SALES FINAL EXAM

Return the questionnaire with your answer booklet.

1.

Can there be a valid sale against the will of the propertys owner? Why?

2.

Can services be the object of a contract of sale? Why?

3.

Pim and Mima got a loan from Lointeres Bank in order to buy a lot, which they
used as security for the loan. Meanwhile, Sunogimpok Bank got a money
judgment against Pim and levied on the same lot. Later, the parties settled
amicably, where Pim and Mima ceded the lot to Lointeres Bank, which sold the
lot to Oportunico. Oportunico executed a deed in favor of Pim and Mima allowing
them to repurchase the lot at a higher price. Oportunico, later how ever claimed
that the deed he executed antedated the conveyance to Lointeres. Is the deed of
sale valid? Why?

4.

Jeun Young contracted to sell to Han Sung a large quantity of coal at a basic
fixed price of P900 per long ton. They stipulated that the price is subject to
modifications in proportion to variations in calories and ash content and not
otherwise. Is there a valid contract of sale? Why?

5.

Nanny Mcyaya served as wet nurse and governess of the daughter of Don
Paldo. For her compensation they agreed to compensate her by providing cost of
maintenance foe herself, husband and children during the time her services were
needed. Is there a valid contract of sale? Why?

6.

Benkong Busilak got a title to the mineral claim which he sold to Costa Baybayin
for P1000 in cash, one cow and two goats. Is the sale valid? Why?

7.

The Consome Carcar and Chevie Karuma had the deed of sale notarized by a
notary public whose commission turned out to have already expired at the time
he notarized the said document? Is the deed of sale valid? Why?

8.

A lot and the building standing thereon belonging to Nailit, was sold at public
auction to the highest bidder Harry Nakariwasa, who sold the property to
Segunda Bendee. Ayao Magpaisa, claimed that Naliit sold the property to him
long before the auction sale. Seemingly, Magpaisa delivered the title deeds to
him but remained in possession as lessee. Was there delivery of the property to
Magpaisa? Why?

9.

Diego Dimasupil executed an SPA for Berting Baluga for the latter to sell some
lots. 4 years later, Diego died. His children sold the same lots to Babyboy
Balisawsaw in a public instrument which however was not recorded in the
Registry of Property. Later, Berting, via the SPA, sold the same lots to May
Tililing. Berting did not know of Diegos death. The SPA was anootated on the
back of the TCTs of the lots. The sale in favor of May was also annotated. Who
owns the lots? Why?

10.

Vendor a retro failed to redeem within the repurchase period. The vendee a retro
petitioned for consolidation, which the lower court granted. But no summons was
served on the vendor a retro. Is the consolidation valid? Why?