Philippine Bar review · Question

Practice question: Personal Property

Multiple Choice Hard

Practice question

In an unsecured sale governed by Article 1484, a seller sends a surrender demand that is ignored and then sues for fulfillment. The buyer relies solely on the letter as proof that cancellation was already effectively exercised. What is the sound response?
  1. The court must examine actual exercise; the ignored demand alone does not establish the asserted election
  2. The letter automatically cancels every sale
  3. A demand letter transfers all buyer assets
  4. The buyer’s allegation conclusively proves cancellation
  5. A seller can always collect after effective cancellation

Legal references

  • Civil Code, Articles1484-1486,1544 and1595-1599: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Borbon II v. Servicewide Specialists, Inc., G.R. No.106418, July 11, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/jul1996/gr_106418_1996.html

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