Final Pre-Board Examination

PART – 2
Regulatory Framework for Business Transaction

1. The omission of that diligence required by the nature of the obligation corresponds with
the circumstances of the persons of time and of the place.
a. Violatio
b. Dolo
c. Culpa
d. Mora

2. D is indebted to C for P100, 000 secured by a mortgage executed by M on his lot and a
guaranty by G. Which of the following is false if M offers to pay the loan?
a. C can be compelled to accept the payment
b. M will be subrogated to the rights of C
c. M can later on collect from G if D fails to pay M
d. If it turns out that D already paid half of the loan, M can only collect P50, 000

3. Jessica Day rented an apartment unit from Nick Miller. They agreed that Jess would pay
for a one-month deposit and one-month advance and would shoulder all utility costs
during the length of her possession. Jess without notice left the apartment unit and never
returned, leaving an unpaid electric bill of P4, 800. From whom can the electric company
collect?
a. Jess
b. Nick
c. Both, equally
d. Neither

4. Voluntary compensation is not proper in all the following cases, except;

a. Deposit on the part of the depository
b. Bail as to the bailor
c. Support as to the one obliged to give support
d. Civil liability arising from a penal offense

5. Max owed Caroline P1million due on October 1, 2021 bur failed to pay her on due date.
Caroline sent a demand letter to Max giving her 5 days from receipt within which to pay.
Two days after receipt of the letter, Max personally offered to pay Caroline in manager’s
check, which was fully funded and debited already from her account but the latter refused
to accept the same. After the lapse of the 5 days, is the obligation considered
extinguished.
a. Yes, since the refusal of Caroline has no basis resulting to the extinguishment of the
obligation
b. No, since tender of payment even in cash, if refused, will not discharged the
obligation without proper consignation in court
c. Yes, since Max tendered payment of the full amount due
d. No, since a manager’s check is not considered legal tender