1.

A real mortgage extends to the growing fruits and improvements on the

property mortgaged . *
2 points

True
False

2. A pledge or mortgage is divisible if there are several debtors who are jointly
bound *
2 points

True
False

3. A mortgage of immovable property is also a real property *

2 points

True
False

4. An affidavit of good faith must be appended to the deed of chattel mortgage

and recorded in the Chattel Mortgage Register for the chattel mortgage to bind
third persons. * -https://batasnatin.com/law-library/civil-law/obligations-and-
contracts/825-chattel-mortgage.html *chattel
2 points

True
False

5. A mortgagee may appropriate the “movable property” mortgaged if the same

is not sold at two public auctions in case of foreclosure. * 9 true
DISTINGUISH MORTGAGE FROM PLEDGE
a. Pledge is constituted on movables, while mortgage on immovable.
https://realestatelawyer.com.ph/category/real-estate/law-on-mortgage/ *first
2 points

True
False

6. The pledgee may use the thing pledged even without obtaining the consent of
the pledgor if the use of the thing necessary for its preservation * The creditor
cannot use the thing pledged without the consent of the owner, and if he should
do so, or should misuse the thing in any other way, the owner may ask the
Court that it be JUDICIALLY OR EXTRA-JUDICIALLY DESPOSITED. However,
 when ithe preservation of the thing pledged requires its use, it must be used by
the creditor but only for that purpose.
2 points

True
False

7. As a rule, the mortgagee in a chattel mortgage may recover the deficiency from
the debtor in case the proceeds of the foreclosure sale are lower than the
amount of the debtor's obligation. *
https://lawphil.net/judjuris/juri2012/jun2012/gr_158755_2012.html *deficiency
2 points

True
False

8. Third persons who have no knowledge of the existence of a real mortgage are
bound by such mortgage if the same is recorded in the Registry of
Property https://www.brainscape.com/flashcards/pledge-mortgage-antichresis-
6134169/packs/9334083 *registry of property
2 points

True
False

9. The mortgagee of a real estate may appropriate for himself the said property if
it is not sold at two public auctions to satisfy the debtor's obligation. *
DISTINGUISH MORTGAGE FROM PLEDGE
a. Pledge is constituted on movables, while mortgage on immovable.
https://realestatelawyer.com.ph/category/real-estate/law-on-mortgage/ *first
2 points

True
False

10.A real mortgage is binding between the parties although the same was entered
into orally. 
https://www.coursehero.com/file/p2fjdial/A-real-mortgage-is-binding-between-
the-parties-a-although-it-was-entered-into/
2 points

True
False
 11.The thing pledged may be delivered to a third person by the agreement of the
debtor and the creditor. * DISTINGUISH MORTGAGE FROM PLEDGE
a. Pledge is constituted on movables, while mortgage on immovable.
b. In pledge, the property is delivered to the pledgee, or by common consent
to third person, while in mortgage, delivery is not necessary.
2 points

True
False

12.If the thing given in pledge is in dangeIr of destruction or impairment without the
fault of the pledgee, the pledge sell the property in a public sale with the
proceeds becoming the new security in place of the thing originally
pledged. https://drive.google.com/file/d/1X4kVW55eX8IOUWfmSQbBGqtdpXq1
mPBP/view *danger *originally pledged
2 points

True
False

13.A pledge to be binding against third persons must be registered in the Registry
of Property. * Sa mortgage lang required yung registry of property
2 points

True
False

14.The thing pledged or mortgaged cannot be sold or alienated by the creditor

before the due date of the obligation it secures unless the debtor fails to fulfill
certain conditions. * ESSENTIAL REQUISITES COMMON TO BOTH PLEDGE
AND MORTGAGE:
The when the principal obligation becomes due, the things in which the pledge
or mortgage consists may be alienated for the payment of the creditor.
2 points

True
False

15.A stipulation in a pledge or mortgage whereby the creditor automatically

becomes the owner of the property pledged mortgaged upon default of the
debtor is void. *
EFFECTS OF A MORTGAGE
 The mortgage does not extinguish the title of the mortgagor (debtor) who does not,
therefore, lose his right to dispose. Indeed, the law considers void any stipulation
forbidding the owner from alienating the property mortgaged.
2 points

True
False

16. A chattel mortgage is valid between the parties although the same is not
recorded in the Chattel Mortgage Register. https://batasnatin.com/law-
library/civil-law/obligations-and-contracts/825-chattel-mortgage.html *Chattel
mortgage register
2 points

True
False

17. In conventional pledge, if the thing pledged is sold at public auction upon the
debtor's default, the debtor's obligation is extinguished whether the proceeds of
sale are below or above the amount of the obligation. * https://www.trans-
lex.org/602450/_/philippines-republic-act-386-/ *article 1189
2 points

True
False

18.A stipulation forbidding the mortgagor of an immovable to alienate the same is

valid. * EFFECTS OF A MORTGAGE
The mortgage does not extinguish the title of the mortgagor (debtor) who does
not, therefore, lose his right to dispose. Indeed, the law considers void any
stipulation forbidding the owner from alienating the property mortgaged.
2 points

True
False

19.Pledge shall extend to the fruits of the thing pledged unless there is a contrary
stipulation. * PRINCIPLES IN PLEDGE
1. As a general rule, the pledge extends to the interest and earnings of the thing
pledged, unless there is a stipulation to the contrary.
2 points

True
False

20. A chattel mortgage is valid between the parties although the same is not
recorded in the Chattel Mortgage Register. *https://batasnatin.com/law-
library/civil-law/obligations-and-contracts/825-chattel-mortgage.html *Chattel
mortgage register
2 points

True
False

21.A promise to constitute a pledge or mortgage which is accepted creates a

pledge or mortgage between the promisor and the promisee. *
2 points

True
False

22. The debtor/pledgor may alienate the thing pledged without the pledgee's
consent. * PRINCIPLES IN PLEDGE
The creditor cannot use the thing pledged without the consent of the owner,
and if he should do so, or should misuse the thing in any other way, the owner
may ask the Court that it be JUDICIALLY OR EXTRA-JUDICIALLY
DESPOSITED. However, when the preservation of the thing pledged requires
its use, it must be used by the creditor but only for that purpose.
2 points

True
False

23.A third person may pledge his property to secure another person's debt. *
2 points https://www.brainscape.com/flashcards/pledge-mortgage-antichresis-6134169/packs/9334083 *debt

True
False

24.A written renunciation by the pledgee of the pledge extinguishes the pledge
although the thing remains in the possession of the pledgee *
CAUSES FOR THE EXTINGUISHMENTS OF THE PLEDGE
Renunciation or abandonment executed in writing by the pledgee even without
return of the thing.
2 points

True
False

25.A third person who mortgages his property to secure another person's debt
shall be liable as a rule for the deficiency in case the proceeds of the
foreclosure sale are lower than the amount of the debtor's obligation. *
https://www.investopedia.com/terms/r/right-of-redemption.asp
the borrower would pay back the foreclosure sale price plus additional
fees, which might be lower than the d
febt owed on the mortgage.
 
https://www.brainscape.com/flashcards/pledge-mortgage-antichresis-
6134169/packs/9334083 *debt
2 points

True
False