Answer The Following Questions. (4 Items X 10 Points)

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Marticio, Joyce Ann M.

Answer the following questions. (4 items x 10 points)

1.) Don Eliseo, father of Armando, owned two (2) parcels of land consisting of 500 sq. m. and
451 sq. m. located at Antipolo City. The two (2) parcels of land were sold to Honrado at
P1,000,000.00 and P750,000.00, respectively. Armando, contending that the contract price for
the two (2) parcels of land was grossly inadequate, tried to negotiate with Honrado to increase
the purchase price. When Honrado refused, Armando then filed a complaint for annulment of
sale. Honrado alleged that the contract of sale was null and void on the ground that Don Eliseo,
at that time, already had senile dementia. Honrado, on the other hand, contended that Armando
had effectively ratified both contracts of sales, by receiving the consideration offered in each
transaction.

a. What is the status of the contracts of sale?


 A contract of sale is a legal document in which the seller pledges to sell the contract
and the buyer agrees to buy it subject to specific written and signed terms and
conditions. The following shall be included in a legal sale or sale contract, The
following must be included in a legitimate contract. All terms of a valid contract shall
be fulfilled including free consent, legitimate object competence of the parties and
consideration. In this case, the seller (Don Eliseo) could not have entered the contract
because of senile dementia. The contract is not accepted.
b. What remedy does Armando have, if any?
 Since Armando has not suffered damage or injury, the only possible remedy is to
revoke the invalid contract. It can cancel the contract which allows both parties to re-
exist, as if the pact never existed. Armando may also ask the purchaser to renegotiate
the agreement and establish a new sales agreement.

2.) Abel sued Cain for partition of the lots inherited by both parties from their deceased father.
Cain, however, moved to dismiss on the ground that some years before a final and executory
judgment (based on a compromise agreement) involving the same parties, same subject matter,
and same causes of action had already been rendered by a court of competent jurisdiction, and
that therefore the doctrine of res judicata dearly bars the present case. Abel contends that said
judgment is void because the compromise agreement had been signed in their behalf by their
lawyer who had not been authorized by them to enter into such agreement, and consequently,
there can be no res judicata.
What is the status of the compromise agreement?
 A compromise agreement is a kind of settlement agreement that two or more parties
have reached in order to end a proceeding. The parties to the compromise agreement
Marticio, Joyce Ann M.

must be able to do so or be authorized to do so in this case to put an end to the


situation. Abel claims that because of the ability of lawyers, the contract is null and
void. Lawyers are asked by the principal to serve as an agent. In the absence of such
instructions, they are supposed to act out beyond their authority. Thus, a compromise
agreement was invalid without the consent of Abel.

3.) Robin and Rommel entered into an agreement wherein Rommel will deliver the drugs Robin
is selling to a prospective buyer. Two (2) months have passed and yet the contract was not
executed. Robin has been harassing Rommel to fulfill the agreement.
What is the status of the agreement?
 Since it is unlawful the agreement is void. In a court of law, Robin cannot enforce the
contract. This is a contract for drug trafficking. By nature, itself. This is an unlawful
contract. The contract is therefore void from the very beginning, as it is forbidden in a
court of law, Robin cannot enforce the contract.

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