1.

In order of the seller to transfer ownership of the thing sold to the buyer, he must have
ownership over the thing at the time of:
a. Perfection of the contract of sale
b. Delivery of the thing
c. Payment of the full price
d. In all stages of the contract of sale

For Nos. 2-6. Consider these facts:

February 6: Ken offered to sell his real property in Dulig, Labrador at the price of Php 2,500.00 per
square meter to Juvin.

February 7: Juvin made counter-proposal to buy the lot at reduced rate of Php2,000.00.

February 8: Ken accepted Juvins proposal.

February 14: A deed sale was executed and signed by Juvin and Ken.

February 16: Juvin paid full price.

2. The contract of sale between Ken and Juvin is perfected on:

a. February 6
b. February 7
c. February 8
d. February 14
3. When Juvin paid the full price on February 16 ---
a. He acquired ownership of the real property.
b. The contract of sale is deemed perfected
c. He acquired the right to take possession of the property
d. The contract of sale is consummated.
4. If from the deed the contrary does not appear or cannot be clearly inferred, the real property is
constructively delivered on:
a. February 8, upon meeting of minds of parties.
b. February 14, upon execution of the deed of sale.
c. February16, upon payment of the full price.
d. Ken has yet to deliver the property at any time when Juvin demands it.
5. It is Kens policitation during the negotiation stage in the contract of sale.
a. The offer to sell the real property in Dulig, Labrador at the price of Php 2,500.00 per
sq.m.
b. The offer to buy the subject lot at the reduced price of Php 2,000.00 per sq.m.
c. The acceptance of the offer to buy the subject lot at the price of Php 2,000.00 per sq.m.
d. All of the above.
6. If the contract of sale of real property between Ken and Juvin is orally constituted, the sale is
 a. Valid
b. Void
c. Unenforceable
d. Voidable
7. An incidental element of a sales contract.
a. Implied warranty
b. Consent of the poarties.
c. Date of deliovery of the thing sold.
d. Payment of a price.
8. What is the remedy of the seller CARPLAZA, Inc. if Quico fails to pay the 13th month amortization
upon demand?
a. Compel Quico to pay the whole obligation.
b. Cancel the sale.
c. Foreclose on the chattel mortgage.
d. Any of the foregoing remedies at the option of the seller.
9. Under the sales contract between CARPLAZA, Inc. and Quico, this stipulation cannot be entered
by them because it is considered void by law.
a. Forfeiture of the installment paid up to 50% of the total price.
b. Prohibition on Quico to use the car as security for another obligation.
c. Right of the seller to repossess the unit for resale in case of failure to pay the price as
scheduled for two installment or more.
d. Right of the seller to recover the deficiency in case the car sold for less than the
outstanding obligation upon foreclosure of the chattel mortgage.
10. Three of the following are conditional sales. Which is the exception?
a. Sale of expectancy
b. Sale with right of repurchase
c. Sale of hope
d. Sale subject to a contingency
11. Alathea orally sold to Jerry a parcel of land for Php100,000. Delivery was made of the land. The
payment of the price was to be made three months later. At the end of three month,
a. Jerry may refuse to pay claiming as his defense the Statute of Frauds.
b. Jerry may return the parcel of land to Alathea.
c. Alathea can collect from Jerry because the contract was already partially executed.
d. Jerry may refuse to pay on the ground that there is no written contract to support the
sale.
12. In this kind of sale, seller warrants that the thing delivered corresponds not only with the sample
tested but also with the description given.
a. Sale by description
b. Sale by sample
c. Sale on trial, satisfaction, and approval
d. Sale by sample and description
13. Mr. Amado owns a mango tree bearing fruits, ready for harvest. He sells all the fruits of that
tree to Mr. Burgos who pays Mr. Amado the sum of Php5000. Mr. Amado tells Mr. Burgos that
he can just harvest the fruits anytime he likes pointing at the particular tree. For legal purposes,
Mr. Amado has fulfilled his obligation to deliver the mango fruits to MR. Burgos by---
a. Traditio brevi manu
b. Traditio longa manu
c. Traditio simbolica
d. Quasi-tradition
14. In a contract of sale of a specific horse dated April 14, 2015, seller is obligated to deliver to the
buyer the horse on May 21, 2015. A week before due date, the horse gave birth to a colt. The
colt belongs to:
a. Seller, because the sale is already perfected prior to its birth.
b. Seller, because there was no specific agreement that it shall belong to the buyer.
c. Buyer, because the fruit arose after the sale was perfected.
d. Buyer, if he pays the price in full.
15. Aileen offered for sale to Jasmine 10 cavans of sinandomeng rice. Jasmine asks Aileen the price
per cavan. Aileen told Jasmine that the price per sack is Php10.00 oveer the price in Malingas
market. The price is ---
a. Certain because it has got reference to another thing which is certain.
b. Not certain, parties will go to court.
c. Not certain because the price at Malingas Market is not stated.
d. None of the above
16. On September 10,2015, Jomar sold a piece of land to Kimberly in a private instrument. On
September 13, 2015, Kimberly paid for the price. On September 15, 2015, Kimberly took
possession of the land. On September 22, 2015, Kimberly registered the sale after asking Jomar
to execute the contract in public instrument. Under the circumstance, Kimberly became the
owner on:
a. September 10, 2015
b. September 13, 2015
c. September 15, 2015
d. September 22, 2015
17. Refer to the preceding no. Kimberly had the sale contract registered with the Registry of
Deeds
a. The sale is perfected.
b. The sale became valid and enforceable to the whole world.
c. She acquired ownership of the land.
d. Constructive notice is given to third persons of her acquisition of ownership by sale.
18. Consideration in sale:
Statement No. 1: if the price is grossly inadequate, the contract of sale is affected. And if the
price is absolute simulated, the contract is void.
Statement No. 2: The fixing of the price can never be left to the discretion of one of the parties.
However, it may be fixed by a third person.
 a. Both are true.
b. Both are false.
c. No. 1 is true; No. 2 is false
d. No. 1 is false; No. 2 is true
19. This is a kind of constructive delivery where the vendor remains in possession of the property
sold, such as by virtue of a lease agreement with the vendee.
a. Traditio longa manu.
b. Tradtio brevi manu.
c. Traditio constitum possessorium
d. None of the above.
20. After 24 hours, Cherry sold the same condominium unit to peach. Which statement correctly
describes the consequences of Cherry not keeping her promise.
a. She is liable to Apple for damage breach of contract of sale.
b. She is liable for Apple for damages for breach of the option contract.
c. She is not liable because the sales contract has not yet been perfected.
d. She is not liable provided she can imburse the Php3,000 to Apple.
21. If the Php3, 000will be treadted aspart of the price in the event Apple commits to buy the condo
unit, such sum is considered as
a. Option money
b. Earnest money
c. Amortization
d. Equity
22. In order to obligate the seller to turn over the condominium unit in exact order and condition as
descreibed in the brochure---
a. It is sufficient that the buyer accepts within the period given to perfect the sales.
b. The buyer must sepecify in the contract of sale the sellers warranry that the actual unit
corresponds with the description in the brochure.
c. The seller must expressly bind himself to such warranty in the contract.
d. The contract must be in public instrument and duly registered with the Registry of
Deeds.
23. Mr. Gray orders for his workers 1,000 pieces of T-shirts ranging from small to large from Novo
Garnments Mfg. Corporation. The specific sizes, although not then available, are manufactured
by the said corporation and consigned to its sales outlets regularly. The contract entered into by
Mr. Gray with Novo Garnments Mfg. Corporation is:
a. Contract for a piece of work.
b. Contract subject to resolutory condition.
c. A contract of sale.
d. A contract to sell.
24. Justine bought a refrigerator on installment from Iya and to secure his indebtedness, Justine
executed a chattel mortgage on the refrigerator in favor of Iya. Upon default by Justine on his
two (2) payments, the refrigerator was foreclosed and sold for Php8, 000 which was less than
the balance of Php10, 000 due to Iya.
 a. Php2, 000
b. Php10, 000
c. Php8, 000
d. Nothing
25. Delivery of movable may be made by the delivery of the keys of the place or depository where
the movables are kept or restored. This kind of delivery is called:
a. Tradition Longa manu
b. Traditio brevi manu
c. Traditio simbolica
d. Traditio constitutum possessorium
26. For the piece of a basket of dragon fruits delivered to her, Marisol paid Nathalia 10 glasses of
fresh carabao milk. The transaction is characteristic of----
a. Sale
b. Simple Loan
c. Barter
d. Facio ut facias
27. In payment of the jewelry delivered to her, Donya Ina cut Aloha a check in the amount
corresponding to the price. The sale is consummated---
a. Upon issuance of the check to Aloha.
b. Upon acceptance of the check by Aloha.
c. Upon encashment of the check by the drawee bank.
d. Upon delivery of the jewelry to Donya Ina and accept of the check by Aloha.
28. In the previous number, can Alohaefuse payment by bank check and insist on payment by cash?
a. Yes, because bank check is not legal ender.
b. Yes, because price is only payable in money.
c. No, because check is the equivalent of money.
d. No, because bank check is as good as cash.
29. The sale of cough syrup, an over-the-counter drug, to a minor is---
a. Valid, as the sale involves necessaries.
b. Voidable, as the buyer is legally incapacitated.
c. Void, as the object is illicit because it is addictive.
d. Unenforceable, as the sale is oral.
30. In emptio Espei, the obligation to pay the price is----
a. Subject to the realization of the hope or expectancy.
b. Absolute and simultaneous with the obligation to deliver gthe determinate thing.
c. Suspended until fulfillment of the condition.
d. Inefficacious if the hope did not come true.
31. Max purchased 500 ready-to-wear shirts from an actual sample shown in the group in the shop
of LITO. When the big order was delivered to MAX, he discovered that although the items
shippes correspond with the actual sample in termsof size and colors, some of the shirt are
made out of a different fabric which is coarse and stiff. If nothing in the contract is mentioned
 about the right of the seller to return the goods, can MAX return the shirts made out of different
fabric to LITO?
a. No, because the shirts although made from different material is still merchantable.
b. No , because the shirts are not exactly damaged or defective
c. Yes, because there is fraud on the part of LITO.
d. Yes, because of the warranty that the actual item correspond to the goods shipped by
sample and description.
32. Sale of a sweepstake ticket for draw next week.
a. Valid, it involves sale of emtio spei.
b. Voidable, subject to the winning of prices.
c. Unenforceable.
d. Void.
33. A sale between husband and wife is valid in which of the following cases?
a. When a separation of property has been agrred upon in the marriage settlements or
when there has been a judicial separation of property.
b. When price of the sale is a moderate amount.
c. When the object of the sale is a necessary such as food or clothing.
d. When the spouses are living separately.
34. These statements are presented to you:
I. It is part of the purchase price.
II. It is paid before the contract of sale is perfected.
III. When given, it entitles the party making the payment to hold the recipient from offering
the object of the contract to other persons within the period agreed upon.
IV. It is a proof of the perfection of the contract of sale.

Based on the foregoing statements, which of the following is true?

a. I and III refer to option money.

b. II and III refer to option money.
c. II and IV refer to earnest money.
d. III and IV refer to option money.
35. In three of the following case, the buyer is not entitled to suspend the payment of the price.
Which one will give him the right to suspend payment?
a. Disturbance in the possession or ownership of the thing purchased.
b. The seller gives him security for the return of the price.
c. It has been stipulated that the buyer shall pay the price not withstanding anyu
disturbance.
d. The disturbance is a mere act of trespass.
36. Which of the following is not essential element of sale?
a. Licit object
b. Consent
c. Price
 d. Warranty
37. The following items pertain to either emptio rei speratae or emptio spei.
I. The sale of a future thing.
II. The sale of hope or expectancy
III. The sale of a present thing
IV. The thing sold must come into existence.
Based on the above information, which of the following is correct?
a. Items I and II pertain to emtio rei speratae.
b. Items II and II pertain to emtio spei.
c. Items II and III pertain to emtio rei speratae.
d. Items II and IV pertain to emptio spei.
38. The following may not be valid objects of a contract of sale, except:
a. Objects outside the commerce of men.
b. Illicit things.
c. Future Goods.
d. Impossible service.
39. (a) Exact fulfillment of the obligation should vendee fail to pay.
(b) Cancel the sale, should vendees failure to pay cover two or more installments
(c ) Foreclosure of chattel mortgage on the thing sold.