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14. Culpa aquiliana as distinguished from 21. Liability for damages arising from fraud is
culpa contractual: demandable and there can be a waiver of
a. Proof of due diligence in the selection an action for past fraud.
and supervision of employees is not There can be a waiver of an action for
considered a defense. future negligence but not fraud.
b. Proof of the contract and its breach is a. Both statements are false
sufficient to warrant recovery.
c. The negligence of the defendant is b. Both are true
c. First is true, second is false
only an incident in the performance of
d. Second is true, first is false
the obligation.
d. The source of liability is the negligent 22. Delia borrowed from Celia a sum of money
act of the person causing damage to with a stipulated rate of interest to be paid
another. in three equal monthly installments from
January to March. Delia paid an amount for
15. S1: When one of the parties has brought
which the latter issue a receipt stating
an action to enforce the contract, he
that the payment is for the month of
cannot subsequently ask for its
February. In this case,
reformation.
a. The installment for the month of March
S2: The injured party may seek rescission
is also considered paid.
even after he has chosen the fulfillment of
b. The installment for the month of
the obligation if the latter should become
January is conclusively presumed to
impossible.
have been paid.
a. True; true b. true;false
c. The installment for the month of
c. false;false d. false;true
January is distributably presumed paid.
16. S1: An oral sale of land made by its owner d. The installment for the month of
is unenforceable. January is not presumed paid.
S2: Sale of land made by an agent without
23. A obliged himself to deliver the cans of
written authority from owner thereof is
powdered milk of B from his warehouse in
void.
a. False;false b. false;true Pangasinan to Manila. While his truck was
c. true;true d. true;false traveling on the North expressway, it was
hi-jacked by a band of robber who also
17. S1:The principle of autonomy of contracts took the cans of milk belonging to B. Is A
means that the contracting parties as a liable for the loss of the goods?
rule may agree upon any stipulation, a. No, because they were generic things
clause, term and condition. and as they cannot be lost.
S2: Relativity of contracts means that b. Yes, because he was in possession of
contracts take effect not only between the the same at the time of the loss and
parties but also their heirs and assigns. therefore presumed at fault.
a. False;false b. true;true c. Yes, because there was no stipulation
c. false;true d. true;false exempting him from loss in case of
fortuitous event.
18. It is an obligation which is based on d. No, because the loss was due to
positive law and gives right to enforce its fortuitous event.
performance
a. Natural obligation 24. A, B and C bound themselves to deliver to
c. Moral obligation X a specific car worth P3M. Due to the
b. Civil obligation fault of A, the car was lost. In this case
d. legal obligation a. X can claim damages from any one of
the three for his proportionate part of
19. Which of the following is demand
liability because the obligation is
necessary to make the debtor in delay in
indivisible.
the performance of his obligation?
b. X can claim only from A the whole
a. When the time of performance is of the
amount of damages other than the
essence
b. When the time of performance has value of the car.
c. Since it is solidary liabilities for
been stipulated
c. When the law so provides damages, X can claim the same from
d. When demand would be useless any of the three.
d. Only A is liable for damages although B
20. Liability for damages in the performance and C are liable for their respective
of an obligation arises from the following, shares in the obligation.
except
25. Dennis owes Cart P1M. Xanabelle, without 30. A defective contract where damage or
the knowledge or against the will of lesion is essential is
Dennis paid Cart P2M. Can Xanabelle get a. Rescissible c.
reimbursement from Dennis? Unenforceable
a. P2M by way of reimbursement from b. Voidable d. Void
Dennis to prevent unjust enrichment
31. A defective contract because it is entered
on the part of Dennis at the expense of
into in the name of another without or in
Xanabelle.
b. P1M only for that is the extent of excess of authority, or it is verbal is
a. Unenforceable c. Void
benefit of Dennis.
b. Voidable d.
c. No reimbursement because the
Rescissible
payment was not proper being without
the knowledge or against the will of 32. The following even if not in public
Dennis. instrument are valid, binding and
d. P1M plus interest from the time of
enforceable except
payment until reimbursement. a. Negotiable instruments
b. Sale of land, either by the owner or
26. Payment made by a third person is valid to
agent with written authority
extinguish the obligation of the debtor to c. Agency, pledge, mortgage
the creditor in the following cases, except d. Partnership contract wherein
a. After payment to the creditor, the third immovables are contributed
person acquires the creditor’s right
b. When the creditor ratifies the payment 33. Aguilar sold to Beddie his dog with the
to the third person agreement that delivery shall be after one
c. When through the creditor’s conduct, week from sale and the payment of the
the debtor was led to believe that the price after two weeks from delivery. If the
third person had authority to receive dog shall produce offspring, it shall belong
payment to:
d. When the third person is subrogated to a. If produced before the sale, it shall
the rights of the creditor. pertain to the seller
b. If the puppy shall exist before the
27. Sister offered his car to Brother for P1M
actual delivery, it shall pertain to the
and giving the latter one week to decide.
seller
Brother in turn gave Sister P1,000. In this c. The fruits that shall exist after delivery
case, there is will only be the ones to pertain to the
a. Contract of sale of the car with the
buyer
P1,000 as earnest money d. The fruits after the sale but before
b. Contract of option with the P1,000 as
delivery shall pertain to the buyer if so
option money
stipulated by the parties to the sale
c. Contract to sell of the car at B’s option
d. Contract to sell of the car at S’s option
34. A sold B’s car in B’s name to C without any
28. Anmony advertised in the newspaper his authority from B. The contract of sale is
a. Rescissible b. Voidable
parcel of land wanting to sell the same for
P1M. Boy personally went to the former c. Unenforceable d. Void
with cash in hand to buy the subject
parcel of land. In this case, 35. With written authority from his principal,
a. Anmony cannot anymore reject Boy as the agent sold verbally the land of the
buyer of his land principal. The sale is
b. Anmony can still reject Boy as an a. Rescissible b. voidable
offered in the purchase of land c. unenforceable d. Void
c. Anmony can reject the offer of Boy
unless he properly consigns with the 36. A, as agent of P with oral authority, sold
court his payment for the land P’s land in public instrument. The sale is
d. Anmony cannot evade his obligation as a. Rescissible b. voidable
seller to Boy c. unenforceable d. Void
29. The contract entered into by the persons 37. A, agent of P, in excess of authority,
who cannot give consent is entered into a contract in the name of P
a. Void ab initio because actually there is with X who knew of the lack of authority
no consent and P did not ratify the contract. The
b. Unenforceable only because the contract is
contract may be ratified a. Rescissible b. voidable
c. Rescissible because of the damage c. unenforceable d. Void
caused to the person incapacitated
d. Voidable as there is consent although 38. S sold his car to B. No agreement was
vitiated or defective made on the time and place of delivery
and payment. Hence
a. The time and place of delivery shall be c. The negligence of the defendant is
at the time and place of payment of merely an incident in the performance
the price of the obligation
b. The time and place of delivery and d. The source of liability is the
payment not having been agreed defendant’s negligent act or omission
upon, the sale shall be void itself
c. The seller may demand payment first
before delivery of the thing sold 44. A passenger on a truck was hurt but in a
d. The buyer may demand delivery first criminal case against the driver, said
before payment driver was acquitted. The victim now sues
the owner of the truck for culpa
39. A owes B P20,000 which became due and contractual. May the suit still prosper?
payable last June 23, 2010. On that date, a. No, this will constitute double jeopardy
A offered B P10,000, the only money he b. No, the acquittal means that the guilt
then had, but B refused to accept the of the accused was not proven by
payment. A, thereafter met C, B’s 23 year proof beyond reasonable doubt
old son, to whom he gave the P10,000 c. Yes, it is sufficient for him to prove the
with the request that he turn the money existence of the contract of carriage
over to B. The money was stolen while C’s and the injuries suffered
possession. How much may B still recover d. Yes, provided he can prove the
from A? negligence of the driver
a. P20,000 c. P15,000
b. P10,000 d. P -0- 45. If the obligor binds himself to perform his
obligation “ as soon as he shall have
40. If a third person pays an obligation. What obtained a loan” from a certain bank. This
are the rights, which are available to him if obligation is
he pays the obligation with the knowledge a. With a term
and consent of the debtor? b. with a period
1st answer – He can recover from the c. With a suspensive condition
d. with a resolutory condition
debtor the entire amount, which he has
paid. 46. An action to impugn the acts of a debtor
2nd answer – He subrogated to all of the
intended to defraud the creditor is
rights of the creditor. a. Accion reivindicatoria
a. Both answers are correct. b. accion redhibitoria
c. Accion subrogatoria
b. Both answers are wrong. d. accion pauliana
c. Only the first is correct.
d. Only the second is correct. 47. A owes B P11,000 due on July 2, 2010. B
owes A P6,000 due on July 3, 2010 and
41. Indivisibility as distinguished from P4,000 due on July 10, 2010. B owes C
solidarity. P11,000 due on July 3, 2010. On July 2,
a. Plurality of subject is indivisible.
2010 B cannot pay C so B assigns to C her
b. When the obligation is converted into
credit of P11,000 against A, without the
one of indemnity for damages because
knowledge of A. On July 10, 2010 C tries to
of breach, the character of the
collect from A the P11,000. How much can
obligation remains.
c. Refers to the legal tie or vinculum. C compel A to pay?
d. Refers to the prestation which a. P11,000 c. P5,000
b. P9,000 d. P1,000
constitutes the object of the obligation.
48. If the obligation of the debtor is “I will pay
42. Demand is not needed to put the debtor in
you my debt after I have arrived from
default, except
a. When demand would be useless abroad.” The obligation is
b. When the parties so stipulate a. Valid c. voidable
c. When the time is of the essence b. Void d. unenforceable
d. When the fixing of the time is the
49. There is novation of the obligation if
controlling motive for the
1. The period for payment is shortened
establishment of the contract
from 5 years to 3 years.
2. The period for payment is extended
43. Culpa aquiliana as distinguished from
form 3 years to 5 years.
culpa contractual
a. True; true b. true;false
a. Proof of due diligence in the selection
c. false;true d. false;false
and supervision of employees is not
available as a defense 50. This is a real defense
b. Proof of the contract and of its breach a. Fraud is inducement
is sufficient prima facie to warrant b. Want of delivery of an incomplete
recovery instrument
c. Want of consideration
d. Duress in the absence of physical 57. The meeting of minds manifests consent
pressure after the acceptance upon the thing and
the cause which are to constitute the
51. This contract is without effect unless contract. Which of the following constitute
ratified a definite offer?
a. Marriage between first degree cousin a. An offer made through an agent.
b. Contract of sale between a guardian b. Business advertisements of things for
and his ward sale.
c. Contract of sale between two insane c. Advertisements for bidders.
persons d. None of the above.
d. Donation between husband and wife
58. S1: If the cause is not stated in the
52. Dacion en pago as distinguished from sale contract it is presumed that it is lawful.
a. The cause is the price S2: The action for rescission in subsidiary;
b. The object exists and is specific
it cannot be instituted except when there
c. There is no pre-existing obligation
d. There is a greater degree of freedom in is no other legal means to obtain
fixing the price reparation for damages suffered.
a. Both are true c.
53. A contract as a rule must be in writing to
st
Only 1 is true
be valid. b. Both are false d.
A taxpayer is not entitled to interest in the
st
Only 1 if false
overpayment of tax subject of a refund
59. Simon offers to sell his house to Pedro for
because an obligation derived from law is
P200,000. Pedro asks him if he would
not presumed.
accept P185,000.
a. Both statement is/are true 1st: Because of ambiguity, both offers are
terminated by operation of law.
b. First is false, second is true 2nd: Pedro’s response is a more inquiry, the
c. Both are false
P200,000 offer by Simon is still in force.
d. Second is false, first is true
a. True;true b. true;false
c. false;true d. false;false
54. S1: As a general rule, the extrajudicial
expenses required by the payment shall 60. Debtor’s fault in real obligation is called
be for the account of the creditor. a. Mora accipiendi
S2: If there is no stipulation and the thing b. Mora solvendi ex-re
to be delivered is specific, the place of c. Mora solvendi ex-persona
payment shall be the domicile of the d. Compensation-morae
debtor.
a. True;true b. true;false 61. ) In order to amend the corporate by-laws,
c. false;true d. false;false what vote is required to happen?
55. S1: Consignation without tender of a.) 2/3 votes of the Board of Directors and
payment is sufficient if two or more 2/3 votes of the outstanding capital
persons claim the same right to collect. stockanding capital stock b) Majority
S2: When the debt of a thing certain votes of the Board of Directors and 2/3
proceeds from a criminal offense, the votes of the outstanding capital stock c)
debtor shall be exempted from the 2/3 votes of the Board of Directors and
payment of the price of the thing is lost majority vote
b.) Majority votes of the Board of
through a fortuitous event.
Directors and majority votes of the
a. Both statements are true.
outstanding capital stock
b. Both statements are false.
c. S1 is true; S2 is false.
d. S1 is false; S2 is true. c.) 2/3 votes of the Board of Directors and
majority votes of the outstanding capital
56. S1: The party may recover, if public stock
interest will be subserved, money or
property delivered by him for an illegal d.) Majority votes of the Board of Directors
and 2/3 votes of the outstanding capital
purpose, provided that he repudiates the
stock
contract before the purpose has been
accomplished. 62.) Ondoy pledged his motor bike to Peping for
S2: If an illegal contract constitute a P5,000.00. When Ondoy failed to pay his
criminal offense and both parties are obligation, Peping sold the motor bike at public
guilty, both shall be criminally prosecuted auction to the highest bidder for P4,000.00.
but they may keep the object of the Therefore:
contract.
a. True;true b. true;false a.) Peping can recover P1,000.00 from Ondoy if
c. false;false d. false;true it is stipulated
b.) Peping cannot recover P1,000.00 from
Ondoy even if there is stipulation
c.) Peping can recover P1,000.00 from Ondoy 67. Dan mortgaged his house and lot to Casey to
even without stipulation secure his loan amounting to P1M. It is stipulated
that Dan cannot sell his house and lot without the
d.) Peping cannot recover P1,000.00 from consent of Casey while the loan remains unpaid.
Ondoy unless stipulated that he can Before the maturity date, Ben offered to buy the
house and lot of Dan for P1.6M. In this scenario:
99. The minimum capital in money or property 104. Normelita and Gracia are partners in NG
except when immovable property or real Partnership. While Normelita was performing
rights thereto are contributed, that will require her duties as a partner in the conduct of the
business, he negligently caused damage to and Rose side with Mary while Irma sides with
Eddie, a third person. Who shall be liable to Liza.
Eddie and in what capacity? a. The group of Mary will prevail
a. Only the partnership shall be liable because they constitute the majority.
it being a juridical person separate and b. The group of Liza will prevail
distinct from the partners because they constitute the controlling
b. Only Normelita shall be liable for interest.
she is the only one at fault c. The group of Mary will prevail
c. Both Normelita and Gracia shall be because they constitute the controlling
liable solidarily to Eddie interest.
d. Normelita, Gracia and the d. Suppose Rose abstains, the group
partnership are all liable solidarily to Eddie of Mary will prevail.
105. Petalcorin is indebted for P5,000 to JDS 108. Which of the following will not cause the
Trading Company, a partnership managed by automatic dissolution of a general
Dulzura to whom Petalcorin also owes partnership?
P10,000.00. The two debts which are both a. Death of a capitalist partner
demandable are unsecured. Petalcorin remits b. Insolvency of a capitalist partner
c. Insanity of an industrial partner
P4,500.00 to Dulzura in payment of his debt
d. Civil interdiction of an industrial
to her. Accordingly, Dulzura issues a receipt
partner
for her own credit. To which credit should the
payment be applied? 109. A person admitted to all the rights of a
a. To Dulzura’s credit because the
limited partner who has died or has assigned
payment made by Petalcorin is intended
his interest in the partnership is known as
for his debt to Dulzura who issues her own a. An ostensible partner
receipt. b. A liquidating partner
b. To both the partnership credit and c. A substituted limited partner
Dulzura’s credit proportionately at d. A general-limited partner
P1,500.00 and P3,000.00, respectively.
c. To Dulzura’s credit because its 110. What is the order of payment of liabilities
amount is greater than that of the of a dissolved general partnership using the
partnership credit. code number representing each liability?
d. To the partnership credit because I. Those owing to partners than
the managing partner should not prefer for capital or for profits
her own interest to that of the partnership. II. Those owing to creditors
other than partners
106. Joseph, Aris, Dex and Earl are partners in III. Those owing to partners in
JADE Enterprises, a jewelry store, with Joseph respect of profits
contributing P50,000.00; Aris, P20,000.00; IV. Those owing to partners in
and Dex, P30,000.00. Earl is an industrial respect of capital
partner and manages the partnership. Based a. I, II, III, IV
b. II, I, IV, III
on the foregoing information, which one of the
c. II, I, III, IV
following statements is false? d. I, II, IV, III
a. Joseph may engage in the buying
and selling of rice without the consent of 111. The articles of incorporation differ from
the other partners the by-laws in that the articles of
b. Earl may engage in the buying and
incorporation are:
selling of rice without the consent of the a. The rules of action adopted by a
other partners corporation for its internal government
c. Earl is not liable for the losses of b. Adopted before or after
the partnership incorporation
d. Earl may be held liable by third c. A condition precedent in the
persons for partnership debts with her acquisition by a corporation of a juridical
separate property personality
d. Approved by the stockholders if
107. MARILEN Company is owned by the adopted after incorporation
following partners with their respective
contributions: Mary, P10,000.00; Anna, 112. A corporation acquires juridical personality
P20,000.00; Rose, P30,000.00; Irma, a. Upon the filing of the articles of
P40,000.00; Liza, P50,000.00; Edna, incorporation
P100,000.00; and Nora, P200,000. Except for b. Upon the filing of the by-laws
Edna and Nora, all the rest are managers c. Upon the issuance of the certificate
without any specification as to their of incorporation
d. Within 30 days from the receipt of
respective duties. Mary wants to buy goods
the notice of the issuance of the certificate
from Excellent Company. Liza opposes. Anna
of incorporation
113. A delinquent stockholder is not entitled to following acquisitions is the requirement of
the following rights, except unrestricted retained earnings not imposed?
a. To be voted a. When the acquisition is made to
b. To vote or be represented in the eliminate fractional shares
meetings of stockholders b. When delinquent shares are
c. To dividends acquired in a delinquency sale
d. He is not entitled to all the rights of c. When redeemable shares are
a stockholder repurchased in accordance with the terms
provided in the articles of incorporation
114. Every corporation incorporated under the d. When shares are acquired from
Corporation Code has the power and capacity stockholders who exercise their appraisal
a. To adopt and use a corporate seal right
b. To protect debts due to the
corporation 120. Which of the following rights is the
c. To protect or aid employees
subscriber of shares not fully paid who is not
d. To increase the business of the
delinquent not entitled to?
corporation
a. Right to dividends
b. Right to vote in stockholders’
115. All of the following, except one are
meetings
qualifications of a director or trustee. Which is
c. Right to a stock certificate
it? d. Right to inspection of corporate
a. He must be the owner of at least 1
books and records
share of stock which shall stand in his
name on the books of the corporation 121. Fatima Corporation has a statement of
b. Majority of the directors or trustees capital stock in its articles of incorporation but
must be residents of the Philippines it was stated in the same articles that
c. The number must not be less than dividends are not supposed to be declared ,
5 not more than 15 that is , there is no distribution of retained
d. In case of a non-stock corporation, earnings. Fatima Corporation is:
a trustee is not required to be a member a. Stock corporation
of the corporation c. Corporation by
prescription
b. Non-stock corporation
116. S1: The removal of a director must take
d. Corporation by
place in a regular meeting of the corporation estoppels
or in a special meeting called for the purpose.
S2: The election must be made through the 122. How many number of votes of the board of
raising of hands if requested by any voting directors are required to change the name of
stockholder or member. If there is no such a corporation?
request, voting may be made through other a. 2/3 of all members of the board
means like secret ballot. b. 2/3 vote of all present
a. True; True b. True; False c. Majority vote of all present
constituting a quorum
c. False; False
d. Majority vote of the board
d. False; True
123. In the matter of managing the business of
117. These are powers which are necessary to the corporation, the exercise of corporate
carry into effect powers which are expressly power and handling of corporate properties
granted, and which must therefore be this is supreme:
presumed to have been the intention in the a. 2/3 approval of the
grant of the franchise. stockholders of the corporation
a. Express powers b. Majority vote of the OCS of the
corporation
c. Implied powers
c. Majority vote of the Board of
b. Incidental powers
Directors
d. Inherent powers d. The President of the
corporation.
118. Which of the following subscriptions does
not comply with the subscription and paid-up 124. Which of the following is not required to
capital requirements at the time of be included in the Articles of Incorporation?
incorporation? a. Duties of the president.
Authorized Subscribed Paid-up b. Name of the corporation.
a. P1,000,000.00 P250,000.00 P62,500.00 c. Period of existence
b. 300,000.00 75,000.00 50,000.00
c. 100,000.00 100,000.00 d. Location of the principal office.
100,000.00
d. 50,000.00 12,500.00 125. Delinquent stocks are
3,125.00 a. Entitled to vote in stockholders’
meeting
119. A corporation may acquire its own shares b. Entitled to inspect the books of
for a legitimate purpose provided it has the corporation
unrestricted retained earnings. In which of the c. Entitled to dividends
d. None of the above