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. b. c. d. Miss X may sue Mr. O under a breach of contract of carriage. Miss X may sue Mr. TP under a culpa aquiliana theory. Miss X may sue the driver of Mr. TP under a culpa criminal theory. 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. b. c. d. The sale is voidable. The sale is valid and can be registered. The sale is valid but unenforceable and cannot be registered. The sale is voidable but may be ratified.

1

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. b. c. d. When the price is unusually inadequate. When the buyer retains for himself a part of the purchase price. When the vendor binds himself to pay the taxes on the thing sold. When the buyer is in possession as lessee.

2

c. No. Which of the following contracts is not unenforceable? a.000 sq. Buyer with respect to numbers wrote 1. The obligation is a conditional obligation. Both are false. c. 1 – A contract of sale is a mode of acquiring ownership. No. c. X shall be liable to Mr. The benefit of “exclusion” is available in a contract of a. b. meters instead of 10. The obligation is void. c. a. If the dog died on April 30 without anyone’s fault. meters. Mr. guarantee suretyship pledge antichresis 18. When the debtor binds himself to pay when his means shall permit him to do so. Y cannot recover the deficiency after the auction sale. 14. 2 – Every delivery transfers ownership. 16. 3 . Seller and Mr. d. d.On the due date.000 sq. Mr. Mr. 15. 1 is true. b. d. X if after the auction sale. Mr. Mr. and (iii) Mr. Seller shall prepare the deed of sale. An oral sale of movables with a value of P500. X promised to deliver a specified dog named “Auger” to Mr. Both are true. Buyer orally agreed on the following: (i) the land to be sold has an area of 10.000 sq. The sale is a. Y as security for a loan. Y may appropriate the ring as his own if there is a stipulation to that effect. default or miscarriage of another. a deficiency exists. 2 is false. Mr. void voidable but the contract may be reformed valid but the instrument may be reformed valid but the contract may be reformed 19. 2 is true. The loan was not paid. Y by reason of delay. no dog was delivered. b. b. Y must sell the ring to someone else even in a private sale. The obligation is unenforceable. (ii) price is P5 million. Mr.13. 1 is false. Mr. An oral agreement to pay for the debt. d. c. 17. d. c. The obligation is deemed to be one with a period. Seller knowing the inadequacies of Mr. Y may recover the deficiency from Mr. X pledged his gold watch to Mr. No.000. With fraudulent intent. An oral agreement to lend P50. Which is not correct? a. meters. No. 2005. Y on April 29. An oral sale of land. No. d. No. Mr. a. b. b. a.

4 . Y has the obligation to return the losses of Mr. Y. No. X. Which of the following statements expresses a correct legal principle? a. Mr. 23.b. 1 is true.000 representing losses. Both are false. Z. Mr Y shall bear the loss because of res perit domino. No. Mr. ME. X lost heavily in a private gambling with Mr. Y shall bear the loss because of genus nunquan perit. b. c. The mortgage agreement provided for a “first refusal clause”. No. The wife of Mr. X is estopped from recovering his losses. X. 1 – The laws governing deposits govern the relationship between a bank depositor and a bank. e. the owner. Mr X shall bear the loss because of genus nunquan perit. 22 .e. Mr. owner of a car. b. i. rescissible because the contract caused lesion to Mr. void abs initio. 1 is true. Both are true. MO. Y cannot collect the unpaid losses of Mr. d. No. No. Both are false. No. c. X and Mr. 21. c. Y to Mr. No. Mr. b. Mr. Y. No. No. 2 is false. MO executed a real estate mortgage over his land in favor of Mr. 2 – If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be recovered. He still owes Mr. X. MO may sell the property mortgaged with the consent of Mr. Mr. No.. a. d. MO has no right to sell his property to anyone. d. a. Y. ME as security for a substantial loan he obtained from the latter. X may file a suit to recover the losses if Mr. valid because all of the essential requisites of a contract are present. X refuses to file the suit. No one shall bear the loss. Mr. As long as the mortgage exists. c. 24. 2 is false. 20. ME in case he decides to sell the property mortgaged. unenforceable because Mr. X had no authority but he sold the car in the name of Mr. Y. is obligated to offer the property first to Mr. No. Y P250. 2 is true. 2 – A creditor may be compelled to receive a certified check in payment of a loan. c. without the authority of Mr. MO with anyone. Mr. d. b. 1 is false. sold the same car in the name of Mr. Z is a. Which is not true? a. 1 – The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to that EFFECT. 1 is false. Mr. A violation of the “right of first refusal clause” will make the contract entered into by Mr. No. b. Mr. void because of the absence of consent from the owner. Z. 2 is true. Both are true.Mr. d. The contract between Mr. c.

Which of the following expresses a correct principle of law? a. A sale of land by an agent in a public instrument where his authority from the principal is oral. Which of the following contracts are void? a. and C. b. c. Y. b. Mr. ME rescissible 25. If A decides to sell his share to B. Simulation of a contract always results in a void contract. d. Which of the following reflects a correct legal principle? a. The offer was orally accepted. if the claim is legal or just. X orally offered to sell his two-hectare rice land to 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. A donation of a wrist watch worth P4. If Mr.Mr. c. A threat to enforce one’s claim through competent authority. does not constitute fraud. 26. Which of the contracts below are rescissible? a. C has a right of redemption. 28. If Mr. 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. c. b. Y for P10 million. If B sells his land to D who does not own any rural land. Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person. A violation of the ‘right of first refusal clause” will make the contract entered into by Mr. If the right to repurchase is not exercised within the period agreed upon. By agreement. X because the contract is oral. 29. d. the latter may not successfully sue Mr. B. Those entered into by guardians in the above when the lesion suffered is one fourth of the value of the property. C has a right of redemption. Those where the contract is absolutely simulated. b. X refuses to deliver the land.d. a judicial order is necessary to consolidate ownership on the buyer. a. The contract between the parties is subject to ratification by the parties.500. Each land has an area of half a hectare. A relatively simulated contract. are co-owners of a three-hectare orchard. An oral sale of a parcel of land. Failure to disclose facts when there is a duty to reveal them. c. Y 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. d. A and B are adjoining owners of a rural land. c. X refuses to deliver the land on the agreed date despite payment by Mr. A. 27 . does not vitiate consent. d. Those undertaken in fraud of creditors even if the latter has other means to collect the debt. 5 . b.

D will be liable only if he knew of the liability of P80. out of their separate property. Cruz 6 .00 each. A contractual liability of P40.000 contribution shall remain with the partnership b. Ayco offered to sell his land to Mr. 000. Mr. Ownership of the land will be consolidated only upon the registration of the sale with the registry of deeds. c. b. It was agreed that Mr. d. The contract gives rise to an action for annulment. D is not liable to E for this obligation and his P8. No reimbursement may be recovered by C. 000.00 will be exhausted leaving a balance of P12. A contract of sale is not a mode of acquiring ownership. D is liable to E for this obligation so that after the assets of the partnership will be exhausted. 32. 000. the partnership has an outstanding obligation to E in the amount of P80. Despite the lapse of the period of redemption. S. 000. d. B and C are partners engaged in a retail business. b. leaving a balance of P12. If the capital assets have been exhausted to pay X. B and C and C can recover for reimbursement from A and B d. D is liable to E for this obligation so that after the assets of the partnership amounting to P68.00 was incurred by the partnership in favor of X. S. A. 33.000 at the time he joined the partnership. Ownership of the land was consolidated on Mr.00. A and B only b. 000. Ayco delivered the owner’s duplicate of the Transfer Certificate of title of the land. a. Ownership will be consolidated only with the consent of Mr. including D. c. Cruz for P300. all the partners shall be liable jointly or pro rata. d. out of their separate property. The contract gives rise to an action for rescission.00. Mr.000. B and C c.00. The contract is a sale. Mr. A and B are capitalist partners. Mr. A. by virtue of the failure to redeem by Mr. leaving a contractual liability of P10. A and B contributed P15. In this case: a. 30. S sold a banana plantation to Mr. 31. 000. Ayco the purchase price.d. Ownership of the land will be consolidated only upon a judicial order. Mr. 000. B and C shall be liable jointly or pro rata. S shall remain in possession as lessee of the land and shall be responsible for the real estate taxes. Their contribution is P20. with C as an industrial partner. only A.00. Mr. 000. a.00 each to the capital of the partnership.00. Cruz accepted the offer and paid Mr. 34. D is admitted as a new partner with a contribution of P8. no such redemption was made. X can recover the amount from: a. c. B with a right to repurchase within ten years from the date of sale. B for P3 million although its market value is P20 million. At the time of his admission.000. S sold his land to Mr. The contract is presumed to be an equitable mortgage. A.

The BIR.000 b.Reyes pursuant to the Tax Code. c. In the case at bar.wants to register the land in his name but the Register of Deeds asks Mr. because there was actual meeting of minds of the parties. Yes. He may compel Mr. d. The BIR should first have the sale annulled before it may levy upon the land pursuant. an definite offer made through an agent business advertisement of things for sale advertisements for bidders a declaration of an intent to sell. c. Institute an action for a declaration of nullity of the sale to Carlos. Ayco to return the payment because the contract is unenforceable. Mr. Can Bernardo compel Andrea to accept the P500.000. c. 38. 000.00 in favor of his brother.000 first offered and execute the deed of sale? a. d. No. 36. The BIR should first have the sale rescinded for lesion to the government. 000.Andrea wrote Bernardo a letter offering to sell a piece of land. What can Mr. Andrea gave Bernardo two months within which to pay the price of P500. without having the sale annulled may levy upon the land of (Mr. Antonio sold a piece of land to Renato binding himself not to sell the same to another person. Ayco to execute the Deed of Sale because the contract is valid. Yes. He may occupy and use the land as a buyer in good faith. Cruz do? a.00 but the BIR has evidence that said price had never been paid. Institute an action for the annulment of the sale to Carlos. Cruz for the Deed of Sale. d. he executed a deed of sale of his only parcel of land valued for P100. Antonio sold the land to Carlos who immediately took possession in good faith. b. On the following day. because Andrea is already estopped by her signed letter. because Bernardo did not signify his acceptance of the offer of P500. 000. He may sue Mr. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. b. Pablo. a. Institute an action for damages against Antonio. The BIR may not levy upon the land because the sale is valid. c. Yes. c. d. Reyes has a tax liability of P100. Institute an action for the recovery of the land. 000. d. After 50 days Andrea informed Bernardo that she is increasing the price of the land to P700. b. 7 . 37. b. The deed of sale stated a purchase price of P20. Which of the following constitutes an offer? a. In order to evade the payment of the tax liability. because the period of 2 months has not yet expired. Ayco to return the purchase price under the legal principle that no one may enrich himself at the expense of another 35. the proper remedy of Renato is to: a. He cannot compel Mr.

Y has no right to foreclose the mortgage because the house and lot are not chattels. G as guarantor. a. Domingo for P5. shall appear in a public instrument. C to exhaust all the properties of the Mr. Mr. does not affect the liability of the partnership to third persons and the partnership still has a legal personality. D is insolvent. Upon acceptance by the buyer of the offer of the seller. X is estopped from claiming the invalidity of the chattel mortgage over the real property. a. d. X is not a partner of A. Mr. affects the liability of the partnership to third persons and the partnership has no legal personality. renders the contract of partnership unenforceable. Mr. which must be recorded in the Office of the Securities and Exchange Commission. Y may foreclose the mortgage because Mr. d. 000 from Mr. Mr. On the due date Ben failed to pay his loan and redeem the watch. 000 even if there is a stipulation. b. 40. a. Mr. Ben pledged his watch to V. X did not pay despite demand.000. The pawnshop can recover the P1. Mr. The pawnshop sold the watch at public auction to the highest bidder at P4. G may ask Mr. C may collect from Mr. but foreclosure should be made under the procedure of a real estate mortgage. D borrowed P500. Y has no right to foreclose the mortgage unless Mr. ownership of the goods passes to the buyer. c. d. D did not pay despite demand. b. 43. X made T believe that he is a partner of 8 . Upon delivery of the goods. G may refuse to pay even if Mr. Mr. Failure to comply with this requirement. 000 even without a stipulation. Upon perfection of the contract. 42. c. Y. b. c. Upon expiration of seven (7) days. X executed a chattel mortgage over his house and lot to Mr. D first before collecting from Mr. a. When goods are delivered to the buyer “on sale or return”. Y. D has absconded. X consents to the foreclosure. 000 from Ben. c. 000 unless there is a stipulation. d. G.000. When the obligation became due. c. The pawnshop can recover the deficiency of P1. Mr. in money or property. C with Mr. and C. B. 41. Mr. Mr. Mr. The pawnshop cannot recover the P1. Without the consent or knowledge of C but with the implied consent of A and B. a. b. G may refuse to pay even if Mr. for a period of seven (7) days. Y has no right to foreclose the mortgage because he can sue for collection. renders the contract of partnership void. Mr. The pawnshop cannot recover the P1. Every contract of partnership having a capital of three thousand pesos or more. d. b. 44.39. G because he guaranteed payment of the debt. When the debt fell due.

Jose may recover P50. 000 in favor of T who extended credit on the basis of the misrepresentation? a. If Jose refuses to recover from the winner. the spouse of Jose may institute the action to recover. The obligation may be deemed fully performed. The thing or service in which the obligation consists must be completely delivered or rendered. There is a perfected contract. Mr. a friend one Sunday morning where a card game was going on. d. Mr. b. Which of the following is most likely incorrect? a. d. b. c. B and C pro rata.000 from the winner with legal interest from the time he paid the amount lost. He became indebted to the winner for P10. B and C solidarily. Payment must be in legal tender.000 from the winner but without legal interest.A. For payment to extinguish the obligation: a. A. c. production of the wine had been stopped. There is no contract because there was no acceptance. 000 more. All of the above. Without the knowledge of Mr. There is a perfected contract only when they have orally confirmed their having received the letters written to each other. a. D could only deliver ninety (90) bottles. X. Mr. 46. Jose joined the game and lost P50. X. D promised to deliver to Mr. Which among the following statements is not correct? a. c. The letter was mailed on the same date it was written. c. Jose may recover P50. 47. b. c. There is no contract because the offers were not certain. A and B pro rata. Who shall be liable for the payment of a debt of P500. B. d. O’s obligation is deemed fulfilled. 48. and C. d. A and B solidarily. Mr. 9 . X.000. 45. The winner cannot maintain an action to collect the P10. On the same date and time Seller and Buyer received the letters written to each other. A. Despite earnest efforts. In the immediately preceding letter (a). D. b. He delivered only 90 sacks but the obligee did not object to the incomplete delivery. D could recover as though there had been a delivery of 100 bottles. Jose went to visit Pablo. Payment must not have been justifiably refused by the creditor. Seller wrote Buyer offering to sell his only house for a specified price. C 100 bottles of Japanese red wine of a specified brand. Mr. D promised to deliver 100 sacks of a certain type of rice. d.000. X. 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. 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. b.

The receipt of the check by Mr. 000. There is no payment because the debt may only be discharged by the delivery of legal tender. Same as letter “b” except that Third Person may not foreclose the mortgage on Debtor’s car. 000 from Debtor even if the debt had been condoned to the extent of ½. 51. 000 from Debtor even if the debt had been condoned to the extent of ½. X offers a check in payment of the obligation. b.000. Third Person pays Debtor’s debt without intending to be reimbursed by Debtor. The payment will extinguish the obligation if Debtor does not consent to the payment. d. 000. 50. Debtor decided to deliver a watch of a different brand more valuable than the one that is due. D owes Mr. D pays B. Creditor agrees. Which among the situations below states a correct principle of law? a. Y P10. There is likewise no stipulation as to Third Person’s right to pay. Y cannot be compelled to accept the check. Debtor owes Creditor P500. Since no Rado watch was available on the due date. If Third Person pays with the Debtor’s knowledge and consent. b. Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. Third person pays Debtor’s debt without intending to be reimbursed by (c) Debtor. a. There is payment pursuant to a facultative obligation because of a substitution. a. Creditor must accept the watch. Mr. d. d. The payment will not extinguish the obligation even if accepted by Creditor if Debtor does not consent to the payment. There is payment by cession. c. The receipt is not equivalent to automatic payment if the check is not a certified check. b. On the due date of the obligation. Y has no reason to refuse the check if it’s fully funded as certified to by the bank. Third Person may recover P500.49. There is dation in payment or dacion en pago. 52. b. Debtor could not pay. Mr. Debtor owes Creditor P20. The debt is secured by a chattel mortgage on Debtor’s car. If Third Person pays without the knowledge or against the will of Debtor. Mr. d. Debtor instead offered his TV set worth P20. D owes C P20. Mr. unless Creditor consents. a. c. Third Person may recover P500. On the due date. Third Person may foreclose the mortgage on Debtor’s car. The payment is not valid even if it redounded to the benefit of C. If Debtor fails to pay. 000. 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. Debtor is obliged to give Creditor a Rado watch. brother of C. On the due date of the obligation. c.000 in payment of the obligation. Y extinguishes the obligation if the check is a certified one because it is as good as cash. c. 10 .

53. d. dation in payment.The extinguishment of an obligation by the passage of time is a. When there is a change in the object or principal conditions. b. Creditor is domiciled in Manila. b. Makati City if so stipulated. legal tender. domicile of Mr. b. an obligation is extinguished by a. 000 and cannot pay all his obligations. 59. tender of payment and consignation. application of payment. d. c. b. Payment is to be made in a. d. all during the current year. 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. 000 due February 5. cession in payment. c. legal treasury notes. the debtor may avail of a. there is extinguishment of the obligation by. c. Debtor. Debtor. Debtor. 54. c. To the debt chosen by Mr. d. Mr. 57. d. 000 due April 5. Mr. If Mr. c. domicile of Mr. c. To the debt due on February 5 being the oldest debt. fulfillment of a resolutory condition. Creditor. a. Mr. Debtor is domiciled in Quezon City while Mr. To the debt chosen by Mr. domestic money in any denomination. expiration. confusion compensation novation condonation or remission 55. 000. Creditor as follows: P10. 11 . Debtor has only P10. 58. Debtor decides to pay P10. P10. c. The place designated by Mr. prescription. d. Debtor owes Mr. public or private. certified checks. b. b. a. the amount shall apply: a. b. Manila. When the characters of the creditor and debtor are merged in one and the same person. It is that currency which the debtor can compel the creditor to accept in payment of all debts. 000 due March 5 and P10. annulment. d. To the debt due on April 5 if it is an interesting obligation. confusion compensation novation condonation or remission 56. Creditor. Quezon City.

are situations which allows a consignation without a prior tender of payment. Debtor executed a promissory note in favor of Mr. d. 63. Debtor has no legal basis for making a consignation. Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Mr. When two or more persons claim the same right to collect. Enumerated below however. His financial situation indicates that his liabilities for exceed his assets. a. and requires the acceptance by the obligor. 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. a. the debt of Mr. Creditor P100. 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. c. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness. 000. 64. Creditor in the amount of P100. Debtor owes Mr. d. The creditors shall sell the properties assigned and when sold. 000. Mr. Mr. The debt is secured by a pledge on a ring owned by Mr. Debtor shall only be released to the extent of the net proceeds of the sale. Debtor owes fifteen (15) persons substantial amounts of money. Condonation or remission is essentially gratuitous. d. Whenever the thing is lost in the possession of the debtor. On the due date. Debtor. Creditor refuses to accept the check. Debtor cedes or assigns his properties to his creditors. The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned. Which among the following fails to state a correct legal principle? a. Which is the exception? a. Creditor. The creditor may be considered in mora accipiendi. It may be made expressly or impliedly. Mr. Which among the following is most likely correct? 12 . b. The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor. c. the debt of Mr. unless there is proof to the contrary. When the title to the obligation has been lost. c. As a general rule. b. The creditors shall sell the properties assigned and when sold.60. b. Mr. 62. Mr. Mr. When the creditor is absent or unknown. c. d. b. If Mr. The creditors acquire ownership of the properties assigned or ceded. 61. the creditor refuses to give a receipt. When for any cause. Debtor delivers a cashier’s check for the full amount. it shall be presumed that the loss was due to his fault. consignation must be preceded by a valid tender of payment. or does not appear at the place of payment.

Both debts are due. The active subject is Mr. there is an implied condonation if the note is a private instrument. or substituting another in place of the debtor. Santos is the active subject. the active subject is Mr. The active subject is Mr. Debtor. Debtor without collecting the debt. Active and passive subjects. Oliveros. the latter is liable to the former on the basis of a. If Mr. Both parties are insolvent. Form of the obligation Prestation Juridical tie 68. Santos a car on a specified date provided the latter pays the former P1 million. Mr. Oliveros. Oliveros. Oliveros. Mr. d. the prestation is the delivery of the car and the juridical tie is law. d. c. b. Mr. Santos. the following must be complied with. The prestation is the car. the passive subject is Mr. Creditor returns the thing pledged to Mr. the pledge and the loan are deemed extinguished. which extinguishes or modifies the first either changing its object or principal condition. the prestation is the delivery of the car and the juridical tie is the contract. Which among the following is not an essential element of an obligation? a. culpa criminal 13 . If on the due date. a. d. b. the juridical tie is the law and the prestation is the giving of the car. Santos. Both debts consist in a sum of money or of the same kind. d. The passive subject is Mr.a. c. the pledge is not condoned. Santos. accion subrogatoria novation accion pauliano none of the above 67. Mr. the passive subject is Mr. Creditor delivers the note to Mr. Mr. by virtue of a written agreement agreed to deliver to Mr. Both debts be liquidated and demandable. 66. c. It is the substitution or change of an obligation by another. For compensation to be proper. 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. b. 69. Oliveros is the passive subject and the juridical tie is the contract. c. Debtor without collecting the debt. a. Creditor delivers the note to Mr. b. If the debt is condoned by Mr. or subrogating a third in the right of the creditor. Which is the exception? a. there is an implied condonation if the note is a public document. If on the due date. d. 65. c. Creditor. b.

73. d. Which is the exception? a. 14 . c. there being no contractual relationship between them. Quasi-delicts Quasi-contracts Culpa contractual None of the above 72. Both statements are false.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. c. No.b. c. Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. c. a. Pedro receives a package via Federal Express. b. Only No. There must be an abandoned or neglected property or business. 1 is true. Both statements are true. the basis of the defendant’s liability is a quasicontract. d. sue for rescission. The owner must consent to the management of his business or property by someone. b. Believing it to be a genuine diamond ring. The quasi-contract of negotiorum gestio requires the following. for annulment because of dolo causante. b. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property. Marita discovers the misrepresentation. culpa extra contractual c. 71. unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another. c. Someone voluntary takes charge of that abandoned business or property. law contracts moral obligations solutio indebiti 74. 1 . Marita may: a. 2 is true. culpa aquiliana 70. d.When the defendant causes damage to the plaintiff through the formers fault or negligence. They are lawful. b. for annulment because of dolo incidente. d. culpa contractual d. Marita bought and paid for the ring. b. No. If later on. Only No. The obligation of Pedro to give the package to Pablo arises from a. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo. d. his neighbor. 2 . a. sue for damages alone because of dolo causante.

payable on November 26. c. b. 2004. c. 2005. b. 2005. Mr. b. It may be serious and the parties must be in pari delicio. None of the above.75. the only remedy of the obligee is to demand for the payment of damages. to deliver the car immediately because his obligation is pure. a. b. d. c. 77. to have the contract rescinded because no date is fixed for performance. The date the obligation was incurred.If a person obliged to do something fails to do it. Payment was made on November 1. Jose has no right. Pedro is liable for damages. 2004. Pedro is in default. b. c. 2 . 2005 but demand was made on June 1. On the due date of the obligation. No. There was no agreed date for delivery and payment. Robles as seller is: a. Pedro is liable for interest. The obligation of Mr. 2005. 2005. Jose has both a personal and a real right.If a person obliged to do something fails to do it. Pedro is not in default. d. June 1. Only No. d. d. A debt has a maturity date of November 1. to deliver the car immediately because there is already a perfected contract. Pedro promised to give Jose an orchard planted with mango trees on November 30. what right does Jose have over the orchard? a. d. It should be serious and should have not have been employed by both contracting parties. Only No. On December 30. 2005. It may be incidental but both parties should not be in pari delicto. Jose has a real right. Both are true. Pedro borrowed money from Jose. In order that fraud may make a contract void able: a. Jose has a personal right. a. 79. 1 is true. If the debtor is made liable for interest. the interest shall commence to run on a. No. he may be compelled by court action to fulfill his obligation. 2005. November 1. It may be incidental but should have been employed by both parties.000. Robles sold his only car to Mr. Before November 30. 78. to deliver when Mr. 80. c. Pedro failed to pay. Pedro paid the debt. Both are false. 1 . d. c. 2 is true. Roxas for P600. 76. b. Roxas is ready to pay. 15 .

b.81. Mr. c. c. 000. While Mr. P. Annulment Reformation of the contract Rescission Answer not given 86. Which of the following statements is incorrect? 16 . and lost consciousness. Mr. The remedy of B upon discovery of the fraud is. D can be construed as a voluntary act and hence. Which of the following statements is correct? a. 2006 All of the above 84. D. On January 2.00 payable on June 30.00 to Eusebio. S and B entered into a sale of a four-hectare land for P1 million. 83. a heart specialist saw what happened and through his expertise saved the life of Mr. P has no obligation to pay because he did not ask for Mr. Proper diligence of a good father of a family means extra-ordinary diligence. Delay or default means the failure to perform the obligation on the date agreed upon by the parties. c. b. 2006 Payable on or before December 31. 2006 Payable before December 31. Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete. a donation. a. Incidental fraud is one committed in the performance of an obligation. D’s services. 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.00 in a bingo game and he offered to pay PhP10. d. 85. c. c. Gody obtained a loan from Eusebio in the amount of PhP10. Gody won PhP100.000. Eusebio refused to accept the payment offered by Gody. d. he slumped and suffered from symptoms of a heart attack. 2005 plus 10% interest. Mr. b. Mr. b. d. d. None of the above. 2005. Which of the period in the following cases is intended for the benefit of the debtor? a. Eusebio can be compelled to accept the payment being offered if the interest will be reduced. P has no obligation to pay because the services of Mr.000. b. If sued for Mr. P must pay on the basis of an implied contractual relationship. Mr. D’s services. Payable on December 31. a. P was walking along a busy street. P must pay under a quasi-contract. 82. Which of the following statements is correct? a. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arrived. Negligence signifies the idea of delay in the fulfillment of an obligation. d.

2 is wrong. 1 is correct. Alonzo offered to sell to Bernardo a parcel of land at a specified price. because Buyer did not accept the original offer. because he could plead impossibility of performance due to a fortuitous event even if he is in default. No. c. No. May the Seller be compelled to honor the P500. the security is lost through no one’s fault. d. Seller wrote a letter to Buyer offering to sell a piece of land for P500. No. b. Alonzo gave Bernardo (60) days within which to accept the offer. a. Yes. d. Before the lapse of two months. The debt is secured by a mortgaged on the house of Santos. Jose Dizon was supposed to deliver to Ruben Samia a specified red car. On June 5. 90. d. No. No. Buyer insisted on an acceptance for P500. because there is a perfected contract. The full payment of the price is sufficient to make the buyer the owner of the thing sold. Bernardo agreed to the period.a.000. Maria can declare the debt due and demandable even before the original maturity date. Seller gave Buyer two months to decide and pay the purchase price. because there was a meeting of the minds. Before the lapse of sixty days no withdrawal can be made but the price may be increased. In a sale. on said date. No.000. because there was no demand and the car was lost through a fortuitous event. c. He wants to compel Seller to execute a deed of sale for the original offer of P500. No. a. Delivery of the thing sold is necessary to transfer ownership. Both are correct. b. 17 . the full payment of the price is a suspensive condition for the seller to deliver. Santos owes Maria P5 million.000. Both are wrong.If before the due date. 1 . Yes. 87.If the house was burned up to 25% its value through the fault of Santos. 1 is wrong. c. 88. b. 2000. No. Is Jose Dizon liable? a.000 offer? a.000. There was no delivery however. On June 15. Alonzo may withdraw the offer or increase the price. 89. 2 . because Jose Dizon is in legal delay. 2000. c. d. No. Before the lapse of sixty days. because two months have not yet elapsed. 2 is correct. because Seller is estoppel by his original letter. b. b. the garage of the car collapsed because of an earthquake and the car was totally destroyed. Yes. 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. Yes. Delivery in a real contract is required not for transfer of ownership but for the perfection of the contract. Yes. Seller wrote Buyer that the price is now P700.

a. X and Z for P1. the obligation is extinguished and Jose is not liable. Failure to comply with this requirement. the industrial partner shall. After five years of operations. No. X. Y as limited partner. in money or property. b. No withdrawal can be made because there is already a perfected option contract. Share in the losses in any event. Renders the contract of partnership void. c. A and B are partners in A & B Partnership. 2 is true. b. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality. 91. 92. The total partnership assets is P3 million. the van was lost because of Jose’s fault. a pick-up truck. X. d. d. No. Y and Z for P1 million each 18 . b. are true. Both Nos. are false. d. and Z are partners in XYZ Partnership. The partnership is: a. 93. a car. The properties contributed are all what A and B own. he has no choice but to deliver the van. Every contract of partnership having a capital of three thousand pesos or more. Jose is under obligation to deliver to Pedro. 1 is false. shall appear in a public instrument. No. B owns six trucks which he contributed to the partnership. A owns two parcels of land which he contributed to the partnership. at the option of Jose. Y. all of which are specific. d. No withdrawal can be made before sixty days because the period is binding. which must be recorded in the Office of the Securities and Exchange commission. b. Affects the liability of the partnership to third persons and the partnership has no legal personality. 94. or a van. No.If the car and the pick-up truck were lost through Jose’s fault. No. c. Who among the partners shall be liable with their separate property in favor of creditors? a. No. c. 2 is true. 1 is false. 2 . Shall not share in the losses except if he contributes capital also. In case of losses. Shall share in the losses only if there is a stipulation. a. Jose has no choice but to deliver the van. 1 . he is liable. If the van was lost through a fortuitous event before delivery. the partnership incurred debts in favor of third persons totaling P5 million. The profits of the land and the trucks were also included as contributions. Universal Universal partnership of all present property Universal partnership of all profits Particular partnership 95. if before delivery. Both Nos. d. a. c.5 million each because they are general partners b. Ltd. Shall not share in the losses even if he contributes capital.c. Renders the contract of partnership unenforceable.If the pick-up truck and the car were lost through a fortuitous event.

In a pledge. The disposition by the debtor of his assets to the prejudice of the creditor is void. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus. the thing pledged may be in the custody of a third person. Which of the following is correct? a. Mr. 100. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. c. P may initiate a criminal action against Allied Bus Lines. b. Mr. Mr. Fraud is always a ground for annulment of a contract. b. P. d. b. d. A relatively simulated contract is void. Mr. 97. Which of the following is correct? a. 96. c. e. The debtor always loses the right to make use of the period whenever he becomes insolvent. Y. c. a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. d. What is the legal concept of possession? a. c. The right to rescind a contract in a reciprocal obligation must always be stipulated. the seller retains ownership of the thing sold until the condition of full payment is fulfilled. Mr. The holding of a thing or the enjoyment of a right b. P may initiate a criminal action only against the driver of the bus. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus. In a contract of sale. An unenforceable contract is void. b. 99. X. A rescissible contract arises whenever the debtor defrauds the debtor. a passenger in Allied Bus Lines. Mr. a passenger in Allied Bus Lines. c. Which of the following statements is more likely in accordance with accepted legal principles? a. a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Mr. Mr. Which of the following statements is more likely in accordance with accepted legal principles? a. P may initiate a criminal action against Allied Bus Lines. A voidable contract produces legal effects. delivery does not always transfer ownership. P may initiate a criminal action only against the driver of the bus. d. 98. Mr. Which of the following is correct? a. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. In a contract to sell. b. d. Services may be the object of a contract of sale.c. and Z depending upon their capital contribution. It is material occupation or by the fact that the right or property is subjected to the will of the claimant 101. P. 19 . Mr.

a. 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. it may not be waived by reason of public policy and commercial convenience 106. has sufficient properties to cover the debt d. the benefit of excussion cannot be waived. The rescission done by Nik was void as it fell short on compliance with the law. The benefit of excussion serves to protect the guarantor from unscrupulous debtors c. Yes. Under a contract of guaranty. as such it suspends the running of the prescriptive period b. the same being void under RA6552 d. Paul contended that there was an automatic rescission done by Nik. No. as long as the calling of the same was valid and constitutional d. hence. Yes. the new obligation novates the first 104. the same was void.c. May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor? 20 . Give the best answer. Paul was only able to pay 14 monthly installments. The new obligation is laid down in unequivocal terms b. The gathering of the products and the act of planting on the land d. it has the effect of a force majeure. Which is not an element of Novation? a. Yes. All of the above 102. 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. Answer not given 105. it is expressly provided that the creditor must first exhaust all the properties of the debtor. Nik sold to Paul a real property payable in monthly installments within a 5 year period. None of the above 103. c. 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. Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract? a. 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. The new and the old obligations must be on every point incompatible with the other c. The rescission done by Nik was in faithful compliance with the Maceda Law. the benefit of excussion may be waived provided the person owning such benefit. No. as the grace period and the sending of notices was complied before rescission b. Each of the obligations must have its independent existence d. may the benefit of excussion be waived? a. If they are compatible.

21 . after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor. The supposed vendor has remained in the possession of the property even after the execution of the instrument c. withdrew from the negotiations. “B’ and “C” only e. True b. 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. 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. the mortgage constitutes a lien on the determinative properties of the employer-debtor. None of the above 112. A contract is binding between the parties notwithstanding the absence of a law that governs it. good customs. The alleged seller has continued to pay the estate taxes on the property d. True b. An obligation to pay can arise from certain lawful. Which of the following is not a form of an equitable mortgage? a. voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person. a. No. or public order. None of the above 109. because it is specially preferred credit to which worker’s monetary claims is deemed subordinate d. a.a. None of the above 110. False c. False c. True b. the labor liability claims are deemed transferred to the latter. This enumeration is exclusive. even if the contract is not finally perfected as long as there was a definite offer made by the other party who. No. without any valid reason. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them 108. The consideration has been proven to be unusually inadequate b. False c. True b. a. None of the above 111. Yes. a. False c. as long as it is not contrary to morals. none of the above 107. Article 1157 at the Civil Code enumerates the different sources of obligation. b. c. A part can recover damages incurred during the period of negotiation. public policy.

False c. True 22 . a. a. False c. True b. True b. In an obligation to do or to render service. None of the above 117. a. None of the above 114. True b. False c. The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability. False c. None of the above 119. When “A” promises to deliver to “B” any car. None of the above 118. None of the above 115. The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay. a. a. he has the obligation to preserve his car with due car. True b. False c. None of the above 116. True b. a. False c. When “A” promises to deliver to “B” one of his present antique ears. True b. False c.a. The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone. None of the above 120. None of the above 113. a. True b. The rule that once a criminal action is filed the civil action is suspended is absolute. There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due. True b. False c. he is confined to deliver only any of the antique cars that presently belong to him. a. the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.

a. None of the above 124. None of the above 122. True b. False c. The diligence of a good father of the family is the fixed degree or standard of care required in circumstances. None of the above 126. a. a. True b. a. True b. False c. 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. True b. True b. The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.b. The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse. False c. True b. None of the above 127. None of the above 128. a. a. The court can fix the period when the obligation is subject to the sole will of the debtor. False c. False 23 . a. None of the above 123. An obligation where the period of payment is subject to the will of the debtor or obligor is void. False c. a. An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation. False c. None of the above 121. False c. A person who in the performance of his obligation is guilty of fraud. None of the above 125. True b. True b. False c. negligence or delay is liable for damages.

he later may ask for performance. he can no longer seek for rescission of the contract. A debtor shall lose every right to make use of the period when he attempts to abscond. A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties. None of the above 24 . False c. Consequently. None of the above 132. a. of he seeks performance. If an injured party in a contract has demanded rescission. 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. None of the above 131. False c. a. 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”. a. a. An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition. True b. None of the above 129. True b. only one thing is due but the debtor has reserved the right to substitute it with another. True b. None of the above 135. a. False c. False c. True b. False c. a. True b. False c. None of the above 130. False c. None of the above 134. or “as soon as possible”. or “as soon as I have money” a. True b. the loss of the substitute extinguishes the obligation. True b. In facultative obligations.c. However. None of the above 133.

A 78. C 61. E 13. A 59. B 118. C 99. B 60. C 7. C 52. D 28. D 57. B 103. D 9. A 111. D 25. A 110. B 76. C 23. B 113. B 68. B 69. B 126. C 6. B 109. B 25 . D 4. D 30. A 14. A 117. A 56. D 15. B 50. C 70. C 20. B 58. D 72. D 71. B 120. C 97. B 121. D 102. A 18. B 5. B 105. A 63. B 119. B 124. D 100. D 104. B 3. D 53. C 62. C 49. C 64. A 115. A 22. A 123. B 67. D 108. B 2. A 65. B 75. C 101. A 29. A 55. C 73. D 27. D 51. D 21. C 19. B 26. B 54. C 10. C 98. D 107. D 17. C 8. C 24. B 11. B 125. A 122. B 77. A 16. B 116. A 114. B 12. A 106. A 112. D 66. D 74.ANSWER KEY IN CIVIL LAW REVIEW ll 1.

D 44. B 84. A 45. D 127. B 129. A 133. A 80. C 47. A 132. D 48. D 32. A 90. C 35. A 39. A 87. B 135. A 89. D 93. B 26 . C 96. C 88. D 86. A 36. B 85. A 33. C 37. D 46. B 79. D 81.31. A 134. C 43. D 42. B 38. A 128. A 130. C 83. C 82. A 41. B 95. A 91. B 131. B 34. B 40. D 94. A 92.

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.