WorksheetsQuiz No.4
Total questions: 30
Worksheet time: 30mins
A credit transaction fundamentally requires the creditor to extend trust, or "credit," to the debtor, in exchange for:
Immediate possession of collateral.
A fixed interest rate only.
A promise of future repayment, typically involving interest.
Judicial registration.
Which pair of contracts are classified as Principal Contracts because they stand independently and do not rely on securing another obligation?
Pledge and Mortgage
Guaranty and Suretyship
Loan and Deposit
Mortgage and Antichresis
A Secured Loan is defined as a form of borrowing that is backed by collateral. Should the borrower default, the lender possesses a perfected real right to:
Use the collateral until the debt is paid.
Automatically appropriate ownership of the collateral.
Alienate (sell) the collateral to recover the outstanding debt.
Demand only a deficiency judgment.
The distinction between a Simple Loan (Mutuum) and a Commodatum lies in their object and ownership. In Mutuum, ownership passes to the borrower who must return an equivalent amount. In Commodatum:
The object is a consumable good.
The lender retains ownership of the specific, non-consumable thing.
The object must be a real property.
The purpose is safekeeping.
For accountancy and legal purposes in the Philippines, money deposited in a bank is legally classified as an Irregular Deposit, which creates a relationship of:
Agency, with the bank as agent.
Simple loan (Mutuum), with the bank as the debtor.
Fiduciary trust, with the bank as trustee.
Commodatum, with the bank having temporary use.
A deposit mandated by a court order, arising strictly within the context of litigation over the possession of a specific property, is known as a:
Voluntary Deposit
Necessary Deposit
Judicial Deposit (Sequestration)
Irregular Deposit
A deposit made by travelers in inns or hotels, or one compelled by an urgent circumstance like a fire or storm, is categorized as a:
Voluntary Deposit
Necessary Deposit
Judicial Deposit
Irregular Deposit
The primary distinction between a Guaranty and a Suretyship lies in their liability. A Guarantor's liability is subsidiary, conditional, and secondary. In contrast, a Surety's liability is:
Accessory and contingent.
Secondary and conditional.
Primary, solidary, and direct.
Limited solely to the amount of collateral provided.
The guarantor's right to demand that the creditor first exhaust all legal remedies against the property of the principal debtor before any action is pursued against the guarantor is called the:
Right of Retention
Pactum Commissorium
Dacion en Pago
Benefit of Excussion
In which scenario does a Guarantor lose the Benefit of Excussion?
The principal debtor is merely late in making the payment.
The creditor demands payment from the debtor via a letter.
The guarantor has bound themselves solidarily with the principal debtor (thereby acting as a surety).
The debtor owns property outside the Philippines.
Why can a Surety be immediately sued by the creditor upon the debtor's default without the creditor having to first pursue the assets of the principal debtor?
The surety is a separate contract.
The surety is not entitled to invoke the Benefit of Excussion.
The surety is entitled to reimbursement immediately.
The surety's obligation is limited.
Who essentially insures the debt itself (that the debt will be paid), rather than just the solvency of the debtor?
The Principal Debtor
The Guarantor
The Surety
The Third-Party Mortgagor
The following are the three essential requisites common to both Pledge and Mortgage, EXCEPT:
Existence of a Principal Obligation.
The person constituting the security must be the absolute owner of the property.
The person constituting the security must have free disposal of the property.
Actual delivery of the security property to the creditor.
The stipulation in a contract of pledge or mortgage which automatically grants the creditor ownership of the collateral upon the debtor’s failure to pay the debt is called Pactum Commissorium. Under Philippine law, this stipulation is:
Valid, provided the value of the property is equal to the debt.
Valid, if the debtor gives consent in a separate instrument.
Null and void.
Valid, only for chattel mortgages.
To avoid the prohibition on Pactum Commissorium, the creditor must instead resort to the formal legal procedure of sale (foreclosure or public auction) to liquidate the collateral. This ensures that:
The creditor is always entitled to a deficiency judgment.
If the value of the collateral exceeds the debt, the debtor is entitled to the surplus.
The creditor can unilaterally claim the entire property.
The sale is conducted privately.
The subsequent, voluntary agreement to transfer the collateral to the creditor in full payment of the debt after default has occurred is a valid debt settlement mechanism known as:
Pledge by Operation of Law
Right of Redemption
Dacion en Pago
Constitutum Possessorium
If a third party, who is not the principal debtor, constitutes a pledge or mortgage over their own property to secure the principal obligation of another, the third party’s legal liability for the debt itself is:
Solidary with the principal debtor.
The same as a guarantor.
Extends to their general estate.
Limited solely to the property pledged or mortgaged.
The principle that the security right remains whole and cannot be proportionally extinguished until the principal debt is completely and fully satisfied, even if the debt is divided among heirs, is known as:
Dacion en Pago
Indivisibility of Pledge and Mortgage
Pactum Commissorium
Free Disposal of Property
Which instrument of real security uses immovable property (like land or buildings) as the subject matter, where the mortgagor retains possession?
Pledge
Chattel Mortgage (CM)
Real Estate Mortgage (REM)
Antichresis
For a Real Estate Mortgage (REM) to be effective against third persons, it must be:
Executed in a private instrument.
Accompanied by an Affidavit of Good Faith.
Registered with the Registry of Deeds and annotated on the title.
Followed by the delivery of the property to the creditor.
The formal requisite for a Chattel Mortgage (CM), where both parties must swear before a notary public that the mortgage is constituted to secure a just debt and is not intended for fraud, is the:
Affidavit of Mortgage
Deed of Conveyance
Affidavit of Good Faith
Pactum Commissorium Clause
The enactment of the Personal Property Security Act (PPSA) of 2018 (RA 11057) aims to modernize secured transactions by:
Requiring all security interests to be perfected by physical possession.
Simplifying and unifying the legal framework for securing obligations using personal property.
Restricting the use of intangible assets as collateral.
Abolishing the concept of the real right.
Under the PPSA, the perfection of a security interest is primarily achieved by:
Executing a public instrument.
Localized registration at the debtor’s residence.
Filing a notice in a unified, centralized, electronic registry.
Physical delivery of the asset to the creditor.
The statutory hierarchy that dictates the order of payment when the debtor's assets are insufficient to cover all outstanding debts is called the:
General Law on Obligations
Preference of Credit
Liquidity Risk Management Framework
Pactum Commissorium Regime
Special Preferred Credits are those that constitute a lien:
Against the general assets of the debtor.
Over specific, designated property (movable or immovable).
Only for claims arising from services rendered.
Only for tax liabilities.
Credits secured by mortgages duly recorded in the Registry of Property fall under which specific article of the Civil Code?
Article 2241 (Movable Property)
Article 2242 (Real Property)
Article 2244 (Ordinary Preference)
Article 2245 (Non-Preferred)
Among the special preferred credits over specific real property (Art. 2242), which claim enjoys absolute priority and is paid first?
Registered Mortgage
Unpaid Vendor’s Lien
Taxes and assessments upon the immovable property
Claims for the cost of construction and repair
If there are multiple special preferred credits (excluding taxes) over the same specific immovable property under Article 2242, the rule for their satisfaction is:
First-to-File or First-to-Register Rule.
Based on the date the obligation was incurred.
They shall be satisfied pro rata (proportionately).
The secured creditor with the highest claim is paid first.
After all claims against specific properties (Arts. 2241 and 2242) have been satisfied, the remaining general assets of the debtor are used to pay the claims listed in which article?
Article 2245 (Non-Preferred)
Article 2244 (Ordinary Preferred Credits)
Article 2088 (Pactum Commissorium)
Article 2089 (Indivisibility)
Unsecured loans (like most credit card or personal debts) are classified as the lowest priority, categorized as Non-Preferred Credits under Article 2245, and must be satisfied:
In a lump sum.
Sequentially based on date of maturity.
Pro rata (proportionately) from any remaining general assets.
Only if the debtor has an excess of assets.
