Philippine Bar review · Question

Practice question: Extrajudicial Foreclosure (Act 3135, as amended by Act 4118; AM 99-10-05-0, as amended)

Multiple Choice Medium Jurisprudence

Practice question

A mortgage deed expressly prohibits the creditor from purchasing at the power-of-sale auction. The creditor invokes Section5 as though its permission were unconditional. Which qualification matters?
  1. Section5 recognizes an express contrary deed provision
  2. The deed can never restrict the creditor’s participation
  3. Any bidder can privately erase the restriction
  4. Only the creditor’s address matters
  5. The public nature automatically nullifies every deed term

Legal references

  • Act3135 Sections3–5, unchanged by Act4118 on these points: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20591

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