Philippine Bar review · Question

Practice question: Transactions Covered

Multiple Choice Hard

Practice question

A covered real-property contract to sell permits cancellation without judicial action. Does that clause by itself dispense with the applicable Maceda Law protections?
  1. No; contractual extrajudicial cancellation remains subject to applicable statutory requirements
  2. Yes, every private clause prevails
  3. Yes, retained ownership eliminates all buyer rights
  4. Yes, no notice can ever be needed
  5. Yes, Section 7 applies only to completed deeds

Legal references

  • RA6552, Sections3-7: https://lawphil.net/statutes/repacts/ra1972/ra_6552_1972.html
  • State Investment Trust, Inc. v. Spouses Baculo, G.R. No.237934, June 10, 2024, MAIN decision: https://lawphil.net/judjuris/juri2024/jun2024/gr_237934_2024.html

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