OBLICON 2 Flashcards
5 Form for Validity of Contract
Donation if Real Property
Donation of Personal Property the value which exceeds 5K
Sale of land through an agent
Stipulation to pay interest
Contract of Partnership
Real Property
Immovable Property
5 Form for Validity of Contract
it must be in a public instrument (eg. deed of sale, will…)
Donation of Real Property
5 Form for Validity of Contract
the donation and acceptance must be in writing.
Donation of personal property the value of which exceeds 5k
Donation of personal property the value which ______
EXCEEDS 5k
5 Form for Validity of Contract
it must be in wiring otherwise, no interest is due.
Stipulation to pay interest
Donation of Real Property must be in a _____
public instrument
5 Form for Validity of Contract
In sale of land through an agent the authority of the agent must be in ____ otherwise the sale is void.
writing
The stipulation of interest must be in ____ otherwise no interest is due.
writing
5 Form for Validity of Contract
In Contract of Partnership. The immovables that are contributed must be in a _____ to which shall be attached a signed inventory of the immovable property contributed.
public instrument
Contracts entered into in behalf of wards.
Valid : Rescissible
G is the guardian of M (a minor). G sells the property of M worth P20,000 for only P15,000.
Valid : Valid
The contract of sale cannot be rescinded because the lesion (see Art. 1355.) is not more than one-fourth.
G is the guardian of M (a minor). G sells the property of M worth P20,000 for only P14,999.
Valid ; Rescissible
because property is sold for less than P15,000, M can rescind the sale by proper action in court upon reaching the age of majority.
A sues B for the recovery of a parcel of land. In this case, the land is a “thing under litigation.”
If, during the pendency of the case, B sells the land to C without the approval of A or of the court the sale is _____
Valid ; Rescissible
Legal incapacity to give consent, where one of the parties is incapable of giving consent to the contract; or
Valid : Voidable
Violation of consent, where the vitiation is done by mistake, violence, intimidation, undue influence, or fraud.
Valid : Voidable
The contract is signed under undue influence or duress
Valid : Voidable
John was seventeen and entered into a contract with Bill’s Car Lot to purchase a car. They signed all of the paperwork and contract and John drove the car home
Valid ; Voidable
A contract whose cause or object did not exist at the time of the transaction.
Void
A contract whereby A will kill B’s mother-in-law in exchange for two-piece JollibeeChicken Joy with fries
Void
A contract whereby A, without authority, borrowed money for and in the name of B
Unenforceable
These can be defective if one party was incapable of giving consent or if consent was granted by mistake, threat, violence, fraud, or undue influence.
Voidable
VIMFU
Voidable
These are contracts that can’t be enforced for a variety of reasons.
Unenforceable
These have no legal effect because they don’t legally exist.
Void
Contracts agreed to in a state of drunkenness or during a hypnotic spell
Voidable
Contracts entered into during lucid interval
Valid
Contract of sale between husband and wife
Void
Contract to manipulate the result of the election through hacking
Void
A contract whereby X. agreed to be the mistress of Y for P:30,000.00 monthly allowance
Void
A contract whereby the debtor agreed to work for the creditor for free as long as the debtor has not paid his debt.
Void
A base contract where it is sopulated that the lessor can forcibly evict the lessee for non-payment of rent
Void
When bilateral contracts are vitiated with vices of consent, they are rendered
Voidable
An agent, authorized by a special power of attorney to sell a land belonging to the principal succeeded in selling the same to a buyer according to the instructions given the agent. The agent executed the deed of absolute sale on behalf of his principal two days after the principal died, an event that neither the agent nor the buyer knew at the time of the sale. What is the standing of the sale?
Valid
X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child of Y and (b) on the economic regime that will govern X and Y’s property relations. Is the verbal agreement valid?
No, because a marriage settlement to be valid should be in writing.
Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract?
Void
QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence, he agreed. The sponsors were all public officials. What is the status of the marriage.
Valid
X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid?
Yes
Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent.
Valid na yung contract of marriage
X, who was abroad, phoned his brother, Y, authorizing him to sell X’s parcel of land in Pasay. X sent the title to Y by courier service. Acting for his brother, Y executed a notarized deed of absolute sale of the land to Z after receiving payment. What is the status of the sale?
unenforceable since phoned lang
The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract
Voidable
A sold to B genuine bottle of Fundador brandy. However, upon delivery the former substituted a fake, B now wants to annul the sale.
The contract cannot be annulled because it is only incidental fraud
G was appointed as the guardian of M who owns a parcel of land value at Php 1M. M sold the land only for Php 700k to B.
Voidable
S sold his parcel of land only for Php 1M although the value of the same is Php 2M. He thus suffer damage or lesion in the sale due to the inadequacy of the price. Therefore the contract is
Valid
hindi naman yung guardian yung nagbenta
A contract whose cause or object did not exist at the time of the transaction,
Void
A contract of sale of the seller’s future inheritance from his parents
Void
A contact of sale of a slightly used human brain.
Void
A contract of barter or exchange of a human heart for a human liver
Void
A contract whereby the City of Baguio donated Bakakeng Road to SLU
Void
A contract whereby A will kill B’s mother-in-law in exchange for two-piece Jolibon Chicken Joy with fries.
Void
A contract between a 16 years old and a 17 years old.
Unenforceable
A contract between a 16 years old and an insane or demented person.
Unenforceable
A contract between a 17 years old and a deaf-mute
Voidable
A contract between a 17 years old and a deaf-mute who does not know how to write
Unenforceable
A contract whereby A, without authority, borrowed money for and in the name of B
Unenforceable
A gave B the authority to lease his house and lot to C. But B instead sold the house and lot to C. The sales is
Unenforceable
An oral contract that by its terms is not to be performed within a year from its making.
Unenforceable
An oral promise to pay answer for the debt of another
Unenforceable
An oral pre-nuptial agreement.
Unenforceable
A verbal contract of sale of a cellular phone worth P1,000.00 when no payment and delivery have yet made.
Unenforceable
A verbal executory contract of lease of a boarding house for a term of two years.
Unenforceable
A verbal contract of sale of farmland for P50,000.00 when no payment and delivery have yet made.
Unenforceable
A written contract of sale of a laptop computer between a 25 years old and a 17 years old
Voidable
A written contract of sale of a motorcycle between a 25 years old and a drunk 20 years old.
Voidable
A written contract of sale of a house and lot between a 45 years old demented person who acted during lucid interval and a 50 years old under hypnotic spell
Voidable
A written contract of sale of a fishpond where the seller’s consent was obtained through intimidation.
Voidable
A contact where the debtor forced the creditor to loan him P10,000,00
Voidable
A contact where a teacher unduly influenced his student to give his cellular phone to him.
Voidable
A contract where the seller made the buyer believed that what he sold is a brand new cellular phone when in fact it is a second-hand
Voidable
A contract where the donor donated P10,000 to the donee whom he thought has cancer
Voidable
A written contract of sale where the guardian sold the minor’s P1,000,000 condominium unit for only P500,000
Rescissible
A witten contract of sale entered into by a debtor to defraud his creditors who cannot collect their claims in any other manner.
Rescissible
A written contract of sale of a car subject of a case which the defendant sold without the courts approval.
Rescissible
A written contract of donation of shares of stock a father made in favor of his daughter, where the father left no other properties for his creditors.
Rescissible
A voidable contract may be annulled within how many years?
4
A rescissible contract may be rescinded within how many years?
4
A void contract may be nullified within how many years?
No limitation
A without authority from a sold the latter’s car in the name of the latter. The contract is therefore
Unenforceable
Because A wants to sell his land to B but the latter does not want to buy the same. A forced to buy his land. The contract
Valid
A and B. agreed on February 3, 2000 that will construct the house of A in January 2002. The contract was orally entered into. B received a down payment from A with the balance payable after completion of the house.
Valid
na ratified na
A threatened to kill B if the latter would not marry the formers daughter who was pregnant with B’s child. Intimidated B married A’s daughter against his will
Voidable
Corporation, through an agent bought the shares of stocks of another stockholder without revealing to the seller stockholder that negotiations were in progress to enhance the value of the shares. The
sale is defective contract being
Voidable
Fraud
B left a note in the store of S offering P1,000 for a table S is selling. The following day S called B by phone accepting the offer of B who promised to pay the next day.
valid
Suppose the contract is a sale of real property but it is entered into orally.
Unenforceable
R donated real property to E in a private instrument.
Void
Donation of immovable property must be in _____ to be valid otherwise it is void.
Public Instrument
A contract of sale of a real must be in writing otherwise it is
unenforceable
1M and the lesion is 149,000.99
Rescissible
Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object
Rescissible
Those agreed upon in representation of absentees, if the latter suffer the lesion more than 1/4
Rescissible
Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them;
causal fraud
Rescissible
G is the guardian of M (a minor). G sells the property of M worth P20,000 for only P15,000.
Valid
G is the guardian of M (a minor). G sells the property of M worth P20,000 for only P14,999.
Rescissible
A sues B for the recovery of a parcel of land. In this case, the land is a “thing under litigation.”
If, during the pendency of the case, B sells the land to C without the approval of A or of the court, the sale is
Rescissible
Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also
Rescissible
Examples of Public instrument
Deeds, wills, contracts
Acts and contracts which have for their object, the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest
Need ng Public instrument
written
The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains
Needs Public Instrument
The power to administer property, or any other power which has for its object an act appearing or which should appear in a ____, or should prejudice a third person;
Need Public Instrument
written
The cession of actions or rights proceed- ing from an act appearing in a public document.
Need Public Instrument
All other contracts where the amount involved exceeds Five hundred pesos must appear in
writing
P is leaving for the - United States to study for two years. He appoints A, agent, tot manage his property. In this case, the authority of A to administer the property of I must appear in a
Public Instrument
writing
As security for his debt, D mortgaged his land to C. This mortgage must appear in a _______ The extinguishment of the mortgage, upon payment of the debt by D, must likewise appear in a______.
Public Instrument
D mortgaged his land to C to secure the payment of a debt. This mortgage appears in a ______. The decision by C of his right, as mortgagee, to T must also be in a ____.
Public Instrument
one of the parties is Incapable of giving consent to a contract;
Voidable
S, a minor, sold his land to B. Upon reaching the of majority, S, with full knowledge of his rights in the premises, instead of repudiating the contract, disposed of the greater part of the proceeds, or collected the unpaid balance of the purchase price from B.
Valid
In an action for annulment of a contract of sale, S alleged that the sale was executed by him through the threat and intimidation of B. It appears, however, that S deposited the check for the purchase price and withdrew the money from time to time.
Valid
S sold a parcel of land to B. The consent of S was vitiated by fraud.
Voidable
Those entered into the name of another person by one who has been given no authority or legal representation, or who has acted beyond hisbpowers;
Unenforceable
An agreement that by its terms is not to be performed within a year from the making thereof; (not written)
Unenforceable
A special promise to answer for the debt, default, or miscarriage of another;
Unenforceable unless written
An agreement made in consideration of marriage, other than a mutual promise to marry;
Unenforceable unless written
An agreement for the sale of goods, chattels, or things in action, at a price not less than Five hundred pesos,
Unenforceable unless written
An agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest therein;
Unenforceable unless written
A representation as to the credit of a
third person.
Unenforceable
Those where both parties are incapable of giving consent to a contract.
Unenforceable
On October 10, 2018, S entered into an oral contract with B for the construction of B’s house to begin on October 20, 2019. The contract is
Unenforceable unless written
Dowes C P50,000 with G as guarantor. Here, G has a special promise to answer for the debt of D in case D fails to pay the same. This promise is
Unenforceable unless written
G promised to pay C what D owes him (C), G’s promise, even if verbally made, is
Valid
kasi hindi naman siya nag promise na babayaran yung utang kapag HINDI NAKAPAG BAYAD SI C kumbaga hindi collateral. Unless nag promise si G nababayaran if hindi makapag bayad si C
M agrees to build a house worth P5,000,000 for W if W will marry M.
Unenforceable unless written and ratified.
Sand B mutually promised to sell and buy a piano at a price of P12,000.
Unenforceable unless written and there is delivery and partial or full payment.
R agreed to lease his house to E for two (2) years.
Unenforceable unless written
S orally sold his land or his right of usufruct in said land to B.
Unenforceable unless written and partially executed
Contracts whose cause, object or purpose is contrary to law, etc.
Void
S sold to B his car and shabu, a prohibited drug, for P200,000.
Void
S sold to B his car and shabu, a prohibited drug, for P200,000. Shabu is sold for 50,000 and 150,000 for the car.
Valid ; Sale of Car
Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
Void
Those which contemplate an impossible service;
Void
Those whose object is outside the commerce of men;
Void
Those whose cause or object did not exist at the time of the transaction;
Void
Those which are absolutely simulated or fictitious;
Void
A contract of sale is ___ where the price, which appears thereon as paid, has, in fact, never been paid.
Void
D is indebted to C. Upon learning that C is going to enforce his credit, D pretended to sell his land to B, his father-in-law. D did not receive a single centavo for the transaction and he continued in possession of the land as the contract was merely simulated or fictitious.
Void
Selling of clings of public ownership such as sidewalks, public places, bridges, streets, etc. things that are common to everybody such as air, sunlight, rain,
Void
S sold to B all the chickens in his poultry. Here, the object itself (chickens) is determinate but the quantity though not yet determined can be ascertained without the necessity of entering into a new contract. Therefore
Void
Sale of property between husbands However there is a separation of property.
Valid
Purchase of property by persons who are specially disqualified by law (like guardians, agents, executors, administrators, public officers, and employees, judges, lawyers, etc.) because of their position or relation with the person or property under their care.
Void
“Every donation between the spouses during the marriage like moderate gifts which the spouses gave each other on occasions.
Valid
Entering a contract with a tipsy (jocose) man.
Valid
Entering a contract of salewith a belicose man
Voidable
S borrowed ₱1M from P, interest of 15%, written.
Void
Usurious interest or Usury is against the law
Pedro, knowing that Juan is insane and
demented, enters into a contract with Juan to
sell his car for P100,000.
Voidable
A minor, 18 years old or above may contract
for life, health and accident insurance,
provided, the insurance is taken on his life
and the beneficiary appointed is the minor’s
estate or the minor’s father, mother, spouse,
brother, or sister.
Valid
One party is hospitalized
Voidable
Entering a contract with a prodigal or a spendthrifts
Voidable
if you buy a car thinking it is a 2023
model, but it turns out to be a 2022 model, you may
be able to ___ the contract due to a mistake.
Void
This is
because the model year of the car is a material fact
that would have influenced your decision to buy the
car.
if two parties agree to sell a car, and
they both mistakenly believe that the car is not
subject to a lien, then the contract may be ____
Voidable
This is because the real purpose of the contract was to
sell a car that was not subject to a lien, and the
mistake about the lien frustrates that purpose.
Intimidation requires reasonable well grounded fear.
Voidable
Violence requires the employment of _______.
To make consent defective, the force employed must
be either ____ or irresistible
physical force, serious
Voidable
Those undertaken in fraud of creditors when
the latter cannot in any other manner collect the claims
due them;
Rescissible
if a person borrows money
from a creditor and then immediately sells their house
to someone else for less than it is worth, the creditor
can sue to _____ the sale
Rescind
if a person goes on a long trip and someone
else sells their house while they are gone, the person
can sue to the contract if they suffer a loss of
more than one-fourth of the value of the house.
rescind
contract to exploit someone who is
in a vulnerable position
Void
contract to discriminate against
someone based on their race or religion.
Void
contract to engage in prostitution.
Void
if you agree to work for someone
for a certain wage, but the person does not actually
have any work for you to do
Void
there is no cause for the obligation
A is buying from Ba breeding cow but B is selling a barren cow
Mistake object
Voidable
A is selling his parcel of land for P500,000 cash but B is buying the land thinking that the price is payable in installments.
Mistake condition of contract
Voidable
A sold his car to B. A thought that B, who is a lawyer, was a doctor.
Valid
irrelevant yung mistake
A donated his car to B. A thought that B was his half-brother. It turned out that B is not related to A.
Voidable
S sold to B a parcel of land with an area of 567 square meters at P415 per square meter. In the document of sale, the purchase price stated is P285,305 when it should be P235,305.
Valid
Need correction di naman sobra yung mistake
X was merely intimidated that he would be shot by Y and the latter had no gun at the time of the threat,
Valid
