Practice question
A covered developer sues on the premise that a buyer’s contract was cancelled. It proves only its own dispatch record, while the court finds no proof that the buyer received the required notarial notice. No separate judicial cancellation or other ground is established. What is the consequence for that asserted statutory cancellation?
- Dispatch alone does not establish the receipt-based cancellation requirement
- The court must conclusively presume receipt on drafting
- Receipt is immaterial under both Sections3 and4
- The buyer’s silence necessarily waives all statutory requirements
- The developer can replace proof by its preferred contract caption
Legal references
- RA6552: https://lawphil.net/statutes/repacts/ra1972/ra_6552_1972.html Sections3–5,7.
- Jestra Development v Pacifico GR167452 January30,2007 MAIN: https://lawphil.net/judjuris/juri2007/jan2007/gr_167452_2007.html Section4 sequential cancellation requirements.
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