COMLAW4 Assignment 1
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kikoCOMLAW4 Assignment 1
Uploaded by
kikoMartha Jamero BABA 2B January 27, 2025
COMLAW4 Assignment
1. Who bears the risk of loss after the perfection of the contract of sale but before
delivery?
As an exception to the rule of res perit domino, the buyer bears the risk of loss
and not the seller. The contract of sale was perfected; thus, the seller can demand
payment from the buyer despite there being no delivery of the thing sold. However, if
the object was lost or deteriorated due to the fault of the seller, the buyer would not
bear the risk.
2. What are the rights of the buyer in sale of Real Property in Installments (R.A. No. 6552,
Maceda Law)?
A buyer, who has paid at least two (2) years of installment, has the right to pay without
additional interest the unpaid installments payable within the grace period. The grace period is
calculated at the rate of thirty (30) days for every year of installments paid. He can only exercise
this right once every five years of the life of the contract and its extensions, if any. However, if
the contract is cancelled, the seller shall refund to the buyer the cash surrender value of the
property payments equal to 50% of the total payments made and after five (5) years of
installments, an additional 5% for every year on payments that is not to exceed 90% of the total
payments. There should be an actual cancellation of the contract within thirty (30) days from
the notice and upon the full payment of the cash surrender value to the buyer.
A buyer, who has paid less than two years of installments, is given a grace period of at least sixty
(60) days from the date the installment became due. If the buyer fails to pay within the grace
period, the seller may cancel the contract after thirty (30) days from the receipt of the notarized
notice of cancellation or demand for rescission of the contract. The former can still pay within
the thirty (30) days grace period with interest.
The buyer has the right to sell or assign his rights by notarial act over the property to another
person by updating the account during the grace period and before actual cancellation of the
contract.
Section 6 of the Maceda Law states that the buyer shall have the right to pay in advance the
installments or the remaining balance of the property at any time without interest. To add, the
full payment of the property’s purchase price must be annotated in the certificate of title.
3. Give the effect in case the thing sold is:
a. Lost totally
If the thing was lost entirely during perfection, the contract becomes inexistent
and void as one of the essential requisites is not present. The parties cannot also bring
an action for annulment because there was no contract in the first place. The seller
bears the loss in this case and the buyer does not have to pay the price.
b. Lost partially
If the object was only partially lost, the buyer can either choose to withdraw
from the contract or exact fulfillment for the remaining part while only paying its
proportionate price.
4. OJ and Mariah are husband and wife. After selling his property to Mariah, OJ
borrowed a big amount of money from Junnifer. It appears that OJ is now bankrupt.
Does Junnifer have the right to question the sale of OJ’s property to Mariah in order to
have said property answer for OJ’s indebtedness to him?
Junnifer cannot question the sale between OJ and Mariah as she became a
creditor AFTER the transaction. Those permitted to question are the creditors prior to
the transfer, the heirs of either spouse, and the government when it involves taxable
transactions.
5. Ivan, a minor, bought a pair of imported shoes worth P10,000 from a department
store. Can the father of Ivan cancel the sale on the ground of minority of Ivan?
Yes, Ivan’s father can cancel the sale of imported shoes on the ground of minority
of his child. This contract is voidable because one of the parties was a minor who are
incapable of giving consent to contracts. Being the legal guardian, the father can
intervene in the sale since what Ivan bought were not necessaries.