1. A) Define a contract of sale in accordance with Article 1458 of the Civil Code. B) Application
problem: Suppose you had just bought a laptop computer for Php 80T sold to you by a stranger. A
few days later, a student comes to you showing a police blotter report of theft of her laptop with
proof of purchase in her name with a similar serial number of the laptop you just bought. Should you
insist that you are now the owner thereof? Explain.
2. A. What is the significance of the presence of elements of a contract? B. Distinguish, and give
each an example the essential, the natural, and the accidental elements of a contract of sale.
3. How shall a contract of sale be perfected? What is the legal effect as to the ownership of the thing
sold?
4. What is the significance of the act of delivery of a property as far as the rights of the buyer is
concerned?
5. Sendoy sold his land to his neighbour Bewan, who immediately took possession of the same but
because of financial constraints, did not bother to register the sale. A month later Sendoy sold the
same to Betwo, (an OFW who has knowledge of the prior sale), who paid twice the amount paid by
Bewan. Betwo then registered the sale unto the Register of Deeds. Betwo, armed with the Certificate
of Title to the land, politely asked Bewan to vacate the property, with the latter saying “imo nang
papel, sa ako ang yuta”. Both ask you, who is the rightful owner of the land? Reason out your
answer.
6. Define warranty in a contract of sale. What are the implied warranties in sales?
7. Manong Mael purchased one box of Tagal Pawikan Capsules for Php 5000.00. After one week, he
went back to the same pharmacy demanding a refund, claiming it has no effect on his sexual stamina
as advertised on radio. The sales lady refused, saying there is a caveat on air “no approved
therapeutic claim”. Who is right, Manong Mael or the saleslady? Why?
8. Under the Realty Instalment Buyer Protection Act (R.A. 6552), after having paid in installment for
8 years a total of Php1,000,000, how much cash surrender value shall the buyer be entitled for refund
if the contract is cancelled by default?
9. Briefly discuss the nature of a “bulk sale”. What are the requirements for a valid bulk sale?
10. A, B, and C, siblings to each other, are co-owners of the ancestral house and lot in Kidapawan
City. C, a drug addict, validly sold his interest of the property to Datu Janggo who is C’s shabu
supplier. A and B come to you for advice of their plan of ousting Datu Janggo of his interest in the
co-owned property. Is there any way possible? Give a legal basis for your answer.