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D. P10,000 only because the obligation is joint.
10. D will support C until end of this year is an obligation with:
A. a suspensive condition
B. a resolutory condition
C. an EX DIE period
D. an IN DIEM period
11. A condition which, if imposed on an obligation, will be disregarded and will, therefore, make the debt
immediately demandable:
A. If X passes the CPS examinations
B. If X swims across the Pacific Ocean
C. If X does not swim across the Pacific Ocean
D. If X kills Y
12. A, B and C obligated themselves to deliver to X specific car worth P300,000. On due date, said car is
not delivered to X due to the fault of A causing a P9,000 damage to the former. In this case:
A. X can compel any of A, B and C to pay P309,000.
B. The obligation of A, B and C is presumed to be joint and therefore, X cam compel A, B
C. and C to each deliver 1/3 of the car plus damages of P3,000.
D. The obligation of A, B and C is presumed to be joint, but the action is converted into one for
damages where X can collect from A, B and C P103,--- each.
E. The obligation of A, B and C is presumed to be joint but the action is converted into one for
damages where X can collect from A P109,000 and from B and C P100,000 each.
13. D binds himself to deliver to C a specific jeep and specific car. This is:
A. An alternative obligation
B. A facultative obligation
C. Both of (a) and (b)
D. None of the above
14. A, B and C jointly and severally obligated themselves to deliver to X a determinate car worth
P600,000. On due date, because of B's fault, said car was not delivered causing a P9,000 damage to
X. B is insolvent
A. X can collect from A, B and C P203,000 each.
B. X can collect from A the sum of P600,000 only because he is not the party at fault but can recover
reimbursement from C in the amount of P309,000.
C. X can collect from the whole of P609,000 and collect reimbursement from A P200,000 only.
D. X can collect from C the whole amount of P609,000 and collect reimbursement from A in the
amount of P304,500.
15. D borrowed from C P100,000 with an agreement that upon failure to pay on due date, a penalty of
20% shall be imposed. On due date, the P100,000 was not paid. C can collect from D
A. P100,000 only
B. P100,000 plus penalty
C. P100,000 plus penalty plus interest at 12%
D. P100,000 plus penalty plus interest plus damages
16. In the following cases, interest or damages can be collected by the creditor from the debtor in addition
to the penalty agreed upon
A. If there is a stipulation to that effect.
B. If the debtor defaults in the payment of the penalty.
C. Where the debtor commits fraud in the fulfillment of the obligation
D. All of the above
17. D is indebted to C in the amount of P500,000. By dacion en pago D conveyed to the ownership of a
car with an agreed appraised value of P700,000.
A. The obligation of D to C is automatically extinguished
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B. The obligation of D to C is not extinguished because they agreed to sell the car from which the
payment of P500,000 is to be derived
C. The obligation of D to C is automatically extinguished and on top of that has to pay D P200,000.
D. Correct answer not indicated
18. DO UT FACIAS
A. I give that you give C. I make that you give
B. I give that you make D. A make that you make
19. D is indebted to C in the amount of P2,000,000 and to secure the payment of which D mortgaged his
house and lot. Later on, became indebted to D in the amount of P500,000 which is now due and
demandable T, a third person, without the consent of D made payment to C in the amount of
P2,000,000. On due date:
A. T can collect from D reimbursement of P2,000,000 as this is the amount that he paid to C
B. By T's payment to C, he became subrogated into all the rights of C as against D and therefore, if
D cannot pay T, T can foreclose on the mortgage of the house and lot.
C. T can foreclose on the mortgage but can recover only P1,500,000 from the proceeds.
D. T cannot foreclose on the mortgage but can recover only P1,500,000 as reimbursement from D up
to the extent that D was benefited by T's payment to C.
20. The mere liberality of the benefactor is the cause in
A. Onerous contract
B. Remunetory contract
C. Contract of pure beneficence
D. All of the above
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