Professional Documents
Culture Documents
D borrowed P100,000.00 from C. The parties agreed at the time the obligation was
constituted that should D so desire, he may give his agricultural land to C by way of
dacion en pago to pay his loan obligation on due date. The obligation of D to C is
A. A conjunctive obligation
B. A simple obligation
C. An alternative obligation
D. A facultative obligation
Tham is to give Billy P50,000, 000.00 if Billy will not marry Aurora on or before May 31,
2020. The obligation becomes effective on June 1, 2020 if Billy has not yet married
Aurora as of May 31, 2020. If Aurora dies on May 1, 2020 before Billy has married her,
when will the obligation become effective?
Mary took a public bus on her way home. Although Mary paid for her fare, the bus
conductor did not issue her a ticket. Along the way, the bus met an accident causing a
slight injury to Mary and other passengers. If Mary is to recover damages from the bus
owner, the source of the owner's liability is?
A. Law
B. Quasi-delicts
C. Contract
D. Mary cannot recover any amount because no ticket was issued.
AQUINO, ERIKA JOY L.
Faye is obliged to give Angela a specific ring. The parties agreed that Faye may give a
specific beacelet as a substitute. Which of the following statements is true?
A) if the ring is lost through a fortuitous event before substitution, the
obligation is extinguished.
OBLIGATION
B) If the bracelet is lost through a fortuitous event before substition, the obligation is
extinguished.
C) if the ring is lost through a fortuitous event after substitution, the obligation is
extinguished.
D) If the ring is loat through the debtors fault after substituiom, the debtor shall pay
damages
A) Finch is liable to Harry whatever may be the cause of death of the carabao.
B) Finch is liable to Harry only if the carabao died because of Finch' fault.
C) Finch is not liable to Harry if the cause of the death of the carabao is fortuitous
event.
D) Finch has no liability to Harry whatever may be the cause of the death of the
carabao because his obligation to return the carabao was due to an order of the
court and not on his own violation.
A. Braingene to allow Brainie to use Brainerd's car until December 31, 2020.
B. Braingene to allow Brainie to use Brainerd’s car until Brainie finishes her course
in accounting.
C. Braingene to give Brainie hes car. No mention is made when Braingene
shall give the car.
OBLIGATION
D. Braingene to give Brainie a car if Bri on Christmas day.
A. Seth and Ash need not pay each other since their debts compensated each
other.
B. Seth must pay Ash P12,800 while Ash must pay Seth P13,000.
C. Seth and Ash need not pay each other since their debts compensated each
other, except for the delivery charges which Ash must pay to Seth in the
amount of P200.00
D. Compensation cannot take place because the debts are payable at different
places.
I. The nullity of the principal obligation carries with it the nullity of the penal clause.
II. The nullity of the principal obligation does not carry with it the nullity of the penal
clause.
III. The nullity of the penal clause carries with it the nullity of the principal obligation.
IV. The nullity of the penal clause does not carry with it the nullity of tje principal
obligation.
HUERTAZUELA, ARA B.
Jizelle is to give Brain P100,000 if Jizelle goes to Luneta Park. Is the obligation
valid?
A. Yes
B. No
C. Both A and B
D. None of the choices
A. Elly alone will bear the share of Will who is insolvent since he made the payment.
B. Elly can collect from Mike ₱15,000
C. Elly can collect from Mike ₱10,000
D. Elly can demand a refund of ₱10,000 from Dustin pertaining to Will's share since
Will is insolvent.
MERCADO, ANGELO T.
Timothee owes Armie Hammer P6,000.00 which is due on May 10, and another debt of
P12,000.00 which is due on May 20. Both debts are unsecured and non-interest bearing
and are already due. Timothee, however, has only P3,000.00 which he gives to Armie
Hammer without informing the latter as to which debt the payment shall apply. Armie
Hammer also did not indicate on the receipt he issued to Timothee to which of the two
debts shall apply. In this case:
A. The payment of P3,000.00 shall be applied to the debt due on May 10 because it
was the first to become due.
B. The payment of P3,000.00 shall be applied to the debt due on May 20 because it
is of greater amount.
C. Payment cannot be applied to two debts because it is incomplete.
D. The payment of P3,000.00 shall be applied proportionately in the amount of
P1,000.00 to the debt due on May 10, and P2,000.00 to the debt due on May
20.
PENTINIO, ANGEL M.
These statements are presented to you:
I. There is no delay in obligations not to do.
II. Delay is applicable only to the debtor, never to the creditor.
In your evaluation of the foregoing statements:
OBLIGATION
A. Both statements are true.
B. Both statements are false.
C. Only Statement I is true.
D. Only Statement II is true.
RAMOS, YSABLE H.
On June 12, 2018, Mark and Ryan agreed that Mark would deliver a specific agricultural
land to Ryan on October 1, 2018. From June 12 to September 30, 2018 Mark harvested
corns from the land worth P18,000.00. On October 1, 2018 Mark actually delivered the
land to Ryan. During that time, there were unharvested crops valued P10,000.00 that
grew beginning October 1, 2018. Ryan had a personal right against Mark for the
delivery of the land and its fruits beginning on:
a. June 12, 2018
b. October 1, 2018
c. September 30, 2018
d. June 13, 2018
B. Joyce may claim one of the remaining objects and has a right to damages or can
claim the equivalent price of the lost ring from Anne and has a right to damages
C. Anne does not need to pay the damages to Joyce for losing the ring even
though it got lost due to her own fault
SAGARINO, SANDRA F.
Tyler obliges himself to give Kinsey a house and lot if Kinsey will marry Scot before
Kinsey reaches the age of 30.
I. Tyler is liable if Kinsey marries Scot before she reaches the age of 30.
II. Tyler is liable if Kinsey marries Scot at the age of 30.
OBLIGATION
III. Tyler is still liable if Kinsey dies at the age of 29 because the time specified has not
yet expired.
VILLADIEGO, JIZELLE J.
Lior is obliged to deliver 50 sacks of "Dinorado" rice to Dominic. The parties agreed that
should Lior fail to perform his obligation as stipulated, Lior will pay a penalty of PHP
11,000. On due date, Lior made a delivery of 50 sacks of rice but each sack contained a
mixture of "Dinorado" rice and another variety of lower quality. Dominic discovered the
fraud.
MTQ - 02 Oblicon
ANDAL, VERNADETTE
Dread borrowed P500,000 from Cedrik. Dread died without having paid his loan
obligation to Cedrik. He left Sherwin, his son and heir properties worth P400,000.
A. Sherwin is liable to Cedrik for P500,000.
B.Sherwin is liable to Cedrik for P400,000.
C.Sherwin is liable to Cedrik for P100,000.
D. Sherwin is not liable at all because he should not made to shoulder the obligation of
his father.
MTQ 03 –OBLICON
AREVALO, MICHAEL
Tweng borrowed from Zaito P10,000,000 with Anigma as guarantor. The guaranty was
made orally. If Tweng cannot pay, what will happen to the guaranty?
A. The guaranty is invalid but Zaito can threaten Anigma to pay.
B. The guaranty can be enforced and can only collect half the amount.
C. The guaranty cannot be enforced.
D. The guaranty is can be enforced for the full amount of the debt
MTQ 04 –OBLICON
CABANA, CINDY
OBLIGATION
Danny is obliged to deliver a specific Toyota car to Jerome. The parties agreed that
should Danny so desire, he may deliver his only Lancer car to Jerome as a substitute.
Before Danny could make any substitution, the Lancer car was damaged beyond repair
through the fault of Danny.
a. Danny's obligation to deliver the Toyota car is extinguished.
b. Danny is obliged to pay damages to Jerome for the loss of the Lancer car.
c. Danny is still obliged to deliver the Toyota car to Jerome on due date.
d. Danny is obliged to get another Lancer car as a substitute.
MTQ- 05 OBLIGATION
CAPINDING, DOMINIQUE
Jesus Ambassadors Ministry (Jam) needs a new modernized design of chairs. They
made an order of 50 units of "Abounding" chairs from Victors Furniture and Fixtures
Company (Victors) at the prize of P1,000.00 per unit. However, Victors delivered to Jam
50 units of "Colonel" chairs, a superior brand, which was priced at P1,500.00 per unit.
Victors informed Jam that it will bill thr latter for the "Colonel" chairs at P1,000.00 only.
Jam refused to accept the "Colonel" chairs. Should Victor can or cannot compel to
Jam? Why?
A. Victors can compel Jam to accept the "Colonel" chairs since all that is required of
Victors is to deliver a chair that can serve the same use as the one that was ordered.
B. Victors can compel Jam to accept the "Colonel" chairs since they can benefit greater
feom a superior quality.
C. Victors cannot compel Jam to accept the "Colonel" chairs although they are of
superior quality.
D. Victors cannot compel Jam to accept the "Colonel" chairs since Jam is required to
pay only the price of "Abounding" chairs.
MTQ 7 – OBLICON
CATONER, COREEN
On February 20, 2019, Leu, Charles, and Let, solidary debtors, borrowed Php 150,000
from Fu Ng, due on March 20, 2019. The money borrowed is subject to interest of 2%
after due date. The obligation is evidenced by a promissory note signed by the three
solidary debtors. On March 18, 2019, Charles paid Fu Ng Php 150,000. What are the
rights of Charles?
a) Charles has no right to demand reimbursement from Leu and Let.
b) Leu and Let can be demanded of reimbursement by Charles at 50,000 pesos each
together with interest.
OBLIGATION
c) Charles can demand reimbursement from Leu and Let at 50,000 pesos each only
since he cannot collect interest during the intervening period and the debt was paid
before due date.
d) Charles has no right to pay for the share of Leu and Let in the said debt.
MTQ 08 – OBLICON
DE GUZMAN, CHARLENE
In an alternative obligation, what will happen if all the things/objects are lost through the
debtor’s fault before the choice is communicated if the right of choice is with the debtor?
A. The debtor shall pay the value of all the things that were lost.
B. The debtor shall pay for the damages only.
C. The debtor shall pay for the value of the last thing that was lost plus damages.
D. The debtor will pay nothing for he has the right of choice.
MTQ 09 – OBLICON
ECHEVARRIA, WINCEL
Mariah owes Fate P10,000.00. Jelliane offers to pay Mariah's obligation and tells Mariah
that she need not reimburse her. However, Mariah does not give her consent to
Jelliane's offer not to be reimbursed. Fate, nonetheless, accepts the payment from
Jelliane.
a. The payment is valid insofar as Fate is concerned since she accepted the payment.
b. The payment is not valid because Mariah did not give her consent to Jelliane's offer
not to be reimbursed for the payment.
c. The payment is not valid because it was not Mariah herself who made the payment.
d. The payment will be valid if Jelliane had the intention to reimbursed and Mariah
consented to the payment.
MTQ 10 – OBLICON
FERRER, JULLIE
Michael, Johnydel and Alfred are obliged to give Jaja, Wendy, Bea, Vanessa and
Jennelyn P30,000.
A. Jaja may collect P6,000 from Michael.
B. Jaja may collect P10,000 from Johnydel.
C. Jaja may collect P4,000 from Alfred.
D. Jaja may collect P2,000 from Michael.
OBLIGATION
MTQ 11 – OBLICON
FORMAREJO, CHRISTINE
MTQ 12 – OBLICON
GARAY, STEPHANIE
Zedrick receive a check for P10,000.00 drawn against GG Bank in payment of a debt
due him. Upon cashing the check, Zedrick requested the teller to give him 20 pieces of
P500.00 bill and to place the money in an envelope. As he was in a hurry, Zedrick left
the bank without bothering to count the cash. Shortly after reaching his office, Zedrick
counted the money in the envelope and discovered that it contained 20 pieces of
P1,000.00 bill or an excess of P10,000.00.
A. Zedrick does not have the obligation to return the excess of P10,000.00 because it
was not his fault that the teller would pay him an amount in excess of what was stated in
the check.
B. Zedrick does not have the obligation to return the excess of P10,000.00 because the
bank will not likely know who among the bank clients received such excess amount.
C. Zedrick must return the excess of P10,000.00 because he has the obligation to do so
under the principle of solutio indebiti.
D. Zedrick must return the excess of P10,000.00 because he has obligation to do so
under the principle of negotiorum gestio.
MTQ 13 – OBLICON
OBLIGATION
GARCIA, JOHNYDEL
On January 12, 2018, Naruto obliged himself to give Sasuke P90,000 if Sasuke will
marry Sakura on or before December 31, 2018. The condition of the obligation is a:
A. Positive Condition
B. Negative Condition
C. Joint Condition
D. Impossible Condition
MTQ 14-OBLICON
GARCIA, MARIELLE
MTQ 15 OBLIGATION
GIRON, JAN ALFRED
Philip Salvador, Cesar Montano and Robin Padilla executed the following promissiory
note:
" I promise to pay Mocha Uson or order the sum of 90,000 on January 14, 2021.
(Sgd.) Philip Salvador
(Sgd.) Cesar Montano
(Sgd.) Robin Padilla"
On January 14, 2021, Mocha Uson can collect from Philip Salvador:
a. 30,000
b. 90,000
c. 90,000 plus damage and interest
d. Nothing, because the note is void since it says I promise but was signed by three
persons.
OBLIGATION
MTQ 16 – OBLICON
GO, STEFALIE
Aila, Bryan, Candy, and Dillan, solidary debtors are obliged to give Veronica, Wally,
Xyrine, Yuna, and Zaijan, joint creditors, P20,000.00.
A. Veronica may collect from Candy P20,000.00.
B. Veronica may collect from Candy P4,000.00.
C. Veronica may collect from Candy P5,000.00.
D. Veronica may collect from Candy P1.000.00.
Jhane is obliged to give Mae a specific ring. The parties agreed that Jhane may give a
specific watch as substitute. Which of the following statements is true?
A. If the watch is lost through a fortuitous event before substitution, the obligation is
extinguished.
B. If the ring is lost through a fortuitous event after substitution, the obligation is
extinguished.
C. If the ring is lost through the debtor's fault after substitution, the debtor shall pay
damages.
D. If the ring is lost through fortuitous event before substitution, the obligation is
extinguished.
MTQ - 18 OBLICON
MARTINEZ, CHRISTINE
Patrick sold his only car for P 1,000,000.00 to Ivan. Unknown to Patrick, Ivan bought the
car from him so that he could use the car for the delivery of illegal drugs. What is the
status of the sale of the car by Patrick to Ivan?
OBLIGATION
A. The sale is void because the motive of Ivan is illegal.
B. The sale is valid because the illegality of the motive of the parties to the contract
does not have any effect on its validity.
C. The sale is voidable because of the failure of Ivan to disclose his motive to Patrick.
D. The sale is rescissible at the instance of Patrick because he would be damaged by
the illegal motive of Ivan.
Tanya Israni is a new scholar. As a rule, a scholar is bound to pay only 500 pesos but
she paid 7,500 pesos by mistake. The university has the obligation to return the
payment of 7,000. This is an example of _____________.
a. negotiorum gestio
b. dacion en pago
c. solutio indebiti
d. mora accipiendi
MTQ 20 – OBLICON
MIGUEL, KRISTELLE DAINE
Justin borrowed P50,000 from Mary Joy. On due date, Justin did not have any money to
pay the debt so he proposed to Mary Joy that the latter accept a ring to settle the debt.
Mary Joy accepted the proposal and received the ring. Immediately after receiving the
ring, Mary Joy sold it to Joshua. Justin's obligation to give P50,000 to Mary Joy is
extinguished by:
A. Payment by cession
B. Dacion en pago
C. Application of payment
D. Consignation
MTQ 21 – OBLICON
OBAL, JENNELYN
Elmo is obliged to give Bert, either a ring worth P5,000; or bracelet worth P4,500; or a
watch worth P4,000. All the objects were lost due to Elmo's fault in the order stated.
A. Elmo's obligation is extinguished.
B. Elmo's obligation is to pay the value of the ring plus damages.
C. Bert's right is to demand the value of any of the objects plus damages.
D. Elmo's obligation is to pay the value of the watch plus damages.
OBLIGATION
MTQ 22- OBLICON
PAGANA, FIONALYN
Joel sold his only car to Eisley for P100,000.00 cash. The parties agreed that Joel shall
deliver the car within one week from their agreement. Nothing is mentioned in the
agreement on how the car will be cared for by Joel before delivery.
A. Joel need not to take care of the car because nothing was mentioned in the
agreement on how the car will be cared of.
B. Joel must take care of the car with extraordinary diligence.
C. Joel must take care of the car with the diligence of a good father of a family before
delivery.
D. The absence of stipulation on how the car must be cared for renders the sale void
because such stipulation is an essential element of the contract
MTQ - 23 OBLICON
ROCES, JOANN KRISTINE MAE
MTQ 24 – OBLICON
ROXAS, KYLA
Giani obliged himself to give 10 grams of shabu to Marc. Later, the parties agreed that
Giani would instead give to Marc 10 sacks of rice. Is the novation valid?
A. Yes, the novation is valid because there was an agreement between the parties to
modify the obligation.
B. Yes, because the new obligation is valid.
C. No, because the parties can no longer change the object after it has been agreed
upon.
D. No, because the original obligation is void.
OBLIGATION
MTQ 25 – OBLICON
SALAPARE, CHARLENE
MTQ 26 – Oblicon
SALVADOR, PATRICK
Lee obliged himself to give a twenty (20) Philippine Eagle to Salvador to be put in his
farm. He has the plan to reproduce the eagle then be sold at the black market. Later,
the parties agreed that Lee would instead give to Salvador a ten (10) rooster then
reproduce it or sell the egg on the public market. Which of the following statements is
correct?
A. The new obligation is only voidable because Lee had not performed the original
obligation at the time of the novation. Accordingly, the new obligation is binding and
Salvador may demand the delivery of ten roosterfrom Salvador until the new obligation
is annulled by a proper action in court.
B. The novation is void because the original obligation is void. Hence. Salvador cannot
demand the delivery of ten (10) roosters from Lee.
C. The novation is valid because the new obligation is valid. Hence, C can demand the
delivery of ten roosters from Salvador.
D. The original obligation although void is validated by the new obligation. Hence,
Salvador can demand the delivery of ten roosters from Salvador.
Under a contract between Ronald and Shelvi, Ronald is obliged to deliver 15 bottles of
honey bee to Shelvi 30 days after the execution of their agreement. On due date,
Ronald delivered to Shelvi 15 bottles of honey bee which he mixed with water.
A. The contract entered into between Ronald and Shelvi is voidable because of the
fraud employed by Ronald.
B. The contract is valid. The fraud employed by Ronald does not affect the validity of the
contract, but Ronald is obliged to pay damages to Shelvi.
C. The contract is void because of the fraud employed by Ronald in the performance of
his obligation.
D. The contract is rescissible because of the damages suffered by Shelvi.
MTQ 28 – OBLICON
SOMBILLA, JOSH
Dadi owes Casi P10,000 with Gari as guarantor, Casi, on the other hand, owes Dadi,
P8,000. Both debts are already due but Dadi insolvent. In this case -
A. Casi may collect from Gari P10,000.
B. Casi may collect from Gari P2,000 because a guarantor can set up compensation as
regards what the creditor owes the principal debtor.
C. Casi may collect nothing from Gari because Dadi is insolvent.
D. Casi may collect P8,000 from Gari.
I. “Pay to the order of Divine P50, 000.00 in goods which are displayed at your store.”
II. “Pay to the order of Divine P50, 000.00 or deliver to him a computed of the same
value at his option.”
Howard brought his wristwatch to Francis for repair. Francis has the right to retain the
wristwatch by way of legal pledge until Howard has paid him for the repair work he has
undertaken.
A. Ian made a Promissory note “I promise to pay Mark or order P10, 000. sdg Ian.
Mark however lost the instrument. Andrew found it and simulated the signature of
Mark and negotiated the instrument to Richard. Richard negotiated it to Claire, a
holder in due course. Who are liable to the holder?
A. Andrew
B. Andrew and Richard
C. Mark and Richard
D. Ian and Mark
I. An instrument stating, “I promise to pay Mavs and to no other person the sum
of P50,000”
II. The instrument made by Masha that contains, “to pay Mariel in trust for
Cheska”
III. The instrument I issued stating, “To pay Joy for my own use a sum of
P100,000”
A. I only
B. I and II
C. All of the above
D. None of the above
OBLIGATION
I promise to pay to the order of Majoy Lusterio the sum of Php500,000 if she places first
in the May 2020 CPA Examination.
II. An instrument originally payable to bearer may be converted into an order instrument.
A. Pay to X only
B. Pay to B in trust for Z
C. Pay to M for collection
D. Pay to A without recourse
OBLIGATION
GARBIDA, JANE CARLA C.
The following instruments are negotiable except;
A. Pay to the order of Watzhan Bakradi the sum of P10 000 out of my money I
gave you for safekeeping.
(Sgd.) Jane
To : Jay
B. Pay to the order of Watzhan Bakradi the sum of P10 000 and reimburse yourself
out of the money I gave you for safekeeping.
(Sgd.) Jane
To : Jay
C. Pay to the order of Watzhan Bakradi the sum of P10 000 and thereafter charge
my acount
(Sgd.) Jane
To : Jay
D. Pay to the order of Watzhan Bakradi the sum of P10 000 and reimburse out of
the proceeds of my loan from PNB.
(Sgd.) Jane
To : Jay
The correct answer is
A. Pay to the order of Watzhan Bakradi the sum of P10 000 out of my money I gave you
for safekeeping.
(Sgd.) Jane
To : Jay
HUERTAZUELA, ARA B.
Vincent signs a check with the name of the payee and the amount in blank keeps the
check in his safe. Leo, his bestfriend, learns of the check and steals it. He places the
amount of P20,000 on the check and his name as the payee. He thereafter indorses the
check to A, then A to B, B to C and C to H, holder.
A. I only
B. I and II
C. II only
D. None of the above
OBLIGATION
LINGCORAN, JAIRA KYLA M.
Which of the following renders an instrument non-negotiable?
A. Kaye cannot be compelled to pay even if the condition is fulfilled because the
conditional indorsement renders the instrument non-negotiable.
B. Kaye may pay Amber even if the condition has not been fulfilled. The fulfillment of the
condition becomes immaterial and Amber becomes the absolute owner of the proceeds
of the note.
C. Kaye must wait for the condition to be fulfilled before she can pay Amber.
OBLIGATION
D. Kaye may pay Amber even if the condition has not been fulfilled but Amber has
to hold the proceeds subject to the rights of Jenny.
MERCADO, ANGELO T.
Statement No. 1: An order or promise to pay out of a particular fund is not unconditional.
PENTINIO, ANGEL M.
A holder is a holder in due course if he has taken the instrument complete and regular
on its face and three of the following conditions, except:
A. That he became the holder of the instrument before it was overdue and without
notice that it had been previously dishonored if such was the fact.
B. That he took it in good faith and for value.
C. That there is no fraud or illegality affecting the instrument.
D. That at the time it was negotiated to him, he had no notice of any infirmity in the
instrument or defect in the title of the person negotiating the same.
RAMOS, YSABLE H
Which of the following requisites of negotiability does not apply to a promissory note?
A. It must be in writing and signed by the maker or drawer
B. Must contain an unconditional promise or order to pay a sum certain
money
C. It must be payable to order or to bearer
D. Where the instrument is addressed to a drawee, he must be named
or otherwise indicated therein with reasonable certainty.
OBLIGATION
II. Where there is discrepancy between the written and printed provisions of the
instrument, the printed provisions prevail.
SAGARINO, SANDRA F.
On August 1, 2020 Rajan issued an undated promissory note payable to the order of
Kala "60 days after date." While in her possession, Kala inserted "July 1, 2020" as the
date of issue of the note, instead of August 1, 2020, the actual date of issue. Kala then
indorsed the note to Rajan (who was not aware of the insertion of the wrong date), and
Rajan to Wolfie, a holder in due course. When may Wolfie enforce payment of the
instrument against Rajan?
A. August 30, 2020
B. September 30, 2020
C. Either on August 30, 2020 or September 30, 2020 at his option.
D. At any time after issue since the instrument becomes a demand instrument.
VILLADIEGO, JIZELLE J.
“I promise to pay Meyer or his order the sum of P15, 000 upon the death of his mother.’’
This is an instrument payable:
a. on demand
b. at a determinable future time
c. upon the fulfillment of a condition
d. at an indefinite time, hence, non-negotiable.
Jan executed a note payable to the order Daryl. Daryl indorsed the note to Ally, Ally to
Sandra (qualified indorsement), Sandra to Lloyd(by general indorsement), and Lloyd(by
general indorsement), to Tantan, a holder in due course. Later, it was discovered that
Daryl was a minor. None except Daryl, knew that he was a minor. Who aside from P,
may avail himself of the minority of P as a defense?
OBLIGATION
a. Jan, maker.
b. Ally, qualified indorser.
c. Sandra, general indorser.
d. None, only Daryl may avail himself of his minority as a defense.
Melay makes a promissory note payable to bearer and delivers the same to Paulo, who
negotiates it to Ara by delivery. If the note is dishonored in the hands of Ara due to the
insolvency of Melay, can Ara recover from Paulo?
a. Yes. By indorsing the instrument to Ara, Paulo warrants payment of the instrument.
b. No. Because Melay, as the maker, is the one primary liable.
c. Yes. Because if Melay is insolvent, Paulo is the one secondary liable.
OBLIGATION
d. No. By indorsing the instrument to Ara, Paulo does not warrant the solvency of
Melay.
Ron makes a promissory note payable to the order of Patricia and delivers the same to
Patricia. Patricia indorses the note to Alex who keeps it in her drawer. Ford steals the
note and negotiates the same to Baron by forging Alex's signature. Thereafter, Baron
negotiates the note to Calli, Calli to Devon, Devon to Heather, a holder in due course.
Based on the foregoing information, which of the following statements is true?
a. Heather can hold Ron and Patricia liable because they became bound under the
instrument before the forgery.
b. Heather cannot hold Baron, Calli and Devon liable because they have no
participation whatsoever in the commission of the forgery.
c. Heather can enforce the instrumeny only against Ford, the forger, since he is the
perpetrator of the forgery.
d. Heather can enforce instrument against Ford, Baron, Calli and Devon, but not against
Ron, Patricia and Alex.
MTQ 7 – NEGO
CATONER, COREEN
One of the following can set up the defense of forgery in an instrument payable to order.
Who is it?
A. an endorser, if the maker’s signature is forged
B. the acceptor, if the drawer’s signature is forged
C. a person negotiating by mere delivery if a prior party’s signature is forged
D. the maker, if an endorser’s signature is forged
MTQ 08 – NEGO
DE GUZMAN, CHARLENE
MTQ 09 – NEGO
ECHEVARRIA, WINCEL
Kae draws a check for P100,000.00 payable to the order of Larra and against her
deposit of P2,000,000.00 at XYZ Bank. The check is indorsed by Larra to Kerstine,
holder. Kerstine delays the presentment of the check to XYZ Bank. By the time he
presents it for payment, XYZ Bank is already insolvent. Kae is able to recover
P500,000.00 from the Philippine Deposit Insurance Corporation on her deposit. Will Kae
still be liable to Kerstine?
A.Yes, for P100,000.00.
B.Yes, for P75,000.00.
C.Yes, for P25,000.00.
D.No, Kae will no longer be liable because Kerstine’s delay in presenting the check for
payment totally discharged her from liability on the check.
MTQ 10 – NEGO
FERRER, JULLIE
MTQ 11 – NEGO
FORMAREJO, CHRISTINE
"I promise to pay Marco or his order the sum of P25,000,000 20 days after the death of
Xander.' This is an instrument payable:
A. at a determinable future time
B. on demand
C. upon the fulfillment of a condition
D. at an indefinite time, hence, non-negotiable
MTQ 13 – Nego
GARCIA, JOHNYDEL
The maker, by making the instrument, has the following liabilities, except:
A. The admission of the right of the holder to enforce payment of the instrument.
B. The engagement to pay the instrument according to its tenor
C. The admission of the existence of the payee.
D. The admission of the capacity of the payee to indorse the instrument.
Jaime makes a note payable to the order of Jacob in the amount of Php 10,000. Jacob
indorses the note to Steven as follows "Pay to Steven if he passes the 2023 CPA Board
Examination"
A. Jaime must wait for the condition to be filfilled before he can pay Steven.
B. Jaime may pay Steven even if the condition has not been fulfilled but Steven has to
hold the proceeds subject to the rights of Jacob.
C. Jaime cannot be compelled to pay even if the condition is fulfilled because the
conditional endorsement renders the intrument non-negotiable.
D. Jaime may pay Steven if the condition has not been fulfilled. The fulfilment of the
condition becomes immaterial and Steven becomes the absolute owner of the proceeds
of the note.
OBLIGATION
MTQ 15 - NEGOTIABLE INSTRUMENT
GIRON, JAN ALFRED
MTQ 16 – NEGO
GO, STEFALIE
Stefalie approaches Kim Chui, an actress, and requested an autograph from her. The
actress willingly signed her name at the bottom right portion of the paper. After, Stefalie
printed the following: “I promise to pay Stefalie or his order P50,000.00.” on paper
signed by the actress. Thereafter, Stefalie negotiated the paper to Aila, Aila to Bryan
and Bryan to Harry, the holder. Aila, Bryan, and Harry knew nothing about how
apparent note came into being.
A. If he is a holder in due course. Harry can collect from Kim Chui.
B. Whether he is a holder in due course or not, Harry cannot collect to Kim Chui.
C. Whether he is a holder in due course or not, Harry cannot collect from Aila.
D. Whether he is a holder in due course or not, Harry cannot collect from Bryan.
A party secondarily liable is discharged through any of the following, except by the:
a. Intentional cancellation of his signature by the holder
b. Discharge of a prior party
c. Release of the principal debtor
d. Extension of the time of payment which is assented to by such party secondarily
liable
MTQ 20 – NEGO
MIGUEL, KRISTELLE DAINE
MTQ 21 – NEGO
OBAL, JENNELYN
Krizzia issued a promissory note payable to the order of Vin for P100,000.00.
Thereafter, Vin indorsed the note to Beth. While the note is in the possession of Beth,
Mill stole it and negotiated it to Pia by forging the signature of Beth. Pia was not aware
of the forgery of Beth's signature. Pia then indorsed the note to Nica, a holder in due
course. The parties who may raise forgery as a defense are:
OBLIGATION
A. Krizzia and Vin
B. Beth and Pia
C. Krizzia, Vin and Beth
D. None of the parties may raise forgery as a defense because Nica is a holder in due
course.
Evren makes a note payable to the order of Cali. Cali specially indorses the note to
Ethan, Ethan specially indorses the note to Daemon, Daemon indorses the note in
blank and delivers it to Ross, Ross specially indorses the note to Adam, Adam indorses
the note to Taka, holder. Which of the following indorsements may Taka strike out?
A. The special indorsement of Cali to Ethan
B. The special indorsement of Ross to Adam
C. The blank indorsement of Daemon to Ross
D. The special indorsement of Adam to Taka
[Application] In this case, the indorsement of Ross to Adam is not necessary to Taka's
title by virtue of the blank indorsement of Daemon. Even if their indorsement are
cancelled, the note would become payable to bearer, meaning, it can be negotiated by
mere delivery.
[Conclusion] The other indorsements are necessary for Taka's title, therefore, the only
indorsement that can be struck out is the indorsement of Ross to Adam.
MTQ 23 – NEGO
ROCES, JOANN KRISTINE MAE
A part secondarily liable is discharged through any of the following means, except by
the:
A. Intentional cancellation of his signature by the holder
B. Extension of the time of payment which is assented to by such party secondarily
liable.
C. Release of the principal debtor
D. Discharge of a prior party
Xayah signed a promissory note for P300,000 as maker and payable to bearer,
delivered to Betty in payment for Xayah's scheduled medical operation that will make
her tall. Later, Xayah was informed that it is impossible to make her tall. However, Betty
has already delivered the note to Harry upon the terms of payment of P100,000 and the
balance in a month. Harry received a notice of the defect. Which is true?
A. Harry can collect P300,000 because he is a holder in due course entitle to the full
amount of the instrument.
B. Harry must pay the balance before he can collect for the full amount.
C. Harry is a holder in due course to the extent of P100,000, the amount paid by him.
D. Harry cannot collect because of the failure or absence of consideration.