2017 Civil Law, Q10

Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void:
(a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her grand piano for ₱5,000.-00. (2%)
(b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%)
(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)
(d) A sale entered by Barri and Garri, both minors, which their parents later ratified. (2%)
(e) Jenny’s sale of her car to Celestine in order to evade attachment by Jenny’s creditors. (2%)

Quick check

Under Article 1390(1) of the Civil Code, what is the legal status of a contract where one of the contracting parties is a minor?

Under Article 1409(4) of the Civil Code, what is the legal effect of a contract leasing a public body of water like the Philippine Sea?

Under Article 1403(3) of the Civil Code, what is the legal status of a contract where BOTH contracting parties are minors?

Under Article 1407 of the Civil Code, what occurs when the parents of BOTH minor contracting parties ratify an unenforceable contract?

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Under Article 1381(3) of the Civil Code, why is a sale of property made by a debtor to evade attachment by creditors rescissible?

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1. Defective Contracts Categories
Under the Civil Code, defective contracts are categorized into rescissible, unenforceable, voidable, and void contracts. Voidable contracts possess all essential requisites but are defective due to incapacity or vitiated consent. Unenforceable contracts cannot be enforced in court due to lack of authority, statutory writing requirements, or mutual incapacity of both contracting parties. Void contracts produce no legal effect whatsoever because their object or cause is illegal, impossible, or outside the commerce of men.

2. Minor Contracts Ratification
Under Article 1403(3) of the Civil Code, contracts where both contracting parties are incapable of giving consent, such as minors, are unenforceable. However, under Article 1407, if the parent or guardian of one of the incapacitated parties ratifies the contract, it becomes voidable at the instance of the other party. If the parents or guardians of both contracting parties ratify the contract, it becomes valid and fully effective from its inception, curing the original defect of mutual incapacity.

3. Fraudulent Conveyance Rescission
Under Article 1381(3) of the Civil Code, contracts undertaken in fraud of creditors are rescissible when the creditors cannot in any other manner collect the claims due them. Rescission is a subsidiary remedy designed to repair financial injury caused to third parties. A contract of sale executed by a debtor specifically to evade attachment or execution by existing creditors constitutes a fraudulent conveyance, rendering the alienation subject to judicial rescission at the instance of the defrauded creditor.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026