Philippine Bar review · Question

Practice question: Presumption of Capacity to Act

Multiple Choice Easy

Practice question

Does capacity to act alone establish that contractual consent was free of fraud or intimidation?
  1. No; capacity and vitiated consent are distinct inquiries
  2. Yes, every competent adult is immune from deception
  3. Yes, fraud requires minority in every case
  4. Yes, intimidation cannot affect adults
  5. Yes, capacity makes every contract valid

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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