Philippine Bar review · Question

Practice question: Equitable Mortgage

Multiple Choice Hard

Practice question

After an apparent vendor's repurchase period expires, the parties execute another instrument granting a new redemption period. The apparent buyer argues that this renewal can never indicate a security transaction. Under Article 1602, which conclusion is correct?
  1. Any renewal conclusively proves a donation.
  2. The new instrument is legally irrelevant under every circumstance.
  3. The described post-expiration grant is a listed circumstance supporting the equitable-mortgage presumption.
  4. The apparent buyer becomes owner of all the vendor's property.
  5. The court must presume that no transaction exists.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1602(3).

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