1. S orally offered to sell a certain diamond ring to B for P50,000.00.

B accepted the offer

and to prove that he was in earnest, he gave P1,000.00. The parties agreed that the
delivery of the ring and the payment of the price would be made 30 days later. On due
date.
- S cannot enforce payment because the contract was not reduced to writing.
- S may collect P49,000.00.
- S may collect P50,000.00.
- S cannot enforce payment because there was no contract of sale yet.

2. In a contract of sale, when is the ownership or title of the thing sold transferred from the
seller to the buyer?
- Upon actual or constructive delivery of the thing sold.
- Upon the perfection of contract of sale.
- Upon execution of private instrument or private deed of sale.
- Upon payment of the purchase price.

3. A warranty in a contract of sale, whether or not mentioned in it is known as

- Warranty on quality
- Warranty in merchantability
- Warranty against eviction
- Warranty against hidden defects.

4. One of the following is not a requisite of the object of a contract of sale, which is it?
- It must be determinate or determinable
- Vendor must have the right to transfer the ownership of the thing at the time
of sale.
- It must be within the commerce of men
- It must be licit

5. It refers to the deprivation of the vendee of the whole or a part of the thing sold by virtue
of a final judgement based on a right prior to the sale or an act imputable to the vendor.
- Damages
- Breach of contract
- Eviction
- Evasion of sentence

6. S sold his watch to B in a public document. However, B informed S that he would obtain
actual delivery of the watch after 3 days. The day after the day of sale to B, S sold the
same watch to X in a private document and X immediately took possession of the watch.
X was not aware of the sale to B. Who has a better right over the watch?
- B because he has the older title
 - B because he first took constructive possession of the watch in good faith
- X because X has not registered the watch in good faith
- X because he first took actual possession of the watch in good faith

7. An unpaid seller losses his/her lien on the goods in the following cases, except:
- When he/she delivers the goods to a carrier or other bailee for the purpose of
transmission to buyer without reserving the right of ownership in the goods
- When he/she has obtained judgement for the price of the goods
- When the seller waives his/her possessor lien
- When the buyer or hi/her agent lawfully obtains possession of the goods.

8. It refers to the partial payment of the purchase price and is considered as proof of the
perfection of the contract.
- Option money
- Earnest money
- Purchase price
- Option contract

9. A contract of sale whereby the seller acquires the right to redeem or repurchase the
object of the sale from the buyer within a certain period agreed upon.
- Absolute sale
- On sale or return
- Pacto de retro sale
- Equitable mortgage

10. Sale of real property in installments governed by RA 6552 or Maceda Law covers the
following, except:
- Sale of residential apartments
- Sale of residential property
- Sale of industrial lots
- Sale of residential condominium

11. Under PD 957 also known as Subdivision and Condominium buyer’s protective decree,
who shall pay the real estate tax and assessment on a lot or unit being developed before
the passage of the title to the buyer?
- Owner of developer without recourse for reimbursement from the buyer
- Developer and buyer equally
- Buyer of the unit
- Developer or owner of the project but with right of recourse for
reimbursement from the buyer
12. The following are the grounds for the exercise of right of resale by the unpaid seller,
except:
- The buyer has been in default for an unreasonable time
- The goods are of perishable nature
- The buyer becomes insolvent
- The seller has expressly reserved the right to resell the goods in case the
buyer should make default.

13. In a contract of sale of personal property in the price of which is payable in installments,
the vendor may exercise any of the following remedies, except:
- Exact fulfillment of the obligation, should the vendee fail to pay any number of
installments
- Foreclose the chattel mortgage on the property if the vendee’s failure to pay
cover two or more installments but he may no longer recover any deficiency
after the foreclosure sale
- Cancel the sales, should the vendee’s failure to cover two or more
installments
- Foreclose the chattel mortgage on the property if the vendee’s failure to cover
two or more installments and recover the deficiency after the foreclosure sale
if they have stipulated it.

14. B bought from S a secondhand motor vehicle which upon inspection by B had some
mechanical troubles. After the sale, the care broke down due to engine trouble requiring
an overhaul of the engine. Is S liable for breach of warranty against hidden defect?
Explain your answers.
- Given that the card broke down after the sale, means that S could have been
aware about the hidden defect in the motor vehicle that he sold to B. Even
after knowing this, S purposely sold this to B and acted in bad faith without
even disclosing the issue of the vehicle to B. Therefore, S is liable for the
breach of warranty against hidden defect.

15. A sum of money paid, or a thing delivered upon the making of a contract for the sale of
goods, to bind the bargain, the delivery and acceptance of which makes the final assent
of both parties to the contract.
- Down payment
- Option money
- Reservation money
- Earnest money

16. This refers to an encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner.
- Chattel mortgage
 - Easement of servitude
- Pledge
- Real estate mortgage

17. S and B entered into a contract of sale of a specific care. S delivered the key of the car
to B. What type of constructive delivery is present?
- Traditio simbolica or clavium
- Traditio by legal formalities
- Traditio longa manu
- Traditio brevi manu

18. Any representation made by the seller of the thing with respect to its character, quality,
or ownership, by which he/she induces the buyer to purchase the same relying in the
said representati.
- Condition
- Warranty
- Assurance
- Promise

19. Duterte sold a registered piece of land to Cayetano on June 1, 2020 in a public
instrument. On June 3, 2020, Duterte sold in a private instrument the same piece of land
to Velasco, who took physical possession of the land. Neither buyer was aware of the
sale made to each other.
- The land belongs to Velasco
- The land should be divided equally between Cayetano and Velasco to give
effect to both sales
- The land belong to Cayetano
- The land still belong to Duterte, because the sales are void.

20. An unpaid seller has the following right except:

- A right to rescind
- In case of insolvency of the buyer, a right of stopping the goods in transit after
he/she has parted with the possession of them
- A lien on the goods or the right to retain them for the price while he/she is in
possession of them
- A right to repurchase

21. X was owner of an unregistered parcel of land in Cabanatuan city. As she was abroad,
she advised her sister via overseas call to sell the land and sign a contract of sale on her
behalf.
 Y thus sold the land to B1 on March 31, 2001, and executed a deed of absolute sale on
behalf of X. B1 fully paid the purchase price.

B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y
for her authority from X. Without informing X that she has sold the land to B1, Y sought X
for a written authority to sell.

X e-mailed Y an authority to sell the land. Y thereafter sole the land on May 1, 2001 on
monthly installment basis for two years, the first installment to be paid at the end of May
2001.

Who between B1 and B2 has a better right over the land? Explain:

- B2 has better right over the land because the sale of land to B1, by Y acting
as an agent is considered void. This is because if the authority of the agent to
sell piece of land is not in writing, then the sale is void. B2 on the other hand,
has received a written authority from X, the owner of the land, which gives
him a better right.

22. Mr. Buyer bought a house and lot with ABC Devt Corp. He has paid an amount of P2M
already for a period of seven years. He however defaulted in payment as he migrated to
the U.S. He now went to ABC Corp to surrender his rights over the property and to get
the cash surrender value. Compute for the cash surrender value of Mr. Buyer applying
Maceda Law.

idk

23. A contract of sale is in the stage of conception when

- The contract in perfect

- Negotiations are in progress
- There is meeting of the minds
- The parties come to an agreement