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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A section 4 buyer defaults. On the first overdue day the seller sends a notarized cancellation notice announcing immediate termination. It never grants the sixty-day grace period and argues notarization cured everything. Which answer follows section 4?
  1. Notarization alone authorizes same-day cancellation.
  2. The buyer loses grace solely because a document is notarized.
  3. Every notice sent before grace expires automatically overrides the statute.
  4. The seller has not followed the required grace-then-notice process; notarization does not replace the sixty-day grace period and subsequent thirty-day interval.
  5. The contract is necessarily fully paid.

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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