Log In Create Account

Philippine Bar review · Question

Practice question: Requisites and Characteristics

Multiple Choice Hard

Practice question

A mortgage deed says that one missed payment makes the mortgagee the owner without sale or further voluntary conveyance. A later lawful public foreclosure auction is separately proposed under the governing procedure. The mortgagor argues both arrangements are equally prohibited by Article 2088. What is correct?
  1. Both are prohibited because no secured property may ever be sold.
  2. The automatic appropriation clause is always valid because it is printed.
  3. The clause is prohibited pactum commissorium, while a properly conducted foreclosure is a lawful enforcement mechanism.
  4. The auction automatically validates the prohibited clause retroactively.
  5. No mortgage can be enforced after default.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2085,2087–2092 and2124–2130.
  • https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders v Tan, GR 217368, August 5 2024, main opinion: pactum commissorium distinguished from consensual later disposition.

Answer this question in flashcards to review your response and continue practicing.