TRUE OR FALSE (QUIZ2) As a general rule, the goods shall be delivered in the the

place where the seller is located

The vendor is bound to deliver the thing sold in case the
vendee loses the right to make use of the period. FALSE The vendee acquires ownership of the thing sold at the
time it has been delivered to him
The execution of a public instrument is equivalent to the
delivery to the thing which is the object of the contract. If the seller has a voidable title, the buyer shall better have
TRUE a better right if he pays a valuable consideration for the
sale
Transfer of ownership of the object of the contract of sale is
a requirement for the valid delivery of the said object. When the parties make use of the token symbol to
FALSE represent the thing delivered symbolic tradition

In double sale, the buyer who has registered the object If the seller delivers more than what has been agreed upon,
first in good faith shall enjoy a better right over the property. the buyer shall accept only those that have been agreed
TRUE upon and pay the contract price

In the sale of real property, the buyer’s right to ask for a In the obligation to deliver, the seller is to deliver the object
proportional reduction of the price shall prescribe in 1 year. itself and the accession and accessories include even
FALSE without an agreement

The vendor is bound to transfer ownership of the object as In the sale of real property at a rate of a certain price for a
well as to warrant the thing which is the object of the unit, the buyer may rescind sale if the quantity is the
contract of sale. TRUE primary consideration for the sale

Where the goods are sold by a person who is not the owner The delivery where the vendor continues in possession of
thereof, the buyer acquires no better title to the goods that the property sold not as owner but in some other capacity
the seller.TRUE traditio constitutom possessorium

Where the seller of goods has a voidable title thereto, but A thing is understood as delivered if the thing is placed in
his title has not been avoided at the time of the sale, the the control and possession of the vendee
buyer acquires a voidable title of goods. FALSE
If the seller delivers less than what has been agreed upon,
In the sale of real estate, made for lump sum, there shall be the buyer shall reject the delivery and demand for the
an increase or decrease of the price if there be a greater or damages from the seller
less area than that stated in the contract. FALSE
If the seller does not have a valid title over the object, the
Where the seller of goods has a voidable title thereto, but buyer shall have a right over the objects if the buyer is
his title has not been avoided at the time of the sale, the precluded from denying the seller’s authority
buyer who purchased knowing the seller’s defective title
shall be acquire a good title to the goods. FALSE Pending delivery, if the object of the contract of sale
improved at the expense of the seller, the seller shall only
The sale shall be valid if the sale is made by a person not have a usufructuary rights over the improvements
the owner but with authority to sell. TRUE
Pending delivery if the object of the contract of sale is
Transfer of ownership shall require the valid delivery of the improved at the expense of the seller, the buyer attempts
object of the contract o sale. TRUE to abscond

Execution of the public instrument is sufficient delivery of

the sale of real property. TRUE

If two or more immovable are sold for a single price there

shall be no increase or decrease of the price although there
may be a greater or lesser area or number delivered by the
seller. TRUE

If a real a real property is sold to two or more person having

different interests, the person who presents the oldest tite
shall acquire the ownership of the object despite the other
person having registered it first in good faith. FALSE

MULTIPLE CHOICE
In a lump sum sale of real estate, if the area is greater that
that stated in the contract, the buyer is entitled to all
without increase in price

Pending delivery, the seller is obliged to preserve the

object with ordinary care
 REM 312_ MIDTERM
Andrew entered into a contract to sell with Bryan,
Section 2. Articlle XII of the 1987 Constitution provides undertking to convey to the latter one of the five lots he
that all lands of the public domain belongs to the state. owns, withour specifying which lot it was, for the price of
What doctrine is this? Regalian Doctrine. P1M. Later, the parties could not agree which lotd he
owned andrew undertook to sell Bryan. What is the
Each one of the co-owners of an undivided immovoble standing od the contract? Void
who may have sold his share separately, may
independently exercise the right of repurchase as A seller who has no title over the goods shall not pass
regards his own share, the vendee cannot compel him title to the buyer who obtaineds it in sale under statutory
to redeem the whole property. True power.False

Which of the following circumstances refer toa pacto de A co-owner may redeem the share sold if
retro sale? a. It was sold to only 1 co-owner
a. The vendee retaining a portion or the purchase sale b. It as sold to an adjoining owner
b. The seller shall pay the purchase price of It was sold to a stranger
conveyance
c. The price of the sale unusually inadquate Can future inheritance be the subject of contract of sale?
d. He vendor binds himdelf to pay the taxes on the thing No, since the saller owns no inheritance while his
sold predecessor lives.

The rigth of pre-emption is availabl in pacto de retro Land ownership in the Philippines is limited to only
sales. False Filipino citizens. But an alien, as an exception to the
rule, may own a real porperty in the Philippine through:
If the object of sale is a generi thing, its loss will Succession
extinguish the obligation. False
The remedy available to the parties to resolve the doubt
Conventional redemption is the right to subrogates, of wether the contract is of sale or mortgage.
uponthe same terms and conditions stipulated in the Reformation
contract. False
The ownership of the thing sold is acquired by the
If at the time the execution of the sale there shall b on vendee the moment it is deivered to him. True
the land no vosible or groeing fruits and there were
some at the time of redemption. If delivery has been delayed through the seller’s fault,
a. The parties shall decide base on the volume of fruits the buyer shall bear the rrisk as delivery ha been made.
present False
b. The buyer shall appropriate such fruits it belonging to
the land he owns
c. The seller shall appropriate the fruit in proportion If the parties agreed on the seller’s right to redeem the
d. The seller and the buer appropriate the fruits in property but has failed to fix the period, the seller may
proportion redeem within 4 years from the date of contract

A sale can only be extinguished by redemption. False The right of redemption of rural lands is applicable if the
land are separated by drains, ravines ans apparent
The right granted to the owner of an adjoining land servitudes for the benefit of other state. False
before it is sold to another person. Pre-emption
Remedies availbel to the vendee incase of breach of
If the contract of sale is subject to any condition which is warranty against hidden defects are available within 6
not performed, a contracting party may months from the delivery of the goods
a. Waive the performance of the condition
b. Proceed with the contract with damages The vendee shalee be liable to the vendor if
c. File for damages against the guilty party a. He validl refuses to accept the goods
d. Rescind the contract of sale with damages b. He pays the purchase price
c. He manifests his inability to proceed with the contract
When two or more owners of adjoining urban lands wish d. He neglect to accept the goods
to exercise the rights of legal redemption, the owner of
the proprty who has a smaller area shal be preferred. The buyer is deemed to have accepted the delivery of
False the goods after examining the goods. The right to
examination belongs to the buyer, as a rule, on request
If the vendee is didturbes in the possesion of the goods,
he may suspend payment of th purchse price. Which of In a contract of sell, full payment of the puchase is a
the following is not ground to fear such disturbance. suspensive condition. True
a. An act of trespass by the third person
b. Foreclose mortgage Legal redemption may be exercised by the owner of the
c. Vindicatory action adjoining urban land within 30 days from notice by the
d. If the vedee has not fully paid the price vendor
 b. If the interest has been verbally agreed upon
Where the buyer validly refuses to accept the elivery of c. If he negligiently failed to pay if no demand was made
the goods, he si obliged to notify the seller of his d. If there was an inflation in the value of money
refusal
The vendor shall not make delivery if the proce is not yet
The thing sold shall be undersstood as delivered, when paid as a period has been agreed upon False
it is placed in control and possession of the vendor.
False Give at least five (5) rigths of the owner of a property
under the Bundle of rights
A sale is subject to condition is not valid. False 1.
2.
There should be an agreement before the vendor is 3.
bound to deliver the accessions of the object. False 4.
5.
In a true pacto de retro sale, the title and ownership of
the property sold ae immediately vested in the vendee a Enjoyment of the owner’s rights may also be limited
retro subject only to the resolutory condition of voluntarily or under a contract. Which of the following
repurchased by the vendor within stipulated perios. This limits’s rights because of the conveyance of the right to
is known as Conventional redemption enjoy the fruits of the property to another?
a. Sale
The vendor is bound to warrant the object of the sale by b. Mortgage
agreement of the parties. False c. Usufract
d. Lease
Acceptane of the delivery shll be bar for the exercise of
thbyer’s right. False
Prescription as a moe of acquiring title over real property
Creditos of the vendor may exercise the latter’s right of shall require the person to be in possession of the
redemption property in good faith for the period of 10 years
a. When the vendee consents to the redemption
b. When the vendor’s property has already been In the exercise of the rights to legal redemption, the
exhausted redemptioner shall be liable to pay
c. When directed by the court a. The price set by the seller at the redemption
d. When it has been assigned to the creditor b. The price set by the buyer of the property at the time
of redemption
c. The reasonable price for the thing sold
In addition to the payment of the seller, the seller shall d. The price of the thing sold at the time of the sale
be liable to give the buyer the following, except:
a. Usefu expenses on the thing sod The goods are at the buyer’s risk only if ownership has
b. Expenses of the contract of sale been transferred by virtue of the delivery of the goods.
c. Interest on the amount of money paid by the True
buyer
d. Necessary expenses on the thing sold A vendor shall be liable for the evicttion of the vendee if
a. the vendor was deprived only in part of the thing
Delivery shall be made at the time and place stipulated bought
by the parties. True b. The vendee did not appeal on the judgement
c. The vendee was already aware of the
The vendor is only bound to deliver the object agreed prescription running before the sale
upon. True d. The vendee waived such rights against the vendor

Delivery to the carrier is delivery to the buyer. True If the vendor failed to deliver one installment which
failure does not affect the entire performanceof the
Co-owners who sold their undivided interest individually contract, the vendee can
and separate can be compelled to redeem the whole a. Rescind the wjole contract
property. False b. Claim for compensation for that failure
c. Sue for damages for the breach
The vendor shall not be liable for breach of warranty d. Refuse to proceed with the contract
against eviction if the vendee was evicted due to
a. A case won against a collection suit The vendor who redeems the thing sold shall receive it
b. Prescription commenced before the sales free from encumbrance or mortgaegs constituted by the
c. Non-payment of taxes vendee. True
d. Foreclosure sale in unpaid secured obligations
Several persons who jointly sold their undivided interest
The vendo is obliged to pay the purchase price, lus in an immovable may be compelled by the buyer to
interest redeem the whole property.False
a. If the goods delivered produced fruits or income
pending payment
Which of the following is the liability of a vendor who
acted in bad faith in case of eviction of the vendee?
a. Damages and interest, and ornamental expenses
b. Reimbursement for the expenses of the contract
c. Payment of interests and delivery of fruits of the
object
d. Payment for the value of the thingsold at the time of
eviction

Should two or more co-owners desire to exercise the

right of redemption, they may only do so in proportion to
the share they may respectively have in the thing owned
in common.True

The vendor is bound to deliver only when the vendee

has paid the price. False

Legal redemption is allowed by

a. Presumption in the contrat
b. Operation of law
c. Grant of court
d. Stipulation of parties

The fixing of the price shall be at the discretion of the

seller. False

In a pacto de retro sale, the vendee of a part of an

undivided immovable who acquires the whole thereof
cannot compel the vendor to redeem the whole property
if the latter wishes to exercise his rights of reedemption.
False

Pending delivery, if the thing is improved at the expense

of the vendor, the vendor shall have the right to
a. Ask for reimbursement for the improvements
b. Remove the improvements
c. Enjoy the use and the fruits of the improvements
d. Ask the value of the improvements from the vendee

The obligation of the vendee to resell the property in a

paco de retro sale is not transmissible to his heirs or
successors-in-interest. False

Where the seller of goods has a voidable title thereto,

such seller passes, as a rule, a voidable title. False

Delivery by the vendor of the object extinguishes his

obligation. True

A contract for a piece of work is one where the object is

readily available to the general market. False

In a contract to sell, the seller cannot recover the object

until the contract is rescinded.False

Pending delivery, the object deteriorates through the

fault of the vendor, the vendee shall have the rights to
a. Rescind the contract of dale
b. Ask for damages for the fault committed
c. Resciind or ask fullfillment, plus damages in
either case
d. Ask for the fullfillment of the contract of sale

In a contract to sell, the seller cannot recover the object

until the contract is rescind. False