RFBT Q 1 2
RFBT Q 1 2
RFBT Q 1 2
Select one:
A. Slight negligence
B. Super negligence
C. Ordinary negligence
D. Grave negligence
Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the benefit of marriage
in exchange for the monthly support of thirty thousand (P30,000.00) that Mr. Hukluban would give to
Ms. Maputi. Both Mr. Hukluban and Ms. Maputi are single, of legal age, and there is no legal
impediment for them to get married. Their parents have no objections to the two getting married.
Based on the foregoing information, which of the following statements is true?
Select one:
A. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary to morals
B. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support of P20,000 that
he had promised
C. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
D. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can legally get
married if they want to
Select one:
A. Obligation with resolutory condition wherein the fulfillment of the condition depend upon the
will of the creditor.
B. Obligation with resolutory condition wherein the fulfillment of the condition depend upon the
sole will of the debtor
C. Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
will of the creditor.
D. Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
sole will of the debtor
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered
and not from the time the obligation to deliver it arises
Select one:
It is the right of the active subject to demand performance to a definite passive subject?
Select one:
A. Real right
B. Jus in re
C. Jus ad rem
D. Jus utendi
Statement 1: Civil obligation is based not on positive law but based on equity and natural law.
Select one:
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B
Select one:
B. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
C. Yes, because the essential elements are all present, namely: consent, object and consideration
D. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the benefit
of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor
of his right to demand payment.
Select one:
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited
P30,000 in the bank spent for food, clothing and other personal expenses P20,000, joined a tour
abroad costing P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent.
Upon reaching the age of 21 years, X files an action for annulment which the court granted. Y was
required to return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P40,000
B. P30,000
C. P70,000
D. P80,000
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC are
Select one:
C. Both real
D. Both personal
A to sell B his lot and house in the city if A decides to transfer and live, in the countryside” is an
example of
Select one:
A. Casual condition
B. Mixed condition
C. Resolutory condition
D. Potestative condition
Select one:
A. Pure
It is the gratuitous abandonment by the creditor of his right against the debtor
Select one:
A.Remission
B.Abandonement
C.Novation
D.Dation en pago
Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered
and not from the time the obligation to deliver it arises
Select one:
III. Obligation to do
Obligation not to d
Select one:
A. I and II
C. I, II and III
D. I and III
Which obligation is not valid?
Select one:
D. "I promise to give you P100,000 if you pass the May 2016 CPA Board Examination.
Select one:
A. Quasi delict
B. Condonation
D. Confusion
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The
partnership is engaged in the manufacture and export of garments. Due to a very strong typhoon, the
entire roofing of the factory was blown by the strong winds and if not repaired immediately would
aggravate the damage. A, B, C and D agreed on an additional contribution of P200,000 each in order to
save the business from imminent loss. Which of these is the correct statement?
Select one:
A. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
B. B can question the decision because he did not vote for the additional contribution
C. If C still has money, but refuses to make the contribution, he can be compelled to sells his
interest in the partnership to the other partners
D. D is duty bound to contribute 20% more of his time to the business of the partnership
A debtor may still be held liable for ·loss or damages even if it was caused by a fortuitous event in any
of the following instances, except:
Select one:
A.The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more
persons who do not have· the same interest
C.The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation
D made a promise to give a ring to C. Before D could deliver a ring to C, C borrowed D's ring. After a
week, D demanded the return of the ring that he had lent to C. C refused to return the ring claiming
that there was compensation between his obligation to return the ring of D and D's obligation to give
him a ring.. Based on the foregoing facts, which of the following statements is incorrect?
D. Only D may claim the compensation should C demand the delivery of a ring from him (D)
Marygold, a minor enter into a contract with Riza, an insane in connection with the sale of Rizal Park
for P300,000. Said contract is
A. Valid
B. Rescissible
C. Void
D. Unenforceable
E. Voidable
Statement 1. If the partner is the sole manager of the partnership and he associate another person
with him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is:
A. Rescissible
B. Void
C. Unenforceable
D. Valid
When the debtor abandons or transfers all his properties to the creditors so that the creditors may
sell the properties and out of the net proceeds the creditors recover their claims this is called
A. Dacion en pago
B. Payment of cession
D. Remission
A. void
B. rescissible
C. unenforceable
D. valid
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B?
A. Yes, because the essential elements are all present, namely: consent, object and consideration
B. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
C. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered
to retain the debt shall not be valid
Statement 1: Payment made in good faith to any person in possession of the credit shall release the
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt
in money, shall be governed by the law of sales
Quiz 1 – RFBT
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time,
B offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has
received the offer of S and S has also received the telegram of B. Is there a perfected contract of
sale between S and B
Select one:
A. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing
of offers
B. Yes, because the essential elements are all present, namely: consent, object and consideration
C. Correct answer not given
D. No, because the house and lot being an immovable to perfect the contract it must be in a
public document
Teachers or heads of establishments of arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain in their custody. The liability arises
from:
Select one:
A. Quasi delict
B. Quasi contract
C. Law
D. Delict
E. Contract
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to
a contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be
inferred from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
A. Both statements are true
B. Statement I is true but statement II is false
C. Both statements are false
D. Statement I is false but statement II is true
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is
not possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
A. Both statements are true
B. First statement is false; second statement is true
C. First statement is true; second statement is false
D. Both statements are false
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services.
The partnership is engaged in the manufacture and export of garments. Due to a very strong
typhoon, the entire roofing of the factory was blown by the strong winds and if not repaired
immediately would aggravate the damage. A, B, C and D agreed on an additional contribution of
P200,000 each in order to save the business from imminent loss. Which of these is the correct
statement?
Select one:
A. If A no longer has money, he can be compelled to sell his interest in the partnership to the
other partners
B. B can question the decision because he did not vote for the additional contribution
C. D is duty bound to contribute 20% more of his time to the business of the partnership
D. If C still has money, but refuses to make the contribution, he can be compelled to sells his
interest in the partnership to the other partners
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the
benefit of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the
creditor of his right to demand payment.
Select one:
A. First statement is true; second statement is false
B. First statement is false; second statement is true
C. Both statements are true
D. Both statements are false
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of
P80,000. The obligations of O and SC are
Select one:
A. Both real
B. Real in the part of O but personal in the part of SC
C. Both personal
D. Real on the part of S.C. but personal in the part of O
Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike
damages arising from negligence especially if there is contributory negligence.
Select one:
A. Both statements are true
B. Statement I is true but statement II is false
C. Both statements are false
D. Statement I is false but statement II is true
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within
which to decide whether or not to buy. After only 15 days, S met T who offered to buy the same
house and lot for P8,000,000. S then notified B of the withdrawal of the option and proceeded to
sell to T. B files an action for damages against S
Select one:
A. B can recover damages from S because the latter violated the option given to the former
B. B cannot recover damages from C because his option is without consideration as something
paid or promised
C. Correct answer not indicated
D. B can recover damages from S if B gave S option money which will result in a perfected
contract of sale
Every obligation whose performance does not depend upon a future or uncertain event, or upon a
past event unknown to the parties, is demandable at once. This refers to
Select one:
A. Divisible and indivisible obligations
B. Obligation with a period
C. Joint and Solidary obligations
D. Pure obligation
It is the right of the active subject to demand performance to a definite passive subject?
Select one:
A. Jus ad rem
B. Real right
C. Jus utendi
D. Jus in re
When the debtor abandons or transfers all his properties to the creditors so that the creditors may
sell the properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. Payment of cession
B. Tender of payment and consignation
C. Dacion en pago
D. Remission
C. Solutio indebiti
D. Negotiorum gestio
Statement 1: Civil obligation is based not on positive law but based on equity and natural law.
Statement 2: Natural obligation gives a right of action to compel their performance.
Select one:
A. First statement is true; second statement is false
B. Both statements are false
C. First statement is false; second statement is true
D. Both statements are true
Select one:
A. Obligation to deliver determinate thing
B. Negative personal obligation
C. Obligation to deliver indeterminate thing
D. Positive personal obligation
QUIZ 2 – RFBT
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within
which to decide whether or not to buy. After only 15 days, S met T who offered to buy the same
house and lot for P8,000,000. S then notified B of the withdrawal of the option and proceeded to
sell to T. B files an action for damages against S
A. B can recover damages from S if B gave S option money which will result in a perfected
contract of sale
B. B cannot recover damages from C because his option is without consideration as something
paid or promised
C. B can recover damages from S because the latter violated the option given to the former
D. Correct answer not indicated
In a written contract the true intention of the parties was not reflected therein through the fraud
committed by one of them, which fraud prevented a meeting of the minds. The applicable
remedy would be
A. Resolution of the obligation
B. A petition for the declaration of nullity of the contract
C. Annulment of the contract
D. Reformation of the contract
1 st Statement: In a universal partnership where its nature is not specified, the presumption is that
a universal partnership of all profits only is formed.
2nd statement: When the contribution to the partnership consists of personal property amounting
to P1,000,000 and real property amounting to P20,000 and the contract is entered verbally, the
partnership contract is void
A. Both statements are false
B. Both statements are true
C. 1 st statement is false and 2nd statement is true
D. 1 st statement is true and 2nd statement is false
Statement 1. If the partner is the sole manager of the partnership and he associate another person
with him in his share in the partnership, the person associated automatically becomes a partner in
the partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership.
A. No. 1 is true; No. 2 is false
B. Both are true
C. No. 1 is false; No. 2 is true
D. Both are false
Which of these constitutes fraud?
A. The usual exaggeration in trade if the other party had an opportunity to know the facts
B. A misrepresentation made in good faith
C. None of the choices
D. An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
E. Failure to disclose facts when there is no duty to reveal them
Statement 1. The conveyance of the whole interest of a partner in the partnership of itself
dissolves the partnership.
Statement 2. The contractual liability of the partners to third persons is joint and subsidiary
A. Both are true
B. No. 1 is true; No. 2 is false
C. Both are false
D. No. 1 is false; No. 2 is true
Statement 1: Payment made in good faith to any person in possession of the credit shall release
the debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a
debt in money, shall be governed by the law of sales
A. Both statements are false
B. First statement is false; second statement is true
C. Both statements are true
D. First statement is true; second statement is false
Q1
A to sell B his lot and house in the city if A decides to transfer and live, in the
countryside” is an example of
Select one:
A. Mixed condition
B. Potestative condition
C. Resolutory condition
D. Casual condition
Select one:
A. First statement is true; second statement is false
B. First statement is false; second statement is true
C. Both statements are false
D. Both statements are true
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the
note to Aiko, Aiko assigned the note to Bea; Bea assigned the note to Carmina,
Carmina assigned the note to Helen, and Helen assigned it back to Maila
Select one:
A. Maila's obligation is not extinguished because the note is not negotiable
B. Maila's obligation is extinguished by confusion
C. Maila's obligation is extinguished by condonation
D. Maila's obligation is extinguished by compensation
The guardian of an insane person sells a house and lot belonging to the latter
valued at P100,000 to B, buyer for P74,000 with the approval of the court. The
contract is
Select one:
A. Rescissible
B. Void
C. Valid
D. Voidable
E. Unenforceable
Select one:
A. I, II, III and IV
B. I and III
C. I, II and III
D. I and II
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On
said date, Dante failed to make delivery, despite repeated demands by Carlo
Select one:
A. Carlo has no remedy under the law
B. Carlo my ask a third person to deliver 100 cavans of rice to him, the value
recoverable from Dante plus damages
C. Carlo can compel Dante to deliver 100 cavans of rice plus damages
D. Dante can rescind the contract because the object is indeterminate
Statement I. There is stipulation pour autrui in case the stipulation states that one
of the parties to a contract is exempt from all previous claims and damages
sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may
even be inferred from the fact that the beneficiary has enjoyed the same for a
considerable period
Select one:
A. Both statements are false
B. Statement I is false but statement II is true
C. Both statements are true
D. Statement I is true but statement II is false
Statement 1: If the debtor changes his domicile in bad faith or after he has
incurred in delay, the additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency
stipulated, and if it is not possible to deliver such currency, then in the currency
which is legal tender in the Philippines
Select one:
A. First statement is true; second statement is false
B. Both statements are false
C. Both statements are true
D. First statement is false; second statement is true
A debtor may still be held liable for ·loss or damages even if it was caused by a
fortuitous event in any of the following instances, except:
Select one:
A. The debtor is guilty of dolo, malice or bad faith, has promised the same thing to
two or more persons who do not have· the same interest
B. The thing to be delivered is generic
C. The debtor contributed to the loss
D. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor
of the obligation
This is never presumed. To exist it must be provided for in the Civil Code or in
some special law
Select one:
A. Obligation ex contractu
B. Obligation ex delicto
C. Obligation ex lege
D. Obligation ex quasi delicto
Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the
courts unlike damages arising from negligence especially if there is contributory
negligence.
Select one:
A. Statement I is false but statement II is true
B. Both statements are true
C. Both statements are false
D. Statement I is true but statement II is false
Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the
benefit of marriage in exchange for the monthly support of thirty thousand
(P30,000.00) that Mr. Hukluban would give to Ms. Maputi. Both Mr. Hukluban and
Ms. Maputi are single, of legal age, and there is no legal impediment for them to
get married. Their parents have no objections to the two getting married. Based
on the foregoing information, which of the following statements is true?
Select one:
A. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support
of P20,000 that he had promised
B. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can
legally get married if they want to
C. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary
to morals
D. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
A. Delay
B. Contravention of the tenor of the obligation
C. Fraud
D. Mistake
E. Negligence
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the
sale, X deposited P30,000 in the bank spent for food, clothing and other personal
expenses P20,000, joined a tour abroad costing P20,000, lost in gambling P20,000
and loaned P10,000 to Z who became insolvent. Upon reaching the age of 21
years, X files an action for annulment which the court granted. Y was required to
return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P30,000
B. P80,000
C. P40,000
D. P70,000
Quiz 2
A. Consensual
B. Onerous
C. Innominate
D. Answer not given
E. Principal
A. Fraud
B. Mistake
C. Violence
D. Negligence
E. Intimidation
Kin, a minor enter into a contract with Melody, an insane in connection with the
sale of Gameboy Advance with accessories for P10,000. Melody’s guardian ratify
the contract. The contract is:
A. Void
B. Unenforceable
C. Voidable
D. Rescissible
E. Valid
Amor is the capitalist partner and Burgos the industrial partner. Amor engaged
personally in the same kind of business the partnership is engaged in
A. If there are profits, the profits will be shared by Amor and the partnership
B. If there are losses, the partnership will bear the losses
C. If there are profits, Amor will give the profits to the partnership
D. Amor will be excluded from the partnership and pay damages
A. Mutuum
B. Mortgage
C. Deposit
D. Partnership
E. Commodatum
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the
sale, X deposited P30,000 in the bank spent for food, clothing and other personal
expenses P20,000, joined a tour abroad costing P20,000, lost in gambling P20,000
and loaned P10,000 to Z who became insolvent. Upon reaching the age of 21
years, X files an action for annulment which the court granted. Y was required to
return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
A. P70,000
B. P40,000
C. P30,000
D. P80,000
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the note to Aiko, Aiko
assigned the note to Bea; Bea assigned the note to Carmina, Carmina assigned the note to Helen, and
Helen assigned it back to Maila
A. Maila's obligation is not extinguished because the note is not negotiable
B. Maila's obligation is extinguished by condonation
C. Maila's obligation is extinguished by compensation
D. Maila's obligation is extinguished by confusion
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B
A. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
B. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
C. Yes, because the essential elements are all present, namely: consent, object and consideration
D. Correct answer not given
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
A. Obligation with a period
B. Divisible and indivisible obligations
C. Pure obligation
D. Joint and Solidary obligations
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
A. First statement is false; second statement is true
B. Both statements are true
C. First statement is true; second statement is false
D. Both statements are false
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
A. Dante can rescind the contract because the object is indeterminate
B. Carlo has no remedy under the law
C. Carlo can compel Dante to deliver 100 cavans of rice plus damages
D. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is
A. Unenforceable
B. Valid
C. Void
D. Voidable
E. Rescissible
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the benefit of
the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor
of his right to demand payment.
A. Both statements are false
B. Both statements are true
C. First statement is true; second statement is false
D. First statement is false; second statement is true
It is the gratuitous abandonment by the creditor of his right against the debtor
A. Novation
B. Abandonement
C. Remission
D. Dation en pago
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
A. Both statements are false
B. First statement is false; second statement is true
C. Both statements are true
D. First statement is true; second statement is false
Valentina orally promised to many Pedro as consequence of which the latter contracted the Manila
Cathedral as the venue of the marriage, the whole of the Fiesta Pavilion of the Manila Hotel the bridal
gown to be made by Pitoy Moreno, spending all in all about P1,000,000. On the date of the marriage,
Valentina did not appear
A. While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
B. Pedro can neither collect damages from Valentina nor compel her to marry him
C. Pedro can legally compel Valentina to marry him
D. Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The
partnership is engaged in the manufacture and export of garments. Due to a very strong typhoon, the
entire roofing of the factory was blown by the strong winds and if not repaired immediately would
aggravate the damage. A, B, C and D agreed on an additional contribution of P200,000 each in order to
save the business from imminent loss. Which of these is the correct statement?
A. If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in
the partnership to the other partners
B. B can question the decision because he did not vote for the additional contribution
C. D is duty bound to contribute 20% more of his time to the business of the partnership
D. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
This is never presumed. To exist it must be provided for in the Civil Code or in some special law
A. Obligation ex quasi delicto
B. Obligation ex delicto
C. Obligation ex contractu
D. Obligation ex lege
Statement 1: Payment made in good faith to any person in possession of the credit shall release the
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales
A. First statement is false; second statement is true
B. Both statements are false
C. First statement is true; second statement is false
D. Both statements are true
Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
A. Both are true
B. No. 1 is true; No. 2 is false
C. Both are false
D. No. 1 is false; No. 2 is true
Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
A. Both are false
B. Both are true
C. No. 1 is false; No. 2 is true
D. No. 1 is true; No. 2 is false
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
A. P40,000
B. P80,000
C. P70,000
D. P30,000
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
A. Both statements are false
B. Both statements are true
C. First statement is false; second statement is true
D. First statement is true; second statement is false
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The
partnership is engaged in the manufacture and export of garments. Due to a very strong typhoon, the
entire roofing of the factory was blown by the strong winds and if not repaired immediately would
aggravate the damage. A, B, C and D agreed on an additional contribution of P200,000 each in order to
save the business from imminent loss. Which of these is the correct statement?
A. If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in
the partnership to the other partners
B. B can question the decision because he did not vote for the additional contribution
C. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
D. D is duty bound to contribute 20% more of his time to the business of the partnership
D made a promise to give a ring to C. Before D could deliver a ring to C, C borrowed D's ring. After a
week, D demanded the return of the ring that he had lent to C. C refused to return the ring claiming that
there was compensation between his obligation to return the ring of D and D's obligation to give him a
ring.. Based on the foregoing facts, which of the following statements is incorrect?
A. C is not entitled to claim compensation
B. Only D may claim the compensation should C demand the delivery of a ring from him (D)
C. D may oppose the compensation being claimed by C
D. C is entitled to claim compensation
A and B agreed to contribute their respective farms to form a partnership. A immediately delivered his
land. B waited until after 2 months so he could harvest some rice in his farm. What may the parties do?
A. B is allowed to keep his land until a formal demand is made
B. B should deliver the land and the rice he harvested
C. A should also be allowed to harvest any fruits in his land
D. A should ask for a rescission of the contract of partnership
It is the gratuitous abandonment by the creditor of his right against the debtor
A. Novation
B. Remission
C. Dation en pago
D. Abandonment
B.Mora solvendi
C.compensation morae
D.mora solvendi ex re
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
Select one:
A.Carlo can compel Dante to deliver 100 cavans of rice plus damages
B.Carlo has no remedy under the law
Select one:
A.First statement is true; second statement is false
B.Both statements are false
C.Both statements are true
D.First statement is false; second statement is true
Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
Select one:
A.First statement is true; second statement is false
B.Both statements are false
C.First statement is false; second statement is true
D.Both statements are true
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which to
decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot for
P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an action
for damages against S
Select one:
A.Correct answer not indicated
B.B can recover damages from S if B gave S option money which will result in a perfected contract
of sale
C.B cannot recover damages from C because his option is without consideration as something paid
or promised
D.B can recover damages from S because the latter violated the option given to the former
S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and
lot, T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It
turns out now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
Select one:
A.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
B.The contract is valid since it is very clear that S did not apply the intimidation
C.The issue of the contract being voidable is not relevant because B will not have the contract
avoidable because it is actually favorable to him
D.It is not B but S or T who can file the action for annulment
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is
Select one:
A.Void
B.Voidable
C.Valid
D.Rescissible
E.Unenforceable
This are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized
Select one:
A.Actual damages
B.Nominal damage
C.Temperate damages
D.Moral damages
Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike damages
arising from negligence especially if there is contributory negligence.
Select one:
A.Statement I is true but statement II is false
B.Both statements are false
C.Statement I is false but statement II is true
D.Both statements are true
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A.P30,000
B.P40,000
C.P80,000
D.P70,000
It is the right of the active subject to demand performance to a definite passive subject?
Select one:
A.Real right
B.Jus utendi
C.Jus ad rem
D.Jus in re
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
A.Statement I is false but statement II is tru
B.Both statements are false
C.Both statements are true
D.Statement I is true but statement II is false
This is never presumed. To exist it must be provided for in the Civil Code or in some special law
Select one:
A.Obligation ex quasi delicto
B.Obligation ex contractu
C.Obligation ex delicto
D.Obligation ex lege
Jeac has one year contract as movie actress with Paramount Picture. One morning, Kin his close friend
induce her to terminate his contract with Paramount picture and to enter a new contract with
Dimension Picture so that she can get her commission. Jeac sign a contract with Paramount picture
A.Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
B.Paramount picture can sue Kin for inducing Jeac to violate his contract
C.Paramount has no remedy against Kin and Dimension because they are not party to a contract
D.Paramount cannot sue Kin because she is not party to a contract
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B?
S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and
lot, T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It
turns out now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
A.It is not B but S or T who can file the action for annulment
B.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
C.The contract is valid since it is very clear that S did not apply the intimidation
D.The issue of the contract being voidable is not relevant because B will not have the contract
avoidable because it is actually favorable to him
Orencia is the owner of a car which was sold by Say without authorization in favor of Billy. The contract
between Say and Billy in so far as Orencia is concerned is:
A.Valid
B.Rescissible
C.Voidable
D.Unenforceable
E.Void
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership
X owes M P100,000.00 and he is also indebted to MNO Company in the amount of P400,000.00. M is the
managing partner of MNO Company and X’s obligations are already due and demandable. X paid to M
the amount of P90,000.00 and M issued a receipt applying the payment to his personal credit. What
shall be the right of the partnership against M in this case?
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
A.P40,000
B.P70,000
C.P30,000
D.P80,000
Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership.
A.The usual exaggeration in trade if the other party had an opportunity to know the facts
B.Both b and c
C.An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
D.Failure to disclose facts when there is no duty to reveal them
E.A misrepresentation made in good faith.
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the benefit of marriage in
exchange for the monthly support of thirty thousand (P30,000.00) that Mr. Hukluban would give to Ms.
Maputi. Both Mr. Hukluban and Ms. Maputi are single, of legal age, and there is no legal impediment for
them to get married. Their parents have no objections to the two getting married. Based on the
foregoing information, which of the following statements is true?
A. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
B. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary to morals
C. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support of P20,000
that he had promised
D. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can legally get
married if they want to
A. Vinculum
B. Secundum
C. Prestation
D. Passive subject
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period
A. Obligation ex contractu
B. Obligation ex quasi delicto
C. Obligation ex lege
D. Obligation ex delicto
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is
A. Unenforceable
B. Void
C. Rescissible
D. Valid
E. Voidable
A. Mistake
B. Fraud
C. Contravention of the tenor of the obligation
D. Negligence
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to
retain the debt shall not be valid
Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
A. P30,000
B. P70,000
C. P40,000
D. P80,000
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the note to Aiko, Aiko
assigned the note to Bea; Bea assigned the note to Carmina, Carmina assigned the note to Helen, and
Helen assigned it back to Maila
D made a promise to give a ring to C. Before D could deliver a ring to C, C borrowed D's ring. After a
week, D demanded the return of the ring that he had lent to C. C refused to return the ring claiming that
there was compensation between his obligation to return the ring of D and D's obligation to give him a
ring.. Based on the foregoing facts, which of the following statements is incorrect?
A. Negotiorum gestio
B. Solutio indebiti
C. Reimbursement due the person who saved property during fire or typhoon without the
knowledge of the owner
D. When the third person with the knowledge of the debtor, pays the debt
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
A. Divisible and indivisible obligations
B. Obligation with a period
C. Joint and Solidary obligations
D. Pure obligation
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC are
In a written contract of sale between S and B the true intention of the parties was not incorporated due
to the mistake of S but where B is innocent. Assume that there was a meeting of the minds between S
and B. Who can bring the action for reformation?
A. Neither B nor S
B. Both B and S
C. B only
D. S only
It is the gratuitous abandonment by the creditor of his right against the debtor
A. Remission
B. Dation en pago
C. Novation
D. Abandonment
X owes M P100,000.00 and he is also indebted to MNO Company in the amount of P400,000.00. M is the
managing partner of MNO Company and X’s obligations are already due and demandable. X paid to M
the amount of P90,000.00 and M issued a receipt applying the payment to his personal credit. What
shall be the right of the partnership against M in this case?
D made a promise to give a ring to C. Before D could deliver a ring to C, C borrowed D's ring. After a
week, D demanded the return of the ring that he had lent to C. C refused to return the ring claiming that
there was compensation between his obligation to return the ring of D and D's obligation to give him a
ring.. Based on the foregoing facts, which of the following statements is incorrect?
A. Only D may claim the compensation should C demand the delivery of a ring from him (D)
B. C is not entitled to claim compensation
C. C is entitled to claim compensation
D. D may oppose the compensation being claimed by C
1st Statement: In a universal partnership where its nature is not specified, the presumption is that a
universal partnership of all profits only is formed.
2nd statement: When the contribution to the partnership consists of personal property amounting to
P1,000,000 and real property amounting to P20,000 and the contract is entered verbally, the
partnership contract is void.
Statement 1: Payment shall be made to the person in whose favor the obligation has been constituted,
or his successor in interest, or any person authorized to receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to
retain the debt shall not be valid
A. D is not required to pay unless C goes to court and asks the court to fix a period for the payment
B. C cannot require D to pay because there is no date for payment
C. D is not liable to C because the obligation is void there being no date of payment
D. C can require D to pay at anytime
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the
sale, X deposited P30,000 in the bank spent for food, clothing and other personal
expenses P20,000, joined a tour abroad costing P20,000, lost in gambling P20,000
and loaned P10,000 to Z who became insolvent. Upon reaching the age of 21
years, X files an action for annulment which the court granted. Y was required to
return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P80,000
B. P70,000
C. P30,000
D. P40,000
It is that which binds or connects the parties to the obligation:
Select one:
A. Vinculum
B. Passive subject
C. Prestation
D. Secundum
The guardian of an insane person sells a house and lot belonging to the latter
valued at P100,000 to B, buyer for P74,000 with the approval of the court. The
contract is
Select one:
A. Voidable
B. Rescissible
C. Void
D. Unenforceable
E. Valid
Select one:
A.First statement is false; second statement is true
B. Both statements are true
C. First statement is true; second statement is false
D. Both statements are false
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the
thing is delivered and not from the time the obligation to deliver it arises
Select one:
A. First statement is true; second statement is false
B. First statement is false; second statement is true
C. Both statements are true
D. Both statements are false
It is the gratuitous abandonment by the creditor of his right against the debtor
Select one:
A. Novation
B. Abandonement
C. Remission
D. Dation en pago
Select one:
A. Both statements are false
B. Both statements are true
C. First statement is true; second statement is false
D. First statement is false; second statement is true
This are adjudicated in order that a right of the plaintiff, which has been violated
or invaded by the defendant, may be vindicated or recognized
Select one:
A. Nominal damages
B. Moral damages
C. Actual damages
D. Temperate damages
Select one:
A. Negligence
B. Mistake
C. Fraud
D. Contravention of the tenor of the obligation
E. Delay
Which of the following is not is not a mode of extinguishing an obligation?
Select one:
A. Loss of specific things
B. Confusion
C. Quasi delict
D. Condonation
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At
the same time, B offered to buy from S the same house and lot by way of
telegram for P10,000,000 also. B has received the offer of S and S has also
received the telegram of B. Is there a perfected contract of sale between S and B
Select one:
A. Yes, because the essential elements are all present, namely: consent, object and
consideration
B. No, because what occurred was not a concurrence of offer and acceptance but a
crisscrossing of offers
C. No, because the house and lot being an immovable to perfect the contract it must be
in a public document
D. Correct answer not given
Statement 1: Payment shall be made to the person in whose favor the obligation
has been constituted, or his successor in interest, or any person authorized to
receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been
judicially ordered to retain the debt shall not be valid
Select one:
A. First statement is true; second statement is false
B. First statement is false; second statement is true
C. Both statements are false
D. Both statements are true
Delay or default on the part of the obligor to give is known as
Select one:
A. compensation morae
B. mora solvendi ex persona
C.Mora solvendi
D. mora solvendi ex re
E. mora accipiendi
When the debtor abandons or transfers all his properties to the creditors so that
the creditors may sell the properties and out of the net proceeds the creditors
recover their claims this is called
Select one:
A. Dacion en pago
B. Payment of cession
C. Tender of payment and consignation
D. Remission
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the
note to Aiko, Aiko assigned the note to Bea; Bea assigned the note to Carmina,
Carmina assigned the note to Helen, and Helen assigned it back to Maila
A. Maila's obligation is extinguished by compensation
B. Maila's obligation is extinguished by confusion
C. Maila's obligation is not extinguished because the note is not negotiable
D. Maila's obligation is extinguished by condonation
Statement I. There is stipulation pour autrui in case the stipulation states that one
of the parties to a contract is exempt from all previous claims and damages
sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may
even be inferred from the fact that the beneficiary has enjoyed the same for a
considerable period
A. Statement I is true but statement II is false
B. Both statements are true
C. Both statements are false
D. Statement I is false but statement II is true
When the debtor abandons or transfers all his properties to the creditors so that
the creditors may sell the properties and out of the net proceeds the creditors
recover their claims this is called
A. Tender of payment and consignation
B. Dacion en pago
C. Payment of cession
D. Remission
Jeac has one year contract as movie actress with Paramount Picture. One
morning, Kin his close friend induce her to terminate his contract with Paramount
picture and to enter a new contract with Dimension Picture so that she can get
her commission. Jeac sign a contract with Paramount picture
A. Paramount has no remedy against Kin and Dimension because they are not party to
a contract
B. Paramount picture can sue Kin for inducing Jeac to violate his contract
C. Paramount can sue Dimension picture for damages for allowing Jeac to enter a new
contract
D. Paramount cannot sue Kin because she is not party to a contract
Carlito sell his parcel of land to Marlon for P500,000. The parties execute a public
instrument to consummate the sale. After a week, Carlito learned that the land he
sold is really worth P750,000. The contract is
A. Valid
B. Voidable
C. Unenforceable
D. Void
E. Rescissible
Select one:
A. Mistake
C. Delay
D. Negligence
E. Fraud
Select one:
It is the gratuitous abandonment by the creditor of his right against the debtor
Select one:
A. Remission
B. Novation
C. Dation en pago
D. Abandonement
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
Select one:
B. Pure
A. mora solvendi ex re
C. Mora solvendi
D. compensation morae
E. mora accipiendi
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
Select one:
A. Carlo can compel Dante to deliver 100 cavans of rice plus damages
B. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages
Select one:
A. Slight negligence
B. Grave negligence
C. Ordinary negligence
D. Super negligence
When the debtor abandons or transfers all his properties to the creditors so that the creditors may sell
the properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. Dacion en pago
B. Remission
D. Payment of cession
When the debtor binds himself when his means permit him to do so, the obligation is:
Select one:
A. With a period
B. Simple
C. Conditional
D. Pure
This is never presumed. To exist it must be provided for in the Civil Code or in some special law
Select one:
A. Obligation ex delicto
C. Obligation ex lege
D. Obligation ex contractu
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P30,000
B. P40,000
C. P80,000
D. P70,000
Select one:
Select one:
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the note to Aiko, Aiko
assigned the note to Bea; Bea assigned the note to Carmina, Carmina assigned the note to Helen, and
Helen assigned it back to Maila
Select one:
Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
Select one:
Select one:
B. Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
A debtor may still be held liable for ·loss or damages even if it was caused by a fortuitous event in any of
the following instances, except:
Select one:
A. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation
B. The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more persons
who do not have· the same interest
Valentina orally promised to many Pedro as consequence of which the latter contracted the Manila
Cathedral as the venue of the marriage, the whole of the Fiesta Pavilion of the Manila Hotel the bridal
gown to be made by Pitoy Moreno, spending all in all about P1,000,000. On the date of the marriage,
Valentina did not appear
Select one:
A. Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral
B. Pedro can neither collect damages from Valentina nor compel her to marry him
D. While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
A. Mortgage
B. Deposit
C. Partnership
D. Commodatum
E. Mutuum
Jeac has one year contract as movie actress with Paramount Picture. One morning, Kin his close friend
induce her to terminate his contract with Paramount picture and to enter a new contract with
Dimension Picture so that she can get her commission. Jeac sign a contract with Paramount picture
A. Paramount has no remedy against Kin and Dimension because they are not party to a contract
C. Paramount picture can sue Kin for inducing Jeac to violate his contract
D. Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and
lot, T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It
turns out now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
A. The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
B. The issue of the contract being voidable is not relevant because B will not have the contract avoidable
because it is actually favorable to him
C. The contract is valid since it is very clear that S did not apply the intimidation
D. It is not B but S or T who can file the action for annulment
Kin, a minor enter into a contract with Melody, an insane in connection with the sale of Gameboy
Advance with accessories for P10,000. Melody’s guardian ratify the contract. The contract is:
A. Voidable
B. Valid
C. Unenforceable
D. Rescissible
E. Void
B. The usual exaggeration in trade if the other party had an opportunity to know the facts
C. Both b and c
D. An expression of opinion which did not turn out to be true if made by an expert and the other party
relied on it
In a written contract of sale between S and B the true intention of the parties was not incorporated due
to the mistake of S but where B is innocent. Assume that there was a meeting of the minds between S
and B. Who can bring the action for reformation?
A. S only
B. Both B and S
C. Neither B nor S
D. B only
Statement 1: Payment made in good faith to any person in possession of the credit shall release the
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales
A. Both statements are false
Allan, Borneo, Carlito and Dadu are partners where Allan, Borneo, and Carlito contributed P1,000,000
each and Dadu his services. The partnership is engaged in the manufacture and export of garments. Due
to a very strong typhoon, the entire roofing of the factory was blown by the strong winds and if not
repaired immediately would aggravate the damage. Allan, Borneo, Carlito and Dadu agreed on an
additional contribution of P200,000 each in order to save the business from imminent loss. Which of
these is the correct statement?
A. Dadu is duty bound to contribute 20% more of his time to the business of the partnership
B. If Carlito still has money, but refuses to make the contribution, he can be compelled to sell his interest
in the partnership to the other partners
C. Borneo can question the decision because he did not vote for the additional contribution
D. If Allan no longer has money, he can be complied to sell his interest in the partnership to the other
partners
B. D is not required to pay unless C goes to court and asks the court to fix a period for the payment
D. D is not liable to C because the obligation is void there being no date of payment