MOCK BAR EXAMINATION QUESTIONS IN
CIVIL LAW REVIEW II
1. A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr.
D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a
passenger, Mr. PD, a pedestrian. Which is correct?
a. Mr. D cannot be sued under a culpa criminal theory of Mr. P.
b. Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr.
D.
c. Mr. PD can sue CRV Lines under a contractual theory.
d. CRV Lines can be sued by Mr. P only under a contractual theory.
2. Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because
the latter could not make up his mind, Mr. Seller gave him thirty (30) days
within which to decide.
a.
b.
c.
d.
Seller may always withdraw the offer before 30 days.
Seller can withdraw the offer prior to acceptance by Mr. Buyer.
Seller cannot withdraw before the lapse of 30 days.
Answer is not given.
3. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O.
The jeepney was rear-ended by another jeep owned by Mr. TP.
Investigations disclosed that the fault was due to the driver of Mr. TP. Which
is not correct?
a. Miss X may sue Mr. O under a breach of contract of carriage.
b. Miss X may sue Mr. TP under a culpa aquiliana theory.
c. Miss X may sue the driver of Mr. TP under a culpa criminal
theory.
d. Mr. O in a suit by Miss X for breach of contract may defend
by alleging that the proximate cause of the accident was the
jeepney of Mr. TP.
4. Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following
terms: (i) down payment of P500,000; (ii) entire balance is to be paid on
December 24, 2004; (iii) a chattel mortgage is to be executed over the car
bought or sold in favor of Mr. Seller. If on the due date for the balance, no
payment is paid despite demand.
a. Mr. Seller may foreclose the mortgage on the car and recover any
balance if there be a deficiency in the foreclosure sale.
b. Mr. Seller can foreclose the mortgage on the car but is precluded
from recovering any balance.
c. Mr. Seller cannot foreclose the mortgage. His only remedy is to
sue for the balance.
d. Mr. Seller can only cancel or rescind the sale.
5. Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr.
Buyer accepted orally on November 5, 2004.
a. The sale is voidable.
b. The sale is valid and can be registered.
c. The sale is valid but unenforceable and cannot be registered.
1
d. The sale is voidable but may be ratified.
6. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the
same to Mr. B who accepted.
a.
b.
c.
d.
The donation is valid.
The donation is voidable and may be annulled.
The donation is void and Mr. X may get the cell phone back.
The donation is void but Mr. X cannot get the cell phone back.
7. Which among the following must be in writing to be valid?
a.
b.
c.
d.
A sale of a land.
Every donation of personal or movable property.
A contract of partnership with a contribution of an immovable.
An authority by the principal to an agent to sell movables.
8. The following are contracts that require the delivery of the subject matter
before a perfected contract exists. Which is the exception?
a.
b.
c.
d.
An agreement to borrow/lend money.
An agreement to borrow/lend a car.
An agreement to deposit 1,000 bags of cement in a warehouse.
A sale of a car.
9. Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell.
Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the
price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?
a. The one with a better right is Buyer No. 2
b. Mr. Seller has done a double sale.
c. The one with the better right is the buyer who registers the sale first
in good faith.
d. There is no double sale.
10.
No. 1 – Fraud is always a ground for annulment of a contract.
No. 2 – A simulated contract is voidable.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is false; No. 2 is true.
No. 1 is true; No. 2 is false.
11. Which contract is rescissible?
a. A contract where both parties are of unsound mind.
b. A contract violating the statute of frauds.
c. A contract where the debtor sells his property to defraud the
creditor where the buyer is in good faith.
d. None of the above.
12. A contract of sale is deemed an equitable mortgage in any of the following
situations, except:
a. When the price is unusually inadequate.
b. When the buyer retains for himself a part of the purchase price.
c. When the vendor binds himself to pay the taxes on the thing sold.
2
d. When the buyer is in possession as lessee.
13. When the debtor binds himself to pay when his means shall permit him to do
so,
a.
b.
c.
d.
The obligation is deemed to be one with a period.
The obligation is a conditional obligation.
The obligation is void.
The obligation is unenforceable.
14. Which of the following contracts is not unenforceable?
a. An oral agreement to pay for the debt, default or miscarriage of
another.
b. An oral sale of land.
c. An oral sale of movables with a value of P500.
d. An oral agreement to lend P50,000.
15. No. 1 – A contract of sale is a mode of acquiring ownership.
No. 2 – Every delivery transfers ownership.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is true; No. 2 is false.
No. 1 is false; No. 2 is true.
16. Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was
not paid.
a. Mr. Y may appropriate the ring as his own if there is a stipulation to
that effect.
b. Mr. Y must sell the ring to someone else even in a private sale.
c. Mr. Y may recover the deficiency from Mr. X if after the auction
sale, a deficiency exists.
d. Mr. Y cannot recover the deficiency after the auction sale.
17. The benefit of “exclusion” is available in a contract of
a.
b.
c.
d.
guarantee
suretyship
pledge
antichresis
18. Mr. Seller and Mr. Buyer orally agreed on the following:
(i) the land to be sold has an area of 10,000 sq. meters; (ii) price is P5 million;
and (iii) Mr. Seller shall prepare the deed of sale. With fraudulent intent, Mr.
Seller knowing the inadequacies of Mr. Buyer with respect to numbers wrote
1,000 sq. meters instead of 10,000 sq. meters. The sale is
a.
b.
c.
d.
void
voidable but the contract may be reformed
valid but the instrument may be reformed
valid but the contract may be reformed
19. Mr. X promised to deliver a specified dog named “Auger” to Mr. Y on April 29,
2005.On the due date, no dog was delivered. Which is not correct?
3
a. If the dog died on April 30 without anyone’s fault, Mr. X shall be
liable to Mr. Y by reason of delay.
b. Mr Y shall bear the loss because of res perit domino.
c. Mr. Y shall bear the loss because of genus nunquan perit.
d. Mr X shall bear the loss because of genus nunquan perit.
e. No one shall bear the loss.
20. No. 1 – The mortgagor in a real estate mortgage may sell the property
mortgaged despite a prohibition to that EFFECT.
No. 2 – If there is a balance after the foreclosure sale in a chattel mortgage
arising he deficiency cannot be recovered.
a. Both are true.
b. Both are false.
c. No. 1 is false; No. 2 is true.
d. No. 1 is true; No. 2 is false.
21. No. 1 – The laws governing deposits govern the relationship between a bank
depositor and a bank.
No. 2 – A creditor may be compelled to receive a certified check in payment of
a loan.
a.
b.
c.
d.
Both are false.
Both are true.
No. 1 is true; No. 2 is false.
No. 1 is false; No. 2 is true.
22 .Mr. X lost heavily in a private gambling with Mr. Y. He still owes Mr. Y
P250,000 representing losses. Which is not true?
a. The wife of Mr. X may file a suit to recover the losses if Mr. X
refuses to file the suit.
b. Mr. Y has the obligation to return the losses of Mr. X.
c. Mr. X is estopped from recovering his losses.
d. Mr. Y cannot collect the unpaid losses of Mr. X.
23. Mr. X, without the authority of Mr. Y, owner of a car, sold the same car in the
name of Mr. Y to Mr. Z. The contract between Mr. X and Mr. Z is
a. void because of the absence of consent from the owner, Mr. Y.
b. valid because all of the essential requisites of a contract are
present.
c. unenforceable because Mr. X had no authority but he sold the car
in the name of Mr. Y, the owner.
d. rescissible because the contract caused lesion to Mr. Z.
24. Mr. MO executed a real estate mortgage over his land in favor of Mr. ME as
security for a substantial loan he obtained from the latter. The mortgage
agreement provided for a “first refusal clause”, i.e., Mr. MO, is obligated to
offer the property first to Mr. ME in case he decides to sell the property
mortgaged. Which of the following statements expresses a correct legal
principle?
a. As long as the mortgage exists, Mr. MO has no right to sell his
property to anyone.
b. Mr. MO may sell the property mortgaged with the consent of Mr.
ME.
4
c. A violation of the “right of first refusal clause” will make the contract
entered into by Mr. MO with anyone, void abs initio.
d. A violation of the ‘right of first refusal clause” will make the contract
entered into by Mr. ME rescissible
25. Which of the following contracts are void?
a. An oral sale of a parcel of land.
b. A sale of land by an agent in a public instrument where his authority
from the principal is oral.
c. A donation of a wrist watch worth P4,500.
d. A relatively simulated contract.
26. Which of the following expresses a correct principle of law?
a. Failure to disclose facts when there is a duty to reveal them, does
not constitute fraud.
b. Violence or intimidation does not render a contract annullable if
employed not by a contracting party but by a third person.
c. A threat to enforce one’s claim through competent authority, if the
claim is legal or just, does not vitiate consent.
d. Simulation of a contract always results in a void contract.
27 .Mr. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million.
The offer was orally accepted. By agreement, the land was to be delivered
(through execution of a notarized deed of sale) and the price was to be
paid exactly one-month from their oral agreement.
a. If Mr. X refuses to deliver the land on the agreed date despite
payment by Mr. Y, the latter may not successfully sue Mr. X
because the contract is oral.
b. If Mr. X refuses to deliver the land, Mr. Y may successfully sue for
fulfillment of the obligation even if he has not tendered payment of
the purchase price.
c. The contract between the parties is rescissible.
d. The contract between the parties is subject to ratification by the
parties.
28. Which of the contracts below are rescissible?
a. Those entered into by guardians whenever the wards whom they
represent suffer lesion by more than one third of the value of the
object subject matter thereof.
b. Those entered into by guardians in the above when the lesion
suffered is one fourth of the value of the property.
c. Those undertaken in fraud of creditors even if the latter has other
means to collect the debt.
d. Those where the contract is absolutely simulated.
29. Which of the following reflects a correct legal principle?
a. A, B, and C, are co-owners of a three-hectare orchard. If A decides
to sell his share to B, C has a right of redemption.
b. A and B are adjoining owners of a rural land. Each land has an
area of half a hectare. If B sells his land to D who does not own any
rural land, C has a right of redemption.
5
c. If the right to repurchase is not exercised within the period agreed
upon, a judicial order is necessary to consolidate ownership on the
buyer.
d. A contract of sale is not a mode of acquiring ownership.
30. Mr. S sold his land to Mr. B with a right to repurchase within ten years from
the date of sale. Despite the lapse of the period of redemption, no such
redemption was made.
a. Ownership of the land was consolidated on Mr. by virtue of the
failure to redeem by Mr. S.
b. Ownership of the land will be consolidated only upon the
registration of the sale with the registry of deeds.
c. Ownership of the land will be consolidated only upon a judicial
order.
d. Ownership will be consolidated only with the consent of Mr. S.
31. Mr. S sold a banana plantation to Mr. B for P3 million although its market
value is P20 million. It was agreed that Mr. S shall remain in possession as
lessee of the land and shall be responsible for the real estate taxes.
a.
b.
c.
d.
The contract gives rise to an action for rescission.
The contract gives rise to an action for annulment.
The contract is a sale.
The contract is presumed to be an equitable mortgage.
32. A and B are capitalist partners, with C as an industrial partner. A and B
contributed P15, 000.00 each to the capital of the partnership. A
contractual liability of P40, 000.00 was incurred by the partnership in favor
of X. If the capital assets have been exhausted to pay X, leaving a
contractual liability of P10, 000.00, X can recover the amount from:
a. A and B only
b. A, B and C
c. A, B and C and C can recover for reimbursement from
A and B
d. No reimbursement may be recovered by C.
33. A, B and C are partners engaged in a retail business. Their contribution is
P20, 000.00 each. D is admitted as a new partner with a contribution of P8,
000.00. At the time of his admission, the partnership has an outstanding
obligation to E in the amount of P80, 000.00. In this case:
a. D is not liable to E for this obligation and his P8,000 contribution
shall remain with the partnership
b. D is liable to E for this obligation so that after the assets of the
partnership amounting to P68, 000.00 will be exhausted leaving a
balance of P12, 000.00, only A, B and C shall be liable jointly or pro
rata, out of their separate property.
c. D is liable to E for this obligation so that after the assets of the
partnership will be exhausted, leaving a balance of P12,000.00, all
the partners shall be liable jointly or pro rata, including D, out of
their separate property.
d. D will be liable only if he knew of the liability of P80,000 at the time
he joined the partnership.
6
34. Mr. Ayco offered to sell his land to Mr. Cruz for P300,000. Mr. Cruz accepted
the offer and paid Mr. Ayco the purchase price. Mr. Ayco delivered the
owner’s duplicate of the Transfer Certificate of title of the land. Mr. Cruz
wants to register the land in his name but the Register of Deeds asks Mr.
Cruz for the Deed of Sale. What can Mr. Cruz do?
a. He may occupy and use the land as a buyer in good faith.
b. He cannot compel Mr. Ayco to return the payment because the
contract is unenforceable.
c. He may compel Mr. Ayco to execute the Deed of Sale because the
contract is valid.
d. He may sue Mr. Ayco to return the purchase price under the legal
principle that no one may enrich himself at the expense of another
35.Andrea wrote Bernardo a letter offering to sell a piece of land. Andrea gave
Bernardo two months within which to pay the price of P500,000. After 50
days Andrea informed Bernardo that she is increasing the price of the land
to P700, 000. Can Bernardo compel Andrea to accept the P500,000 first
offered and execute the deed of sale?
a. No, because Bernardo did not signify his acceptance of the offer of
P500,000
b. Yes, because the period of 2 months has not yet expired.
c. Yes, because Andrea is already estopped by her signed letter.
d. Yes, because there was actual meeting of minds of the parties.
36. Antonio sold a piece of land to Renato binding himself not to sell the same to another
person. On the following day, Antonio sold the land to Carlos who
immediately
took possession in good faith. In the case at bar, the proper
remedy of Renato is
to:
a.
b.
c.
d.
Institute an action for the annulment of the sale to Carlos.
Institute an action for the recovery of the land.
Institute an action for damages against Antonio.
Institute an action for a declaration of nullity of the sale to Carlos.
37. Mr. Reyes has a tax liability of P100, 000. In order to evade the payment of
the tax liability, he executed a deed of sale of his only parcel of land valued
for P100, 000.00 in favor of his brother, Pablo. The deed of sale stated a
purchase price of P20, 000.00 but the BIR has evidence that said price had
never been paid.
a. The BIR may not levy upon the land because the sale is valid.
b. The BIR, without having the sale annulled may levy upon the land
of (Mr.Reyes pursuant to the Tax Code.
c. The BIR should first have the sale annulled before it may levy upon
the land pursuant.
d. The BIR should first have the sale rescinded for lesion to the
government.
38. Consent is manifested by the meeting of the offer and the acceptance upon
the thing and the cause which are to constitute the contract. Which of the
following constitutes an offer?
a. an definite offer made through an agent
b. business advertisement of things for sale
c. advertisements for bidders
7
d. a declaration of an intent to sell.
39. When goods are delivered to the buyer “on sale or return”, for a period of
seven (7) days, ownership of the goods passes to the buyer,
a.
b.
c.
d.
Upon delivery of the goods.
Upon expiration of seven (7) days.
Upon acceptance by the buyer of the offer of the seller.
Upon perfection of the contract.
40. Ben pledged his watch to V. Y. Domingo for P5,000. On the due date Ben
failed to pay his loan and redeem the watch. The pawnshop sold the watch
at public auction to the highest bidder at P4,000.
a. The pawnshop can recover the deficiency of P1, 000 from Ben.
b. The pawnshop cannot recover the P1, 000 unless there is a
stipulation.
c. The pawnshop can recover the P1, 000 even without a stipulation.
d. The pawnshop cannot recover the P1, 000 even if there is a
stipulation.
41. Mr. X executed a chattel mortgage over his house and lot to Mr. Y. When the
obligation became due, Mr. X did not pay despite demand.
a. Mr. Y has no right to foreclose the mortgage because the house
and lot are not chattels.
b. Mr. Y has no right to foreclose the mortgage unless Mr. X consents
to the foreclosure.
c. Mr. Y has no right to foreclose the mortgage because he can sue
for collection.
d. Mr. Y may foreclose the mortgage because Mr. X is estopped from
claiming the invalidity of the chattel mortgage over the real
property, but foreclosure should be made under the procedure of a
real estate mortgage.
42. Mr. D borrowed P500, 000 from Mr. C with Mr. G as guarantor. When the
debt fell due, Mr. D did not pay despite demand.
a. Mr. C may collect from Mr. G because he guaranteed payment of
the debt.
b. Mr. G may refuse to pay even if Mr. D is insolvent.
c. Mr. G may ask Mr. C to exhaust all the properties of the Mr. D first
before collecting from Mr. G.
d. Mr. G may refuse to pay even if Mr. D has absconded.
43. Every contract of partnership having a capital of three thousand pesos or
more, in money or property, shall appear in a public instrument, which must
be recorded in the Office of the Securities and Exchange Commission.
Failure to comply with this requirement;
a. renders the contract of partnership void.
b. renders the contract of partnership unenforceable.
c. affects the liability of the partnership to third persons and the
partnership has no legal personality.
d. does not affect the liability of the partnership to third persons and
the partnership still has a legal personality.
8
44. X is not a partner of A, B, and C. Without the consent or knowledge of C but
with the implied consent of A and B, X made T believe that he is a partner of
A, B, and C. Who shall be liable for the payment of a debt of P500, 000 in
favor of T who extended credit on the basis of the misrepresentation?
a.
b.
c.
d.
X, A and B pro rata.
X, A and B solidarily.
X, A, B and C pro rata.
X, A, B and C solidarily.
45. Seller wrote Buyer offering to sell his only house for a specified price. The
letter was mailed on the same date it was written. Buyer offered to buy the
same house for the same price and the letter containing the offer to buy
was also mailed on the same date it was written. On the same date and time
Seller and Buyer received the letters written to each other.
a. There is a perfected contract.
b. There is a perfected contract only when they have orally confirmed
their having received the letters written to each other.
c. There is no contract because the offers were not certain.
d. There is no contract because there was no acceptance.
46. Jose went to visit Pablo, a friend one Sunday morning where a card game
was going on. Jose joined the game and lost P50,000. He became
indebted to the winner for P10, 000 more. Which among the following
statements is not correct?
a. The winner cannot maintain an action to collect the P10,000.
b. Jose may recover P50,000 from the winner with legal interest from
the time he paid the amount lost.
c. Jose may recover P50,000 from the winner but without legal
interest.
d. If Jose refuses to recover from the winner, the spouse of Jose may
institute the action to recover.
47. For payment to extinguish the obligation:
a. The thing or service in which the obligation consists must be
completely delivered or rendered.
b. Payment must not have been justifiably refused by the creditor.
c. Payment must be in legal tender.
d. All of the above.
48. Which of the following is most likely incorrect?
a. Mr. D promised to deliver to Mr. C 100 bottles of Japanese red wine
of a specified brand. Without the knowledge of Mr. D, production of
the wine had been stopped. Despite earnest efforts, Mr. D could
only deliver ninety (90) bottles. Mr. O’s obligation is deemed
fulfilled.
b. In the immediately preceding letter (a), Mr. D could recover as
though there had been a delivery of 100 bottles.
c. Mr. D promised to deliver 100 sacks of a certain type of rice. He
delivered only 90 sacks but the obligee did not object to the
incomplete delivery.
The obligation may be deemed fully
performed.
9
d. The creditor cannot be compelled to accept payment or
performance by a third person who has no interest in the fulfillment
of the obligation or unless there is a stipulation to the contrary.
49. Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage
on Debtor’s car. On the due date of the obligation, Creditor is paid by Third
Person who has no interest in the obligation either as guarantor or surety.
There is likewise no stipulation as to Third Person’s right to pay.
a. If Third Person pays without the knowledge or against the will of
Debtor, Third Person may recover P500, 000 from Debtor even if
the debt had been condoned to the extent of ½.
b. If Third Person pays with the Debtor’s knowledge and consent,
Third Person may recover P500, 000 from Debtor even if the debt
had been condoned to the extent of ½. If Debtor fails to pay, Third
Person may foreclose the mortgage on Debtor’s car.
c. Same as letter “b” except that Third Person may not foreclose the
mortgage on Debtor’s car, unless Creditor consents.
d. Same as letter “b” except that Third Person may not foreclose the
mortgage on Debtor’s car because the mortgage was exclusively
constituted in Creditor’s favor.
50. Which among the situations below states a correct principle of law?
a. Third Person pays Debtor’s debt without intending to be reimbursed
by Debtor. The payment will not extinguish the obligation even if
accepted by Creditor if Debtor does not consent to the payment.
b. Third person pays Debtor’s debt without intending to be reimbursed
by (c) Debtor. The payment will extinguish the obligation if Debtor
does not consent to the payment.
c. Debtor is obliged to give Creditor a Rado watch. Since no Rado
watch was available on the due date, Debtor decided to deliver a
watch of a different brand more valuable than the one that is due.
Creditor must accept the watch.
d. D owes C P20, 000. D pays B, brother of C. The payment is not
valid even if it redounded to the benefit of C.
51. Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor
could not pay. Debtor instead offered his TV set worth P20,000 in payment
of the obligation. Creditor agrees.
a. There is no payment because the debt may only be discharged by
the delivery of legal tender.
b. There is payment pursuant to a facultative obligation because of a
substitution.
c. There is dation in payment or dacion en pago.
d. There is payment by cession.
52. Mr. D owes Mr. Y P10, 000. On the due date, Mr. X offers a check in
payment of the obligation.
a. The receipt of the check by Mr. Y extinguishes the obligation if the
check is a certified one because it is as good as cash.
b. The receipt is not equivalent to automatic payment if the check is
not a certified check.
c. Mr. Y has no reason to refuse the check if it’s fully funded as
certified to by the bank.
d. Mr. Y cannot be compelled to accept the check.
10
53. Where the debtor has various debts of the same kind in favor of the same
creditor and on the due date the debtor does not have sufficient funds to
cover all the debts, the debtor may avail of
a.
b.
c.
d.
tender of payment and consignation.
application of payment.
dation in payment.
cession in payment.
54. When the characters of the creditor and debtor are merged in one and the
same person, there is extinguishment of the obligation by,
a.
b.
c.
d.
confusion
compensation
novation
condonation or remission
55. When there is a change in the object or principal conditions, an obligation is
extinguished by
a.
b.
c.
d.
confusion
compensation
novation
condonation or remission
56. It is that currency which the debtor can compel the creditor to accept in
payment of all debts, public or private.
a.
b.
c.
d.
certified checks.
domestic money in any denomination.
legal treasury notes.
legal tender.
57.The extinguishment of an obligation by the passage of time is
a.
b.
c.
d.
fulfillment of a resolutory condition.
prescription.
expiration.
annulment.
58. Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in
Manila. Payment is to be made in
a.
b.
c.
d.
Quezon City, domicile of Mr. Debtor.
Manila, domicile of Mr. Creditor.
Makati City if so stipulated.
The place designated by Mr. Debtor.
59. Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000
due March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor
has only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to
pay P10, 000, the amount shall apply:
a. To the debt chosen by Mr. Creditor.
b. To the debt chosen by Mr. Debtor.
c. To the debt due on February 5 being the oldest debt.
11
d. To the debt due on April 5 if it is an interesting obligation.
60. Mr. Debtor owes fifteen (15) persons substantial amounts of money. His
financial situation indicates that his liabilities for exceed his assets. If Mr.
Debtor cedes or assigns his properties to his creditors,
a. The creditors acquire ownership of the properties assigned or
ceded.
b. The creditors shall sell the properties assigned and when sold, the
debt of Mr. Debtor is deemed paid regardless of whether or not the
net proceeds are equal to or less than the amount of the
indebtedness.
c. The creditors shall sell the properties assigned and when sold, the
debt of Mr. Debtor shall only be released to the extent of the net
proceeds of the sale.
d. The cession or assignment shall extinguish the obligation whether
or not the creditors sell the properties assigned.
61. Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor
delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept
the check.
a. Debtor may make a consignation by depositing the amount due
with any bank and in the name of Mr. Creditor.
b. Mr. Debtor may make a consignation by depositing the amount due
at the disposal of judicial authorities before whom the tender of
payment shall be proved in a proper case.
c. Mr. Debtor has no legal basis for making a consignation.
d. The creditor may be considered in mora accipiendi.
62. As a general rule, consignation must be preceded by a valid tender of
payment. Enumerated below however, are situations which allows a
consignation without a prior tender of payment. Which is the exception?
a. When for any cause, the creditor refuses to give a receipt.
b. When the creditor is absent or unknown, or does not appear at the
place of payment.
c. When two or more persons claim the same right to collect.
d. When the title to the obligation has been lost.
63. Which among the following fails to state a correct legal principle?
a. The debtor in obligations to do shall be released when the
prestation becomes legally or physically impossible without the fault
of the obligor.
b. Whenever the thing is lost in the possession of the debtor, it shall
be presumed that the loss was due to his fault, unless there is proof
to the contrary.
c. An obligation which consists in the delivery of a determinate thing
shall be extinguished in any event it should be lost or destroyed
without the fault of the debtor.
d. Condonation or remission is essentially gratuitous, and requires the
acceptance by the obligor. It may be made expressly or impliedly.
64. Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount
of P100, 000. The debt is secured by a pledge on a ring owned by Mr.
Debtor. Which among the following is most likely correct?
12
a. If on the due date, Mr. Creditor delivers the note to Mr. Debtor
without collecting the debt, there is an implied condonation if the
note is a private instrument.
b. If the debt is condoned by Mr. Creditor, the pledge is not
condoned.
c. If Mr. Creditor returns the thing pledged to Mr. Debtor, the
pledge and the loan are deemed extinguished.
d. If on the due date, Mr. Creditor delivers the note to Mr. Debtor
without collecting the debt, there is an implied condonation if the
note is a public document.
65. For compensation to be proper, the following must be complied with. Which
is the exception?
a.
b.
c.
d.
Both debts consist in a sum of money or of the same kind.
Both debts are due.
Both debts be liquidated and demandable.
Both parties are insolvent.
66. It is the substitution or change of an obligation by another, which extinguishes
or modifies the first either changing its object or principal condition, or
substituting another in place of the debtor, or subrogating a third in the right of
the creditor.
a.
b.
c.
d.
accion subrogatoria
novation
accion pauliano
none of the above
67. Which among the following is not an essential element of an obligation?
a.
b.
c.
d.
Active and passive subjects.
Form of the obligation
Prestation
Juridical tie
68. Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos
a car on a specified date provided the latter pays the former P1 million.
a. The prestation is the car; Mr. Santos is the active subject; Mr.
Oliveros is the passive subject and the juridical tie is the
contract.
b. The active subject is Mr. Oliveros; the passive subject is Mr.
Santos; the juridical tie is the law and the prestation is the giving
of the car.
c. The active subject is Mr. Santos; the passive subject is Mr.
Oliveros; the prestation is the delivery of the car and the juridical
tie is law.
d. The passive subject is Mr. Oliveros; the active subject is Mr.
Santos; the prestation is the delivery of the car and the juridical
tie is the contract.
69. When a party causes damage to another due to his negligent act and such
damage is caused in the course of the performance of a contractual
obligation, the latter is liable to the former on the basis of
a. culpa criminal
13
b. culpa extra contractual
c. culpa contractual
d. culpa aquiliana
70. No. 1 - the same act of negligence of the defendant that causes injury to
another may give rise to a liability based on culpa aquiliana and culpa criminal
and the injured party may recover twice from the same act or omission of the
defendant. No. 2 - When the defendant causes damage to the plaintiff
through the formers fault or negligence, there being no contractual relationship
between them, the basis of the defendant’s liability is a quasi-contract.
a.
b.
c.
d.
Both statements are false.
Both statements are true.
Only No. 1 is true.
Only No. 2 is true.
71. They are lawful, unilateral and voluntary acts that are based on the principle
that no one shall be enriched or benefited at the expense of another.
a.
b.
c.
d.
Quasi-delicts
Quasi-contracts
Culpa contractual
None of the above
72. The quasi-contract of negotiorum gestio requires the following. Which is the
exception?
a. There must be an abandoned or neglected property or business.
b. Someone voluntary takes charge of that abandoned business or
property.
c. The owner must consent to the management of his business or
property by someone.
d. The owner has the obligation to reimburse the expenses of the
person who takes charge of his business or property.
73. Pedro receives a package via Federal Express. When he opened the
package he realized that the same was delivered to him by mistake and that
the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give
the package to Pablo arises from
a.
b.
c.
d.
law
contracts
moral obligations
solutio indebiti
74. Pedro offered to sell to Marita a purported diamond ring which actually was a
stone of inferior quality. Believing it to be a genuine diamond ring, Marita
bought and paid for the ring.
If later on, Marita discovers the
misrepresentation, Marita may:
a.
b.
c.
d.
sue for damages alone because of dolo causante.
sue for rescission.
for annulment because of dolo incidente.
for annulment because of dolo causante.
14
75. Pedro borrowed money from Jose, payable on November 26, 2005. On the
due date of the obligation, Pedro failed to pay. On December 30, 2005,
Pedro paid the debt.
a.
b.
c.
d.
Pedro is in default.
Pedro is not in default.
Pedro is liable for interest.
Pedro is liable for damages.
76. A debt has a maturity date of November 1, 2004. Payment was made on
November 1, 2005 but demand was made on June 1, 2005. If the debtor is
made liable for interest, the interest shall commence to run on
a.
b.
c.
d.
November 1, 2004.
June 1, 2005.
The date the obligation was incurred.
None of the above.
77. Pedro promised to give Jose an orchard planted with mango trees on
November 30, 2005. Before November 30, 2005, what right does Jose have
over the orchard?
a.
b.
c.
d.
Jose has no right.
Jose has a personal right.
Jose has a real right.
Jose has both a personal and a real right.
78. No. 1 - If a person obliged to do something fails to do it, the only remedy of
the obligee is to demand for the payment of damages.
No. 2 - If a person obliged to do something fails to do it, he may be compelled
by court action to fulfill his obligation.
a.
b.
c.
d.
Both are true.
Only No. 1 is true.
Both are false.
Only No. 2 is true.
79. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no
agreed date for delivery and payment. The obligation of Mr. Robles as
seller is:
a. to deliver when Mr. Roxas is ready to pay.
b. to deliver the car immediately because there is already a perfected
contract.
c. to have the contract rescinded because no date is fixed for
performance.
d. to deliver the car immediately because his obligation is pure.
80. In order that fraud may make a contract void able:
a. It may be incidental but both parties should not be in pari delicto.
b. It may be serious and the parties must be in pari delicio.
c. It may be incidental but should have been employed by both
parties.
d. It should be serious and should have not have been employed by
both contracting parties.
15
81. Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable
on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won
PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to
Eusebio. Eusebio refused to accept the payment offered by Gody. Which of
the following statements is correct?
a. Eusebio can be compelled to accept the payment offered by Gody
because the amount being offered is complete.
b. Eusebio can be compelled to accept the payment being offered if
the interest will be reduced.
c. Gody cannot compel Eusebio to accept the amount offered by him
because the period for payment has not yet arrived.
d. None of the above.
82. Which of the following statements is correct?
a. Negligence signifies the idea of delay in the fulfillment of an
obligation.
b. Delay or default means the failure to perform the obligation on the
date agreed upon by the parties.
c. Incidental fraud is one committed in the performance of an
obligation.
d. Proper diligence of a good father of a family means extra-ordinary
diligence.
83. Which of the period in the following cases is intended for the benefit of the
debtor?
a.
b.
c.
d.
Payable on December 31, 2006
Payable before December 31, 2006
Payable on or before December 31, 2006
All of the above
84. While Mr. P was walking along a busy street, he slumped and suffered from
symptoms of a heart attack, and lost consciousness. Mr. D, a heart specialist
saw what happened and through his expertise saved the life of Mr. P. If sued
for Mr. D’s services.
a. Mr. P must pay on the basis of an implied contractual relationship.
b. Mr. P must pay under a quasi-contract.
c. Mr. P has no obligation to pay because he did not ask for Mr. D’s
services.
d. Mr. P has no obligation to pay because the services of Mr. D can
be construed as a voluntary act and hence, a donation.
85. S and B entered into a sale of a four-hectare land for P1 million. S prepared
the Deed of Sale and with fraudulent intent and taking advantage of B'’ failing
eyesight changed the area of the land to reflect an area less than what had
been agreed upon. The remedy of B upon discovery of the fraud is,
a.
b.
c.
d.
Annulment
Reformation of the contract
Rescission
Answer not given
86. Which of the following statements is incorrect?
16
a. The full payment of the price is sufficient to make the buyer the
owner of the thing sold.
b. In a sale, the full payment of the price is a suspensive condition for
the seller to deliver.
c. Delivery of the thing sold is necessary to transfer ownership.
d. Delivery in a real contract is required not for transfer of ownership
but for the perfection of the contract.
87. On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a
specified red car. There was no delivery however, on said date. On June 15,
2000, the garage of the car collapsed because of an earthquake and the car
was totally destroyed. Is Jose Dizon liable?
a. No, because he could plead impossibility of performance due to a
fortuitous event even if he is in default.
b. Yes, because Jose Dizon is in legal delay.
c. No, because there was no demand and the car was lost through a
fortuitous event.
d. Yes, because there is a perfected contract.
88. Seller wrote a letter to Buyer offering to sell a piece of land for P500,000.
Seller gave Buyer two months to decide and pay the purchase price. Before
the lapse of two months, Seller wrote Buyer that the price is now P700,000.
Buyer insisted on an acceptance for P500,000. He wants to compel Seller to
execute a deed of sale for the original offer of P500,000. May the Seller be
compelled to honor the P500,000 offer?
a.
b.
c.
d.
No, because Buyer did not accept the original offer.
Yes, because two months have not yet elapsed.
Yes, because Seller is estoppel by his original letter.
Yes, because there was a meeting of the minds.
89. Santos owes Maria P5 million. The debt is secured by a mortgaged on the
house of Santos.
No. 1 - If before the due date, the security is lost through no one’s fault,
Maria can declare the debt due and demandable even before the original
maturity date.
No. 2 - If the house was burned up to 25% its value through the fault of
Santos, the debt may be declared due by Maria even before the original
maturity date but she cannot do so if the impairment was without the fault of
Santos.
a.
b.
c.
d.
Both are correct.
No. 1 is correct; No. 2 is wrong.
No. 1 is wrong; No. 2 is correct.
Both are wrong.
90. Alonzo offered to sell to Bernardo a parcel of land at a specified price.
Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo
agreed to the period.
a. Before the lapse of sixty days, Alonzo may withdraw the offer or
increase the price.
b. Before the lapse of sixty days no withdrawal can be made but the
price may be increased.
17
c. No withdrawal can be made before sixty days because the period is
binding.
d. No withdrawal can be made because there is already a perfected
option contract.
91. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a
pick-up truck, or a van, all of which are specific.
No. 1 - If the car and the pick-up truck were lost through Jose’s fault, he
has no choice but to deliver the van; If the van was lost through a fortuitous
event before delivery, the obligation is extinguished and Jose is not liable.
No. 2 - If the pick-up truck and the car were lost through a fortuitous event,
Jose has no choice but to deliver the van; if before delivery, the van was lost
because of Jose’s fault, he is liable.
a.
b.
c.
d.
Both Nos. are true.
No. 1 is false; No. 2 is true.
Both Nos. are false.
No. 2 is true; No. 1 is false.
92. In case of losses, the industrial partner shall,
a.
b.
c.
d.
Share in the losses in any event.
Shall share in the losses only if there is a stipulation.
Shall not share in the losses even if he contributes capital.
Shall not share in the losses except if he contributes capital also.
93. Every contract of partnership having a capital of three thousand pesos or
more, in money or property, shall appear in a public instrument, which must
be recorded in the Office of the Securities and Exchange commission.
Failure to comply with this requirement;
a. Renders the contract of partnership void.
b. Renders the contract of partnership unenforceable.
c. Affects the liability of the partnership to third persons and the
partnership has no legal personality.
d. Does not affect the liability of the partnership to third persons and
the partnership still has a legal personality.
94. A and B are partners in A & B Partnership. A owns two parcels of land which
he contributed to the partnership. B owns six trucks which he contributed to
the partnership. The profits of the land and the trucks were also included as
contributions. The properties contributed are all what A and B own. The
partnership is:
a.
b.
c.
d.
Universal
Universal partnership of all present property
Universal partnership of all profits
Particular partnership
95. X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After
five years of operations, the partnership incurred debts in favor of third
persons totaling P5 million. The total partnership assets is P3 million. Who
among the partners shall be liable with their separate property in favor of
creditors?
a. X and Z for P1.5 million each because they are general partners
b. X, Y and Z for P1 million each
18
c. X, Y, and Z depending upon their capital contribution.
96. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously
injured when the bus fell into an embankment because of the negligence of
the bus driver. Which of the following statements is more likely in accordance
with accepted legal principles?
a. Mr. P may initiate a criminal action against Allied Bus Lines.
b. Mr. P may initiate a civil action against Allied Bus Lines based on a
breach of contract theory only.
c. Mr. P may initiate a criminal action only against the driver of the bus.
d. Mr. P may initiate a civil action for damages on a quasi-delict theory
against the driver of the bus.
97. Which of the following is correct?
a. The debtor always loses the right to make use of the period whenever
he becomes insolvent.
b. The right to rescind a contract in a reciprocal obligation must always be
stipulated,
c. In a contract to sell, the seller retains ownership of the thing sold until
the condition of full payment is fulfilled.
d. In a contract of sale, delivery does not always transfer ownership.
98. Which of the following is correct?
a.
b.
c.
d.
A rescissible contract arises whenever the debtor defrauds the debtor.
Fraud is always a ground for annulment of a contract.
In a pledge, the thing pledged may be in the custody of a third person.
Services may be the object of a contract of sale.
99. Which of the following is correct?
a. The disposition by the debtor of his assets to the prejudice of the
creditor is void.
b. A relatively simulated contract is void.
c. An unenforceable contract is void.
d. A voidable contract produces legal effects.
100. Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously
injured when the bus fell into an embankment because of the negligence of
the bus driver. Which of the following statements is more likely in accordance
with accepted legal principles?
101.
a. Mr. P may initiate a criminal action against Allied Bus Lines.
b. Mr. P may initiate a civil action against Allied Bus Lines based on a
breach of contract theory only.
c. Mr. P may initiate a criminal action only against the driver of the bus.
d. Mr. P may initiate civil action for damages on a quasi-delict theory
against the driver of the bus.
e.
What is the legal concept of possession?
a. The holding of a thing or the enjoyment of a right
b. It is material occupation or by the fact that the right or property is
subjected to the will of the claimant
19
c. The gathering of the products and the act of planting on the land
d. All of the above
102.
Can it be argued that the Martial Law has the effect of tolling the
prescriptive period for the annulment of avoidable contract?
a. Yes, it has the effect of a force majeure, as such it suspends the
running of the prescriptive period
b. No, it cannot be argued that Martial Law has the effect of a force
majeure which in turn works to suspend the running of the prescriptive
period
c. Yes, as long as the calling of the same was valid and constitutional
d. None of the above
103.
Which is not an element of Novation?
a. The new obligation is laid down in unequivocal terms
b. The new and the old obligations must be on every point incompatible
with the other
c. Each of the obligations must have its independent existence
d. If they are compatible, the new obligation novates the first
104. Nik sold to Paul a real property payable in monthly installments within a 5
year period, Paul was only able to pay 14 monthly installments, after the 60
day grace period and after 30 days of Paul’s receipt of the notice and letter
calling for the rescission of the contract Nik rescinded the same. Paul
contended that there was an automatic rescission done by Nik, hence, the
same was void. Give the best answer.
a. The rescission done by Nik was in faithful compliance with the Maceda
Law, as the grace period and the sending of notices was complied
before rescission
b. The rescission done by Nik was void as it fell short on compliance with
the law, as the notices sent by the latter would not suffice the
requirement of a notarial act.
c. Paul has a right to demand payment for damages caused by the
automatic rescission done by Nik, the same being void under RA6552
d. Answer not given
105.
Under a contract of guaranty, may the benefit of excussion be waived?
a. Yes, a person may waive the benefit of excussion especially when the
contract states that his liability shall be direct and immediate without
any need to take steps to exhaust legal remedy
b. No, the benefit of excussion cannot be waived; it is expressly provided
that the creditor must first exhaust all the properties of the debtor. The
benefit of excussion serves to protect the guarantor from unscrupulous
debtors
c. Yes, the benefit of excussion may be waived provided the person
owning such benefit, has sufficient properties to cover the debt
d. No, it may not be waived by reason of public policy and commercial
convenience
106.
May a mortgagor’s liability on labor claims be transferred to the
mortgagee-creditor?
20
a. Yes, after the mortgagee-creditor had foreclosed the assets of the
mortgagor-debtor, the labor liability claims are deemed transferred to
the latter.
b. No, the responsibility for the liabilities by the mortgagor towards his
employees cannot be transferred via an auction sale to a purchaser
who is also the mortgagee-creditor of the foreclosed assets.
c. No, the mortgage constitutes a lien on the determinative properties of
the employer-debtor, because it is specially preferred credit to which
worker’s monetary claims is deemed subordinate
d. “B’ and “C” only
e. none of the above
107.
Which of the following is not a form of an equitable mortgage?
a. The consideration has been proven to be unusually inadequate
b. The supposed vendor has remained in the possession of the property
even after the execution of the instrument
c. The alleged seller has continued to pay the estate taxes on the
property
d. The alleged seller has planted crops and other agricultural products on
the property under an agricultural leasing contract between them
108. Article 1157 at the Civil Code enumerates the different sources of obligation.
This enumeration is exclusive.
a. True
b. False
c. None of the above
109. A court is empowered to ignore an unreasonable contract for attorney’s
compensation although it is not shown to be contrary to morality or public
policy.
a. True
b. False
c. None of the above
110. A part can recover damages incurred during the period of negotiation,
even if the contract is not finally perfected as long as there was a definite offer
made by the other party who, without any valid reason, withdrew from the
negotiations.
a. True
b. False
c. None of the above
111. A contract is binding between the parties notwithstanding the absence of a
law that governs it, as long as it is not contrary to morals, good customs,
public policy, or public order.
a. True
b. False
c. None of the above
112. An obligation to pay can arise from certain lawful, voluntary and unilateral
act which did not benefit anyone or which did not cause damages to another
person.
21
a. True
b. False
c. None of the above
113. The guardian of an imbecile shall be civilly liable as principal for the crime
committed by the imbecile alone.
a. True
b. False
c. None of the above
114. The service of the subsidiary imprisonment of an insolvent offender shall
extinguish his civil liability.
a. True
b. False
c. None of the above
115. The rule that once a criminal action is filed the civil action is suspended is
absolute.
a. True
b. False
c. None of the above
116. When “A” promises to deliver to “B” one of his present antique ears, he is
confined to deliver only any of the antique cars that presently belong to him.
a. True
b. False
c. None of the above
117. When “A” promises to deliver to “B” any car, he has the obligation to
preserve his car with due car.
a. True
b. False
c. None of the above
118. The lose of a determinate thing extinguishes the obligation to deliver by
the obligor who is guilty of fault or delay.
a. True
b. False
c. None of the above
119. In an obligation to do or to render service, the oblique may impose
personal force or coercion to compel the obligor to comply with his obligation.
a. True
b. False
c. None of the above
120. There is debtors fault in real obligation when a creditor demands the
delivery of a thing not yet due.
a. True
22
b. False
c. None of the above
121. A person who in the performance of his obligation is guilty of fraud,
negligence or delay is liable for damages.
a. True
b. False
c. None of the above
122. A waiver made in advance not to file an action for damages based on
future fraud in the performance of an existing obligation is void.
a. True
b. False
c. None of the above
123. The diligence of a good father of the family is the fixed degree or standard
of care required in circumstances.
a. True
b. False
c. None of the above
124. The theft of a thing is considered force majeure which results in the
extinguishment of an obligation to deliver the stolen thing.
a. True
b. False
c. None of the above
125. The rule that no person is responsible for a fortuitous event applies even
in an obligation to deliver a horse.
a. True
b. False
c. None of the above
126. An obligation in a contract which arises upon the death of one of the
parties is classified as conditional obligation.
a. True
b. False
c. None of the above
127. An obligation where the period of payment is subject to the will of the
debtor or obligor is void.
a. True
b. False
c. None of the above
128. The court can fix the period when the obligation is subject to the sole will
of the debtor.
a. True
b. False
23
c. None of the above
129. An obligation subject to a resolutory condition is immediately demandable
but is extinguished upon the happening of the condition.
a. True
b. False
c. None of the above
130. If an injured party in a contract has demanded rescission, he later may ask
for performance. However, of he seeks performance, he can no longer seek
for rescission of the contract.
a. True
b. False
c. None of the above
131. The court may fix the period of payment when the duration depends upon
the will of the debtor like in: “When my means permit me to do so”, or “as
soon as possible”, or “as soon as I have money”
a. True
b. False
c. None of the above
132. A debtor shall lose every right to make use of the period when he attempts
to abscond.
a. True
b. False
c. None of the above
133.
In facultative obligations, only one thing is due but the debtor has reserved
the right to substitute it with another. Consequently, the loss of the
substitute extinguishes the obligation.
a. True
b. False
c. None of the above
134. When two or more persons are liable under a contract or under a
judgment to presumption is that their obligations is solidary and each debtor is
liable for the entire obligations.
a. True
b. False
c. None of the above
135. A subject matter if an obligation may be physically divisible but maybe
deemed indivisible by law or by the intention of the parties.
a. True
b. False
c. None of the above
24
ANSWER KEY IN CIVIL LAW REVIEW ll
1. B
49. B
97. C
2. B
50. D
98. C
3. D
51. C
99. D
4. B
52. D
100. C
5. C
53. B
101. D
6. C
54. A
102. B
7. C
55. A
103. D
8. D
56. D
104. B
9. C
57. B
105. A
10. B
58. A
106. D
11. B
59. B
107. D
12. E
60. C
108. B
13. A
61. C
109. A
14. D
62. A
110. A
15. A
63. C
111. A
16. D
64. A
112. B
17. A
65. D
113. A
18. C
66. B
114. A
19. C
67. B
115. B
20. D
68. B
116. A
21. A
69. C
117. B
22. C
70. D
118. B
23. C
71. D
119. B
24. D
72. C
120. B
25. B
73. D
121. A
26. D
74. B
122. A
27. D
75. B
123. B
28. A
76. B
124. B
29. D
77. A
125. B
30. C
78. C
126. B
25
31. D
79. A
127. A
32. A
80. D
128. B
33. B
81. C
129. A
34. C
82. C
130. B
35. A
83. B
131. A
36. C
84. B
132. A
37. B
85. D
133. A
38. A
86. A
134. B
39. B
87. C
135. B
40. A
88. A
41. D
89. A
42. C
90. A
43. D
91. A
44. A
92. D
45. D
93. D
46. C
94. B
47. D
95. C
48. B
96. D
26