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Memorandum for Defendant

Decent Essays

Republic of the Philippines
COURT OF APPEALS
Manila

SECOND DIVISION

RAUL GERONIMO and ANNA GERONIMO Plaintiff-Appellee,

CIVIL CASE NO. 190211
-versus -

PETER PASCUAL Defendant-Appellant,

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MEMORANDUM

Defendant-appellant, Peter Pascual, through counsel, in compliance with the Honorable Court’s order,respectfully submits this Memorandum Prefatory Statement

Plaintiff-appellee RAUL GERONIMO and ANNA GERONIMO in the instant case claims, with the lower Court’s sanction, that there should be an annulment of the Deed of Sale, saying that the Contract of Sale of the Condominium …show more content…

This is the instance where the wife’s consent is not requires and, impliedly, no judicial intervention necessary.

In the instant case, the contract of sale is valid from the moment the defendant said YES to the plaintiff in April 2009. Defendant immediately agrees on buying the condo unit for Two Million Pesos upon offer, thus the contract of sale is valid, perfected and binding.

II. The parties were capable of giving consent to the contract specifically the plaintiff, thus:
Article 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties;
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
In the instant case, plaintiff was capable of giving consent to the contract and her consent was not vitiated by mistake.
Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract in such case is presumed to have been entered into in the place where the

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