Wayground logo

Free Printable Worksheets

Font size

S
M
L
XL
Worksheets

REGBUS CREDIT TRANSACTIONS

Total questions: 102

Worksheet time: 51mins

Name
Class
Date
1.

Xia borrowed phone from Aamon and promise to return it after 1 week. Aamon agreed and allowed Xia to use his phone, What contract is created?

a)

Contract of pledge

b)

. Contract of loan

c)

Contract of commodatum

d)

Contract of mutuum

2.

Itachi borrows money to Izumi and promise to pay it. What type of transaction does Itachi and Izumi entered?

a)

Unsecured Transaction

b)

Business Transaction

c)

Secured Transaction

d)

Sales Transaction

3.

Dame borrowed sewing machine from Morte. After that, Dame pay for the expenses of sewing kit that she can use for sewing. She also pay for the expenses of repairing the presser foot of the machine to prevent damage of the machine due to its obsolescence. Which expenses can Dame demand Morte for refund?

a)

Expenses of repairing presser foot

b)

Expenses of sewing kit

c)

Both A and B

d)

None of the above

4.

All of the following are examples of mutuum, except.

a)

Ajax borrowed 5,000 from Syclla, after 1 week Ajax return the same amount of money borrowed to syclla.

b)

Kagura borrowed rice from Haya for the purpose of exhibition

c)

Scarlet borrowed rice from Haya for the purpose of consumption

d)

Ashee borrowed 1 kg of Spaghetti Pasta from Eduardo. After that, Ashee return 1 kg Spaghetti Pasta to Eduardo with the same kind,quality and quantity.

5.

. The following rights belong to an antichretic creditor, except;

a)

The right to retain the thing until the debt is paid

b)

The right to have the thing sold upon nonpayment at maturity.

c)

. The right to apply the payment of interest.

d)

The right to have the fruit of the thing.

6.

Which of the following statement is true, regarding to the right and obligation when the contract is antichresis?

a)

The obligation to pay totally what he owes the creditor

b)

The right to the expense necessary for preservation and repair.

c)

The right for charges and obligation to pay taxes.

d)

The right to apply all the fruits with the obligation to apply for the payment of interest

e)

Both A and B

7.

It is the fruits at the time of the application thereof the interest and principal shall be the measure of such application.

a)

Antichresis

b)

Real Mortgage

c)

Pledge

d)

Actual Market Value

8.

It is where the person binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so.

a)

Contract

b)

Excussion

c)

Guaranty

d)

Exhaustion

9.

Which of the following Article asserted that, guarantor is someone that guaranty or agrees to pay, if you fail to do so?

a)

Article 1237

b)

Article 2050

c)

Article 2047

d)

Article 123

10.

By the contract of Antichresis, what specific right/s that a creditor could acquire from his debtor?

a)

The right to specific performance

b)

The right to reimburse

c)

The right to receive the fruit of an immovable thing

d)

All of the above choices stated

11.

The guarantor who pays for a debtor must be indemnified by the latter. The indemnity comprises of (except)

I. Total amount of surplus

II. Legal interests thereon from the time the payment was made known to the creditor

III. Expenses incurred by the guarantor before having notified the debtor

IV. Damages, if not due

a)

. I, I

b)

II, III

c)

III, IV

d)

III, IV

e)

I, II, III and IV

12.

12. If any of the guarantors should be insolvent, his share shall be borne by?

a)

The other guarantor

b)

The payee

c)

The payor

d)

A and B

e)

B and C

13.

. A _______ is an insurer's or bank's separate, abstract own commitment that is apart from the main obligation.

a)

Deposit

b)

Suretyship

c)

Guaranty

d)

Loan

e)

Antichresis

14.

Which of the following statements handed down a factual information?

Statement 1 The creditor acquires the right to receive the fruits of an immovable of his debtor with the obligation to apply them to the payment of the debtor's debt.

Statement 2 Antichresis as to property involved personal property.

a)

statement 1 is correct

b)

statement 2 is correct

c)

Both statements are correct

d)

. Both statements are incorrect

15.

In the contract of Antichresis, the creditor does not acquire, what kind of ownership for non-payment of the debt within the period agreed upon?

a)

Movable

b)

Fruits

c)

Real-estate

d)

Usufruct

16.

6. If the creditor, unless there is stipulation to the contrary, is obliged to pay the taxes and charges upon the estate. Also, the creditor..

a)

. Is bound to pay any damages caused by the third person

b)

. Is bound to pay any damages without the latter's fault.

c)

Bound to bear the expenses not necessary for its preservation and repair

d)

Bound to bear the expenses necessary for its preservation and repair

17.

Which of the following statements is/ are true?

I. A mortgage on the land includes only present houses thereon, unless the houses are exempted by express stipulation.

II. A stipulation forbidding the owner from alienating the immovable mortgaged shall be valid.

a)

. Both statements are true

b)

Only statement I is true

c)

Both statements are false

d)

Only statement II is true

18.

Which of the following statements is/are true?

I. Only the mortgagee can foreclose the mortgage.

II. The foreclosure of a mortgage before a mortgagor's default is void.

III. Judicial Foreclosure is when a mortgagee is given a special power of attorney to sell the mortgaged property by public auction.

a)

Statement I and II are true

b)

Only statement II is true

c)

. Only statement III is true

d)

All of them are false

19.

Which of the following statements is/are true?

I. Chattel Mortgage is constituted on immovable.

II. In the absence of an affidavit of Good Faith, the chattel mortgage is still valid as between the parties.

III. Real mortgage is constituted on movable.

IV. Delivery is an essential element of the contract in Chattel Mortgage.

V. Both Real and Chattel Mortgage cannot guarantee future obligations.

a)

Statements I, II and III are true.

b)

All statements are true

c)

Only statement IV is true.

d)

Only Statement II is true.

e)

Statements II, IV and V are true.

20.

Which of the following statements is/are true?

I. The creditor-mortgagee may maintain an action for deficiency as the chattel mortgage is only given as a security and not as payment for the debt in case of failure of payment.

II. Where the chattel mortgage is constituted as security for purchase of personal property payable on installments. In this case, there is no deficiency judgment and any contrary stipulation is void.

a)

Only statement I is true.

b)

Both statements are true

c)

Only statement II is true

d)

Both statements are false.

21.

The following are registration agencies for mortgage so as to bind third persons, except:

a)

. Bureau of Lands

b)

Land Transportation Office

c)

Registry of Deeds

d)

Office of the Coast Guard

22.

Which of the subsequent acts is deemed an offense involving mortgage under Article 319 of the Revised Penal Code?

a)

Knowingly removing property mortgaged to any province or city apart from the one in which it absolutely was located at the time of the execution of the mortgage with the written consent of the mortgagee, or his executors, administrators or assigns.

b)

Selling or pledging holding already mortgaged or any part thereof, under the terms of the mortgage Law without the consent of the mortgagee written on the rear of the mortgage and duly recorded within the Register of Deeds of the province where such property is located

c)

Knowingly removing property mortgaged to any province or city aside from the one in which it absolutely was located at the time of the execution of the mortgage.

d)

Selling or pledging holding already mortgaged or any part thereof, under the terms of the mortgage Law without the consent of the mortgagor written on the rear of the mortgage and duly recorded within the Register of Deeds of the province where such property is located

23.

. Is a contract whereby the debtor secures to the creditor the fulfillment of a principal obligation, specially subjecting to such immovable property or real rights over immovable property which obligation shall be satisfied with the proceeds of the sale of said property or rights just in case the said obligation is not complied with at the time stipulated.

a)

Chattel Mortgage

b)

Antichresis

c)

Pledge

d)

Real Mortgage

e)

None of the above

24.

Statement 1 A real estate mortgage constituted on immovable property is not limited to the property itself but also extends to all its accession, improvements, growing fruits, rents or income.

Statement 2 Stipulations in a contract of mortgage forbidding the mortgagor from alienating the mortgaged property is valid.

a)

Statement 1 is true

b)

Statement 2 is true

c)

Both statements are true

d)

Both statements are false

25.

Which of the following is correct regarding chattel mortgage?

a)

Delivery is an essential element of the contract.

b)

It guarantee future obligation

c)

. In case of foreclosure, no amount will go to the debtor.

d)

In case of foreclosure, the excess of the amount due goes to the debtor.

26.

What is the difference between guaranty and suretyship?

a)

The difference between a guaranty and suretyship is that obligations in guaranties are secondary or has subsidiary liability. While in suretyship, obligations are primary and may be primarily liable

b)

According to Article 2046, the guarantor ensures the solvency of the principal debtor while the surety insures the debt.

c)

When the contract is guaranty, the provisions of the Civil Code on solidary obligations shall be void.

27.

JV signed a loan agreement with ABC Bank. To secure payment, JV requested to his girlfriend Fham to execute a document entitled “CONTINUING GUARANTY AGREEMENT” whereby she expressly agreed to be solidarily liable for the obligation of JV. Can ABC Bank proceed directly against Fham upon JV’s default even without proceeding against JV first?

a)

No ABC bank may not proceed direct against Fham.

b)

Yes, ABC Bank may proceed direct against Fham, upon JV’s default even without proceeding against JV first because Fham is a surety after she bind herself solidarily with the principal debtor.

c)

It depends on the situation.

28.

A contract of antichresis is always

a)

a written contract

b)

a contract with a stipulation that the debt will be paid through receipt of the fruits of an immovable

c)

involves the payment of interests, if owing

d)

all of the above

29.

Belinda owns a vast mango plantation which she can no longer properly manage due to a lingering illness. Since she is indebted to RJ in the amount if Php.50,000 she asks RJ to manage the plantation and apply the harvest to the payment of her obligation to him, principal and interest until her indebtedness shall have been fully paid. RJ agrees. What kind of contact is entered into between Belinda and RJ?

a)

Contract of Suretyship

b)

Contract of Guaranty

c)

Contract of Antichresis

30.

Based on the given situation above about Belinda and RJ, Does the law require any specific form for the validity of their contract?

a)

Yes

b)

No

c)

Maybe

31.

.In line with the characteristics of a contract of antichresis, which of the following is not part of it?

a)

consensual

b)

consensual

c)

formal

d)

donation

32.

The person who pays for another acquires not only the rights to be reimbursed for what he has paid but also the other rights attached to the obligation contracted by the debtor. This information refers to?

a)

Right of the guarantor to preservation

b)

Right of the guarantor to subrogation

c)

Right of the guarantor to consummation

d)

Right of the guarantor to excussion

33.

Alicia Keys borrowed the cat from John Mayer with the promise of returning the same 8 days after. However, John did not return the cat in time. Unfortunately, the cat was hit by a car.

a)

John shall not be liable for the lost because the loss is due to fortuitous event.

b)

Alicia shall be liable because it is her cat

c)

John shall be liable for the lost because he failed to return the borrowed cat in time

d)

None of the above.

34.

Doja borrowed the furniture from Ariana. Ariana delivers her furniture to Doja so that Doja may use the same for a certain time and return it. This is:

a)

. loan

b)

Commodatum

c)

mutuum

d)

Precarium

35.

Calvin borrowed P15,000 from Kiyo, Calvin promised to pay Kiyo by the end of the month from his monthly salary. This transaction is an example of;

a)

pledge

b)

chattel mortgage

c)

unsecured transactions

d)

secured transactions

36.

Arthur borrowed a broken phone from Nerry. Nerry knows the flaws of the thing loaned but does not advise Arthur. Who shall be liable for the damages?

a)

Nerry

b)

Arthur

c)

Arthur Nerry

d)

Arthur and Nerry

37.

A gave her ring to B, her sister before she goes to Tondo, Manila for the purpose of keeping it until she comes back. What contract is perfected?

a)

Contract of pledge

b)

Contract of deposit

c)

Contract of antichresis

d)

Contract of mortgage

38.

A and B entered into a contract of deposit, A agreed to deliver her necklace to B on her birthday for safekeeping it in one week. Is the contract of deposit perfected?

a)

Yes, because the purpose is safekeeping.

b)

Yes, because there is a meeting of minds between the parties.

c)

No, it will only be perfected on her birthday, when she delivers the thing.

d)

. No, it will only be perfected until B returns the thing to A.

39.

The house of A was ordered by the court to be deposited in the court because of his pending civil case. In case he will be found guilty of the charge against him, his car may be sold in the public auction and the proceeds shall answer for the damages. What kind of contract of deposit was perfected?

a)

Extrajudicial Deposit

b)

Voluntary Deposit

c)

Necessary Deposit

d)

Judicial Deposit

40.

What is the principal purpose of the contract of deposit?

a)

Consumption

b)

Safekeeping

c)

Both a and b

d)

Neither a nor b

41.

Eloisa went to the bank to deposit a money amounting P30,000. Eloisa is not the owner of the account and she is not entitled to any transfer of ownership. What kind of deposit does this situation shows?

a)

Extrajudicial Deposit

b)

Judicial Deposit

c)

Voluntary Deposit

d)

Necessary Deposit

42.

Which of the following statements is correct as to the binding effect of the deposit?

a)

A deposit is a real contract, and is, therefore perfected only upon the delivery of the object of the contract

b)

Where there has been no delivery, there is merely an agreement to deposit which is binding and unenforceable upon the parties.

c)

A contract of future deposit is consensual.

d)

A deposit may be created by virtue of a court order or by law and not by the will of parties

43.

X, a minor, accepted a deposit to Y. In this case, Y shall only have action to recover the thing deposited while it is still in possession of X. If X sold it to Z and latter is in bad faith.

a)

Y may bring an action against Z for its recovery

b)

Y can compel to X to pay her the price he received from Z

c)

X isn't liable to pay Y because he is a minor

d)

The contract of deposit is void

44.

Kind of deposit wherein the action is to be brought in the court.

a)

Judicial Deposit

b)

Extrajudicial Deposit

c)

Both a and b

d)

None of the above.

45.

A deposited his money to C, with A's permission to use it will result in its consumption and convert the contract into a mutuum. However, both A and C agreed that the principal purpose of the contract is still the safekeeping. Is the contract valid?

a)

Yes, because there is a meeting of minds between the parties

b)

No, it will only be valid if the deposit is not money.

c)

Yes, because the principal purpose is safekeeping.

d)

No, the contract is void.

46.

Sia entered into a contract with Purr and deposited her ring for money. Without the permission of Sia, Purr used the ring to attend a party and later on lost it.

a)

Sia may bring an action against Purr for its recovery.

b)

Sia can compel Purr to pay her the price of the thing lost plus damages.

c)

The contract of deposit is gratuitous

d)

Purr isn't liable to pay Sia because the ring was lost due to a fortuitous event.

47.

A deposited a laptop with B, a minor who sold it to C. And C acted in good faith.

a)

A may recover the laptop from C.

b)

A's only recourse is against B to compel him to return the price received for the laptop or the amount by which he may have benefited himself.

c)

A and B can compel to C to recover the laptop

d)

. None of the above

48.

Which of the following is incorrect?

a)

A deposit is constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of returning the same. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is deposit but some other contract.

b)

An agreement to constitute a deposit is binding, but the deposit itself is not perfected until the delivery of the thing

c)

A deposit may be constituted judicially or extrajudicially

d)

A deposit is a gratuitous contract, except when there is an agreement to the contrary, or unless the depositary is engaged in the business of storing goods.

49.

Which of the following is incorrect?

a)

It shall be unlawful for any official or employee of a banking institution to disclose to any person other than those mentioned in Section two hereof any information concerning said deposits.

b)

All Acts or parts of Acts, Special Charters, Executive Orders, Rules and Regulations which are inconsistent with the provisions of this Act are hereby repealed.

c)

Any violation of this law will subject offender upon conviction, to an imprisonment of not more than five years or a fine of not more than twenty thousand pesos or both, in the discretion of the court.

d)

This Act shall take effect upon its approval.

e)

All of them are correct.

50.

Which of the following statements is true?

Statement 1: In extrajudicial deposit, movable and immovable property can be the subject matter of the deposit.

Statement 2: in judicial deposit, only movable or personal property may be the object of the contract of deposit.

a)

Both statements are true

b)

Both statements are false

c)

Only statement 1 is true

d)

Only statement 2 is true

51.

Which of the following are correct regarding the responsibilities of the keepers as depositaries in hotels or inns:

I. The hotel-keeper has a right to retain the things brought into the hotel by the guest, as a security for credits on account of lodging, and supplies usually furnished to hotel guests.

II. The hotel-keeper is liable for the articles, but not to the vehicles and animals which have been introduced or placed in the annexes of the hotel.

III. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel.

IV. The hotel-keeper cannot free him from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest.

a)

Statements I and lll only

b)

Statements II and lV only

c)

Statements l, II and lll only.

d)

. Statements l, lll and lV only.

e)

Statements I, II, III and lV

52.

Which of the ff statements is/are incorrect?

I. In mutuum, the purpose is safekeeping while in deposit, the purpose is consumption.

II. In mutuum, the lender may demand the return of the thing until the expiration of the period while in deposit, the depositor cannot demand the return of the thing at will or anytime

. III. In mutuum, both movable and immovable properties may be the object of the contract while in deposit, only money and other fungible thing may be the subject matter.

a)

Statements I and II

b)

Statements II and III

c)

Statements I, II and III

d)

None of the choices are incorrect

53.

Which of the ff statement is/ are true about subject matter of deposit?

I. In judicial deposit both movable and immovable property can be the subject matter of the deposit.

II. The contract of deposit includes incorporeal or intangible properties, such as rights and actions as subject matter

III. In judicial deposit, only movable or personal property may be the object of the contract of deposit.

a)

Statement I only

b)

Statement II only

c)

Statement III only

d)

Statements I, II and III

54.

Which of the following statements is true?

Statement 1: Two or more persons claiming to be entitled to a thing may deposit the same with a third person who assumes the obligation to deliver to the one to whom it belongs.

Statement 2: The action to compel the depositors to settle their conflicting claims among themselves would be in the nature of an interpleader.

a)

Both statements are true.

b)

Both statements are false.

c)

Only statement 1 is true.

d)

Only statement 2 is true.

55.

When it becomes necessary to open a locked box or receptacle, the depositary is presumed authorized to do so, if the key has been delivered to him; or when the instructions of the depositor as regards the deposit can be executed without opening the box or receptacle.

a)

TRUE

b)

FALSE

56.

Deposit may be created by virtue of a court order or by law and not by the will of the parties

a)

TRUE

b)

FALSE

57.

The bailee is liable for the loss of the thing, even if it should be through a fortuitous event. Which of the following is not included?

a)

If he devotes the thing to any purpose different from that for which it has been loaned;

b)

If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted;

c)

If the use of the thing is merely tolerated by the owner.

d)

If he lends or leases the thing to a third person, who is not a member of his household;

58.

8. Statement 1: The bailee in commodatum acquires the use of the thing loaned but not its fruits; if any compensation is to be paid by him who acquires the use, the contract ceases to be a commodatum.

Statement 2: Movable or immovable property may not be the object of commodatum.

a)

Both statements are true

b)

Both statements are false

c)

Only Statement 1 is true

d)

Only Statement 2 is true

59.

Commodatum is purely personal in character. Consequently: which is out of part?

a)

The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned

b)

The death of either the bailor or the bailee extinguishes the contract;

c)

The bailee can neither lend nor lease the object of the contract to a third person. However, the members of the bailee’s household may make use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use. (n)

d)

All of the following are included.

60.

THING PLEDGED OR MORTGAGED MAY BE ALIENATED.

Statement 1: Not necessarily implied as an inherent element of the transaction of the mortgage or pledge.

Statement 2: The only remedy for the pledgee is to have the security given sold at private auction and the proceeds of the sale be applied to the payment of the obligation secured by the mortgage or pledge

a)

Both statements are true

b)

Both statements are false

c)

Only Statement 1 is true

d)

Only Statement 2 is true

61.

All of the following are properties subject to chattel mortgage, except?

a)

Shares of stock in corporation

b)

Interest in the business

c)

Machinery vessel

d)

Motor vehicles

e)

All of the above

62.

Which of the following statements is CORRECT?

Statement 1: Real mortgage is constituted on immovable.

Statement 2: In real mortgage, delivery is not required.

Statement 3: Real mortgage is valid against third persons unless it is registered.

a)

Statement 1 and 3 are correct.

b)

All statements are correct.

c)

All statements are correct.

d)

All statements are incorrect.

63.

A remedy available to the mortgage which he subjects the mortgage property to the satisfaction of the obligation.

a)

Jurisprudence

b)

Government Grants

c)

Right of redemption

d)

Foreclosure

64.

These are the venue of Registration except?

a)

If he resides in the Philippines

b)

If he does not reside in the Philippines

c)

If the property is situated in the province different from that is which the mortgagor resides.

d)

If the property is situated outside the Philippines different from that is which the mortgagor resides.

65.

. Statement 1: By a chattel mortgage, personal property is recorded in the Chattel Mortgage register as a security for the performance of an obligation.

Statement 2: The registration of the Chattel mortgage is an effective and binding notice to other creditors of its existence and creates a real right or lien which, being recorded, follows the chattel wherever it goes.

a)

Only first Statement is true.

b)

Both statements are false.

c)

Both statements are true

d)

Only second Statement is true.

66.

In case of foreclosure, the creditor is not entitled to recover deficiency notwithstanding any stipulation to the contrary

a)

Pledge

b)

Mortgage

c)

Antichresis

d)

Good Faith

67.

Severally swear that the mortgage is made for the purpose of securing the obligation specified in the conditions thereof and for no other purposes and that the same is a just and valid obligation and one not entered into for the purpose of fraud.

a)

Affidavit of Good Faith.

b)

Foreclosure of chattel mortgage.

c)

Effect of Registration.

d)

Contract of Chattel Mortgage.

68.

All of the following are application of proceeds of the foreclosure, except?

a)

Cost and expenses of keeping the property and its sale

b)

Payments of the obligation secured by the mortgage

c)

Claims o persons holding subsequent mortgages in their order

d)

The Chattel mortgage is still valid as between the parties.

69.

Statement 1: Personal Property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation.

Statement 2: The provisions of this Code Chattel on pledge, insofar as they are not conflict with the Chattel Mortgage Law shall be application to Chattel Mortgages.

a)

Statement 1 is true

b)

Statement 2 is true

c)

Both statements are true

d)

Both statements are true

70.

Mortgage Extends to the following, except?

a)

Natural Accessions

b)

New plantings

c)

Improvements

d)

Growing fruits

71.

It is when a mortgage is given a special power of attorney to sell the mortgaged property by public auction under act no. 3135.

a)

Extrajudicial

b)

Judicial

c)

Foreclosure

d)

Real Mortgage

72.

Under the Civil code by which personal property can be used to secure a principal obligation, there are at least two (2) contractual modes:

a)

I. Through a contract of pledge a. II. Through a chattel mortgage

b)

I. Through incorporeal rights a. II. Through a conventional mortgage

c)

I. Through promissory notes a. II. Through contract of pledg

d)

I. Through promissory notes a. II. Through contract of pledg

73.

A pledge is a real contract, hence, it is necessary in order to

a)

Prove the right pledged that shall be delivered to the creditor, and if negotiable, must be indorsed.

b)

Not take effect against third persons if a description of the thing pledged and the date of the pledge do not appear in a public instrument.

c)

Constitute the contract of pledge, that the thing pledged be placed in the possession of the creditor, or of a third person by common agreement

d)

Prove the right to constitute the contract of pledge, that the thing pledged be placed in the possession of the creditor, or of a third person by common agreement.

74.

On February 22, 2020, Sean Co. was forced to pay Clyve bank the sum of P40,345 which included the principal loan and accumulated interest and Clyve Bank executed a subrogation receipt on the same date. On March 20, 2022, Sean Co. brought an action for reimbursement of the said amount. What is the nature of the stock assignment?

a)

The stock assignment is an opinionated pledge. Indeed, the opinions leading to the execution of the stock assignment.

b)

The stock assignment is somehow true and opinionated pledge. The truth circumstances leading to the execution of the stock assignment, and the admission that it is in fact a pledge

c)

The stock assignment is in truth and in fact a pledge. The facts and circumstances leading to the execution of the stock assignment, and the admission that it is in fact a pledge

d)

The stock assignment is true and its circumstances executes not only the stock assignment but also the incorporeal rights.

75.

Which of the following statements are correct? The two are the pledge of incorporeal rights:

I. The instrument proving the right pledged shall be delivered to the creditor.

II. If the instrument is negotiable, it must be indorsed.

a)

Only I is true

b)

Only II is true

c)

Both are true

d)

Both are false

76.

Statement I: A statement in writing by the pledgee that he renounces or abandons the pledge is sufficient to extinguish the pledge.

Statement II: For this purpose, neither the acceptance by the pledgor or owner, nor the return of the thing pledged is necessary, the pledgee becoming a depositary

a)

Only I is true

b)

Only II is true

c)

Both are true

d)

Both are false

77.

Rules as to the proceeds of sale

Statement I: If the price of the sale is MORE THAN said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed.

Statement II: If the price of the sale is GREATER, neither shall the creditor be entitled to recover the deficiency, notwithstanding any stipulations to the contrary

a)

Only I is true

b)

Only II is true

c)

Both are true

d)

Both are false

78.

Statement I: The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are not equal to the amount of the principal obligation, interest and expenses in a proper case.

Statement II: Before the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof.

a)

Only I is true.

b)

Only II is false.

c)

Both are true.

d)

Both are false.

79.

Entitled to claim the deficiency from the debtor

a)

Pledgee

b)

Mortgagee

c)

Pledgor

d)

Mortgagor

80.

A _______ that has any right in or to the thing pledged may satisfy the principal obligation as soon as the latter becomes due and demandable.

a)

Pledgor

b)

Pledgee

c)

Mortgagor

d)

Mortgagee

e)

Third person

81.

A _______ that has any right in or to the thing pledged may satisfy the principal obligation as soon as the latter becomes due and demandable.

a)

pledgor

b)

pledgee

c)

Mortgagor

d)

Mortgagee

82.

If after the first and second auction for the thing pledged and still not sold the creditor may

a)

set another auction until the thing pledge is sold.

b)

return the thing pledged to the debtor and give an acquittance to his entire claims

c)

appropriate the thing pledged and give an acquittal to this entire claim.

d)

appropriate the thing pledged and give an acquittal to this entire claim.

83.

Which of the following statement(s) is true?

I. The pledgor and pledgee may bid at the public auction. The pledgor has a better right if he should offer the same terms as the highest bidder.

II. The pledgee's offer shall not be valid if he is the only bidder

a)

Only Statement 1 is correct

b)

Only statement 2 is correct.

c)

Both statements are correct.

d)

Both statements are incorrect.

84.

Which of the following statement(s) is correct?

Statement I: The instrument providing the right pledge shall be delivered to the creditor.

Statement II: If the instrument is negotiable, it’s not necessary be indorsed.

a)

Statement I only

b)

Statement II only

c)

None of the above

d)

Both I and II are correct

85.

Kelly Oubre pledged his only Audi R8 car to Melo to secure his obligation amounting to P3,500,000, Kelly Oubre delivered the car to Melo. Unfortunately, the car was stolen in the garage where the car was parked. Who shall be liable for the damages?

a)

Kelly Oubre

b)

Melo

c)

Both Kelly Oure and Melo

d)

None of the above

86.

Which of the following statement(s) is valid?

Statement I: Mr. Baki pledged his only car to Mr. Williams to secure his obligation amounting to P400,000, Mr. Baki delivered the car to Mr. Williams and permitted Mr. Tatum to accept the deposit. A few months later Mr. Williams deposited the thing pledge to Mrs. Niana who is the wife of pledgor of the thing.

Statement II: Mr. Baki pledged his only car to Mr. Williams to secure his obligation amounting to P400,000, Mr. Baki delivered the car to Mr. Williams and permitted Mr. Tatum to accept the deposit. A few months later Mr. Williams deposited the thing pledge to Mr. Tatum who is authorized by Mr. Baki the pledgor of the thing.

a)

Statement I only

b)

Statement II only

c)

None of the above

d)

Both a and b are valid

87.

Which of the following statement(s) is correct if the pledgee is deceived on the quality of the thing pledged?

Statement I: The pledgee cannot claim another thing in its stead.

Statement II: The pledgee may demand immediate payment of the principal obligation

a)

Statement I only

b)

Statement II only

c)

None of the above

d)

Both I and II are correct

88.

All of the following statements regarding the contract of antichresis are correct, except:

a)

In a contract of antichresis, the creditor has the right to receive the fruits of the thing.

b)

In a contract of antichresis, the debtor has the obligation to pay taxes and charges upon the state.

c)

In a contract if antichresis, the amount of principal and interest shall be specified in writing.

d)

The contract if antichresis is an accessory contract.

89.

Which of the following statements regarding guarantee is incorrect?

a)

A guarantee is an accessory contract

b)

It is gratuitous unless there’s a stipulation to the contrary.

c)

A married woman may guarantee an obligation without the husband's consent

d)

By guarantee a person, called guarantor, binds himself solidarily with the principal debtor

90.

Suppose A is the creditor, B is the principal debtor, and C binds himself liable together with principal debtor B, which of the following is a suretyship?

a)

C binds himself to creditor A to fulfill the obligation of principal debtor B if he fails to do so

b)

C is secondarily liable with principal debtor B.

c)

Upon non-payment of principal debtor B, creditor A can immediately proceed against

d)

Creditor A cannot compel C to pay unless he has done everything legally possible to collect from principal debtor B.

91.

I. The surety is secondarily liable with the principal debtor.

II. The surety is solidarily liable with the principal debtor.

a)

Only statement I is correct

b)

Only statement II is correct.

c)

Both statements are correct.

d)

Both statements are incorrect.

92.

I. A married woman MAY NOT guarantee an obligation without the husband's consent.

II. A married woman MAY guarantee without the husband's consent, and shall bind the community or conjugal partnership, at any instances.

a)

Only statement I is correct.

b)

Only statement II is correct.

c)

Both statements are correct.

d)

Both statements are incorrect.

93.

LAB borrowed P50,000 from UYO and pledged his computer and bike worth of P20,000 and P30,000 respectively. After a week, LAB pays 20,000 to UYO. Can LAB compel UYO to return the computer since P20,000 is already paid?

a)

Yes, since the amount equivalent to the computer is already paid.

b)

No, because contract of pledge is indivisible.

c)

It depends to San.

d)

Yes, if LAB promise to pay his balance.

94.

Pepsi's business is failing so he borrowed money from Paloma worth of P2,000,000. To secure the fulfillment of her loan, Pepsi mortgaged his Father's land. Pepsi is the only child. Is the contract of mortgaged valid?

a)

Yes, since Pepsi is the only child.

b)

Yes, since it is Pepsi's father land

c)

No, the contract of mortgaged is void

d)

Answer is not given

95.

Mega wants to buy a villa and borrowed additional money from Young worth of P1,000,000. To secure fulfillment of his loan Mega pledged his car. The contract provides that the creditor may appropriate the car upon failure of the debtor to pay the loan. Mega failed paying the loan. Does Young take ownership of the car pledge?

a)

Yes, since Mega failed to pay

b)

Yes, as stated on the contract

c)

No, it is not stated on the contract

d)

No

96.

Krem, an owner of a Sari-sari store borrowed money from Top worth of P5,000,000. Juju, a third person, mortgaged his land to secure the fulfillment of Krem's loan. Is the contract valid?

a)

Yes, it is valid

b)

No, the contract is void

c)

No, since Krem is not the owner of thing mortgaged.

d)

Absolutely not valid

97.

The following are extent of mortgage, except;

a)

Natural accessories

b)

Growing fruits

c)

Rent or income not yet received

d)

Amount of the indemnity granted

98.

For pactum commissorium to exist:

I. There should be a pledge or mortgage wherein a property is pledged or mortgaged by way of security for the payment of the principal obligation. I

I. There should be a stipulation for an automatic appropriation by the debtor of the thing pledged in the event of nonpayment of the principal obligation within the stipulated person. Which of the statements above are TRUE?

a)

Statement I

b)

Statement II

c)

All of the above

d)

All of the above

99.

The following requisites are essential to the contract of pledge and mortgage, except:

a)

The pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged

b)

The persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose

c)

The persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose

d)

None of the above

100.

Uni-Team borrowed 3,000,000 from Isko. Kakampink, a third person, mortgaged his land to secure the fulfillment of X’s loan. Is the contract of mortgage valid?

a)

Yes, third person who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property

b)

No, person who are not parties to the principal obligation cannot secure the latter by pledging or mortgaging their own property.

c)

Either a or b

d)

None of th

101.

Baby M borrowed 30,000 from Len-Len and pledged his ring and a necklace for 13,000 and 17,000 value respectively. After several days, Baby M pays 17,000 to Len-Len. May Baby M compel to Len-Len to return the necklace because 17,000 of the loan is already paid?

a)

Yes, Baby M can compel to Len-Len to return the necklace because the 17,000 of the loan is already paid.

b)

Yes, Baby M can demand the release of the necklace because a contract of pledge is divisible

c)

No, Baby M cannot demand the release of the necklace because a contract of pledge is indivisible.

d)

None of the above

102.

Thus, a principal obligation may still be?

a)

valid even if the pledge or mortgage is enforceable

b)

void even if the pledge or mortgage is rescissible

c)

valid even if the pledge or mortgage is void

d)

void even if the pledge or mortgage is valid.