Philippine Bar review · Question

Practice question: Assignment and Transmission of Rights

Multiple Choice Hard

Practice question

An assignment was recorded five months after execution but before any later purchase or mortgage. A later purchaser without notice says the earlier assignment necessarily loses Section 106.2 protection because recordation missed three months. Which is correct?
  1. Every late recording is ineffective forever
  2. Only the later purchaser’s good faith matters
  3. Recordation has no effect in any case
  4. The instrument must be destroyed
  5. The statute also permits recordation before the subsequent purchase or mortgage; missing three months alone is not decisive here

Legal references

  • RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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