T - 2 5 15 18 20 22 23 25 26 29 31 39 42 43 47 48 51 52 55 61 62 64 68 71 72 74 75 77
91 92 96 98 100 102 104 105 106 110
BONUS 49 50
8 - smaller or first one to request if equal area
3/21/17 SAMPLEX PARTNERSHIP AGENCY TRUST SALES LEASE
1. Insolvency, for the purposes of stoppage F.
in transitu, must be declared by a court
of competent jurisdiction. Strict proof not required.
2. STI may be exercised even if the
ownership in the goods may have
passed to the buyer.
3. Warranty against eviction applies to a tax F
sale.
4. The sale of a 3-month old calf for
breeding purposes raises an IW of
witness for breeding.
5. The sarisari store owner impliedly
warrants fitness for human consumption
of a bottle of Ginebra sold.
6. If a vendee will lease the thing sold with
pacto de recto to the seller, rules on
mutuum apply.
7. A verbal assignment of credits followed F
by tradition shall have efect on 3rd
persons because the ownership acquried It must be in a public instrument
by the assignee is a real right. or recorded if real property/
8. Among 3 adjoining owners of 5,000 sqm
agricultural lot sold to a stranger, who
has the preferred right of redemption?
9. The lessee of a room in a boading house F
is entitled to the continuation of the same
if owner rebuilds.
10. In an action for rescission filed by lessor
for non-performance by lessee of
obligations, court has the discretion to
grant lessee a longer period for
performa.ce
11. In an express trust, acceptance by the
trustee is necessary for creation of trust.
12. Acceptance by beneficiary is not
necessary for the creation of express
T trustee.
F repudiation of trust.
T
F repudiated.
Rules on commodatum. (char)
Smaller area
If equal, first requestor.
F
No such discretion (Luna v
Carandang).
F name may subject himself to the
Not necessary (trustee).
F
Necessary (beneficiary)
trust.
13. A trustor may or may not have the F
capacity to transfer the property. Trustor must have the capacity.
14. An express trust is created by mere F
declaration of trustee that he holds It is created by direct and
property in trust. positive acts of parties.
15. Beneficiary is the person for whose T
benefit the property is held by the
16. Trusts over RP are enforceable in any F
form
17. Trustee can acquire trust property by F
adverse possession even w/o Trustee must perform
unequivocal acts of repudiation.
18. In order to bind 3rd persons to a trust, T
same must be in a public instrument.
19. Statute of limitations apply to express F
trust. Express trusts do not prescribe
as long as they have not been
20. There is partnership when two or more T
persons bind themselves to contribute
money, property, reputation or industry in
a common fund, with the intention of
dividing the profits among themselves.
21. A contract of partnership may be F.
commenced in any form, except when a
parcel of land is contributed in which Public instrument and inventory
case the contract must be in a private or are required.
public instrument.
22. Husband and wife may enter Into a T
partnership for the exercise of a
profession.
23. The sharing of gross returns results to a T
prima facie presumption of partnership.
24. A person who not being a partner in fact F
allows his name to be included in the firm Persons who, not being partners,
include their names in the firm
liabilities of a limited partner. name do not acquire the rights of
a partner. Liable as general
partner.
25. Appraisal of goods contributed to the
partnership must be based on the value
at the time of the perfection of contract if
different from delivery.
26. An industrial partner may engage himself T
in any other business with the authority
of other partners.
27. When there is no specification as to the
management of the partnership, the
partner with the highest contribution
becomes the manager.
28. The capitalist partners may exclude from F
the partnership an industrial partner who
engages himself in a business without
the required authority even if the
industrial partner also contributed a
parcel of land to the partnership.
29. A limited partner is a partner in a
partnership
30. A limited partner who is also a general
partner is liable to the creditors of the
partnership only up to his contribution
31. Limited partnership is dissolved upon
retirement, death, insolvency, insanity or
civil interdiction of a general partner.
32. A contract of agency to sell personal
property is a real contract that would
require the delivery of the thing sold.
33. A partnership is formed even if no
inventory and public instrument of real
properties contributed to the partnership
was made.
T attached to the public
F
All partners are considered
agents, regardless of amoutn of
capital contributions.
T
F partner from any share in the profits or
A person who is a general, and
also at the same time a limited
partner, shall have all the rights
and powers and be subject to all
the restrictions of a general
partner; except that, in respect to
his contribution, he shall have
the rights against the other
members which he would have
had if he were not also a general
partner.
T dissolves the partnership.
F becomes a partner _________ partners’
Only real contracts such as
deposit, pledge and
commodatum require delivery.
F with his individual properties in all
A contract of partnership is void
whenever immovable property is
contributed thereto, if an
inventory of said property is not
made, signed by the parties, and
34. Universal partnership of all present
property includes title to all present and
future property as well as future
properties acquired by gratuitious title.
35. A contract of partnership with a capital of F
3000 pesos must appear in a public
instrument and recorded with the SEC to personality.
be enforceable.
36. Those prohibited from giving each other
any donation or advantage is prohibited
from entering into any partnership.
37. A stipulation excluding an industrial
losses is valid.
38. An industrial partner is exempt from
payment of liabilities to his creditors.
39. A transfer of a partner’s entire interest in
the partnership to his only partner
40. In voluntary transfer of a partner’s
interest in the partnership, the assignee
consent thereto.
Assuming: msising word is 'without'
41. A person admitted as partner in an
already existing partnership is also liable
obligations of the partnership arising
before his admission unless there is a
contrary stipulation.
42. A commission agent cannot sell on credit T
goods or items without the express or
instrument.
F
In a universal partnership of all
present property, the property
which belong to each partners at
the time of the constitution of the
partnership, becomes the
common property of all the
partners, as well as the profits
which they may acquire
therewith.
It does not affect the juridical
F
Prohibition only applies to
universal partnership
F
Only applies in losses.
F
All partners, including industrial
ones, shall be liable pro rata with
all their property for the
contracts which may be entered
into in the name and for account
of the partnership.
T
F
Their consent is needed for
assignee to become a partner.
F
His liability shall be satisfied only
out of partnership property, i.e.
out of his share.
 implied consent of the principal.
43. An agency ‘coupled with an interest’
survives the grantor’s death.
44. In case there are two or more principals,
any one of them may revoke the agency
provided the consent of the other is
sought.
45. Constructive trusts are imposed by the
law to carry out the actual or presumed
intent of the parties if the express trust is
prejudicial to the interest of the
beneficiary.
46. Resulting trust is established by law
regardless of the intention of the parties
in order to prevent fraud, oppression or
unjust enrichment.
47. No express trust concerning an
immovable or any interest therein may
be proved by parole evidence.
48. There is resulting trust when a donation T
is made to a person but it appears that
although legal estate is transmitted to the
donee, he nevertheless is either to have
no beneficial interest or only a part
thereof.
49. There is a constructive trust when land
passes by succession to any person and
he causes the legal title thereto to be put Resulting trust.
in the name of another.
50. There is constructive trust if the price of
the sale of property is loaned or paid by
one person for the benefit of another and
the conveyance is made to the borrower
but mortgaged to secure payment of the
debt.
51. Laches is a defense in resulting trusts
T
F
Any one of them may revoke the
agency without need of the
other’s consent.
F does not of itself establish a
Constructive trusts arise
contrary to intention of the
parties
F
Resulting trust is one in which
the intention to create a trust is
implied or presumed in law.
Constructive trust is the one
which is imposed by law
regardless of the intention of the
parties to promote justice,
frustrate fraud and prevent
unjust enrichment.
T existence of the partnership.
F agreement, the rights and duties of the
F
Constructive trust is created
when purchase of property leads
to its title being placed in the
name of the person who loaned
the purchase price as a security
for payment of the debt and not
when conveyance was made to
the borrower.
T so long as the act of the partner
unless the beneficiary had no knowledge
of the facts.
52. In express trusts, the statute of T
limitations does not apply in subsisting
and continuing trusts so long as there is
no denial or repudiation thereof.
53. The sharing of gross returns is sufficient F
to establish partnership. The sharing of gross returns
partnership.
54. Special capacity to contract is required of F
the parties to a contract of partnership. The presence of the essential
elements and the legal capacity
of the parties to enter in a
contract is sufficient
55. When an unlawful partnership is T
dissolved by a judicial decree, the profits
and unlawful objects shall be confiscated
in favor of the State.
56. A partnership of all present property F
comprises all that the partners may Universal partnership of profits
acquire by the industry of work during the and not all present property.
57. In case of doubt, the articles of universal F
partnership shall constitute a partnership It shall be considered universal
of all present property since it involve partnership of all profits not
less transmission of rights. properties.
58. When a partnership for a fixed term or F
particular undertaking is continued after
the termination of such term or particular Not always, only if it is
undertaking without any express consistent with a partnership at
will.
partners remain the same as they were
at such termination for the same period
as initially fixed in the contract of
partnership.
59. Important alterations in the immovable F
property of partnership, if useful and
beneficial to the partnership, is by mere This is a strict act of dominion
act of administration and may be made which requires the consent of all.
upon the financial majority.
60. Strangers are bound to inquire into the F
existence of any restriction of authority Every partner is an agent of the
on the part of the partner. partnership. No need to inquire

61. Misappropriation of one partner binds the T
partnership when the partner in the
course of business receives money or
property of a third person and the money
or property so received is misapplied
without the knowledge of the other
partners.
62. If a person specially informs another or T
states by public advertisement that he
has given a power of attorney to a third
person, the holder thereby becomes a
duly authorized agent, in the former case
with respect to the person who received
the special information and in the latter
case with regard to any person even if
the latter did not read the publication
when he transacted with the agent.
63. A special power of attorney is necessary
to make gifts for charity or to employees
in the business managed by the agent.
64. A special power of attorney is necessary T
to loan or borrow money, unless the
latter act be urgent and indispensable for
the improvement or preservation of the
things which are under administration.
65. An agent may be relieved by agreement
from the obligation to make an
accounting.
66. If the commission agent receives
guaranty commission in addition to
ordinary commission, the agent shall
bear the risk of collection and shall pay
the principal the proceeds of the sale on
is apparently for the carrying on
of business of the partnership in
the usual way which he is a
member binds the partnership
F transaction or undertaking, they are
Article 1878 provides that a
special power of attorney is
needed to make gifts, except
customary ones for charity or
those made to employees in the
business managed by the agent.
F
The agreement is void based on
Article 1891. The agent has an
absolute duty to render an
accounting to his principal of all
transactions and material facts
that may have some relevance
with the agency.
F 76. In an implied trust, the action to recover
General rule still apply even in
consented credit.
the same terms agreed upon with the
purchaser unless the principal consented
to the sale on credit.
67. If the third person does not know that the F
agent exceeded the scope of his If the agent contracts in the name
authority, he may hold the agent liable as of the principal, exceeding the
well as the principal, even if he has not scope of his authority, and the
inquired into the authority of the agent. principal does not ratify the
contract, it shall be void if the
party with whom the agent
contracted is aware of the limits
of the powers granted by the
principal. In this case, however,
the agent is liable if he undertook
to secure the principal’s
ratification.
68. Agency by ostensible authority consists T
in the conscious permission of acts
beyond those powers granted.
69. 59. If two or more principals have F
appointed an agent for a common
Solidary liable
jointly liable unless solidarity is agreed
upon
70. An agency is not revoked by the F
principal’s death if it has been constituted Agency will survive only if the 3rd
in the interest of a third person without person accepts the stipulation in
notice or knowledge of the interest. his favor.
71. An oral trust is sufficient in case of trust T
over personalty.
72. in case of an impossible trust the court T
may authorize deviation in the interest of
the trust.
73. There is no need for the trustee to render F
an account under oath.
74. The trustor cannot prohibit alienation for T
a period more than 25 years.
75. Merger is a cause for the termination of T
an implied or express trust.
F
must be brought within 5 years from the
issuance of title to the property. 10 years
77. A partner may transfer his interest to T
another over the objection of other
 partners
78. A secret and silent partner is one who F
has no voice in the management of the He is not known to be a partner
partnership and is not known to the by outside parties nor held out
partners as a partner by the other
partners.
79. The partnership begins from the moment F
it is recorded in the SEC. A partnership begins from the
moment of the execution of the
contract.
80. The fruits to the property promised to be F liable for debts contracted after his
delivered should also be delivered
without exception. Subject to exceptions.
81. In case of imminent loss of the business F
of the partnership, an industrial partner The industrial partner is explicitly
shall be required to contribute additional excluded to render additional
service to the partnership. service.
82. An industrial partner can engage in other F
business but must not compete with the An industrial partner cannot
partnership, unless otherwise stipulated. engage in business for himself,
unless the partnership expressly
permits him to do so.
83. A partner, as agent, cannot assign F the rights of the assignor.
partnership property in payment of
partnership debt. He can assign property.
84. Dissolution terminates the partnership. F there is a special power of attorney.
The partnership, although
dissolved, continues to exist
until its termination, at which
time the winding up of its affairs
should have been completed and
the net partnership assets are
partitioned and distributed to the
partners
87. Creditors of the old partnership are no
longer considered as creditors of the
continued partnership.
88. The individual property of a deceased
partner, whose name is being used by
the continuing partnership, shall be held
death.
89. A limited partner may contribute services F
to the partnership.
90. A limited partner’s surname may appear
in the partnership name but he becomes
a general person with respect to the
partners and third parties.
91. A substituted partner is one admitted to
all the rights of a limited partner.
92. An assignee of a limited partner acquires T
93. An agent may be bound to render
service without compensation provided
94. In all cases, a special power of attorney
is necessary to loan or borrow money.
95. A special power to compromise
authorizes submission to arbitration.
partnership continuing the
business;
F
In such case, the law makes the
creditors of the dissolved
partnership also creditors of the
persons or partnership
continuing the business.
F
Exemption from liability to
creditors of a dissolved
partnership.
He cannot contribute services.
F
With respect to the partnership
creditors.
T
F.
Agent is entitled to stipulated
compensaition.
F
It is not necessary if it is urgent
and indispensable for the
preservation of the things which
are under administration.
F
Separate SPAs required.

85. Insolvency of a partner is one of the
causes for voluntary dissolution of a
partnership.
86. In case of an agreement between a
partner, the partnership debtors and the
persons continuing the business, a
partner may be discharged from
liabilities.
F 96. There is an implied acceptance if the
Involuntary.
F
A partner is discharged from any
existing liability upon the
dissolution of the partnership by
an agreement to that effect
between himself, the partnership
creditor and the person or
T
principal delivers his power of attorney to
the agent and the latter receives it
without objectio
97. An agent may be exempted from
rendering an accounting
F
Agent is bound to render an
account of his transactions and
to deliver to the principal
whatever he may have received
by virtue of the agency, even

98. If the principal does not mention the
power to substitute at all, the agent may
appoint one but he is responsible for the
acts of the substitute.
99. An agency is gratuitous unless
compensation is agreed upon.
100. The accomplishment of the object of the
agency extinguishes an agency even
prior to the final accounting.
101. An agency at will is revoked even if the
revocation is not brought to the
knowledge of the agent.
102. When a partner by estoppel combines
with another partner and on the strength
of representation, contracted with a third
person, both of them are liable pro rata.
103. A partner is a co-owner of the other
partners with respect to the undistributed Refers only to specific
net profits of the partnership
104. Winding up may be done by mere
assignee in exceptional circumstances.
105. A decree of dissolution of a partnership
may be granted upon application of the
purchaser of partnership interest in case
of termination of term or undertaking.
106. Except as necessary for winding up,
dissolution terminates all authority of
partners to act for the partnership.
107. After dissolution, a partner can bind the
partnership by any transaction which
would bind the partnership if dissolution
had not taken place, provided the other
party to the transaction had extended
credit to the partnership after dissolution.
108. Dissolution necessarily discharges a
partner of liability for obligations incurred
thereafter.
though it may not be owing to sharr of any liability created by
the principal. the acting partner as if the
partnership had jot been
T dissolved
109. Unless otherwise agreed, the partners F
who have not wrongfully dissolved the Not insolvent
partnership or the legal representative of
F
the last surviving insolvent partner, has
Agency is presumed to be for a
the right to wind up the partnership
compensation, unless there is
affairs, provided, however, that any
proof to the contrary.
partner, his legal representative or his
T assignee, upon cause shown, may
obtain winding up by the court.
110. When partnership agreement is T
T rescinded on the ground of fraud or
misrepresentation, partners who are not
Alt: F di ko alam guilty shall have the right to subrogation
for any payments made by them of
T partnership liabilities.
F
partnership property.
T
T
T
F
F
Where a person enters into a new
contract with a third person after
dissolution, the new contract
generally will bind the partners.
Each of them is liable for his