + 2/3:members v a non-stock corporation‘drawee has no capacity to contract a “When the instruments so ambiguous that there is doubt whether tis 3 bil or note, fant | 6. The transter vests In the Wansferee such tile as the Fe an order instrument Porat aM Tha arcs seams te 1 bites 5 Poe Z_Express waiver of notice of Frans a var ones Te ant “dishonor upon all paties. b. eee agree on ae Sr Mets uald fo suent to the party for whose honor its paid are, honor is subrogated for and succeeds to both the ne holder as regards the patty for whose t lent 70 accepiance 2 hk discharges ‘secondelly liable if procured by the holder operat of assent of the funds ofthe drawer in the depositor of te drawee bank The bank becomes the primary debtor and carina thereefier tise: topayt 6. The drawer may not issue'@ Stop payment order on the carted: : check 2 3. 4 & war T the bilie payable on demand | Where ti payable after Sant | Lien Gaek aa at Sght or in any other case, where | 2. When the crewee has abeconded payable on 2 fed day presentment for acceptance s_|'9; When the trawee is a fictious ‘payable at 2 cenaiy numberof | ngcessary in order to fix the maturity | 4 When tha drawee is al aya oher a fod event of the instrument, ra ‘payable at 2.certain number ot | 2 where ‘the bil expressly. stputetes ays afer cate ” acceptance. 2. Where the billie" rawe payable elsewhere than at the residence or“Luerum Malum Aeguale Dispendio" n is Equals © Loss) THANKYOU SOODLUCKH GOD BLESS YOU ALLY A pen -VvOteg nDistinctions of Defective Contracts Vora Contract fe Consract Tnenforeeable Contract Tavald [Resaisibie Contrack Tae VeRO | Valid and binding on Voi Valid and binds ST snnuled ald bul neatorceable By cour wction “eon or Desiraion Of Wally resvinded Tee Ta Action for Recon “Keton for Rasen Wone “No Presarpive Period at Tan Wk Ty Thaw egal per se ean never Be Seg. | Nabe oon Ratteaion | may be convalidaed by ‘wash wl des | prescription Way be raed Wey be alee ratified. 3) The declaration of nullity of those ich ae not illegal per se may be ured by estoppel or laches in exceptional ests. "Those whose cause, Bans |e b. 4 £ h “Tass which are enered Ingo by guardians | Whenever the wards They represeat safer lesion by more tan % the value of the things which are the object thereat Those agreed upon in representation of absontoes, if the lever suffer more than the value of the things whine the object Uhersof, ‘Those undenaken in fiaud of creditors when the later cannot in ey other manner collect the claims due thems, Those whieh vefer to things tunaer tigation i th have been entered ino bythe defendant ‘without the knowledge and approval of the ents oF of competent jjicis authority, Payment 5 made in a state of insolvency for | obligations 1 whose fulditinent the debtor could rot be compelled fat the time they were cffeced. Al contracts by vine of which the debtor alienates propery by gratuious tile her the donor sufficient property to pay all debts contracted before the doration. Afenatio 1s by onerous ttle when made by persons ageinst whom some judgmeat has been rendered in ‘any instance or some writ of attachment has been issued, Contract entered into by an! insolvent person if he does aot retain suficient Property to pay his obligations. “These where one of the panies is Incapable of ving conseat contrat, i. Those where the consent is Witned by fad, undue influence, mistake, intimiduion oF Violence. = Thos catered ito inthe na of Somer person by one WHO Sa'teee gen no aubory Oe tga ropes oF Stoo has acted beyond His a b. Those chat do mot comply ih te gase of aus Those | wre oth “paris "we Meapante of giving consent a conact. bjent or purpose i ieSuge le (D)-Unenforceable © nua — of the contract entered into: (A)-Perfectly Valid (B)-Rescissible (C} Wwidewe 138. Asa minor Sg a aote ta nese : P2,000 so A cen Sold in writing hisalipen to B, a capaciated person for P1000, The value ofthe al Enemy 139. A, tia dabeoc on by more han he ve of he hinge ae cles ees. ee rte OP efiaud BA sola sats Bs the creditor entered into o contract of oun secured by pooeel opens fh T° void 140. G, the guardian of mines Ml "Afterwards, C sold to the properties to D, « purchaser in good faith. BLOM, Tee canta Of minor M, sod the hone nd lot of Ms ang es Of PTM sien its book value is e141. oh ‘approval or against the order of the guardianship court taaferole 141 On Tanury 1, 2015, F, the guardian of insane Z, orally sold Phas £2 in Zo mane tasting i ot ie Saas iat aa oa The payment is to be made on February 2, 2016 while delivery yao = 142. A sold a land to B orally in the amount of P200,000 payable in four installments, B already ETP 0,000 i representing the first installment. yoid 143. A, agent of P, sold the land of P to B orally. The authority of A is not in writing and B has already paid ' ‘the whole purchase price to A. eat | entered 44. 'A and B entered orally entered into a contract of partnership to be formed two years from today. They ‘will contribute P5,000 cash each. une ‘A and B entered into a contract partnership to be formed 3 years from today orally. They will contribute a land, a building and P2,000. ed atthe > 145. piece of |Sold the cell is ree ie ut te ng Pa ty ly a ae pe fF. The oe Asold the land ofB in Aenean et tare beer ape me ee A agent of P, sold the house oP ‘out the latter's eansent to a third person. “Unenfrreca xe Payment and delivery by of P to B orally at a price of Pd auth of A is not in writing. 7 ave not yet been made, Where rie OF F498. The authority Cont Sale of @ particular piece of and at certain price. —p Uwnforuals Gas a ership in writing involving lnd and Baling, Vero! -9 narantra r-etanond j Aalivery. Void cae e048 public nstrumest withthe description and date ofthe thing tobe pledged but witht. 152, rally 3 Agreed gratuite ract for donation i o livery by donor. and acceptance by done act for donation of celiphone with fir market value of P10,000 completed by deli void 153, A married man of ace snature years donated a parcel of land to a gil of 16 subject to the condition that the latter shall 154 waptted with him and such condition is acepted bythe gi. ved, frerat ia ‘A mother sold two fshponds toa daughter andthe ltr, in turn, resold the same fishponds to her and her stepfather. 95. vided Pino leased a parcel of land toa foresner for 99 years ‘with an option fo buy the property within SO years cd peeved thay the latter shall become a Filipino, Vora car wa ity culunvaarion of Lon vaid 156, AGOntract for the transfer of piece of land at an amount of P100 with a fair market value of PIM. Delivery and. |. ___ Payment have not yet been mede, votid 157. ‘An oral contract of reel estate mortgage over a piece of land entered into by a creditor-bank and third person to secure the obligation of a debtor 158. ‘An oral contract of commodatum ofa piece of land without delivery of the land. Vwi U 159.Mef- ‘The absentoe sold the personal property of his epresentarive ata price of P70,000 when its book value is P100,000, 160,'eikaslt The manor sold his personel property to a capecitaed person a a price of F74,000 wise its book value is P100,000. 161 ‘The wife sold a commanity property toa third person without the consent of the husband ata price of P60,000 when its book value is P100,000. Void bavd Of family godt 162. A defendant in an action reinvidicatoia sol the subject movable to a third person during the pendency of the action ‘ata price of P75,000 when its book value is P100,000..—reeuar# Pu ie the pendency 163.Unef Oral contract of sale ofa ealphoye with a price of F400 but delivery end payment will be made after 15 months 164.VolkY Oral contract of lease off Ati an ana rent! of PSO0 fora lease term of 10 years 165.lnsk Oral contract of sale of poco of land wit a rice of P499 bu dlivery and payment will be made after 1 month. 166.» An aa onect of usany or uty a 167.4 A writen contac of tale ofa piss of and wih a price ofPA99 between a domented and an insane pers 168. An oral contract of ale of is slglator at price of P499 entered by A inthe ater eee ee ee ‘An oral contract of lease of lahd witha tern: of 15 months, “Wale a un G, the guardian of M, a minor, orally sold M's cel i si 170. oe rhaemotyee beck made” ly 814 M's cellphone seeing price of PSO0 to 1, an insane person. Delivery 171. void _M, tm insane orally sold a shabu gt 2 a ‘Tieliverv and pavement have wot vot eam Price of P1000 although its book vate ie BI gna say =168, aoa vt ate OT etiphone wih pric of 400 but delivery aa pays ws ew mn Tesitnan QUSomrc cease of Fee cannes ors rater of 10VE— 166, teak React of eof a piace of tana with a pce of ABS but clivery and payment will lentey contract of gusiany or surety et gs, A Witen contract of sale of spice of land wit a pice of P499 hetusena demented and an insane Ps 189, vaag AB fal contact of sale of atl at price of F499 entered by ji the asters name An orl contract of 2c ns vous imo as of eas of lsd fs atom of 18 mors stk "te guardian of, oro ale M's ITAMdd Wo a Cay ma 0 Delivery and peyent hee set Sade 172.Wuef An orl conact of ese of fd for ea enterd into between A, a minor an a insane person. Ws 173.Yukaie ‘An oral connect of a's of howe wil spice 07 POM and book value of Pl.!M entered into to seller to escape ibility this creditors Dein. and payment have wet ye. toon sade. ay we Void 174, 7A donation of house ind mace in private naircem by the debtr ina pending civil action without reserving ‘enough propery for hi oben. Nae 175 A orally entored into cent ‘auoriy ‘A contract of sale 0 2eleh> bila An detract of sa af car th a price o* P7009 and Sook vale of PLOO,000 berween husband and wit are covered by abselateseparon of propery. Ths Narsons pried a gun to the wife to sign the contact. Delivery and. payment have not yet boon fer 178 ‘The reprezectaive of an absent orlly sold 9 He ofthe tnt 60,000, The buyer has already rad the pice. 179.lUqek. ‘The misor orally sold te car oF his gus sume without por conser. The sl 30,000 andthe carbs a book value of ?80,000.TSe buyer as already paid the price tothe minor. 180.UoUk An orl coaract ose of» cellphone bye ru eapecise persons af price of PAI when its book value is 'P700. Delivery and payment wil be roade ater tvce years 181.\Void A S-year old cid oraily enn ino a gontact af eployment a= 4 model ofa ces magazine without permission from DOLE. inaseat fe 182. Ved A 173er ol tet rally entered ico a cote sevice valving sea jrcourse with a prstinte ata price ofPSO0 which willbe pertorme afer 2 year. Pav men as nt ye been made. 10¥017 183. [A i6syear old euceo! aly entered into Seyear corre company. - ¥ vida 184, veid A yrinen Sorract oF ¢ ston afc taaried man to his sane conssine 185.4aid An oral contract of sale of land with a sel shall be made after 3 years. The bu telling price of PS00 to | an insane person. Delivery pone 21 1,000 although its book value is P1,500, tof, an insane person. od: 8's name fora term of | yeer toa tied person without B's void 176. te community or conjugal 1 at a price oF P40,000 when its book value is is made ata price of se of car at rent oF PSOD/year with a leasing Iphone with vi of P5,00! wits acceptance also made in writing made by a & prize of PM and book value of 10M wherein delivery y ys has abeady-peita down payment of PIM at the perfection of the contract. 186, Vaid A writen contract of ste of planet Jupier siling price of PIOM 187. Wid’ Anoralconrat of le of [vest and orto jar at selling prise of P10O%4 with pail payment of ae ch of ion the and s thesuspended until condition. « “suspensive x or its effecti when the event ition happens ae, oR No. 195064, January 15, N 2014). wane 2). Rescilt® SP ee, aN) ee ee en an obligation is subject ty aa condition, its birth takes Plage ivity commences only if ang that constitutes the or is fulfilled. (Gidwan; - This is a ‘condition ‘which extinguishes i of se oa This is also called conditio,” obligation. subsequent. ' at once but it The obligation is demandab), shall be extinguished upoy the happening of the condition. _ b. Potestative, Potestative - A condition that , casual and mixed depends 1 ; upon the will of one of the contracting parties. s a) Searpenn ve ) pi will give you wx Dems ee the Chl 2)8 ew V have. the Pp \v* he ghoiee Nor the tam Crditoh” poy pre THC po) CPA, ww ic. Binding Resouato ny b) Debyor 5 | will givt You SY unr} | pace the yd co me tas ve Wy Hed moyaman 7 odie y [mill git you C MRL Yor Pace the Opry wid ol > Lull give you) Vy Mow te obligahoy Potestative on the part of the debtor (1) If suspensive — The obligat- ion is void. (Art. 1182) Even if the condition is fulfilled, the obligation is not demandable. (Example: D is ‘to give C P50,000.00 if D goes to Baguio.) If resolutory — The obligation is valid. (Example: D is to allow the use of his car by C until D returns from Baguio.) Potestative on the part ‘of. the creditor - The obligation is valid whether the condition is suspensive or resolutory..[(Examples: -(1) D is to give C P50,000.00 if C goes to Baguio. (2) D is to allow the use of his car by C until C returns from L Baguio.] ai (2)