Philippine Bar review · Question

Practice question: Requisites and Characteristics

Multiple Choice Hard

Practice question

One mortgage secures a single debt over a parcel. The debtor pays one-third and demands automatic release of a corresponding physical third of the land. No agreed allocation of determinate portions of the debt to distinct properties or other release term exists. What is the governing principle?
  1. Every partial payment automatically partitions the mortgage.
  2. The creditor must return the whole security after any payment.
  3. Only the debtor’s preferred boundary controls.
  4. A mortgage is generally indivisible, so partial payment does not alone require proportionate release on these facts.
  5. The creditor becomes owner of the remaining two-thirds without foreclosure.

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.