HANDOUT NO.

15R

DISTINCTIONS
Point of Sale with Right of Pledge Chattel Mortgage Antichresis Real Estate
Distinction Repurchase Mortgage
As to kind Consensual Real Consensual Majority view- Consensual
consensual
Minority view-real
As to object Immovables Movables Movables Fruits of Immovables
Immovables
As to form Statute of Frauds Public Instrument – Registration – for Writing – for validity Registration – for
(must be reserved in for binding third validity binding third
the same instrument) persons persons
As to possession Ownership and Creditor, or third Debtor or Creditor or debtor Debtor or
possession is person by agreement mortgagor mortgagor
transferred to buyer,
although transfer is
conditional
As to fruits Vendee a retro Applied to interest, Not applied Applied to interest, Not applied
entitled to the fruits then to principal then to principal
even during the
period of redemption
As to taxes Buyer a retro not Debtor or pledgor Debtor or Creditor Debtor or
entitled to be mortgagor mortgagor
reimbursed for land
taxes (Cabigao v.
Valencia, 53 Phil. 646)
As to sale or When no redemption Extrajudicial Extrajudicial or Judicial Extrajudicial or
foreclosure was made, vendee a judicial judicial
retro acquires the
property irrevocably
As to deficiency Redemption No Deficiency Deficiency Deficiency Deficiency
judgment required judgment judgment judgment judgment
Sources: Civil Law Reviewer, Desiderio P. Jurado, 1996 Edition / Pointers in Bar Examination, Garcia, 1999 Edition A. Villegas