1. B bought a refrigerator on installment from S 6. When the mortgage is due and remains to to secure his indebtedness, B executed a unpaid, can the Mortgagee appropriate the mortgaged chattel mortgage on the refrigerator in favor of property? FIRST ANSWER: No, the only right of the S. Upon default by B on his two ( 2) payments, mortgagee-creditor is to foreclose the mortgage. SECOND the refrigerator was foreclosed and sold for ANSWER: YES if there is stipulation in the mortgage P8,000 which was less than the balance due to S. How much can S still collect from B? contract allowing the mortgagee-creditor to appropriate the property mortgaged a. P2,000 a. First answer correct, second answer wrong b. P8,000 b. First answer wrong second answer correct c. P10,000 c. both answers are wrong d. nothing d. both answers are correct 2. A sold his car for the price of P2 M to B who 7. Which of the following statements is true and correct? shall pay P.5 M and deliver to B his land as consideration for the sale. There is: a. Pledge and mortgage are accessory contracts because they cannot exist by themselves. a. Partly sale and partly barter b. In both pledge and mortgage, the creditor is entitled to b. Barter deficiency judgment c. Innominate contract c. Where an obligation is secured by a pledge or mortgage and d. sale it is not paid when due, the pledgee or mortgagee may dispose of the thing pledged or mortgaged if there is an agreement to 3. Where it is stipulated that the repurchase of that effect between the parties. the property sold could be made at any time, the d. Unless otherwise agreed upon by the parties, the sale of the repurchase shall be exercised mortgage property extinguishes in full the obligation of the mortgagor to the mortgage. a. Within 4 years from the date of the contract b. Within ten years from the date of the contract 8. Statement I. A deposit is an onerous contract. Statement c. after ten years from the date of the contract II. The depositor need not be the owner of the thing d. none of them deposited because the purpose of the contract is 4. The distinction between antichresis and safekeeping and not transfer of ownership. pledge or mortgages a. Only I is true b. Only II is true a. It is an accessory contract c. Both are true b. it is a formal contract d. Both are false c. constituted to secure a loan d. no answer given 9. Deposit is extinguished by any of the following, except 5. O gets a loan of P100,000 from P which a. Upon the loss or destruction of the thing deposited becomes due on June 23, 2022 and mortagaged b. In case of gratuitous deposit, upon the death of either the his house as security for the debt. On April 23, depositor or depositary 2022, the mortgaged house was completely c. by novation destroyed by fire. A week after, P demanded d. both a and b payment from O on April 30, 2022. Is P's 10. X checked in a hotel carrying some valuable demand valid? things. The hotel keeper may be liable in case of loss of the same, under the following circumstances, except a. No, because the obligation is one with a definite a. He must notify the hotel keeper of the said effects or period and the demand would be prejudicial to the valuables rights of the debtor. b. No, the obligation is extinguished because the b. He must take precautions which said hotel keeper or its object of the obligation is lost through fortuitous substitutes advised relative to the care and vigilance over the event same c. Yes, the debt becomes demandable because the c. He must pay for the storage fee period established is for the benefit of the creditor d. both a and b11. X is a guest at a hotel. He parked his car at the parking area of the hotel .The car was carnapped by one of the guards of the hotel. Is the hotel keeper liable for damages? a. Yes. the hotel keeper is liable for the vehicle which has been introduced or placed in the annexes of the hotel. b. No. The hotel keeper is not liable because a parking area is not an annex of the hotel. c. Yes. the hotel keeper is liable because the guest paid for the parking fees. d. No. The hotel keeper is not liable because the vehicle is not a proper subject matter of a deposit. 12. Suppose in number #11, it was a group of armed men which took the car to the extent of killing the guard. Is the hotel keeper liable? a. No, because the loss was due to force majeure. b. Yes, because the hotel keeper is liable under all circumstances c. No, because the loss was will exempt the hotel keeper from liability d. Yes because the hotel keeper is liable for security lapses. 13. The hotel keeper is not liable for the loss of the things belonging to the guests under the following circumstances, except a. When the loss is due to the acts of the guests, his family, servants or visitors b. When the guest assumed the risk of loss c. both a and d d. When it arises from the character of the things brought into the hotel 14. A is a guest in D' hotel. In the lobby there was a notice that D'hotel would not be liable in any way for the loss of A's effects. Subsequently, the bell boy stole A's watch. a. D'hotel is not liable because the guests are forewarned and notified that in case of loss, the hotel is not liable. b. D' hotel is not liable because the guests are negligent. c. D'hotel is liable in any way for the loss of A's effects because the hotel cannot free himself from responsibility by posting notices to the effect that he is not liable for the article brought by the guest. d. D'hotel is liable for the loss of A's effects because the hotel must take care of the property of the guest with the diligence of a good father of a family. 15. A was a transient in Ariana Hotel. A left the hotel without settling his account but forgot one suitcase in the hotel. a. The hotel has the right to retain the suitcase as security for the payment of A's unpaid account b. The hotel has the right to retain the suitcase but not the right to sell c. The hotel has no right to retain the suitcase as the remedy is to exact fulfillment d. The hotel has no right to retain the suitcase because the hotel is only given the right to file criminal case for ESTAFA against the guest