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First Preboard Flashcards

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1
Q
  1. On June 12, 2025, Atty. D agreed to prepare and to give not later than July 25, 2025, 50 questions for the first preboard examination, being prepared by Atty. V, where there will be 100 questions. The examination will be administered on July 26, 2025. Which of the following statements is correct?
    a. The agreement should be in writing to be enforceable
    b. If the agreement is in writing, Atty. V can ask Atty. D for specific performance
    c. The agreement is without effect because its fulfillment depends upon the sole will of Atty. D
    d. The contract is enforceable hence, Atty. D incurs delay if he cannot prepare and give the 50 questions on July 25, 2025
  2. If the right of the creditor to enforce his claim against the debtor has prescribed and yet a third person effected the payment which was accepted by the creditor, which of the following is correct?
    a. The third person can recover from the creditor the amount paid because the creditor was benefited.
    b. The third person can recover from the debtor the amount paid to the creditor
    c. The third person can recover from the third person the amount paid if the third person is not aware that there was prescription
    d. The third person can no longer recover from either the creditor or debtor because the voluntarily effected payment.
  3. Atty. Kin obliged himself to paint the portrait of Atty. Con beginning July 26, 2025. They agreed that Atty. Kin will complete the work and effect delivery on Dec. 25, 2026. It was further stipulated that if Atty. Kin failed to fulfill his obligation, he will give his only horse as a penalty. On Dec. 25, 2026,
    Atty. Kin failed to fulfill his obligation, despite repeated demands from Atty. Con. As a result, which of the following is correct?
    a. The contract between Atty. Kin and Atty. Con should be in writing to be enforceable
    b. Atty. Con can demand for specific performance plus damages
    c. Atty. Kin is in legal delay and should be required to deliver his only horse plus specific performance but without damages
    d. The obligation of Atty. Kin is with a penal clause, hence he is required to give his only horse, which is in lieu of interest and damages, and Atty. Kin cannot be compelled to paint Atty. Con’s
    portrait
  4. In which of the following cases, will the debtor no longer enjoy the benefit of the period?
    a. If the debtor fails to give a guaranty or security
    b. If the guaranty or security is impaired
    c. If the guaranty or security is lost due to a fortuitous event
    d. If the debtor will go to a foreign country
  5. If S a minor sells the necklace of her mother with her mother’s consent, to her classmate B, who is also a minor, the contract is
    a. Rescissible, and can be rescinded by the parents of her classmate
    b. Valid but without effect because the parties to the contract and both minors
    c. Unenforceable, unless the parents of buyer B ratify the contract.
    d. Voidable but neither S nor her mother can ask for annulment
A
  1. D
  2. C
  3. D
  4. C
    Under Article 1198 of the Civil Code of the Philippines, the debtor loses the benefit of the period in the following cases: VIP AF
    - when the debtor VIOLATES any undertaking, in consideration of which the creditor agreed to the period.
    - when after the obligation has been contracted, he becomes INSOLVENT, unless he gives a guaranty or security.
    - when he does not furnish to the creditor the guaranties or securities which he has PROMISED.
    - When the debtor attempts to ABSCOND.
    - When through a FORTUITOUS event they disappear, unless he immediately gives new ones equally satisfactory.
    - when by his own acts he has IMPAIRED said guaranties or securities after their establishment.
  5. D
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2
Q
  1. On July 26, 2025 Atty. Per agreed to give to Atty. Tis his only cock if Atty. Tis will pass the CPALE. If the cock will have fruits and Atty. Tis passed the CPALE, where the results were released on Nov 8, 2025, which of the following is correct?
    a. Atty. Per should give his cock and its fruits to Atty. Tis
    b. Atty. Per should give his cock but not the fruits
    c. Atty. Tis will have the right to the cock of Atty. Per on July 26, 2025 but not its fruits before Nov. 8, 2025
    d. The fulfillment of the condition retroacts on the day the contract was perfected making Atty. Tis entitled to the cock and its fruits beginning July 26, 2025
  2. If the consignation was already approved by the court but the debtor thereafter was able to withdraw the money from the court, which of the following is not correct?
    a. Such withdrawal was with the consent of the creditor
    b. The obligation of the debtor is revived
    c. The obligation of the debtor, guarantor or security is, revived if they consent to such withdrawal
    d. The expenses of consignation shall be borne by the debtor
  3. April maintains savings and time deposit amounting to 600k and P1m respectively with Banco de Plata which was closed by the BSP due to alleged fraud and irregularity. April can demand payment from PDIC amounting to how much?
    a. ₱500,000
    b. ₱1,000,000
    c. Nothing
    d. ₱1,600,000
  4. Using the same facts in no. 8 but the savings deposit is a joint account with her sister Max, and the time deposit is with her friends, June, July and August. How much can April recover from PDIC?
    a. Nothing
    b. ₱7333,333
    c. ₱1,000,000
    d. ₱650,000
  5. January deposits ₱2m by way of savings deposit with PNB, which of the following is correct?
    a. There exists a contract of deposit between January and PNB
    b. PNB became the owner of the ₱2m
    c. PNB is the depository of the ₱2m
    d. PNB should keep the money safely and return the same money upon demand by January
A
  1. C
  2. D
  3. C
  4. A
  5. B
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3
Q
  1. If the night of the creditor to demand payment from the debtor has prescribed because of the passage of time and later payment is effected, which of the following statements is correct?
    a. If payment is effected by a third person, such third person can recover the amount paid
    b. If the payment is effected by the debtor, such debtor can recover the amount paid
    c. If payment is effected by a third person, such third person can recover up to the amount that the debtor was benefited
    d. If the payment is effected by the debtor, such debtor cannot recover the amount paid
  2. Which of the following contracts is valid?
    a. Bon agreed to kill Con and if Bon fails, Bon will give ₱2m to Don
    b. Em will give ₱ 2m to Fe, if Fe will have sex with Em
    c. Roy agreed to paint the house of Eve or if Roy wants Roy will have sex with Cris for one week
    d. Wil agreed to burn the house of Joy and if Wil fails he will pay Joy ₱2m
  3. Akot, Bato and Coco are solidary debtors of Wawa and Yaya, solidary creditors for ₱12,000. Later Wawa condoned the share of Akot, without the knowledge of Yaya. On due date, Yaya can collect from
    a. Either Akot or Bato or Coco ₱12,000
    b. Either Bato or Coco ₱12,000
    c. Either Bato or Coco ₱8000
    d. Either Akot, or Bato or Coco ₱8000
  4. Bobo, Coco or Dodo are solidary debtors of Soso and Toto, solidary creditors for ₱12,000 later Soso, who is courting Dodo, condoned the entire obligation of the debtors, without the knowledge of Toto. One day later, Toto accepted the tender of payment amounting to ₱12,000 made by Bobo without the knowledge of Soso. As a result,
    a. Bobo can recover ₱4,000 each from Coco and Dodo
    b. Bobo cannot recover from anyone because the payment was made after the condonation was
    made
    c. Bobo can recover ₱12,000 from Toto
    d. Toto can recover ₱12,000 from Soso
  5. The following contracts will take upon perfection of the contract, except
    a. Emptio rei speratio
    b. Ratification of unenforceable contracts
    c. Fulfillments of suspensive condition
    d. Ratification of contracts which are without effect
A
  1. D
  2. C
  3. D
  4. C
  5. D
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4
Q
  1. Bubot, a 16 years old student took the watch of her Father with a FMX of ₱ 20,000 and sold it to Guro, her teacher for only ₱12,000 resulting to a lesion of more than ¼ of its value, The contract is
    a. Voidable
    b. Rescissible
    c. Unenforceable
    d. Without effect
  2. Bebe works as sales clerk in a Boutique store with a daily wage of ₱800. Bebe is scheduled to work on May 1. How much additional payment will she receive if the works on that day?
    a. ₱1,040.00
    b. ₱1,600.00
    c. ₱1,000.00
    d. ₱800.00
  3. If a minimum wage earner works on this day, she will get a compensation equivalent to 200% of her regular rate
    a. Ninoy Aquino day
    b. Manuel L. Quezon day
    c. Andres Bonifacio day
    d. Emilio Aguinaldo day
  4. Mimi, a cashier who receives ₱800.00 as her daily wage was required to render 6 hours of overtime work from 6pm to 12pm. How much will she receives as additional compensation?
    a. ₱775.00
    b. ₱750.00
    c. ₱825.00
    d. ₱770.00
  5. Ada has availed of her 105-day maternity leave with pay. If she wants to extend her leave further, how many days of additional maternity leave, can she availed of?
    a. 15 days without pay
    b. 30 days without pay
    c. 30 days with pay
    d. 15 days without pay
A
  1. C
  2. D
  3. C
  4. A
  5. B
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5
Q
  1. The following are covered institutions under the AMLA, Except
    a. Banco de Oro
    b. Fortune Insurance Corporation
    c. Tambunting Pawnshop
    d. SM Supermarket
  2. What is the consequence of being placed on the AMLC’s freeze order?
    a. Suspension of business permits
    b. Immediate confiscation of assets
    c. Temporary freezing of accounts
    d. Issuance of warrants of arrest
  3. Which of the following statements is correct?
    a. A contract which is without effect is considered ratified by the acceptance by a party to the contract of a benefit under its terms
    b. A contract of marriage between a minor and a deaf mute is valid if made with the consent of their respective parents
    c. The defense of due diligence in the selection and supervision of employees may be used against subsidiary liability of an employer arising from delict.
    d. In culpa contractual, proof of existence of contract and of its breach is sufficient prima facie to warrant recovery
  4. Which of the following statements is wrong?
    a. In culpa aquiliana, the of liability is the defendant’s negligent act or omission itself
    b. Concealment on the failure to disclose facts when there is duty to reveal them, as when the parties are bond by confidential relations, constitute fraud
    c. The statute of frauds applies to both partially and wholly executed contracts
    d. A contract of sale between a minor and an insane person is valid
  5. Which of the following contracts is a real contract? Contract
    a. To lend a car for one month
    b. To make a deposit of goods
    c. To make a pledge of necklace
    d. Of loan amounting to ₱1m
A
  1. D
  2. C
  3. D
  4. C
  5. D
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6
Q
  1. Ken cleans the house of Tok, in return Ken expects that Tok will give a shirt to him, This is
    a. Do ut Des
    b. Do ut Facias
    c. Facio ut Des
    d. Facio ut Facias
  2. Jose, a waiter borrowed ₱200k from his employer starmoon coffee. To guarantee the payment, he gave his TCT (transfer certificate of title) to his employer for starmoon coffee to hold it until he pays the amount borrowed. There is a contract of
    a. Pledge
    b. Real Estate Mortgage
    c. Antichresis
    d. Simple loan
  3. If a debtor gives a property to his creditor who accepts it in payment of an obligation in money, this will be governed by law on
    a. Barter
    b. Cession
    c. Sales
    d. Application of payment
  4. It is a contract by virtue of the terms of which the parties thereto promise and obligate themselves to enter into another contract at a future time, upon happening of certain events, or the fulfillment of certain conditions
    a. Option contract
    b. Arras
    c. Aleatory contract
    d. Resolutory contract
  5. Maja obliged herself to give Rot ₱1m but if Maja fails, she will have sex with Rot. The contract is
    a. Valid, hence Maja has the right of choice
    b. Valid, but Maja cannot be compelled to have sex with Rot even if she fails to give the ₱1m
    c. Facultative, where the principal is valid but the substitute is not possible
    d. Void, hence Rot cannot demand anything from Maja
A
  1. C
  2. D
  3. C
  4. A
  5. B
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7
Q
  1. What is the nature of proceedings under the Financial Rehabilitation and Insolvency Act (FRIA) as described?
    a. In Personam, requiring direct notice to all creditors.
    b. In Rem, with jurisdiction acquired through publication.
    c. Criminal proceedings, focusing on debtor misconduct.
    d. Arbitration, requiring mutual agreement among parties
  2. Who is considered an “individual debtor” under the Financial Rehabilitation and Insolvency Act (FRIA)?
    a. Any natural person, regardless of residency or citizenship, has become insolvent.
    b. A corporation that has filed for bankruptcy.
    c. A natural person who is a resident and citizen of the Philippines and has become insolvent.
    d. A foreign national residing in the Philippines temporarily.
  3. Rafael enters a contract with Miguel to sell him the entire mango harvest from his farm for P50,000. The contract is made in January, and the harvest is expected in June. Unfortunately, in May, a severe typhoon destroyed all the mango trees on Rafael’s farm, resulting in no harvest. In this case –
    a. Rafael is obligated to deliver the mangoes or pay damages to Miguel for non-fulfilment of the obligation.
    c. The contract is valid.
    b. Rafael can substitute the mangoes with another fruit on his farm to fulfill the obligation.
    d. The contract is void.
  4. Incorporeal property may be delivered by –
    a. Mere pointing
    b. Execution of public instrument
    c. Symbolic delivery
    d. Cannot be delivered because it has no physical manifestation
  5. What are the functions of the Philippine Deposit Insurance Corporation (PDIC)?
    a. Deposit insurer, co-regulator of banks, and receiver/liquidator of closed banks
    b. Lender of last resort, bank regulator, and financial advisor
    c. Investment banker, financial analyst, and auditor
    d. Bank supervisor, monetary policy maker, and financial market regulator
A
  1. B
  2. C
  3. D
  4. B
  5. A
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8
Q
  1. According to the Per Depositor or Per Capacity Rule, how are deposits treated for insurance purposes?
    a. Each account is insured separately, regardless of ownership
    b. Deposits in the same right and capacity are aggregated and insured up to the maximum limit
    c. Only deposits in the depositor’s own name are insured
    d. Deposits are insured based on the type of account
  2. A bank employee files a suspicious transaction report (STR) on a customer’s account, believing in good faith that it may be related to money laundering. Later, it’s discovered that the transaction was legitimate, and no wrongdoing occurred. In this case,
    a. The bank employee is protected from administrative, criminal, or civil proceedings.
    b. The bank employee can be sued by the customer for damages.
    c. The bank employee must reveal the customer’s identity to the authorities
    d. The bank employee’s report is considered a breach of confidentiality.
  3. A real estate developer receives a cash payment of ₱8,000,000 from a buyer for a property. What should the real estate developer do?
    a. Report the transaction as it’s a normal business practice
    b. File a covered transaction report (CTR) since the amount exceeds the threshold
    c. Refuse the cash payment and ask for a check instead
    d. Disclose the transaction to the buyer
  4. A furniture store regularly offers installment plans to its customers, charging interest on the outstanding balance. Is the furniture store subject to the Truth in Lending Act?
    a. No, because it’s a retail store.
    b. No, because it only offers installment plans to existing customers.
    c. Yes, but only for large purchases exceeding a certain amount.
    d. Yes, because it extends credit and charges a finance charge.
  5. What is the primary purpose of the disclosure requirements under the Truth in Lending Act?
    a. To inform the creditor about the borrower’s credit history
    b. To provide the borrower with a clear understanding of the credit terms and costs
    c. To allow the creditor to change the credit terms at any time
    d. To penalize creditors for non-compliance
A
  1. B
  2. A
  3. B
  4. D
  5. B
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9
Q
  1. A check is issued on January 1, and it is presented for payment on April 15, which is 105 days after the date of the check. May the presumption of knowledge of insufficiency of funds still applicable under BP 22?
    a. Yes, because the check was presented for payment eventually
    b. No, because the check was not presented within 90 days from the date of the check
    c. Yes, because the holder of the check can still present it for payment at any time
    d. No, because the issuer of the check has no control over when it’s presented
  2. A drawer receives a notice of dishonor for a check he issued. What must the drawer do within 5 banking days after receiving the notice to avoid criminal liability under BP 22?
    a. File a complaint against the holder of the check
    b. Issue a new check to replace the dishonored one
    c. Notify the bank to stop payment on the check temporarily
    d. Pay the holder the amount due or make arrangements for payment in full
  3. Juan has a contract with Maria to buy goods exclusively from her. Pedro, a competitor of Maria, convinces Juan to buy goods from him instead. Who is liable for damages to Maria?
    a. Juan, for breaching the contract
    b. Maria, for failing to deliver goods
    c. Pedro, for inducing Juan to breach the contract
    d. Both Juan and Pedro
  4. Ana, who has a history of mental illness, enters into a contract with Ben during a period when her doctor confirms she is mentally competent. Later, Ana’s mental health deteriorates again. Is the contract valid?
    a. No, because Ana has a history of mental illness
    b. Yes, because Ana was in a lucid interval when she entered the contract
    c. No, because Ben took advantage of Ana’s condition
    d. Yes, because Ana’s doctor approved the contract
  5. Juan is under hypnosis and agrees to sell his property to Maria. Once Juan regains consciousness, he claims he doesn’t remember agreeing to the sale. What is the status of the contract?
    a. Valid
    b. Void
    c. Voidable
    d. Unenforceable
A
  1. B
  2. D
  3. D
    This scenario involves contractual breach and third-party interference, both of which can give rise to liability.

🔍 Juan’s Liability:
Juan had an exclusive contract with Maria.
By buying from Pedro, he breached his obligation.
Under culpa contractual, breach of a valid contract makes Juan directly liable for damages.

🔍 Pedro’s Liability:
Pedro knowingly induced Juan to violate his contract.
This is a case of tortious interference or inducing breach of contract.
Under Article 1314 of the Civil Code:
Pedro’s act is intentional interference, and he becomes solidarily liable with Juan.

  1. B
  2. C
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10
Q
  1. What is the consequence of incidental fraud (dolo incidente) in a contract?
    a. The contract is voidable
    b. The contract is void
    c. The person employing it is obliged to pay damages
    d. The contract is unenforceable
  2. What type of simulation occurs when parties enter into a contract but conceal their true agreement, hiding it behind a false contract?
    a. Absolute simulation
    b. Relative simulation
    c. Sham contract
    d. False contract
  3. What is the cause in a contract of sale where one party promises to deliver goods and the other promises to pay for them?
    a. The liberality of the seller
    b. The service or benefit being remunerated
    c. The prestation or promise of goods by the seller and payment by the buyer
    d. The contractual obligation itself
  4. Ana, a guardian, sells a property of her ward, Juan, for P100,000. The property’s actual value is P140,000. Can Juan rescind the contract after reaching the age of majority?
    a. Yes, because Juan didn’t consent to the sale
    b. Yes, because Juan suffered lesion
    c. No, because the contract was validly entered into
    d. No, because Ana acted in good faith
  5. A defective contract entered in the name of another without or in excess of the authority given.
    a. Rescissible
    b. Voidable
    c. Unenforceable
    d. Void
A
  1. C
  2. B
  3. C
  4. B
  5. C
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11
Q
  1. It is a stipulation in a contract, clearly and deliberately conferred by the contracting parties as a favor upon a third person, who must communicate his acceptance of the favor or benefit to the obligor before it is revoked.
    a. Contract of adhesion
    b. Contra bonos mores
    c. Stipulation pour autrui
    d. Stipulation au pair
  2. Statement 1: In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.
    Statement 2: Consignation shall be made by depositing the things due or amount due at the disposal of judicial authority.
    a. True; false
    b. False; true
    c. Both true
    d. Both false
  3. Statement 1: The obligation to give a determinate thing includes that of delivering all its accessions and accessories only, if they have been mentioned.
    Statement 2: Obligation to deliver a determinate thing includes the delivery of the fruits.
    a. True; false
    b. False; true
    c. Both true
    d. Both false
  4. Negotiorum gestio (unauthorized management) will not arise in the following –
    a. When the property or business is neglected or abandoned
    b. When the manager has been tacitly authorized by the owner or when the property isn’t neglected
    c. When the owner has explicitly authorized the manager
    d. When the manager acts in good faith
  5. What are the requisites of a quasi-delict?
    a. Act or omission, damages, and contractual relation
    b. Fault or negligence, causal connection, and no pre-existing contractual relation
    c. Act or omission, damages, fault or negligence, and causal connection, with no pre-existing contractual relation
    d. Intent, damages, and contractual relation
A
  1. C
  2. C
  3. D
  4. B
  5. C
    📚 Requisites of a Quasi-Delict (Article 2176, Civil Code of the Philippines):
    - Act or omission — There must be a human act or failure to act.
    - Fault or negligence — The act or omission must be accompanied by fault or negligence.
    - Damage — The plaintiff must have suffered actual harm or injury.
    - Causal connection — There must be a direct link between the act/omission and the damage.
    - No pre-existing contractual relation — The parties must not be bound by a contract; otherwise, it falls under breach of contract, not quasi-delict
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12
Q
  1. Ana borrowed P100,000 from Ben, payable on December 31, 2025. Ana didn’t pay on the due date. Is Ana in delay?
    a. No, because Ben didn’t make a demand for payment
    b. Yes, because the obligation specifies a due date
    c. No, because there’s no proof of Ana’s intent to default
    d. Yes, because Ana has a history of late payments
  2. What is the key difference between a condition and a period in a contract?
    a. A condition is certain to happen, while a period is uncertain
    b. A condition is uncertain event, while a period is a fixed or determinable point in time
    c. A condition is a fixed date, while a period is a future event
    d. A condition and period are interchangeable terms
  3. In alternative obligation if the right of choice has been expressly given to the creditor and one or some but not all were lost by reason of debtor’s fault, what is/ are the remedy?
    a. The creditor may claim for damages because the obligation was extinguished due to debtor’s fault.
    b. The creditor may claim any of the subsisting or remaining without damage.
    c. The creditor may claim the price of that which has disappeared, with a right to damages
    d. Either b or c
  4. The following are true regarding Dacion en pago, except:
    a. The debt must be debt in money.
    b. It is governed by law on sales.
    c. The debtor must be insolvent.
    d. It involves one property of the debtor.
  5. Mr. D is obliged to deliver a Toyota Land Cruiser with plate number YOU 888 to Mrs. B on June 1, 2025. Mr. D also promises to deliver the same car to the brother of Mrs. B. However, on May 30, 2025, a typhoon destroyed the said car prior to delivery. Is the obligation totally extinguished?
    a. Yes, because the loss of a determinate thing was due to fortuitous event.
    b. Yes, because the debtor must not have obligated himself to deliver the same thing to two or more persons who do not have the same interest.
    c. No, because the debtor must not have obligated himself to deliver the same thing to two or more persons who do not have the same interest.
    d. No, because the loss was due to fortuitous event and the thing is generic.
A
  1. A
  2. B
  3. D
  4. C
  5. C
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13
Q
  1. What is the effect when the insolvency of the proposed debtor was already existing and of public knowledge, but not known to the debtor, when he delegated his debt?
    a. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor
    b. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall revive the action of the latter against the original obligor
    c. Both A and B
    d. None of the above
  2. A contract is presumed to have been entered into
    a. In the place where the offer was made
    b. In the place where the acceptance was made
    c. In the place where the performance was made
    d. In the place where the payment was made
  3. Before acceptance is conveyed, an offer becomes ineffective upon the death, civil interdiction, insanity or insolvency
    a. Of the offeror
    b. Of the offeree
    c. Of either party
    d. Of both the offeror and offeree
  4. Which of the following is not correct?
    a. The obligation to give includes that of delivering all its accessions and accessories even though
    they may not have been mentioned
    b. If a person obliged to do something fails to do it, the same shall be executed at his cost
    c. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall be undone at his expense
    d. In reciprocal obligations, from the moment one of the parties fulfills his obligation, delay by the other begins
  5. A pointed a gun and threatened to kill B if B will not sign a promissory note which reads “I promise to pay A, P100,000”. Out of fear, B signed the note. It turned out that two days earlier, A’s obligation to B amounting to P100,000 became due and B demanded payment. Now, A alleges compensation. Is A correct?
    a. Yes, because the promissory note is valid
    b. No, because the promissory note was signed only because there was intimidation
    c. Yes, provided B will agree
    d. No, because A’s obligation does not exist
A
  1. B
  2. A
  3. C
  4. A
  5. A
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14
Q
  1. On January 15, 2025, A obliged himself to give to B his only cow or his only dog or his only cat on December 25, 2025. On July 4, 2025, the cow died after giving birth to a young cow. Two months later, the cat died due to the fault of A. And on November 1, 2025, the dog died due to a fortuitous event. Which of the following is true?
    a. The obligation of A is extinguished
    b. B is entitled to the young cow having been born after the perfection of the contract
    c. A is liable for the value of the cat plus damages
    d. B can require A to replace the cat by another cat which is equally satisfactory
  2. Using the above data, but the right of choice belongs to B, which of the following is correct?
    a. The obligation of A is extinguished
    b. B is entitled to the young cow having been born after the perfection of the contract
    c. A is liable for the value of the cat plus damages
    d. B can require A to replace the cat by another cat which is equally satisfactory
  3. Using the preceding number, except that the dog is still alive, which of the following is not correct?
    a. The obligation of A is converted to a simple obligation
    b. B can require A to deliver the dog but without damages
    c. A is not liable for the death of the cow
    d. B can require A to pay the value of the cat plus damages
  4. When the condition has been imposed with the intention of suspending the efficacy of an obligation to
    give, the following rules shall be observed, except
    a. If the thing is lost, the obligation shall be extinguished
    b. If the thing is improved by nature, the improvement shall inure to the benefit of the creditor
    c. If the thing is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary
    d. If the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor
  5. Statement 1 – In expromission, the new debtor’s insolvency or non-fulfillment of the obligation shall not give rise to any liability on the part of the original debtor
    Statement 2 - In delegacion, the insolvency of the new debtor, shall not revive the action of the creditor against the original debtor
    a. True, true
    b. True, false
    c. False, true
    d. False, false
A
  1. A
  2. C
  3. A
  4. A
    🔍 Correct rule: If the thing is lost without the fault of the debtor, the obligation shall be extinguished.
  5. D
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15
Q
  1. In payment of 10 grams of shabu, A made a promissory note which reads “I promise to pay B P10,000. Sgd. A”. B transferred the note to C, who acted in good faith. Which is correct?
    a. C can collect from A
    b. B can collect from A
    c. C can collect from either A or B
    d. C can collect from B
  2. A and B are solidary debtors of C for P100,000 which is due on August 1, 2025. Thinking that the obligation is already due, A paid C P100,000 on August 1, 2024. What rights will A have on February 1, 2025?
    a. A can recover P50,000 reimbursement from B without interest
    b. A can recover P100,000 from C plus interest from August 1 2024 to February 1, 2025
    c. A can recover P50,000 reimbursement from B with interest from August 1, 2024 to February 1, 2025
    d. A cannot recover yet from either B because the obligation is not yet due or C because the payment was voluntary
  3. Using the preceding number, but it is already September 1, 2025, which of the following is correct? A can recover
    a. A can recover from C only the interest from August 1, 2024 to July 31, 2025
    b. A can recover P50,000 from B plus interest from August 1, 2024 to August 1, 2025
    c. A can recover P50,000 from B plus interest from August 1, 2024 to September 1, 2025
    d. A can recover from C only the interest from August 1, 2024 to September 1, 2025
  4. A, B and C are obliged to deliver a specific cow to W and Y on August 1, 2025. If today is August 1,
    2025, which of the following is true?
    a. A demand made by W against A, B and C constitutes a valid demand against all debtors
    b. A demand made by W and Y against A will make the debtors in delay
    c. If debtor A cannot fulfill his share in the obligation, the obligation of B and C is converted into a monetary obligation to pay the corresponding portion of the value of the cow without damages
    d. If debtor A is insolvent, the obligation of A, B and C is converted into a monetary obligation to pay the value of the cow plus damages
  5. In a contract of sale, the parties agreed that the buyer shall be the one to fix the price subject to approval by the seller. The object was delivered to and accepted by the buyer. After a reasonable period of time, the buyer has not yet fixed the price but has appropriated the thing. The seller is now demanding for the payment of the price, in this case, the seller is
    a. Entitled to the payment of a reasonable price therefore
    b. Entitled to the payment of the price based on the fair market value at the time of delivery
    c. Entitled to the payment of the price based on the fair market value at the time of perfection of the contract of sale
    d. Not entitled to payment of the price because the price has not yet been fixed as agreed upon
A
  1. D
  2. B
  3. A
  4. C
  5. A
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16
Q
  1. Which phase most accurately completes the statement - If at the time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost
    a. The buyer bears the risk of loss
    b. The contract shall be without any effect
    c. The seller bears the risk of loss
    d. The buyer may withdraw from the contract
  2. A contract of sale between husband and wife is
    a. Void, if there is separation of property in the marriage settlement
    b. Valid, when there is judicial separation of property
    c. Voidable, if they are under the absolute community of property
    d. Rescissible, if they are under the conjugal partnership of gains
  3. A sold his necklace to B in a public instrument and later orally sold his watch to C. Both items will be delivered seven days later. On the fifth day, A again sold the same necklace to D and the same watch to E. Both D and E immediately took physical possession of the necklace and watch, respectively and both are not aware of the previous sale to B and C. Who will have a better right to the necklace and watch?
    a. B and C
    b. D and E
    c. B and E
    d. C and D
  4. A has two creditors, B and C, the obligation to B is PHP 10,000 and to C is PHP 12,000. Later, with the consent of A and B, W pays B PHP 10,000. Now W and C are the creditors of A. Suppose A has only PHP 12,000, which is correct?
    a. C should be preferred
    b. W should be preferred
    c. C and W should be paid proportionately
    d. A may choose whom to pay
  5. Which of the following is a valid stipulation?
    a. A promises to give B PHP 10,000, and if A fails, A will allow B to have sexual intercourse with her for one week
    b. A will give B PHP 10,000, if C will go to planet Saturn within the year
    c. A agreed to give B a house and lot if B will kill A’s wife
    d. A agreed to put poison on the food of B’s wife and if A fails, to pay B PHP 10,000 for damages
Tgb
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