QUIZ

1.As a rule, this contract of sale involving a piece of land is void,

A. Between a minor and a capacitated person.

B. Between two insane persons who did not act during lucid interval
C. Between first degree cousins
D. Between husband and wife
As explained by Article 1490 of the Civil Code of the Philippines, “The
husband and wife cannot sell property to each other, except: (1) when a
separation of property was agreed upon in the marriage settlements; or when
there has been judicial separation of property under Article 191.”

2. X, 17 years old, sold to Z, of legal age, her necklace worth P20,000 for P15,000. Later, Z
sold the necklace to Y for P20,000. Which of the following statements is correct?

A. X has got a voidable title because at the time of sale, she is a minor
B. X can ask for rescission of the sale to Y because she suffered a lesion of more than ¼ of
the value of the property.
C. If Y is in bad faith, Y becomes the owner of the necklace upon delivery to him but
his title is voidable.
D. X can ask for the annulment of the sale to Y because at the time of sale she is a minor.

3.A contract of sale is not a(an)

A. Onerous contract
B. Accessory contract
C. Commutative contract
D. Bilateral contract

4.Warranty against hidden defects is

A. An essential element
B. A natural element
C. An accidental element
D. An artificial element
Art. 1561. The vendor shall be responsible for warranty against the hidden defects which the thing sold
may have, should they render it unfit for the use for which it is intended, or should they diminish its
fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired
it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or
those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of
his trade or profession, should have known them. (1484a)

5. When a sale of a piece of land or any interest therein is through an agent, the authority of the
agent shall be in writing, otherwise the sale is

A. Valid
B. Voidable
C. Unenforceable
D. Void
Art. 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the
latter shall be in writing; otherwise, the sale shall be void. (n)
6. X needs a size of 10 of model 101 of Leather Shoes regularly available to the public for her
boyfriend Z, but the same is out of stock so she placed an order for one. On the other hand, Z
placed an order for size No. 8, colored violet, (something not ordinarily made by the
company) to be given to X. Which is correct?

A. Both are contracts of sale

B. Both are contracts for a piece of work
C. First is a contract of sale second is a contract for a piece of work
D. First is a contract for a piece of work, second is a contract of sale

Art. 1467. A contract for the delivery at a certain price of an article which the vendor in the ordinary
course of his business manufactures or procures for the general market, whether the same is on hand at
the time or not, is a contract of sale, but if the goods are to be manufactured specially for the customer
and upon his special order, and not for the general market, it is a contract for a piece of work. (n)

7. In contract of sale, if the price is absolutely simulated, the sale is

A. Unenforceable
B. Voidable
C. Void
D. Rescissible

Art. 1471. 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. (n)

8. In a contract of sale, of personal property, the price of which is payable in installments, the
vendor may exercise any of the following remedies, except

A. Exact fulfillment of the obligation, should the vendee fail to pay any installment
B. Cancel the sale, should the vendee’s failure to pay cover two or more installment
C. Foreclose the chattel mortgage on the thing sold, if one has been constituted should the
vendee’s failure to pay cover two or more installments
D. Rescind the sale should the vendee fail to pay any installment.
Article 1484 is applied.
Art. 1484. In a contract of sale of personal property the price of which is payable in
installments, the vendor may exercise any of the following remedies:
(1) Exact fulfillment of the obligation, should the vendee fail to pay;
(2) Cancel the sale, should the vendee's failure to pay cover two or more
installments;
(3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay
cover two or more installments. In this case, he shall have no further action against the purchaser to recover any
unpaid balance of the price. Any agreement to the contrary shall be void. When the seller elects to foreclose the chattel
mortgage on the property, he may not go after the buyer to recover any unpaid balance as provided by the stated
article.
Note: Article 1484 or the Recto Law is only applicable in case the property subject of the chattel mortgage is the
SAME PROPERTY which was sold on installment. If the subject of the chattel mortgage is personal property OTHER
THAN the personal property sold in installment, the Recto Law is not applicable and the seller can still exercise the
2 other options even if there was already foreclosure of the property.

9. A sold to B a parcel of land for P3.8M. The sale is evidenced by a memorandum of

agreement of sale written in the Bicolano dialect. One week later, A sold the same parcel of
land to C for P4M. This is evidenced by a formal deed of sale. Upon buying the property, C,
who was aware of the first sale immediately took possession of the lot. When informed of
the second sale, B subsequently registered an adverse claim to the property. Later, C
registered the deed of sale in her favor. The parcel of land shall belong to

A. B because he has got an older title

B. C because he is the first to register
C. C because he is the first to take possession
D. No one as both sales are void
10. Which of the following cannot be the object of a contract of sale?

A. Sale of credit
B. Young animal not yet conceived at the time of perfection
C. Land which the seller expects to buy
D. Future inheritance

Art. 1347. All things which are not outside the commerce of men, including future things, may be the
object of a contract. All rights which are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in cases expressly authorized by law.

11. Ownership of the thing sold is

A. Retained by the seller in “sale or return

B. Transferred to the buyer upon constructive or actual delivery of the thing sold
C. Acquired by the buyer upon perfection of the contract
D. Transferred to the buyer upon acceptance of the price

Art. 1477. The ownership of the thing sold shall be transferred to the vendee upon the actual or
constructive delivery thereof. (n)

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

A. There is meeting of the minds

B. Negotiations are in progress
C. The parties come to an agreement
D. The contract is perfect

13. I. The husband and the wife cannot sell property to each other, as a rule.

II. The sale of a piece of land or interest therein when made thru an agent is void unless the
agent’s authority is in writing even if the sale itself is in s public instrument and has been
registered.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false

14. I. The ownership in the thing shall not pass to the purchaser until he has fully paid the price.

II. The Maceda Law refers to the sale of personal property by installments while the Recto
Law refers to the sale of real property by installments.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false

15. This refers to the implied warranty on the part of the seller that he has the right to sell the
thing at the time when ownership is to pass, and that the buyer from that time shall have and
enjoy legal and peaceful possession of the thing.

A. Warranty against hidden defects

B. Warranty against eviction
C. Warranty against ownership
D. Warranty of possession