Valentina orally promised to many Pedro as consequence of which the latter contracted the Manila Cathedral

as the venue of the marriage, the whole of the Fiesta Pavilion of the Manila Hotel the bridal gown to be made
by Pitoy Moreno, spending all in all about P1,000,000. On the date of the marriage, Valentina did not appear
Select one:
A. 
Pedro can legally compel Valentina to marry him
B. 
Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral
C. 
While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
D. 
Pedro can neither collect damages from Valentina nor compel her to marry him

The following are the requisites of mora solvendi, except

Select one:
A. 
Obligation was performed on its maturity date
B. 
Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
C. 
There is judicial or extrajudicial demand by the creditor
D. 
Failure of the debtor to comply with such demand

Delay or default on the part of the obligor to give is known as – 

Select one:
A. 

mora solvendi ex re

B. 

Mora solvendi

C. 

compensation morae
D. 

mora accipiendi

E. 

mora solvendi ex persona

It is that which binds or connects the parties to the obligation:

Select one:
A. 
Vinculum
B. 
Secundum
C. 
Passive subject
D. 
Prestation

A debtor may still be held liable for ·loss or damages even if it was caused by a fortuitous event in any of the
following instances, except:

Select one:
A. 
The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation
B. 
The thing to be delivered is generic
C. 
The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more persons who do
not have· the same interest
D. 
The debtor contributed to the loss

Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a contract is
exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred from the
fact that the beneficiary has enjoyed the same for a considerable period

Select one:
A. 

Statement I is true but statement II is false

B. 
Both statements are true
C. 

Statement I is false but statement II is true

D. 

Both statements are false

A to sell B his lot and house in the city if A decides to transfer and live, in the countryside” is an example
of Select one:
A. 

Resolutory condition

B. 

Potestative condition

C. 

Casual condition

D. 
Mixed condition
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC areSelect one:
A. 
Real in the part of O but personal in the part of SC
B. 

Both real

C. 
Both personal
D. 
Real on the part of S.C. but personal in the part of O

S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B offered to
buy from S the same house and lot by way of telegram for P10,000,000 also. B has received the offer of S and
S has also received the telegram of B. Is there a perfected contract of sale between S and B
Select one:
A. 
No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of offers
B. 
No, because the house and lot being an immovable to perfect the contract it must be in a public document
C. 
Correct answer not given
D. 
Yes, because the essential elements are all present, namely: consent, object and consideration

Statement 1: Responsibility arising from negligence or culpa in the performance of an obligation is

demandable. Culpa aquiliana is that fault or negligence which results from breach of contract.

Statement 2: Negligence signifies the idea of delay in the fulfillment of an obligation

Select one:
A. 
First statement is false; second statement is true
B. 
Both statements are false
C. 
Both statements are true
D. 
First statement is true; second statement is false
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the note to Aiko, Aiko assigned
the note to Bea; Bea assigned the note to Carmina, Carmina assigned the note to Helen, and Helen assigned it
back to Maila
Select one:
A. 
Maila's obligation is extinguished by confusion
B. 
Maila's obligation is not extinguished because the note is not negotiable
C. 
Maila's obligation is extinguished by condonation
D. 
Maila's obligation is extinguished by compensation

The following are all sources of contractual liability, except:

Select one:
A. 
Fraud
B. 
Mistake
C. 
Negligence
D. 

Contravention of the tenor of the obligation

E. 
Delay

Which of the following is not is not a mode of extinguishing an obligation?

Select one:
A. 

Quasi delict

B. 
Confusion
C. 
Loss of specific things
D. 
Condonation
When the debtor abandons or transfers all his properties to the creditors so that the creditors may sell the
properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. 
Remission
B. 
Dacion en pago
C. 
Tender of payment and consignation
D. 

Payment of cession

Three of the following statements are true.  Which one is false

Select one:
A. 
Not only the parties, but their heirs and assigns are bound by their contract
B. 
Generally, the debtor is not liable for the non-performance of his obligation due to fortuitous event
C. 
Obligations arising from contracts have the force of law between the contracting parties and must be complied
with in good faith
D. 
Fraud committed in the performance of an obligation gives the injured party the right to annul the contract

X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000 in the
bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing P20,000, lost
in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the age of 21 years, X
files an action for annulment which the court granted. Y was required to return the land to X and X was made
to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. 
P70,000
B. 
P30,000
C. 
P40,000
D. 
P80,000

Statement 1: Civil obligation is based not on positive law but based on equity and natural law. 

Statement 2: Natural obligation gives a right of action to compel their performance.

Select one:
A. 
Both statements are true
B. 
First statement is true; second statement is false
C. 
Both statements are false
D. 
First statement is false; second statement is true

Statement 1: Payment shall be made to the person in whose favor the obligation has been constituted, or his
successor in interest, or any person authorized to receive it.

Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the
debt shall not be valid

Select one:
A. 
First statement is true; second statement is false
B. 
First statement is false; second statement is true
C. 
Both statements are true
D. 
Both statements are false

Statement I. The law does not allow waiver of an action for future fraud.

Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike damages arising
from negligence especially if there is contributory negligence.

Select one:
A. 

Both statements are false

B. Both statements are true

C. 
Statement I is true but statement II is false

D. 
Statement I is false but statement II is true

D made a promise to give a ring to C. Before D could deliver a ring to C, C borrowed D's ring. After a week, D
demanded the return of the ring that he had lent to C. C refused to return the ring claiming that there was
compensation between his obligation to return the ring of D and D's obligation to give him a ring.. Based on
the foregoing facts, which of the following statements is incorrect?
Select one:
A. 
D may oppose the compensation being claimed by C
B. 
Only D may claim the compensation should C demand the delivery of a ring from him (D)
C. 
C is not entitled to claim compensation
D. 
C is entitled to claim compensation

In a general partnership, the creditor of a general partner may charge the interest of the indebted general
partner, the interest so charged may be redeemed with:
A. 
Only the separate property of any one or more of the general partners
B. 
Either, partnership property provided with the consent of all the partners whose interests are not so charged or
sold; or the separate property of any one or more of the general partners
C. 
Partnership property only
D. 
Both partnership property and separate property of the general partner cumulatively

Statement 1: Payment shall be made to the person in whose favor the obligation has been constituted, or his
successor in interest, or any person authorized to receive it.

Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the
debt shall not be valid

A. 
First statement is false; second statement is true
B. 
First statement is true; second statement is false
C. 
Both statements are true
D. 

Both statements are false

Statement 1: Payment made by the debtor to 3rdperson or wrong party are presumed for the benefit of the
creditor.

Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor of his right
to demand payment.

A. 
First statement is false; second statement is true
B. 
Both statements are true
C. 

Both statements are false

D. 
First statement is true; second statement is false.

A, B and C formed a partnership with the following as their contributions: A – P500,000.00, B –

P300,000.00 plus office equipment worth P150,000.00, and C – his services. The partnership contract is oral.
Therefore their contract of partnership is:
A. 
valid
B. 
unenforceable
C. 
void
D. 
rescissible

Statement 1. The conveyance of the whole interest of a partner in the partnership of itself dissolves the
partnership. 

Statement 2. The contractual liability of the partners to third persons is joint and subsidiary
A. 
Both are true
B. 
No. 1 is true; No. 2 is false
C. 
No. 1 is false; No. 2 is true
D. 
Both are false

S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and lot,
T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It turns out
now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
A. 
The contract is voidable because the consent given by B is anyway vitiated even if the intimidation was
employed by a third person
B. 
The issue of the contract being voidable is not relevant because B will not have the contract avoidable because
it is actually favorable to him
C. 
It is not B but S or T who can file the action for annulment
D. 
The contract is valid since it is very clear that S did not apply the intimidation

S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which to
decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot for
P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an action for
damages against S
A. 
B cannot recover damages from C because his option is without consideration as something paid or promised
B. 
B can recover damages from S because the latter violated the option given to the former
C. 
B can recover damages from S if B gave S option money which will result in a perfected contract of sale
D. 
Correct answer not indicated

A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The partnership
is engaged in the manufacture and export of garments. Due to a very strong typhoon, the entire roofing of the
factory was blown by the strong winds and if not repaired immediately would aggravate the damage. A, B, C
and D agreed on an additional contribution of P200,000 each in order to save the business from imminent loss.
Which of these is the correct statement?

A. 
If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in the
partnership to the other partners
B. 
D is duty bound to contribute 20% more of his time to the business of the partnership
C. 
B can question the decision because he did not vote for the additional contribution
D. 
If A no longer has money, he can be compelled to sell his interest in the partnership to the other partners

Statement 1: Payment made in good faith to any person in possession of the credit shall release the debtor.

Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales

A. 
First statement is true; second statement is false
B. 

Both statements are false

C. 
First statement is false; second statement is true
D. 
Both statements are true

1 st Statement: In a universal partnership where its nature is not specified, the presumption is that a universal
partnership of all profits only is formed. 

2nd statement: When the contribution to the partnership consists of personal property amounting to P1,000,000
and real property amounting to P20,000 and the contract is entered verbally, the partnership contract is void
A. 
1 st statement is false and 2nd statement is true
B. 
Both statements are true
C. 
Both statements are false
D. 
1 st statement is true and 2nd statement is false