JIM PETERICK G.

SISON
QUIZ-CIVIL LAW REVIEW II
June 26, 2021

1. Give the two (2) cases when the vendor is not bound to deliver the thing sold.

a. If the vendee has not paid him the price

b. if no period for payment has been fixed in the contract

2. Give the rules on double sales of the following:

a. personal property
- to the possessor in good faith

b. real property
- a. registrant in good faith

b. possessor in good faith

c. person with the oldest title in good faith

3. A sold a parcel of land located in Ayungon containing an area of 10,000 sq.m. to B, his neighbor.
Later A sold the same parcel of land to C, his business associate. C then registered the property in
his name in good faith. Who should be considered the owner? Please explain.

C should be considered the owner.

Under the law, should it be immovable property, the ownership shall belong to the person acquiring it
who in good faith first recorded it in the Registry of Property.

In the problem given, it is C who registered the property in his name in good faith. Therefore, C should be
considered the owner.

4. A Corporation sold movable property consisting of scrap iron located in one of its warehouses to
B Corporation.B Corporation immediately took possession of the movables. Later, A Corporation
sold the same movables in the same area to C, a local businessman. C then filed a suit asking the
court that he be declared owner of the movables. Who should be the owner applying the rules on
double sale of personal property? Please explain.

B Corporation is the owner.

Under the law, if the same thing should have been sold to different vendees, the ownership shall be
transferred to the person who may have first taken possession thereof in good faith, if it should be
movable property.

In the problem given, B Corporation was the one who first took possession of the movables. Therefore,
applying the rules on double sale of personal property, B Corporation is the owner.

5. Give the two (2) kinds of implied warranty in the sale of a thing.
a) Eviction
b) Hidden Defects

6. True or False

a. Eviction takes place when a vendee is deprived of the thing sold by final judgment based on a

right that arose after the sale. - TRUE

b. A vendor shall be responsible for patent defects of the thing sold which are visible.- FALSE

c. A vendor shall be responsible for hidden defects for the thing sold, if he/she has rendered it unfit for the
use for which it was intended.- TRUE

d. Annulment is the remedy that the vendor may avail of under Art. 1602 and Art. 1604.- FALSE

7 Give the two (2) obligations of the vendee.

a. accept delivery

b. pay the price of the thing sold

8. Give the two (2) reasonable grounds, the fear of which can serve as basis for the vendee to
suspend payment of the price of the thing sold.

a. a vindicatory action or action to recover

b. a foreclosure of mortgage

9. Give the two (2) modes of extinguishment of sales.

a. same causes as other obligations

b. conventional or legal redemption

10. Give the two (2) kinds of contract under Art. 1602 and Art. 1604 that under the same grounds
shall be considered as an equitable mortgage.

Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of the following cases:

(1) When the price of a sale with right to repurchase is usually inadequate;
(2) When the vendor remains in possession as lessee or otherwise;
(3) When upon or after the expiration of the right to repurchase another instrument extending the period
of redemption or granting a new period is executed;
(4) When the purchaser retains for himself a part of the purchase price;
(5) When the vendor binds himself to pay the taxes on the thing sold;
(6) In any other case where it may be fairly inferred that the real intention of the parties is that the
transaction shall secure the payment of a debt or the performance of any other obligation.