Question Set No.

What are the essential and common requisites to contracts of pledge and mortgage?
What is a pledge?
What are the kinds of pledge?

Question Set No. 2

What are the characteristics of a contract of pledge?

What is the cause or consideration in a contract of pledge?
May a contract of pledge exist without a valid obligation?

Question Set No. 3

May a contract of pledge guarantee a voidable, unenforceable, or natural obligation?

Art. 2086, 2052
May a contract of pledge be constituted over property that does not belong to the
pledgor?
True or False. A pledge may be constituted over future property.

Question Set No. 4

True or False. A pledge may be constituted on property acquired subsequently.

May an object which is co-owned pledged by one of the co-owners?
It is said that in order for a pledge to be valid and binding, it must be constituted by
one who has the free disposal of the property? What does the phrase free disposal of
the property mean?

Question Set No. 5

What are the distinctions between a contract of pledge and mortgage?

What is a pactum commissorium?
True or False. A pactum commissorium in a contract of pledge will be valid if it was
voluntarily and freely agreed upon, with full awareness of the legal consequences
thereof.

Question Set No. 6

A and B entered into a contract of pledge, whereby it was agreed that in case of nonpayment, the mortgaged property agreed that in case of non-payment, the mortgaged
property shall be considered in full payment without further action in court. Is the
agreement valid?
Who bears the risk of loss over the property pledged?
Will the principal obligation be extinguished by the loss of the property pledged?

Question Set No. 8

A borrowed from B and C P20,000.00 and to guarantee payment, A pledged his

diamond ring worth P15,000.00 and a pair of earrings worth P5,000.00. If A pays B
P15,000.00, may A ask B for the return of the ring?
A and B jointly liable to C in the sum of the P20,000.00 secured be As ring worth
P15,000.00 and Bs watch worth P5,000.00. If A pays C P15,000.00, can A demand the
return of the ring?
True or False. A contract of pledge may only secure pure obligations. They cannot
secure obligations subject to a suspensive or resolutory condition.

Question Set No. 9

True or False. A promise to constitute pledge or mortgage creates no real right.

What criminal liability will be incurred by a person who, pretending to be the owner of
any real property, shall convey, sell, encumber or mortgage the same or knowing that
the real property is encumbered shall dispose of the same as unencumbered.
What requisites must be fulfilled in order for the contract of pledge to be valid and
binding as against third persons?

Question Set No. 11

What are the obligations of the pledgee with respect to the thing pledged?
May the pledgee deposit the thing pledge with a third person?
May the pledgee be held liable for damages to the thing pledged caused by his
employees?

Question Set No. 13

D borrowed from C P1,00.00 at 12% interest, with certificates of stocks as security. The
interest is payable six months after the execution of the contract. If the stocks earn
dividends, may C apply them to the interest due?
True or False. The pledgee who is in possession of the thing pledged may use the same
while it is in his control.
What are the instances when the pledgor may demand the return of the thing pledged?

Question Set No. 14

When may the pledgee request for the sale of the object pledged?
When may the pledgee demand the substitution of the thing pledged?
True or False. The pledgor may not bid in the auction for the sale of his property.

Question Set No. 15

What are the causes for the extinguishment of the pledge?

True or False. The possession by the debtor or owner of the thing pledged subsequent
to the perfection of the pledge gives rise to a prima facie presumption that the pledge
has been extinguished.

What are the formalities that must be observed in the sale of the thing pledged?

Question Set No. 16

What remedies may the pledgee avail of in case he is deceived as to the quality and
substance of the thing pledged?
What are the effects of the sale of the thing pledged?
In case of the sale of the thing pledged, may the debtor claim the excess of the
proceeds of the sale?

Question Set No. 18

What are the rights of a third person who pays for the debt?
What are the essential and common requisites to contracts of pledge and
mortgage?
What are the requisites or elements for a pactum commissorium to exist?

Question Set No 19

What is a pactum commissorium?

What are the characteristics of a contract of pledge?
Who bears the risk of loss over the property pledged?