NICOLE DAVOCOL JD1-D

1. “T” has the right to land. It was stated in the law the repurchase to a land
property is allowed as it must follow the timeline. Given the facts, “S” agreed that that
he will repurchase the property within 5 years but failed to do so. Now, “T” has the
right to consolidate the title or property as it the agreed period already lapses.
2. As it was stated in the law, chattel mortgage and real estate mortgage has a
different way to pay the installment. The chattel mortgage would undergo with several
installments, but the real estate mortgage can be only done with one installment. Since
the chattel mortgage is already foreclose it doesn’t mean that the real estate mortgage
would also be foreclosed immediately. You must consider payment before the
installment afterwards it can be foreclosed.
3.
a.) It is Lino who is the rightful owner of the property since the transfer title is already
given to him. Although there was annotation does it mean it would change the
ownership. Therefore, Lino is the rightful owner.
b) It belongs also to Lino as he is the owner of the property and the bungalow house.

4.

(A) Yes, Marcelo has a cause of action against Sergio. According to the law, an
accepted unilateral promise to sell a determinate thing for a price certain is binding
upon the promisor if the promise is supported by a consideration distinct from the price.
Marcelo handed Sergio a duly consideration, which Sergio accepted, thus providing a
consideration for the option to buy. This creates a binding option contract that Sergio
cannot unilaterally withdraw from before the expiration of the agreed period (June 30,
2012). Therefore, Marcelo has a cause of action.

(B) Sergio's claim is not entirely accurate. According to the law it requires certain
agreements, including those for the sale of real property, to be in writing to be
enforceable (Statute of Frauds), the doctrine of part performance can be an exception.
Marcelo provided a distinct consideration and Sergio accepted it, which can be
considered part performance that takes the agreement out of the Statute of Frauds,
thereby making it enforceable even if not in writing.

5. RR has a better right over the parcel of land. In the statue of fraud, the first
contract will be void since it was not registered. The parcel of land could only be
acquired through deed of sale if it is legally registered and to obtain the transfer
certificate. But in the given facts the 2 nd buyer already obtained the necessary
documents which can make him as the legal owner of the parcel of the land. Therefore,
RR has the right to it.

6.

7.

A. Yes, there is no sale today. It stated in the law that a contract of sale will be
perfected the moment that party both received the payment and the item. Since the
agreed time will be after 5 days, that’s the only time that sale will be counted.

B. The contract is perfected through mutual consent on the essential terms, which
include the object (the laptop) and the purpose (acquiring the product after the
payment)

C. Consent is manifested by the agreement of AAA and BBB to enter the contract of
sale after five days. This mutual assent constitutes the meeting of the minds.

D. In contract of sale, the consideration is the execution of the deed of sale even if the
payment and the laptop will be received after 5 days.

E. The ownership will be transferred the moment that they executed the deed of sales.
Even without the product it would still be transferred.