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Evaluating Enforceability of Contracts

This document contains 16 multiple choice questions about contract law in the Philippines. The questions cover topics such as enforceability of oral contracts, authority of agents, validity of sales, void and voidable contracts, and donation of communal property between spouses. The correct answers are selected for each question.

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hobi stan
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0% found this document useful (0 votes)
508 views101 pages

Evaluating Enforceability of Contracts

This document contains 16 multiple choice questions about contract law in the Philippines. The questions cover topics such as enforceability of oral contracts, authority of agents, validity of sales, void and voidable contracts, and donation of communal property between spouses. The correct answers are selected for each question.

Uploaded by

hobi stan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Questions 1-10
  • Questions 11-20
  • Questions 21-30
  • Questions 31-40
  • Questions 41-50

• Question 1

2 out of 2 points
The following contracts, all of which are executory and not in writing, are presented for your
evaluation:Sale of a piece of land for P50,000.00;Sale of a computer for P20,000.00;Lease of a
delivery truck at P1,000.00 for two months.
Selected Answer:
(i) and (ii) are unenforceable
Answers:
(i) and (ii) are unenforceable
(ii) and (iii) are unenforceable
(i) and (iii) are unenforceable
All contracts are unenforceable.
• Question 2
2 out of 2 points
X, who was abroad, phoned his brother, Y, authorizing him to sell X's parcel of land in Pasay.
X sent the title to Y by courier service. Acting for his brother, Y executed a notarized deed of
absolute sale of the land to Z after receiving payment. What is the status of the sale?
Selected
Answer: Void, since X should have authorized agent Y in writing to sell the land.
Answers: Valid, since a notarized deed of absolute sale covered the transaction and
full payment was made.

Void, since X should have authorized agent Y in writing to sell the land.
Valid, since Y was truly his brother X's agent and entrusted with the title
needed to effect the sale.
Valid, since the buyer could file an action to compel X to execute a deed of
sale.
• Question 3
2 out of 2 points
Three of the following contracts are void. Which is not:
Selected
Answer: Oral contract of partnership whereon more that P3,000.00 has been
contributed by the partners
Answers:
Oral contract of partnership whereon more that P3,000.00 has been
contributed by the partners
Agent given oral authority to sell the land of the principal.
Partnership contracts in private instrument wherein immovable have been
contributed
Oral contract of limited partnership.
• Question 4
2 out of 2 points
Who can make a donation?
Selected Answer:
All persons who can enter into contracts and dispose of their property.
Answers:
All persons who can enter into contracts and dispose of their property.
All persons who are of legal age and suffer from no civil interdiction.
All persons who can make a last will and testament.
All persons, whether natural or artificial, who own property.
• Question 5
2 out of 2 points
In order that service may be the object of a contract, it must be:
Selected Answer:
Within the commerce of man
Answers:
Within the commerce of man
Impossible
Indeterminate
Illegal
• Question 6
2 out of 2 points
Which phrase most accurately completes the statement – Any third person who induces
another to violate his contract:
Selected Answer:
shall be liable for damages to the other contracting party.
Answers: shall be liable for damages only if he is a party to the same contract.

shall be liable for damages to the other contracting party.


shall not be liable for damages to the other contracting party.
shall not be liable for damages if the parties are in pari delicto.
• Question 7
2 out of 2 points
The following are void contracts, except:
Selected Answer:
Pacto de retro
Answers: Pactum commissorium
Pactum de non alienando
Pactum leonina

Pacto de retro
• Question 8
0 out of 2 points
Which of the following is unenforceable:
Selected Answer:
None of the above.
Answers:
Those that do not comply with the Statute of Frauds.
Those where both parties are capable of giving.
Those entered into in the name of himself.
None of the above.
All of the above.
• Question 9
2 out of 2 points
Consent was given by one in representation of another but without authority. The contract is:
Selected Answer:
unenforceable
Answers: voidable
rescissible
void

unenforceable
• Question 10
2 out of 2 points
The following are the requisites before a contract entered into in fraud of creditors may be
rescinded, except:
Selected
Answer: The credit existed prior to the celebration of the contract.
Answers:
The credit existed prior to the celebration of the contract.
There must be fraud, or at least, the intent to commit fraud to the prejudice of
the creditor seeking rescission.
The creditor cannot in any legal manner collect his credit (subsidiary
character of rescission)
The object of the contract must be legally in the possession of a 3rd person in
good faith.
• Question 11
0 out of 2 points
Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. The offer
was orally accepted. By agreement, the land was to be delivered (through execution of a
notarized Deed of Sale) and the price was to be paid exactly one-month from their oral
agreement. Which statement is most accurate?
Selected
Answer: The contract between the parties is subject to ratification by the parties.
Answers:
If Aligada refuses to deliver the land on the agreed date despite payment by
Balane, the latter may not successfully sue Aligada because the contract is oral.
If Aligada refused to deliver the land, Balane may successfully sue for
fulfillment of the obligation even if he has not tendered payment of the
purchase price.
The contract between the parties is rescissible.
The contract between the parties is subject to ratification by the parties.
• Question 12
2 out of 2 points
When bilateral contracts are vitiated with vices of consent, they are rendered
Selected Answer:
voidable.
Answers: rescissible.
void.
unenforceable.

voidable.
• Question 13
0 out of 2 points
Contract of lease of a parcel of land for a term of one year must be written otherwise
unenforceable. Contract of sale of a parcel of land must be in a public instrument otherwise
unenforceable.
Selected Answer:
True, True
Answers: False, True
True, True
True, False

False, False
• Question 14
0 out of 2 points
If the cause is not stated in the contract it is presumed that it does not exist and therefore the
contract is void. In order that a contract may be voidable, there must be damage.
Selected Answer:
False, True
Answers: True, True

False, False
False, True
True, False
• Question 15
0 out of 2 points
Which of the following statements is correct?
Selected Answer:
All contracts are perfected by mere consent.
Answers: All contracts are perfected by mere consent.
All contracts are perfected by delivery of the object.
All contracts are required to be in writing.

All contracts are required to have a valid consideration.


• Question 16
2 out of 2 points
May a spouse freely donate communal or conjugal property without the consent of the other?
Selected
Answer: Yes, provided the donation is moderate and intended for charity or family
rejoicing.
Answers: Absolutely not, since the spouses co-own such property.
Yes, for properties that the family may spare, regardless of value.

Yes, provided the donation is moderate and intended for charity or family
rejoicing.
Yes, in a donation mortis causa that the donor may still revoke in his
lifetime.
• Question 17
2 out of 2 points
Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold the same car in
the name of Mr. Lacas to Atty. Buko. The contract between Atty. Buko and Mr. Lacas is ---
Selected
Answer: unenforceable because Michael Fermin had no authority but he sold the car in
the name of Mr. Lacas, the owner.
Answers: void because of the absence of consent from the owner, Mr. Lacas.
valid because all of the essential requisites of a contract are present.

unenforceable because Michael Fermin had no authority but he sold the car in
the name of Mr. Lacas, the owner.
rescissible because the contract caused lesion to Atty. Buko.
• Question 18
0 out of 2 points
Sam, a store owner, sold a gallon of rat poison to Ben for P1,000.00. Ben intended to pour the
poison in the fishpond of Doray, his enemy, to kill all the fishes therein. The sale of the rat
poison is:
Selected
Answer: Void as it is immaterial whether or not Ben kills the fish in the fishpond of
Doray since Ben's motive is void.
Answers: Valid provided Ben does not pursue his motive to kill the fish in the fishpond
of Doray.

Valid even if B pursues his motive to kill the fish in the fishpond of Doray.
Void as it is immaterial whether or not Ben kills the fish in the fishpond of
Doray since Ben's motive is void.
Void if Ben pursues his motive to kill the fish in the fishpond of Doray.
• Question 19
2 out of 2 points
Means that one voluntarily adopts some contract which, without his subsequent approval or
consent, would not be binding on him.
Selected Answer:
Ratification
Answers: Annulment
Concealment
Revocation
Ratification
• Question 20
2 out of 2 points
Implies that there is a cause but the same is unlawful or illegal
Selected Answer:
Illegality of cause
Answers: Absence of cause

Illegality of cause
Falsity of cause
Want of cause
• Question 21
0 out of 2 points
The action for rescission may be brought by:
Selected Answer:
Both
Answers: The injured party or the defrauded debtor

His heirs, assigns or successors in interest


Both
None
• Question 22
2 out of 2 points
Which of the following is a characteristic of a void or inexistent contract:
Selected Answer:
The action for the declaration of its inexistence does not prescribe
Answers: It can give rise to a valid contract
It can be ratified

The action for the declaration of its inexistence does not prescribe
It produces force and effect.
• Question 23
0 out of 2 points
An offer becomes ineffective on any of the following grounds, except:
Selected
Answer: Qualified/conditional acceptance of the offer, which becomes counter-offer.
Answers: Death, civil interdiction, insanity/insolvency of either party before
acceptance is conveyed.

Acceptance of the offer by the offeree.


Qualified/conditional acceptance of the offer, which becomes counter-offer.
Subject matter becomes illegal/impossible before acceptance is
communicated.
• Question 24
2 out of 2 points
A characteristic of consent.
Selected Answer:
All of the above
Answers: Conscious
Free and voluntary
Intelligent

All of the above


None of the above
• Question 25
2 out of 2 points
An agent, authorized by a special power of attorney to sell a land belonging to the principal
succeeded in selling the same to a buyer according to the instructions given the agent. The
agent executed the deed of absolute sale on behalf of his principal two days after the principal
died, an event that neither the agent nor the buyer knew at the time of the sale. What is the
standing of the sale?
Selected Answer:
Valid.
Answers: Voidable.

Valid.
Void.
Unenforceable.
• Question 26
0 out of 2 points
Human air may be a valid object of a contract of sale. The donation by a mother of a part of
her liver to be transplanted to his son is valid.
Selected Answer:
False, True
Answers:
True, True
False, False
False, True
True, False
• Question 27
0 out of 2 points
Which of the following are considered incompetents:
Selected Answer:
None of the above
Answers: Healed lepers

Prodigals
Deaf and dumb who are able to read and write
All of the above
None of the above
• Question 28
2 out of 2 points
If one of the parties to the contract is without juridical capacity, the contract is:
Selected Answer:
void
Answers: voidable
rescissible

void
unenforceable
• Question 29
2 out of 2 points
Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the
five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the
parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is
the standing of the contract?
Selected Answer:
Void.
Answers: Unenforceable.
Voidable.
Rescissible.

Void.
• Question 30
2 out of 2 points
Are contracts which requires compliance with certain formalities prescribed by law:
Selected Answer:
Solemn Contracts
Answers: Real Contracts

Solemn Contracts
Consensual Contracts
Informal Contracts
• Question 31
2 out of 2 points
It is the fraud used by a party to induce the other to enter into a contract without which the
latter would not have agreed to it.
Selected Answer:
Causal Fraud
Answers: Incidental fraud

Causal Fraud
Mistake of Law
Mistake of fact
• Question 32
2 out of 2 points
X bought a land from Y, paying him cash. Since they were friends, they did not execute any
document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to
formalize the verbal sale to their father. Unwilling to do so, X's heirs filed an action for
specific performance against Y. Will their action prosper?
Selected
Answer: No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
Answers:
No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
No, since the sale cannot under the Statute of Frauds be enforced.
Yes, since X bought the land and paid Y for it.
Yes, after full payment, the action became imprescriptible.
• Question 33
2 out of 2 points
Which of the following is entitled to reformation:
Selected Answer:
All of the above
Answers: Either of the parties
In all other cases, the injured party
The heirs or successors in interest, in lieu of the party entitled

All of the above


None of the above
• Question 34
2 out of 2 points
The following contracts are void from the beginning, except:
Selected
Answer: Those where the intention of the parties relative to the principal object of the
contract can be ascertained.
Answers: Those whose cause did not exist at the time of the transaction
Those expressly prohibited by law
Those which contemplate an impossible service

Those where the intention of the parties relative to the principal object of the
contract can be ascertained.
• Question 35
2 out of 2 points
Is the damage caused by the fact that the price is unjust or inadequate.
Selected Answer:
Lesion
Answers: Loss

Lesion
Cession
Accretion
• Question 36
2 out of 2 points
Atoy gave Bubuy One million pesos for the latter to kill Cathy. Before Bubuy could
accomplish his criminal intent to kill Cathy, Atoy changed his mind and demanded the return
of the money from Bubuy. Decide:
Selected
Answer: Atoy can recover the money although the contract is void since the crime was
not committed.
Answers: Atoy cannot recover the payment he made to Bubuy because it was a void
contract which does not allow recovery of the guilty party.
Atoy cannot recover the money because the contract is unenforceable

Atoy can recover the money although the contract is void since the crime was
not committed.
No recovery and both Atoy and Bubuy will be prosecuted
• Question 37
0 out of 2 points
Which of the following does not vitiate consent?
Selected Answer:
Error
Answers: Fraud
Violence
Error

Due influence
• Question 38
2 out of 2 points
Which of the following contracts is void?
Selected
Answer: An oral sale of a parcel of land.
Answers:
An oral sale of a parcel of land.
A sale of land by an agent in a public instrument where his authority from
the principal is oral.
A donation of a wrist watch worth P 4,500.00.
A relatively simulated contract.
• Question 39
2 out of 2 points
The following are the attributes of a rescissible contract. Except:
Selected Answer:
It is a principal remedy of the creditor to collect his credit.
Answers: It is valid until rescinded
Damage or lesion is absolutely material
Third person whose interest is affected may ask for rescission

It is a principal remedy of the creditor to collect his credit.


• Question 40
2 out of 2 points
A threatened to kill B if the latter would not marry the former's daughter who was pregnant
with B's child. Intimidated, B married A's daughter against his will.
Selected
Answer: The contract is voidable due to intimidation even if employed by a third
person.
Answers: The contract is not voidable because the threat was made by a third person
not by one of the parties
The contract is not voidable because the claim for marriage is just or legal
and therefore consent is not vitiated.
The contract is not voidable since B has to answer for his fault that A's
daughter became pregnant.

The contract is voidable due to intimidation even if employed by a third


person.
• Question 41
2 out of 2 points
Sam sold his lot consisting of 1,000 square meters to B. However, the deed of sale signed by
the parties showed a total area of 1,200 square meters due the secretary's mistake. Later, Sam
discovered the mistake. What remedy is available to other party?
Selected Answer:
Reformation
Answers: Annulment

Reformation
Rescission
Declaration of nullity
• Question 42
0 out of 2 points
For intimidation to vitiate the consent of a party to a contract, the following requisites must be
present, except:
Selected Answer:
None of the above
Answers: It must produce a reasonable and well-grounded fear of an evil
The evil must be imminent and grave

It is not the reason why he enters into the contract


None of the above
• Question 43
2 out of 2 points
When the contract does not really exist and the parties do not intend to be bound at all.
Selected Answer:
Absolute simulation
Answers: Relative simulation
Accepted simulation

Absolute simulation
Qualified simulation
• Question 44
2 out of 2 points
When both parties to the contract are minors, the contract is:
Selected Answer:
unenforceable
Answers: voidable
rescissible
void

unenforceable
• Question 45
2 out of 2 points
When the donor gives donations without reserving sufficient funds for his support or for the
support of his dependents, his donations are:
Selected
Answer: Reducible to the extent that the donations impaired the support due to
himself and his dependents.
Answers: Rescissible, since it results in economic lesion of more than 25% of the
value of his properties.
Voidable, since his consent to the donation is vitiated by mindless kindness.
Void, since it amounts to wanton expenditure beyond his means.

Reducible to the extent that the donations impaired the support due to
himself and his dependents.
• Question 46
2 out of 2 points
Which of the following contract is not void ab initio?
Selected Answer:
Those undertaken in fraud of creditors
Answers: Those whose object are outside the commerce of men
Those whose object did not exist at the time of the transaction
Those which contemplate an impossible service

Those undertaken in fraud of creditors


• Question 47
2 out of 2 points
Which of the following cannot give consent to a contract:
Selected Answer:
All of the above
Answers: Insane
Demented
Deaf-mute

All of the above


None of the above
• Question 48
2 out of 2 points
The following are the characteristics of a voidable contract, except:
Selected Answer:
Can be assailed only by either party.
Answers: Effective until set aside.
May be assailed/attacked only in an action for that purpose.
Can be confirmed or ratified.

Can be assailed only by either party.


• Question 49
2 out of 2 points
The following are rescissible contracts, except:
Selected
Answer: Contracts entered into by minors.
Answers: Entered into by guardian whenever ward suffers damage more than ¼ of
value of property.
Agreed upon in representation of absentees, if absentee suffers lesion by
more than ¼ of value of property.
Contracts where fraud is committed on creditor (accion pauliana).

Contracts entered into by minors.


• Question 50
2 out of 2 points
The following are solemn contracts (Contracts which must appear in writing), except:
Selected Answer:
Construction contract of a building.
Answers: Donations of real estate or of movables if the value exceeds P 5,000.00.
Stipulation to pay interest in loans.
Sale of land through an agent (authority must be in writing).

Construction contract of a building.


• Question 1
2 out of 2 points
Simple mistake of account will vitiate consent and shall render the contract voidable.

Selected Answer:

False
Answers: True

False
• Question 2
2 out of 2 points
An innominate contract which means â I do that you may give.â

Selected Answer:

Facio ut des
Answers: Do ut des

Do ut facias

Facio ut des

Facio ut facias

• Question 3
2 out of 2 points
Contracts entered during hypnotic spell are

Selected Answer:

Voidable

Answers: Valid

Voidable

Unenforceable

Void

• Question 4
2 out of 2 points
Wills cannot be reformed.

Selected Answer:

True
Answers:

True
False
• Question 5
2 out of 2 points
There is no intimidation if the threat is to enforce oneâ s claim that is just or legal through
competent court.

Selected Answer:

True
Answers:

True
False
• Question 6
0 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. From perfection the parties are bound not only to the
fulfillment of what has been expressly stipulated but also to all the consequences which,
according to their nature, may be in keeping with good faith, usage and law.

Selected Answer:

Mutuality of contract

Answers: Autonomy of contract

Mutuality of contract

Relativity of contract

Obligatory force of contract

• Question 7
2 out of 2 points
The contract must bind both contracting parties; its validity or compliance cannot be left to the
will of one of them.

Selected Answer:

Mutuality of contract

Answers: Autonomy of contract


Mutuality of contract

Relativity of contract

Obligatory force of contract

• Question 8
2 out of 2 points
Accessory contract can stand alone.

Selected Answer:

False
Answers: True

False
• Question 9
2 out of 2 points
A contract may be enforced by or against a third person except â

Selected Answer:

When the benefit to a third person is merely incidental

Answers: In case of stipulation pour autrui

When the benefit to a third person is merely incidental

In case of contracts intended to defraud creditors

When a third person induces another to violate his contract

• Question 10
2 out of 2 points
Three of the following are essential elements of a contract, except â
Selected Answer:

Motive of the parties

Answers: Cause of the obligation which is established

Consent of the contracting parties

Motive of the parties

Subject matter of the contract

• Question 11
2 out of 2 points
If the offerer is an agent, the acceptance must be communicated to him. If the acceptance is
communicated to the agent, the contract is already perfected even the principal has no
knowledge of the acceptance.

Selected Answer:

True
Answers:

True
False
• Question 12
2 out of 2 points
It is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract.

Selected Answer:

Consent

Answers:

Consent

Object
Cause

Consideration

• Question 13
2 out of 2 points
It is a meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service.

Selected Answer:

Contract

Answers: Obligation

Contract

Quasi-contract

Delict

• Question 14
0 out of 2 points
Contract of sale is a real contract.

Selected Answer:

True
Answers: True

False
• Question 15
2 out of 2 points
The contracting parties may establish such stipulations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.
Selected Answer:

Autonomy of contract

Answers:

Autonomy of contract

Mutuality of contract

Relativity of contract

Obligatory force of contract

• Question 16
2 out of 2 points
When the offerer has allowed the offeree a certain period to accept, the offer may be
withdrawn at any time before acceptance by communicating such withdrawal, except when the
option is founded upon a consideration, as something paid or promised.

Selected Answer:

True
Answers:

True
False
• Question 17
2 out of 2 points
Employment of serious or irresistible force to obtain consent

Selected Answer:

Violence

Answers:

Violence

Intimidation

Undue influence
Fraud

• Question 18
2 out of 2 points
Contract of commodatum is a real contract.

Selected Answer:

True
Answers:

True
False
• Question 19
2 out of 2 points
If the form is required only for the convenience of the parties, the contracting parties may
compel each other to observe the form, once the contract is perfected.

Selected Answer:

True
Answers:

True
False
• Question 20
2 out of 2 points
Mistake of law will vitiate consent if the error as to the legal effect is mutual and the real
purpose is frustrated.

Selected Answer:

True
Answers:

True
False
• Question 21
2 out of 2 points
It is the point when there is meeting of minds between the parties on a definite subject matter
and valid cause.
Selected Answer:

Perfection

Answers: Preparation stage

Perfection

Termination

Consummation

• Question 22
0 out of 2 points
For a fraud to make the contract voidable â

Selected
Answer:
Must be an incidental fraud and must be serious

Answers: Must be an incidental fraud and must be serious

Must be causal fraud and committed by both parties

Must be committed at the time of performance and need not be serious

Must be committed at the time of the perfection of the contract and


committed only by one of the parties

• Question 23
2 out of 2 points
Contracts entered by insane person during lucid interval are

Selected Answer:

Valid
Answers:

Valid

Voidable

Unenforceable

Void

• Question 24
2 out of 2 points
If a minor enters into a contract for necessaries, the contract is

Selected Answer:

Valid

Answers:

Valid

Voidable

Unenforceable

Void

• Question 25
2 out of 2 points
Pledge is a real contract.

Selected Answer:

True
Answers:

True
False
• Question 26
2 out of 2 points
The statement of a false cause in contracts shall render them void.
Selected Answer:

True
Answers:

True
False
• Question 27
2 out of 2 points
It is a contract which has been performed. It is a contract not covered by Statute of Fraud.

Selected Answer:

Executed contract

Answers: Executory contract

Executed contract

Executing contract

Auto contract

• Question 28
2 out of 2 points
Simple donation inter vivos wherein a condition is imposed may be reformed.

Selected Answer:

True
Answers:

True
False
• Question 29
0 out of 2 points
As a rule, lesion or inadequacy of cause shall invalidate a contract.

Selected Answer:

True
Answers: True

False
• Question 30
2 out of 2 points
Which of the following is not a real contract?

Selected Answer:

Sale

Answers: Deposit

Sale

Commodatum

Pledge

• Question 31
2 out of 2 points
Contracts take effect only between the parties, their assigns, and heirs.

Selected Answer:

Relativity of contract

Answers: Autonomy of contract

Mutuality of contract

Relativity of contract

Obligatory force of contract

• Question 32
2 out of 2 points
It is a contract whereby one party receives no equivalent consideration. These contracts are
referred to as contracts of pure beneficence, the cause of which is the liberality or generosity of
the benefactor.

Selected Answer:

Gratuitous contract

Answers: Onerous contract

Gratuitous contract

Remuneratory contract

Solemn or formal contract

• Question 33
2 out of 2 points
If one of the parties in a contract is incapable of giving consent, the contract is

Selected Answer:

Voidable

Answers: Valid

Voidable

Unenforceable

Void

• Question 34
2 out of 2 points
If both parties in a contract is incapable of giving consent, the contract is

Selected Answer:
Unenforceable

Answers: Valid

Voidable

Unenforceable

Void

• Question 35
2 out of 2 points
It is a contract that has not yet been performed. Certain executory contracts are covered by
Statute of Fraud and required to be in writing for them to be enforceable.

Selected Answer:

Executory contract

Answers:

Executory contract

Executed contract

Executing contract

Auto contract

• Question 36
2 out of 2 points
There is mistake if the party alleging it knew the doubt, contingency or risk affecting the
object of the contract.

Selected Answer:

False
Answers: True
False
• Question 37
2 out of 2 points
Absolutely simulated or fictitious contract is void.

Selected Answer:

True
Answers:

True
False
• Question 38
2 out of 2 points
It is a contract whereby the parties give almost equivalent values; hence, there is real
fulfillment.

Selected Answer:

Commutative contract

Answers:

Commutative contract

Onerous contract

Reciprocal contract

Auto contract

• Question 39
2 out of 2 points
Contract of deposit is a consensual contract.

Selected Answer:

False
Answers: True
False
• Question 40
2 out of 2 points
It is a contract whereby there is an exchange of valuable consideration. For each contracting
party, the cause is the prestation or the promise of a thing or service by the other.

Selected Answer:

Onerous contract

Answers:

Onerous contract

Gratuitous contract

Remuneratory contract

Solemn or formal contract

• Question 41
0 out of 2 points
If the law requires a form to a contract for mere convenience of the parties, what is the right of
the contracting parties once the contract is perfected?

Selected Answer:

Reformation of the contract

Answers: Annulment of the contract

Reformation of the contract

Compel each other to observe the form required by law

Demand to pay damages

• Question 42
2 out of 2 points
If the opinion is made by an expert and the other party relied on it, then it would constitute
fraud.

Selected Answer:

True
Answers:

True
False
• Question 43
2 out of 2 points
It exists when a person takes improper advantage of his power over the will of another,
depriving the latter of a reasonable freedom of choice.

Selected Answer:

Undue influence

Answers: Violence

Intimidation

Undue influence

Fraud

• Question 44
2 out of 2 points
is the legal remedy available to the injured party in a contract when the instrument or
document that serves as tangible evidence of the contract does not express the true intention of
the contracting parties.

Selected Answer:

Reformation

Answers: Annulment
Reformation

Restoration

Rescission

• Question 45
2 out of 2 points
It is a contract perfected by the execution of the formality required by law.

Selected Answer:

Solemn or formal contract

Answers: Consensual contract

Real contract

Solemn or formal contract

Traditional contract

• Question 46
2 out of 2 points
Future thing may not become a valid object of contract

Selected Answer:

False
Answers: True

False
• Question 47
2 out of 2 points
It is an onerous contract except â
Selected Answer:

Donation

Answers:

Donation

Partnership

Sale

Lease

• Question 48
2 out of 2 points
Usual exaggerations in trade is fraudulent.

Selected Answer:

False
Answers: True

False
• Question 49
2 out of 2 points
There can be an action for the reformation of instrument if the real agreement is void.

Selected Answer:

False
Answers: True

False
• Question 50
2 out of 2 points
Contracts entered in a state of drunkenness are
Selected Answer:

Voidable

Answers: Valid

Voidable

Unenforceable

Void


On August 1, 2020, Mr. Barro Wer issued a check dated August 30, 2020 to Mrs. Nagpa U. Tang
for the loan of P 100,000. On July 1, 2020, Mrs. Nagpa U. Tang has not yet deposited the check
nor went to bank for encashment. Is the obligation extinguished by payment?

Selected
Answer:
No because there was no express stipulation that check payment shall be
considered as legal tender

Answers: Yes because the check is dated and ready for encashment

Yes because a check is a legal tender even prior to encashment

No because there was no express stipulation that check payment shall be


considered as legal tender

No because the delivery of promissory notes payable to order, or bills of


exchange or other mercantile documents shall produce the effect of payment only
when they have been cashed.

• Question 2
0 out of 2 points
Steph is obliged to deliver his only horse or Cow or Goat or Sheep to Klay on September 20,
2020. On September 17, 2020, Klay forgot to unplug his cellphone charger causing a raging
fire that resulted in the total destruction of his rest house of Steph and death of the latter's
animals except the Cow and Sheep. If the right of choice belongs to Klay, what is or are the
effect/s?

Selected Answer:

Both A or C are the effects

Answers: Creditor may choose from the remaining plus indemnity for damages

Creditor may choose from the remaining without indemnity for damages

Creditor may rescind the contract plus damages

Both A or C are the effects

• Question 3
2 out of 2 points
Payment of damages awarded to the party winning the case is a kind of?

Selected Answer:

Civil fruit

Answers: Natural Fruit

Industrial fruit

Civil fruit

Industrial-Civil fruit

• Question 4
2 out of 2 points
The debtor shall lose every right to make use of the period in the following except?

Selected
Answer:
When the debtor does not violates any undertaking, in consideration of which
the creditor agreed to the period

Answers: When after the obligation has been contracted, he becomes insolvent, unless he
gives a guaranty or security for the debt

When by his own acts he has impaired said guaranties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;

When the debtor does not violates any undertaking, in consideration of which
the creditor agreed to the period

When the debtor attempts to abscond.

• Question 5
2 out of 2 points
The effect of payment after the obligation to pay has prescribed is?

Selected
Answer:
There shall be no reimbursement because the civil obligation was converted to
a natural obligation, unless it was paid by mistake

Answers: The payment shall be reimbursed by the creditor to the debtor because it is
solution indebiti

The payment shall be reimbursed because it is already converted to a natural


obligation

There shall be no reimbursement at all

There shall be no reimbursement because the civil obligation was converted to


a natural obligation, unless it was paid by mistake

• Question 6
2 out of 2 points
This provides that where both parties are negligent but the negligent act of one is appreciable
later in point of time than that of the other, the one who had the last clear opportunity to avoid
the impending harm but failed to do so, is chargeable with the consequence?

Selected Answer:

Doctrine of last clear chance

Answers: Doctrine of a good father of the family

Doctrine of last clear glance

Doctrine of last clear chance

Ex post facto law doctine

• Question 7
2 out of 2 points
Statement 1: There is a solidary liability only when the obligation expressly so states, or when
the law or the nature of the obligation requires solidarity; Statement 2: The indivisibility of an
obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply
indivisibility.

Selected Answer:

True;True

Answers:

True;True

True; False

False; True

False;False

• Question 8
2 out of 2 points
The following are requisites of payment by cession, except:
Selected
Answer:
The debtor is not insolvent

Answers: There must be two or more creditors

The Debtor abandons all his properties except those which are exempt from
execution

The debtor is not insolvent

The creditors accept the abandonment

• Question 9
2 out of 2 points
This is delay on the part of the creditor as oppose to the debtor?

Selected Answer:

Mora Accipiendi

Answers: Mora Solvendi

Mora Accipiendi

Compensatio Morae

Dolo Causante

• Question 10
2 out of 2 points
Anna issued a negotiable promissory note to Ben amounting to P 10,000. Ben endorsed it to
Carlos, then Carlos to Denver then eventually to Anna. What is the mode of extinguishment of
obligation of Anna?

Selected Answer:
Confusion or Merger

Answers: Compensation

Payment

Confusion or Merger

Novation

• Question 11
0 out of 2 points
Ms. Jeannie Buzz agreed to deliver 500 pieces of Financial Accounting books to the office of
[Link] after the latter misrepresented as the Dean of USTee Accountancy and issued a
bouncing check. What is the remedy of Ms. Buzz?

Selected
Answer:
To declare nullity of the contract because the contract is void ab initio and
ask for damages

Answers: Claim for damages only because the contract is void

Annulment of contract only because the contract is voidable

To declare nullity of the contract because the contract is void ab initio and
ask for damages

Annul the contract because it is voidable and ask for damages

• Question 12
2 out of 2 points
Statement 1: The happening of a resolutory condition will give rise to an obligation while the
happening of a suspensive condition will extinguish an obligation; Statement 2: A condition is
potestative when the fulfillment depends upon the will of one of the parties

Selected Answer:
False; True

Answers: True;True

True; False

False; True

False;False

• Question 13
2 out of 2 points
Bankero, the payee of a check for P30,000 cahes it with VPI drawee bank. However, Cashing
the bank teller mistakenly gave him P 31,000. What is the obligation of Bankero?

Selected
Answer:
There is obligation to return the full excess amount because of solutio
indebiti

Answers: There is no obligation to return because it was given mistakenly by the bank

There is solution indebiti, hence, there is an obligation to return half of the


excess amount

There is no obligation to return because the Bankero will not be unjustly


enriched at the expense of a bank

There is obligation to return the full excess amount because of solutio


indebiti

• Question 14
2 out of 2 points
Tyler Hero is obliged to deliver an american bully or pitbull or Rottweiler or a German
shepherd to Duncan Robinson on May 20, 2020. However, the house of Tyler Hero was
destroyed due to strong typhoon on May 18, 2020. The destruction led to the death of his
pitbull. If the right of choice belongs to Tyler Hero, what is or are the effect/s?
Selected
Answer:
The debtor may still choose from the remaining prestation without paying
indemnity for damage

Answers: The creditor may claim any of the subsisting prestations plus damages

The creditor may claim any of the subsisting prestation without damages

The debtor may still choose from the remaining prestation without paying
indemnity for damage

The debtor may still choose from the remaining prestation plus damages

• Question 15
2 out of 2 points
Statement 1: The liquidated damages, whether intended as an indemnity or a penalty, shall not
be equitably reduced if they are iniquitous or unconscionable; Statement 2: Exemplary or
corrective damages are imposed, by way of example or correction for the public good

Selected Answer:

False, True

Answers: True, True

True,False

False, True

False, False

• Question 16
0 out of 2 points
What is the remedy of the creditor if debtor fails to perform his obligation to deliver a
determinate thing?
Selected Answer:

Compel the debtor to make delivery only

Answers: Demand for damages only

Compel the debtor to make delivery only

Specific performance plus damages

None because it is extinguihed

• Question 17
0 out of 2 points
Frank Vogel sold his Green Ford Mustang with plate number LBJ 23 to Rob Pelinka on July
14, 2020. They further agreed that the car will be delivered on July 20, 2020 without need of
demand. However, on July 21, 2020 the house of Frank Vogel including the said car was
burned due to fortuitous event. What is the liability of Frank Vogel?

Selected
Answer:
Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay

Answers: Frank Vogel is liable for damages even if the loss is due to fortuitous event
because the object is a determinate thing

Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay

Frank Vogel is liable for damages because he is in delay in delivering a


determinate object even if the loss is due to fortuitous event.

Frank Vogel is not liable for damages and the obligation to deliver is
extinguihed

• Question 18
2 out of 2 points
Frank Vogel sold his Black Toyota Hilux with plate number ADD 333 to Rob Pelinka on July
14, 2020. The next day, Frank Vogel sold the same car to Jason Pelinka, the brother of Rob
Pelinka. However, on July 16, 2020 the house of Frank Vogel including the said car was
burned due to fortuitous event. What is the liability of Frank Vogel?

Selected
Answer:
Frank Vogel is liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with different
interest

Answers: Frank Vogel is not liable for damages because the loss is due to fortuitous
event and the object is a determinate thing

Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay since there was no demand to deliver the thing

Frank Vogel is liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with different
interest

Frank Vogel is not liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with same
interest

• Question 19
0 out of 2 points
Michael is obliged to deliver his only horse or Cow or Goat or Sheep to Jordan on August 20,
2020. On August 17, 2020, Michael forgot to unplug his cellphone charger causing a raging
fire that resulted in the total destruction of his rest house and death of all his animals at the
backyard. If the right of choice belongs to Michael, what is or are the effect/s?

Selected
Answer:
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages

Answers:

The creditor may recover the value of the last thing which disappeared with
indemnity for damages

The creditor may choose the price of any one of the prestations lost plus
indemnity for damages

The creditor may choose the price of any one of the prestations without
indemnity for damages

Both A and B

• Question 20
2 out of 2 points
Mr. Play boy gave her sweetheart, Ms. Sweet Heart, a gift containing a brand new laptop
worth P 45,000 on September 15, 2020. After 15 days, Ms. Sweet Heart dumped Mr. Play boy.
Very sad and angry, Mr. Play Boy seek your legal advice. What is the remedy of Mr. Play
boy?

Selected
Answer:
He can recall his gift because the donation is void

Answers: None because he must bear the loss of taking the risk of loving a Sweet
girl

He can cry and beg for forgiveness

Since the donation orally was valid, Play Boy has no remedy

He can recall his gift because the donation is void

• Question 21
2 out of 2 points
Consignation alone is sufficient or even without a previous tender of payment, except?

Selected Answer:

When the Creditor refuses to give a receipt for a just cause

Answers: When Creditor is absent or does not appear at the place of payment
When the Creditor refuses to give a receipt for a just cause

When the Creditor is incapacitated to receive payment at the time it is due

When the title of the Obligation has been lost.

• Question 22
0 out of 2 points
The following are the obligation of a debtor to deliver a determinate thing except?

Selected
Answer:
To place the thing in the possession or control of the creditor either actually or
constructively

Answers: To take good care of the thing with diligence of a good father of the family
unless Law or Stipulation of the parties provides another standard of care.

To place the thing in the possession or control of the creditor either actually or
constructively

To deliver the fruits of the thing

To deliver the accessions and accessories only if they have been mentioned

• Question 23
0 out of 2 points
Frank Vogel agreed to deliver 25 cases of soft drinks specifically 250ml Coca-Cola to Rob
Pelinka on August 14, 2020. However, on August 17, 2020 the warehouse of Frank Vogel
including the said 25 cases of soft drinks was burned due to fortuitous event. What is the
liability of Frank Vogel?

Selected
Answer:
Frank Vogel is not liable because he is not in delay in delivering a generic
object
Answers: Frank Vogel is not liable to deliver because the objects are generic things and
the loss is due to fortuitous event

Frank Vogel is still liable to deliver even if the loss is due to fortuitous event
because the objects are generic things

Frank Vogel is not liable because he is not in delay in delivering a generic


object

Frank Vogel is liable but the obligation to deliver is extinguished

• Question 24
2 out of 2 points
Which governs this statement, husband supports his wife, while the wife supports her
husband?

Selected Answer:

Law

Answers:

Law

Delict

Quasi-Delict

Contract

• Question 25
2 out of 2 points
This damage includes physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury?

Selected Answer:

Moral Damage
Answers: Actual Damage

Moral Damage

Exemplary Damage

Nominal Damage

• Question 26
2 out of 2 points
Negligence can either be Culpa Aquilana, Culpa Contractual or Culpa Criminal. In Comparing
Culpa Aquilana as oppose to culpa contractual?

Selected
Answer:
There is necessity to prove negligence to warrant recovery

Answers: It is based on contract not on law

It is based on delict not on contract

There is no need to prove negligence in order to recover any amount of


damage

There is necessity to prove negligence to warrant recovery

• Question 27
2 out of 2 points
As a rule, the Officious Manager is not liable for any loss or damage in case of fortuitous
event, except when:

Selected
Answer:
Undertaking risky operations which the owner was not accustomed to embark
upon

Answers: Prefers the interest of the owner


Return the property or business after demand by the owner

Undertaking risky operations which the owner was not accustomed to embark
upon

He is manifestly fit to carry on the management, especially when the same


was assumed to save the property from imminent danger

• Question 28
2 out of 2 points
This is a kind of fruit that is produced by land of any kind through cultivation or labor?

Selected Answer:

Industrial fruit

Answers: Civil fruit

Industrial fruit

Natural fruit

Jackfruit

• Question 29
2 out of 2 points
Mr. Clause promises his son to give a brand new house and lot if the latter will pass the MAY
2021 CPA board examination. What kind of obligation is present in the case?

Selected Answer:

Suspensive Conditional obligation

Answers: Potestative Obligation

Obligation with a period


Suspensive Conditional obligation

Resolutory Conditional obligation

• Question 30
2 out of 2 points
In case of expromision as opposed to delegacion:

Selected
Answer:
Insolvency of new debtor shall not give rise to liability of the old debtor

Answers: Insolvency of new debtor shall give rise to liability of the old debtor

Insolvency shall not give rise to liability of old debtor unless the insolvency
was already in existence at the time of substitution and of public knowledge

Insolvency of new debtor shall not give rise to liability of the old debtor

Insolvency shall not give rise to liability of old debtor unless known to the old
debtor

• Question 31
2 out of 2 points
Kyrie is obliged to deliver his only horse or Cow or Goat or Sheep to Kevin on May 20, 2020.
On May 17, 2020, Kyrie forgot to unplug his cellphone charger causing a raging fire that
resulted in the total destruction of his rest house and death of all his animals at the backyard. If
the right of choice belongs to Kevin, what is or are the effect/s?

Selected
Answer:
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages

Answers: The creditor may recover the value of the last thing which disappeared with
indemnity for damages
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages

The creditor may choose the price of any one of the prestations without
indemnity for damages

Both A and B

• Question 32
2 out of 2 points
Statement 1: The nullity of the penal clause does not carry with it that of the principal
obligation; Statement 2: Creditor may ask another person to perform the obligation at the
expense of the debtor plus damages in case of breach of Positive personal obligation.

Selected Answer:

True;True

Answers:

True;True

True; False

False; True

False;False

• Question 33
2 out of 2 points
Alan, Lord and Bong are joint debtors of Rody and Leni for P60,000. How much can Leni
collect from Alan?

Selected Answer:

P 10,000

Answers: P 60,000
P 20,000

P 12,000

P 10,000

• Question 34
2 out of 2 points
Don Papa told her daughter that she will give the latter P 5,000 every day until the day she
pass the CPA Board Examination. What kind of obligation is present in the case?

Selected Answer:

Resolutory Conditional obligation

Answers: Pure Obligation and demandable at once

Obligation with a resolutory period

Suspensive Conditional obligation

Resolutory Conditional obligation

• Question 35
2 out of 2 points
Under novation as mode of extinguishing the obligation, Obligations may be modified by:

Selected Answer:

All of these

Answers: Changing their object or principal conditions

Substituting the person of the debtor

Subrogating a third person in the rights of the creditor


All of these

• Question 36
2 out of 2 points
Eric, the cashier, was authorized by her boss to receive payment of P250,000 from Spoelstra
and deposit such amount in his EW account the on same day. However, Eric failed to deposit
and was constrained to bring home the said payment. While sleeping, Butler surreptitiously
entered the house of Eric and stole jewelries including the P250,000 cash. Is Eric liable for the
loss of the P250,000 cash?

Selected
Answer:
Yes, he is liable even if robbery is considered as fortuitous event because he
was negligent and the object is generic

Answers: No, he is not liable because the robbery here is considered as fortuitous event

Yes, he is liable because robbery is never considered as fortuitous event

No, he is not liable because he was not negligent but merely concerned in the
safe keeping of the money.

Yes, he is liable even if robbery is considered as fortuitous event because he


was negligent and the object is generic

• Question 37
0 out of 2 points
Statement 1: Waiver of an action based on future fraud is valid while waiver of an action based
on past fraud is void; Statement 2: As a rule, if there is no demand on the part of the Obligee
there is no delay on the part of the Obligor.

Selected Answer:

False; False

Answers: True; True


True: False

False; True

False; False

• Question 38
2 out of 2 points
Albert, Apollo and Chris are solidary debtors of Patricia and Tintin for P40,000. How much
can Tintin collect from Apollo?

Selected Answer:

P 20,000

Answers: P 40,000

P 20,000

P 8,000

P 5,000

• Question 39
2 out of 2 points
The diligence required to a common carrier is?

Selected Answer:

Extraordinary diligence of a very cautious person

Answers: Diligence of a good father of the good family

Diligence of a good father of the family

Ordinary diligence
Extraordinary diligence of a very cautious person

• Question 40
2 out of 2 points
Statement 1: Compensation may be total or partial but when the two debts are of the same
amount, there is a total compensation; Statement 2: The parties may agree upon the
compensation of debts which are not yet due.

Selected Answer:

True; True

Answers:

True; True

True; False

False; True

False; False

• Question 41
2 out of 2 points
The following are elements of obligation, except:

Selected Answer:

Presentation

Answers: Active Subject

Vinculum Juris

Passive Subject

Presentation
• Question 42
2 out of 2 points
Mike is driving the jeepney of Kobe at a speed of 250Km per hour in Espana Boulevard
without headlight at exactly 9:00 in the evening when he crahed into a barrier and accidentally
bumped and killed a pedestrian named Lebron. Anthony, a passenger was also injured due to
the said accident. What is the civil obligation of the Kobe, the employer?

Selected
Answer:
Kobe is liable to Anthony under contract while he is subsidiarily liable to
Lebron under delict if Mike is insovlent

Answers: None because it was a plain accident

Kobe is liable to Lebron and Anthony under delict

Kobe is liable to Anthony under contract while he is subsidiarily liable to


Lebron under delict if Mike is insovlent

Kobe is solidarily liable to Anthony and Lebron under quasi-delict because


Mike acted beyond the scope of his duty as the Jeepney driver

• Question 43
2 out of 2 points
If one prestation remains after a fortuitous event, what is the effect under alternative
obligation?

Selected
Answer:
The obligation is converted to a simple obligation and the debtor has no right to
substitution

Answers: The obligation remains to be alternative one and the debtor has the right to
substitute another

The obligation is converted to a simple obligation but the debtor has the right
to substitute another
The obligation is converted to a simple obligation and the debtor has no right to
substitution

The obligation is converted to simple obligation if the right of choice belongs


to the creditor but it remains to be alternative if the right of choice belongs to
the debtor.

• Question 44
2 out of 2 points
James and Anthony are jointly and severally liable to Jimmy for P 200,000. How much can
Jimmy collect from James?

Selected Answer:

P 200,000

Answers: P 50,000

P 100,000

P 150,000

P 200,000

• Question 45
2 out of 2 points
Tyler and Jimmy jointly and voluntarily managed the abandoned property of Abedayo located
in Quiapo Manila without the consent of the latter. However, due to negligence of Tyler the
property was destroyed. What is the nature of the obligation of Tyler and Jimmy?

Selected Answer:

Both are solidarily liable

Answers: Joint but only Tyler is liable

Solidary but only Tyler is liable


Both are solidarily liable

Both are liable jointly

• Question 46
2 out of 2 points
Statement 1: Personal obligation involves an obligation to do or not to do while a real
obligation involves and obligation to give; Statement 1: The condition not to do an impossible
thing shall be considered as not having been agreed upon.

Selected Answer:

True;True

Answers:

True;True

True; False

False; True

False;Fasle

• Question 47
2 out of 2 points
In dacion en pago as opposed to cession:

Selected
Answer:
It is the alienation of property to the creditor in satisfaction of a debt in
money

Answers: It only requires transfer of possession and administration to the creditors

The assignment of property does not extinguish the debt

It requires plurality of creditors

It is the alienation of property to the creditor in satisfaction of a debt in


money

• Question 48
2 out of 2 points
This is a voluntary management of an abandoned property or business in good faith without
the authority and consent of the owner?

Selected Answer:

Negotiorum Gestio

Answers: Law

vinculum juris

Negotiorum Gestio

Solutio Indebiti

• Question 49
2 out of 2 points
This novation is when the original debtor offers and the creditor accepts, a third person who
consents to the substitution and assumes the obligation?

Selected Answer:

Delegacion

Answers: Subrogation

Delegacion

Expromision

Accion PAuliana

• Question 50
2 out of 2 points
A contract of sale between Javale, the seller, and Mcgee, the buyer, indicates that Javale will
deliver 50 sacks of Quinoa Rice on July 1, 2020. The buyer paid his obligation on May 25,
2020 while the seller delivered 50 sacks of rice on July 5, 2020. Mcgee performed a random
check on the delivery and found out that 20 sacks of rice are not of the same quality as agreed.
What is/ are the remedy of Mcgee?

Selected Answer:

Ask for damages only because the contract is not defective

Answers: Ask for damages only because the contract is defective

Ask for damages only because the contract is not defective

To annul the contract because there is fraud that vitiates the consent

To annul the contract because of fraud and ask for damages


In a facultative obligation, the loss of the substitute through a fortuitous event before the
substitution has been made by the debtor, shall have no effect on the debtor's obligation to
deliver the principal thing.

Selected Answer:

True
Answers:

True
False
• Question 2
2 out of 2 points
H is obliged to give V PhP100,000.00 if X dies. This is an example of:

Selected Answer:

an obligation with a period.

Answers: an obligation with a suspensive condition.


an obligation with a resolutory condition.

an obligation with a period.

a pure obligation.

• Question 3
2 out of 2 points
This refers to right of a creditor that is enforceable against a definite passive subject:

Selected Answer:

Personal right

Answers: Real right

Natural right

Civil right

Personal right

• Question 4
2 out of 2 points
If the debtor fails to perform an obligation to do, the creditor may compel the debtor to
comply with the obligation.

Selected Answer:

False
Answers: True

False
• Question 5
2 out of 2 points
In alternative obligations, the right of choice belongs to the creditor unless it has been
expressly granted to the debtor.

Selected Answer:

False
Answers: True

False
• Question 6
2 out of 2 points
A condition may refer to a past event unknown to the parties.

Selected Answer:

True
Answers:

True
False
• Question 7
2 out of 2 points
A thing, although still physically exists, may be considered lost of it goes out of
commerce.

Selected Answer:

True
Answers:

True
False
• Question 8
2 out of 2 points
Rob, Sansa, Arya, and Rickon, joint debtors, are obliged to give Jessica, Harvey, Lois,
Mike, and Rachel, solidary creditors, PhP200,000.00.

Selected Answer:

Jessica may collect from Sansa PhP50,000.00.

Answers: Jessica may collect from Sansa PhP200,000.00.


Jessica may collect from Sansa PhP40,000.00.

Jessica may collect from Sansa PhP50,000.00.

Jessica may collect from Sansa PhP10,000.00.

• Question 9
2 out of 2 points
Rob, Sansa, Arya, and Rickon, solidary debtors, are obliged to give Jessica, Harvey,
Lois, Mike, and Rachel, solidary creditors, PhP200,000.00.

Selected Answer:

Jessica may collect from Rickon PhP200,000.00.

Answers:

Jessica may collect from Rickon PhP200,000.00.

Jessica may collect from Rickon PhP40,000.00.

Jessica may collect from Rickon PhP50,000.00.

Jessica may collect from Rickon PhP10,000.00.

• Question 10
0 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike a red Ferrari car with plate
no. XYZ123 if Mike will not marry Rachel on or before 31 December 2020. Which of
the following statements is incorrect?

Selected
Answer:
The obligation of Harvey is demandable if it is already 01 January 2021
and Mike has not yet married Rachel.

Answers: The obligation of Harvey is demandable if Mike marries Rachel on 01


January 2020.

The obligation of Harvey is demandable on 28 October 2020 if Rachel


dies on the said date and Mike has not yet married Rachel.

The obligation of Harvey is demandable if it is already 01 January 2021


and Mike has not yet married Rachel.

The obligation of Harvey is demandable if Mike marries Rachel on 15


November 2020.

• Question 11
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike a red Ferrari car with plate
no. XYZ123 if Mike will not marry Rachel on or before 31 December 2020. The
condition of the obligation is a:

Selected Answer:

negative condition.

Answers: positive condition.

negative condition.

joint condition.

impossible condition.

• Question 12
2 out of 2 points
One of the following is a void obligation:

Selected
Answer:
G is obliged to give E PhP500,000.00 if G goes to Batanes.

Answers: G is obliged to give E PhP500,000.00 if E does not go to the moon.

G is obliged to give E PhP500,000.00 if E goes to Batanes.


G is obliged to give E PhP500,000.00 if G goes to Batanes.

G is obliged to give E PhP500,000.00 if E wins first prize in the


sweepstakes on a ticket that he had already purchased.

• Question 13
2 out of 2 points
In obligations with a penal clause, the penalty shall substitute the indemnity for damages
and the payment of interests, if there is no stipulation to the contrary.

Selected Answer:

True
Answers:

True
False
• Question 14
2 out of 2 points
The following are obligations with a term or period, except:

Selected Answer:

D to give C PhP25,000 if X's father dies within 2 years.

Answers: D to give C PhP25,000 on 15 December 2020.

D to give C PhP25,000 on April Fools' Day next year.

D to give C PhP25,000 upon the death of X's father.

D to give C PhP25,000 if X's father dies within 2 years.

• Question 15
2 out of 2 points
Solidarity may exist although the creditors and debtors may not be bound in the same
manner and by the same periods and conditions.
Selected Answer:

True
Answers:

True
False
• Question 16
0 out of 2 points
P is obliged to give C a specific ring. The parties agreed that P may give a specific
bracelet as substitute. Which of the following statements is true?

Selected
Answer:
If the bracelet is lost through a fortuitous event before substitution, the
obligation is extinguished.

Answers:

If the ring is lost through a fortuitous event before substitution, the


obligation is extinguished.

If the bracelet is lost through a fortuitous event before substitution, the


obligation is extinguished.

If the ring is lost through a fortuitous event after substitution, the


obligation is extinguished.

If the ring is lost through the debtor's fault after substitution, the debtor
shall pay damages.

• Question 17
0 out of 2 points
In alternative obligations, the creditor may not be compelled to receive part of one and
part of another undertaking.

Selected Answer:

False
Answers:

True
False
• Question 18
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike PhP50,000.00 if Mike will
marry Rachel on or before 31 December 2020. The condition of the obligation is a:

Selected Answer:

positive condition.

Answers:

positive condition.

negative condition.

joint condition.

impossible condition.

• Question 19
2 out of 2 points
J is obliged to give P a red ferrari car with plate no. ABJ 4096 if P passes the CPA
Examination, J's obligation is an example of:

Selected Answer:

an obligation with a suspensive condition.

Answers: a pure obligation.

an obligation with a suspensive condition.

an obligation with a resolutory condition.

an obligation with period.

• Question 20
0 out of 2 points
If an obligation to do has been poorly done, the creditor may have the same be undone at
the expense of the creditor.

Selected Answer:

True
Answers: True

False
• Question 21
2 out of 2 points
An obligation where various prestations are due and the performance of all of them is
required in order to extinguish the obligation is known as:

Selected Answer:

conjunctive obligation.

Answers: alternative obligation.

facultative obligation.

conjunctive obligation.

simple obligation.

• Question 22
0 out of 2 points
Whenever a period is designated in an obligation, the said period shall be presumed to
have been established for the benefit of:

Selected Answer:

The credtor.

Answers: The debtor.

The credtor.
Both the creditor and the debtor.

Neither of the parties.

• Question 23
2 out of 2 points
It is the voluntary administration of the property of another without his/her consent:

Selected Answer:

Negotiorum gestio

Answers: Solutio indebiti

Negotiorum gestio

Quasi-delict

Delict

• Question 24
2 out of 2 points
Which of the following is an indivisible obligation?

Selected
Answer:
To give a rendition tonight of Howie Day's "Collide" in a concert at the
MOA Arena.

Answers:

To give a rendition tonight of Howie Day's "Collide" in a concert at the


MOA Arena.

To construct a pavement measuring 2 meters wide and 10 meters long


in front of MOA Arena.

To lecture for five (5) Saturdays in a tax seminar at the SMX


Convention Center.

To pay a loan obligation to BDO of PhP100,000.00 in ten (10) equal


monthly installments.

• Question 25
2 out of 2 points
One of the following is a valid obligation. Which is it?

Selected
Answer:
Joffrey promised to give Ramsay a barrel of gold if Ramsay will not
swim across the Pacific Ocean.

Answers:

Joffrey promised to give Ramsay a barrel of gold if Ramsay will not


swim across the Pacific Ocean.

Joffrey promised to give Ramsay a barrel of gold if Joffrey goes to


Russia.

Joffrey promised to give Ramsay a barrel of gold if Ramsay can fly to


the moon.

Joffrey promised to give Ramsay a barrel of gold if Ramsay gives him 5


grams of shabu.

• Question 26
2 out of 2 points
When there are two or more debtors and/or two or more creditors in one and the same
obligation, the obligation is presumed to be a joint obligation.

Selected Answer:

True
Answers:

True
False
• Question 27
2 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties.

Selected Answer:

True
Answers:

True
False
• Question 28
2 out of 2 points
A natural obligation cannot be enforced in court of justice.

Selected Answer:

True
Answers:

True
False
• Question 29
2 out of 2 points
There shall be no liability for loss due to fortuitous events in one of the following cases.
Which is it?

Selected
Answer:
When the nature of the obligation requires the assumption of risks.

Answers: When the debtor delays.

When the parties so stipulated that there shall be liability in case of loss
due to fortuitous events.

When the nature of the obligation requires the assumption of risks.

When the obligation is to deliver a determinate thing and there was no


stipulation as to the liability of the debtor in case of loss due to fortuitous
events.

• Question 30
2 out of 2 points
The following are the requisites of an obligation, except:

Selected Answer:

judicial or extrajudicial demand.

Answers: passive subject, debtor or obligor.

active subject, creditor or dobligee.

judicial or extrajudicial demand.

efficient cause.

• Question 31
0 out of 2 points
In obligations with a penal clause, the creditor as a rule may recover from the debtor in
case of breach the following:

Selected Answer:

The penalty as agreed upon, plus damages and interest.

Answers: The penalty as agreed upon, plus damages and interest.

The penalty and damages.

The penalty and interest.

Only the penalty.

• Question 32
2 out of 2 points
A person obliged to give something is also obliged to take care of it with the diligence of
a father of a good family, unless the law or stipulation of the parties requires a greater
degree of care.
Selected Answer:

False
Answers: True

False
• Question 33
0 out of 2 points
When the debtor binds himself to pay when his means permit him to do so, the obligation
is:

Selected Answer:

a pure obligation.

Answers: an obligation with a suspensive condition.

an obligation with a resolutory condition.

a pure obligation.

an obligation with a suspensive period.

• Question 34
0 out of 2 points
Rob, Sansa, Arya, and Rickon, solidary debtors, are obliged to give Jessica, Harvey,
Lois, Mike, and Rachel, joint creditors, PhP200,000.00.

Selected Answer:

Jessica may collect from Arya PhP200,000.00.

Answers: Jessica may collect from Arya PhP200,000.00.

Jessica may collect from Arya PhP40,000.00.


Jessica may collect from Arya PhP50,000.00.

Jessica may collect from Arya PhP10,000.00.

• Question 35
2 out of 2 points
The following obligations are divisible, except an:

Selected
Answer:
obligation to give definite things.

Answers:

obligation to give definite things.

obligation which has for its object the execution of a certain number of
days of work.

obligation which has for its object the accomplishment of work by


metrical units.

obligation which by its nature is susceptible of partial performance.

• Question 36
0 out of 2 points
Harry, 25yo, Hermoine, 24, and Ron, 16, are solidary debtors of Draco in the amount of
PhP9,000.00.

Selected
Answer:
Draco may collect nothing because the obligation is voidable, Ron
being a minor.

Answers: Draco may collect from Harry PhP9,000.00.

Draco may collect from Harry PhP6,000.00.

Draco may collect from Harry PhP1,000.00.


Draco may collect nothing because the obligation is voidable, Ron
being a minor.

• Question 37
0 out of 2 points
Demand must be made on the due date of the obligation in order for delay to exist in one
of the following cases. Which is it?

Selected
Answer:
When time is of the essence of the contract.

Answers: When it was stipulated by the parties that demand need not be made.

When the law provides that demand need not be made.

When the obligation does not indicate whether demand must be made
or not on due date.

When time is of the essence of the contract.

• Question 38
2 out of 2 points
Which of the following obligations is a pure obligation and is demandable at once?

Selected
Answer:
Gendry to give Theon his car. No mention was made when Theon shall
give the car.

Answers: Gendry to allow Theon to use Gendry's car until 31 December 2020.

Gendry to allow Theon to use Gendry's car until Theon finishes his
Accounting course.

Gendry to give Theon his car. No mention was made when Theon shall
give the car.
Gendry to give Theon a car if Theon finishes his Accounting course.

• Question 39
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike PhP50,000.00 if Mike will
marry Rachel on or before 31 December 2020. Which of the following statements is
incorrect?

Selected
Answer:
The obligation is demandable if Mike marries Rachel on 01 January
2021.

Answers: The obligation of Harvey is demandable if Mike marries Rachel on or


before 31 December 2020.

The obligation of Harvey is extinguished if it is already 01 January 2021


and Mike has not yet married Rachel.

The obligation of Harvey is extinguished on 28 October 2020 if Rachel


dies on the said date and Mike has not yet married Rachel.

The obligation is demandable if Mike marries Rachel on 01 January


2021.

• Question 40
2 out of 2 points
In an obligation to give a determinate thing which is subject to a suspensive period, the
deterioration of the thing without the debtor's fault shall render the debtor liable for
damages.

Selected Answer:

False
Answers: True

False
• Question 41
2 out of 2 points
The nullity of the penal clause in an obligation carries with it the nullity of the principal
obligation.

Selected Answer:

False
Answers: True

False
• Question 42
2 out of 2 points
In a joint indivisible obligation, a demand made by one of the joint creditors against all
the joint debtors is a valid demand.

Selected Answer:

False
Answers: True

False
• Question 43
2 out of 2 points
It is a juridical relation whereby a person may demand from another the observance of a
determinative conduct, and in case of breach, may demand satisfaction from the assets of
the latter.

Selected Answer:

Civil obligations

Answers: Natural obligations

Moral obligations

Civil obligations
Contracts

• Question 44
0 out of 2 points
X is obliged to give Y a specific necklace, a specific ring, or a specific bracelet. They
agreed that Y will have the right to choose the thing which will be given to her. Before Y
could make her choice, the necklace and the ring are lost through X's fault, successively.
What is the right of Y?

Selected
Answer:
Y can only choose to have delivery of the bracelet or the price of the ring
which was the last item that was lost plus damages.

Answers:

Y may choose delivery to her of the bracelet, or the price of the necklace
or the price of the ring plus damages.

Y cannot choose the price of the necklace or the price of the ring because
the said objects have already been lost

Y can only choose to have the bracelet because anyway, X can still
perform his obligation.

Y can only choose to have delivery of the bracelet or the price of the ring
which was the last item that was lost plus damages.

• Question 45
2 out of 2 points
In an action to give an indeterminate thing, the loss or destruction of anything of the
same kind will extinguish the obligation if the cause of the loss is a fortuitous event.

Selected Answer:

False
Answers: True

False
• Question 46
2 out of 2 points
Whenever a period is designated in an obligation, it shall be presumed to have been
established for the benefit of the debtor.

Selected Answer:

False
Answers: True

False
• Question 47
2 out of 2 points
Rob, Sansa, Arya, and Rickon are obliged to give Jessica, Harvey, Lois, Mike, and
Rachel PhP200,000.00.

Selected Answer:

Jessica may collect from Rob PhP10,000.00.

Answers: Jessica may collect from Rob PhP200,000.00.

Jessica may collect from Rob PhP50,000.00.

Jessica may collect from Rob PhP10,000.00.

Jessica may collect from Rob PhP40,000.00.

• Question 48
0 out of 2 points
Harvey, Mike, and Lois are solidarily liable to Donna for PhP300,000.00. Harvey pays
Donna the whole amount due. Lois, however, is insolvent.

Selected
Answer:
Harvey can demand a refund of PhP100,000.00 from Donna pertaining
to Lois's share since Lois is insolvent.

Answers: Harvey alone will bear the share of Lois who is insolvent since he made
the payment.

Harvey can collect from Mike PhP100,000.00.

Harvey can collect from Mike PhP150,000.00.

Harvey can demand a refund of PhP100,000.00 from Donna pertaining


to Lois's share since Lois is insolvent.

• Question 49
0 out of 2 points
Sansa and Arya are jointly and severally liable to Tommen for PhP100,000.00 The
obligation is due on 30 September 2020. On 25 September 2020, Sansa paid the whole
amount of the note to Tommen. If Arya reimburses Sansa on 15 October 2020, Sansa is
entitled to receive fro Arya:

Selected
Answer:
PhP50,000.00 with no interest because Sansa paid the note before due
date.

Answers: PhP50,000.00 plus interest from 25 September to 15 October 2020.

PhP50,000.00 plus interest from 25 September to 30 September 2020.

PhP50,000.00 plus interest from 30 September to 15 October 2020.

PhP50,000.00 with no interest because Sansa paid the note before due
date.

• Question 50
2 out of 2 points
Which of the following is not considered a conditional obligation?

Selected
Answer:
Cersei to pay Olenna PhP500,000.00 as soon as Cersei has the means.
Answers:

Cersei to pay Olenna PhP500,000.00 as soon as Cersei has the means.

Cersei to pay Olenna PhP500,000.00 if Olenna marries Tyrion.

Cersei to pay Olenna PhP500,000.00 if Olenna tops the Bar


Examinations.

Cersei to pay Olenna PhP500,000.00 if Theon dies of malaria.


This is the delay of the obligors in reciprocal obligations

Selected Answer:

Compensatio morae

Answers: Mora solvendi

Mora accipiendi

Compensatio morae

Empleo patriciae

• Question 2
2 out of 2 points
This is the juridical relation which is created when something is received when there is no
right to demand it and it was unduly delivered through mistake

Selected Answer:

Solutio indebiti

Answers: Negotiorum gestio


Solutio indebiti

Genus nunquam perit

Damnum absque injuria

• Question 3
2 out of 2 points
The is the remedy of a creditor to pursue the leviable property of the debtor

Selected Answer:

Attachment

Answers: Exact fulfillment

Attachment

Accion subrogatoria

Accion pauliana

• Question 4
0 out of 2 points
Responsibility arising from fraud is demandable in all obligations and any waiver of an action
for past fraud is void.

Selected Answer:

True
Answers: True

False
• Question 5
2 out of 2 points
It is the right or interest of a person over a specific thing, without a definite passive subject
against whom the right may be personally enforced.
Selected Answer:

Real right

Answers: Personal right

Real right

Both A & B

None of the above

• Question 6
2 out of 2 points
The person who is entitled to demand the fulfillment of the obligation

Selected Answer:

Obligee

Answers:

Obligee

Obligor

Prestation

Legal tie

• Question 7
2 out of 2 points
Mr. A and his whole family went to Boracay for a short vacation. Unfortunately, a strong
typhoon hit Manila and it destroyed the cages of Mr. A's dogs. Luckily, his neighbor Mr. B
saw what happened and immediately repaired the cages of the animals. The materials and
labor amounted to P5,000. Is Mr. B entitled to reimbursement?

Selected Answer:
Yes, even if there was no consent from the owner of the dogs.

Answers: Yes, only if he was able to get the consent of Mr. A beforehand.

Yes, even if there was no consent from the owner of the dogs.

No, because there was no consent on the part of the owner of the dogs.

No, because Mr. B is considered to be a trespasser.

• Question 8
2 out of 2 points
This is the voluntary management of the property or affairs of another without the knowledge
or consent of the latter.

Selected Answer:

Negotiorum gestio

Answers:

Negotiorum gestio

Solutio indebiti

Genus nunquam perit

Damnum absque injuria

• Question 9
2 out of 2 points
If a person obliged to do something fails to do it, the same shall be executed at his cost.

Selected Answer:

True
Answers:

True
False
• Question 10
2 out of 2 points
It is the contracting for or receiving interest in excess of the amount allowed by law for the
loan or use of money, good, chattels or credits.

Selected Answer:

Usury

Answers: Dolo causante

Dolo incidente

Usury

None of the above

• Question 11
2 out of 2 points
Those obliged to deliver or to do something incur in delay from the time the obligee judicially
or extrajudicially demands from them the fulfillment of their obligation.

Selected Answer:

True
Answers:

True
False
• Question 12
2 out of 2 points
The demand by the creditor shall not be necessary in order that delay may exist

Selected
Answer:
All of the above

Answers: When the obligation or the law expressly so declare

When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be
rendered was a controlling motive for the establishment of the contract

When demand would be useless, as when the obligor has rendered it beyond his
power to perform

All of the above

• Question 13
2 out of 2 points
The obligation to give a determinate thing includes that of delivering all its accessions and
accessories, as long as they have been mentioned.

Selected Answer:

False
Answers: True

False
• Question 14
2 out of 2 points
The creditors, after having pursued the property in possession of the debtor to satisfy their
claims, may exercise all the rights and bring all the actions of the latter for the same purpose,
save those which are inherent in his person.

Selected Answer:

True
Answers:

True
False
• Question 15
2 out of 2 points
These are obligations which are not based on positive law but on equity and natural law. It
does not grant a right of action to enforce their performance although in case of voluntary
fulfillment by the debtor, the latter may not recover what has been delivered.
Selected Answer:

Natural obligation

Answers: Civil obligation

Moral obligation

Natural obligation

None of the above

• Question 16
2 out of 2 points
As a general rule, every person who is criminally liable is also civilly liable for damages.

Selected Answer:

True
Answers:

True
False
• Question 17
2 out of 2 points
It is an act or omission by a person which causes damage to another in his person, property, or
rights giving rise to an obligation to pay for the damage done, there being fault or negligence.

Selected Answer:

Quasi – Delicts

Answers: Law

Contract

Delicts
Quasi – Delicts

Quasi – Contracts

• Question 18
0 out of 2 points
Every person obliged to give something is also obliged to take care of it with the proper
diligence of a father of a good family, unless the law or the stipulation of the parties requires
another standard of care.

Selected Answer:

True
Answers: True

False
• Question 19
2 out of 2 points
This is a remedy of a creditor to impugn the acts which the debtor may have done to defraud
him.

Selected Answer:

Accion pauliana

Answers: Accion subrogatoria

Accion pauliana

Accion quanti minoris

Accion redhibitoria

• Question 20
0 out of 2 points
A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted
to injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to
the hospital and incurred expenses for their treatment. With regards to Mr. C, what is the
source of taxi driver's obligation to reimburse?

Selected Answer:

Quasi Delict

Answers: Law

Contract

Quasi Contract

Delict

Quasi Delict

• Question 21
0 out of 2 points
It is one of the remedies available to a creditor, after having pursued the property in possession
of debtor, exercise all the rights and bring all the actions of the debtor except those inherent in
or personal to the person of the latter.

Selected Answer:

Attachment

Answers: Exact fulfillment

Attachment

Accion subrogatoria

Accion pauliana

• Question 22
2 out of 2 points
The receipt of a later installment of a debt with reservation as to prior installments, shall
likewise raise the presumption that such installments have been paid.

Selected Answer:

False
Answers: True

False
• Question 23
2 out of 2 points
It is the meeting of the minds between two persons whereby one binds himself, with respect to
the other, to give something or to render some service.

Selected Answer:

Contract

Answers: Law

Contract

Quasi-Contract

Delicts

Quasi-Delicts

• Question 24
0 out of 2 points
What is the diligence required for contracts of carriage involvings jeeps, buses and taxis?

Selected Answer:

Diligence of a good father of a family

Answers: Diligence of a good father of a family

Ordinary diligence
Extra-ordinary diligence

Diligence of a good mother of a family

• Question 25
2 out of 2 points
Obligations arise from

Selected Answer:

All of the above

Answers: Law

Contracts

Quasi-contracts

Acts or omissions punished by law

All of the above

• Question 26
2 out of 2 points
A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted
to injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to
the hospital and incurred expenses for their treatment. With regards to Mr. D, what is the
source of taxi driver's obligation to reimburse?

Selected Answer:

Quasi Delict

Answers: Law

Contract
Quasi Contract

Delict

Quasi Delict

• Question 27
2 out of 2 points
It is the juridical relation resulting from lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other to the end that no one shall be unjustly enriched
or benefited at the expense of another.

Selected Answer:

Quasi-Contract

Answers: Law

Contract

Quasi-Contract

Delicts

Quasi-Delicts

• Question 28
2 out of 2 points
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and
those who in any manner contravene the tenor thereof, are liable for damages.

Selected Answer:

True
Answers:

True
False
• Question 29
0 out of 2 points
Which among the following is an example of a natural fruit?

Selected Answer:

Both A and B

Answers: Grass

A baby calf that was born without the intervention of human labor

Both A and B

A puppy that was born with the help of a veterinarian

All of the above

• Question 30
0 out of 2 points
The receipt of the principal by the creditor without reservation with respect to the interest,
shall give rise to the conclusive presumption that said interest has been paid.

Selected Answer:

True
Answers: True

False
• Question 31
0 out of 2 points
This is the conduct required to be observed by the debtor. It may consist in giving, doing or
not doing.

Selected Answer:

Prestation
Answers: Object

Prestation

Subject matter of the obligation

All of the above

• Question 32
2 out of 2 points
It is the right or power of a person to demand from another, as a definite passive subject, the
fulfillment of the latter's obligation to give, to do, or not to do.

Selected Answer:

Personal right

Answers:

Personal right

Real right

Both A & B

None of the above

• Question 33
2 out of 2 points
Except in cases expressly specified by the law, or when it is otherwise declared by stipulation,
or when the nature of the obligation requires the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable.

Selected Answer:

True
Answers:

True
False
• Question 34
2 out of 2 points
Which among the following is an example of a specific object?

Selected Answer:

This pencil in my hand

Answers: A blue car

A red house

An old book

This pencil in my hand

None of the above

• Question 35
2 out of 2 points
Which among the following is an example of a civil fruit?

Selected Answer:

Both A & B

Answers: Rent income

Interest income

Both A & B

None of the above

• Question 36
2 out of 2 points
Subject to the laws, all rights acquired in virtue of an obligation are transmissible, even if there
has been a stipulation to the contrary.

Selected Answer:

False
Answers: True

False
• Question 37
0 out of 2 points
Under Article 1156 of the New Civil Code, an obligation is a juridical necessity to give, to do
or not to do.

Selected Answer:

False
Answers:

True
False
• Question 38
2 out of 2 points
This is the delay on the part of the debtor to fulfill his obligation

Selected Answer:

Mora solvendi

Answers:

Mora solvendi

More accipiendi

Compensatio morae

Mora dela torre

• Question 39
2 out of 2 points
Is the failure to perform an obligation on time which failure constitutes a breach of the
obligation.

Selected Answer:

Legal delay

Answers:

Legal delay

Ordinary delay

Both A & B

None of the above

• Question 40
2 out of 2 points
If the obligor delays, or has promised to deliver the same thing to two or more persons who do
not have the same interest, he shall not be responsible for any fortuitous event until he has
effected the delivery.

Selected Answer:

False
Answers: True

False
• Question 41
2 out of 2 points
Obligations derived from law can be presumed.

Selected Answer:

False
Answers: True

False
• Question 42
2 out of 2 points
Rice, corn and other kinds of vegetables are examples of

Selected Answer:

Industrial fruits

Answers: Natural fruits

Industrial fruits

Civil fruits

Juicy fruits

• Question 43
2 out of 2 points
On August 1, 2020, Mr. S sold a specific dog to Mr. B for P15,000. Based on their agreement,
the specific dog should be delivered to Mr. B on August 8, 2020. The deadline has passed and
the specific dog is still in possession of the seller. While still in possession of Mr. S, the
mother dog gave birth to three puppies on August 20, 2020. Who is entitled to the three
puppies?

Selected Answer:

Mr. B

Answers: Mr. S

Mr. B

The mother dog

Each one of them is entitled to one puppy each

• Question 44
2 out of 2 points
The tie which binds or connects the parties to the obligation
Selected Answer:

Vinculum juris

Answers: Debtor

Creditor

Subject Matter

Vinculum juris

• Question 45
2 out of 2 points
The person who is bound to the fulfillment of the obligation

Selected Answer:

Passive subject

Answers:

Passive subject

Actie subject

Object

Juridical tie

• Question 46
2 out of 2 points
From the moment one of the parties fulfills his obligation, delay by the other begins.

Selected Answer:

True
Answers:

True
False
• Question 47
2 out of 2 points
An obligation is juridical necessity because in case of noncompliance, the courts of justice
may be called upon by the aggrieved party to enforce its fulfillment.

Selected Answer:

True
Answers:

True
False
• Question 48
2 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.

Selected Answer:

True
Answers:

True
False
• Question 49
2 out of 2 points
When the obligation consists in not doing, and the obligor does what has been forbidden him,
it shall also be undone at his expense.

Selected Answer:

True
Answers:

True
False
• Question 50
2 out of 2 points
The creditor has a right to the fruits of the thing from the time the obligation to deliver it
arises.

Selected Answer:
True
Answers:

True
False

• 
Question 1 
2 out of 2 points 
 
The following contracts, all of which are executory and not in writing, are presented for
Oral contract of limited partnership. 
 
• 
Question 4 
2 out of 2 points 
 
Who can make a donation? 
   
Selected Answer:
Answers: 
Pactum commissorium 
 
Pactum de non alienando 
 
Pactum leonina 
 
  
Pacto de retro 
 
• 
Question 8 
0 out of 2
The creditor cannot in any legal manner collect his credit (subsidiary 
character of rescission) 
 
The object of the contr
True, True 
 
True, False 
 
  
False, False 
 
• 
Question 14 
0 out of 2 points 
 
If the cause is not stated in the cont
lifetime. 
 
• 
Question 17 
2 out of 2 points 
 
Michael Fermin, without the authority of Pascual Lacas, owner of a car, sol
Ratification 
 
• 
Question 20 
2 out of 2 points 
 
Implies that there is a cause but the same is unlawful or illegal
Answers: 
Death, civil interdiction, insanity/insolvency of either party before 
acceptance is conveyed. 
 
  
Acceptance of
Answers: 
  
True, True 
 
False, False 
 
False, True 
 
True, False 
 
• 
Question 27 
0 out of 2 points 
 
Which of the fo
Rescissible. 
 
  
Void. 
 
• 
Question 30 
2 out of 2 points 
 
Are contracts which requires compliance with certain forma

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