ABAD, JEASEL B.

ARTICLES 1458-1461

MCQ
1. What is the effect of a sale of a vain hope or expectancy? ( 1461)

a. The sale is valid

b. The sale is voidable
c. The sale is void
d. The sale is perfected

2. When is a thing determinate? ( 1460)

a. when it is sold
b. when it is particularly designated and physically segregated
c. at the time of the perfection of the contract
d. during negotiation

3.At the time of the delivery of the thing, what right must the vendor have?( 1459)

a. right to transfer the ownership

b. right to deliver the determinate thing
c. right to perfect the contract
d. right to reciprocally demand performance

4. In a contract of sale, if the buyer’s obligation is to pay a price certain in money,

then what are the obligations of the seller? (1458)

a. to deliver a determinate thing

b. to transfer the ownership and deliver a generic thing
c. to transfer the ownership of and deliver a determinate thing
d. to deliver a determinate thing and transfer the possession thereof
ANOR, JENNIFER L. SALES SA 4:00 - 6:00

Set B: Multiple Choice

Article 1462

The following contract of sale involving future goods are invalid, except:
a) Contract of sale where the goods are to be manufactured, raised or acquired before the perfection
of a contract.
b) Contract of sale where the goods which form the subject of such contract are to be manufactured,
raised, or acquired by the seller after the negotiation but before the perfection of the contract of
sale.
c) Contract of sale whose acquisition by the seller depends upon a contingency which may or may
not happen.
d) Contract of sale whose acquisition by the seller do not depend upon a contingency.

Article 1463

Can an undivided interest be a a subject of a contract of sale?

a) No. The sole owner of a thing cannot sell an undivided interest therein.
b) Yes. An owner of a thing may sell an undivided interest, provided that it be partitioned
immediately after delivery.
c) Yes. The sole owner of a thing may sell an undivided interest therein.
d) Yes. The sole owner of a thing may only sell 50% of an undivided interest.

Article 1464

The following statements regarding the sale of share in a specific mass is correct, except:
a) In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though
the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods
in the mass, and though the number, weight or measure of the goods in the mass is undetermined.
b) By such a sale the buyer becomes owner in common of such a share of the mass as the number,
weight or measure bought bears to the number, weight or measure of the mass.
c) If the mass contains less than the number, weight or measure bought, the buyer becomes the
owner of the whole mass and the seller is bound to make good the deficiency from goods of the
same kind of quality, unless a contrary intent appears.
d) If the mass contains less than the number, weight or measure bought, the buyer becomes the
owner of the whole mass and the seller is not bound to make good the deficiency from goods of
the same kind of quality, unless a contrary intent appears.

Article 1465

Which of the following statements is correct regarding the sale of things subject to a condition:
a) Only things subject to a suspensive condition may be the object of the contract of sale.
b) Things subject to a resolutory condition shall not be the object of the contract of sale.
c) Things subject to a resolutory condition may be the object of the contract of sale, provided that
the seller’s right is always registered.
d) Things subject to a resolutory condition may be the object of the contract of sale.
1466-1469-BACLAYON
MULTIPLE CHOICE

ARTICLE 1466
Which of the following statement is correct?
a) In construing a contract containing provisions characterized of both the contract of sale and of
the contract of agency to sell, the essential clauses of the whole instrument shall be
considered.
b) In construing a contract containing provisions characterized of both the contract of sale and of
the contract of agency to sell, only a part of the instrument shall be considered.
c) In construing a contract containing provisions characterized of both the contract of sale and of
the contract of agency to sell, the essential clauses of the whole instrument may be considered.
d) In construing a contract containing provisions characterized of both the contract of sale and of
the contract of agency to sell, the essential clauses of the whole instrument shall not be
considered.

ARTICLE 1467
A contract wherein the goods are manufactured specially for the customer or upon the special order of
the customer, and not for the general market.
a) contract to sell
b) contract of sale
c) barter
d) contract of a piece of work

ARTICLE 1468
The following statements are true, except:
a) If the consideration of the contract consists partly in money and partly in another thing, the
transaction shall by the manifest intention of the buyer.
b) If the consideration of the contract consists partly in money and partly in another thing, and
the intention of the parties does not clearly appear, it will be considered as a contract of sale.
c) If the consideration of the contract consists partly in money and partly in another thing, and
the intention of the parties does clearly appear, it will be considered as a barter if the value of
the thing given exceeds the amount of the money or its equivalent.
d) If the consideration of the contract consists partly in money and partly in another thing, and
the intention of the parties does not clearly appear, the contract shall be considered as a
contract of sale if the value of the thing given is the same as the amount of the money or its
equivalent.

ARTICLE 1469
Examine the following statements:
1. In order that the price may be considered certain, it shall be sufficient that it be so with reference to
another thing certain.
2. The determination of the price may be left to the judgment of a specified person or persons, but if
said person or persons be unable or unwilling to fix the price, the contract will be considered void.
3. If third person or persons acted in bad faith or by mistake, the court may fix the price.
4. If third person or persons are prevented from fixing the price or terms by fault of the buyer or the
seller, the party not in fault may have remedies against the party at fault.
a) Only statement 1 and 4 are correct.
b) Only statements 1, 2 and 4 are correct.
c) All the statements are correct except statement number 2.
d) All the statement are correct.
Butao, Kimberly May
Art. 1470 – 1473

Multiple choice:
1. Mere inadequacy of the price does not affect the validity of the sale, except:
a. when the real price was subsequently agreed upon
b. when there is fraud, mistake, or undue influence indicative of a defect in the consent is present and when it
shows that the parties really intended a donation or some other act or contract
c. when the contract was intended to be that of a loan
d. when there is mistake only as to the fixing of the price and that the parties really intended a donation or
some other negotiations under the discretion of a third party

2. which of the following is not an effect where the price is simulated?

a. the act may be shown to have been in reality a donation, or some other act or contract
b. if not and neither the party had an intention whatsoever that the amount will be paid – absolutely simulated
– the sale is void
c. if there is a real price but what is stated in the contract is not the one intended to be paid – only relatively
simulated -the contract of sale is valid but subject to reformation
d. when the acts of the contracting parties intended was to make a fake sale the sale is valid to the eyes of the
third party

3. The price of securities, grain, liquids, and other things shall be considered certain:
a. When the price fixed is that which the thing sold would have on a definite day, or a particular exchange
market, or when an amount is fixed above or below the price on such day, or in such exchange or market,
provided said amount to be certain
b. When the price fixed is that which the thing sold would have on a specified day, or a particular stock
market, or when an amount is fixed above or below the price on such day, or in such exchange or market,
provided said amount to be certain
c. When the price not fixed is that which the thing sold would have on a definite day, or a particular exchange
market, or when an amount is fixed above or below the price on such week, or in such exchange or market,
provided said amount to be certain
d. When the price fixed is that which the thing sold would have on a definite day, or a particular exchange
market, or when an amount is not fixed above or below the price on such day, or in such exchange or
market, provided said amount to be not certain and yet to be fixed

4. Shana sold to Joymee a donkey. It was agreed that Joymee would fix the price 3 days later. At the appointed
time Joymee named the price – 300,000. Shana agreed. Is the sale perfected?

a. No, no sale is perfected. Shana should have been the one to fix the price because she owns the donkey.
b. No, 300,000 is too expensive for a donkey.
c. Yes, because the donkey was delivered prior to the fixing of the price.
d. Yes, for there is a true meeting of the minds.
CALIBUGAN, RUDEZA SHEENA A.

SET B: Multiple Choice

Article 1474

What is the effect of failure to determine price where contract is executory?

a. the buyer must pay a reasonable price thereof
b. the contract is without effect
c. the buyer must return the goods already received
d. the vendor still has an obligation to deliver the thing

Article 1475

What is the requirement for perfection when the contract is thru correspondence?
a. when the offer is accepted without conditions and without qualifications
b. when the offer is accepted
c. when the condition provided is fulfilled
d. when the offeror receives or has knowledge of the acceptance by the offeree

Article 1476

What is the effect if no notice is given of right to bid?

a. it shall be unlawful for the seller to bid directly or indirectly
b. the auctioneer may employ any person to bid on behalf of the seller
c. the bidding would not operate as a fraud
d. it shall have no effect since giving of notice is not necessary

Article 1477

When is Ownership transferred in Sale?

a. upon the perfection of the contract
b. upon payment of the purchase price
c. upon the actual or constructive delivery
d. upon the time agreed by the parties
1478-1481-CASTRO

SET B. Multiple Choice Questions

ART. 1478 When is ownership not transferred to the purchaser despite delivery?
a. When the parties stipulate that ownership in the thing shall not pass to the purchaser until he has fully
paid the price.
b. When the parties stipulate that ownership in the thing shall not pass to the purchaser upon his down
payment.
c. If there is no stipulation when ownership in the thing shall not pass to the purchaser until when he
decides to pay.
d. If there is no stipulation when ownership in the thing shall not pass to the purchaser until he will win in
the lottery.
ART. 1479 A promise to buy and sell a determinate thing for a price certain is __________.
a. demandable at once
b. demandable immediately
c. requested by the parties
d. reciprocally demandable

ART. 1480 Who bears the risk of loss when the object has been lost before perfection of a contract of sale?
a. Buyer because he acquires ownership upon negotiation.
b. Seller because there was no contract of sale and being the owner, he bears the loss.
c. Both the buyer and seller because they are parties of the contract of sale.
d. Neither the buyer nor the seller because there was no contract of sale.
ART. 1481 Statement 1. In a sale of description or by sample, the buyer shall have a reasonable opportunity of
comparing the bulk with the description or the sample.
Statement 2. If the contract be by sample as well as by description, it is sufficient if the
requirements in a sale by description are already satisfied.
a. Statement 1 is False. Statement 2 is True.
b. Both statements are True.
c. Statement 1 is True. Statement 2 is False.
d. Both statements are False.
1482-1485-DACUBA
TRUE OR FALSE

MCQ

Article 1482
1. Whenever ___________ is given in a contract of sale, it shall be considered as part of the price and as proof
of the perfection of the contract.
a) Option money
b) Earnest money
c) Consideration money
d) Promissory note

Article 1483
1. Subject to the provisions of the Statute of Frauds and of any other applicable statute, a contract of sale may
be made ___________.
a) In writing and by word of mouth, and partly in writing or partly by word of mouth, or maybe inferred
from the conduct of the parties.
b) In writing, or partly in writing and partly by word of mouth, or maybe inferred from the conduct of the
parties.
c) In writing, or by word of mouth, or partly in writing and partly by word of mouth, or shall be inferred
from the conduct of the parties.
d) In writing, or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred
from the conduct of the parties.
Article 1484
1. Examine the following statements:
I. In a contract of sale of personal property the price of which is payable in installments, the vendor may
exercise exact fulfillment of the obligation, should the vendee fail to pay.
II. In a contract of sale of personal property the price of which is payable in installments, the vendor may
exercise to cancel the sale, should the vendee’s failure to pay cover two or more installments.
III. The remedies set forth under article 1484 are cumulative.

a) Statement I is true.
b) Statement II is true; statement III is false.
c) Statement I and III are both true.
d) Statement I and II are both true.

Article 1485
1. Article 1485 shall be applied to contracts purporting to be leases of ____________ with ____________
when the lessor has deprived the lessee of the possession or enjoyment of the thing.

a) Personal property; option to sale

b) Real property; option to buy
c) Personal property; option to buy
d) Personal property; option to sell
1486-1489-FIGUES
MCQ:
Art 1486 Statement 1: In cases of contract of sale of personal property payable in installments, a stipulation that the
installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be
unconscionable under the circumstances.
Statement 2: In cases of leases of personal property with option to buy, a stipulation that the installments or rents
paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable under
the circumstances.
a. Statement 1 is true, Statement 2 is false
b. Both statements are true
c. Statement 1 is false, statement 2 is true
d. Both statements are false

Art 1487 Unless there is a stipulation to the contrary, who pays for the expenses for the execution and registration of
the sale?
a. Vendor
b. Vendee
c. Both the Vendor and the Vendee
d. Sales Agent
Art 1488 What governs expropriation of property for public use?
a. Revised Penal Code
b. Special Laws
c. Judicial Decisions
d. Opinion of highly qualified publicists

Art 1489 Where necessaries are sold and delivered to a minor or other person without capacity to act, he must pay
a. conscionable price
b. unconscionable price
c. reasonable price
d. unreasonable price
1490-1493-LAGUNA
MCQ

1490. Which statement is correct.

I. The husband and the wife cannot sell property to each other.
II. The husband and wife can sell property to each other given if there is a separation of property agreed in the
marriage settlements or if there is a judicial separation.
III. The husband and wife can sell property to each other through donation.
IV. The husband and wife can sell property to each other as long as there is meeting of the minds and a consideration
of the subject matter.
A.I is correct
B. II is correct
C. Only I is correct
D. Both I and II is correct

1491. Statement I. The following persons cannot acquire by purchase even at a public or judicial auction either in
person or through the mediation of another; the guardian,agent executors and administrators of the property.
Statement II. Public officers and justices and judges can acquire by purchase even at a public or judicial auction
given it is a written document.
A. Statement I is correct
B. Statement II is correct
C. Both statements are correct
D. Both statements are incorrect

1492. The prohibitions of the persons who can acquire a property by purchase are applicable to all except;
A. Legal redemption
B. Compromise
C. Renunciation
D. Rescission

1493. If at the time if the contract of sale is perfected the thing which is the object of the contract has been
entirely lost, what will happen to the contract?
A. Shall be without any effect
B. Shall be valid
C rescission of contract
D. File for a specific performance
1494-1498-MAGLOYUAN
Magloyuan, Chasmere L.
Multiple Choice Question
Art. 1494. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have
perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in
character, the buyer may at his option treat the sale:
A. Perfected
B. Negotiated
C. Transferred
D. Avoided or valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding
the buyer to pay the agreed price for the goods in which the ownership will pass, if the sale was divisible

Art. 1495. He is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of
the sale.
A. Transferor
B. Vendee
C. Transferee
D. Vendor

Art. 1496. He acquired the ownership of the thing sold from the moment it is delivered to him in any of the ways
specified in Articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred
from the vendor to the vendee.
A. Bearer
B. Vendee
C. Holder
D. Vendor

Art. 1497. The thing sold shall be understood as delivered, when it is placed in the control and possession of the:
A. Indorser
B. Vendee
C. Holder
D. Vendor

Art. 1498. When the sale is made through _________ , the execution thereof shall be equivalent to the delivery of
the thing which is the object of the contract, if from the deed of the contrary does not appear or cannot clearly be
inferred.
A. Medical Instrument
B. Public Instrument
C. Private Instrument
D. Musical Instrument
ARTS. 1499-1503 MELENDRES, MA.REBECCA FE, G.

MULTIPLE CHOICE QUESTIONS

Choose the best answer.

1. Which of the following statements is correct?

Statement 1: The delivery of movable property may be made by the mere consent or agreement of the
contracting parties if the vendee had it in his possession for any other reason.
Statement 2: If the thing sold cannot be transferred to the possession of the vendee at the time of the
sale, the delivery of movable property may be made by the mere consent or agreement of the
contracting parties

A. Only Statement 1 is correct

B. Only Statement 2 is correct
C. Both Statements are correct
D. Both Statements are incorrect

2. What mode of constructive delivery is described in a case where seller continues to occupy real
property as tenant, possession is deemed constituted in the buyer?
A. Traditio Constitutum Possessorium
B. Traditio Brevi Manu
C. Traditio Longa Manu
D. Traditio Simbolica

3. Which of the following statements is correct?

Statement 1: The use by the vendee of his rights, with the vendor’s consent shall be understood as a
delivery.
Statement 2: The placing of the titles of ownership in the possession of the vendee, may be understood
as delivery

A. Only statement 1 is correct

B. Only Statement 2 is correct
C. Both statements are correct
D. Both statements are incorrect

4. Buyer may revest ownership in the seller by:

A. Returning the goods within 1 year from receipt thereof
B. Tendering the goods only within the time fixed in the contract
C. Returning or tendering goods anytime
D. Tendering or returning the goods within the time fixed in the contract or within reasonable time
5. In the following instances, the seller is still owner of the thing despite delivery, EXCEPT:
A. When the buyer, although the goods are deliverable to him, and although bill of lading is given to
him, does not honor the bill of exchange sent along with it
B. If the bill of lading, although stating that the goods are to be delivered to buyer or his agent, is
kept by the latter or his agent
C. I f under the bill of lading, the goods are deliverable to the seller or agent or their order
D. By express stipulation
1504-1508-MICABANI
CHARMINE FERNANDEZ MICABANI

SET B: MULTIPLE CHOICE

ARTICLE 1504. Who bears the risk of loss when actual delivery has been delayed through the fault of either the
buyer or seller?
a. Seller only
b. Buyer only
c. Party in fault
d. Agent of the buyer

ARTICLE 1505. What is the right of the buyer if goods are sold by a person who is not the owner of the thing sold
and has no authority or no consent of the owner?

a. buyer acquires absolute title to the goods

b. buyer acquires better title to the goods than the seller
c. buyer acquires no better title to the goods than the seller
d. buyer acquires no right over the goods sold.

ARTICLE 1506. What is the effect of sale when the seller has a voidable title?

a. sale is void
b. sale is always valid
c. sale is valid until annulled
d. sale is void ab initio

ARTICLE 1507. It is a document of title in which it is stated that the goods referred to therein will be delivered to
the bearer, or to the order of any person named in such document.

a. Deed of absolute sale

b. Purchase order
c. Negotiable document of title
d. Sales agreement

ARTICLE 1508. When a negotiable document of title has been indorsed in blank, the document can be negotiated by

a. indorsement
b. indorsement plus delivery
c. mere delivery
d. mere transfer
MONTALLANA, KESSEY N.
ARTICLES 1509 – 1513

II – MULTIPLE CHOICE

1. (Art. 1509)

A piece of paper in which it is stated that the goods referred to therein are deliverable to “bearer”, or “to
order” of any person names in such document is a:

A. Negotiable Instrument
B. Non-Negotiable Instrument
C. Negotiable Document of Title
D. Non-Negotiable Document of Title

2. (Art. 1510)

The words "__________" "__________," or the like when placed upon a document of title in which the
goods are to be delivered “to order” or “to bearer” have no effect and the document continues to be
negotiable.

A. Not Negotiable/Non-Negotiable
B. Not Deliverable/Non-Deliverable
C. Not transferrable/Non-Transferrable
D. Invalid/Void

3. (Art. 1511)

A ___________ cannot be negotiated and the indorsement of such a document gives the transferee no
additional right.

A. Negotiable Title
B. Negotiable Instrument
C. Non-Negotiable Document
D. Non-Negotiable Goods

4. (Art. 1512)

A negotiable document of title may be negotiated by:

A. Only the owner thereof.

B. Any person
C. Only a person to whom the possession or custody of the document has been entrusted by the
owner.
D. The owner thereof or by any person to whom the possession or custody of the document has been
entrusted by the owner.

5. (Art. 1513)

A person to whom a negotiable document of title has been duly negotiated acquires the following EXCEPT:
 A. Such title to the goods as the person negotiating the document to him had or had ability to convey
to a purchaser in good faith for value.
B. The right to convert the negotiable nature of the document to non-negotiable.
C. Such title to the goods as the person to whose order the goods were to be delivered by the terms of
the document had or had ability to convey to a purchaser in good faith and for value.
D. The direct obligation of the bailee issuing the document to hold possession of the goods for him
according to the terms of the document as fully as if such bailee had contracted directly with him.

1514-1518-MONTERO

MULTIPLE CHOICE:

1.) 1514 states the rights of transferee except one:

a.) A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as
against the transferor, the title to the goods, subject to the terms of any agreement with the transferor.

b.) If the document is non-negotiable, such person also acquires the right to notify the bailee who issued the
document of the transfer thereof, and thereby to acquire the direct obligation of such bailee to hold
possession of the goods for him according to the terms of the document.

c.) Prior to the notification to such bailee by the transferor or transferee of a non-negotiable document of
title, the title of the transferee to the goods and the right to acquire the obligation of such bailee may be
defeated by the levy of an attachment of execution upon the goods by a creditor of the transferor, or by a
notification to such bailee by the transferor or a subsequent purchaser from the transferor of a subsequent
sale of the goods by the transferor.

d.) Such title to the goods as the person negotiating the document to him had or had ability to convey to a
purchaser in good faith for value and also such title to the goods as the person to whose order the goods
were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith
for value; and

2.) 1515

FIRST STATEMENT: Where a negotiable document of title is transferred for value by delivery, and the
endorsement of the transferor is essential for negotiation, the transferee acquires a right against the
transferor to compel him to indorse the document unless a contrary intention appears.

SECOND STATEMENT: The negotiation shall take effect immediately.

Which among the following statements are correct?

a.) both statements are true

b.) first statement is false, second statement is true
c.) both statements are false
d.) first statement is true, second statement is false.

3.) 1516

A person who for value negotiates or transfers a document of title by indorsement or delivery, including
one who assigns for value a claim secured by a document of title unless a contrary intention appears,
warrants the following, except:
a.) That the document is genuine;
b.) That he has no legal right to negotiate or transfer it
c.) That he has knowledge of no fact which would impair the validity or worth of the document; and
d.) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a
particular purpose, whenever such warranties would have been implied if the contract of the parties had
been to transfer without a document of title the goods represented thereby.

4.) 1517

The non liability of ____ to comply with their obligations does not make the present endorsers liable.

a.) maker of a promissory note

b.) drawee bank
c.) bailee or the previous endorsers
d.) present endorser

5.) 1518

The validity of the negotiation of a negotiable document of title is not impaired by the following except:

a.) the fact that the negotiation was a breach of duty on the part of the person making the negotiation,

b.)or by the fact that the owner of the document was deprived of the possession of the same by loss, theft,
fraud, accident, mistake, duress, or conversion, if the person to whom the document was negotiated

c.) or a person to whom the document was subsequently negotiated paid value therefor in bad faith

d.) subsequently indorsed it to a purchaser in good faith.

1519-1523-OÑAS
MCQ
Article 1519
1. Goods cannot be attached or levied under execution, except:
a. If the Negotiable Document of Title is not surrendered to bailee.
b. If the negotiation of the Negotiable Document of Title is enjoined.
c. If the Negotiable Document of Title is surrendered to a 3rd person.
d. The negotiation is prohibited and the goods are not impounded by the court.
Article 1520
2. In case a debtor refuses to surrender a Negotiable Document of Title to a creditor, the latter may, with aid
from the court , afford of the following remedies, except:
a. Injunction
b. Rescission
c. Satisfy claim on the Negotiable Document of Title
d. Attaching the Negotiable Document of Title
Article 1521
3. The following are the rules in delivery of goods, except:
a. According to that agreed upon
b. In the absence of an agreement: Usage of trade
c. Buyer’s place of business or residence
d. For specific goods, where the said goods are found
Article 1522
4. If the delivery of goods are more than the quantity contracted, the buyer may, except:
a. Buyer may accept quantity contracted and reject the excess
b. Buyer may accept including the excess provided, he pays for the fair market value of the goods.
c. Buyer may accept including the excess provided, he pays for them at the contract rate.
d. If indivisible, buyer may reject the whole or accept it entirely.
Article 1523
5. Delivery to the carrier constitutes delivery to the buyer, whether the carrier was named by the buyer or not,
except:
a. The contrary appears (parties did not intend delivery to carrier is delivery to buyer)
b. Seller reserves the right of possession or ownership despite delivery of the goods to the buyer, a carrier
or other bailee.
c. By the Bill of Lading the goods are not deliverable to the seller or his order for the purpose of retaining
ownership.
d. Bill of Lading is deliverable to the order of the buyer , but the seller retains possession of the Bill of
Lading.
POTRIDO, NEY ANN L.
ARTICLES 1524-1528

Set B: Multiple Choice

1. When does the vendor shall not be bound to deliver the thing sold?
a. If the vendee has conditional payment of the price
b. If there is no meeting of the minds in determining the price to be paid
c. If the vendee has not paid him the price or if no period for the payment has been fixed in the
contract
d. If the vendee has paid him the price or if there is a period for the payment has been fixed in the
contract

2. Which of the statements considered the seller of the goods as an unpaid seller?
a. When there is no stipulation of the contract that the seller be paid anytime;
When a negotiable instrument has not been delivered.
b. When the price has been paid partly in half;
When there is a conditional payment in a bill of exchange
c. When the whole of the price has been paid or tentered;
When a bill of lading and other negotiable instrument has been received as conditional payment,
and the condition on which it was received has been broken by reason of the check, solvency of
the buyer or otherwise
d. When the whole of the price has not been paid or tentered;
When a bill of exchange or other negotiable instrument has been received as conditional payment,
and the condition on which it was received has been broken by reason of the dishonor of the
instrument, the insolvency of the buyer, or otherwise.

3. Notwithstanding that the ownership in the goods may have passed to the buyer the unpaid seller of goods,
as such has, EXCEPT:

a. In case of the insolvency of the buyer, there is no right of stopping the goods in transit after he has
parted with the possession of them.
b. A right to rescind the sale.
c. A lien on the goods or right to retain them for the price while he is in possession of them.
d. A right of resale.

4. In the following cases, where the goods have been sold without any stipulation as to credit; where the
goods have been sold on credit, but the term of credit has expired; where the buyer becomes insolvent.
What does the unpaid seller of goods entitled to?

a. The unpaid seller of goods who is in possession is entitled of payment.

b. The unpaid seller of goods who is in possession is entitled of delivery of goods.
c. The unpaid seller of goods who is in possession is entitled to retain the possession until payment
or tender of price.
d. The unpaid seller of goods who is in possession is entitled to recover the possession until full
payment of price.

5. Where the unpaid seller has made part delivery of the goods, he may exercise his right of lien on the
remainder,
a. Unless such part delivery has been made under such circumstances as to show an intent to waive
the lien or right of retention
b. Unless such delivery has not made under such circumstances as to show an intent not to waived
the lien or right to retain
c. Unless no such delivery has been made
d. Unless there are other circumstances to exercise the lien on the remainder
1529=1533-REGALA
MCQ:
1529. The unpaid seller of goods loses his lien in the following situations, except:
(a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without
reserving the ownership in the goods or the right to the possession thereof
(b) When the buyer or his agent lawfully obtains possession of the goods
(c) When the unpaid seller has obtained judgment or decree for the price of the goods
(d) By waiver
1530. When the buyer of goods is or becomes ______, the unpaid seller who has parted with the possession of the
goods has the right of stopping them in transitu.
(a) absent
(b) solvent
(c) insolvent
(d) an agent
1531. Goods are no longer in transit, except:
(a) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed
destination;
(b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to
the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee
for the buyer or his agent; and it is immaterial that further destination for the goods may have been
indicated by the buyer;
(c) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even
if the seller has refused to receive them back.
(d) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that
behalf.

1532. When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the
goods, he must redeliver the goods to, or according to the directions of, the _____. The expenses of such
delivery must be borne by the _____.

(a) seller; buyer

(b) buyer; seller

(c) seller; seller

(d) buyer; buyer

1533. An unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods based on
the following situations, except:
(a) Where the goods are of perishable nature
(b) Where the seller expressly reserves the right of resale in case the buyer should make default
(c) Where the seller gives the goods to the buyer as donation
(d) Where the buyer has been in default in the payment of the price for an unreasonable time,
1534-1538-SANGCO
II. Multiple Choice
ART. 1534
The following are the remedies of the unpaid seller, where he expressly reserved the right to do so, in case the buyer
has been in default in the payment of the price for an unreasonable time, except one:
(a) He may rescind the transfer of title
(b) He may resume the ownership in the goods
(c) He may recover damages from the buyer for any loss
(d) He may be liable to the buyer upon the contract of sale for any loss

ART. 1535
Statement I: The unpaid seller’s right of lien or stoppage in transitu is not affected by any sale, or other disposition
of the goods which the buyer may have made, unless the buyer has assented thereto.
Statement II: If a negotiable document of title has been issued for goods, the seller’s lien or right of stoppage in
transitu may defeat the right of any purchaser for value in good faith to whom such document has been negotiated.
Which of the following is correct?
(a) Statements I and II are both true.
(b) Statements I and II are both false.
(c) Statement I is true; statement II is false.
(d) Statement I is false; statement II is true.

ART. 1536
Which statement is correct?
(a) The vendor is bound to deliver a thing sold whether or not the vendee loses the right to make use of the term as
provided in Article 1198.
(b) The vendor is bound to deliver a thing sold in case the vendee should lose the right to make use of the term as
provided in Article 1198.
(c) The vendor is not bound to deliver a thing sold whether or not the vendee loses the right to make use of the term
as provided in Article 1198.
(d) The vendor is not bound to deliver a thing sold in case the vendee should lose the right to make use of the term
as provided in Article 1198.

ART. 1537
The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were
upon what stage of the contract:
(a) the negotiation of the contract
(b) the perfection of the contract
(c) the negotiation of the contract
(d) the implementation of the contract

ART. 1538
In case of loss, deterioration or improvement before the delivery of the thing, who will be considered the debtor:
(a) bailee
(b) carrier
(c) vendee
(d) vendor
Señerez, Chelsea Heloise F.
ARTICLES 1539-1453

I. Multiple Choice
Write the letter corresponding the best answer before the number.
_____________1. (Art. 1539) If the sale of real estate should be made with a statement of its area, at the rate of
a certain price for a unit of measure or number and a part of the immovable is not of the quality specified in the
contract, the vendee may:
a. Choose between a proportional reduction of the price and reformation of the contract
b. Choose between a reduction of the price at the will of the vendee and rescission of the contract
c. Choose between a proportional reduction of the price and the rescission of the contract
d. Choose between a reduction of the price at the will of the vendee and reformation of the contract
_____________2. (Art. 1540) If there is ________________ in the immovable than that stated in the contract,
the vendee may accept the area included in the contract and reject the rest.
a. a greater area or number
b. an entirely different type of land mass
c. a different quality of land
d. an additional movable property
____________3. (Art. 1541) The provisions of the two preceding articles shall apply to ________
a. nonjudicial foreclosure sale
b. judicial sale
c. judicial foreclosure
d. nonjudicial and judicial foreclose
____________4. (Art. 1542) In the sale of real estate, made for a lump sum, if there be a greater or less area or
number than that stated in the contract what happens to the price?
a. increase in price
b. no increase or decrease of the price
c. decrease in price
d. increase or decrease proportionately to the addition/deduction of the area or number stated in the
contract
____________5. (Art 1543) The actions arising from Articles 1539 and 1542 shall prescribe in _____ counted
from the day of delivery.
a. Six years
b. Six business days
c. Sixty days
Six months
1544-1548-TABOTABO

Set B. Multiple Choice Question

1544
If the same thing which is immovable property should have been sold to different vendees and there is no
inscription, the ownership shall pertain to the person who in good faith was first _____.
a. to present the old title
b. to record it in Registry of Property
c. to record it in Registry of Deeds
d. to have taken in possession

1545
Where the obligation of either party to a contract of sale is subject to any condition which is not performed,
such party may refuse to proceed with the contract or he may waive performance of the condition. If the
other party has promised that the condition should happen or be performed, such first mentioned party may
also treat the nonperformance of the condition as a _______.
a. breach of contract
b. breach of promise
c. breach of warranty
d. breach of trust

1546
No affirmation of the value of the things, nor statement purporting to be a statement of the ____’s opinion
only, shall be construed as a warranty, unless the _____ made such affirmation or statement as an expert
and it was relied upon by the _____.
a. buyer, buyer, seller
b. seller, seller, buyer
c. seller, buyer, buyer
d. buyer, seller, buyer

1547
(1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the
ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful
possession of the thing;

(2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or
encumbrance not declared or known to the buyer.

a. Both statements are true

b. Both statements are false
c. Statement 1 is true and Statement 2 is false
d. Statement 1 is false and Statement 2 is true

1548
In warranty in case of eviction, the contracting parties may _____, _____, or _____ this legal obligation of
the vendor.
(1) increase, diminish, or suppress
(2) increase, not diminish or suppress

a. Both statements are true

b. Both statements are false
c. Statement 1 is true and Statement 2 is false
d. Statement 1 is false and Statement 2 is true
1549-1553-VALLADORES

SET B - MCQ
Art. 1549. STATEMENT A: Failure of the vendee to appeal does not relieve the vendor
from liability.
STATEMENT B: The vendee need not appeal from the decision in order that
the vendor may become liable for eviction.

a.) Both statements are false

b.) Both statements are true
c.) Only statement A is true
d.) Only statement B is true

Art. 1550. The vendor shall not be liable for eviction:

a.) When adverse possession had been commenced before the sale but the
prescriptive period is completed after the transfer.
b.) When adverse possession had been concluded before the sale but the
prescriptive period is completed after the transfer.
c.) When adverse possession had been commenced after the sale but the
prescriptive period is completed before the transfer
d.) When adverse possession had been commenced before the sale but the
prescriptive period is not completed after the transfer.
Art. 1551. Who is liable for eviction if the property is sold for nonpayment of taxes
due and not made known to the vendee before the sale?
a.) The judgment debtor
b.) The auctioneer
c.) The vendor
d.) The sheriff

Art. 1552. Who is also responsible for eviction in judicial sales, unless it is otherwise
decreed in the judgment.
a.) The judgment debtor
b.) The auctioneer
c.) The vendor
d.) The sheriff

Art. 1553. STATEMENT A: Any stipulation exempting the vendor from the obligation
to answer for eviction shall be void, if he acted in bad
faith.
STATEMENT B: Any stipulation exempting the vendor from the obligation to
answer for eviction may be valid, if he acted in good
faith.

a.) Only statement A is true

b.) Only statement B is true
 c.) Both statements are true
d.) Both statements are false

Alo, Reyniere M.
1554-1558-ALO

Set B. Multiple Choice Question

Art. 1554.
If the vendee has renounced the right to warranty in case of eviction, and eviction should take
place, the vendor shall only pay the value which the thing sold had at the time of the eviction.
Should the vendee have made the waiver ______________ of the risks of eviction and assumed
its consequences, the vendor shall not be liable.
A. With Consent
B. Without Consent
C. With Knowledge
D. Without Knowledge
Art. 1555
Under Art 155, All are the rights of the vendee to demand to the vendor in case of eviction
occurs, except:
A. The value of the thing sold had at the time of the eviction
B. The income or fruits
C. The moral and exemplary damages
D. The expenses of the contract
Art. 1556
Under Art 1556, what are the remedies of the vendee in case of Partial Eviction
A. Ratification and Rescission
B. Enforcement of Warranty and Rescission
C. Ratification and Annulment
D. Annulment and Rescission
Art. 1557.
The ______cannot be enforced until a final judgment has been rendered, whereby the vendee
loses the thing acquired or a part thereof.
A. Demand
B. Right
C. Waiver
D. Warranty
Art. 1558.
The vendor shall not obliged to make good the proper warranty, unless he is _______ in the suit
for eviction at the instance of the vendee.
A. Summoned
B. Required
C. Mandated
D. Obliged
 1559-1563-CARILLO
I. Multiple Choice
1. Art. 1559. The defendant vendee shall ask, within the time fixed in the ___________
for answering the complaint, that the vendor be made a co-defendant.

a) Civil Code
b) Rules on Criminal Procedure
c) Rules on Civil Procedure
d) Rules of court

2. In regards to the 1st paragraph of Art. 1560 of the Civil Code, what is the assumption
If the immovable sold should be encumbered with any non-apparent burden or
servitude, not mentioned in the agreement?

a. it must be presumed that the vendee would not have acquired it had he been aware
thereof, he may ask for the rescission of the contract
b. it must be presumed that the vendee would have acquired it had he been aware
thereof, he may ask for the enforcement of the contract
c. there must be no presumption and the law will leave both parties in pari de licto
d. it must be presumed that the vendee would not have acquired it had he been duly
notified by the vendor thereof; he may ask for the amendment of the contract.

3. Art. 1561. The vendor shall be responsible for warranty against the
____________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.
a. Patent Defects
b. Acquired Defects
c. Clear and Obvious Defects
d. Hidden defects

4. Art. 1562. In a sale of goods, there is _____________ or condition as to the quality or

fitness of the goods, as follows:
Where the buyer, expressly or by implication, makes known to the seller the
particular purpose for which the goods are acquired, and it appears that the buyer
relies on the seller's skill or judgment (whether he be the grower or manufacturer
or not), there is an implied warranty that the goods shall be reasonably fit for such
purpose;

Where the goods are brought by description from a seller who deals in goods of
that description (whether he be the grower or manufacturer or not), there is an
implied warranty that the goods shall be of merchantable quality.
 a. An Implied warranty
b. An Expressed warranty
c. A Presumed warranty
d. A Disputable warranty

5. Art. 1563. In the case of contract of sale of a specified article under its patent or other
trade name, there is ____________ as to its fitness for any particular purpose, unless
there is a stipulation to the contrary.
a. no warranty
b. an expressed warranty
c. an implied warranty
d. a disputable warranty

1564-1568-CURADA
Multiple Choice Questions:
1. The person responsible to the vendee for any hidden faults or defects in the thing sold,
even though he was not aware thereof.
a. Third person
b. Vendor
c. Lessor
d. Buyer
2. A kind of sale in which there is warranty of merchantability.
a. Sale of Goods
b. Sale of Property
c. Contract of Sale
d. Sale by Sample
3. The following are remedies of the vendee in case of hidden defects except:
a. Pay the price of the thing sold
b. Withdrawal
c. Proportionate Reduction
d. Rescission plus damages
4. The following are the obligations of the seller if he was aware if the thing should be lost
in consequence of the hidden faults except:
a. Bear the loss
b. Refund the expenses of the contract
c. Pay damages
d. Return the price and interest
5. It is deemed included in all contracts of sale whether parties are actually aware or not
aware or whether they were intended or not; by operation of law.
a. Price
b. Thing
c. Implied warranties
d. Payment
DELA TORRE, HARVEY, D.

1569-1573-DELA TORRE

Set B: Multiple Choice

Article 1569

A vendee may demand damages.:

a) If the thing sold had any hidden fault at the time of the sale.

b) If the thing sold at the time of the sale thereafter be lost by a fortuitous event.

c) If the thing sold at the time of the sale thereafter be lost through the fault of the
vendee.

d) If the vendor acted in bad faith.

Article 1570

The following shall be applicable to judicial sales, except:

a) If the thing sold had any hidden fault at the time of the sale, and should thereafter
be lost by a fortuitous event or through the fault of the vendee.

b) If the thing sold should be lost in consequence of the hidden faults, and the
vendor was aware of them.

c) If the buyer, expressly or by implication, makes known to the seller the particular
purpose for which the goods are acquired, and it appears that the buyer relies on
the seller's skill or judgment.

d) If the judgment debtor shall not be liable for damages.

Article 1571
Actions arising from the provisions of the preceding Articles Article 1561, 1562,
1563,1564,1565,1566,1567,1568,1569 and 1570 shall be barred after six months,
from:

a) At the time of sale.

b) At the time of negotiation.

c) At the time of delivery of the thing sold

d) If the time the thing is receive.

Article 1572

If two or more animals are sold together, whether for a lump sum or for a separate
price for each of them, the redhibitory defect of one shall only give rise to its
redhibition, and not that of the others; unless it should appear that the vendee would
not have purchased the sound animal or animals without the defective one.

The latter case shall be presumed except: When a team is bought, even if a separate
price has been fixed for each one of the animals composing the same.

a) When only one is bought, even if a separate price has been fixed for each one of
the animals composing the same.

b) When a yoke pair is bought, even if a separate price has been fixed for each one
of the animals composing the same.

c) When a set is bought, even if a separate price has been fixed for each one of the
animals composing the same.

d) when a team is bought, even if a separate price has been fixed for each one of the
animals composing the same

Article 1573

The provisions following provision with respect to the sale of animals shall in like
manner be applicable to the sale of other things. Except:
 a) When a team is bought, even if a separate price has been fixed for each one of
the animals composing the same

b) When only one is bought, even if a separate price has been fixed for each one
of the animals composing the same.

c) When a yoke pair is bought, even if a separate price has been fixed for each
one of the animals composing the same.

d) When a set is bought, even if a separate price has been fixed for each one of
the animals composing the same.

GARCIANO, GERALD W.

1574-1578-GARCIANO

SET B. Multiple choice.

Article 1574-

1. The following are circumstances, which the warranty against hidden defects of
the sale of animals are not applicable, except

a. animals with redhibitory defect

b. animals sold at fairs

c. animals at public auctions,

d. livestock sold as condemned.

Article 1575-

2. The following statements pertaining to the sale of animals are presented to

you:

I. The sale of animals suffering from contagious diseases shall be void.

 II. A contract of sale of animals shall also be void if the use or service for
which they are acquired has been stated in the contract, and they are
found to be unfit therefor.

In your evaluation of the foregoing statements:

a. Both statements are false.

b. Both statements are true.

c. Only statement I is true.

d. Only statement II is true.

Article 1576-

3. An animal defect that even professional inspection is not sufficient to discover

it.

a. genetic defect

b. microophthalmia defect

c. redhibitory defect

d. perosomus defect

Article 1577-

4. On September 5, Mr. GARCIANO bought two (2) carabaos from his friend,
which he intended to use in his farm. The same were delivered to him on
September 10. Later, on October 16, when he decided to use for the first time
these carabaos in his farm, he just found out that they were unfit for farming
because of a redhibitory defect. If you were the legal counsel, what would be
your advice.

a. Mr. Garciano can bring redhibitory action before the court, pursuant to
Article 1577 of the Civil Code, and which must be brought within forty
(40) days from the date of delivery.

b. Mr. Garciano can no longer bring an action redhibitory because the 40-day
period within which to bring such action has already elapsed, reckoned
from September 5 when the sale has perfected, until October 16, or more
than forty days.
 c. Mr. Garciano must bring an action to compel his friend on the ground that
he has the right against hidden defects.

d. Mr. Garciano no longer has the right to bring action because the sale has
been perfected and the carabaos have been delivered to him.

Article 1578-

5. The vendor shall be liable for the death of the animal sold when the following
requisites are present, except:

a. the disease existed at the time of sale.

b. the disease is the cause of the death of the animal.

c. the animal dies within three (3) days from the time of purchase.

d. the disease must be redhibitory.

Gubalane, Rafael B.
1579-1583-GUBALANE
I. Multiple Choice:

1. If the sale be rescinded, the vendee being answerable for any injury due to his
__________. (Art. 1579)
a. Redhibitory fault
b. Redhibitory defect
c. Negligence
d. Fraud

2. In the sale of animals with _________ defects, the vendee shall also enjoy the right
mentioned in Article 1567. (Art. 1580)

a. Genetic
b. Physical
c. Redhibitory
d. Birth

3. The form of sale of this large animal shall be governed by special laws. (Art. 1581)

a. Horses
b. Chickens
c. Cattles
d. Goats

4. If the time and place should not have been stipulated, where should the payment must
be made? ( Art. 1582)

a. At the time and place of the delivery of the thing sold

b. At the time and place where the thing is negotiated
c. At the time and place where the contract is perfected
d. At the time and place where there is meeting of the minds

5. Where the seller makes defective deliveries in respect of one or more installments, or
the buyer neglects or refuses without just cause to take delivery of or pay one or more
installments, the following are the circumstances and their respective remedies
EXCEPT. (Art. 1583)

a. Whether the breach of contract is so material as to justify the injured party in

refusing to proceed further.
b. Whether the breach of contract is so material as to justify the injured party in
suing for damages for breach of the entire contract.
c. Whether the breach is severable, giving rise to a claim for compensation.
d. Whether the breach is severable, giving a right to treat the whole contract as
broken.
LAPEZ, JOHN CLEFFORD R.
1584-1588-LAPEZ

SET B. Multiple Choice

Article 1584
Statement I: Where goods are delivered to the buyer, which he has not previously examined, he
is not deemed to have accepted them unless and until he has had a reasonable opportunity of
examining them for the purpose of ascertaining whether they are in conformity with the contract
if there is no stipulation to the contrary.
Statement II: Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he
is not bound on request, to afford the buyer a reasonable opportunity of examining the goods for
the purpose of ascertaining whether they are in conformity with the contract
a.) Statement I is true, Statement II is false
b.) Statement I is false, Statement II is true
c.) Both Statements are true
d.) Both Statements are false

Article 1585
Which of the following is not an action where the buyer is deemed to have accepted the goods
from the seller?
a.) When the buyer intimates to the seller that he accepted the goods
b.) When the goods are delivered to the buyer and the buyer does any act in relation to them
which is inconsistent with the ownership of the seller
c.) When after a lapse of reasonable time, the buyer retains the goods without intimating to
the seller that he has rejected them.
d.) When the buyer rejects the goods because what was delivered was less than what
was stated in the contract

Article 1586
Statement I: In the absence of express or implied agreement of the parties, acceptance of the
goods by the buyer shall discharge the seller from liability in damage or other legal remedy for
breach of any promise or warranty in the contract of sale.
Statement II: After acceptance of the goods, the buyer fails to give notice to the seller of the
breach in any promise of warranty within a reasonable time after the buyer knows, or ought to
know of such breach, the seller shall not be liable therefor.
a.) Statement I is true, Statement II is false
b.) Statement I is false, Statement II is true
c.) Both Statements are true
d.) Both Statements are false

Article 1587
Statement I: Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to
accept them, having the right so to do, he is bound to return them to the seller.
Statement II: If the buyer voluntarily constitutes himself as depositary thereof of the goods
delivered by the seller, he shall not be liable as such.
a.) Statement I is true, Statement II is false
b.) Statement I is false, Statement II is true
c.) Both Statements are true
d.) Both Statements are false

Article 1588
When the buyer’s refusal to accept the goods without just cause given that there are no
stipulation between the contracting parties with regard to the delivery of the goods, the title
thereto passes to him
a.) From the moment they are placed at his disposal
b.) When the seller exercise the right of possessory lien
c.) When the seller exercise the right of stoppage of goods in transit
d.) From the moment the seller disposes the goods to a buyer in good faith

Tauniño Jillandro G. Neri

1589-1593-NERI

Multiple Choice Question:

1. Select among the instances that the vendor may immediately sue for the rescission of the
sale
a. Should it have been stipulated in the contract.
b. Should the vendor have a reasonable grounds to believe that is shall be rescinded.
c. Should the vendor knew that the thing sold will be loss
d. Should the vendor have reasonable grounds to fear the loss of immovable property
sold and its price.

2. In such a sale of an immovable property, even though it may have been stipulated that
upon failure to pay the price at the time agreed upon failure to pay the price at the time
agreed upon the rescission of the contract shall of right take place, the vendee may pay,
even after the expiration of the period,_________
a. As long as no demand for rescission of the contract has been made upon him either
judicially or by a notarial act.
b. As long as no demand for rescission of the contract has been made upon the vendee
or the vendor.
c. As long as no demand for rescission of the contract has been made in a petition
addressing such issue.
d. As long as no demand for rescission has not been taken up.

3. All, except one, are instances that the vendee shall owe interest for the period between
the delivery of the thing and the payment of the price,
a. Should it have been so stipulated;
 b. Should the thing sold and delivered produce fruits or income;
c. Should the vendor have reasonable grounds to fear the loss of immovable proper sold
and its price;
d. Should he be in default, from the time of judicial or extrajudicial demand for the
payment of the price.

4. All, except one, are not the proper action of the vendee should he be disturbed in the
possession or ownership of the thing acquired, or should he have reasonable grounds to
fear such disturbance, by a vindicatory action or a foreclosure of mortgage.
a. He may suspend the payment of the price until the vendor has caused the disturbance
or danger to cease.
b. He may suspend the payment of the price in any other way around.
c. He shall suspend the payment of the price until the vendor has caused the disturbance
or danger to cease.
d. He shall suspend the payment of the price in any other way around.

5. With respect to immovable property, all except one, are not the proper consequence if the
vendee, upon the expiration of the period fixed for the delivery of the thing, should not
have appeared to receive it, or having appeared, he should not have tendered the price at
the same time.
a. The rescission of the sale shall of right take place in the interest of the vendor.
b. The rescission of the sale shall of right take place not in the interest of the vendor.
c. The rescission of the sale may of right take place in the interest of the vendor.
d. The rescission of the sale may of right take place not in the interest of the vendor.
1594-1598-OUANO

Set B. Multiple Choice Question

1594
An Action for breach of the contract of sale of goods shall be governed particularly by the
provisions on _______.

a. ACTIONS FOR BREACH OF CONTRACT OF SALE OF GOODS

b. ACTIONS FOR BREACH OF CONTRACT OF SALE OF SPECIFIC GOODS
c. ACTIONS FOR BREACH OF CONTRACT TO SELL OF GOODS
d. ACTIONS FOR BREACH OF WARRANTY OF GOODS

1595
Goods having been sold or delivered to the buyer, and the buyer refuses to pay the price,
the seller may _____.

a. may treat the goods as the buyer’s and may maintain an action for the price
b. maintain an action against the buyer for the price of the goods.
c. maintain an action for damages.
d. automatically rescind the contract.

1596

Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller
may maintain an action against him for damages for nonacceptance. The measure of
damages is the _____ from the buyer’s breach of contract.

a. estimated loss directly and naturally resulting in the ordinary course of events
b. actual loss directly and naturally resulting in the ordinary course of events
c. fair market value of the goods in the ordinary course of events
d. selling price of the goods in the ordinary course of events

1597
Which of the following statements are true in regards as to when the seller may
totally rescind the contract of sale?

Statement 1: Where the goods have not been delivered to the buyer, and the buyer has
repudiated the contract of sale, or has manifested his inability to perform his
obligations thereunder, or has committed a breach thereof, the seller may totally
rescind the contract of sale by giving notice of his election so to do to the buyer.

Statement 2: Where the goods have not been delivered to the buyer, and the buyer has
repudiated the contract of sale, or has manifested his inability to perform his
obligations thereunder, or has committed a breach thereof, the seller may totally
rescind the contract of sale without giving notice of his election so to do to the
buyer.

a. Both statements are true

b. Both statements are false
c. Statement 1 is true and Statement 2 is false
d. Statement 1 is false and Statement 2 is true

1598
Where the seller has broken a contract to deliver specific or ascertained goods, a court
may, on the application of the buyer, __________.

a. direct that the contract shall be performed specifically, without giving the seller the
option of retaining the goods on payment of damages. The judgment or decree may be
unconditional, or upon such terms and conditions as to damages, payment of the price
and otherwise, as the court may deem just.

b. direct that the contract shall be performed specifically, giving the seller the option of
retaining the goods on payment of damages. The judgment or decree may be
unconditional, or upon such terms and conditions as to damages, payment of the price
and otherwise, as the court may deem just.

c. direct that the contract shall be performed specifically, giving the seller the option of
retaining the goods without payment of damages. The judgment or decree may be
unconditional, or upon such terms and conditions as to damages, payment of the price
and otherwise, as the court may deem just.

d. direct that the contract shall be performed specifically, without giving the seller the
option of retaining the goods without payment of damages. The judgment or decree
may be unconditional, or upon such terms and conditions as to damages, payment of
the price and otherwise, as the court may deem just.
RAMIREZ, GERALD S.
1599-1603-RAMIREZ

II. Multiple Choice

ART. 1599
1. The following are the remedies allowed to the buyer when the seller has been guilty of a
breach of promise or warranty, except one:
(a) ask for specific performance with right to be indemnified for the damages of breach of
warranty
(b) accept the goods and maintain an action for damages for the breach of the warranty
(c) refuse to accept the goods and maintain an action for damages for the breach of the warranty
(d) rescind the contract of sale by returning or offering the return of the goods, and recover the
price or any part thereof which has been paid.
ART. 1600
2. The following are the causes of extinguishment of the contract of sale, except one;
(a) Annulment
(b) Reservation
(c) Rescission
(d) Redemption
ART. 1601
3. Is the right which the vendor reserves to himself, to reacquire the property sold provided he
returns to the vendee the price of the sale, the expenses of the contract, any other legitimate
payments made therefor and the necessary and useful expenses made on the thing sold and fulfils
other stipulations which may have been agreed upon.
(a) Equitable redemption
(b) Legal redemption
(c) Conventional redemption
(d) Contract of sale redemption
ART. 1602
4. Is one which lacks the proper formalities, form or words, or other requisites prescribed by law,
but shows the intention of the parties to make the property subject of the contract as security for
a debt and contains nothing impossible or contrary to law.
(a) Pacto de retro
(b) Real Estate Mortgage
(c) Chattel Mortgage
(d) Equitable Mortgage
ART. 1603
5. The following are the circumstances which when present is sufficient to give rise to the
presumption that a contract, regardless of its nomenclature, is an equitable mortgage, except one;
(a) When the price of the sale is unusually inadequate
(b) When period of redemption is extended after expiration
(c) When the parties really intended an equitable mortgage
(d) When the buyer is given the right to repurchase the thing sold
Sala, Ivan Belle
1604-1608-SALA

Set B. MCQ.

Article 1604.

The provisions of Article 1602 shall also apply to:

A. Conditional sale
B. Absolute sale
C. Equitable mortgage
D. Pacto de retro sale

Article 1605.

The vendor, in cases under Articles 1602 and 1604,may ask for?

A. Annulment of the contact

B. Rescission of the sale
C. Compel payment plus damages against the vendee
D. Reformation of the instrument

Article 1606.

Statement 1: The right referred to in Article 1601, in the absence of an stipulation, shall
last four years from the date of the contract.

Statement 2: Should there be an agreement, the period cannot exceed then years.

Statement 3: However, the vendor may still exercise the right to repurchase within thirty
days from the judgment was rendered in a civil action on the basis that the contract was a
true sale

A. Statement 1 is wrong, Statement 2 is correct, Statement 3 is wrong

B. Statement 1 is wrong, Statement 2 is correct, Statement 3 is correct
C. Statement 1 is correct, Statement 2 is correct, Statement 3 is correct
D. Statement 1 is correct, Statement 2 is correct, Statement 3 is wrong
Article 1607.

The consolidation of ownership of a property by the vendee by virtue of failure of the

vendor to comply with the provisions of article 1616 shall not be recorded in the Registry
of Property without a judicial order, after the vendor has been duly heard. The “property”
referred to is?

A. Generic thing, which is the property subject of the sale, the law does not
distinguish what kind of property it should be recorded
B. Personal property because in Article 1616 the vendor has to return thing which
Article 1607 refers to
C. Specific thing because this is a contract of sale. The property subject of the sale
must be specific under the Civil Code
D. Real Property because the law speaks of record in the Registry of Property
without judicial order

Article 1608.

Statement 1: The vendor may bring his action against every possessor whose right is
derived from the sale.

Statement 2: Even if the contract has no mention should have been made of the right to
repurchase.

Statement 3: Without prejudice to the provisions of the Mortgage Law and the Land
Registration Law with respect to third persons.

A. Stetement 1 is correct, Statement 2 is correct, Statement 3 is wrong

B. Statement 1 is wrong, Statement 2 is wrong, Statement 3 is correct
C. Statement 1is wrong, Statement 2 is correct, Statement 3is correct
D. Statement 1 is correct, Statement 2 is wrong, Statement 3 is wrong
John Henry D. Seno
1609-1613-SENO

SET B (MULTIPLE CHOICE)

_____ 1.) The vendee is subrogated to the vendor's _____________. (Art. 1609)

a. specific performance
b. obligations
c. rights and actions
d. terms and conditions

_____ 2.) When can the creditors of the vendor not make use of the right of redemption against
the vendee? (Art. 1610)

a. until before they have exhausted the property of the vendor

b. the property of the vendor was lost due to a fortuitous event
c. until after they have exhausted the property of the vendor
d. at the time they have exhausted the property of the vendor

______3.) In a sale with a right to repurchase, the vendee of a part of an undivided immovable
who acquires the whole thereof in the case of article 498, ______________, if the latter wishes to
make use of the right of redemption. (Art. 1611)

a. shall demand the vendor to redeem the whole property

b. must authorize the vendor to redeem the whole property
c. may compel the vendor to redeem the whole property
d. should grant the vendor to redeem the whole property

______4.) Statement I: If several persons, jointly and in the same contract, should sell an
undivided immovable with a right of repurchase, none of them may exercise this right for more
than his respective share.
Statement II: The same rule shall apply if the person who sold an immovable alone has left
several heirs, in which case each of the latter may only redeem the part which he may have
acquired. (Art.1612)
a. Statement 1 is incorrect; Statement II is correct.
b. Statement 1 is correct; Statement II is incorrect.
 c. Both statements are correct
d. Both statements are incorrect.

______5.) The vendee may demand of all the vendors or co-heirs that they come to an agreement
upon the purchase of the whole thing sold; and should they fail to do so, what happens? (Art.
1613)

a. the vendee can be compelled to consent to a partial redemption

b. the vendee shall be compelled to consent to a partial redemption
c. the vendee cannot be compelled to consent to a partial redemption
d. the vendee shall not be compelled to consent to a partial redemption

1614-1618-TALABOC
MULTIPLE CHOICE

ARTICLE 1614
A, B, and C are the co-owners of an undivided house. A sold with right to repurchase his share to
X. Later, X acquires B’s and C’s rights. Now A wants to redeem his share. X refuses and asks A
to redeem the whole property. Is A allowed to redeem only his share?
A. Yes, since in this case, the selling had been made separately.
B. No, because A, B & C are co-owners of an undivided house.
C. No, because X refuses and ask A to redeem the whole property.
D. Yes, at any time the seller can redeem his share.

ARTICLE 1615
A sold a piece of land to B with pacto de retro. B dies leaving C,D and E as heirs. The
inheritance has already been divided and the land sold has been awarded to C. A brought an
action for redemption against C. Can C be compelled to resell the whole property?
A. No, because the law clearly states that the action for redemption cannot be brought against
each of them.
B. No, because C is only responsible for his own share whether the thing be undivided or has
been partitioned.
C. Yes, because the the vendee may demand of all the vendors or co-heirs that they come to an
agreement upon the repurchase of the whole thing sold.
D. Yes, because the law states that if the inheritance has been divided and the thing sold had been
awarded to one of the heirs, the action for redemption may be instituted against him for the
whole.

ARTICLE 1616
The vendor, to avail himself of the right to repurchase, must return to the vendee the following in
addition to the price of the sale, except.
A.. Expenses of the contract and any other legitimate payments made by reason of the sale
B. The thing which is the object of the contract of sale.
C. The necessary expenses made on the thing sold
D. The useful expenses made on the thing sold

ARTICLE 1617
1st Statement: If at the time of the execution of the sale there should be on the land, visible or
growing fruits, there shall be reimbursement for or prorating of those existing at the time of
redemption, if no indemnity was paid by the purchaser when the sale was executed.
2nd Statement: Should there have been no fruits at the time of the sale, and some exist at the time
of redemption, they shall be prorated between the redemptioner and the vendee, giving the latter
the part corresponding to the time he possessed the land in the last year, counted from the
anniversary of the date of the sale
A. 1st Statement is true, 2nd Statement is true
B. 1st Statement is true, 2nd Statement is false
C. 1st Statement is false, 2nd Statement is true.
D. 1st Statement is false, 2nd Statement is false

ARTICLE 1618
Which is a correct exception to the general rule that the vendor who recovers the thing sold shall
receive it free from all charges or mortgages constututed to by the vendee?
A. The vendor shall not respect the leases which the latter may have executed in good faith.
B. The vendor shall respect the leases which the latter may have executed in bad faith.
C. The vendor shall respect the leases which the latter may have executed in good faith.
D. The vendor shall respect the leases in accordance with the custom of the place where the land
is not situated.
1619-1623- TIEMPO, CHRISTIAN PHILIP A.

MCQ
(1)
Art. 1619. Legal redemption takes place in the following instances, except:
A.) Purchase
B.) Dation in payment
C.) Barter
D.) Any other transfer of ownsership by onerous title

(2)
Art. 1620. A co-owner of a thing may exercise the right of redemption in case the shares of
all the other co-owners or of any of them, are sold to a:
A.) Co-owner
B.) Third person
C.) Owner
D.) An Owner Himself

(3)
Art. 1621. The owners of adjoining lands shall also have the right of redemption when a
piece of rural land, the area of which does not exceed:
A.) One hectare
B.) Two hectares
C.) Three hectares
D.) Four hectares

(4)
Art. 1622. Whenever a piece of urban land which is so small and so situated that a major
portion thereof cannot be used for any practical purpose within a reasonable time, having
been bought merely for speculation, is about to be re-sold, the owner of any adjoining land
has a right of:
A.) Right of rescission at a reasonable price.
B.) Right of redemption at a reasonable price.
C.) Right of pre-emption at a reasonable price.
D.) Right of consummation at a reasonable price.

(5)
Art. 1623. The right of legal pre-emption or redemption shall not be exercised except within:
A.) Twenty days from the notice in writing by the prospective vendor, or by the vendor, as the
case may be.
B.) Thirty days from the notice in writing by the prospective vendor, or by the vendor, as the
case may be.
C.) Fourty days from the notice in writing by the prospective vendor, or by the vendor, as the
case may be.
D.) Fifty days from the notice in writing by the prospective vendor, or by the vendor, as the
case may be.