Essay Flashcards

Jomar, owner of a 2,200-square-meter urban lot, orally agrees to sell to Mira for PHP 3,900,000. The land is titled in Jomar’s name. No public instrument is executed to transfer the property; no notarization is made. Mira pays PHP 350,000 as down payment and occupies the land, constructing a small structure. After Jomar dies, Mira seeks relief, contending the agreement should be enforceable.
(a) Identify the doctrine that governs this situation and classify the contract as unenforceable, void, or voidable, with a brief justification.
(b) Can Mira seek specific enforcement or other remedies in light of its status as unenforceable, and how does this differ from void or voidable contracts?
(c) If the parties thereafter execute a public instrument and register the deed, would the contract become enforceable? Outline the steps needed to cure the defect.