Philippine Bar review · Question

Practice question: Presumption of Capacity to Act

Multiple Choice Hard

Practice question

An adult with a mobility impairment independently understands a proposed sale, asks informed questions and communicates a decision. No relevant legal restriction or cognitive impairment is proved. An opponent argues that using a wheelchair alone makes every contract void. Which analysis is best?
  1. Any physical disability necessarily erases all legal rights
  2. Physical impairment alone does not establish incapacity; the legally relevant ability and actual proof must be examined
  3. Mobility aids automatically appoint a guardian
  4. The opponent may choose which adults have personality
  5. Every assisted signature is necessarily fraudulent

Legal references

  • Civil Code Article 37: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Almeda v. Heirs of Ponciano Almeda, G.R. 194189, September 14, 2017: https://lawphil.net/judjuris/juri2017/sep2017/gr_194189_2017.html

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