Philippine Bar review · Question

Practice question: Presumption of Capacity to Act

Multiple Choice Medium

Practice question

A party’s historical mental condition is established, but the parties stipulate the contract was made during a genuine lucid interval with all other requisites satisfied. What is correct?
  1. The historical condition alone does not defeat the expressly recognized lucid-interval contract
  2. Any diagnosis permanently invalidates every transaction
  3. Only the name of the condition matters
  4. Every transaction must be presumed criminal
  5. The contract becomes void because an heir objects

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1328,1330 and1332.
  • Alamayri v Pabale GR151243 April30,2008 MAIN: https://lawphil.net/judjuris/juri2008/apr2008/gr_151243_2008.html MAIN burden, distinct guardianship and contract-capacity inquiries.
  • Almeda v Heirs of Almeda GR194189 September14,2017 MAIN: https://lawphil.net/judjuris/juri2017/sep2017/gr_194189_2017.html

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