Distinguish the following: (a) Contract of sale and contract to sell (2%) (b) Interruption and tolling of prescription of actions (2%) Suggested Answer: (a) In a contract of sale, title to the property passes to the buyer upon delivery of the thing sold. In contrast, in a contract to sell, ownership does not pass to…
Mr. A entered into a lease contract covering one of his commercial buildings with XYZ Company, a partnership composed of X, Y, and Z, as lessee, for use as an office space. Upon failure to receive the rental payments when they fell due, Mr. A immediately sought payment of the same from X, Y, and…
In light of a new business venture, Mr. A entered into a lease contract with Mr. B involving one of the latter’s warehouses. One day, Mr. B, who was then encountering financial difficulties, approached Mr. A and sought for a loan, which Mr. A readily granted to him. In order to secure the loan obligation,…
In 2015, O, the original registered owner of a 300-square meter property covered by Original Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after, while O was abroad, F surreptitiously broke open O’s safe and stole the duplicate copy of the said OCT. F then forged a Deed of Absolute…
C Corp. entered into a contract with D, Inc. for the construction of the latter’s production warehouse. In consideration thereof, D, Inc. was obliged to pay C Corp. the amount of ₱50,000,000.00 within a period of one (1) month from the time of the project’s completion. To secure the payment of the said sum, D,…
Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q accepted on the condition that their agreement will not take effect until after one (1) year. Mr. P then acceded and both of them shook hands. Excited about the prospect of acquiring Mr. P’s shares, Ms. Q approached…
Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently, made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground that the…
M, single, named his sister N in his will, as a devisee over a certain parcel of land that he owned, with the obligation of preserving the land and transferring it, upon N’s death, to her illegitimate daughter O, who was then only a year old. Is the condition imposed on N to preserve the…
D, an Overseas Filipino Worker, was on his way home to the Philippines after working for so many years in the Middle East. He had saved ₱100,000.00 in his local savings account which he intended to use to start up a business in his home country. On his flight home, tragedy struck as a suicide…
Mr. R is the registered owner of a parcel of land located in Cebu City covered by Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the lot, Mr. R and his family had been in continuous, open, and peaceful possession thereof. Mr. R died in 1980, resulting in the…