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Question 8

2023 Bar · Civil Law · 1 sub-question

8. Niccolo and his girlfriend Meann were classmates in medical school. When they finished their studies and started earning, they decided to invest in a condominium unit together which they hoped to lease out. Since Niccolo came from a rich family and was still receiving an allowance from his parents, the couple decided that Niccolo would shell out 2/3 (₱10 million) of the ₱15 million purchase price, while Meann would contribute 1/3 (₱5 million). They asked a mutual friend who was a law student to draw up a contract which reflected the mentioned interests. The contract also had a provision that their shares in the Page 4 of 7 benefits as well as the charges affecting the property would be equal. They then found a long-term tenant who rented the property for ₱30,000 a month. Unfortunately, Niccolo and Meann broke up and are now quarreling over their respective shares in the rental income. Niccolo insists that he should get ₱20,000 or 2/3 of the monthly income while Meann claims that it should be ₱15,000 each. Who is correct? Explain your answer.

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