Question B.15, 2019 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.15.

(Question B.15, Civil Law, 2019 Bar Exam)

Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q accepted on the condition that their agreement will not take effect until after one (1) year. Mr. P then acceded and both of them shook hands. Excited about the prospect of acquiring Mr. P’s shares, Ms. Q approached the former and offered to pay him an earnest money equivalent to 1 % of the purchase price, which Mr. P accepted. After one (1) year, Ms. Q approached Mr. P seeking the enforcement of their agreement for Mr. P to sell his shares to her. Mr. P refused to honor their agreement, claiming that the same was covered by the Statute of Frauds because it was not reduced into writing and hence, unenforceable.

Is the position of Mr. P correct? Explain. (3%)

Suggested Answer:

No. Answer

Under jurisprudence, Statutory Fraud applies only to executory contracts, i.e., those where no performance has yet been made. Where the verbal contract of sale has been partially executed through the partial payments made by one party duly received by the vendor, the contract is taken out of the scope of the Statute.  Rule

In the case at bar, Ms. Q paid earnest money equivalent to 1% of the purchase price, which Mr. P accepted. This resulted in the exclusion of the transaction from the coverage of the Statue of Fraud. Apply

Thus, the position of Mr. P is not correct. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

A. Due process

Frequency: ★★☆☆☆ 2 aspects of due process. Due process of law has two aspects: substantive and procedural. In order that a particular act may not

B. Privileges, inhibitions, and disqualifications

Frequency: ★★★★★ | Probability: ★★★★☆ 1. Privileges a. Presidential immunity Concurrent with incumbency. The presidential immunity from suit exists only in concurrence with the president’s

F. Crimes committed by public officers

Frequency: ★★★★★ CHAPTER 1: PRELIMINARY PROVISIONS a. CONCEPT OF PUBLIC OFFICERS PUBLIC OFFICERS: For the purpose of applying the provisions of this and the preceding

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

M. Comprehensive Dangerous Drugs Act of 2002

Frequency: ★★★★☆ 1. Crimes a. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals 1st Mode 1)

I. Crimes against property

Frequency: ★★★★★ CHAPTER 1: ROBBERY IN GENERAL ELEMENTS – ROBBERY IN GENERAL: 1) There is taking of personal property; 2) The personal property belongs to

A. General provisions

1. DEFINTIONS Succession. Succession – is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value

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