CHAPTER 7

QUESTIONS ANSWERS ARTICLE PAGE

Bautista, Norshelle S.
1. What is the effect of ratification 1. Ratification cleanses the contract Article 1392 Pg. 433
in a contract? of all its defects from the moment it
was executed. In addition, the effect
of ratification is to make the contract
valid from its inception subject to
the prior rights of the third person.

2. K sold his dog to M. On the 2. Under Article 1400, if the thing is Article 1400 Pg. 440
petition of K, the sale was annulled lost in possession of M but without
by the court but the dog dies in the his fault there is no more obligation
possession of M without his fault. to return that thing.
What are the rights of the party?

3. In the same problem, suppose 3. If it is because of fortuitous event, Article 1402 Pg. 441
that the dog died due to a M can refuse to return the
fortuitous event. What are the purchased price and as injured party
rights of the party? M has the right to demand the value
of the dog with damages.

Tenorio, Femalyn
1. Who may ratify the contract 1. As a legal representative of their Article 1394 Pg. 435
which was entered by wards, the guardians have the power
incapacitated person? to contract on their behalf which
also allows them to ratify contracts
entered by their wards. The injured
party himself provided that he is
already capacitated.

2. B entered into contract of sale of 2. Yes because even there has been Article 1390 Pg. 431
motor vehicle with S. Few months no damage. S is incapable of giving
after the sale, R, the registered consent to the contract and that
owner of the motor vehicle, filed a consent is vitiated and there us a
complaint for annulment of violation in consent
contract of sale that S executed
with B and argued that his consent
was vitiated. He did not intend to
sell his motor vehicle but only to
lease it. Is the contract valid or
voidable?
3. What is the effect if the party 3. There will be no annulment if the Article 1402 Pg. 441
cannot restore what he is bound to party cannot restore what he is
return? bound to return. This is true even if
the loss is due to fortuitous event.

Soriano, Clarisse Joy L.

1. Under the duty of mutual 1. The value thereof with the Article 1398 Pg. 439
restitution upon annulment, where corresponding interest
there is personal obligation and the
service has been rendered, what
would be the basis for damages?

2. The guilty party, including his 2. The principle that he who comes Article 1397 Pg. 438
successor in interest, cannot ask to court must come with clean hands
for annulment. This rule is
sustained by what principle?

3. What is created when a contract 3. A reciprocal obligation of Article 1402 Pg. 441
is annulled? restitution.

Gatlabayan, Mark Bien I.

1. It extinguishes the action to 1. Ratification Article 1392 Pg. 433
annul a voidable contract. It means
that one voluntarily adopts or
approves some defective or
unauthorized act which, without
his subsequent consent, would not
be binding on him.

2. A contract entered into by an 2. The guardian; the injured party Article 1394 Pg. 435
incapacitated person may be himself provided he is already
ratified by: capacitated.

3. It is a kind of ratification that is 3. Express Article 1393 Pg. 434

manifested in words or in writing

Gravito, Danica M.
1. Can an incapacitated person file 1. No, because a Article 1391 Pg. 433
action for annulment within four minor is considered an
years from the date of discovery of incapacitated person thus giving him
mistake or fraud by the other no capacity to sue until his
party? guardianship ceases.
2. X, a minor, sold his land to Y. 2. In this situation what kind of Article 1393 Pg. 434
Upon reaching the age of majority ratification was manifested?
(legal age), X, with full knowledge - Implied or Tacit Ratification
of his rights and premises, instead because there was no ratification
of repudiating the contract, manifested in writing or express
disposed of the greater part of the ratification
proceeds, or collected the unpaid
balance of the purchase price from
Y

3. Who can ratify contracts entered 3. His/her guardian, and also injured Article 1394 Pg. 435
by an incapacitated person? party himself/herself provided he is
already capacitated.

Malveda, Jona Lane N.

1. What will happen if a voidable 1. It become absolutely valid and can Article 1390 Pg. 432
contract is ratified? no longer be annulled.

2. When a contract is annulled, 2. Reciprocal Article 1402 Pg. 441

_______ obligation of restitution is
created.

3. When does ratification take 3. From the moment it was Article 1392 Pg. 433
effect? constituted

Biag, John Paul T.

1. Joseph defrauded Mary to enter 1. No. The guilty party has no right to Article 1397 Pg. 438
into the contract. Can Joseph ask ask for annulment because a person
for annulment of the contract? who comes to court must come with
clean hands.

2. Which party has no right to ask 2. The guilty party, including his Article 1397 Pg. 438
for annulment? successor in interest, cannot ask for
annulment. This rule is sustained by
the principle that he who comes to
court must come with clean hands.

3. Fill in the blank: Ratification is 3. Unilateral Article 1395 Pg. 436

_____ act by which a party waives
the defect in his consent
Canja, Benedict B.
1.D is experiencing post-partum 1. Yes. The contact may be ratified Article 1394 Pg. 435
depression. She entered a contract by the party himself provided he is
stating that she will sell her house. already capacitated.
Can she ratify the contract after
she recovers?

2. F was defrauded by X. When will 2.When the fraud is discovered. Article 1391 Pg. 433
the 4-year period for the action for
annulment starts?

3. J said to H, who was the one 3. Yes. Ratification can be done Article 1393 Pg. 434
who bought J’s property when the orally.
latter was a minor, that he will
collect the remaining unpaid
balance of H for the sale of the
property. Is the contract ratified?

Meneses, Nico A.
1. Give the difference between 1. Void is invalid contract it may be Article 1390 Pg. 431
VOID and VOIDABLE. against to law, customs, and public 1409 457
policy while Voidable is valid but
may be void or annul in case the
contract brings contrary to law,
policy and etc.,

2. X and Y entered into a contract. 2. No, because it is valid but Article 1390 Pg. 431
But X is minor. Is the contract void? voidable. X is not incapable of giving
consent to the contract.

3. Ratification extinguishes the 3. TRUE, because the purpose of Article 1392 Pg. 433
right of action to annul. TRUE OR ratification is to clean the defects in
FALSE contract so there’s no need to annul.

Manlangit, Czarina Joy B.

1. Kristen sold one of her sows to 1. Jordan has no more obligation to Article 1401 Pg. 440-
Jordan, not knowing it was return the thing lost. While Kristen 1402 442
pregnant. On her petition, the isn’t compelled to restore what in
contract was annulled by the court. virtue of the decree of annulment
But the pig died in Jordan’s she’s bound to return. She, also as
possession through fortuitous an injured party, has the right to
event. What are the rights of the demand the value of the sow with
parties? damages.

2. What are the two different 2. (1) The plaintiff must have an Article 1397 Pg. 437
requisites which are required to interest in the contracts
confer the necessary capacity to
bring an action for annulment of a (2) The victim and not the party
contract? responsible for the defect is the
person who must assert
the same.

3. X sold you a house and lot. The 3. Yes. Z can bring an action to annul Article 1390 Pg. 431
consent of X was vitiated by undue the sale. Since the consent was 1397 437
influence. Subsequently, X sold the vitiated by undue influence.
same property to Z. Does Z, as a
stranger to the contract of sale
between you and X, has a right of
action?

Manuel, Elomaisa Joy M.

1.________ are those which 1. B. Voidable Contracts Article 1390 Pg. 431
possess all the essential requisites
of a valid contract but one of the
parties is incapable of giving
consent or consent is vitiated by
the vises of consent.
a. Unenforceable Contracts
b. Voidable Contracts
c. Void or Inexistent Contracts

2. What is the effect of ratification 2. The effect of ratification is to Article 1396 Pg. 436
retroactive? make the contract valid from its
inception subject to the prior rights
of third persons.

3. Abc sold his plow and carabo to 3. Yes, Def must pay the value of the Article 1400 Pg. 440
Def. On the petition of Abc, the carabao at the time of its death, with
contract was annulled by the court. interest from the same date. If the
But the carabao died in the carabao had given birth, the young
possession of Def through his fault. must also be delivered as the fruit of
Is Def liable? the said animal.

Bariring, Margarita C.
1. Should B ask for the consent of 1. No, because according to Art. Article 1395 Pg.435
R, the guilty party, in ratifying the 1395, the ratification does not
contract? require the conformity of the
contracting party who, in the first
place, has no right to bring the
action for annulment.

2. What is a tacit ratification? 2. Those that are manifested Article 1393 Pg. 434
through silence, acts showing
adoption or approval of a contract,
 or by acceptance and retention of
benefits flowing therefrom.

3. Is the successor of A allowed to 3. No. “He who comes to court must Article 1398 Pg. 438
ask for annulment given that A is come with clean hands.”
the guilty party?

Jimenez, Felice
1. What causes a contract to be 1. This kind of defective contract is Article 1390 Pg. 431
voidable? caused by the vices of consent,
namely: fraud, intimidation,
violence, undue influence or
mistake.

2. A voidable contract is originally 2. The contract remains valid and Article 1390 Pg. 431
considered to be legal and enforceable.
enforceable but can be rejected if
the contract is discovered to have
defects. But if the party with the
power to reject the contract
chooses not to despite the defect,
what happens to the contract?

3. In case of mistake or fraud, why 3. This must be so because before Article 1391 Pg. 433
is it that the 4-year period for the time of discovery, the innocent
bringing an action for annulment party is unaware of the reason which
shall begin from the time it was renders the contract voidable and
discovered. cannot also be expected to bring an
action in court.

Mariano, Alaina Dominique V.

1. Annulment is a principal action 1. True Article 1390, Pg. 431-
unlike rescission which is merely Differences 432
subsidiary. True or false? between
action for
annulment
and rescission

2. What is the period to bring 2. 4 years from time defect of Article 1391, Pg. 433
action for annulment in cases of consent ceases Period for
intimidation, violence and undue filing action
influence? for annulment

3. What is the period to bring 3. 4 years from time of discovery Article 1391, Pg. 433
action for annulment in cases of Period for
mistake and fraud? filing action
for annulment
Silos, Gian Selwyn Joy
1. The requisites for express 1. The former is effected expressly Article 1393 Pg. 435
ratification are the same as those
implied ratification except for?

2. What are the two kinds of 2. Express and implied or tacit Article 1393 Pg. 434
ratification?

3. Is it possible for a contract to be 3. Yes, if the required condition for Article 1390 Pg. 431
both rescissible and voidable? both are present.

Caparas, Jessner R.
1. What are the requisites of 1.-There must be knowledge of the Article 1393 Pg. 434
implied ratification? reason which renders the contract
voidable;

-Such reason must have ceased;

and

-The injured party must have

executed an act which necessarily
implies an intention to waive his
right.

2. What is the effect of ratification? 2. It cleanses the contract from all its Article 1392 Pg. 433
defects from the moment it was
constituted. The contract thus
becomes valid. Hence the action to
annul is extinguished.

3. True or false: Violation of 3.False. It is a defect that can cause a Article 1390 Pg. 432
consent, where the vitiation is contract to be voidable
done by mistake, violence,
intimidation, undue influence, or
fraud is not a cause for a contract
to be voidable.

Buenaflor, Pia Josette S.

1. What is ratification? 1. Ratification means that one Article 1392 Pg. 433
voluntarily adopts or approves some
defective or unauthorized act or
contract which, without his
subsequent approval or consent,
would not be binding on him. It
indicates an intention on the part of
the ratifier to be bound to the
provisions of the contract.
2. When is the right of minors to 2. The right of action of a minor to Article 1391 Pg. 432
annul? annul a contract made in his
minority must be exercised within
four years following the date when
he was released from guardianship,
and if not existed within this time it
prescribes

3. What contracts are voidable or 3. Those where one of the parties is Article 1390 Pg. 431
annullable? incapable of giving consent to a
contract; b) those where the consent
is vitiated by mistake, violence,
intimidation, undue influence or
fraud

Maaño, Crista Grace L.

1. An oral contract of 1. It’s valid but voidable because Article 1327 Pg. 342
commodatum, whereby F, 17 years minors cannot enter into a contract.
old, lent his cellphone to B, 22
years old for a week. Is it
considered valid?

2. What makes the contract 2. (1). Those where one of the Article 1390 Pg. 431
“voidable” only and not void? parties is incapable of giving consent
to a contract.

(2). Those where the consent is

vitiated by mistake, violence,
intimidation, undue influence or
fraud.

3. Contracts entered into a state of 3. B. Voidable Article 1328 Pg. 343

drunkenness or during a hypnotic
spell are:

a. Valid
b. Voidable
c. Rescissible
d. Void

Bosi, Rosel
1. What do you call those 1. Voidable or Annullable Article 1390 Pg. 431
contracts which possess all Contracts
the essential requisites of a
valid contract but one of
the parties is incapable of
 giving consent, or consent
is vitiated by mistake,
violence, intimidation,
undue influence or fraud?

2. Fill in the blanks. Under Article 2. Reciprocal Obligation Article 1402 Pg.441
1402, when a contract is annulled,
_____ of restitution is created.

3. Can the guilty party, including 3. No, they can’t. This rule was Article 1397 Pg. 438
his successor in interest, ask for sustained by the principle that he
annulment? Yes or no, and why? who comes in court must have clean
hands.

Faustino, Maria Joshie H.

1.True or False. The action of 1.False. Within four years Article 1391 Pg. 432
annulment shall be brought within
five years.

2. In case the contract is voidable 2. The party whose consent is Article 1394 Pg. 435
on the ground of mistake, vitiated
ratification can be made by the
party that is?

3. In an action for annulment of a 3.There is a tacit ratification Article 1393 Pg. 435
contract of sale, S alleged that the
sale was executed by him through
the threat and intimidation of B. It
appears, however, that S deposited
the check for the purchase price
and withdrew the money from
time to time. What kind of
ratification is this?

Jaicyl Anne Albaño

1.When can an action for 1. C Article 1391 Pg. 432
annulment shall be brought?
A. At fourth year
B. Before fourth year
C. Within four years
D. After four years

2. Ratification means 2. A Article 1392 Pg. 433

A. Cleanses all the defect from the
contract
B. Vitiation of consent
C. Indemnification of the damages
D. Annulment of the contract
3. If the thing to be returned is lost 3. B Article 1400 Pg. 440
without the fault of the person
obliged to make restitution,
A. The defendant is held liable
B. There is no more obligation to
return such thing
C. It will be taken to the court
D. The defendant will replace the
object

Santos , Meribe B.
1. Contract is voidable because of a 1. (1) legal incapacity to give Article 1390 Pg. 740
defect caused by? consent, where on of the parties is
incapable of giving consent to the
contract. (2) violation of consent,
where the vitiation is done by
mistake, violence, intimidation,
undue influence, or fraud.

2. Remedy provided by law, for 2. Annulment Article 1391 Pg. 741

reason of public interest, for the
declaration of the inefficacy of a
contract based on a defect or vice
in the consent of one of the
contracting parties

3. In case the contract is voidable 3. Ratification can be made by the Article 1394 Pg. 748
on the ground of mistake? party whose consent is vitiated.

Villadiego, Mark Anthony Q.

1. T/F. Annulment can be brought 1. False. Only the parties included in Article 1391 Pg. 741
by a third person. the contract may brought in
annulment.

2. T/F. Ratification may allow a 2. True. Ratification one of the ways Article 1392 Pg. 745
voidable contract to be valid and to make voidable contracts valid and
enforceable. enforceable.

3. Can a guardian or the 3. Yes, according to Art. 1394, the Article 1394 Pg. 747
incapacitated person be allowed to guardian and the incapacitated
ratify? person may ratify
Alfajaro, Ma. Annaliza A.
1. F alleged that the sale of his 1. No, because the contract is Article 1393 Pg. 435
horse was executed because G deemed ratified by F and according
threatened him. However, F to Article 1392, ratification
accepted G's payment and used extinguishes the action to annul a
the money from time to time. Is voidable contract.
the contract can still be annulled?

2. What must be done if a contract 2. The parties must restore to each Article 1398 Pg. 438
is annulled? other the subject matter of the
contract with its fruits and the price
thereof with legal interest.

3. What is the effect if the loss of 3. His obligation is not extinguished Article 1400 Pg. 440
thing to be returned is the fault of but is converted into an indemnity
the person obliged to make for damages consisting of the value
restitution? of the thing at the time of the loss
with interest from the same date
and the fruits received from the time
the thing was given to him to the
time of its loss.

Tecson, Harley L.
1. True or False. A guilty party can 1. False, because the guilty party Article 1397 Pg. 438
come to court and ask for including his successor in interest,
annulment. cannot ask for annulment.

2. Why is that a guilty party cannot 2. Because it is a rule sustained by Article 1397 Pg. 438
ask for annulment? the principle that he who comes into
court must come with clean hands.

3. A sold his dog to B for P1000. 3. B has no obligation to return such Article 1400 Pg. 440
The contract was later annulled by a thing since the loss of thing to be
the court through A’s petition. returned is not his fault. But A
However, the dog died due to age cannot also be compelled to restore
in B’s possession. What is the what he is bound to return
obligation of B?

Bagacay, Cynthia Marie P.

1. G sold a car to Y for P500,000. 1. B. J can bring an action to annul Article 1397 Pg. 437
The consent of G was vitiated by the sale
fraud. Subsequently, G sold the
same car to J.

A. J can buy the car for a lower

price
B. J can bring an action to annul
the sale
C. J cannot bring any action since
he is not under the contract
D. J cannot bring any action since
he is a stranger

2. M sold his male horse to Q. On 2. Q must pay the value of horse at Article 1400 Pg. 439-
the petition of M, the contract was the time of its death, with interest 440
annulled by the court. But the from the same date.
horse died in the possession of Q
through his fault. What must Q do?

3. Ratification cleanses the 3. Valid Article 1392 Pg. 433

contract from all its defects from
the moment it was constituted.
Therefore, the contract becomes
______.

Azarcon, Shania Via D.

1. True or false. Voidable contracts 1. False. Annulment of a contract Article 1391 Pg. 432
are valid and obligatory even when declares the inefficacy of it.
annulled.

2. True or false. To annul a 2. False. Annulment is a remedy Article 1391 Pg. 432
contract, no proper action in court specifically provided by the law.
is needed.

3. True or false. Once ratified, 3. True. As stated in Art. 1392 Article 1392 Pg. 433
voidable contracts become
absolutely valid and can no longer
be annulled.

Rival, Mel Jobert

1. Give the 2 types of contract that 1. Those where one of the party is Article 1390 Pg. 431
is voidable/annullable. incapable of giving consent and
those where consent is vitiated by
mistake, undue influence, fraud,
violence or intimidation

2. It is an action that extinguishes 2. Ratification Article 1392 Pg. 433

the action to annul a voidable
contract

3. Why is ratification considered as 3. Because if we were to include the Article 1395 Pg. 436
a unilateral act? consent of the guilty party, he could
simply refuse to give his conformity
Sipsip, Jamezel Anne S.
1. S, 17 1/2 years old, sold his 1. S may no longer annul his contract Article 1393 Pg. 434
bicycle to B, 24 years old, for with B. There was implied
12,000.00. The price is payable in ratification when S upon reaching
12 monthly installments. After the age of majority continued to
reaching 18, S continued to collect collect the remaining instalments.
the remaining six instalments until
the price was paid in full. May S
annul his contract with B?

2. B forced S to sell the latter's 2. S, because ratification has a Article 1396 Pg. 436
cow. Later, the cow gave birth to a retroactive effect. It validates the
calf. If S should ratify the contract contract from the date of its
after the birth of the calf, who is execution.
entitled to the calf? Explain.

3. D has been for more than 10 3. The deed of donation is voidable Article 1390 Pg. 431
years the personal physician of P, a on the ground of undue influence. par 2
sickly man of 70 years. D talked to
P almost every day in the course of
giving medical service to P to
convince P to donate his lot to D
since D told him that he was the
only one who could take care of
him. Because of the persistence of
D, P finally signed the deed of
donation of the lot in D’s favor
with all the formalities required by
law. Is the deed of donation valid?

Hernales, John Paul H.

1. A voidable contract remains 1. It is valid until annulled by a Article 1390 Pg. 431
valid and binding between parties proper action in court by the injured
until party

2. Is it allowed for G, Guardian of 2. Yes, guardians are entitled the Article 1394 Pg. 435
M (a minor) to ratify the contract power to act and contract on the
entered by M? behalf of their wards. And therefore,
G is allowed to ratify the contract
entered by M.

3. B bought a gold earring from S at 3. The thing here, in the possession Article 1401 Pg. 441
P 50 000.00, which is twice of its of the party who has the right to
fair market value. The former was bring the action of annulment, was
drunk during the transaction. The lost due to her fault therefore the
following day, D asked for the action of annulment is extinguished.
annulment of the contract, but she
also happen to lost the earring that
same night when she was already
sober. What are the actions for the
annulment?

Rias, John Clark A.

1. A contract is voidable if both 1: False. Those where one of the Article 1390 Page
parties are incapable of giving parties is incapable of giving consent 740-PDF
consent. True or false? Version

2. Is void and annullable the same? 2: No. Voidable and annullable are Article 1390 Page
those that are the same. 740-PDF
Version

3. Consent vitiated by violence is 3: False. It is only voidable. Article 1390 Page

void. True or false? 740-PDF
Version

Despabiladeras, Harvey M.
1. T/F A contract where both 1. False. The contract is Article 1403 Pg. 445
parties are incapable of giving unenforceable, unless they are
consent is voidable. ratified.

2. T/F If a party ratifies a voidable 2. False. Ratification extinguishes the Article 1392 Pg. 433
contract, he can subsequently ask action to annul a voidable contract
for its annulment.

3. T/F Ratification cleanses the 3. True. The effect of ratification is to Article 1396 Pg. 436
contract of all its defects from the make the contract valid from its
moment it was executed. inception subject to the prior rights
of third persons.

Cajanding, Jomer P.
1. If the ________ is based upon 1. Right Of action Article 1401 Pg.758
the incapacity of any one of the (pdf)
contracting parties, the loss of the
thing shall not be an abstacle to
the success of the action

2. ____ is necessary to annul a 2. Direct court action Article 1391 Pg.742

voidable contract, and until (pdf)
annulled or set aside by the court,
a party cannot relieve himself from
the obligations arising therefrom.

3. Ratification extinguishes the 3. Voidable Article 1392 Pg.745

action to annul a ______ contract. (pdf)
Operio, Shiela Mae C.
1. What is the effect of ratification? 1. Ratification cleanses the contract Article 1392 Pg. 433
from all its defects from the moment
it was constituted. The contract
becomes valid and the action to
annul is extinguished.

2. True or False. Ratification 2. False Article 1395 Pg. 435

requires the conformity of the
party who has no right to bring the
action for annulment.

3. True or False. The action for 3. False Article 1391 Pg. 433
annulment must be brought within
four years. In case of mistake, the
period begins to run from the time
it was committed.

Manlapig, Gabrielle Joy Y.

1. Complete the sentence: “(2) 1. Mistake, Violence, Intimidation, Article 1390 Pg. 431
Those where the consent is vitiated Undue Influence, Fraud.
by m_____, v_____, i______,
u_______, or f______.” State these
in no particular order.

2. Complete the sentence: 2. Ratification. Article 1392 Pg. 433

“R_______ extinguishes the action
to annul a voidable contract.”

3. May the guardian of the ward 3. Yes. Since they are the legal Article 1394 Pg. 435
ratify a contract? representative of their wards--
hence, they may ratify on their
behalf.

Mortel, Famela L.
1. In case of intimidation violence 1. From the time the intimidation Article 1391 Pg. 432
or undue influence, on what period ceases.
shall begin the action for
annulment of a contract.

2. True or False. Ratification does 2. True. Article 1395 Pg.435

not require the conformity of the
contracting party who has no right
to bring the action for annulment.
3. Ratification is a ____ act by 3. (a) Unilateral Article 1395 Pg. 436
which a party waives the defect in
his consent.
(a) Unilateral
(b) Bilateral
(c) Principal
(d) Subsidiary

Transfiguracion, Cayla Mae L.

1.What must be restored upon the 1. (1) The object of the contract with Article 1398 Pg. 439
annulment of contract? its fruits
(2) The price thereof with legal
interest
2. What are the contracts that 2. Voidable. Article 1390 Pg. 431
possess all the essential requisites
of a valid contract but there has
been a vice to the consent.

A. Voidable
B. Rescissible
C. Void
D. Unenforceable

3. If one party cannot return what 3. There will be no annulment Article 1402 Pg. 441
he is bound to return, is there an
annulment I effect?

Dela Cruz, Paul Vincent

1. D formed a contract with B. B’s 1. No, he doesn’t have the right to Article 1397 Pg. 437
friend told A, B’s brother, of the annul the contract of D and B.
fraudulent intention of D. Can A
annul the contract based on the
fraud of D?

2. The adoption or affirmation of a 2. Ratification Article 1392 Pg. 433

contract which is defective because
of a party’s vitiated consent or
incapacity.

3. D, a minor, entered into a 3. No, since ratification cleanses a Article 1396 Pg. 436
contract with C. D’s guardian contract and extinguishes the
ratified the contract. Can D still remedy to annulment.
annul the contract in consideration
of him being a minor?
Alfelor, Edmar Angelo D.
1. Which is a vice of consent? 1. A. Dolo is fraud. Article 1390 Pg. 431
A. Dolo
B. Donation
C. Ratification
D. Influence
2. Which is not a vice of consent? 2. Dolo incidente is fraud caused Article 1392 Pg. 433
A. Dolo Causante during the performance not in along
B. Fraud the acceptance or giving of the
C. Dolo Incidente consent.
D. Mistake
3. When can B, the guardian of C, If C is incapacitated to give consent – Article 1394 Pg. 435
ratify a contract which C entered when B is a guardian of C
into?

Dela Cruz, Yzhraelle Faith R.

1. What way of extinguishment 1. The contract is voidable when a Article 1390 Pg. 432
should a contract undergo if it is party willingly or of unwilling
deemed voidable? consent while annulment is the
remedy or declaration that the
contract is severed unduely.

2. Parties allowed to bring actions 2. Third parties are without right to Article 1397 Pg. 437
in annulment bring action unless they can show
detriment to form the contract with
no intervention. Guilty party cannot
bring action and ask for annulment.

3. What is the exception to the 3. If one of the parties are Article 1401 Pg. 441
general rule of restitution incapacitated, they are not obliged
to make a restitution unless
benefited