1.

The following are the essential elements or the requisites of the contract of sales, except
a. Consent of the contracting parties as to determining thing and price certain in money
or its equivalent
b. Subject matter which should be determinate thing
c. Price certain in money or its equivalent
d. Delivery of the subject matter

2. The following are the natural elements of the contract of sale, except
a. Warranty against eviction
b. Warranty against hidden defects
c. Warranty against non-apparent and unregistered servitude or encumbrance
d. Warranty against sale’s talk

3. LA Lakers entered into a contract with Nike Inc to provide two pairs of basketball shoes for
Kobe Bryant and Andrew Bynum. No pair was, however, available at the time of perfection of
the contract. Kobe wears 10” basketball shoes which Nike normally manufactures for the
general market while Andrew wears 20” basketball shoes which will be manufactured specially
for Andrew. What contract are entered into by the parties?
a. Both contracts of sale
b. Both contracts for piece of work
c. Contract of sale for Kobe’s shoes and contract for a piece of work for Andrew’s shoes
d. Contract of sale for Andrew’s shoes and contract for a piece of work for Kobe’s shoes

4. In sale, the cause or consideration is in money whole in barter, the cause or consideration is
another thing. However, where the consideration is partly in money and partly in another thing
the following are the rules to be observed, except
a. The contract shall be one of sale or barter depending upon the manifest intention of
the parties.
b. If the intention of the parties does not clearly appear, the contract is one of barter if the
value of the other thing given as part of the consideration exceeds the monetary
Considerations.
c. If the intention of the parties does not clearly appear, the contract is one of sale if the
monetary consideration is more than the value of the other thing given as part of the
Consideration.
d. If the intention of the parties does not clearly appear, the contract is one of barter if the
monetary consideration is equal to the value of the other things given as part of the
consideration.

5. A and B entered into a contract whereby A will deliver his laptop to B while the latter will
deliver P10,000 and a cellphone with a value of P10,000 to A. What is the name of the contract
if the intention of the parties does not clearly appear?
a. Contract of Barter
b. Contract of Agency
c. Contract of Sale
d. Contract of Pledge

6. On January 1, 2012, S sold to B a specific car owned by X for P50,000. S promised to deliver
the car to B on January 11,2012. Is the contract of sale between S and B valid?
a. No because there is no delivery of the car on January 1,2012 which is an essential
requisites of a contract of sale.
b. No because the seller or vendor shall be the owner of the thing sold at the time of
 perfection of contract.
c. Yes even if X is not the owner of the thing sold on January 11,2012 because future
thing
can be the object of a contract of sale.
d. Yes because the vendor need not possess the title to the thing sold at the perfection
of the contract but he must have the right to transfer the ownership of the thing at the
time that the thing is to be delivered.

7. On January 1,2012, D borrowed from C P100,000 and a security D mortgaged his land to C.
On January 2,2012, D sold the same land to X for P50,000 to be delivered on January 5,2012.
D failed to pay the loan. IS the contract of sale between D and X valid?

a. No because D is no longer the owner of the land on January 2,2012

b. No because D is no longer the owner of the land on January 5,2012
c. Yes because D is still the owner of the land although it was mortgaged to C.
d. Yes provided will pay the amount due to C.

8. Future things having a potential existence will be the object of a contract of sale. However,
the thing must come into existence; otherwise, the sale will not be effective for not having a
subject matter. The following future things can be object of a contract of sale, except
a. Wine that a determinate vineyard is expected to produce
b. Milk that a specific female cow may yield during the coming year
c. Next catch of a specific fisherman’s net.
d. Future inheritance of an heir

9. S sold a lottery ticket No. 143 to B on January 2,2012. The draw was already made on
January 1,2012 and ticket No.132 did not win. Is the contract of sale between S and B valid?
a. Yes because it involves emptio spei or sale of mere hope.
b. No because the sale of vain hope or expectancy is void.
c. Not even if the ticket is considered a collector's item.
d. Yes because the essential elements of a contract of sale are present.

10. S is the sole owner of a condominium unit. S sells ½ undivided interest therein to B. Is the
contract of sale valid?
a. No, because the object of a contract of sale must be determinate.
b. No because the object of a contract of sale must be whole interest.
c. Yes the sole owner of a thing may sell an undivided interest therein and such sale
produces the effect of making the seller and the buyer co-owners of the thing sold.
d. Yes provided that the condominium unit shall be physically divided.

11. S sells B 200 sacks of rice from a mass stored in the warehouse of S. The mass,
however, actually consists of 300 sacks of rice. Which of the following statements is correct?
a. The sale is null and void because the object is not determinate.
b. The sale is valid provided B will pay the excess 100 sacks of corn.
c. The sale is valid, this. S and B will become co-owners of the whole mass to the extent
of 2/3 for B and 1/3 for S.
d. The sale is null and void because there is no consent.

12. S sells to B 300 sacks of yellow corn from a mass stored in the warehouse of S. The mass,
however, actually consists of 280 sacks of yellow corn. Which of the following statements is
correct?
a. The sale is null and void because there is no consent.
b. The sale is null and void because there is no determinate object.
 c. B becomes the owner of all the 280 sacks and S is bound to deliver additional 20
sacks.
d. B becomes the owner of all the 280 sacks and S is not bound to deliver the additional
20 sacks.

13. The following contracts of sale have prices which are certain and therefore valid. Except
a. S sold to B a specific watch for P2,500 which both parties agreed upon.
b. S sold to B a certain ring of which the price is the salary of the faculty member of La
Salle School.
c. S sold to B a specific car the price of which is subject to determination of X, third
person.
d. S sold B 500 shares of ordinary stocks of BPI at the price equivalent to the closing
price of the ALI’s ordinary shares on April 30,2020 at the Philippines Stock Exchange.

14. S Sold to B a specific good. The Price of the good cannot be determined. The goods have
been delivered to and appropriated by B. What is the obligation of B?
a. B has no obligation because the contract of sale is null and void having no price.
b. B has the obligation to rescind the contract
c. B has no obligation because the contract of sale is inefficacious because the price of the
good cannot be determined.
d. B has the obligation to pay a reasonable price which depends on the circumstances of
each particular case.

15. X and Y are good friends. X sold and delivered his car to Y. It was agreed and understood
that on next Sunday X will name and fix the price of the car. Sunday came, X and Y by
telephone and stated and fixed the price at P150,000. Is the contract of sale perfected?

a. No because the purchase price is not yet paid.

b. No, because the title is not registered to the buyer.
C. Yes because the car has already been delivered to Y.
d. No, because the price of the sale was left to the discretion of one of the parties, that is, the
seller, and it was not consented by the buyer.

16. S promised to sell his car to B for P100,000 giving B one week to decide whether to buy or
not. B accepts the promise and gives a consideration of P1,000 for the one week period. If B
decides to buy the car, how much should B pay to S?

a. P100,000 because P1,000 is an earnest money.. b. P99,000 because the P1,000 is an option
money.
c. P100,000 because the P1.000 is an option money.
d. P99,000 because the P1,000 is an earnest money.

17. B purchased the car of S for P100.000 payable within 30 days from the date of sale. As a
downpayment, G gives S P1,000 upon the execution of their agreement. How much should B
pay to S on the 30th day?

a. P100,000 because the P1,000 is an earnest money.

b. P99,000 because the P1,000 is an option money.
c. P100,000 because the P1,000 is an option money.
d. P99,000 because the P1,000 is an earnest money.

18. When shall the buyer or vendee acquire personal rights over the sale?

a. From the time the object should be delivered.

b. From the time of the perfection of the contract of sale.
c. From the time of the payment of purchase price.
d. From the time of the livery of the object of the contract of sale

19. On January 1,2012, Seller and Buyer entered into a contract of sale of a specific cow. The
purchase price shall be paid on January 5,2012 and the cow shall be delivered on January
10,2012. The cow gave birth on January 4,2012. The cow and its young were delivered on
January 11,2012. Which of the following statements is correct?

a. The buyer has real rights over the cow and its young on January 1,2012.
b. The buyer has personal rights over the young on January 10,2012.
c. The buyer has personal rights over the young on January 5,2012.
d. The buyer has personal right over the young on January 1.2012 and real right over the cow
and its young on January 11,2012.

20. S sold his only car to B for P100,000 payable in 10 equal monthly installments of P10,000
each. As security, B executed a chattel mortgage on the car. What is the remedy of S if B fails to
pay one installment?

a. Exact fulfillment of the obligation with recovery for deficiency.

b. Cancel the sale.
c. Foreclose the chattel mortgage on the thing sold, if one has been constituted without the right
to recover any deficiency..
d. Any of the above.

21. Using the same date in number 63, if buyer B defaulted in at least two installments after
payment of several installments, may the seller cancel the contract of sale?

a. Yes and the buyer is still required to pay the price.

b. Yes and the seller may still recover the unpaid price.
C. Yes and the buyer must return the thing to the seller and the seller must generally return the
installments already received minus reasonable rent.
d. Yes and the buyer and seller cannot agree to the forfeiture of installment even if such
agreement is not unconscionable.
already received
22. Using the same date in number 63 and assuming B fails to pay two or more installments,
can S foreclose the chattel mortgage on the car and recover any deficiency from the
foreclosure?

a. Yes S can foreclose the chattel mortgage but cannot recover any deficiency even if there is
stipulation for the recovery?
b. No S cannot foreclose the chattel mortgage and cannot recover any deficiency.
c. YesS can foreclose the chattel mortgage and can recover any deficiency even without
stipulation for the recovery.
d. Yes S can foreclose the chattel mortgage and can recover any deficiency only if there is
stipulation for the recovery.

23. Using the same date in number 63 and assuming the foreclosure of the chattel mortgage
results in excess, who shall be entities to the excess?

a. Buyer in the absence of contrary stipulation

b. Seller in the absence of contrary stipulation
c. Government
d. Neither Buyer or Seller

24. Using the same date in number 63 and assuming B fails to pay two or more installments:
can S ask for the exact fulfillment of the obligation and recover any deficiency from the sale by
execution?

a. No S cannot ask for the fulfillment of the contract of sale because it is available only when
one installment is not paid.
b. Yes $ can ask for the fulfillment of the contract of sale but cannot recover any deficiency from
the sale by execution under any circumstances.
c. Yes S can ask for the fulfillment of the contract of sale and can recover any deficiency from
the sale by execution even without stipulation.
d. Yes S can ask for the fulfilment of the contract of sale and can recover any deficiency from
the sale only if there is stipulation.

25. Using the same date in number 63 and assuming B fails to pay two or more installments;
can S ask for the exact fulfillment of the obligation and recover any deficiency from the sale by
execution through the foreclosure of chattel mortgage on the car?

a. No S cannot ask for the fulfillment of the contract of sale because it is available only one
installment is not paid.
b. Yes S can ask for the fulfillment of the contract of sale but cannot recover any deficiency from
the sale by execution under any circumstances.
c. Yes S can ask for the fulfillment of the contract of sale and can recover any deficiency from
the sale by execution only but not further through foreclosure of chattel mortgage because these
are alternative remedies.
d. Yes S can ask for the fulfillment of the contract of sale and can recover any deficiency from
the sale only if there is stipulation.

26. Using the same date in number 63 except from the fact that the chattel mortgage was
executed over the piano of B and not over his car. S foreclosed the mortgage over the piano
and there is deficiency. Can S recover the deficiency?

a Yes provided there is stipulation to that effect.

b. Yes even without stipulation to that effect.
c. No, because that will be contrary to law.
d. No even without stipulation to that effect.

27. A sold a residential house and lot at an installment price of P6.000.000 payable in 50 years
at P10,000 per month to B. After payment of total installments amounting P180,000, B defaulted
in the next installment. What is the grace period earned by B to pay the defaulted installments
without additional interest?

a. 60 days
b. 30 days
c. 90 days
d. 45 days

28. A sold a residential house and low at an installment price of P6,000,000 payable in 50 years
at P10,000 per month to B. After payment of total installments amounting to P120,000, B
defaulted on the next installment. After following the necessary procedures required by law, the
contract of sale is properly cancelled. How much cash surrender value is B entitled from A?

a. P60,000
b. P90,000
c. P30,000
d. PO

29. S a capacitated, sold to B, a minor, a chicken joy. May S demand from B the payment of the
purchase price?

a. No because the contract of sale is voidable since B is an incapacitated person.

b. Yes because even the contract of sale is voidable ideally, the subject matter, food is
necessary.
c. No because the contract of sale is void.

30. As a general rule, what is the status of the contract of sale between a husband and wife?

a. Voidable because they are suffering from absolute incapacity/

b. Null and void because they are suffering from relative incapacity.
c. Rescissible if there is lesion.
d. Unenforceable if it is not in writing

31. S and B entered into a contract of sale of a specific coconut. S and B pointed over that
particular coconut. What type of constructive delivery is present?

a. Traditio Symbolica or calvium

b. Traditio longa manu
c. Traditio Brevi Manu
d. Traditio Constitutum Possessorium

32. S and B entered into a contract of sale of a specific watch. They executed a public
instrument over the sale. What type of constructive delivery is present?

a. Traditio Symbolica or clavium

b. Traditio longa manu
c. Traditio brevi manu
d. Traditio by legal formalities

33. On January 1, S delivered an electronic calculator to B under a sale or return arrangement.

S gave B up to May 7 to return the electronic calculator. Before May 7, the calculator was
destroyed by fire. Should B pay for the purchase price?

a. No because B is not yet the owner of the calculator.

b. No because the calculator is destroyed through a fortuitous event.
c. Yes because B becomes the owner of the calculator upon delivery.
d. Yes if the fire is due to the fault of B.

34. Using the same date in the preceding number except the fact that the arrangement is a sale
on trial or approval, should B pay the purchase price?

a. No, even if the fire is due to the fault of B.

b. Yes even if B signifies his approval before the fire.
c. No if B does not signify his approval before the fire because B is not yet the owner.
d. Yes because B becomes the owner of the calculator upon delivery.

35. S stole the ring of O and sold the same ring to B for P500 who does not have any
knowledge that the ring was stolen. Which of the following statements is correct?

a. B acquires title to the ring if he is a purchaser in good faith.

b. O cannot recover the ring from B if he will not reimburse B for P500.
c. O can recover the ring from B even if he will not reimburse B for P500.
d. B will acquire title to the ting if he will not be prosecuted.
36. Using the same data in the preceding number but assuming B was able to purchase the
stolen ring at a public sale in good faith for P1,000. Which statements are correct?

a.O cannot recover the ring from B even if he is willing to reimburse B for P1,000.
b. O can recover the ring from B but he must reimburse B for P1,000
c. B cannot obtain a good title from the goods even if he is in good faith.
d. B will have better rights than O in any instance.

37. Using the same data in the preceding number, suppose the ring found its way in a jewelry
store and it was from that jewelry store that B bought the ring in good faith. Which of the
following statements is true?

a. O can recover the ring from B upon payment of purchase price.

b. B does not acquire title over the ring because it was stolen.
c. B acquires title to the ring because the purchase is made from a merchant's store, fair or
market.
d. O has a better title over the ring as against B.

38. Lebron is the registered owner of a vacant lot. Kevin stole the certificate of title of the
registered lot of Lebron and through connivance with a notary public, he was able to execute a
notarized deed of sale through forging the signature of Lebron. With connivance with a Registry
of Deeds, Kevin was able to transfer the title of the lot to his name. Afterwards, Kevin sold the
said lot to Carmelo who acquired the said lot after inspecting the title and the vacant lot.
Carmelo is a purchaser in good faith and for value. Which of the following statements is correct?

a. The contract of sale between Kevin and Carmelo is void because it is the product of a
previous void contract.
b. Lebron can recover the land from Carmelo because the title acquired by Carmelo is that of a
thief even without reimbursing Carmelo.
c. Lebron can recover the land from Carmelo provided he will reimburse him for the price
Carmelo paid.
d. Lebron cannot recover the land from Carmelo because a forged document of deed
of sale, case of registered lot, can be a root of a valid title if the title is already in the hand of a
purchaser for value and in good faith.

39. Manny, a Filipino, sold his private land to Ippo, a Japanese national. The contract of sale
has already been executed. Which of the following statements is correct?

a. The contract of sale is void because it is violative of Constitutional provision against

ownership of private land by foreigners. Therefore, Manny cannot ask for declaration of nullity
because of the principle of pari delicto.
b. The contract of sale is unenforceable because it is violative of Constitutional provision against
ownership of private land by foreigners.
c. Ownership of the land will transfer to Ippo and the contracts can no longer be avoided since
the contract is already executed.
d. Manny can still recover the land by filing an action for declaration of nullity because the
principle of pari delicto is not applicable in the case since it will frustrate the state policy to
reserve the land to Filipinos.

40. Naruto, a Filipino, sold his private land to Hinata, a Japanese national. Afterwards, Hinata
sold the said private land to Kakashi, a Filipino. Which of the following statements is correct?

a. Both contracts of sale are subject to declaration of nullity because they are violative of
Constitutional provision against ownership of private land by foreigners.
b. Both contracts of sale are unenforceable because they are violative of Constitutional
provision against ownership of private land by foreigners.
c. Ownership of the land will transfer to Kakashi and the contracts cannot be avoided since the
land is finally with a Filipino.
d. The second contract of sale is void because it is the product of the first contract of sale.

41. S, a minor of 17 years, sold his watch for P1,500.00 to B. 30 years old. The guardian of S
was not aware of the sale; hence, no action for annulment has yet been filed. Subsequently. B
sold the watch to T., who acquired it in good faith. Which of the following statements is correct?

a. T acquires no title to the watch because the seller's title is voidable.

b. T Acquires good title to the watch even if he buys it in bad faith.
C. T acquires good title to the watch even if the voidable title of the seller has been avoided
before the time of sale as long as I acquire the watch in good faith, for value and without notice
of seller's defect of title.
d. T Acquires good title to the watch even if the seller's title is voidable provided the same has
not been avoided at the time of sale and T Acquires the watch in good faith, for value and
without notice of seller's defect of title.

42. In case of double sale of personal property, who among the buyers shall be preferred?

A.Person who first took possession, actually or constructively, of the properly in good
b. Person who has the oldest title.
c. Person who has the latest title.
d. Person who first registered the property in good faith.

43. S sold his ring to B who told S that he would obtain delivery of the ring after 3 days. Before
the third day. S sold the same ring to X who immediately took physical possession of the ring. X
was not aware of the previous sale to B. Who has a better right over the ring?

a. B because he has the older title.

b. B because X has not registered the ring in good faith.
C. X because he first took possession of the ring in good faith.
d. X even if he took possession of the ring in good faith.

44. 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 same 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 same B. Who has a better right over the watch?

a. B because he has the older title.

b. B because he first took constructive possession of the watch in good faith.
C. X because he first took actual possession of the watch in good faith.
d. X because X has not registered the watch in good faith.

45. In case of double sale of registered or titled immovable property, who among the buyers
shall be preferred?

a. Person who in good faith first registered the sale.

b. Person who first took possession in good faith.
C. Person who presents the oldest title in good faith.
d. Person who has the latest title.

46. On May 1, S sold his registered/titled lot to X. The deed of sale was in a private instrument.
On May 3, S sold the same lot to Y in a public instrument. On May 5, S sold the said lot to Z in a
public instrument. Z immediately registered the sale with the Register of Deeds on May 5. X
took actual possession of the lot on May 6. X, Y and Z were not aware of the sale made to
others. Who among the buyers has the better right?

a. X because he first took actual possession in good faith.

b. X because he has the oldest title in good faith.
C. Y because he first took constructive possession in good faith.
d. Z because he is the first registrant in good faith.

47. Using the same data in number 158 but assuming Z is in bad faith, who has the better right?

a. Z because he is the first registrant in bad faith.

b. X because he first took actual possession in good
c. X because he has the oldest title in good faith.
d. Y because he first looked for constructive possession in good faith.

48. Using the same data in number 158 but assuming Z and Y are in bad faith, who has the
better right?

a. Z because he is the first registrant in bad faith.

b. X because he has the oldest title in good faith.
c. Y because he first took constructive possession in bad faith.
 49. Where no warranty against eviction has been agreed upon or there was no stipulation
exempting the vendor from liability and the vendor acted in bad faith, to what extent should the
vendor acted in bad faith, to what extent shall the vendor be liable to the vendee in case of
eviction?

I. Value of the things at the time of eviction.

II. Income of fruits of the thing.
III. Cost of suit by eviction.
IV. Expenses of the contract if the vendee has paid them.
V. Damages, interests and ornamental expenses.

a. I, II, and III

b. I, II, III and IV
c. II, III, IV and V
d. I, II, III, IV and V

50. Where no warranty against eviction has been agreed upon or there was no stipulation
exempting the vendor from liability and the vendor acted in good faith, to what extent shall the
vendor be liable to rh vendee in case of eviction?

I.Value of the things at the time eviction.

II. Income of fruits of the thing.
III. Cost of suit by eviction.
IV. Expenses of the contract if the vendee has paid them.
V. Damages, interests and ornamental expenses.

a. I, II and III
b. I, II, III and IV
c. II, III, IV and V
d. I, II, III, IV and V