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Worksheets
Name
Law on Sales (MT)
Class
Total questions: 50
Worksheet time: 35mins
Date
Instructor name: Ben Abduhasan
1.
First Statement: Sale is not a mode of acquiring ownership.
Second Statement: Delivery is the operative mode that transfers ownership
2.
3.
a) C. Both statements are true.
b) B. Only the second statement is true.
c) A. Only the first statement is true.
d) D. None of the statements is true.
A deed of sale where the stated consideration had not in fact been paid is:
a) Valid
b) Unenforceable
c) Voidable
d) Null and Void
The characteristics of a contract of sale are: (1) consensual, (2) bilateral, (3) onerous, (4) principal, and
(5) nominate.
4.
a) B. 1, 2, 3, and 4 only
b) D. 1, 3, 4, and 5 only
c) A. All of the five
d) C. 1, 2, 3, and 5 only
The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civil interdictees
in entering into contracts of sale is:
5.
a) Absolute
b) Relative
c) Total
d) Partial
If the property regime between husband and wife is the regime of separation of property, a sale by one
spouse to another is:
a) Void
b) Unenforceable
c) Voidable
d) Valid
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6.
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A contract of sale between husband and wife entered into after a judicial separation of properties has
been decreed is:
7.
a) Void
b) Unenforceable
c) Voidable
d) Valid
A guardian cannot acquire even at a public auction, either in person or through the mediation of another
which property?
a) Property whose administration or sale may
b) Property of his ward
have been entrusted to them, unless the
consent of the principal has been given
c) Property of the estate under administration
d) Property of the government, its political
subdivisions or GOCCs entrusted to him
8.
An executor or administrator cannot acquire even at a public auction, either in person or through the
mediation of another which property?
a) Property of the government, its political
b) Property of the estate under administration
subdivisions or GOCCs entrusted to him
c) Property whose administration or sale may
d) Property of his ward
have been entrusted to them, unless the
consent of the principal has been given
9.
A judge, justice, prosecuting attorney, or clerk of court cannot acquire even at a public auction, either in
person or through the mediation of another which property?
a) Property in custodia legis
b) Property whose administration or sale may
have been entrusted to them, unless the
consent of the principal has been given
c) Property of his ward
d) Property of the government, its political
subdivisions or GOCCs entrusted to him
10.
For a thing to be a valid subject matter, it has to be:
a) Determinate or determinable, illicit and
b) Determinate or determinable, illicit and possible
impossible
c) Indeterminate, licit and not impossible
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d) Determinate or determinable, licit and possible
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11.
12.
13.
14.
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For a right to be a valid subject matter, it must be:
a) Transmissible
b) Encumbered
c) Intransmissible
d) Levied upon
If there is mere inadequacy of the price, the contract is:
a) Voidable
b) Void
c) Valid
d) Unenforceable
If the parties really intended a donation or some other act or contract, the contract of sale is:
a) Valid
b) Voidable
c) Void
d) Unenforceable
Where the price of the thing sold cannot be determined and the thing has been delivered to and
appropriated by the buyer, how much does the buyer have to pay?
15.
a) Price given by the seller
b) Price given by the buyer
c) Nothing
d) Reasonable price
What distinguishes earnest money from option money?
a) If there is earnest money, in case of non-
b) If there is earnest money, title passes to the
payment, there can be an action for specific
buyer upon delivery of the thing sold; while if
performance only; while if there is option
there is option money, ownership is reserved to
money, an action for specific performance or
the seller and is not to pass until full payment.
for rescission can be filed by the injured party.
c) The earnest money is a distinct consideration
d) If there is earnest money, the would-be buyer is
for an option contract; while the option money
not required to buy; while if there is option
is part of the purchase price.
money, the buyer is not bound to pay the
balance.
16.
First Statement: If earnest money is paid, there is already a sale perfected.
Second Statement: If option money is paid, no sale is perfected yet.
a) Only the first statement is true.
b) Both statements are true.
c) None of the statements is true.
d) Only the second statement is true.
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17.
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The following sales must be in writing to be enforceable: (1) sale of personal property at a price not
less than P500, (2) sale of real property or an interest therein, and (3) sale of any property not to be
performed within a year from the date thereof.
18.
a) 1 and 3 only
b) All of three
c) 2 and 3 only
d) 1 and 2 only
It refers to an agreement that dominion is reserved in favor of the seller until the full payment of
purchase price.
19.
20.
a) Pactum leonina
b) Pactum reservati dominii
c) Pactum commissorium
d) Pactum sun servanda
It refers to a delivery where the seller points out to buyer the things which are transferred.
a) Traditio brevi manu
b) Traditio longa manu
c) Traditio symbolica
d) Traditio constitutum possessorium
It refers to a delivery where the seller continues in possession but under a different title other than
ownership.
21.
a) Traditio brevi manu
b) Traditio constitutum possessorium
c) Traditio longa manu
d) Traditio symbolica
It refers to a delivery of rights, credits or incorporeal property, made by placing titles of ownership in the
hands of the buyer and allowing buyer to make use of rights.
22.
a) Traditio symbolica
b) Quasi-tradition
c) Traditio brevi manu
d) Traditio longa manu
Who is preferred in case of double sale of personal property?
a) Possessor in good faith
b) Buyer with higher price
c) Person with oldest title in good faith
d) Registrant in good faith
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23.
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What is the order of preference of the following in case of double sale of real property: (1) registrant in
good faith, (2) possessor in good faith, and (3) person with the oldest title in good faith?
24.
25.
a) III, II and I
b) III, I and II
c) I, III and II
d) I, II and III
Who bears the risk of loss and deterioration of the thing sold before perfection?
a) Seller
b) Buyer
c) None
d) Both the seller and buyer
The remedies of an unpaid seller are (1) possessory lien, (2) stoppage in transitu, (3) resale, and (4)
rescission
26.
27.
a) 1, 2, and 4
b) 1, 3, and 4
c) All of four
d) 1, 2, and 3
What is the effect of waiver of warranty against eviction if the seller is in bad faith?
a) Seller is not liable.
b) Waiver is null and void.
c) Only limits the liability of the seller.
d) Wipes out the warranty.
What is the effect of a waiver of warranty against the eviction if the buyer has no knowledge of a
particular risk?
28.
a) Waiver is null and void.
b) Only limits the liability of the seller.
c) Wipes out the warranty.
d) Seller is not liable.
What is the effect of waiver of warranty against eviction if the buyer has knowledge of risk of eviction
and assumed its consequences?
a) Seller is not liable.
b) Waiver is null and void.
c) Only limits the liability of the seller.
d) Wipes out the warranty.
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29.
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It refers to an action to procure the return of a part of the purchase price paid by the vendee to the
vendor by reason of such defect.
30.
a) Accion quanti majoris
b) Accion quanti minoris
c) Accion redhibitoria
d) Accion pauliana
The prescription period to file an accion redhibitoria or accion quanti minoris is __ months from the
date of delivery to the vendee.
31.
32.
a) 9
b) 1
c) 12
d) 6
In redhibitory actions based on the faults or defects of animals, the period is __ days.
a) 30
b) 40
c) 45
d) 15
The vendee is liable for interest on the price (1) should it have been so stipulated, (2) should the thing
sold and delivered produce fruits or income, and (3) should he be in default, from the time of judicial or
extra-judicial demand for the payment of the price.
33.
a) 1 and 3 only
b) 1 and 2 only
c) 2 and 3 only
d) All of three
The vendee may suspend the payment of price (1) should he be disturbed in the possession or
ownership of the thing sold and (2) should he have reasonable grounds to fear such disturbance by a
vindicatory action or by a foreclosure of mortgage
34.
a) 2 only
b) none of them
c) both of them
d) 1 only
Under Recto Law, the seller may ask for the rescission of the sale if buyer has failed to pay __ or more
installments.
a) 4
b) 5
c) 3
d) 2
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35.
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Under Recto Law, if the seller chose to foreclose the chattel mortgage on the thing sold, __.
a) There shall be no deficiency judgment
b) The seller can still pursue the buyer for the
deficiency.
c) The seller can also seek for rescission of the
sale.
36.
d) The seller can also seek for specific
performance
First Statement: Under PD 957, no installment payment made by a buyer in a subdivision or
condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or
developer when the buyer, after due notice to the owner or developer, desists from further payment
due to the failure of the owner or developer to develop the subdivision or condominium project
according to the approved plans and within the time limit for complying with the same.
Second Statement: The rights of buyer in the event of his failure to pay the installments due for
reasons other than the failure of the owner or developer to develop the project shall be governed by
RA 6552.
37.
a) Both statements are true.
b) Only the second statement is true.
c) None of the statements is true.
d) Only the first statement is true.
Under Maceda Law, if the buyer paid at least 2 years installment, he may pay the balance __ within a
grace period of __ for every year of installment payment.
38.
a) Without interest; two months
b) With interest; two months
c) With interest; one month
d) Without interest; one month
Under Maceda Law, if the seller cancels the sale and the buyer paid at least 2 years installment, buyer
is entitled to __ of what he has paid if after 5 years of installments, __ for every year but not to exceed
__ of total payments made.
39.
a) 60%; 5%; 80%
b) 50%; 5%; 90%
c) 50%; 5%; 80%
d) 60%; 5%; 90%
Under Maceda Law, if the seller cancels the sale and buyer paid at least 2 years installment,
cancellation is effected __ days from notice and upon payment of cash surrender value.
a) 90
b) 40
c) 60
d) 30
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40.
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Under Maceda Law, if the buyer paid less than 2 years installment, the second grace period is __ days
from notice of cancellation/demand for rescission.
41.
a) 90
b) 60
c) 40
d) 30
Statement 1: A contract of sale is separate and distinct from a contract of option.
Statement 2: A contract of option presupposes the existence of a perfected contract of sale
42.
a) Only statement 2 is true
b) Both statements are not true
c) Only statement 1 is true
d) Both statements are true
The consummation of a contract of sales occurs when:
a) There is concurrence between offer and
acceptance
c) The parties negotiate the price and the object
of sale
43.
44.
45.
b) There is an agreement as to the price certain
and the object of sale
d) The parties perform their respective
undertakings
In expropriation, which of the following essential requisite for a contract of sales is absent?
a) Object
b) Consideration
c) Consent
d) Cause
As a general rule, a sale of a mere hope or expectancy is:
a) Unenforcable
b) Perfectly valid
c) Void
d) Voidable
Mr. F a farmer entered into a contract of sale with Ms. W , a rice miller, in January. The object of the
contract is Mr. F's harvest for the year. Mr. F expects to harvest rice in August. Is the contract valid?
a) Yes, but the contract of sales may be
unilaterally rescinded by the parties before
b) No, the contract of sale has no existing object
at the time of its perfection.
august
c) Yes, the contract of sale has an object
considering that the rice has a potential
d) Yes, but the perfection of the contract of sale
will only occur upon harvest in august
existence
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46.
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Mr. D is the defendant in a civil case where Ms. P , the plaintiff, is seeking the recovery of P200,000.
Ms. P prayed for the provisional remedy of a preliminary attachment over Mr. D's car to satisfy any
favorable judgment to Ms. P. A few days before the set hearing, Mr. D sold the car to Ms. B. Is the sale
valid?
a) No. The sale is Void considering that the thing
b) Yes. The sale is perfectly valid
sold is under litigation
c) Yes. The sale is perfectly valid if Ms. B is a
buyer in good faith
47.
d) Yes. The sale is valid, but recissible regardless
of Ms. B's good faith
Ms. S is the owner of 50 kilograms of sugar located in a warehouse. Ms. S sold 25 kilograms to Ms. B.
Which of the following is a correct statement as to the effect of the sale?
a) Ms. B automatically becomes the owner of the
b) Ms. S will still be the owner of the 50 kilograms
entire mass of the 50 kilograms of sugar
of sugar prior to the divisions of the sugar
subject to reimbursement to Ms. S for the value
of the 25 kilograms
c) Ms. S and Ms. B become co owners over the
50 kilograms of sugar even without the division
d) The sale has no effect considering the 50
kilograms of sugar is still undivided
of of the sugar
48.
Statement 1: As a general rule, inadequacy of price does not affect a contract of sale's validity.
Statement 2: When there is no price agreed upon, the sale is voidable.
49.
a) Both statements are ture
b) Only statement 2 is true
c) Both statements are not true
d) Only statement 1 is true
Which of the following is a characteristics of an earnest money?
a) It is given when sale is not yet perfected
b) It is part of the purchase price
c) It is separate and distinct consideration from
d) When give, the would-be buyer is not required
the consideration of the contract of sale
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to buy
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50.
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A and B entered into a contract of sale where A sold his car to B on installment basis for P1,000,000,
payable quarterly for three(3) years. The contract of sale was perfected on November 1,2020 and the
car was delivered on January 1,2021. The first quarterly payment was made on January 1, 2021. The
ownership of the vehicle remained with A. The ownership will transfer to B only upon payment of half of
the installments. However, just three installments after, the car was lost through storm. In the absence
of any stipulation in the contract of sale, is B required to pay the remaining installments?
a) Yes, Because delivery of the car has already
been made and possession is with B
b) No, because it was through A's fault that the
car was lost
c) No, because notwithstanding the delivery of the d) Yes, because the contract of sale has already
car, ownership remained with A.
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been perfected
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