Philippine Bar review · Question

Practice question: Real vs. Consensual Contracts

Multiple Choice Hard

Practice question

A lender issues checks intended to fund a loan, but they are never encashed or deposited and no loan proceeds are delivered. A signed mortgage recites the proposed debt. On facts like Naguiat, which is correct?
  1. Mere issuance and the rebutted recital do not establish delivery perfecting the real loan
  2. Every check automatically proves cash delivery
  3. A mortgage signature makes actual funding irrelevant
  4. The borrower must repay money never received solely because a loan was proposed
  5. A notarial seal makes every recital irrebuttable

Legal references

  • Naguiat v. Court of Appeals, G.R. No.118375, October 3, 2003, MAIN decision, unencashed loan checks: https://lawphil.net/judjuris/juri2003/oct2003/gr_118375_2003.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

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