Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. What is the nature of a contract which states that in case the buyer complies with the terms and conditions of the same, the seller shall execute and deliver to the buyer a deed of sale?
a. Contract of sale;
b. Contract to sell;
c. Conditional sale;
d. Installment sale.
Q. X and Y entered into a contract of sale over a parcel of land with an area of 4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in lump sum, hence, the seller should deliver the whole lot. Is the buyer correct?
a. The buyer is correct because in sale in lump sum, the whole property is sold regardless of the area;
b. The seller can be compelled to deliver the 14,475 sq. meters because it is covered by the phrase “more or less”;
c. The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase “more or less” covers only a reasonable excess deficiency;
d. The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.
Q. A, B, C, D are the co-owners of a parcel of land. A sold his undivided share to X with the knowledge of his co-owners. One (1) year after the sale, they wanted to exercise the right of legal redemption, but A and X refused. Whose contention is correct?
a. They are not entitled to exercise the right of legal redemption because the 30-day period has already lapsed as they knew of the sale;
b. They can exercise the right of legal redemption within 20-days from receipt of written notice of the sale;
c. They cannot exercise the right of legal redemption because knowledge of the sale is not equivalent to registration hence, the 30-day period has already lapsed;
d. They cannot exercise the right of legal redemption due to estoppel.
Q. A entered into a contract to sell over a residential lot. He has already paid more than 2 years installments. Thereafter, he failed to pay. What right does A have if the contract is cancelled?
a. He has the right of reimbursement of all his payments regardless of the number of years of payment;
b. He has the right to seek for a grace period of 1 month for every year of installment payments;
c. He has the right of refund of the cash surrender value of the payments on the property equivalent to 50% of the total payments made;
d. He has the right of reimbursement of 100% of his installments after payment for five (5) years.
Q. If the buyer of a subdivision lot in a contract to sell under the Maceda Lawfails to pay after payment of at least two (2) years of installments, can he still pay the balance?
a. Yes, with additional interest he can pay the unpaid installments due with a grace period of one (1) month for every year of installment payments;
b. Yes, without additional interest he can pay the unpaid installments with a grace period of one (1) month for every year of installment payments;
c. Yes, provided that he pays additional amount of penalty;
d. Yes, provided that he pays the full amount of the price.
Q. If the seller cancels the contract to sell under the Maceda Law, when will it take effect after receipt of notice of cancellation or demand for rescission by notarial act?
a. 10 days
b. 30 days
c. 20 days
d. One (1) year
Q. How often can the buyer under the Maceda Law make use of the grace period of one (1) month for every year of installment payments?
a. Every 10 years of the life of the contract and its extensions if any;
b. Every five (5) years of the life of the contract;
c. Every two (2) years of the life of the contracts;
d. There is no limit.
Q. If the buyer under the Maceda Law has paid less than two (2) years of installments, what is the grace period he is entitled to from the date the installments became due?
a. 20 days;
b. 60 days;
c. 30 days;
d. 40 days.
Q. A & B entered into a contract of lease over A’s house and lot. Without the consent of A, B assigned the lease to C. Is the assignment valid?
a. The assignment is valid because B has the right of possession over the leased property and can transfer it to anyone.
b. The assignment is void because of lack of consent of A.
c. The assignment is void because the same partakes of the nature of subjective novation which needs the consent of A.
d. The assignment is valid since it is a property of B which can be disposed of.
Q. A leased his house & lot to B who subleased it to C. B failed to pay the rentals. What does A have against C?
a. A can sue C for the rentals.
b. A can hold C liable for the rentals by suing him for ejectment.
c. A can hold C liable for the rentals, but the liability is merely subsidiary.
d. A can never make C liable for the rentals because of lack of privity between them.
Q. A constituted B as his agent to sell his property. B found C as the buyer who was willing to buy under the terms agreed upon but suddenly A changed his mind and decided not to sell the property. One week later, A and C, entered into a contract of sale over the property. Is B entitled to commission?
a. No, because when A decided not to sell, his agency was terminated;
b. No, because he was not the procuring cause;
c. Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320; Art. 19, NCC)
d. Yes, because he did not give justice to B in the exercise of his right.
Q. A and B are married. They have a joint account in a bank. They executed a survivorship agreement that upon the death of one of them, the full amount of money in their account shall become the property of the survivor. Is the agreement valid?
a. No, because it is a donation mortis causa which did not comply with the formalities of the law;
b. No, it is a donation inter vivos prohibited under Article 87, Family Code;
c. Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755)
d. No, by reason of public policy.
Q. A placed a bet of P10,000.00 that San Beda would win the NCAA basketball championship. B accepted the bet. But B refused to pay after SBC won. Is B correct?
a. Yes, because of the principle of mutuality of contracts;
b. Yes, because of the principle of liberty of contracts;
c. No, because the law prohibits betting in basketball even if it is not a game of chance;
d. Yes, because basketball is a game of skill and not of chance.
Q. A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable?
a. C can hold A liable alone as he is the registered owner of the car;
b. C can sue A and B as they are solidarily liable;
c. C can sue B alone as the execution of the document of sale and delivery of the car conferred ownership upon him;
d. C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable.
Q. A constructed a building for B. Twenty-five (25) years thereafter, the building collapsed due to lack of necessary repairs resulting in the death of 10 tenants of the building. Who is liable?
a. the architect
b. A, the contractor.
c. the engineer
d. B.