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The key takeaways are the similarities and differences between pledge, real estate mortgage and chattel mortgage, as well as the requisites and rules governing contracts of pledge and mortgage.

The similarities between pledge, real estate mortgage and chattel mortgage are that they must secure the fulfillment of a principal obligation and the pledgor/mortgagor must be the absolute owner of the thing pledged/mortgaged with the free disposal of their property.

The requisites of a contract of pledge and mortgage are: 1) They must be constituted to secure the fulfillment of a principal obligation. 2) The pledgor/mortgagor must be the absolute owner of the thing pledged/mortgaged. 3) The persons constituting the pledge/mortgage must have the free disposal of their property, and in the absence thereof, they must be legally authorized for the purpose.

ReSA - THE REVIEW SCHOOL OF ACCOUNTANCY

CPA Review Batch 45  May 2023 CPA Licensure Examination


RFBT-09
REGULATORY FRAMEWORK for BUSINESS TRANSACTIONS J. DOMINGO  N. SORIANO

LAW ON CREDIT TRANSACTIONS


SIMILARITIES BETWEEN PLEDGE, REAL ESTATE MORTGAGE AND CHATTEL MORTGAGE

REQUISITES OF CONTRACT OF PLEDGE AND MORTGAGE:


1. That they be constituted to secure the fulfillment of a principal obligation;
2. That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged;
3. That 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.

Accessory contract: a pledge or mortgage, being an accessory contract, cannot exist without a valid obligation or a
principal contract.

Nevertheless, similar to a guaranty, a pledge or a mortgage may be constituted to guarantee the performance of a voidable
or an unenforceable contract. It may also guarantee a natural obligation.

It is also of the essence of these contracts that when the principal obligation becomes due, the things in which the pledge or
mortgage consists may be alienated for the payment to the creditor.

The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or
resolutory condition.

THIRD PERSONS who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own
property.

AUTOMATIC APPROPRIATION PROHIBITED: PACTUM COMMISSORIUM – VOID: The creditor cannot appropriate the
things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void.

The stipulation is otherwise known as Pactum Commissorium.

INDIVISIBILITY OF CONTRACT: A pledge or mortgage is indivisible, even though the debt may be divided among the
successors in interest of the debtor or of the creditor.

Therefore:
1. The debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage
as long as the debt is not completely satisfied.
2. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice
of the other heirs who have not been paid.

The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable.

Rule of Indivisibility NOT applicable: If there being several things given in mortgage or pledge, each one of them guarantees
only a determinate portion of the credit.

The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which
each thing is specially answerable is satisfied.

PLEDGE

PLEDGE is a contract by virtue of which the debtor delivers to the creditor or to a third person movable (Art. 2094) or document
evidencing incorporeal rights (Art. 2095) for the purpose of securing the fulfilment of a principal obligation with the
understanding that when the obligation is fulfilled, the thing delivered shall be returned with all its fruits and accessions.

Delivery: in addition to the above-mentioned essential requisites of contracts of pledge or mortgage, it is necessary, in order
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.

KINDS OF PLEDGE:
1. Voluntary or conventional – created by agreement of the parties; or
2. Legal – created by operation of law.

CHARACTERISTICS:
1. REAL CONTRACT – perfected by the delivery of the thing pledged;
2. ACCESSORY CONTRACT – no independent existence of its own;
3. UNILATERAL – creates an obligation solely on the part of the creditor to return the thing;
4. SUBSIDIARY – obligation incurred does not arise until the fulfilment of the principal obligation which is secured.

CAUSE OR CONSIDERATION:
1. Pledgor/debtor – the principal obligation;
2. Pledgor not the debtor – compensation stipulated or mere liberality.

OBJECT:
1. Movable property;
2. Incorporeal rights, evidenced by negotiable instruments, bills of lading, shares of stock, bonds, warehouse receipts and
similar documents may also be pledged. The instrument proving the right pledged shall be delivered to the creditor, and if
negotiable, must be indorsed.

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
Rules:
1. Within the commerce of man and capable of possession;
2. If the pledge earns or produces fruits, income, dividends, or interests, the creditor shall compensate what he receives with
those which are owing him; but if none are owing him, or insofar as the amount may exceed that which is due, he shall
apply it to the principal.
3. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged.
4. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject
to the pledge, if there is no stipulation to the contrary.
5. Unless the thing pledged is expropriated, the debtor continues to be the owner thereof.
6. Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from,
or defend it against a third person.

Deposit of the Thing Pledged with a Third Person:


1. On the part of the pledgee – if there is stipulation granting such right;
2. On the part of the pledgor:
a. If through the negligence or willful act of the pledgee, the thing pledged is in danger of being lost or impaired.
b. If the pledgee uses or misuses the thing.

Fear of destruction, loss or impairment WITHOUT pledgee’s fault


1. The pledgor may demand the return of the thing, upon offering another thing in pledge, provided the latter is of the
same kind as the former and not of inferior quality; or
2. The pledgee may cause the same to be sold at a public sale.

The proceeds of the auction shall be a security for the principal obligation in the same manner as the thing originally pledged.

The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged.
Form: there is no form required to constitute a contract of pledge.
In order to affect third persons:
1. There must be a public instrument
2. The public instrument contains:
a. The description of the thing pledged; and
b. the date of the pledge.

Alienation (Sale) of the thing pledged: is allowed with the consent of the pledgee.
• The ownership of the thing pledged is transmitted to the vendee or transferee as soon the pledgee consents to the
alienation,
• But the creditor-pledgee shall continue in possession.

Creditor-pledgee:
1. The creditor shall take care of the thing pledged with the diligence of a good father of a family;
2. He has a right to the reimbursement of the expenses made for its preservation, and is liable for its loss or deterioration, in
conformity with the Civil Code.
3. The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged.
4. If the creditor is deceived on the substance or quality of the thing pledged, he may either claim another thing in its stead,
or demand immediate payment of the principal obligation.

Use of the Thing Pledged:


General Rule: The creditor cannot use the thing pledged, without the authority of the owner.
Exceptions:
1. Authority from the owner (pledgor); or
2. When the preservation of the thing pledged requires its use, it must be used by the creditor but only for that purpose.
Use (when there is no right) or misuse will authorize the owner may ask that the thing be judicially or extrajudicially deposited.

Pledgor:
1. The pledgor who, knowing the flaws of the thing pledged, does not advise the pledgee of the same, shall be liable to the
latter for the damages which he may suffer by reason thereof.
2. The debtor cannot ask for the return of the thing pledged against the will of the creditor, unless and until he has paid the
debt and its interest, with expenses in a proper case.

Extinguishment of a Contract of Pledge: can be by any mode of extinguishment of obligations or the extinguishment of the
principal obligation or contract, but also:
1. Thing Pledged is Returned: If the thing pledged is returned by the pledgee to the pledgor or owner, the pledge is
extinguished. Any stipulation to the contrary shall be void.
Presumption: If subsequent to the perfection of the pledge, the thing is in the possession of the pledgor or owner, there is
a prima facie presumption that the same has been returned by the pledgee. This same presumption exists if the thing
pledged is in the possession of a third person who has received it from the pledgor or owner after the constitution of the
pledge.
2. Renunciation or Abandonment of Pledge: A statement in writing by the pledgee that he renounces or abandons the
pledge is sufficient to extinguish the pledge. 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.

Foreclosure sale:
1. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the
thing pledged.
2. This sale shall be made at a public auction, and
3. With notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public
sale is to be held.

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
Creditor’s right of appropriation:
1. If at the first auction the thing is not sold, a second one with the same formalities shall be held; and
2. If at the second auction there is no sale either, the creditor may appropriate the thing pledged.

In this case he shall be obliged to give an acquittance for his entire claim.

Pledgor’s Right to bid: At the public auction, the pledgor or owner may bid. He shall, moreover, have a better right if he
should offer the same terms as the highest bidder.

The pledgee may also bid, but his offer shall not be valid if he is the only bidder.

All bids at the public auction shall offer to pay the purchase price at once. If any other bid is accepted, the pledgee is deemed
to have been received the purchase price, as far as the pledgor or owner is concerned.

Sale of the thing; proceeds thereof:


1. 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.
2. If the price of the sale is less, the creditor shall not be entitled to recover the deficiency, notwithstanding any
stipulation to the contrary.

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

Credit as the object of a contract of pledge: If a credit which has been pledged becomes due before it is redeemed, the
pledgee may collect and receive the amount due. He shall apply the same to the payment of his claim, and deliver the surplus,
should there be any, to the pledgor.

Other Rules:
1. After the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof.
2. Any third person who has any right in or to the thing pledged may satisfy the principal obligation as soon as the latter
becomes due and demandable.
3. If two or more things are pledged, the pledgee may choose which he will cause to be sold, unless there is a stipulation to
the contrary. He may demand the sale of only as many of the things as are necessary for the payment of the debt.
4. If a third party secures an obligation by pledging his own movable property, he shall have the same rights as a guarantor
to be:
a. Indemnified for the total amount of the debt, including interest, expenses or damages, if they are due;
b. Subrogated to all the rights the creditor had against the debtor;
c. He is not prejudiced by any waiver of defense by the principal obligor.
5. With regard to pawnshops and other establishments, which are engaged in making loans secured by pledges, the special
laws and regulations concerning them shall be observed, and subsidiarily, the provisions of this Title.

REAL ESTATE MORTGAGE

OBJECT: Only the following property may be the object of a contract of mortgage:
(1) Immovables;
(2) Alienable real rights in accordance with the laws, imposed upon immovables.

Nevertheless, movables may be the object of a chattel mortgage.

Form: there is no form required to constitute a contract of real estate mortgage.

In order to affect third persons:


1. There must be a public instrument containing the description thereof; and
2. The same should be recorded in the Registry of Property.

The creditor-mortgagee has no other right than to demand the execution and the recording of the document in which the
mortgage is formalized.

Object: The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet
received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the
insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications and
limitations established by law, whether the estate remains in the possession of the mortgagor, or it passes into the hands of a
third person.

Principal Obligation Covered:


General Rule: covers only that which is stated in the deed even if less than the amount of loan.
Exception: if there is stipulation to cover future advancements called a dragnet clause.

Mortgage credit is transferable: The mortgage credit may be alienated or assigned to a third person, in whole or in part,
with the formalities required by law.

Pactum de non-aliendo: the owner is allowed to alienate the immovable property mortgaged. A stipulation
prohibiting/forbidding such right is called pactum de non-aliendo and is considered void.

Third party transferee: Buyers or transferees of the property mortgaged are not affected by an unregistered mortgage.
However, if the mortgage is registered (Art. 1312) they are
1. Bound by a foreclosure sale on the property
2. Not bound to answer the deficiency
3. Unless there is novation in the person of the debtor

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
Foreclosure: in case of non-payment of the principal obligation, the creditor-mortgagee may foreclose the mortgage either:
1. Judicially – under Rule 68 of the Rules of Court;
2. Extra-judicially – under Act No. 3135.

Notice of Foreclosure Sale:


1. Extrajudicial – not required, unless stipulated.
2. Judicial - Posting in 3 public places at least 20 days prior to sale and publication of the notice of sale in a newspaper of
general circulation.

Proceeds: if the proceeds of the foreclosure sale:


1. Is more than the unpaid amount – the mortgagor shall be entitled to the excess;
2. Is less than the unpaid amount – the mortgagee shall be entitled to recover the deficiency.

The generic treatment is that the mortgage is still a separate contract and merely stands as a means to recover the unpaid
amount. That’s why any excess is returned to the mortgagor and any deficiency, the debtor remains liable thereto.

Redemption: exists only in Real Estate Mortgage foreclosures. The period to redeem shall depend if the foreclosure is:
1. Extrajudicial:
a. General Rule: 1 year from date of foreclosure
b. Exception: Under the General Banking Law, 3 months from sale or registration of the certificate of sale, whichever is
earlier, whenever:
i. The debtor – juridical person
ii. The creditor – bank

2. Judicial – although the Rules of Court provide that the equity of redemption is 90 to 120 days, it has been held that the
equity of redemption exists as long as there is no confirmation of sale by the court.

CHATTEL MORTGAGE

CHATTEL MORTGAGE: personal property is recorded in the Chattel Mortgage Register as a security for the performance of an
obligation.

If the movable, instead of being recorded, is delivered to the creditor or a third person, the contract is a pledge and not a chattel
mortgage.

Affidavit of Good Faith: stating that the parties swear that the mortgage is made for the purpose of securing the obligations
specified in the conditions thereof, and for no other purposes, and that the same is a just and valid obligation and not one
entered into for purposes of fraud, is also required under the law. Making it a formal contract.

However, the absence of such affidavit or the non-recording should one exist, does not affect the validity of the contract as
between the parties, it only makes the contract non-binding to third persons who acted in good faith. While, it is a formal
contract, the absence of an affidavit of good faith would make the parties in pari delicto that would have no remedy against
each other, thus having the effect of leaving the chattel mortgage in place.

To affect third persons: there must be an Affidavit of Good Faith and the same is registered with the Chattel Mortgage
Registry; or the MARINA – in case of vessels; and in case of vehicles with a report to the Land Transportation Office.

Coverage: shall be the debts existing at the time the contract was entered into and indicated in the Affidavit of Good Faith. As
a rule, an amendment of the Affidavit shall be necessary to cover subsequent obligations.

Disposal of the object during the pendency of the mortgage: is considered a criminal act under Art. 319 of the Revised
Penal Code: Removal of Mortgaged Property.

Foreclosure: shall be done extrajudicially. Rule 68 of the Rules of Court does not apply to foreclosure of a chattel mortgage.

Notice: Required 10 days prior to sale; Posting in two or more public places 10 days before auction.

Proceeds of Foreclosure Sale: if the amount of the proceeds of foreclosure sale:


1. Is more than the unpaid amount – the excess shall belong to the mortgagor;
2. Is less than the unpaid amount:
a. General Rule: the creditor is entitled to the deficiency;
b. Except: if the object is the subject matter of a sale in installment and covered by the Recto Law which prohibits
collection of unpaid amount once the creditor (unpaid seller) already foreclosed the chattel mortgage on the property
itself.

Redemption: there is no right of redemption that exists in a foreclosure of chattel mortgage.

DISTINCTIONS

PLEDGE REAL ESTATE MORTGAGE CHATTEL MORTGAGE


Object Personal property susceptible of Real property but extends to the Personal property subject
possession including incorporeal natural accessions, improvements, thereof
rights growing fruits, and the rents or income
not yet received when the obligation
becomes due, and to the amount of
indemnity from insurance or from
expropriation

And may include after acquired


properties as per stipulation.

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
PLEDGE REAL ESTATE MORTGAGE CHATTEL MORTGAGE
Perfection Delivery Consensual but covered by the statute Formal
of frauds
Public instrument required to bind Affidavit of Good Faith registered
third parties Public instrument that is registered in in the Chattel Mortgage Registry
the Registry of deeds is required to in the Registry of Deeds required
bind third parties to bind third parties.

For vessels – registration is with


the MARINA

For motor vehicles - + report to


the LTO

Possession Transferred to the pledgee Retained by the mortgagor Retained by the mortgagor

Return of the thing pledged by the


pledgee to the pledgor shall result
in extinguishment of the contract
of pledge.

Principal That which is existing at the time Generally, covers only that which is Those indicated in the Affidavit
obligation covered of the pledge stated in the deed even if less than the of Good Faith unless there is
amount of loan. Exception: if there is stipulation as to increase in
stipulation to cover future coverage which will be binding
advancements. but the security itself arises only
after amending the old contract.

Sale of the thing Valid as long as with consent of Valid – any stipulation to the contrary Mortgagor-owner cannot sell the
during the the creditor/pledgee who shall is void. property mortgaged otherwise
pendency of the continue in possession even if the he can be criminally liable under
contract ownership is transferred to the Art. 319 of the RPC: Removal of
buyer. Mortgaged Property.

Sale of the thing Done by notary public – public Extrajudicial (Act No. 3135) or judicial Extrajudicial (Act No. 1508)
to answer for the auction – always extrajudicial – (Rule 68)
debt no intervention of the courts.

Notice of sale to Required – stating the amount Extrajudicial – not required, unless Required 10 days prior to sale
the mortgagor/ due stipulated.
pledgor Posting in two or more public
In a legal pledge, a demand for Judicial Posting in 3 public places at places 10 days before auction
the amount is required and least 20 days prior to sale and
foreclosure must be made within publication of the notice of sale in a
1 month from such demand. newspaper of general circulation

Creditor’s right to The creditor is entitled to the Creditor is not entitled to the excess Creditor is not entitled to the
excess of selling excess EXCEPT: excess
price over unpaid 1. There is stipulation to the
obligation contrary; and
2. In case of legal pledges

Creditor’s right to The creditor is NOT entitled to Creditor can recover deficiency Creditor can recover deficiency
recover deficiency recover any deficiency unless covered by the RECTO
LAW (i.e., sale of personal
property on installment)

Redemption No right of redemption EXTRAJUDICIAL FORECLOSURE: No right of redemption after


1 year from date of foreclosure, foreclosure sale.

except:
1. Creditor is a bank
2. Debtor is a juridical person

In which case the redemption period is


until the registration of the foreclosure
sale, not exceeding 3 months.

JUDICIAL FORECLOSURE:
90-120 days or until the court confirms
the sale

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
1. The following are essential to a contract of pledge and mortgage, except:
A. That they be constituted to secure the fulfillment of a principal obligation.
B. That the pledgor or mortgagor be the absolute owner of the thing pledged at the time the
obligation to deliver the same arises.
C. That 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.

2. A mortgage or pledge may be constituted to secure all of the following, except:


A. Voidable contract
B. Unenforceable contract
C. Natural obligation
D. Void contract

3. A void stipulation allowing the creditor to appropriate the things given by way of pledge or
mortgage or dispose of them.
A. Pactum leonine
B. Pactum commissorium
C. Pactum de non-aliendo
D. Dacion en pago

4. D1 and D2, joint debtors, executed a contract of pledge in favor of C, delivering a diamond ring
and a gold watch, as security for his loan amounting to P250,000. Without the debt being paid, C
died leaving X and Y, his sole heirs; D1 eventually made a payment to X representing his share of
the debt owed to C. Which of the following is true?
A. X can partially release either of the things pledge since his share in the loan inherited from C
has already been paid.
B. D1 can ask for the proportionate extinguishment of the pledge since D1 and D2 are not solidary
debtors.
C. D1 can ask for the release of either the diamond ring or the gold watch by virtue of his payment
of his share in the loan.
D. D1 cannot ask for the release, and X is not authorized to return, any of the objects.

5. Which of the following is false?


A. The creditor can use the thing pledged, even without the authority of the owner.
B. If the pledgee uses the thing pledged without authority, the owner may ask that it be judicially
or extrajudicially deposited.
C. When the preservation of the thing pledged requires its use, it must be used by the creditor
but only for that purpose.
D. If the creditor is deceived on the substance or quality of the thing pledged, he may either claim
another thing in its stead, or demand immediate payment of the principal obligation.

6. First statement: As a rule, the pledgee has a right to deposit the thing pledged to a third person
unless there is stipulation to the contrary.
Second statement: Any agent or employee of the pledgee dealing with the thing pledge is solely
responsible for any damage caused by him.
A. Both statements are true
B. Both statements are false
C. Only the first statement is true
D. Only the second statement is true

7. First statement: A statement in writing by the pledgee that he renounces or abandons the pledge
extinguishes the pledge upon receipt of the pledgor of the thing pledged.
Second statement: The acceptance by the pledgor or owner, or the return of the thing pledged is
necessary to extinguish the pledge.
A. Only the first statement is correct
B. Only the second statement is correct
C. Both statements are incorrect
D. Both statements are correct

8. If the principal obligation remains unsatisfied, the pledgee-creditor can have the pledge foreclosed.
Who will conduct the foreclosure sale?
A. Pledgee C. Notary Public
B. Judge D. Sheriff

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ReSA – THE REVIEW SCHOOL OF ACCOUNTANCY
LAW on CREDIT TRANSACTIONS RFBT-09
9. First statement: If the thing pledged is not sold at the public auction, a second one with the same
formalities shall be held.
Second statement: If at the second auction there is still no sale, the creditor may appropriate the
thing pledged.
A. Both statements are correct
B. Both statements are incorrect
C. Only the first statement is correct
D. Only the second statement is correct

10. A pledged his diamond ring to secure his debt to B amounting to P20,000. A was not able to pay
the said debt. Which of the following is incorrect if B sold the ring at a public auction?
A. If the ring sold for P25,000, B would be entitled to the excess if there is stipulation to that
effect
B. If the ring sold for P18,000, B would be entitled to the deficiency if there is stipulation to that
effect
C. Whether or not the ring was sold for more or less than the amount of the loan, the loan shall
be extinguished.
D. None of the above.

11. The sale of the thing subject of a legal pledge shall be done only after a demand is made for the
amount for which it is retained. The public auction shall take place within _______ after such
demand.
A. 30 days C. 60 days
B. One month D. 6 months

12. D is indebted to C for P10,000 payable on November 30, 2020. To secure the obligation, D
negotiated a negotiable promissory note payable to him (D) for the amount of P15,000 due on
October 30, 2020. On October 30, 2020, and C collected on the promissory note and applied the
P10,000 to the obligation of D to him. Who would be entitled to the excess P5,000?
A. D
B. C
C. Both, equally
D. Neither

13. In this type of contract, sale of the thing subject thereof during the pendency of the contract will
result in criminal liability:
A. Pledge
B. Real Estate Mortgage
C. Chattel Mortgage
D. None of the choices

14. D bought from C a motorcycle and the same was subjected to a chattel mortgage. The terms of
payment of the sale required D to pay P10,000 as down payment and the balance of P50,000 is
payable at the end of the year. D was not able to pay the balance. C foreclosed the mortgage on
the motorcycle and at the auction, it was sold for P10,000 only. Which of the following is correct?
A. C can still collect from D the deficiency of P40,000.
B. C has the option to cancel the sale and obtain possession of the motorcycle.
C. The sale is subject to the rules under Recto Law.
D. It was improper to foreclose the chattel mortgage since the installments paid already covered
half of the total price

15. The right given to the mortgagor in the event of a judicial foreclosure to recover the thing:
A. Right of redemption
B. Right of pre-emption
C. Equity of redemption
D. Pre-emptive right

1. B 6. B 11. B
2. D 7. C 12. A
3. B 8. C 13. C
4. D 9. A 14. A
5. A 10. B 15. C

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