Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

For a qualifying section 3 buyer, which combination is required for actual cancellation under section 3(b)?
  1. Default alone, without notice or refund.
  2. Only the seller’s internal bookkeeping entry.
  3. Expiration of thirty days from the buyer’s receipt of the notarial cancellation notice or demand for rescission, and full payment of the cash surrender value.
  4. Only mailing an unsigned ordinary reminder.
  5. Only returning one peso regardless of total payments.

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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