Philippine Bar review · Question

Practice question: Earnest Money

Multiple Choice Medium

Practice question

A receipt uses 'earnest money,' but the established agreement is a contract to sell with transfer dependent on a future stipulated payment condition. May the buyer rely on the label alone to demand immediate ownership as if Article 1482 conclusively established a sale?
  1. Yes, the label necessarily overrides the established agreement
  2. No, Chavez requires the actual contract-to-sell arrangement to be respected rather than converted solely by that label
  3. Yes, because every deposit is delivery of land
  4. No, because contracts to sell cannot involve any payment
  5. Yes, because the remaining condition disappears

Legal references

  • Civil Code Articles 1475, 1477 and 1482: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Chavez v. Spouses Gopez, GR 242366, February 26, 2025, main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_242366_2025.html

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