QUIZ 9 – 120 items

1. A survivor ship agreement that upon the death of 1 of F.

the joint account holders the full amount of money in
their account shall become the property of the survivor It is prohibited.
is a valid aleatory contract.
2. Betting in a basketball game is valid because it is not a F
game of chance. Not a game of chance, nut under PD438, it is prohibited.
3. A manufacturer or seller of a prodcut cannot be held T
liable for any damage casued by the product in
absence of proof that product was defective
4. A single transaction whereby 2 or more persons F
contribute funds to buy certain real estate for profit An isolated transaction whereby 2 or more persons contribute
creates partnership only to that particular transaction. funds to buy certail RP for profit in the abasnece of other
circumstances showing contrary intention cannot be considered
partnership.
5. The liability for a contract entered into on behald of an T
unincorporated association or ostensible corporation
may be in a person who may not have directly
transacted on its behalf, but reaped benefits from the
contract.
6. A stipulation in a contract of partnership that upon the
death of a partner, the partnership shall continue to
exist amongs the surviving partners and the heir/s of
the deceased partner is valid.
7. Where the title to RP is in the name of the partners in
conveyance executed by all partners passes all their
rights in such property.
8. If the cause is not justified or no casue was given,
withdrawing managing partner named in AOP may be
compelled to remain in the firm until selection of
replacement and amendment of AOP.
9. Acquisiton of 62% of hte partnership interest by new T
partners, coupled with retirement or withdrawal of
partners who had originally owned such interest,
results to constitution of new partnership.
10. A partnership which does not fix its term is also F
referred as a Partnership w/o term. Partnership at will
11. An action broguth by atty in fact in his own name F
instead of hte pricnipal will not prosper unless name of Atty in fact cannot file an action.
principal is disclosed in the body of complaint.
12. Liability arising from a partner's negligence shall be T
solidary among the guilty partner, innocent partners,
and partnership.
13. Prescription of right to inqurie on the business affairs of T
partnership or demand an accounting starts to run from
the dissolution of partnerhsip.
14. The agent's interst in his promised commission upon F
completion of his obligation makes agency coupled w/ Not an agency coupled w/ interest.
interest.
15. Principal cannot be held liable for actions of agents F
outside scope of their auhtority even if principal Acts beyond authority do not binid unless ratified.
received benefits from the same.
16. Broker may still claim for commission depsite absence T
of authoritsation from principal.
17. Power to foreclosre given to mortgage is govered by F
rules on ordinary agency. Not an ordinary agency.
18. As between the parties to the agency, socpe of agent's T
authority is what appears in written terms of power of
 atty regardless of different insturctions from principal
becuase 3rd parties are not bound to inquire on hte
written terms.
19. There is an implied trust when property is sold, and hte T
legal estate is granted to 1 party but the price paid by
another fro the purpose of having the beneficial
interest of the orperty.
20. If a person obtains legal title to property by fraud and T
concealment, courts of equity will impress upon hte
title is so called resulting trust in favor of the defrauded
party.
21. In an express trust, acceptance by the trustee is T
necessary fro the creation of the trust.
22. A trustor may not have the capacity to transfer
property.
23. Trusts over RP are enforceable in any form. F
1143
24. Trustee can acquire trist property by adverse F
possession even w/o repudation of trust. One of the requisites of trustee to claim title by prescription is
performance of open and unequivocal acts of repudiation.
25. An express trust concerning an immovable or any F
interest may be proved by parole evidence. It may not be proven by parole evidence.
26. In an implied trust over a parcel of land, action to F
recover msut be brought w/in 5 years from issuance of 10 years
title to property.
27. For an aciton for reconveyance based on fraud to F
prosper, petititoner must prove by CCE only his title to Title and fact of fraud.
the property.
28. Prescription will lie in favor of persons who are not in F
possession of the disputed land provided they claim an
interest thereon.
29. In our jurisdiction, it is an enshrined rule that even a T
registered owner of proeprty may be barred from
recovering possesion of property by viurtue of laches.
30. Refusal on part of borrower to exxecute an agreeemtn T
to cover the after-acquired obligsation can constityte
an act of default on the part of the borrrower and the
foreclusre may cover debts incurred after the time of
constiution of CM sought to be foreclosed.
31. The rules governing loans or forbearances may be
appliued by analogy to discounts.
32. Where indebtedness actually owing to the holder of F
morotgage is less than sum named in the mortgage, Where indebtedness actuallu pwing to holder of mortaage is less
mortgage may be enforced fro more than the actual than sum named in mortgage, mortgage cannot benforced for
sum due. mo rethan the actual sum,
33. In a loan transaction, obligation to pay a sum certain in
money may be paid in money or by use of check if
agreed upon.
34. Failre of entrutee to turn over proceeds of sale of F
goods, covered by trust receipts to entruster or to Liable for estafa
return said goods when not disposed of in
accoradance with the terms of trust receipt creates a
civil obligation but not a criminal case.
35. Legal rate for loan/forbearance of money may be T
applied to an obligsation arising from a piece of work.
36. If obligation constits in the payment of sum of money, T
and the debtor incurs in delay, indemnity for damages,
there being no stipulation to the contrary, shall be the
 payment of interest agreed upon, and in the absence
of stipulation, legal interest which is 6% per annum.
37. In simple loan with stipulation of usurious interest, F
prestation of debtor to pay the principal debt, which is Illegality lies only as to the presation to pay stipulated interest
the cause of contract becomes ilelgal.
38. In cases where no interest has been stipulated by the F
parties, as in case of PH American Accident Insurance, No interest was stipulated
accrued conventional interest could further earn
interest upon judicial demand.
39. A registered mortgage right over the property is inferior T
to an unrecroded sale.
40. Exemplary dmaages are awarded for wanton acts and
granted by way of compensation for damages suffered
by plaintiff so as to ____ others as a sort of deferrent.
41. Loss of earning capacty cannot be awarded in case of
damages predicated on breach of contract.
42. Temparate damages are more than nominal damages
and inteded as a reasonable compensation fro injury
sustained even in the documentary proof.
43. Moral damages may not be recovered in cases of
seduction if the victim was already an adult at the time
she had an affair with the _____
44. The seller of a car which was repossessed for
appraisal purposes can still claim fro the balance of the
purchase price
45. The owner of establishment are solidary liable with
their driver fro any accident resukting from latter's
negligent operation of the vehicle provided said owners
were riding therein at the time of mishap.
46. Vendor of personal property sold on isntallment basis
is not precluded after foreclosing the CM on the thing
sold, from having recourse against the additional
security put up by a 3rd party to guarantee the
purchaser's performance of his obligation because the
rifghts eminate from different contracts.
47. Whenever a price of rural land not exceeding 1 hectare
is alienated ,law grantes the adjoining owners a right of
redemption even if grantee or buyer does not own any
other rural land.
48. When a 3rd person claims a legal right to the property
leased, it is a tresspass in fact for which lessor shall
not be liable unless stipualted.
49. The mere act of submitting a case to auhtorities for F
prosecution makes 1 liable for malciious prosecution.
50. A private complainant can be held liable for malicious F
prosceution if accused is acquitted by RTC on
reasoanbale doubt.
51. In case of GF, damages recoverable from breach of T
contract are those which are the natural and probable
consequences of the berach of obligation, WON the
parties could have reasonably foreseen them or not.
52. In rape cases, the court may, in discretion, award F
moral damages to victim without need fro pleading or
proof of the basis thereof.
53. On issued of public humiliation, the courts conider the F
social standing and profession of a perosn in awarding
him actual damages.
54. The diligence required of banks is more than that of a T
 good father of a fmily.
55. Payment of obligation in foreign currency is prohibited. F
56. A loan of use exists when a person receives a loan of
money or any other fundible thing and acquires
ownership tehreof.
57. Failure to pay installment payments in a contract to sell T
is a berach thatwill justify rescission of contract.
58. Specially preffered credits must be sastisfied first T
before ordinary credits under 2244 be paid according
to their priority.
59. In precarium, bailor can demand the return of the thing T
at will from bailee.
60. Execution of deed of assignment in liue of surety bond F
will have same effect as deation in payment.
61. Forged deed of sale may become root of vlaid title if F
certificate has already been trasnferred from the name
of true owner to the name of forger.
62. Mortgagee may insure the mortgaged property for his T
benefit but not for his sole benfit.
63. Doctrine of LCC means that even though a person/s F
own acts may have placed him in a position of peril,
and an injury results the injured person is not entitiled
to recovery and partiesm ust suffer own damages.
64. In res ipsa loquitor, burden or proof remains on plaintiff F
to prove that injury arose from defendant's want of
care.
65. Recover actual daamges, it is not necessary to prove T
actual amount of loss with reasonable degree of
certainty.
66. Grant of atty fees as part of damages is exception T
rather than the rule and counsel's fees are not
awarded every tiem a party prevails in suit.
67. Principal of an acadamic school is liable for tort F
committed by student.
68. Moral damages are generally recoverable in an action F
for berach of contract beccause every person msut
comply with his contractual obligation in GF.
69. If the safekeeping of the thing delivered is not the F
principal purpose of the contract, rules on deposit
should still govern.
70. A contract of sale is void and produces no effect
whatsover where price which appears therein as paid,
has in fact never been paid by purchaser to vendor.
71. Generally, malice can be presumed from defamatory T
words but privileged character of a ocmmunication
destroys the persumption of malice.
72. An interest rate of 2% a month is iniquitous and F
stipulation of interest payment is void.
73. The court in Atlantic Gulf vs CA did not exceed its F
jurisdiction when it modified the judgment of trial court
by increasing the award of damages in favor of the
private respondents who, in the first place, did not
impose an appeal therefrom.
74. When the judgment aweading sum of money becomes T
FE, the monetary award shall earn interest at 6% per
annum from the date of such finality until its
satisfaction, regardless of whether the case involves a
 loan or forbearance of sum of money.
75. A claim for damages sustained on a shipment of goods T
is a solidary oblgiation of shipper, common carrier and
arrastre operator, and customs brakers.
76. All the claims under 2242 must be paid pro rata.

FROM QUIZ 8 → 76-119

1. Future debts of unknown amount may not be F
guaranteed because there is no principal obligation A guaranty may also be given as security for future debts.
yet.
2. Guaranty must be express but exceptionally it may be F
implied from acts of the guarantor as in guaranty by A guaranty is not presumed; it must be express and cannot
estoppel extend to more than what is stipulated therein.
3. The guarantor can bind himself for more than what the F
debtor is liable for but not for less A guarantor may bind himself for less, but not for more than.
4. If the parties avail of contractual provision for T
automatic extension, the guarantor will be released
5. In case of a merger between the debtor and the F
guarantor, the guaranty is extinguished but a sub- Guaranty is accessory and subsidiary.
guarantor, if any, is released
6. There is no excussion/exhaustion in judicial guaranty T
7. When the principal obligation is modified by F
agreement, the guarantor is released if he didn’t agree Alteration should be onerous as to impose a new obli or add
to the modification even if the modified obligation will burden to the guarantor
be less onerous
8. A remission in favor of 1 of 5 guarantors extinguishes F
the principal obligation but only to the extent of 1/5 Extinguished only if remission is made w/out the consent of the
other Gs
9. Necessary and useful expenses EXAMPLES OF LEGAL PLEDGE
10. Termination of usufruct
11. Execution of work upon a movable
12. Agent’s right to retention of objects of an agency until
principal effects reimbursement and pays indemnity
13. Depositary
14. Hotel keepers
15. File application before the executive judge thru the 7 CONDITIONS AND RULES FOR VALID EXTRAJUDICIAL
clerk of court FORECLOSURE OF A THING PLEDGED
16. Clerk will examine WON there was compliance with
posting of notice and publication
17. Raffling of application among sheriffs
18. Auction sale may be had even if there is only 1
participating bidder
19. Clerk shall issue a certificate of payment
20. Certificate of sale must be approved by the EJ
21. Archival of records

22. For all intents and purposes of pledge is extinguished F

when thing pledged is in the possession of pledgor
Only a disputable presumption.
23. The rules governing possession and preservation of a T
thing pledged by agreement shall apply to legal
pledges.
24. Take care w/ diligence of good father of family 3 OBLIGATIONS OF PLEDGEE
25. Liable for loss or deteriorioration by reason of fraud,
negligence, delay or violation of contract
26. Not deposit with a 3rd person
27. Gratuitous CHARACTERISTICS AND FEATURES OF CONVENTIONAL
28. Only movable property DEPOSIT
 29. Voluntary or necessary
30. Real
31. Unilateral if gratuitous
32. Bilateral if for compensation
33. Safekeep OBLIGATION OF DEPOSITARY
34. Return when required
35. Liable for loss through his fault or negligence

JUDICIAL VS CONVENTIONAL DEPOSIT Judicial EJ

36. X 1. Court orders the 1. Necessary or voluntary
37. x attachment/seizure 2. Only movable
38. x 2. Movable or immovable 3. Delivery may be made by
39. x 3. Delivery is made by court will of depositor
order 4. Compliance with legal
4. Attachment or seizure obligsation or calamity
SOLIDARY GUARANTOR VS SOLIDARY DEBTOR SD SG
40. x 1. Debt shall be paid 1. Debtor shall pay
41. x 2. Solidary and primarily liable 2. Subsidiarily liable
42. x 3. Not entitled to excussion 3. Entitled to excussio
43. x 4. Original promisor 4. Collateral undertaking
44. x 5. Bound to know every default 5. No need for notice

WAREHOUSE
1. The warehouse receitps law applies to all warehouses,
whether private or publuc, bonded or not.
2. Mere fact that the goods deposited are incorrectly
described does not make ineffective the receipt when
the identity of the goods is fully established by
evidence.
3. X WHAT SHOULD BE INCLUDED IN WAREHOUSERECEIPT
4. x
5. x
6. x
7. x
8. x
9. x
10. x
11. x
12. A warehouse receipt has 2-fold function of being
contract and a receipt
13. A judgment creditor can levy by execution the goods
covered by a negotiable receipt while in possession of
the Wman even before surrendering the receipt.
14. Fialure to mark the receipt 'negotiable' does not render
it non-nego if it contains wordsof negotiability.
15. Where, by the terms of the negotiable receipt, the
goods are deliverable to bearer or where negotiable
receipt has been indorsed in blank or to bearer, any
holder may indorse the same to him or to any other
specified person, and in such case, the receipt shall
thereafter be negotiated only by indorsement of such
indorsee.
16. Indorsement of a receipt shall make the indorser liable
for failure of the part of wman or previous indorsers of
receipt to fuilfill heir respective oblgiaitons.
17. A receipt in which it is stated that goods received will
be delivered to the depositor or to any other specified
person is a negotiabel receipt.
18. A negotiable receipt with insertion that it is non-
negotiable shall render the receipt non-negotable.
19. Alteration of receipt shall not excuse the Wman who
issued it from any liability ______ it was made w/o
fraudulent intent.
20. __________ commingled with other goods of the same
kind.