A donation, on 27 March 2017, between Rose and Andre, her "ninong". Here, Rose donated a parcel of land with an area of 5,000 square meters to Andre.

When you were talking, Rose told you that she only wanted to donate 1,000 square meters but Andre really tried hard to convince her to give the whole land. Rose also told you that she really did not want to but since Andre was her ninong, she had no choice but to agree.

Lastly, Rose wanted to include as a stipulation in the Deed of Donation that Andre cannot sell the land within 10 years from the date of the donation, otherwise, the donation will be cancelled and the land will be returned to Rose. However, Andre did not want to include that stipulation in the Deed and even prevented Rose from including other stipulations that she wanted to include.

Philippines Law on obligations and contracts

Based on what you have read and studied about Contracts, how will you answer the following questions of Rose:

1. Is there a valid agreement between Rose and Andre? Explain your answer.
2. Can Andre prevent Rose from including in the agreement the stipulations that she wanted to include? Explain your answer.
3. Since she feels that she was greatly disadvantaged by the donation, Rose really wants to get the land bank. Can Rose still do so? Explain the remedies of Rose in this situation.
4. Until when can Rose get the land back if she wishes to do so? Explain your answer.

Answer rating: 100% (QA)

1 Is there a valid agreement between Rose and Andre Explain your answer In order for an agreement to be valid certain elements must be present including offer acceptance consideration and mutual conse... View the full answer