You are on page 1of 2

1. An Act Strengthening Consumer Protection in the foreclosure of mortgage. B failed to pay two installments.

Purchase of Brand-New Motor Vehicles is also known as: S filed a case for collection of the unpaid balance and
a. The Recto Law attached the car and other assets of B.
b. E-Commerce Act a. S can attach the car and other assets of B because
c. Consumer Protection Act the Recto Law applies only in case of foreclosure
d. Philippine Lemon Law of real mortgage;
b. S cannot attach the other assets of B because B
2. An agent, authorized by a special power of attorney to sell has no deficiency liability under the Recto law.
a land belonging to the principal succeeded in selling the c. S cannot go after the other assets of B as this is
same to a buyer according to the instructions given the provided for under the Recto Law in case of the
agent. The agent executed the deed of absolute sale on seller exacting specific performance of the
behalf of his principal two days after the principal died, buyer’s obligation to pay.(1484)
an event that neither the agent nor the buyer knew at the d. S can attach all the assets of B in exacting
time of the sale. What is the standing of the sale? fulfillment of B’s obligation to pay.
a. Voidable.
b. Unenforceable. 6. Can future inheritance be the subject of a contract of sale?
c. Void. a. Yes, since the death of the decedent is certain to
d. Valid. occur.
b. Yes, but on the condition that the amount of the
3. B bought a car on the installment plan, and as security, inheritance can only be ascertained after the
executed a chattel mortgage on it. B faulted to pay two obligations of the estate have been paid.
installments. The seller foreclosed the mortgage, but the c. No, since the seller owns no inheritance while
sum he obtained was less than what B still owed him. It his predecessor lives.
has been previously agreed in the deed of sale that B d. No, since it will put the predecessor at the risk of
would be liable for any deficiency in this matter. May the harm from a tempted buyer, contrary to public
seller still sue for the deficiency? policy.
a. Yes, under the doctrine of unjust enrichment.
b. No, for the law says that after foreclosure, the 7. Catriona bought a Sony radio from Sam but he defaulted
seller-mortgagee shall have no further action in the payment of two installments. May Sam ask for the
against the purchaser to recover any unpaid cancellation of the sale?
balance of the price irrespective of whether there a. Yes, because two installments are already in
was stipulation that B would be liable for any default.
deficiency. b. No, because there was no stipulation to that
c. Yes, under the principle of equity. effect.
d. No, for the law says that after foreclosure, the c. Yes, regardless of the default in payment.
seller-mortgagee shall have no further action d. No, because Catriona and Sam are best of
against the purchaser to recover any unpaid friends.
balance of the price. The contrary stipulation in
their contract is VOID. 8. Conventional redemption is also called the right to
redeem.
4. B bought a residential condominium apartment from D.
He was able to pay 2 years of installments but failed to There cannot be conventional redemption unless it has
pay the succeeding installments. What rights does B have been stipulated upon in the contract.
in the given circumstance? a. Both statements are true.
a. B has no right because of his default and he has b. Second statement is true, first is not.
to vacate the condominium. c. Both statements are false.
b. If the contract is canceled, D shall refund to B d. First statement is true, second is not.
the cash surrender value of the payments on the
property equivalent to 25% of the total payments 9. Conventional Redemption shall take place when the
made vendor reserves the right to repurchase the thing sold,
c. To pay, without additional interest, the unpaid with the obligation to comply with the provision of Art.
installments due within the total grace period 1616 and other stipulations which may have been agreed
earned by him which is one month grace period upon.
for every one year of installment payments
made. Legal redemption is the right to be subrogated, upon the
d. To pay with additional interest of 6% the unpaid same terms and conditions stipulated in the contract, in
installments. the place of one who acquires a thing by purchase or
dation in payment, or by any other transaction whereby
5. B bought on installment a car and executed a chattel ownership is transmitted by onerous title.
mortgage on the same in favor of the seller S as security a. First statement is true, second statement is false.
for the unpaid balance of the price. They agreed that B b. Both statements are true.
shall be liable for any deficiency that may arise after c. First statement is false, second statement is true.
d. Both statements are false.

10. Even in the absence of doubt, a sale with right of


repurchase is presumed to an equitable mortgage.

In conventional redemption, it is not necessary that the


parties agree upon the period within which redemption
may be exercised.
a. Both statements are correct.
b. Both are incorrect.
c. First is false, second is true.
d. First is true, second is incorrect.

You might also like