Practice question
After the earned section 3 grace has expired, a seller fully pays the required surrender value but sends only an ordinary unsigned cancellation email, never a notice by notarial act. The buyer disputes receipt of any compliant notice. Can the seller rely solely on refund to establish statutory actual cancellation?
- Yes, because refund removes every notice requirement.
- Yes, because internal intention equals receipt.
- No, the proper notarial notice and receipt-based thirty-day interval remain required despite payment.
- Yes, because every email is necessarily a notarial act.
- No, because cash surrender value may never be paid voluntarily.
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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