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Question 11
11. Rico mortgaged a parcel of land to Maris as security for a loan. In the
mortgage contract, Rico appointed Maris as attorney-in-fact for the
purpose of selling the land in case of default in the payment of loan. Rico
failed to pay his obligation. Maris then purchased the land from Rico
through a deed of absolute sale. Later, Rico questioned the mortgage
contract because it violates the prohibition against pactum commisorium.
As such, the subsequent sale is also void. Is the sale between Rico and
Maris valid? Explain.
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