Philippine Bar review · Question

Practice question: Mutuality

Multiple Choice Hard

Practice question

A landlord changes an arbitrary surcharge’s name from interest escalation to service adjustment, while preserving unrestricted unilateral rate-setting and the same lack of proof. What is the strongest analysis?
  1. The new name cures every defect
  2. Substance and operation govern; relabeling does not itself cure the mutuality problem
  3. Every service charge is exempt from contract law
  4. The tenant must pay every invented amount
  5. Only the paper’s heading is relevant

Legal references

  • Gotesco Properties, Inc. v. Cua, G.R. Nos.228513 and 228552, February 15, 2023, MAIN decision: https://lawphil.net/judjuris/juri2023/feb2023/gr_228513_2023.html
  • Civil Code, Articles 1159,1191,1249,1308,1314-1316,1319,1322-1326,1933-1934,1962 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.