Philippine Bar review · Question

Practice question: Requisites for Valid Cancellation; Effect of Failure to Comply

Multiple Choice Medium

Practice question

A covered buyer paid only one qualifying year. The seller completes section 4’s grace and notarial-notice requirements. The buyer claims section 4 itself always mandates a fifty-percent refund. No other contractual or legal refund ground is asserted. What is correct?
  1. Every defaulting buyer receives fifty percent regardless of the paid-installment threshold.
  2. Section4 does not itself automatically grant section 3’s fifty-percent cash surrender value to the stipulated less-than-two-year buyer.
  3. A refund is forbidden under every possible other law or agreement.
  4. The buyer necessarily owns the property despite unpaid price.
  5. Section4 eliminates the notice requirement if no refund is due.

Legal references

  • https://lawphil.net/statutes/repacts/ra1972/ra_6552_1972.html — RA 6552, sections 3–5 and7.
  • https://lawphil.net/judjuris/juri2007/jan2007/gr_167452_2007.html — Jestra Development v Pacifico, GR 167452, January 30 2007, main opinion: section 4 two-step cancellation.

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