Dds

A sale by the husband in favor of his own wife an undivided portion of their
common property.
1 point
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
e. Void
14. A sale by the husband of his capital property to his own wife who then
paid a valuable consideration thereof.
1 point
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
e. Void
46. When the subject matter of the sale is lost after perfection and after
delivery, the lost shall be borne by the:
1 point
a. Vendor
b. Vendee
c. Vendetta
d. Venta
32. If the object of the sale is totally lost before the perfection of the contract
of sale:
1 point
a. The seller bears the loss
b. The buyer bears the loss
c. Both buyer and seller proportionately bear the loss
d. None of the above
9. Realty Installment Buyer Protection Act is also known as:
1 point
a. Republic Act 6652
b. Republic Act 6522
c. Republic Act 6552
d. Republic Act 6562
39. Three of the following must be given by the seller to the buyer if the
redemption is to be made. Which is the exception?
1 point
a. Expenses of the contract
b. Price of the sale
c. Necessary expenses on the thing sold
d. Interest on the price of the sale
8. The following are contracts not covered by Maceda Law, which is the
exception:
1 point
a. Sale of Industrial Lots
b. Sale of commercial buildings
c. Sale to tenants under the Land Reform Code
d. Sale of residential Condominium apartments
11. Which of the following statement is not correct.
1 point
a. A contract of sale is perfected when there is the concurrence of an offer
and acceptance over the price and over the subject matter
b. Contract of Sale is perfected upon the arrival of a resolutory condition
c. Auction sale is perfected when the auctioneer announces its perfection by
the fall of the hammer.
d. Contract of sale is perfected when subject matter comes into existence.
12. The following are characteristics of a contract of sale, which is the
exception:
1 point
a. Consensual
b. Principal
c. Onerous
d. Cumulative
31. A contract of sale is perfected when:
1 point
a. There is an offer to buy and also an offer sale
b. There is an offer to sell and an acceptance
c. There is a unilateral promise to buy or to sell
18. Which of the following statement is not true:
1 point
a. The vendor is bound to warrant the object of the sale
b. Ownership is not acquired by the vendee after delivery
c. The object is delivered when it is placed under the control and possession
of the vendee
d. The vendors is bound to transfer the ownership of the thing to the vendee
38. Three of the following are elements of the vendor’s right of stoppage in
transit. Which is the exception?
1 point
a. The buyer must be insolvent
b. The goods must be in transit
c. The seller must be unpaid
d. The seller must be in possession of the goods
10. Alex transferred to Bert a parcel of land for the price of P100,000. It was
stipulated in the contract that Bert will pay P40,000 in cash and that for the
difference, he will convey his only Honda TMX, valued at approximately
P60,000. In case the nature of their agreement is not clear, what kind of
contract was entered into by the parties?
1 point
a. Contract to Sell
b. Contract of Barter
c. Contract of Sale
d. Contract for a Piece of Work
42. Sale is distinguished from dation in payment in payment is that in Sale:
1 point
a. There is a pre-existing obligation or credit
b. The cause is the price
c. It is a mode of extinguishment of obligation in the form of payment
d. Answer not given
20. A pacto de retro sale is?
1 point
a. an Absolute Sale
b. a Sale subject to a suspensive condition
c. A sale where ownership is transferred after the expiration of the period to
redeem
d. A sale subject to a resolutory condition
5. Ferns ordered for his workers 1,000 pieces of T-Shirts ranging in size from
small to large from the Magellan Garments Mfg. Corporation. The specified
sizes, although not then available, are manufactured by the said corporation
and consigned to its sales outlets regularly. The contract entered into by
Ferns with the Magellan Garments Mfg. Corporation is?
1 point
a. Contract for a piece of work
b. Contract subject to a resolutory condition
c. A contract of sale
6. Simon, 16 years old, sold to Bert, of legal age, a specific diamond ring for
P10,000.00. Later, Bert sold it to Xian. Which of the following statements is
incorrect?
1 point
a. Simon has got a voidable title because at the time of the sale he is a minor
b. Xian, if in good faith, shall become the owner upon delivery to him
c. Xian, if in bad faith, shall also become the owner upon delivery to him
37. The unpaid seller is not entitled to retain possession of the goods where
1 point
a. The goods have been sold without any stipulation as to credit
b. The goods have been sold on credit, but the term of the credit has expired
c. The buyer is insolvent
d. The possession of the seller on the goods is only as agent or bailee for the
buyer
e. None of the above
25. Three of the following are implied warranties in a contract of sale. Which is
the exception?
1 point
a. Reasonably fit for the purpose they are acquired
b. Right to sell the thing at the time the contract is perfected
c. Merchantable quality
d. Free from charges or encumbrances not declared or known to the buyer.
44. An action instituted by a vendee against the vendor to nullify the sale due
to some vice or defect of the object of the sale which renders it unfit for the
use intended is:
1 point
a. Accion Redhibitoria
b. Accion Publiciana
c. Accion Reivindicatoria
d. Accion Quanti Minoris
49. Shanta sold a house and lot to Beybi who immediately took possession
after the sale was consummated. Few months thereafter, Beybi’s possession
was being bothered by Dowterte who claims to be the real owner of the
property that she purchased from Shanta. Since Beybi is a peace loving
person, she just turned over the possession of the house and lot to Dowterte.
If Beybi will file a complaint against Shanta for breach of warranty against
eviction, will it prosper?
1 point
a. Yes, because Beybi was deprived of his possession over the property due
to a right which has been existing before the sale and due to the fault of the
seller.
b. Yes, because Beybi is a buyer for value and in good faith
c. No, because Shanta was not given the opportunity to argue with Dowterte
d. No, because the deprivation was not by virtue of a judicial process.
35. A contract by which the parties exchange goods or commodities for other
goods.
1 point
a. Contract for a Piece of Work
b. Commdatum
c. Barter
24. Sandra sold to Berta a specific piano. It was agreed that Sandra would fix
the price a week later. At the appointed time, Sandra named the price at
P6,000.00. Berta agreed. Is the sale perfected?
1 point
a. No, because the price was left to the discretion of one of the contracting
parties.
b. No, because at the time of the sale price was not fixed
c. Yes, because the price fixed by one of the parties was accepted by the
other.
d. Answer not given
45. S sold to B a specific car for P200,000.00 to be paid as follows: P50,000
upon delivery of the car to B, and the balance at the rate of P5,000 every
three months thereafter. Subsequently, the car got burned while in possession
of B, without his fault, before the full payment of the balance. Is B obliged to
pay the balance?
1 point
a. No, because this is an instalment sale, until the buyer pays the price of the
sale, S remains to be owner
b. No, because this is an instalment sale, until the buyer pays the price of the
sale, S remains to be the owner
c. Yes, because of the principle “the thing perishes with the owner”
d. Yes, but S must give another car because of the principle – “genus non
quam peruit”
27. Smith sold to Bert his only car for P1,000,000. It was agreed by both
parties that the consideration shall be paid by Bert as follows: P900,000.00
cash and P100,000.00 in the form of continuous supply of Smith’s favorite
Johnny Double Black Whiskey for a period of five years. Their agreement was
expressly denominated as exchange. What is the nature of the contract?
1 point
a. Barter
b. Partly sale and partly barter
c. Commodatum
d. Sale
41. Three of the following are conditional sale. Which is the exception?
1 point
a. Sale of expectancy
b. Sale with a right to repurchase
c. Sale of a vain hope
d. Sale subject to a contingency
21. Warranty against hidden defect is:
1 point
a. Essential Element
b. Natural Element
c. Incidental Element
d. Material Element
40. If the price is uncertain:
1 point
a. the transaction is void
b. the buyer will pay a reasonable price
c. the sale is unenforceable
d. the price is to be fixed by the court
19. When goods are delivered to the buyer on “sale or return” for a period of
10 days, ownership of the goods passes to the buyer
1 point
a. On perfection of the contract
b. On expiration of 10 days
c. On delivery of the goods
d. When the buyer signifies his acceptance to the seller
16. Contract of Sale entered into by a lawyer in favor of his client involving a
property subject matter of a litigation.
1 point
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
e. Void
34. Obligations of the vendor are
1 point
a. To transfer the ownership
b. To deliver the object
c. To warrant the object
d. All of the above
4. Ownership of the thing sold:
1 point
a. Is transferred to the buyer upon actual delivery
b. Is acquired by the buyer upon the perfection of the contract
c. Is transferred to the buyer upon constructive or actual delivery of the thing
d. none of the above
36. S sold to B his 2011 Porsche Carrera, and leaves to B to determine the
price. B refuses to fix the price, but took the car for his use. Which of the
following statements is correct?
1 point
a. No sale, because the price is not fixed by the parties
b. There is a sale, B must pay a reasonable price
c. No sale until a third person fixes the price
d. S may go to court and ask for damages
26. Xenon stole a fountain pen from Oscar and sold it to a Bazaar who pays
for it in good faith, not knowing it was stolen. The Bazaar then sold it to Berta,
a student
1 point
a. The Bazaar having bought it in good faith becomes the legal owner, and as
such, he can transfer ownership to Berta
b. Ownership passed to Berta because he bought it in a merchant store
c. Oscar may recover the fountain pen from Berta without reimbursement
because he is the legal owner
d. Berta cannot become the owner because Xenon, the original seller, is not
the owner
47. Shunga sold a Toyota Altis with Plate No. XXX 6969 to Bam. If the said
car is lost after perfection and before delivery, the lost shall be borne by:
1 point
a. Shunga
b. Bam
c. Both
d. Each shall bear his own damage
50. Last January 1, 2019, Shanta sold a lot to Bam which is covered by
Transfer Certificate of Title No. 018-20190011. However, Bam did not register
the sale. Again on February 1, 2019, Shanta sold the same parcel of Chix
who upon obtaining a reliable information about the previous sale made by
Shanta to Bam, she instantaneously caused the registration of the sale in her
favor with the Registry of Deeds. Who should be preferred as buyer and why?
1 point
a. Chix since she was the one who first registered the sale.
b. Bam because there was an automatic registration in his favor when Chix
registered in bad faith the second sale.
c. Chix since she was the first one who protected her rights pursuant to the
rule – first in time, stronger in right.
d. Bam because of the rule prius tempore, potior jure.
33. The object of the sale is deemed lost when:
1 point
a. If it goes out of the commerce of man
b. It is declared illegal
c. It is stolen and it is already beyond recovery
d. All of the above
3. Which of the following cannot be the object of the contract of sale?
1 point
a. hereditary right
b. sale of animal
c. land which the seller expects to buy
2. S sold to B a 2019 Toyota Hi-lux with Engine Number BAX12123 by
pointing it to B. What kind of delivery was made?
1 point
a. brevi manu
b. quasi tradition
c. constitutum possessorium
30. A contract where the consideration is partly in money and partly in kind or
thing, and the value of thing is more than the cash value is a:
1 point
a. Contract of Sale
b. Contract of Barter
c. Contract for a piece of work
48. Shunga offered to sell all the rice grains found in his bodega for a
consideration of P1M to Bam who agreed to purchase the same. Before
Shunga could deliver the said rice grains, the same perished due to a
fortuitous event. As between Shunga and Bam, who should suffer the lost?
1 point
a. Shunga
b. Bam
c. Both
d. Each shall bear his own damage
7. Sam sold to Bam a White Westing House Refrigerator with Motor Number
QWERT123 for a price of P10,000.00. It was stipulated in the contract that
Bam will pay only P6,000.00, and for the difference Bam will convey a specific
television valued at P4,000.00. In case their intention was not clear, what is
the nature of the contract?
1 point
a. Barter
b. Partly sale and partly Barter
c. Sale
17. Auction Sale won by the wife of a lawyer involving a parcel of land which
was the subject matter of a case handled by her husband.
1 point
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
e. Void
29. A contract which involves goods which vendor manufactures or procures
for general consumption is a:
1 point
a. Contract of Barter
b. Contract of Sale
c. Contract for a piece of work
23. Alex, a sugar miller and Bart, a manufacturer and dealer in whiskey,
entered into an agreement whereby Alex was to deliver sugar worth P15,000
to Bart who was to give Alex 200 bottles of whiskey, worth P15,000. This
contract is
1 point
a. A contract of Barter or Exchange
b. A contract of sale
c. An agency to sell
d. A contract for Services
43. Which of the following may not be object of a contract of sale?
1 point
a. Things with potential existence
b. The sale of a vain hope or expectancy
c. Future goods
d. Goods still to be manufactured
1. S sold to B a specific car for P100,000 payable in four (4) equal monthly
installments. In the event that B failed to pay the first and second monthly
installments, what would be the right of S against B, if any?
1 point
a. exact fulfillment of the obligation
b. cancel the sale
c. demand payment from B
d. any of the above
13. Husband sold a portion of their common property without the consent of
his wife.
1 point
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
e. Void
22. A sold to B the former’s horse for P5,000. No date is fixed by the parties
for the performance of their respective obligations. The obligation of A is:
1 point
a. To deliver the horse immediately as there is a perfected contract
b. To deliver the horse upon payment by B of P5,000
c. To deliver the horse within a reasonable time of two months from the
contract of sale
d. To rescind the contract as there is no time fixed for the delivery and
payment
28. Beng imports electric fans from China and specifically asks for 220 volts
fans. The fans arrived duly labelled 220 volts and sell them to the public as
such. Later, it turned out that the fans have been mislabeled by the
manufacturer and were only good for 110 volts.
1 point
a. Beng is liable to the vendee for any hidden defects in the thing sold, even
though he was not aware thereof.
b. Beng is not liable because he was in good faith, and this is shown by
specifically asking for 220 volts
c. Beng is not liable under the principle of Caveat Emptor
d. Beng is liable because the vendee did not enjoy legal and peaceful
possession of the object of sale
88. Can future inheritance be the subject of a contract of sale?
1 point
(A) No, since it will put the predecessor at the risk of harm from a tempted
buyer, contrary to public policy.
(B) Yes, since the death of the decedent is certain to occur.
(C) No, since the seller owns no inheritance while his predecessor lives.
(D) Yes, but on the condition that the amount of the inheritance can only be
ascertained after the obligations of the estate have been paid.
67. Statement 1. In sale by sample, be it understood that the bulk is like the
sample.Statement 2. Eviction shall take place whenever a final judgment
based on a right prior to the sale or an act imputable to the vendor, the
vendee is deprived of the whole or part of the thing purchased.
1 point
a. Only Statement 1 is TRUE
b. Only Statement 2 is TRUE
c. Both Statements are TRUE
d. Both Statements are FALSE
71. Statement 1. Waiver intentionada is a voluntary renunciation made by the
vendee without knowledge of the risks and with assumption of the
consequence of eviction.Statement 2. If the price is simulated, the sale is
voidable, because the act may be shown to have been in reality a donation, or
some other act or contract.
1 point
52. Statement 1. Whenever earnest money is given in a contract of sale, it
shall be considered as part of the price and as proof of the perfection of the
contract.Statement 2. When the sale is made through a public instrument, the
execution thereof shall be equivalent to the delivery of the thing which is the
object of the contract, if from the deed the contrary does not appear or cannot
clearly be inferred.
1 point
62. Statement 1. When the consideration of the sale is completely fictitious –
the contract of sale is void. Statement 2. The fixing of the price of the sale can
be left to the discretion of one of the contracting parties.
1 point
81. Statement 1. Title passes to the vendee from the moment the goods are
placed at his disposal and any stipulation to the contrary is void.Statement 2.
The rule on caveat emptor is applicable on execution sales, where the sheriff
warrants the title of the property that he will sell in an auction sale.
1 point
92. Aligada orally offered to sell his two-hectare rice land to Balane for P
10Million. The offer was orally accepted. By agreement, the land was to be
delivered (through execution of a notarized Deed of Sale) and the price was to
be paid exactly one-month from their oral agreement. Which statement is
most accurate?
1 point
a) If Aligada refuses to deliver the land on the agreed date despite payment
by Balane, the latter may not successfully sue Aligada because the contract is
oral.
b) If Aligada refused to deliver the land, Balane may successfully sue for
fulfillment of the obligation even if he has not tendered payment of the
purchase price.
c) The contract between the parties is rescissible.
d) The contract between the parties is subject to ratification by the parties.
80. Statement 1. The unpaid seller may exercise the right of resale when the
intended purchaser becomes insolvent while the goods are in transit and the
goods are of perishable in nature.Statement 2. When the vendor still regularly
pays for the real estate taxes on the property despite his execution of a Deed
of Absolute Sale, the court is justified in declaring the transaction as an
equitable mortgage.
1 point
85. How about if in question number 84, Bernie registered the sale in his
name after learning the second sale made by Morris in favor of Edison. As
between Bernie and Edison, who between them has the better title?
1 point
a. Edison because the registration made by Bernie in bad faith constitutes an
automatic registration of the sale in his favor.
b. Bernie because his registration being the first buyer is always considered in
good faith
c. Edison because he is the first possessor in good faith.
d. None of the two.
69. Statement 1. The only remedy of the seller in sale of personal property by
installment if the buyer’s failure to pay covers two (2) or more installments is
to cancel the sale.Statement 2. The expenses of registration and execution of
the sale shall be borne by the vendor.
1 point
57. Statement 1. Emptio rei speratae is the sale of thing which is expected to
come into existence, the quality and quantity of which are unknown.Statement
2. Gross inadequacy of price does not affect a contract of sale, except as it
may indicate a defect in the consent, or that the parties really intended a
donation or some other act or contract.
1 point
115. Statement 1. Title passes to the vendee from the moment the goods are
placed at his disposal and any stipulation to the contrary is void.Statement 2.
The rule on caveat emptor is applicable on execution sales, where the sheriff
warrants the title of the property that he will sell in an auction sale.
1 point
73. Statement 1. The vendor is responsible to the vendee for any hidden
faults or defects in the thing sold, even though he was not aware thereof.
Statement 2. In sale, the obligation of the vendor is extinguished; while in
dation in payment, obligation is created.
1 point
79. Statement 1. If an unpaid seller has lost the right of possessory lien, he
can still make use of the right of stoppage in transitu provided the goods are
still in transit.Statement 2. The goods are in transit even if it reached its place
of destination and the consignee refused to receive it and the carrier remains
in possession thereof.
1 point
90. Michael Fermin, without the authority of Pascual Lacas, owner of a car,
sold the same car in the name of Mr. Lacas to Atty. Buko. The contract
between Atty. Buko and Mr. Lacas is ---
1 point
a) void because of the absence of consent from the owner, Mr. Lacas.
b) valid because all of the essential requisites of a contract are present.
c) unenforceable because Michael Fermin had no authority but he sold the car
in the name of Mr. Lacas, the owner.
d) rescissible because the contract caused lesion to Atty. Buko
86. Lino entered into a contract to sell with Ramon, undertaking to convey to
the latter one of the five lots he owns, without specifying which lot it was, for
the price of P1 million. Later, the parties could not agree which of five lots he
owned Lino undertook to sell to Ramon. What is the standing of the contract?
1 point
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
64. Statement 1. The vendee of industrial lots by installments is entitled to a
cash surrender value of 50% if he had been paying the installments’ due for
more than two (2) years and the sale was subsequently rescinded.Statement
2. A lawyer is allowed to purchase the property of his client subject of litigation
during the pendency of the litigation.
1 point
111. Statement 1. The parties are not allowed to stipulate that ownership in
the thing shall not pass to the purchaser until he has fully paid the
price.Statement 2. In case the immovable property subject matter of the sale
is encumbered with a non-apparent burden or servitude, not mentioned in the
agreement, the vendor may ask for rescission or damages as a remedy.
1 point
89. A contract granting a privilege to a person, for which he has paid a
consideration, which gives him the right to buy certain merchandise or
specified property, from another person, at anytime within the agreed period,
at a fixed price. What contract is being referred to?
1 point
a) Option Contract
b) Contract to Sell
c) Contract of Sale
d) Lease
100. Sale is perfected in the following manner, except?
1 point
a. Upon the delivery of the earnest money
b. When the auctioneer announces the perfection of the auction sale by the
fall of the hammer
c. Upon the happening of the suspensive condition in a sale subject to a
suspensive condition
d. Upon the delivery of the option money
e. When the offeror gained knowledge about the acceptance made by the
offeree.
84. Morris is the registered owner of a ten hectare land located in Sto. Tomas,
Tuba, Benguet and covered by Transfer Certificate of Title No. T-43215. In
1995 he sold the entire parcel of land to his good friend Bernie for a
consideration of P10M. In the 2001 National Elections, their relationship
turned sour and they then became bitter to each other. In the year 2002,
Morris discovered that Bernie has not yet transferred the title of the ten
hectare land that he purchased from him in 1995. Thus, Morris decided to
again sell the same property to his new best friend Edison for a consideration
of P5M with the instruction to immediately register the sale with the Registry
of Deeds of Benguet. When Edison asked why the need to register it
immediately, Morris then narrated to Edison what happened between him and
Bernie in 1995. Truly, Edison then immediately registered the sale with the
Registry of Deeds for the Province of Benguet. As between Bernie and
Edison, who has a better title over the parcel of land covered by TCT No. T-
43215. Explain citing legal reasons.
1 point
a. Edison being the first registrant in good faith.
b. Bernie because the registration of Edison in bad faith constitutes an
automatic registration in his favor.
c. None of the two.
d. Answer or reason not given
66. Statement 1. A contract to sell, even if accepted by the buyer is not an
absolute sale.Statement 2. A contract of sale is valid, even if at the time of
sale, the seller is not the owner of what he is selling.
1 point
76. Statement 1. The unpaid seller is deemed to have exercised his right of
stoppage in transit when he has given notice of his claim to the carrier who is
in possession of the goods.Statement 2. An implied warranty as to quality or
fitness for a particular purpose may be annexed by the usage of trade.
1 point
96. A buyer ordered 5,000 apples from the seller at P20 per apple. The seller
delivered 6,000 apples. What are the rights and obligations of the buyer?
1 point
(A) He can accept all 6,000 apples and pay the seller at P20 per apple.
(B) He can accept all 6,000 apples and pay a lesser price for the 1,000
excess apples.
(C) He can keep the 6,000 apples without paying for the 1,000 excess since
the seller delivered them anyway.
(D) He can cancel the whole transaction since the seller violated the terms of
their agreement.
60. Statement 1. As a rule, the husband and the wife cannot sell property to
each other.Statement 2. Things having a potential existence may be the
object of the contract of sale.
1 point
113. Statement 1. The goods are in transit even if it reached its place of
destination and the consignee refused to receive it and the carrier remains in
possession thereof.Statement 2. The unpaid seller may exercise the right of
resale when the intended purchaser becomes insolvent while the goods are in
transit and the goods are of perishable in nature.
1 point
104. Statement 1. Eviction shall take place whenever a final judgment based
on a right prior to the sale or an act imputable to the vendor, the vendee is
deprived of the whole or part of the thing purchased.Statement 2. The vendor
shall answer for the eviction even though nothing has been said in the
contract on the subject.
1 point
82. Statement 1. A lawyer is prohibited to buy the properties of his client
subject matter of the litigation as it is against law, morals, and public
order.Statement 2. In sale of untitled lands, when the vendee is a buyer for
value and in good faith, any third person who was prejudiced by the said sale
cannot file an action for the rescission of the sale.
1 point
95. A warranty inherent in a contract of sale, whether or not mentioned in it, is
known as the
1 point
(A) warranty on quality.
(B) warranty against hidden defects.
(C) warranty against eviction.
(D) warranty in merchantability.
106. Statement 1. The expenses of registration and execution of the sale shall
be borne by the vendor.Statement 2. In the consummation of a contract of
sale, the option money given by the buyer to the seller is deductible from the
purchase price.
1 point
72. Statement 1. The expenses for the execution and registration of the sale
shall be borne by both the vendor and the vendee, unless there is a
stipulation to the contrary. Statement 2. Vendor is liable for eviction if the
adverse possession has commenced before the sale and the prescriptive
period was completed after the sale.
1 point
112. Statement 1. The rule on equitable mortgage is applicable in transactions
purporting to be an absolute sale.Statement 2. If an unpaid seller has lost the
right of possessory lien, he can still make use of the right of stoppage in
transitu provided the goods are still in transit.
1 point
65. Statement 1. The rule of caveat emptor is applicable in execution
sales.Statement 2. The expenses for registration and execution of the sale
shall always be borne by the vendor.
1 point
Option 5
Option 6
Option 7
Option 8
Option 9
103. Statement 1. A contract of sale is valid, even if at the time of sale, the
seller is not the owner of what he is selling.Statement 2. In sale by sample, be
it understood that the bulk is like the sample.
1 point
61. Statement 1. Things subject to a resolutory condition may be the object of
the contract of sale.Statement 2. As a rule, lesion does not affect the validity
of a contract of sale.
1 point
97. The right of an unpaid seller to take possession of the goods if the vendee
subsequently becomes insolvent after the perfection but before the delivery of
the subject matter.
1 point
a. Specific Performance
b. Right of Possessory Lien
c. Right of Stoppage in Transitu
d. Right of Re-sale
54. Statement 1. Future inheritance just like any other future properties can be
the object of a contract of sale including hereditary rights.Statement 2. An
accepted unilateral promise to sell is binding on the promisor ever if the
promise is not supported by a consideration distinct from the price of the sale.
1 point
77. Statement 1. The contract of sale is perfected at the moment there is a
meeting of minds upon the thing which is the object of the contract.Statement
2. The parties are not allowed to stipulate that ownership in the thing shall not
pass to the purchaser until he has fully paid the price.
1 point
83. Xenon purchased on installment basis a Toyota Camry from Toyota
Motors Philippines – Baguio City Sales Office. Having failed to pay his
installments in the amount of P800,000.00, Toyota Motors Philippines sued
Xenon before the Municipal Trial Court in Cities of Baguio City for REPLEVIN
(it is an action for the recovery of personal property) which was favorably
granted by the court and directing Sheriff Mar-1 to seize the unit and sell it in
an auction sale to obtain satisfaction of Xenon’s obligation to Toyota Motors
Philippines. At the auction sale, the Sheriff was able to sell the Toyota Camry
for P500,000.00 leaving a balance of P300,000.00. Can Toyota Motors
Philippines recover the balance in the amount of P300,000.00 from Xenon?
Explain with legal reason.
1 point
a. No because of the prohibition found in Recto Law which states that the
vendor can no longer recover the balance.
b. No because the remedy is cumulative
c. Yes, because the remedy availed off was specific performance, thus, when
there was a deficiency he can still collect said deficiency.
d. Yes, because the vendor did not avail the remedy of rescission, so the
vendor can still collect the unpaid balance.
e. None of the above.
74. Statement 1. Where unpaid seller made part delivery of the goods, he
may exercise his right of lien on the remainder, unless such part delivery has
been made under such circumstances as to show an intent to waive the lien
or right of retention. Statement 2. The fixing of the price can never be left to
the discretion of one of the contracting parties. However, if the price is fixed
by one of the contracting parties is accepted by the other, the sale is
perfected.
1 point
75. Statement 1. As a rule, a veterinarian shall be held liable for damages in
case he should fail to discover a hidden defect in animal. Statement 2. A
contract to sell, even if accepted by the buyer is not an absolute sale.
1 point
53. Statement 1. Arras is a proof of perfection of the contract of
sale.Statement 2. In the consummation of a contract of sale, the option money
given by the buyer to the seller is deductible from the purchase price.
1 point
110. Statement 1. In sale, the obligation of the vendor is extinguished; while in
dation in payment, obligation is created.Statement 2. Where unpaid seller
made part delivery of the goods, he may exercise his right of lien on the
remainder, unless such part delivery has been made under such
circumstances as to show an intent to waive the lien or right of retention.
1 point
98. Unilateral promise to buy or to sell which was not accepted.
1 point
a. Politication
b. Policitacion
c. Policitation
d. Poltitication
94. Youngs Town produced sardines in cans known as "Sards." Mylene
bought a can of Sards from a store, ate it, and suffered from poisoning caused
by a noxious substance found in the sardines. Mylene filed a case for
damages against Acme. Which of the following defenses will hold?
1 point
(A) The expiry date of the "Sards" was clearly printed on its can, still the store
sold and Mylene bought it.
(B) Mylene must have detected the noxious substance in the sardines by
smell, yet she still ate it.
(C) Youngs Town had no transaction with Mylene; she bought the "Sards"
from a store, not directly from Acme.
(D) Youngs Town enjoys the presumption of safeness of its canning
procedure and Mylene has not overcome such presumption.
55. Statement 1. A mere offer or “solicitation” produces no legal effect, and
creates no legal bond.Statement 2. The thing must be licit and the vendor
must have a right to transfer the ownership thereof at the time it is delivered.
1 point
51. Statement 1. The contract of sale is perfected at the moment there is a
meeting of the minds upon the thing which is the object of the contract and
upon the price.Statement 2. The parties may stipulate that ownership in the
thing shall not pass to the purchaser until he has fully paid the price.
1 point
63. Statement 1. A contract of sale is perfected from the moment there is
delivery by the seller to the buyer of the object of the sale.Statement 2.
Contract of sale must be in writing to be valid.
1 point
105. Statement 1. The vendee is bound to accept delivery and to pay the
price of the thing sold at the time and place provided in the contract,
otherwise, in its absence it should be made at the time and place of delivery
of the subject matter.Statement 2. The only remedy of the seller in sale of
personal property by installment if the buyer’s failure to pay covers two (2) or
more installments is to cancel the sale.
1 point
59. Statement 1. The benefits under the Maceda Law can be availed by a
buyer of industrial lots.Statement 2. Sale entered into by a minor involving
necessity is voidable, hence, he should not be ordered to pay for the
consideration.
1 point
107. Statement 1. As a rule, judgment debtor is also responsible for eviction in
judicial sales. Statement 2. Waiver intentionada is a voluntary renunciation
made by the vendee without knowledge of the risks and with assumption of
the consequence of eviction.
1 point
114. Statement 1. When the vendor still regularly pays for the real estate
taxes on the property despite his execution of a Deed of Absolute Sale, the
court is justified in declaring the transaction as an equitable
mortgage.Statement 2. Legal subrogation is the right to be substituted upon
the same terms and conditions stipulated in the contract in place of one who
acquires a thing by purchase, donation inter vivos, or other transaction
whereby ownership is transmitted by ownership title.
1 point
70. Statement 1. In the consummation of a contract of sale, the option money
given by the buyer to the seller is deductible from the purchase
price.Statement 2. As a rule, judgment debtor is also responsible for eviction
in judicial sales.
1 point
78. Statement 1. In case the immovable property subject matter of the sale is
encumbered with a non-apparent burden or servitude, not mentioned in the
agreement, the vendor may ask for rescission or damages as a remedy.
Statement 2. The rule on equitable mortgage is applicable in transactions
purporting to be an absolute sale.
1 point
102. Statement 1. The expenses for registration and execution of the sale
shall always be borne by the vendor.Statement 2.A contract to sell, even if
accepted by the buyer is not an absolute sale.
1 point
56. Statement 1. The sole owner of a thing may sell an undivided interest
therein.Statement 2. If the price is simulated, the sale is void, but the act may
be shown to have been in reality a donation, or some other act or contract.
1 point
108. Statement 1. If the price is simulated, the sale is voidable, because the
act may be shown to have been in reality a donation, or some other act or
contract.Statement 2. The expenses for the execution and registration of the
sale shall be borne by both the vendor and the vendee, unless there is a
stipulation to the contrary.
1 point
101. Statement 1. A lawyer is allowed to purchase the property of his client
subject of litigation during the pendency of the litigation.Statement 2. The rule
of caveat emptor is applicable in execution sales.
1 point
87. Which phrase most accurately completes the statement – If at the time the
contract of sale is perfected, the thing which is the object of the contract has
been entirely lost:
1 point
a) the buyer bears the risk of loss.
b) the contract shall be without any effect.
c) the seller bears the risk of loss.
d) the buyer may withdraw from the contract.
99. Reservation of ownership on the part of the vendor even when there was
delivery of the object as a mere security for the full payment of the agreed
consideration.
1 point
a. Caveat emptor
b. Pactum reservati dominii
c. Caveat venditur
d. Res Perit domino
93. Knowing that the car had a hidden crack in the engine, X sold it to Y
without informing the latter about it. In any event, the deed of sale expressly
stipulated that X was not liable for hidden defects. Does Y have the right to
demand from X a reimbursement of what he spent to repair the engine plus
damages?
1 point
(A) Yes. X is liable whether or not he was aware of the hidden defect.
(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith
in not disclosing the fact to Y.
(C) No, because Y is in estoppel, having changed engine without prior
demand.
(D) No, because Y waived the warranty against hidden defects.
91. Which of the following contracts is void?
1 point
a) An oral sale of a parcel of land.
b) A sale of land by an agent in a public instrument where his authority from
the principal is oral.
c) A donation of a wrist watch worth P 4,500.00.
d) A relatively simulated contract.
68. Statement 1. The vendor shall answer for the eviction even though
nothing has been said in the contract on the subject.Statement 2. The vendee
is bound to accept delivery and to pay the price of the thing sold at the time
and place provided in the contract, otherwise, in its absence it should be
made at the time and place of delivery of the subject matter.
1 point
109. Statement 1. Vendor is liable for eviction if the adverse possession has
commenced before the sale and the prescriptive period was completed after
the sale.Statement 2. The vendor is responsible to the vendee for any hidden
faults or defects in the thing sold, even though he was not aware thereof.
1 point
58. Statement 1. As a general rule, the owner of the property subject of a
public auction cannot employ by-bidders. Statement 2. The three remedies
made available to the vendor in a contract of sale of personal property by
installments are alternative.
1 point

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A sale by the husband in favor of his own wife an undivided portion of their

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