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Philippine Bar review · Question

Practice question: Creation, Perfection, and Priority of Security Interest

Multiple Choice Hard

Practice question

A purchase-money lender financing inventory perfects only after the grantor receives it and never gives the holder of a conflicting perfected inventory interest the required advance written notification. It nevertheless claims Section23(c) priority solely because it financed acquisition. Which is correct?
  1. The claimed special priority lacks the stipulated perfection and advance-notification conditions
  2. Purchase-money status alone invariably overrides every condition
  3. Notice after default always counts as advance notice
  4. The earlier creditor’s perfection is legally irrelevant in every case
  5. The grantor can cure priority retrospectively by oral declaration

Legal references

  • RA11057 PPSA: https://lawphil.net/statutes/repacts/ra2018/ra_11057_2018.html Sections18(c),(e),19–20,22–23.

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