MOCK BAR EXAMINATION QUESTIONS IN CIVIL LAW REVIEW II 1. A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct? a. Mr. D cannot be sued under a culpa criminal theory of Mr. P. b. Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D. c. Mr. PD can sue CRV Lines under a contractual theory. d. CRV Lines can be sued by Mr. P only under a contractual theory. 2. Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide. a. b. c. d. Seller may always withdraw the offer before 30 days. Seller can withdraw the offer prior to acceptance by Mr. Buyer. Seller cannot withdraw before the lapse of 30 days. Answer is not given. 3. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct? a. Miss X may sue Mr. O under a breach of contract of carriage. b. Miss X may sue Mr. TP under a culpa aquiliana theory. c. Miss X may sue the driver of Mr. TP under a culpa criminal theory. d. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP. 4. Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms: (i) down payment of P500,000; (ii) entire balance is to be paid on December 24, 2004; (iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand. a. Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale. b. Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance. c. Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance. d. Mr. Seller can only cancel or rescind the sale. 5. Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004. a. The sale is voidable. b. The sale is valid and can be registered. c. The sale is valid but unenforceable and cannot be registered. 1 d. The sale is voidable but may be ratified. 6. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted. a. b. c. d. The donation is valid. The donation is voidable and may be annulled. The donation is void and Mr. X may get the cell phone back. The donation is void but Mr. X cannot get the cell phone back. 7. Which among the following must be in writing to be valid? a. b. c. d. A sale of a land. Every donation of personal or movable property. A contract of partnership with a contribution of an immovable. An authority by the principal to an agent to sell movables. 8. The following are contracts that require the delivery of the subject matter before a perfected contract exists. Which is the exception? a. b. c. d. An agreement to borrow/lend money. An agreement to borrow/lend a car. An agreement to deposit 1,000 bags of cement in a warehouse. A sale of a car. 9. Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct? a. The one with a better right is Buyer No. 2 b. Mr. Seller has done a double sale. c. The one with the better right is the buyer who registers the sale first in good faith. d. There is no double sale. 10. No. 1 – Fraud is always a ground for annulment of a contract. No. 2 – A simulated contract is voidable. a. b. c. d. Both are false. Both are true. No. 1 is false; No. 2 is true. No. 1 is true; No. 2 is false. 11. Which contract is rescissible? a. A contract where both parties are of unsound mind. b. A contract violating the statute of frauds. c. A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith. d. None of the above. 12. A contract of sale is deemed an equitable mortgage in any of the following situations, except: a. When the price is unusually inadequate. b. When the buyer retains for himself a part of the purchase price. c. When the vendor binds himself to pay the taxes on the thing sold. 2 Mr. The sale is a.000 sq. An oral agreement to pay for the debt. Buyer orally agreed on the following: (i) the land to be sold has an area of 10. 1 – A contract of sale is a mode of acquiring ownership.000. Which of the following contracts is not unenforceable? a. d. d. Y as security for a loan. guarantee suretyship pledge antichresis 18. 17. The obligation is unenforceable. Both are false. When the debtor binds himself to pay when his means shall permit him to do so. X pledged his gold watch to Mr. When the buyer is in possession as lessee. Buyer with respect to numbers wrote 1. a deficiency exists. b. d. Y on April 29. Mr. Which is not correct? 3 . d. c. meters instead of 10. b. Mr. Mr. Seller knowing the inadequacies of Mr. 14. and (iii) Mr. no dog was delivered. An oral sale of movables with a value of P500. 2 – Every delivery transfers ownership. c. c. a. 16. No.On the due date. 13. 2 is true. c. X if after the auction sale. Mr. Mr. The obligation is a conditional obligation. d. d. 1 is true. c. The loan was not paid. Y must sell the ring to someone else even in a private sale. 2005. No. Y may recover the deficiency from Mr. 15. (ii) price is P5 million. Mr. b. The benefit of “exclusion” is available in a contract of a.000 sq. The obligation is deemed to be one with a period. No. meters. a. Y cannot recover the deficiency after the auction sale. c. An oral agreement to lend P50. With fraudulent intent. 1 is false. X promised to deliver a specified dog named “Auger” to Mr. void voidable but the contract may be reformed valid but the instrument may be reformed valid but the contract may be reformed 19. The obligation is void. Seller and Mr. Seller shall prepare the deed of sale. An oral sale of land. No. default or miscarriage of another. Both are true. b. b.000 sq.d. 2 is false. meters. a. No. Y may appropriate the ring as his own if there is a stipulation to that effect. b. Mr. No. Mr. d. a. Which is not true? a. owner of a car. Mr. X refuses to file the suit. i. sold the same car in the name of Mr. The mortgage agreement provided for a “first refusal clause”. Mr. Mr.e. b. ME. 2 is false. No. Y. 1 is true. Y.a. 2 is false. No. without the authority of Mr. d. X had no authority but he sold the car in the name of Mr. ME as security for a substantial loan he obtained from the latter. Y P250. No. Y. X. c. d. b. No. X lost heavily in a private gambling with Mr. 2 – If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered. valid because all of the essential requisites of a contract are present. Y cannot collect the unpaid losses of Mr. Z. If the dog died on April 30 without anyone’s fault. 21. Mr. c. The contract between Mr. 24.Mr. He still owes Mr. is obligated to offer the property first to Mr. d. 2 is true. the owner. X may file a suit to recover the losses if Mr. MO executed a real estate mortgage over his land in favor of Mr. No. Mr. No one shall bear the loss. b. e. 1 – The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. No. d. 2 is true. 2 – A creditor may be compelled to receive a certified check in payment of a loan. 22 . Z is a. Both are true. 4 . b. ME in case he decides to sell the property mortgaged. Mr Y shall bear the loss because of res perit domino. X and Mr. The wife of Mr. c. Y shall bear the loss because of genus nunquan perit. b. Y has the obligation to return the losses of Mr. Y.. 1 is false. Mr. b. a. c. As long as the mortgage exists. MO may sell the property mortgaged with the consent of Mr. Z. No. rescissible because the contract caused lesion to Mr. No. Which of the following statements expresses a correct legal principle? a. Y by reason of delay. Both are false. No. 23. X. X shall be liable to Mr. Mr. MO. No. Mr. No. 1 – The laws governing deposits govern the relationship between a bank depositor and a bank. Mr X shall bear the loss because of genus nunquan perit. 20. Both are true. Y to Mr. c. void because of the absence of consent from the owner. X. 1 is false. 1 is true. No. MO has no right to sell his property to anyone. Mr. X is estopped from recovering his losses. Mr. unenforceable because Mr. Both are false.000 representing losses. a. b. Those entered into by guardians in the above when the lesion suffered is one fourth of the value of the property. Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one third of the value of the object subject matter thereof. Mr. Which of the following expresses a correct principle of law? a. C has a right of redemption. Which of the contracts below are rescissible? a. d. Those undertaken in fraud of creditors even if the latter has other means to collect the debt. A relatively simulated contract. The contract between the parties is rescissible. If B sells his land to D who does not own any rural land. ME rescissible 25. The contract between the parties is subject to ratification by the parties. d. does not constitute fraud. d. does not vitiate consent. c. void abs initio.Mr. b. 29. 26.c. c. b. The offer was orally accepted. b. By agreement. b. C has a right of redemption. MO with anyone. Simulation of a contract always results in a void contract. If Mr. 27 . A violation of the ‘right of first refusal clause” will make the contract entered into by Mr. 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. Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person. Y may successfully sue for fulfillment of the obligation even if he has not tendered payment of the purchase price. An oral sale of a parcel of land. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million. X refuses to deliver the land. d. A sale of land by an agent in a public instrument where his authority from the principal is oral. d. If Mr. A violation of the “right of first refusal clause” will make the contract entered into by Mr. A and B are adjoining owners of a rural land.500. the latter may not successfully sue Mr. 28. if the claim is legal or just. c. Which of the following contracts are void? a. Which of the following reflects a correct legal principle? a. B. X refuses to deliver the land on the agreed date despite payment by Mr. and C. Y. A threat to enforce one’s claim through competent authority. 5 . X because the contract is oral. Those where the contract is absolutely simulated. If A decides to sell his share to B. A donation of a wrist watch worth P4. c. Failure to disclose facts when there is a duty to reveal them. are co-owners of a three-hectare orchard. Each land has an area of half a hectare. A. c. S sold a banana plantation to Mr. A. 32. 000.000 at the time he joined the partnership. d. d. 000.000 contribution shall remain with the partnership b. B and C and C can recover for reimbursement from A and B d. d. D will be liable only if he knew of the liability of P80.c. If the right to repurchase is not exercised within the period agreed upon. a judicial order is necessary to consolidate ownership on the buyer.00 each. S sold his land to Mr. B and C shall be liable jointly or pro rata. S. B and C c. Ownership will be consolidated only with the consent of Mr. Ownership of the land will be consolidated only upon a judicial order.00. Ownership of the land was consolidated on Mr.00. 33. leaving a contractual liability of P10. b. out of their separate property. 000. 000. In this case: a. d. S. D is liable to E for this obligation so that after the assets of the partnership will be exhausted. 000. 31.00 will be exhausted leaving a balance of P12. 000. no such redemption was made. X can recover the amount from: a.00 was incurred by the partnership in favor of X. B with a right to repurchase within ten years from the date of sale.00. No reimbursement may be recovered by C. A contract of sale is not a mode of acquiring ownership. 000. A. leaving a balance of P12. At the time of his admission. c. 6 . only A.00. including D.00 each to the capital of the partnership. Their contribution is P20. A and B only b. by virtue of the failure to redeem by Mr.000.00. a. 000. A. all the partners shall be liable jointly or pro rata. Ownership of the land will be consolidated only upon the registration of the sale with the registry of deeds. 30. The contract is a sale. Mr. A and B are capitalist partners. the partnership has an outstanding obligation to E in the amount of P80. The contract gives rise to an action for annulment. If the capital assets have been exhausted to pay X. Despite the lapse of the period of redemption. c. a. D is liable to E for this obligation so that after the assets of the partnership amounting to P68. Mr. A and B contributed P15. D is admitted as a new partner with a contribution of P8. out of their separate property. S shall remain in possession as lessee of the land and shall be responsible for the real estate taxes. The contract gives rise to an action for rescission. A contractual liability of P40. with C as an industrial partner. The contract is presumed to be an equitable mortgage. b. It was agreed that Mr. B for P3 million although its market value is P20 million. B and C are partners engaged in a retail business. D is not liable to E for this obligation and his P8. Institute an action for a declaration of nullity of the sale to Carlos. The BIR may not levy upon the land because the sale is valid. Yes. Cruz for P300. Mr.00 but the BIR has evidence that said price had never been paid. Mr. Ayco offered to sell his land to Mr. Institute an action for the recovery of the land. No. the proper remedy of Renato is to: a.000 b. He cannot compel Mr. Ayco to return the payment because the contract is unenforceable. d. The BIR.000 first offered and execute the deed of sale? a. The deed of sale stated a purchase price of P20. Mr. Antonio sold the land to Carlos who immediately took possession in good faith. Institute an action for the annulment of the sale to Carlos. 36. He may sue Mr. The BIR should first have the sale rescinded for lesion to the government. Cruz accepted the offer and paid Mr. What can Mr. b. He may compel Mr. Andrea gave Bernardo two months within which to pay the price of P500. He may occupy and use the land as a buyer in good faith. Ayco to execute the Deed of Sale because the contract is valid.000. 000. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. 000. because there was actual meeting of minds of the parties. because Bernardo did not signify his acceptance of the offer of P500.Andrea wrote Bernardo a letter offering to sell a piece of land. Cruz for the Deed of Sale. In order to evade the payment of the tax liability.00 in favor of his brother. Can Bernardo compel Andrea to accept the P500. Yes. advertisements for bidders 7 . Which of the following constitutes an offer? a. 000. On the following day. Cruz do? a. Yes. c. he executed a deed of sale of his only parcel of land valued for P100. an definite offer made through an agent b. The BIR should first have the sale annulled before it may levy upon the land pursuant. d.Reyes pursuant to the Tax Code. After 50 days Andrea informed Bernardo that she is increasing the price of the land to P700. c. Mr. c. because Andrea is already estopped by her signed letter.000.34. b. without having the sale annulled may levy upon the land of (Mr. d. Ayco to return the purchase price under the legal principle that no one may enrich himself at the expense of another 35. Ayco delivered the owner’s duplicate of the Transfer Certificate of title of the land. b. Mr. because the period of 2 months has not yet expired. Reyes has a tax liability of P100. d. Cruz wants to register the land in his name but the Register of Deeds asks Mr. 38. 000. Antonio sold a piece of land to Renato binding himself not to sell the same to another person. c. Ayco the purchase price. In the case at bar. 37. Pablo. business advertisement of things for sale c. a. Institute an action for damages against Antonio. in money or property. Mr. 41. Upon expiration of seven (7) days. Mr. a. When the debt fell due. Mr. a. Domingo for P5. c. d. renders the contract of partnership unenforceable. Y may foreclose the mortgage because Mr. G as guarantor. does not affect the liability of the partnership to third persons and the partnership still has a legal personality. 000 even if there is a stipulation. X did not pay despite demand. 39. G because he guaranteed payment of the debt. C to exhaust all the properties of the Mr. D has absconded. 8 . D is insolvent. c. The pawnshop sold the watch at public auction to the highest bidder at P4. Y has no right to foreclose the mortgage because the house and lot are not chattels. c. 40. b. 42. 000 even without a stipulation. a. 000 from Ben. The pawnshop cannot recover the P1. d. G may ask Mr. Failure to comply with this requirement. D borrowed P500. b. Mr. which must be recorded in the Office of the Securities and Exchange Commission. a. 43.000. d.000.d. When the obligation became due. Mr. When goods are delivered to the buyer “on sale or return”. b. Mr. 000 from Mr. shall appear in a public instrument. Every contract of partnership having a capital of three thousand pesos or more. X consents to the foreclosure. Y has no right to foreclose the mortgage unless Mr. c. X is estopped from claiming the invalidity of the chattel mortgage over the real property. for a period of seven (7) days. The pawnshop can recover the deficiency of P1. Mr. The pawnshop can recover the P1. Upon acceptance by the buyer of the offer of the seller. Y. Y. On the due date Ben failed to pay his loan and redeem the watch. Mr. C may collect from Mr. affects the liability of the partnership to third persons and the partnership has no legal personality. a. Y has no right to foreclose the mortgage because he can sue for collection. b. C with Mr. but foreclosure should be made under the procedure of a real estate mortgage. G may refuse to pay even if Mr. Ben pledged his watch to V. renders the contract of partnership void. Mr. G may refuse to pay even if Mr. D did not pay despite demand. Upon perfection of the contract. X executed a chattel mortgage over his house and lot to Mr. Mr. D first before collecting from Mr. d. Mr. The pawnshop cannot recover the P1. G. 000 unless there is a stipulation. c. Upon delivery of the goods. a declaration of an intent to sell. b. d. Mr. ownership of the goods passes to the buyer. and C. Mr. A. a friend one Sunday morning where a card game was going on. b. X. c. Which of the following is most likely incorrect? a. c. Jose joined the game and lost P50. d. B and C solidarily. For payment to extinguish the obligation: a. Mr. X is not a partner of A. Mr. Seller wrote Buyer offering to sell his only house for a specified price. 47. D could only deliver ninety (90) bottles. b. D promised to deliver 100 sacks of a certain type of rice. 48. b. d.000. 45. X made T believe that he is a partner of A. Buyer offered to buy the same house for the same price and the letter containing the offer to buy was also mailed on the same date it was written. D promised to deliver to Mr. Without the consent or knowledge of C but with the implied consent of A and B. c. There is no contract because the offers were not certain. d. A. Mr. B and C pro rata. The obligation may be deemed fully performed. B.000 from the winner with legal interest from the time he paid the amount lost. Who shall be liable for the payment of a debt of P500. Jose may recover P50. 9 . 000 in favor of T who extended credit on the basis of the misrepresentation? a. The winner cannot maintain an action to collect the P10. B. a. All of the above. C 100 bottles of Japanese red wine of a specified brand. Jose may recover P50. 000 more. X. Jose went to visit Pablo. b. Payment must be in legal tender. O’s obligation is deemed fulfilled. b.000. There is a perfected contract. Payment must not have been justifiably refused by the creditor. He delivered only 90 sacks but the obligee did not object to the incomplete delivery.000 from the winner but without legal interest. Without the knowledge of Mr. If Jose refuses to recover from the winner. 46. The thing or service in which the obligation consists must be completely delivered or rendered. In the immediately preceding letter (a). D could recover as though there had been a delivery of 100 bottles. The letter was mailed on the same date it was written. X. X. and C. d. There is no contract because there was no acceptance. On the same date and time Seller and Buyer received the letters written to each other. Mr. A and B pro rata. There is a perfected contract only when they have orally confirmed their having received the letters written to each other. A and B solidarily. the spouse of Jose may institute the action to recover. D. c. Which among the following statements is not correct? a. He became indebted to the winner for P10. Despite earnest efforts. production of the wine had been stopped. c.44. On the due date of the obligation. b. Debtor instead offered his TV set worth P20. Same as letter “b” except that Third Person may not foreclose the mortgage on Debtor’s car because the mortgage was exclusively constituted in Creditor’s favor. b. 49. D owes Mr. 10 . The receipt of the check by Mr. Which among the situations below states a correct principle of law? a. On the due date of the obligation. D pays B. 000 from Debtor even if the debt had been condoned to the extent of ½. Y cannot be compelled to accept the check. 52. Third person pays Debtor’s debt without intending to be reimbursed by (c) Debtor. The payment is not valid even if it redounded to the benefit of C. If Third Person pays without the knowledge or against the will of Debtor. 000. Same as letter “b” except that Third Person may not foreclose the mortgage on Debtor’s car. There is likewise no stipulation as to Third Person’s right to pay.000. Third Person pays Debtor’s debt without intending to be reimbursed by Debtor. Third Person may recover P500.000 in payment of the obligation. d. Mr. D owes C P20. There is no payment because the debt may only be discharged by the delivery of legal tender. On the due date. a. b. If Third Person pays with the Debtor’s knowledge and consent. Debtor owes Creditor P500. X offers a check in payment of the obligation. d. The payment will not extinguish the obligation even if accepted by Creditor if Debtor does not consent to the payment. 000. Mr. The payment will extinguish the obligation if Debtor does not consent to the payment. Creditor agrees. unless Creditor consents. a. Debtor owes Creditor P20. Mr. 000 from Debtor even if the debt had been condoned to the extent of ½. Mr. There is dation in payment or dacion en pago. Debtor could not pay. b. Third Person may foreclose the mortgage on Debtor’s car. There is payment pursuant to a facultative obligation because of a substitution. d. Y extinguishes the obligation if the check is a certified one because it is as good as cash. The creditor cannot be compelled to accept payment or performance by a third person who has no interest in the fulfillment of the obligation or unless there is a stipulation to the contrary. c. d. a. 000. Since no Rado watch was available on the due date. The receipt is not equivalent to automatic payment if the check is not a certified check.d. Third Person may recover P500. c. 51. 50. Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. Creditor must accept the watch. Y P10. c. Debtor decided to deliver a watch of a different brand more valuable than the one that is due. The debt is secured by a chattel mortgage on Debtor’s car. There is payment by cession. brother of C. Debtor is obliged to give Creditor a Rado watch. Y has no reason to refuse the check if it’s fully funded as certified to by the bank. If Debtor fails to pay. c. c. Creditor. 000 due March 5 and P10. When there is a change in the object or principal conditions. Debtor has only P10. Debtor decides to pay P10. domicile of Mr. b. Makati City if so stipulated. To the debt due on February 5 being the oldest debt. 000 and cannot pay all his obligations. Payment is to be made in a. The place designated by Mr. expiration. the debtor may avail of a. Mr. domestic money in any denomination.53. 57. Creditor is domiciled in Manila. 54. b. Manila.The extinguishment of an obligation by the passage of time is a. d. Creditor as follows: P10. 59. 000. d. annulment. legal tender. 000 due February 5. P10. Quezon City. certified checks. a. b. legal treasury notes. all during the current year. c. When the characters of the creditor and debtor are merged in one and the same person. c. 11 . 58. Mr. c. c. Debtor owes Mr. d. d. b. To the debt chosen by Mr. Debtor. confusion compensation novation condonation or remission 55. application of payment. cession in payment. there is extinguishment of the obligation by. a. Mr. domicile of Mr. confusion compensation novation condonation or remission 56. Debtor is domiciled in Quezon City while Mr. public or private. prescription. d. To the debt chosen by Mr. d. dation in payment. c. tender of payment and consignation. Where the debtor has various debts of the same kind in favor of the same creditor and on the due date the debtor does not have sufficient funds to cover all the debts. Debtor. Creditor. 000 due April 5. the amount shall apply: a. fulfillment of a resolutory condition. It is that currency which the debtor can compel the creditor to accept in payment of all debts. If Mr. b. b. b. c. Debtor. an obligation is extinguished by a. Creditor refuses to accept the check. Mr. Whenever the thing is lost in the possession of the debtor. His financial situation indicates that his liabilities for exceed his assets. Creditor in the amount of P100. Debtor has no legal basis for making a consignation. d. The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned. Mr. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor. Which among the following fails to state a correct legal principle? a. On the due date. a. 000. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness. consignation must be preceded by a valid tender of payment. b. The debt is secured by a pledge on a ring owned by Mr. Which is the exception? a. Debtor delivers a cashier’s check for the full amount. Mr. When the title to the obligation has been lost. d. and requires the acceptance by the obligor. the debt of Mr. When the creditor is absent or unknown. The creditor may be considered in mora accipiendi. Which among the following is most likely correct? 12 . Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case. 64. When two or more persons claim the same right to collect. the creditor refuses to give a receipt. Debtor owes fifteen (15) persons substantial amounts of money. d. Creditor. Debtor cedes or assigns his properties to his creditors. 61. Mr. b. b. 63. The creditors acquire ownership of the properties assigned or ceded. As a general rule. c. The creditors shall sell the properties assigned and when sold. the debt of Mr. 000. Debtor executed a promissory note in favor of Mr. If Mr. Enumerated below however. unless there is proof to the contrary. Debtor owes Mr. a. or does not appear at the place of payment. c. It may be made expressly or impliedly. The creditors shall sell the properties assigned and when sold. When for any cause. Debtor. Debtor shall only be released to the extent of the net proceeds of the sale. are situations which allows a consignation without a prior tender of payment. Mr. Mr. To the debt due on April 5 if it is an interesting obligation.d. c. The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor. c. b. 62. it shall be presumed that the loss was due to his fault. 60. Mr. Creditor P100. Condonation or remission is essentially gratuitous. d. the following must be complied with. the passive subject is Mr. b. The active subject is Mr. or substituting another in place of the debtor. by virtue of a written agreement agreed to deliver to Mr. Debtor without collecting the debt. the passive subject is Mr. b. 69. The active subject is Mr. d. c. Which is the exception? a. If on the due date. the active subject is Mr. which extinguishes or modifies the first either changing its object or principal condition. If the debt is condoned by Mr. 65. or subrogating a third in the right of the creditor. accion subrogatoria novation accion pauliano none of the above 67. Oliveros. For compensation to be proper. Santos is the active subject. b. the prestation is the delivery of the car and the juridical tie is the contract. Oliveros. Oliveros is the passive subject and the juridical tie is the contract. d. Creditor returns the thing pledged to Mr. c. Which among the following is not an essential element of an obligation? a. The prestation is the car. Mr. the pledge and the loan are deemed extinguished. Creditor delivers the note to Mr. c. culpa criminal 13 . the pledge is not condoned. d. When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation. d. c. there is an implied condonation if the note is a private instrument. Creditor. Oliveros. The passive subject is Mr. the juridical tie is the law and the prestation is the giving of the car. a. b.a. Active and passive subjects. Both debts be liquidated and demandable. Debtor. b. Both parties are insolvent. Santos a car on a specified date provided the latter pays the former P1 million. Form of the obligation Prestation Juridical tie 68. Santos. Both debts are due. d. Oliveros. the latter is liable to the former on the basis of a. Creditor delivers the note to Mr. Santos. Both debts consist in a sum of money or of the same kind. a. there is an implied condonation if the note is a public document. Santos. Mr. If on the due date. 66. the prestation is the delivery of the car and the juridical tie is law. Debtor without collecting the debt. Mr. Mr. c. Mr. If Mr. It is the substitution or change of an obligation by another. c. The obligation of Pedro to give the package to Pablo arises from a. unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another. d. If later on. b. the basis of the defendant’s liability is a quasi-contract. Only No. b. c. his neighbor. d. There must be an abandoned or neglected property or business. a. culpa extra contractual c. for annulment because of dolo incidente. 2 . No. The quasi-contract of negotiorum gestio requires the following. b. They are lawful. Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. 71. 73. Marita discovers the misrepresentation. for annulment because of dolo causante. Pedro receives a package via Federal Express. The owner must consent to the management of his business or property by someone. law contracts moral obligations solutio indebiti 74. Believing it to be a genuine diamond ring. sue for damages alone because of dolo causante. Both statements are false. Which is the exception? a. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property. c. culpa aquiliana 70. there being no contractual relationship between them. No. sue for rescission. 2 is true. c. Someone voluntary takes charge of that abandoned business or property. culpa contractual d. 1 is true. d. Marita bought and paid for the ring. Quasi-delicts Quasi-contracts Culpa contractual None of the above 72.b. c. 1 .When the defendant causes damage to the plaintiff through the formers fault or negligence. d. a. b. Both statements are true. 14 .the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. Marita may: a. d. b. Only No. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo. 78. b. Pedro is liable for damages. d. c. On December 30. 76. Pedro is liable for interest. Only No. No. b. Pedro promised to give Jose an orchard planted with mango trees on November 30. Pedro failed to pay. 2005. None of the above. Roxas for P600.75. 2005. Only No. Robles as seller is: a. 77. c. b. 80. Pedro is in default. to have the contract rescinded because no date is fixed for performance. 2005. Jose has a real right. There was no agreed date for delivery and payment. A debt has a maturity date of November 1. d. It may be incidental but both parties should not be in pari delicto. b. On the due date of the obligation. 2004. It may be incidental but should have been employed by both parties. 1 . 2004. c. b. Pedro is not in default. d. The obligation of Mr. c. November 1. Robles sold his only car to Mr. to deliver the car immediately because his obligation is pure. It may be serious and the parties must be in pari delicio. Before November 30.If a person obliged to do something fails to do it. c. 2 is true. If the debtor is made liable for interest. c. 79. Pedro borrowed money from Jose. to deliver when Mr. the interest shall commence to run on a. the only remedy of the obligee is to demand for the payment of damages. Jose has no right. Jose has both a personal and a real right. a. b. Both are true. 2005. d. 2005 but demand was made on June 1. d. he may be compelled by court action to fulfill his obligation. Both are false. Jose has a personal right. a. Pedro paid the debt. 15 . June 1. 2005. No. 2 . Roxas is ready to pay. payable on November 26. Payment was made on November 1. Mr. 2005. In order that fraud may make a contract void able: a. what right does Jose have over the orchard? a. to deliver the car immediately because there is already a perfected contract. 1 is true. It should be serious and should have not have been employed by both contracting parties. The date the obligation was incurred.If a person obliged to do something fails to do it.000. d. None of the above. D. Payable on December 31. Eusebio can be compelled to accept the payment being offered if the interest will be reduced. Mr.81. c. 000. a. 2006 All of the above 84. P was walking along a busy street. 85. c. d.00 in a bingo game and he offered to pay PhP10. b. D can be construed as a voluntary act and hence. Mr. Mr. If sued for Mr. c. d. Which of the period in the following cases is intended for the benefit of the debtor? a. b. The remedy of B upon discovery of the fraud is. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B'’ failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. Mr. Gody won PhP100. P must pay on the basis of an implied contractual relationship. P has no obligation to pay because the services of Mr.00 payable on June 30. Delay or default means the failure to perform the obligation on the date agreed upon by the parties. On January 2. P must pay under a quasi-contract. While Mr. Incidental fraud is one committed in the performance of an obligation. 82. Eusebio refused to accept the payment offered by Gody. a. Which of the following statements is correct? a. 2005. Negligence signifies the idea of delay in the fulfillment of an obligation. P. d. Mr. Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete. d. b. 2006 Payable before December 31.00 to Eusebio. a donation. c. c. D’s services. 2006 Payable on or before December 31. he slumped and suffered from symptoms of a heart attack. b. Proper diligence of a good father of a family means extra-ordinary diligence. P has no obligation to pay because he did not ask for Mr.000. Annulment Reformation of the contract Rescission Answer not given 86. D’s services. a heart specialist saw what happened and through his expertise saved the life of Mr.000. Which of the following statements is incorrect? 16 . 83. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arrived. 2005 plus 10% interest. b. S and B entered into a sale of a four-hectare land for P1 million. and lost consciousness. Which of the following statements is correct? a. Gody obtained a loan from Eusebio in the amount of PhP10. d. There was no delivery however. Before the lapse of sixty days. the security is lost through no one’s fault. because there is a perfected contract. c. 2000. The debt is secured by a mortgaged on the house of Santos. 1 is correct. No. the full payment of the price is a suspensive condition for the seller to deliver. Bernardo agreed to the period.000. In a sale.If before the due date. d. No. a. On June 5. 1 is wrong. 2000. Yes. 89. Yes. a. 1 . d.000 offer? a. b.000. because two months have not yet elapsed. d. because Seller is estoppel by his original letter. The full payment of the price is sufficient to make the buyer the owner of the thing sold. b. No. because Jose Dizon is in legal delay. 2 is correct. May the Seller be compelled to honor the P500. Both are wrong. the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos. Before the lapse of sixty days no withdrawal can be made but the price may be increased. Yes.000. d. Jose Dizon was supposed to deliver to Ruben Samia a specified red car. Alonzo offered to sell to Bernardo a parcel of land at a specified price.000. c. 2 is wrong. Seller wrote a letter to Buyer offering to sell a piece of land for P500. Delivery of the thing sold is necessary to transfer ownership. the garage of the car collapsed because of an earthquake and the car was totally destroyed. On June 15.If the house was burned up to 25% its value through the fault of Santos. because Buyer did not accept the original offer. c. because there was no demand and the car was lost through a fortuitous event. 90. because there was a meeting of the minds. Buyer insisted on an acceptance for P500. 87. No. b. No. Delivery in a real contract is required not for transfer of ownership but for the perfection of the contract. No. No. Is Jose Dizon liable? a. Seller gave Buyer two months to decide and pay the purchase price. No. Yes. b. on said date. Santos owes Maria P5 million. 2 .a. c. 17 . Maria can declare the debt due and demandable even before the original maturity date. because he could plead impossibility of performance due to a fortuitous event even if he is in default. Both are correct. Before the lapse of two months. 88. b. Seller wrote Buyer that the price is now P700. He wants to compel Seller to execute a deed of sale for the original offer of P500. Alonzo may withdraw the offer or increase the price. No. Yes. Alonzo gave Bernardo (60) days within which to accept the offer. Renders the contract of partnership void. he is liable. Y. No. and Z are partners in XYZ Partnership. 2 is true. 94. a pick-up truck. No withdrawal can be made because there is already a perfected option contract. c. d. Jose has no choice but to deliver the van. if before delivery. No withdrawal can be made before sixty days because the period is binding. all of which are specific. A owns two parcels of land which he contributed to the partnership. Y as limited partner. Both Nos. are false. Renders the contract of partnership unenforceable. No. 92.5 million each because they are general partners b. 2 . shall appear in a public instrument. Shall not share in the losses except if he contributes capital also. a. No. 2 is true. If the van was lost through a fortuitous event before delivery. The profits of the land and the trucks were also included as contributions. d. 1 . Both Nos. the obligation is extinguished and Jose is not liable. c. Shall share in the losses only if there is a stipulation. 1 is false. d. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality. Affects the liability of the partnership to third persons and the partnership has no legal personality. X. the van was lost because of Jose’s fault. b. The total partnership assets is P3 million. d. he has no choice but to deliver the van.c. A and B are partners in A & B Partnership. the industrial partner shall. Failure to comply with this requirement. 1 is false. Universal Universal partnership of all present property Universal partnership of all profits Particular partnership 95. which must be recorded in the Office of the Securities and Exchange commission. B owns six trucks which he contributed to the partnership. No. at the option of Jose. In case of losses. 93. X and Z for P1. c. Jose is under obligation to deliver to Pedro. 91. The properties contributed are all what A and B own. X. a. Shall not share in the losses even if he contributes capital. After five years of operations. Ltd. are true. b.If the car and the pick-up truck were lost through Jose’s fault.If the pick-up truck and the car were lost through a fortuitous event. c. the partnership incurred debts in favor of third persons totaling P5 million. The partnership is: a. d. Who among the partners shall be liable with their separate property in favor of creditors? a. b. No. or a van. No. a. Every contract of partnership having a capital of three thousand pesos or more. a car. b. Share in the losses in any event. Y and Z for P1 million each 18 . in money or property. Mr. Which of the following is correct? a. The disposition by the debtor of his assets to the prejudice of the creditor is void. c. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus. P. A rescissible contract arises whenever the debtor defrauds the debtor. A relatively simulated contract is void. b. Mr. c. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus. In a pledge. e. Which of the following statements is more likely in accordance with accepted legal principles? a. What is the legal concept of possession? a. Mr. P may initiate a criminal action only against the driver of the bus. Mr. the thing pledged may be in the custody of a third person. d. Mr. c. Mr. The right to rescind a contract in a reciprocal obligation must always be stipulated. d. Mr. X. 96. 98. 100. An unenforceable contract is void. P may initiate a criminal action against Allied Bus Lines. 97.c. The holding of a thing or the enjoyment of a right b. Mr. Services may be the object of a contract of sale. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. Mr. b. a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. In a contract of sale. b. delivery does not always transfer ownership. Mr. P may initiate a criminal action only against the driver of the bus. It is material occupation or by the fact that the right or property is subjected to the will of the claimant 101. the seller retains ownership of the thing sold until the condition of full payment is fulfilled. b. c. d. A voidable contract produces legal effects. and Z depending upon their capital contribution. P may initiate a criminal action against Allied Bus Lines. a passenger in Allied Bus Lines. c. d. Y. Fraud is always a ground for annulment of a contract. Which of the following statements is more likely in accordance with accepted legal principles? a. 19 . In a contract to sell. d. 99. Which of the following is correct? a. b. P. a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. The debtor always loses the right to make use of the period whenever he becomes insolvent. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. Which of the following is correct? a. a passenger in Allied Bus Lines. May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor? 20 . the benefit of excussion cannot be waived. the new obligation novates the first 104. The benefit of excussion serves to protect the guarantor from unscrupulous debtors c. it is expressly provided that the creditor must first exhaust all the properties of the debtor. Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract? a. as long as the calling of the same was valid and constitutional d. as such it suspends the running of the prescriptive period b. the same was void. Yes. it may not be waived by reason of public policy and commercial convenience 106. Paul was only able to pay 14 monthly installments. All of the above 102. Which is not an element of Novation? a. Yes. No. hence. Give the best answer. has sufficient properties to cover the debt d. a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy b. may the benefit of excussion be waived? a. None of the above 103. Under a contract of guaranty. it has the effect of a force majeure. Paul contended that there was an automatic rescission done by Nik. If they are compatible. The new and the old obligations must be on every point incompatible with the other c. the same being void under RA6552 d.c. The rescission done by Nik was in faithful compliance with the Maceda Law. a. Answer not given 105. The gathering of the products and the act of planting on the land d. after the 60 day grace period and after 30 days of Paul’s receipt of the notice and letter calling for the rescission of the contract Nik rescinded the same. Yes. No. Each of the obligations must have its independent existence d. Yes. Paul has a right to demand payment for damages caused by the automatic rescission done by Nik. as the notices sent by the latter would not suffice the requirement of a notarial act. No. the benefit of excussion may be waived provided the person owning such benefit. as the grace period and the sending of notices was complied before rescission b. it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period c. The rescission done by Nik was void as it fell short on compliance with the law. c. The new obligation is laid down in unequivocal terms b. Nik sold to Paul a real property payable in monthly installments within a 5 year period. voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person. A contract is binding between the parties notwithstanding the absence of a law that governs it. A court is empowered to ignore an unreasonable contract for attorney’s compensation although it is not shown to be contrary to morality or public policy.a. Article 1157 at the Civil Code enumerates the different sources of obligation. The supposed vendor has remained in the possession of the property even after the execution of the instrument c. None of the above 112. No. the labor liability claims are deemed transferred to the latter. a. c. without any valid reason. This enumeration is exclusive. True b. 21 . none of the above 107. a. a. True b. as long as it is not contrary to morals. The consideration has been proven to be unusually inadequate b. True b. good customs. the mortgage constitutes a lien on the determinative properties of the employer-debtor. No. “B’ and “C” only e. the responsibility for the liabilities by the mortgagor towards his employees cannot be transferred via an auction sale to a purchaser who is also the mortgagee-creditor of the foreclosed assets. False c. Yes. or public order. True b. even if the contract is not finally perfected as long as there was a definite offer made by the other party who. False c. A part can recover damages incurred during the period of negotiation. None of the above 109. Which of the following is not a form of an equitable mortgage? a. None of the above 111. An obligation to pay can arise from certain lawful. False c. a. b. because it is specially preferred credit to which worker’s monetary claims is deemed subordinate d. None of the above 110. public policy. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them 108. False c. after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor. withdrew from the negotiations. The alleged seller has continued to pay the estate taxes on the property d. True b. True 22 . True b. The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay. None of the above 115. True b. The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability. The rule that once a criminal action is filed the civil action is suspended is absolute. When “A” promises to deliver to “B” one of his present antique ears. False c. True b. False c. False c. a. False c. None of the above 116. None of the above 119. False c. The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone. he is confined to deliver only any of the antique cars that presently belong to him. False c. a. a. True b. True b.a. When “A” promises to deliver to “B” any car. True b. a. a. None of the above 114. a. True b. None of the above 117. a. a. There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due. None of the above 118. the oblique may impose personal force or coercion to compel the obligor to comply with his obligation. he has the obligation to preserve his car with due car. None of the above 120. In an obligation to do or to render service. False c. None of the above 113. False c. The court can fix the period when the obligation is subject to the sole will of the debtor. False c.b. None of the above 125. None of the above 123. An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation. None of the above 121. None of the above 127. False c. False c. a. False c. An obligation where the period of payment is subject to the will of the debtor or obligor is void. a. True b. False c. a. The diligence of a good father of the family is the fixed degree or standard of care required in circumstances. False 23 . a. True b. True b. None of the above 124. negligence or delay is liable for damages. a. The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing. None of the above 122. True b. True b. True b. A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void. None of the above 126. a. A person who in the performance of his obligation is guilty of fraud. None of the above 128. a. The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse. True b. True b. a. False c. False c. False c. False c. True b. Consequently. he can no longer seek for rescission of the contract.c. None of the above 132. A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties. he later may ask for performance. a. a. of he seeks performance. None of the above 24 . In facultative obligations. False c. None of the above 129. The court may fix the period of payment when the duration depends upon the will of the debtor like in: “When my means permit me to do so”. None of the above 131. True b. True b. When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations. only one thing is due but the debtor has reserved the right to substitute it with another. True b. None of the above 133. or “as soon as I have money” a. True b. False c. a. True b. However. False c. A debtor shall lose every right to make use of the period when he attempts to abscond. None of the above 135. If an injured party in a contract has demanded rescission. None of the above 130. True b. None of the above 134. or “as soon as possible”. a. False c. a. An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition. the loss of the substitute extinguishes the obligation. False c. a. False c. B 121. D 53. C 20. D 74. D 27. C 52. C 99. B 77. C 10. A 123. C 23. B 60. B 2. A 16. D 4. B 125. B 12. B 105. A 114. B 67. A 18. C 24. D 108. C 70. D 30. A 29. B 50. A 115. B 103. C 49. B 113. D 25. C 6.ANSWER KEY IN CIVIL LAW REVIEW ll 1. B 68. A 59. C 8. B 120. B 119. D 66. D 15. B 11. A 78. C 101. B 58. A 56. B 26. D 17. B 118. A 65. B 76. B 54. D 21. D 57. A 106. D 107. C 64. C 62. B 109. B 25 . B 75. A 111. D 71. A 112. A 110. D 104. A 63. A 14. D 100. C 97. D 72. D 102. B 3. A 22. A 117. C 73. D 28. C 19. E 13. C 61. B 5. B 126. D 51. C 7. A 55. A 122. B 116. C 98. B 69. B 124. D 9. A 132. A 128. A 80. D 93. D 32. A 134. B 84. C 47. B 129.31. D 46. B 131. A 92. B 79. A 36. A 87. A 130. B 135. B 85. D 42. D 44. C 37. A 91. A 39. B 40. D 48. A 41. A 89. D 86. C 82. B 26 . C 35. B 38. A 45. D 94. A 33. C 88. A 90. A 133. B 95. C 83. C 43. B 34. D 81. D 127. C 96.