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Philippine Bar review · Question

Practice question: Presumption of Capacity to Act

Multiple Choice Hard

Practice question

An adult sells property in 2022. In 2025 a court appoints a guardian after evidence of a condition then requiring protection. A challenger offers only the later order and no sufficient evidence of incapacity when the 2022 sale was made. Following Alamayri, which conclusion is strongest?
  1. The later finding does not automatically establish incapacity at the earlier transaction; the relevant earlier condition must be proved
  2. Every guardianship order automatically invalidates all lifetime acts
  3. A later diagnosis conclusively proves every earlier event
  4. No person under guardianship ever had juridical capacity
  5. The buyer must concede invalidity without evidence

Legal references

  • Alamayri v. Pabale, G.R. 151243, April 30, 2008: https://lawphil.net/judjuris/juri2008/apr2008/gr_151243_2008.html

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