Final Examination - Oblicon

12/20/21, 8:51 PM FINAL EXAMINATION - OBLICON
FINAL EXAMINATION - OBLICON

Total points 75/80
Choose the letter corresponding to the answer of your choice. (80 Points)
The respondent's email (2223206@slu.edu.ph) was recorded on submission of this form.
For Nos. 1-37, determine what kind of defective contracts are the 1/1
following: 1. Contract of sale of “shabu”. *
A. Rescissible
B. Voidable
C. Unenforceable
D. Void or Inexistent
2. Contract to manipulate the result of the election through hacking. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
https://docs.google.com/forms/d/e/1FAIpQLSdV6-ys6M6boYmQIjGN8R3HH4-Y8pEHv4Ms-dxgWbNuo9Z32g/viewscore?viewscore=AE0zAgAv7a4tF… 1/33
3. Contract of sale between husband and wife. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
4. A simulated real estate mortgage. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
5. A contract whereby X agreed to be the mistress of Y for P30,000.00 1/1

monthly allowance. *
A. Rescissible
B. Voidable
C. Unenforceable
6. A contract whereby the debtor agreed to work for the creditor for free 1/1
as long as the debtor has not paid his debt. *
A. Rescissible
B. Voidable
C. Unenforceable
7. A lease contract where it is stipulated that the lessor can forcibly evict 1/1
the lessee for non-payment of rent. *
A. Rescissible
B. Voidable
C. Unenforceable
8. A contract of sale of the seller’s future inheritance from his parents. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
9. A contract whose cause or object did not exist at the time of the 1/1
transaction. *
A. Rescissible
B. Voidable
C. Unenforceable
10. A contract of sale of a slightly used human brain. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
11. A contract of barter or exchange of a human heart for a human liver. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
12. A contract whereby the City of Baguio donated Bakakeng Road to 1/1
SLU. *
A. Rescissible
B. Voidable
C. Unenforceable
13. A contract whereby A will kill B’s mother-in-law in exchange for two- 1/1
piece Jollibee Chicken Joy with fries. *
A. Rescissible
B. Voidable
C. Unenforceable
14. A contract between a 16 years old and a 17 years old. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
15. A contract between a 16 years old and an insane or demented person. 1/1
*
A. Rescissible
B. Voidable
C. Unenforceable
16. A contract between a 17 years old and a deaf-mute who does not 1/1
know how to write. *
A. Rescissible
B. Voidable
C. Unenforceable
17. A contract whereby A, without authority, borrowed money for and in 1/1
the name of B. *
A. Rescissible
B. Voidable
C. Unenforceable
18. A gave B the authority to lease his house and lot to C. But B instead 1/1
sold the house and lot to C. The sale is: *
A. Rescissible
B. Voidable
C. Unenforceable
19. An oral contract that by its terms is not to be performed within a year 1/1
from its making. *
A. Rescissible
B. Voidable
C. Unenforceable
20. An oral promise to pay answer for the debt of another. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
21. An oral pre-nuptial agreement. * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
22. A verbal contract of sale of a cellular phone worth P1,000.00 when no1/1
payment and delivery have yet made. *
A. Rescissible
B. Voidable
C. Unenforceable
23. A verbal executory contract of lease of a boarding house for a term 1/1
of two years. *
A. Rescissible
B. Voidable
C. Unenforceable
24. A verbal contract of sale of farmland for P50,000.00 when no 1/1

payment and delivery have yet made. *
A. Rescissible
B. Voidable
C. Unenforceable
Other:
25. A written contract of sale of a laptop computer between a 25 years 1/1

old and a 17 years old. *
A. Rescissible
B. Voidable
C. Unenforceable
26. A written contract of sale of a motorcycle between a 25 years old and 1/1
a drunk 20 years old. *
A. Rescissible
B. Voidable
C. Unenforceable
27. A written contract of sale of a house and lot between a 45 years old 1/1
demented person who acted during lucid interval and a 50 years old
under hypnotic spell. *
A. Rescissible
B. Voidable
C. Unenforceable
28. A written contract of sale of a fishpond where the seller’s consent 1/1
was obtained through intimidation. *
A. Rescissible
B. Voidable
C. Unenforceable
https://docs.google.com/forms/d/e/1FAIpQLSdV6-ys6M6boYmQIjGN8R3HH4-Y8pEHv4Ms-dxgWbNuo9Z32g/viewscore?viewscore=AE0zAgAv7a4t… 10/33
29. A contract where the debtor forced the creditor to loan him 1/1
P10,000.00. *
A. Rescissible
B. Voidable
C. Unenforceable
30. A contract where a teacher unduly influenced his student to give his 1/1
cellular phone to him. *
A. Rescissible
B. Voidable
C. Unenforceable
d. Void or Inexistent
31. A contract where the seller made the buyer believed that what he 1/1
sold is a brand new cellular phone when in fact it is a second-hand. *
A. Rescissible
B. Voidable
C. Unenforceable
32. A contract where the donor donated P10,000 to the donee whom he 1/1
thought has cancer. *
A. Rescissible
B. Voidable
C. Unenforceable
33. A written contract of sale where the guardian sold the minor’s 1/1
P1,000,000 condominium unit for only P500,000. *
A. Rescissible
B. Voidable
C. Unenforceable
34. A written contract of sale entered into by a debtor to defraud his 1/1
creditors who cannot collect their claims in any other manner. *
A. Rescissible
B. Voidable
C. Unenforceable
35. A written contract of sale of a car subject of a case which the 1/1
defendant sold without the court’s approval. *
A. Rescissible
B. Voidable
C. Unenforceable
36. A written contract of donation of shares of stock a father made in 1/1

favor of his daughter, where the father left no other properties for his
creditors. *
A. Rescissible
B. Voidable
C. Unenforceable
37. The following defective contracts may be ratified except: * 1/1
A. Rescissible
B. Voidable
C. Unenforceable
38. A voidable contract may be annulled within how many years? * 1/1
A. 2
B. 4
C. 6
D. no prescription/limitation
39. A rescissible contract may be rescinded within how many years? * 1/1
A. 2
B. 4
C. 6
40. A void contract may be nullified within how many years? * 1/1
A. 2
B. 4
C. 6
41. The following are the building blocks of a contract, except: * 1/1
A. Cause.
B. Consent
C. Document
D. Object
42. A law of English origin that required certain contracts to be in writing ···/1
to be enforceable. *
A. Statute of Limitations
B. London Statute
C. Statute of Frauds
D. Statute of Liberty
No correct answers
43. A contract that is perfected by the delivery of its object or subject 1/1
matter. *
A. Consensual
B. Bilateral
C. Real
D. Aleatory
44. A contract that gives rise to reciprocal obligations for both parties. * 1/1
A. Consensual
B. Bilateral
C. Real
D. Aleatory
45. Statement 1 (S1). Freedom to contract means that the parties 1/1
themselves determine the terms and conditions of their contract.
Statement 2 (S2). The only limitation of this freedom is that the terms and
conditions should not be contrary to law. *
A. True, True
B. True, False
C. False, True
D. False, False
46. S1. Contracts are binding and effective only between the parties, 1/1
their heirs and assigns. S2. Thus, an heir of a debtor is liable to the
creditor for the full amount of the obligation. *
A. True, True
B. True, False
C. False, True
D. False, False
47. S1. A contract may contain some stipulations in favor of a third. S2. 1/1
Such stipulation is called “stipulation pour artruy”. *
A. True, True
B. True, False
C. False, True
D. False, False
48. S1. A contract must bind both contracting parties. S2. A third person 1/1
who induced a party to violate the contract shall be liable for damages to
the other contracting party. *
A. True, True
B. True, False
C. False, True
D. False, False
49. S1. A mere expression of an opinion does not signify fraud. S2. 1/1
Misrepresentation by a third person does not vitiate consent. *
A. True, True
B. True, False
C. False, True
D. False, False
50. S1. An acceptance of the offer may be express or implied. S2. A 1/1
qualified acceptance is not really an acceptance but a counter-offer. *
A. True, True
B. True, False
C. False, True
D. False, False
51. S1. Misrepresentation made in good faith is not fraudulent but may 0/1
constitute an error. S2. An incidental fraud only obliges the person
employing it to pay damages. *
A. True, True
B. True, False
C. False, True
D. False, False
Correct answer
B. True, False
52. S1. In alternative obligations, it is the choice of which prestation to 0/1

perform made by the debtors that will convert the alternative obligation
into a pure or simple one. S2: In facultative obligations, the right of
substitution may be transferred to the creditor. *
A. True, True
B. True, False
C. False, True
D. False, False
Correct answer
B. True, False
53. S1. The creditor may be compelled to accept payment in checks as 1/1
long as the check is negotiable. S2. An obligation payable “should the
client die of leukemia” is an obligation with a period. *
A. True, True
B. True, False
C. False, True
D. False, False
54. S1. In novation through expromision, there can be a revival of the 0/1
original debtor’s obligation should the new debtor’s obligation turn out to
be insolvent and such is of public knowledge. S2. In alternative
obligations, what converts the same into a pure or simple obligation is
that the choice of prestation to be performed by the debtor. *
A. True, True
B. True, False
C. False, True
D. False, False
Other:
Correct answer
A. True, True
55. S1. The concurrence of more than one creditor or more than one 1/1
debtor in one and the same obligation implies solidarity. S2. A joint
obligation is the same as a joint and several obligation. *
A. True, True
B. True, False
C. False, True
D. False, False
56. The stages in the life of a contract are in the following order: * 1/1
A. Egg, Larva, Pupa
B. Negotiation, Perfection, Termination
C. Proposal, Negotiation, Delivery
D. Offer, Acceptance, Performance
57. A offered to sell his orchard to B for P1,000,000.00. B asked for 5 1/1
days or until December 19, 2021, to decide whether or not to accept A’s
offer. On December 15, 2021, A told B that he is withdrawing the offer to
sell. *
A. A cannot withdraw the offer because the option period has not yet expired.
B. A cannot withdraw the offer because the choice belongs to B.
C. A can withdraw the offer because B has not yet accepted his offer.
D. A can withdraw the offer because an advertisement is a mere invitation for B to

make a proposal.
58. A is convicted of theft for stealing B’s laptop computer worth 1/1
P20,000.00. The court ordered A to return the laptop computer to B or
otherwise pay P20,000.00. A reasoned out that his obligation is already
extinguished because the laptop computer perished in an earthquake. *
A. A is correct because the specific object was lost due to a fortuitous event.
B. A is correct because the laptop computer was lost before he was convicted.
C. A is not correct because his obligation to return the laptop computer arises
from crime.
D. A is not correct because a generic real obligation does not perish.
59. The cause or consideration in an onerous contract. * 0/1
A. the prestation by the other party
B. the service or benefit remunerated
C. the object to be given in exchange
D. the liberality of the benefactor
Correct answer
60. The cause or consideration in a remuneratory contract. * 1/1
61. The cause or consideration in a gratuitous contract. * 1/1
62. Any damage caused by the fact that the price is unjust or inadequate. 1/1
*
A. Ex Promision
B. Ad Infinitum
C. Lesion
63. S1. An obligation is extinguished if its prestation becomes legally 1/1

impossible with or without the debtor’s fault. S2. A positive personal
obligation is also extinguished if it becomes so difficult to be manifestly
beyond the parties’ contemplation. *
(A) True, True
(B) True, False
(C) False, True
(D) False, False
64. Meeting in one person of the characteristics of both the debtor and 1/1
the creditor in one and the same obligation extinguishes the obligation
by way of: *
A. Novation
B. Merger or confusion
C. Compensation or set-off
D. Condonation or remission
65. An absolutely simulated or fictitious contract is: * 1/1
A. Valid
B. Void
C. Unenforceable
D. None of the above
66. It is an obligation based on positive law which confers to the obligee 1/1
the right to enforce performance. *
A. Natural Obligation
B. Legal Obligation
C. Civil Obligation
D. Moral Obligation
67. The act of abandoning or transferring all the debtor’s property to his 1/1
creditors so that the creditors may sell them, and out of its net proceeds
to recover their claim is called: *
A. Condonation
B. Payment by cession
C. Tender of payment and consignation
D. Dacion en pago
68. It is an obligation wherein various things are due and the complete 1/1
performance of all of them is necessary to extinguish the obligation. *
A. Pure or simple obligation
B. Conjunctive obligation
C. Alternative obligation
D. Facultative obligation
69. Payment of the obligation by a solidary debtor shall not entitle him to 1/1
reimbursement from his co-debtors. *
A. If such payment was made after the obligation is due.
B. If such payment was made after the obligation has prescribed or become
illegal.
C. If such payment was made in compliance with the demand made to him by all the
creditors.
D. If such payment was made after the obligation has become due and demandable
and notice of payment was made only to him.
70. It is the delivery by the debtor of a specific thing to the creditor in 1/1
payment of an obligation consisting of money. *
A. Assignment of rights
B. Dation in payment
C.Tender of payment and consignation.
D. Application of payment
71. Employer promised to increase Employee’s salary starting January 1/1

2021. However, Employer did not fulfill his promise. Employee threatened
Employer that he will complain to the Department of Labor and
Employment if his salary will not be increased. Thus, Employer raised
Employee’s salary against his will. Is Employer’s consent vitiated by the
vice of threat? *
A. Yes, because Employer has the choice whether to increase Employee’s salary or
not.
B. Yes, because Employer increased Employee’s salary involuntarily.
C. No, because Employee threatened to resort to legal means to enforce his

claim.
D. No, because Employer was the one who promised to increase Employee’s salary.
72. S sold his lot to B. The lot is the subject of a case filed by X against S. 1/1
S did not disclose this fact to B. Is S liable to B for fraud? *
A. Yes, because S has the obligation to reveal the fact to B even if the latter did
not ask.
B. Yes, because the sale involves transfer of real rights to the property.
C. No, because S did not say and do anything to convince B to buy the lot.
D. No, because B is bound by the rule of “caveat emptor” or “buyer beware”.
73. A saw a TV advertisement of a body cologne showing women getting 1/1

attracted to and running after the man who used the said product.
Believing what he saw on TV, A bought the cologne, wear it and walked
along Session Road. He was disappointed when women gave no
attention to him. *
A. A can complain for damages on ground of fraud because the advertisement is not
true.
B. A can complain for damages because the advertisement is an exaggeration.
C. A cannot complain because the advertisement is in the nature of a “trader’s

talk” or “dealer’s talk”.
D. A cannot complain because there is no contract between him and the cologne’s
manufacturer.
74. D bound himself to deliver a Sony LED TV with Serial No. WERT-35 to 1/1
C and to repair C’S washing machine. D failed to perform both. *
A. C can compel D to deliver the TV but not to repair the washing machine.
B. C can compel D to repair the washing machine but not to deliver the TV.
C. C can compel D to perform both.
D. C cannot compel D to perform both.
75. D is supposed to deliver a horse named “Red” to C on December 25, 1/1

2021. On the due date, D did not deliver the horse despite C’s demand.
The following day Red was struck by lightning and died. Is D still obliged
to C? *
A. No, his obligation is extinguished due to a fortuitous event.
B. Yes, because D is already in default when Red perished.
C. Yes, D must give C another horse of the same kind.
D. No, because the horse was at fault.
76. BBCCC Cooperative paid taxes to the City of Baguio. However, it 1/1
turned out that BBCCC is unaware that it is tax-exempt under the law.
May BBCCC demand a tax refund? *
A. No, because it is negligent in paying the City of Baguio.
B. Yes, because the City of Baguio’s obligation to refund arises from the National
Internal Revenue Code.
C. Yes, because there was a lawful management tantamount to Negotiorum Gestio.
D. Yes, because the City of Baguio received the payment without right to do so.
77. A issued to B a check payable to the order of “CASH”, which makes 1/1
the check payable to whoever holds it. B used the check to pay his
obligation to C. Then, C used the check to pay his obligation to A. *
A. A’s obligation is extinguished because he became the creditor and debtor of

himself.
B. A’s obligation is extinguished because his obligation to B is compensated by B’s

obligation to C.
C. A’s obligation is not extinguished. He still obliged to pay B but he can demand
payment to C.
D. A’s obligation is not extinguished because B and C do not have similar interest.
78. A and B issued a P10,000.00 promissory note payable to C or bearer, 1/1

which makes the promissory payable to whoever holds it. C used the
promissory note to pay his obligation to D. In turn, D used the promissory
note to pay his P5,000.00 loan from A. *
A. A and B’s obligation to C is totally extinguished by merger.
B. Only A’s obligation is extinguished. B still owes C P5,000.00.
C. A and B’s obligation is not extinguished. They are still obliged to pay C but they
can demand payment to D.
D. A and B’s obligation is not extinguished because their obligation is not solidary.
79. D is obliged to sell and deliver a particular motorcycle to C on or 1/1

before December 20, 2021. On December 9, 2021, the motorcycle was
lost while parked in D’s garage. *
A. D is still liable to C unless he can prove that the loss was not due to his fault.
B. D is still liable to C because the loss was due to his negligence.
C. D’s obligation is extinguished due to fortuitous event.
D. D’S obligation is extinguished because it becomes physically impossible for him

to deliver the motorcycle.
80. D is obliged to sell and deliver a particular motorcycle to C on or 1/1

before December 16, 2021. On due date, D did not deliver the motorcycle
despite C’s demands. The following day the motorcycle was totally
destroyed by a typhoon. *
A. D is still liable to C unless he can prove that the loss was not due to his fault.
B. D is still liable to C because the loss happened when he was already in default.
C. D’s obligation is extinguished due to fortuitous event.
D. D’S obligation is extinguished because it becomes physically impossible for him

to deliver the motorcycle.
GLORIA IN EXCELSIS DEO
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12/20/21, 8:51 PM FINAL EXAMINATION - OBLICON

FINAL EXAMINATION - OBLICON

The respondent's email (2223206@slu.edu.ph) was recorded on submission of this form.

2. Contract to manipulate the result of the election through hacking. * 1/1

3. Contract of sale between husband and wife. * 1/1

4. A simulated real estate mortgage. * 1/1

5. A contract whereby X agreed to be the mistress of Y for P30,000.00 1/1

10. A contract of sale of a slightly used human brain. * 1/1

14. A contract between a 16 years old and a 17 years old. * 1/1

21. An oral pre-nuptial agreement. * 1/1

24. A verbal contract of sale of farmland for P50,000.00 when no 1/1

25. A written contract of sale of a laptop computer between a 25 years 1/1

36. A written contract of donation of shares of stock a father made in 1/1

37. The following defective contracts may be ratified except: * 1/1

52. S1. In alternative obligations, it is the choice of which prestation to 0/1

A. Egg, Larva, Pupa

B. Negotiation, Perfection, Termination

C. Proposal, Negotiation, Delivery

D. Offer, Acceptance, Performance

B. A cannot withdraw the offer because the choice belongs to B.

D. A can withdraw the offer because an advertisement is a mere invitation for B to

D. A is not correct because a generic real obligation does not perish.

59. The cause or consideration in an onerous contract. * 0/1

A. the prestation by the other party

B. the service or benefit remunerated

C. the object to be given in exchange

D. the liberality of the benefactor

A. the prestation by the other party

60. The cause or consideration in a remuneratory contract. * 1/1

A. the prestation by the other party

B. the service or benefit remunerated

C. the object to be given in exchange

D. the liberality of the benefactor

61. The cause or consideration in a gratuitous contract. * 1/1

A. the prestation by the other party

B. the service or benefit remunerated

C. the object to be given in exchange

D. the liberality of the benefactor

D. the liberality of the benefactor

63. S1. An obligation is extinguished if its prestation becomes legally 1/1

(A) True, True

(B) True, False

(C) False, True

(D) False, False

65. An absolutely simulated or fictitious contract is: * 1/1

D. None of the above

C. Tender of payment and consignation

A. Pure or simple obligation

A. If such payment was made after the obligation is due.

C.Tender of payment and consignation.

71. Employer promised to increase Employee’s salary starting January 1/1

B. Yes, because Employer increased Employee’s salary involuntarily.

C. No, because Employee threatened to resort to legal means to enforce his

D. No, because B is bound by the rule of “caveat emptor” or “buyer beware”.

73. A saw a TV advertisement of a body cologne showing women getting 1/1

B. A can complain for damages because the advertisement is an exaggeration.

C. A cannot complain because the advertisement is in the nature of a “trader’s

C. C can compel D to perform both.

D. C cannot compel D to perform both.

75. D is supposed to deliver a horse named “Red” to C on December 25, 1/1

A. No, his obligation is extinguished due to a fortuitous event.

B. Yes, because D is already in default when Red perished.

C. Yes, D must give C another horse of the same kind.