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The
contract stipulates that in case the property is sold at public auction shall
not be sufficient to pay the obligation, Aytona shall pay the the balance
of the loan. Unable to pay, Bersabe sold the car in a public auction for
only P300,000 Can Bersabe recover the balance from Aytona?
A. Yes, because of the stipulation in the contract.
B. Yes, even f there is no stipulation in the contract.
C. No, despite the stipulation in the contract.
D. No, unless there is a stipulation in the contract.
17. Atutubo pledged his neckIace to Bergano for a loan of P50,000. Due
to Atutubo's failure to pay his debt, Berganio sold the necklace in a
public auction to Carmona for P75,000. Assuming there is an agreement
in the contract that in case the proceeds shall exceed the loan, the
debtor shall be entitled to the excess, can Atutubo recover the excess of
P25,000?
A. Yes, because of the agreement.
B. Yes, even in the absence of an agreement.
C. No, despite the agreement.
D No, whether or not there is an agreement.
18. Palpal pledged his diamond ring with Quintana to secure a loan of
P15,000. The debt was not paid on time and a public auction took place.
Which statement is false?
A. The pledgor is not disqualified to offer a bid.
B. If the sale price is P10,000 the deficiency shall be paid by the pledgor.
C. If the price at the sale is more, the excess goes to the creditor unless
the contrary is proved.
D. If at the auction the pledgor should offer the same terms as the
highest bidder, he should be given preference over the other.
20. AC pledged his watch for P20,000. AC failed to pay his obligation. BD
sold it at public auction for P18,000. Can BD recover the deficiency?
A. Yes, even without stipulation C. No, even if there is stipulation
B. Yes, if there is stipulation D. No, unless there is stipulation