4 CRC-ACE ‘The Professional CPA Review School ate 96 mien 0 873 Caen tar, argc nae Sasi eae cata { ut gy ove mat Dap ay Doe Oly YF on yt ai an nao Scans asian RRQULATORY TRALEMORK FOR BUSINESS TRANEACTIONS ‘ccrosen 2029 sarc FIRST PRE-DOMO BIQUIHATION qyyygpege py DULY 30, 2018, 12 000-2000 semen csi ae er oer ks a questions. mark only one anewor for j wetting “0 BUNDING €. Tf Atoy passes’ the BAR exams fh 2. Dante eves Danny 220,060 wich 6 the amount by mistata en Sow 6 a0ise snesianitg hus marteter sence wents to tecover the amount fe paid. in tris nator — 3 Dante con be tage to fecover on gcound of mistake 3B. dance can be ede 0 recover on the ground that his obligation 8 hot legally enforceable c. Dante can be made 0 recover Decauso this wil? gnexch Danny at oma peenee % 3. the following are requisites of a consensual contract exonet e ‘A. Cons 3) seliveny ° B 4, Which of the following contracts is not unentorceaple? Wh. That shexe both parties aye incapable of giusng consent Bithat entered inte ducing state of drunkenness €. thet which is cnzeved into the sane of ancther person by one whe hes been given no eathority or legal representation p. That which does not comply with the Statute of Frauds is 2 duty to C 5. 1% statement - Failure to aisclose facts, view re: feygal thom conotitutes fraud. 2" Statenent — Waiver of future fraud is voi ‘A. Both statenents ave false B. First false, second tue ©. Beth statements are true D. First true, second talse 1D & The expenses cf consignation when properly sade, shall be charged against the 7B. Parties ¢. obligor B. Government D. obligee | 52. This is understood to be that which must necessarily come, although it may not be known exactly when €. Condition 0. Passing the board exans‘CRC-ACE/RFOT: First Pre-boara Exam ~ October 2019 atch age 2015 8. If the condition 4€ potestative on the part of the: A.debtor but it ie resolurory, tho obligation so vatid. Bi debtor bet it is eveponoive, the obligation is valid: ©; creditor even i¢ it ts auspensive, the obligation is void. D. debtor, it is always void. = P a. A contzact of 1oan ss ‘LB formal contact ©. A selena contract BLA consensual contract D. A teal contuact 4 10. Which of the following is not conceet? ‘AiThe eftect of the conditional | ob concition has been suitiliogs shell fuitilinent of the conditions B. When “the obligation imposes reciproce! prestations pon the parties, the fruite and interests during the pendency’ of che Gendition shall be dened to have doen mutiaily conpensatee €. if the obligation ie unilateral, the debtor shel eppcopeiat the frvito and interest received unless ‘the. eature, ape circumstances of the obligation it should be infecred that the inteation of the pecsens constituting the sare vas dheferent D. In obligation to do or not to do, the caters shail etersine én each case, the retroactive effect of the concition that nas Been ’ Sonpites vita jation te give, once th fetreact to the day of the 6 12+ daboy, Eley and Aprilboy bound themselves to deliver the £100,000 worth’ norse Rened “Wakisig™ to Jay. How will Jay require the TpLtilinent of the obligation? AlProcasd against any” of tna deators with the other two just reimoursing the one who made the delivery ior their cespective chereo in the ebligetion B.Go after all of then. ©. Go after Daboy anc Eloy. D. Proceed against Eloy and Apritboy. [) 22. the alienation of the dobeor af a parsicular property in favor of his creditor, with tho latter's consent, fr the satisfaction of the ferner'a money obligatisn to the latter with the effect of ekeinguishing the said money obligation. cession en page B! Application of payment CL Consignation D. Rovation ff 13. (A offered to seit ner novse for 500,000 to 8. B could not make up Rae pled, ao che’ osled that she ‘he given’ 10 tayo to decide: A ioreed. After 3 days, A caised the price of the house to” PL ‘ Biirion, Assume that B decidec fo Duy the house the following ay, % Gan she’ compel Ato accept the 7500/000 price and. deliver 9.bet tha rouse? Jitos thore’ vas né acceptance of the original offer. : Byes. R°cannot change ner offer without the coneent of 8. J Eluks! hove vas already a peeteczes contract of sale, soo§lqe, becadse B agroed that A nay change her mind later on. don of the thing pledved must be placed in the hands of pomsias eee“ a C. Guarantor efi Bicnee 4 ica D. Pledgor a‘CRGACE/MPBT: Fie Predpord ams Octobe 2018 bteh age 36 PY MEX owe tes 09,0, anon tat on BY rok hats sth Share aS mare te at trope flat altel SE has” ED Sate fo tell tooMr. Onis property. hich of the following ststenente Ja apr correct? re Reet Ape Caneel ae tor sac of entonseen Be Sitios ine LSI Ss ie itn fl ss Y ean seek rescission of the fictitious contract. a D °S. 10 statement = ithoover pays for another's debt. may denand aptor shat he haa pasa SORENESS etatenent - The delivery to and acceptance by the creditor of = | Seetitice"santes's check “protcos ‘payne She ieee’ a. Et Scatemane se teas, 2 statement Se false B: Both statements are false, ion p17. Robert obliged himself co give to Romina nis brand new BM car Af the latter can move a circle that is at the same tine a square. Dithe ebligation ia inenforceable Decause the condition is snpoosible. Lm the ebligation ie void Pecause of the positive inoseible condition: Re cbligation de valid because the impossible condition is negative . the obligation is valid and enforceable. oszowss 7100/000, fran Be Aside fren, thet 8 Boise ‘ce che ican, B prepared a deed of sele with a right to Paver tase of the lend at a price Of P100,000 vnich A signed after B caeered chet auch docuvont’ evidenced their agreement. Whet is the proper legal renedy available to A? Reaction for reformation of instrument Bl Action for cescission of contract Gl Accion for annulment of contract biAstion for declaration of nullity of contract Dia. a an initerete, Rortvaged his land to seed a specific calculator to 8 oo that the! latter vill be Wd of one month without any rental payment. nY chrcunstance of this contract, how C1. a deliver dole to ase 1t for a perio fn cose of doubt in the incidental Shall it be intecproted? nal Jt Rail be interpreted in favor of greatest reciprocity of 4 interest, b. itvansll’ be interpreted in oveh a manner to make rhe contract nail and void. ‘.1e ohali be it Fights. b. it shall be interpre! interpreted in fevor of least transmission of ted in favor of thé beneficiary 5. " (. 20. A untiatere! promise to buy or to sell vhich wee not accepted by pie oftscee. This ‘produces no juridical effect and creates no legal fe bone: ee _h, Selieitation €. Polieitacion i | 8. Expronigaion D. belegecion sje:gee Be 2 |A, an insane sold his specific Laptop to # at a prise of 110,000. River cuteiniay mreweage of the contract, Cy a childhood tried of Ai fizea an action before the court for ennvinent of thw contract of Shigs Wast" peinedpie of conteact Lo yicloted by the ‘filing of ouch Be Witeoaasty of contract 6, uboraidey of conteser 5. Relativity of contract Di togatity of contract nay deposited vith Becky 1,000 sacks af ‘rice valued at 100,000. Rady however, 9 indebted to Becky for 100,000 nich is alveady Gee, unos Andy tried co withasew the sacks of rice, Becky refuses ESceliver, claining conpensation. Ts Becky correct? Be tes, both obliget ions are ove Bi yes, considering: thac the value of the cleo 1s equal to the anoint of Audy"s obligation ¢. Nor Eecause these was 0 stipulation allowing compensation Binoy Because Becky's oblicetion arose fren a contract of deposst Angel oves Baldo P1D,000. tater Angel pafd Saldo 77,000 leaving a Balance of 73,000. ‘Caloy, a suiter of Angel and intending to Sirprise Angel, paid alco che sun of ?10,000 thinking thes Angel Still owed Baldo that afount. Caley did this without hnowledge of Engel. which is noe corsect? ‘A. caioy can recover £10,000 from Angel 30 Goich San recover 7,000 cron aatce. EL SE1Gp Eammot recover’ anything Crom Angel 5 Caley can recover 3,000 from Ange? lana sves_suboy 19,000. ana proposed to Buboy that Celia vill pay Snare debe and. that. ane will be goleased from all liabilities Suncy ana celia agread to the proposal. Later, vhen Buboy tries to se fenm Petia. he Finds thet Celia ia insolvent, and it vas Seiver crue at the cine of elegecton, Colia vas net insolvent and Ee Nice insetvency is of public knowledge, Is Ana still Mable? Rives, secause there uae delegacion: Bikes) because there was novation. Cl vee, because the inieiztive came from Ane Dives, secause good faith is not a defense. A 25. sinesy 12 under cbLigation to deliver his tonters Se0zt cor te C 2. Bilay! aewewers before delivery ‘Tovey destroys tke car. nich of the Following 40 not corgect: A. vinboy's objigation 4s extinguished 3. Sinboy Ls allowed to recover fron Totey ©. kuboy has the right te being en action against Totoy Di dispay ts not oliged to give Suboy an equivalent value of the toy pronized to give his ca to Bitcy or nis motorcycle as @ Subscicute. Which of the followieg is correct: R sirey can choose to elect esther the car ex the motorcycle. BI if Atoy vill choose to give che motorcycle the obligation will cease to be facultative cif the car will be lost through a fortuitous event, the obligation will be extinguished. fhe lose of. deterioration of ‘the substitute wil Mabie alehough the cause of the ost is his fault or negligence. render AtoyD2 As #29 C22 First Precboad farms Octobe 2038 Bch pages of 15 sn she oh wnt tng Jecren pnng tn ins of en roman Coral Gee re oye SR uray SR mere C. Partly by the debtor and partly by the ere: a D. The creditor * & aise vioen the ositgor binds minselt to pay Nis oB1432Ci0n as seen at the Table =o, this spigatson ia with ° i. “Totestatsve parted ©. Botestatsve consitson 5) Suspenaive conaicion D. cesual condition liner is the creditor enettied to recover danages and Interest in agcition ro the penaity scipulated? T= anawer ~ When the dentor recuses to pay the penalty 74 aAnewer ~ When the cebter 1 guilty of fraud in the fulfit3neat St the ooligstion BL False, crue BD ‘Three (3) of the following contracte are void. wich 1s not? Ri contzace in weiting contomplating ane asking for impossible ‘authority given to an agent le of Land partnership. egceenent here immovable conersbuted. 5. Oral savtnersnip agreenent when capite! following contracts are not perfected until the delivery of the Seject of the obligations except c. Santer, 5 Cennodates Ay B, and € eelidarily ave X ang Y £30,009, X remitted the entire Saigecion in favor of A. The effect is: RPS GeTigacien te not extinguisnea uneil A collects Exon B end C Br EE Spiigceion do not yor extinguishes uncii Y is paid by x and 1's stare of Gxcona to the benefit of B and ¢ p. dean recover fron 8 ond ¢ their ceapective 2 mich of the following statements Is false? Bra period alwoys rofore to the fucure. Br Snedebror losses the right to the period if he does not give the Security he promised tc the crediter, c. tae condition not £0 do an inpossible thing does not render the obligation void. b. in alternative obligations tre rignz to select which of the Dlestetion shall be delivered belongs to the creditor, unless Sapressly given to the debtor. ‘the consequential damages suffered by the injured person and those fuffered by bis fanily cr third parson by reason of the act. A. Restitution(CAC.ACE/RFBT: First Pre-hoard Exams ~ October 2019 Batch Pages of 15 # A s9. consent in manifested by the meeting of che offer and he SEeepeence, upon the thing ard the couse vnich afe to" constivace the SEperoces when of ene following constitute an sites? Si edtee sale dont at eoeer 3) SSsereisenent tor eldest : €. Siiteataayoctisnent of ehinge for wate Ase, tn che execution of obitgations, Liability for malice or tad fain: Miaitends not andy tor Savoie inconded tat, ano Gat Gane soeeteen consegaences 3. Se'desanabic in eit cbligetiono but may be soncunced Ln advance. & Rgende ‘nly go"etounte intended 84 CEL SGurganempacy dna Si Gsland> co hatiel conequenoes. een Af they sneeel ete. aetenetw expectations. a Cox, einalation ef a contract may be absolute or relative. It de felative when: Ai The pareies do not intend to be bound at 912, 3) te sentract ie vase. C1 the parties conceal their true agreensat. D.dhe parties conceal their true intentions. C30. ‘the scipsletion in che contract to the effect that the debtor Should renain 2s a servant in the house and in che service of her Ereditor so long as she had not peid her debt iz veld becouse St ‘A. Conteary to good customs 8. contrary to pualtc policy b. Contrary to morals ff 38. The coligacion of the empioyer copay death Benefits and fonerel Guponsez for nie employee's death hile in the course of enploysent Govcanctacned by the Workmen's Cenpansation Act 1s one that arises Fron BL Conteacts D. Belicts $40. XY whe 18 4 minor and £ oe A, Bs Cp Ps P3C,00D, How much con A. coLlect trom x? A. P2, 500 only, 3. 720,900, A in turn has to give 25,000 each te B, C and D. 1 710,000, A in turn naz to give P2,$00 each te B, ¢ and DL 5 P5,000 only. 1, With cogard to the cight as to the fruits of the thing, which is A. if the oblig i obligation to deliver arises zon happens. Tf the obligation arises frem a contract of sale, the vendor has a right to the fruits of the thing fron the time the cbligation ~) to detiver arises. sion is subject te a euspensive condition, the he foment the condition “ cuz the obligation {8 subject to a suspensive period, the f obligation co deliver arises upon the expiration of the term oF period. mt css * peg vit eee; Da. AC ACE/REST: Fist Pre-hoard Exams October 2019 Batch Page 7 0f15, D.IE there is no condition of tex for ita fulfilinent, che Ghisgition to deliver arises from the pesfosrion of the conteact SF creation of the abligatson. A ang 8 exe Jointly Aebie to deliver o' particular car valued ot £260,000 to'c on duly 1, 2019.” Which Le correct? Ai The peeseation ie dndiviaibte maldng the liability of Rand B pelsdacys b. ie on July 1, 2019, 8 ie willing to deliver ene car bat 8 1s not, Say enforced the seligation against A. cud le’ Tiabie for a properciceate pare of the obligation and win bo Liable seo for damages If 8 15 not ready to comply with hie Seligation, even 1€ Ass willing to deliver the car. b. The iishiiiey of A and B is joint and thet damages ney be Reeseod only against the daotor uno violated the obligation, Which of the following is a valid stipulation: . Rrapple promises ro give Bobby 10,000 and if she fails, Aople vill Silow Bobby to hava her napsie prone b. Apple vill give Bobby 10,000, if Sohby vil: kill Cathy Clabes agreed to give Bobby 8 house and lot if Bobby will be her Seve bu hepie agreed to put poison on the food of manby’s wife, and if Buple fails, to pay Bobby donages worth P10,000 spe obligation to deliver azises: TH) gnsker ~ Fron the perfection of the cortract Sf there is-no aries ot concition, Ga Speser Tr there $3 4 verm or condition, then fron the monent the term arrives oF the condition heppens. Br Both stacenants are raise Se Buu 9 B) First false, second true b. First exw cose to, 2. Haney promised to give nis son a car if the son will fot norty flertya thie year. If by the ond of the year, Herlyn is Giieady dead of the gor hae not married derlyn, the obligation to Give a car is effective and denendable. fase No. 2. Heny promised to cive hie son a car if the son will norey Horlyn refore the end of 2017. If on January 1, 2018, the son fas not yet married Herlyn, or Herlyn has died, che obligation is ‘extinguished A. Both statonante are fal ©. Beth statements are true 3. Fixer f2lse, second true D. Firet true, second false Boy owes Bing to debts, both of which are already due. The first Gost 12 secured by registeres chattel mortgaged constituted over a far belonging te Boy and the second is not. Boy telle Bing that the paywent he 18 now faking should be applisd to the second debt Snetead of the first, which is correct? X, Bing cannot refuse the application if the first debt is older than the second 1B. Bing may refuse such application on the ground that the first seb: is more burdensone to the dabtor C. Bing may refuse such application because the payment shall be applied proportionately 1, Bing cannot refuse the application because the praference of the | debtox must, be followed‘cresce/neer: Fst Fretboard bains~ October 2019 Batch Page Bof as B 0. 1 stacenont — tn novation by may of expeoniasion, these a revival de Ghe"Sriginaa debeor'e onligatien sf the new debtor's ineolvency Know to the oeiginal dobar end also kone to the pablic~ = “Jeatenert~ innovation by vay of celegacion, “there may be fevival of the original debtor’ ebLigation Le the new aebeor ie [Stoloane at che tine of Gelegicion and such insolvency is known £9 the puslic even Af not known ‘vo the original cantor Resour atatenents are false “eo hotm seatanents are cous By inst false, ‘second true D. etzse' ervey secone false fl #8. A, m and © executed a prontosory note binding themselves to say Ps doo"s Sy fonda “solidasy ceediters. ‘he note 43 ow due and denancabie” "Can the creditors ‘proceed egainst. A alone for the faymone of the entize debs, Noy each creditor can coltect ony £3,000 ftom a. Yes, either t, ¥ OF 2 can collect 79,000 from A. Nor eacn ereaitor can coltect only i, 000 fren A. Yei,"“since ‘the promiscory note 1s silent with respect to the Nokes of the Greaiters: ‘the obligation "ss" presuies “so De selsaacy, p49. A creditor, through a contractual arrangenent nade with Mx. Pele Dtang, ss fo receive the rentals of the Ar. Pale Ucang’s apartment houses in Quezon Caty sith the obligation to apply then te the | paynent of the interest and tnereareer co the principal of his Eredie. This contract ia 2 valid 3. Pledge cc. Mocegage Anticnrease D $0, Atoy uses a savings account with a bank. The contract between Atoy Gnd the bank is one of Agency 8. Connodatun Cc. Deposit . DL Mutou B 51. 1 statenent ~ polo incidente entitles the person against when it Was enployes the right to seek the ennulment of the contract 3c fraud is one of the vices of consent. 2! Statement - A stipslation pour autrul is one of the exceptions. to the rule on relatively of contracts ‘B. Both etatonante aro false C. Both statements are true B. first false, second true DL First true, second false B52. Bhonamar, 16 years old, sold to Pauline, 17 years ols, a diamond Hing without the consent of their parents or guardians in a public Instrument. The contract is: a. Void c. vali 4B. unentorceable D. Rescissible . f) 53. sukroy promised to give nis Toyota Altis car with plate no. ARK Ill to Bosye. Before actual delivery but after Bosyo denanced for the same, the car was lost through an accidental fice. Which of the \ following is correct: A. Butaoy's obligation to give his car to aosyo is extinguished witnout any liability at all. p. Boayo is not altoved to recover fron A. Ec posyo has ne right te bring an action against A because the cause of the Jost isa fortuitous event be puknoy is obliged to give Bosyo an equivalent value of the cer i et| ERCACE/RPBT: Fst Pr-beard Exams Oster 2919 Batch D $4. wich of tne tottowing is not an elenent of teyat compensation: D ss B se. ce A se. Debis co be conpensaved ‘are cue and denandail There Ta ‘no controversy ae adverts. Claim avoe ony debte to compensated. aie “ Shete" ate tuo or Roce debts of the sane Kind. The ceoaiters and’ debtors sue ont and the sate person ich of the following starenants Se consest? hu! contracts ave pertectea by save cassent 8. ALL Soneracts are fertected oy Goliusry of the ebjest. ¢. ALl contracts are required to be in writing me 8: ALL Soneracts ere sequites £0 have™a Yelle consiseratson LW oratenent ~The receipt of a later installment of a debt witout Eeservetion a3 to prior installments, shall give rise tos Conclusive presumption that ouch instelisents have ween pail, 26'statenent ~ Im coosicn en pace what so being tranaferced Lo the universality of the vebtor's property, seve, teue ©. Tae, false Bi Falsé, trae bi False, false Atoy ds obliged to give Bitoy, at Bltoy’s option his Iphone % nis Ipad ex his laptop. If all objects wore lost thew Atoy"s fault, which se cozcect? Bethe value of the first thing lost plus dowages must be given to Bitoy B. The value of the lest ching lost plus danages must be given to Bitoy €. The value of any of the Bitoy’s choice plus danages mast be given to Bitoy In the absence of en ocreenent to the contcery What shall be the Basis of payment of an obligation in case there should supervene, an extiaorainery inflation of deflation of the currency stisuleved? Ai the value of the currency at the tine of the establishnent of the obligation. ‘Te Vilue Of the currency at the due date of the obligation The valne of the curreney shall pe Tixed by courte. The value of the currency enall be determined by an expert fren, the Cental Bane $9 A contract de presumed to have Been entered into in the place where the 2D: Payment wes nade ©. Performance was made 8 offer was nade DL Acceptance was made 4 fore acceptance is conveyed, an offer becomes ineffective upen the westh, civil interdiction, inganity or incelvency of (XE give and you give ‘A. Either party 8. the offeror Cl the ortersa D. Both the offeror and offorce Bo ue rcias” means: ©. give and you do D, Ido and you doacacia: i rete ane cher 208 atch rage 100835, 2. men 0 condseson has heen inpored with rhe srtention of suspending c the efficuey of an obligation to give, which of the following shell See abet tce7 oF des parctca’ ce tek cousraeae sete Saha nina’ oterioretesr the inpstiment 48 co be borne by a. iPTehe"thleg 12 oat, ene obligation sneLd be extingatsned 2: TE EPS thing ie Sepcored by sacarer or by tine, the Amprovenent Mall anuse to the bonctis O€ the ceedisot o. Wteie' thing ‘periahes, or gous cut’ of comerce, disappeass in reais ‘tay’ thac ite’ onistence da minors of fe cannes be = Wleted"the dsstor shall be coliged £0 pay demases By 65. n vortowed £100,000 fron B. Tho loan vas socured by a mortease of Re fala‘ in' favor of B. Witheut the bnowledge of &, C paid 8 the sum of 7100,000 for Aa dobe. Re a result 1) latnoe claim reinbarsenent fram A ingomach as the paynant was fade without the hnowledge of 7 b. O' 5 “entitled co gee reimbuccanant fron K but did not acquire Ene right to foreclose the mortgage ¢. fhe Gbtigation of & to 5 ues extinguished and A chould reimpurse - E'the enouat of £100,000 otherwiee © can foreclose the mortgage b. € can yecover ‘the enount from A because there is legat subregetion At 64, “1 witt begin supporting you from the time your father dies is an exaiole of an obligation wath: th. Saspensive period e. Suspeneive condixion BL Resolutory pesiog BL Resotucory conateion C 65. wea curing o fice, A saved the propertice of @ without the Letter! consent of ‘knowledge, Bo ia bound to pay A just Eenpensacion under che yeinelpie of. a. Guasimdelict C. Quesi-contract BL Negceiorun Gestio BL Solutio inaebie D «. the obligation inposes reciprocal prestations upon the parties, fits afd snteraats aureeg the pencency o: the conGition sh fe gelong te the exeditor 1 Beieng te the dente Cl be determined By the courte Bl ke decsed to have Buca mutually conpensates C or. ernest donated @ mebile phone worth £12,600 to Homer oratly and Aelivered the unit to Hone vio accepted. Which statement 43 the Rost pemusaten ne ‘dunailen to Bl Vaid but Ernest cannot get the mobile phene back El Voi and Exnest may get the rabile phone back D. Voldable and maybe annulled (08. the foloving are Ene requisites of forcuitost event, except the event 18 unforesweable/uravoiaable Bl Cause 19 independent of the wil! of tre debtor €, Debtor conteiputed to the uggravaticn of the injury to the creditor bp. Scgurrence renders it absolutely impossiple for the debtor to SuitIL hie ebligation :9 cormal panne, impossibility must be TDiheexiae not force majeure | |Ree: Frc re-doard Exam — October 2019 Batch Page 11 of 15 (D>: bens Folisino and tito wound themselves seliserily fo pay Meet ne Berea GE P5000. Suppose Ben paic the cbligation, what 1s nis right Sovagainet his co-aeneors? Ben cen ‘ni Sue for rescission 9) claim a retuna from Abeth “ ©. Sue Felieino ana Tito fos dasoges Si ask fer reimbursement fron Eelieino and Tito Cc» | Maren and Nina are solidacy debtors under + oan obliation of aay Karen 100 ar sellen duc. The creditor has, Revever, conde £300,000 water Share in the debt. Since Hina his Decone Lnoclvent, Karen's cneieiiee a dumand on Ane to pey the debt. How much, Af envy ay Atta be conpelled £0 pay? ’A- #100, 000) cc. 2200,080 . susodeo, 1B, P300,000 B73. a borrowed £2,000,000 fron B and C vRo acted, solidary creditors. A borrowed Fi sgacared, B wrote 2 letter Co 8 denmnding payment, of The seeongig. Before A could comply, © went, to see. hin 1Y £0, MPs name paid hin. Did A nake @ valid paynent? ssonsity Fee A should have split the payment Detween B and © Ae Nov since jaca other solidasy exeditor, already made @ prior Genand for payment from A aemeeg ESE Ene payrent covers the whoie obligation G: Tesy since SM PNae a solidary creditor, payment to hia petinguishes the obligation B72. a, a minoes ® and © nuote, and stones 2 pronlassny Mere nich states a pinot Bard & tagr00." Ar the maturity date of the note, Rov nie Se, Bay Conic fron © AEB hermes insolvent? 119,¢00 620,000 20,000 , P15, C00 te donieiled in Lipa City, has en obligation to deliver @ 2018 ore UGS portuner to B, who is domiciled in patangas City. Lea, baition Bition Bleck fortuner is located in Tanauan City st the a 2018 I0, Taction of obligation vnile another 2018 Led. Edition soe S" ocated in Tagaytay City at the agreed delivery M inare shall the ca be delivered by A to 8? capa City %.tanavan city i Satangas City 5, Tagaytay City D cea, 2 ane © wrote and signed 9 promissory note, which states “85 Boa seo Gay D and E 660,000." AE the maturity date of the note, D promise [86 PAY Gne promissory note to A. Hey much obligation is srserse ished and by what nose of extinguishment of obligation? ‘h. 220,000 by confusion - 730,000 by remission ¥ 1B, P€0,000 BY compensation 5, £10,000 by necger asc nag an obligation to deliver a specific celiphone to ® but § at ST saprop aay be substituted in leu of the specific celipnone. = areca the eight of choice in thie type of obligation? 5 me Pilntess there i# stipulation to the contrary » POD URleSs there is stipulation to the contraryC12. mere being no express stipulation and (RG ACE/RFBT: Fist Presbeard Exam — October 20:9 Batch Page 2 of 15 2 75. wnat is, ne prescriptive period of the right to fie an action based Re i0 years 3 6 years J 17% deliveced 71,000 cash top as a contract of coposit which latter thought ‘co bee contract of Joan. tat tothe popes tesel ronady on the pert of the injured party? Be Ee see ‘Xr Betion for feforastion af tnstranene B. Retion for rescission of contiecr ©. hetion for annalnene of contreet D, Action for declaration of nullity of contrice 1 § yoare D4 jones B 78 & sold in weiting an authentic Guect Handbag at a price of £10,000 to D. At the ‘tine or delivery or the bag, A delivered « comterte!ted Guccl Handbag to B with a prsea of P7/400 only. What se cho proper legal _renedy on the part of 8? ‘A Action for vesciseion of resciseible centract by re lesion of mare than 4 the value of the suttentic beg . Action for danagos for breach of contract by zees0n of freed in the performance of contact ©. Retion for annulaent’ of voidable contract by reason of dole D. Action for declaration of nullity of contract by reason of Allegality of contract n of C 79-8 rented the specific truck of 8. After the end of the contract, 5 sold the property to 3. As 9 result of sele, B continues to have possession Of the property, whet tye of cofscructive derivery 1s A. Praditio claviua 6 flong2 manu ©. Tesastio brevi rans D, Tragizio constitutun poseessorim J) 0. % B ond ¢ axe solidary debtors of W and ¥, Joint creditors for Plz,000" here the shore of the cebtore in she ebligation se. 2:9) while the share of the creditors is 1:2, If A ie incolvent, vaich of the following 4s cotreet? ‘Re can collect fren 8 P3,200 B. ¥ ean collect from ¢ P6,400 kor Year collect tran’ and ¢ #32,000 ‘Yocan collact fren esther # 9" C FB, 000 Cot A ® and ¢ ace solidarity cresitors of 9 sn che amount of Phpt5, 000,00. C demanded paynent fron D. after the denand for payment by C, Din ofcer to extinguish the obligation say pay te: 2. A only Bogcnly C.Comy 9. To either Ror B the undertaking is to deliver a determinate thing the paynent shail be mage. A. At the domicile of the debtor BLAt the domicile of the creditor Clihenever the thing might be at the morert te obligation was const ivuted b. Wherever the thing might be at the norent the obligation is to be fulfilled wherever“cRe-ACE/RFOT Fre Pre-board Exar ~ October 2019 Batch Page 13 0f 15 3. The sources of Liability for canages exe the following except: RL Fraud, ple iiene es Oeley “Be Cuasl ~ delice C84, met sotd to cdy her cox and promised to deliver the car oo say oo meh sold to er son damvety 15, 2018 Mel sold the sane car to TANUATY Ber aciately possesced the car. As of Februsry $, 2018, Jay has not received the cor from Ho}, ae Sey Gan'cancel the contract of sale between, wel ond Patzic ry ea Cee Sbntrace of sale between him and Mel wes perfected fre! B.Mel cannot be considered in delay-becsuse © from Jay! 0 ey candy in dolay, even if there was 90 demand fron Jay end Dee shell be Liable for danagess vas no demand yer beet BUS eselessbie of Gamage coused to 247 D es. a, wand € bound thensetves to delives to % a, specitic car vorth f2¥e | Suet eSTthS foute. of Ay the car was lost. Tn sbis case \ oe the at eas toon any one of the enree For Dit ! Xan elat oamegee taps lity pecause the cbbigation 24 SEATED eon a che note aneunt of camaoes otter than Jive ne the / | ents SEE Sthcaey vtaninicies for donages, x can claim she Sere ea any of tne eve 5 tne feem ny of An" erTganages alchough 2 and ¢ are table for Only ts nocetne snares am tne obligation 06.0 cbtaines » toan fron € payable on of peters Desenies 38, 20:4 Mauch of the following stacererts is correct? ee cin oniy ray the obligation on Decenber 21, 2928. 352 S55 dantne payment. fron D on of before Decerper 32, 20291 2S SEn danana payment from Deven before Decenber 21, 21 515 cen pay before Decenber 21, 2018; B07. pout tne gnby cae of, 9 on reprua Gallvcr ie to € oa Apel 30, 2018. They GiNetytwpere fs the place of delivery? 3. Donietie of the debtor Bo here the eae Ss on February 25, 2019 : Er thoce the sae Sa on April 30, 2619 5: Domicile of the creditor 15, 2019 and 2 agreed to | @ not agree on the place of me following debts cannot be compensated, excert: ‘a. Contract arising fron contract of depositun. BL conteact arising fron contract of come 4 ©, Contract arising fron contract of support. ‘ Di Contvact arieing from contract mutuun 0 #0. we. chua sold iis horse for £100,000 te Me. Ng. There was ro fixed siee uot. tne peetornance of the cbligations of Bock parties. The tion of Re. crus as vendor 8: pra eestind the conteact becouse fo tine or date is fixed for the perfomance of thels respective obligatisns. -Bo'dotivec che hocee a5 this 1s a perfected contract.‘PC ACL/AFOT Fst Pre board Exam Octobe 2019 Bich Pages4otas C90. C 5s. Bort obliged hinself to deliver to Bong the fellouing: 31 @17017 model Mitaunteni Pajere car colored matallic silver 2} fas mobile puone Fieat statonont. ~ ‘Bert is cbliged to exercise diligence in noth Second statenant - Goth obligations may e fulfilled at the expense of Bert. B. 1% statement “false, 2 statement true i goen ‘ststenente are fase DL Both stetenents are true Judiel ¢ minor, represented by her legal guardian, entered inte a contract cf sale with Angela vo 15 only 26 years Old. ‘the contract Be yok c. Yoidebte B. Unentorceatie BI Resctesibie Which of the folleving Lo not ground fer annulment of contzect? 8. Theapacity to give consent 01 vitiated consent Fy stipolacion whereby the creditor sutonatieaiiy omnes the ownee of thet dein puedged or worteaged upon the tter's defacto the pean of Sts Setige ion is Satie 3 Coovesetonal Sedeapeion j D. Pactun commissoriun | vias, guardian of Noes cold ora’s hoase and let worth f2M for PIM Ae eosalt A. The contract can be rescinded because of inadequacy of peice El the ‘senerser cannot be rescinded because there to "no. feud ©. The contract cannot be rescinded because all the elenente of ecotract are proaun! The contract aarnet be rescinded because it ip expeaeely provided by iow as one oF Lie conteacrs that cannot De teessnded. Which of the felleving is corzect? Ar tha nullity of the penvlty clause cottiee with it thot of the principal ebligatscn: B. the creditor is entitled enly to the penalty and cennot demand for additional danages alshough thece is refusal to pay onthe part of the debtor o1 fraud in the performance of the ebligation ©. Proof of actual danaces suffered by the creditor 48 not necessary ap order that tne penalty nay be denanges . The penalty may not be equitaoly reduced by the courte. A renedy in equity by means of which a veitten instrument is made of construed #0 a# C0 express or contizn the real invenvacn of the parties whan sone error of mistake is committed. 7 Ratification C. Canceltation D. ReformationFit Precboard Exam —Octeber 2019 Batch age 15 0f 35 No? which of the following obligations is due and denandeble? ‘Obligation with a suspensive condition B. Oeligaeion dn Sem 2 Obligation ex ae D, Oolication payable es soon ae possible [38+ George secured and Randy granted a loan of PIM due on Decenper 91, Sols: George executed a fist mortgage of his residential nouse in Tavor of Randy te guarantes the loan. On August 18, 2018 the house sae orale ectzcyed by an eecidental fire. On August 32, 2028, Bandy denansed payment of the loan, Ts the cenand valid? Ris. The obiigacion 42 one with a definite date for paynent TRL CRNSEE*SE ‘the Sbligation was lost through a forcuitous Sad the obligation was extinguished. SNS US Sacion becane due at once because the guaranty was feet hrough a forcultous events po taSe “ERS Meligecion becane due at once because from the "tenor verse Pee Reales: is given the right to devand performance gues hefore the due date stipulated. ¢ pertection of the contract of sale, she fruits pertain t e. vonase D, ObIigor B 100. on zune 6, 2018 gudiel orally sold to A} 4 certain gadio for PS00. This kind o£ contract is: hy Rescissible 8) Cnentorceable c. vordeple Bi Nalis