Three of the following statements are true.

Which one is false

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

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
A. Maila's obligation is not extinguished because the note is not negotiable
B. Maila's obligation is extinguished by condonation
C. Maila's obligation is extinguished by compensation
D. Maila's obligation is extinguished by confusion

The following are the requisites of fortuitous event, except

A. Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner;
impossibility must be absolute not partial, otherwise not force majeure
B. The debtor contributed to the aggravation of the injury to the creditor
C. The event is unforeseeable/unavoidable
D. The cause is independent of the will of the debtor

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

A. Loss of specific things
B. Quasi delict
C. Condonation
D. Confusion

A wrong committed independent of contract and without criminal intent is

A. Quasi delict
B. Culpa aquiliana
C. Culpa contractual
D. Delict

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
A. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
B. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
C. Yes, because the essential elements are all present, namely: consent, object and consideration
D. Correct answer not given

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
A. Obligation with a period
B. Divisible and indivisible obligations
C. Pure obligation
D. Joint and Solidary obligations

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

A. Mora solvendi
B. mora solvendi ex re
C. compensation morae
D. mora solvendi ex persona
E. mora accipiendi

A judicial relation known as Negotiorum Gestio takes place

A. None of the choices
B. When a person voluntarily takes charge of another’s abandoned business or property without the
owner’s consent
C. When something is received and there is no right to demand it and it was delivered through mistake
D. When a person is appointed by a court to take the property or business of another

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

A. mora accipiendi
B. compensation morae
C. mora solvendi ex persona
D. mora solvendi ex re
E. Mora solvendi

Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
A. First statement is false; second statement is true
B. Both statements are true
C. First statement is true; second statement is false
D. Both statements are false
The following are the requisites of mora solvendi, except
A. Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
B. Failure of the debtor to comply with such demand
C. There is judicial or extrajudicial demand by the creditor
D. Obligation was performed on its maturity date

Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
A. Dante can rescind the contract because the object is indeterminate
B. Carlo has no remedy under the law
C. Carlo can compel Dante to deliver 100 cavans of rice plus damages
D. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages

The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is
A. Unenforceable
B. Valid
C. Void
D. Voidable
E. Rescissible

Statement 1: Payment made by the debtor to 3rd person 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. Both statements are false
B. Both statements are true
C. First statement is true; second statement is false
D. First statement is false; second statement is true

It is the gratuitous abandonment by the creditor of his right against the debtor
A. Novation
B. Abandonement
C. Remission
D. Dation en pago

Statement 1: As a rule, the creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
A. Both statements are false
B. First statement is false; second statement is true
C. Both statements are true
D. First statement is true; second statement is false

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
A. While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
B. Pedro can neither collect damages from Valentina nor compel her to marry him
C. Pedro can legally compel Valentina to marry him
D. Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral

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

This is never presumed. To exist it must be provided for in the Civil Code or in some special law
A. Obligation ex quasi delicto
B. Obligation ex delicto
C. Obligation ex contractu
D. Obligation ex lege

The following are all factors vitiating consent, except

A. Intimidation
B. Violence
C. Fraud
D. Mistake
E. Negligence

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

Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
A. Both are true
B. No. 1 is true; No. 2 is false
C. Both are false
D. No. 1 is false; No. 2 is true

Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
A. Both are false
B. Both are true
C. No. 1 is false; No. 2 is true
D. No. 1 is true; No. 2 is false

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)
A. P40,000
B. P80,000
C. P70,000
D. P30,000

Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
A. Both statements are false
B. Both statements are true
C. First statement is false; second statement is true
D. First statement is true; second statement is false

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

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?
A. C is not entitled to claim compensation
B. Only D may claim the compensation should C demand the delivery of a ring from him (D)
C. D may oppose the compensation being claimed by C
D. C is entitled to claim compensation

A and B agreed to contribute their respective farms to form a partnership. A immediately delivered his
land. B waited until after 2 months so he could harvest some rice in his farm. What may the parties do?
A. B is allowed to keep his land until a formal demand is made
B. B should deliver the land and the rice he harvested
C. A should also be allowed to harvest any fruits in his land
D. A should ask for a rescission of the contract of partnership

It is the gratuitous abandonment by the creditor of his right against the debtor
A. Novation
B. Remission
C. Dation en pago
D. Abandonment