Compilation OF Questions ON LAW PDF

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COMPILATION OF QUESTIONS The following are the requisites of an obligation, except: A. Passive subject, debtor or obligor B. Active subject, creditor or oblige C. Efficient cause D. Demand Answer: D Obligations may arise from any of the following, except: A. Law B. Prestation C. Quasi-contracts D. C...

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COMPILATION OF QUESTIONS 1. The following are the requisites of an obligation, except: A. Passive subject, debtor or obligor B. Active subject, creditor or oblige C. Efficient cause D. Demand Answer: D 2. Obligations may arise from any of the following, except: A. Law B. Prestation C. Quasi-contracts D. Contracts Answer: B 3. It is the voluntary administration of the property of another without his consent. A. Contract B. Quasi-contract C. Negotiorum gestio D. Solutio indebiti Answer: C 4. It is a wrong committed without any pre-existing relations between the parties. A. Quasi-contract B. Crime C. Civil obligation D. Quasi-delict Answer: D 5. Unless the law or the stipulations of the parties require another standard of

care, every person obliged to give something is also obliged to take care of it with: A. Extra-ordinary diligence B. Diligence of a father of a good family C. Good diligence of a father of a family D. Diligence of a good father of a family Answer: D 6. The creditor has a right that is enforceable against a definite passive subject. The right is known as: A. Personal right B. Natural right C. Real right D. Civil right Answer: A 7. It is a thing that is particularly designated or physically segregated from all others of the same class: A. Generic thing B. Determinate thing C. Indeterminate thing D. Real thing Answer: B 8. One of the following is a determinate thing. Which is it? A. A horse B. A cow C. A Toyota car with engine no. 54321, body no. 09876 and plate no. BJM 150 D. An bracelet with diamond embellishment Answer: C

9. Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. Which is it? A. When it was stipulated by the parties that demand need not to be made B. When the law provides that demand need not be made C. When the obligation does not indicate whether demand must be made or not on due date D. When time is of the essence of the contract Answer: C 10. This refers to delay on the part of the creditor. A. Mora solvendi ex re B. Compensation morae C. Mora solvendi ex re personae D. Mora accipiendi Answer: D 11. There shall be no liability for loss due to fortuitous events in one of the following cases. Which is it? A. When the debtor delays B. When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events C. When the nature of the obligation requires the assumption of risks D. When the obligation is to deliver a determinate liability of the debtor in

case of loss due fortuitous events

to

Answer: D 12. The following are the remedies of the creditor to pursue his claims against the debtor, except to: A. Pursue the property owned and in possession of the debtor B. Exercise all the rights and bring all the actions of the debtor (accion subrogatoria) C. Impugn the acts which the debtor may have done to defraud his creditor (accion pauliana) D. Compel the debtor to perform the service in obligations to do Answer: D 13. D borrowed Php80,000.00 from C. C dies before he has collected the debt leaving S, his son, as heir. Which of the following statements are correct? A. S can collect from D although D and C did not agree that the credit right will pass on to the heirs of C B. S cannot collect because the credit right is personal to C C. S can collect only if D and C agreed that the credit right will pass on the heirs of C D. S cannot collect because the law prohibits the

transmission of the credit right Answer: A 14. X is obliged to give Y a specific car if C passes the CPA Licensure Examination. X’s obligation is an example of: A. A pure obligation B. An obligation with a suspensive condition C. An obligation with a resolutory condition D. An obligation with a period Answer: B 15. One of the following obligations is not immediately demandable. A. Pure obligation B. Obligation with resolutory condition C. Obligation with an in diem period D. Obligation with an ex die period Answer: D 16. One of the following is a void obligation: A. D is obliged to give C Php5,000.00 if C does not go to the moon. B. D is obliged to give C Php5,000.00 if D goes to Baguio. C. D is obliged to give C Php5,000.00 if C goes to Baguio D. D is obliged to give C Php5,000.00 if D wins first prize in the sweepstakes on a ticket

that he had purchased.

already

Answer: B 17. D is obliged to give C Php10,000.00 if X dies. This is an example of: A. An obligation with a suspensive condition B. An obligation with a resolutory condition C. An obligation with a period D. A pure obligation Answer: C 18. When the debtor binds himself to pay when his means permit him to do so, the obligation is: A. An obligation with a resolutory condition B. A pure obligation C. An obligation with a suspensive condition D. An obligation with a suspensive period Answer: D 19. Whenever a period is designated in an obligation, the said period shall be presumed to have been established for the benefit of: A. The creditor B. The debtor C. Both the debtor and the creditor D. Neither of the parties Answer: C 20. The debtor shall lose the right to make use of the

period in the following cases, except: A. Becomes insolvent B. Violates any undertaking in consideration of which the creditor agreed to the period C. Attempts to abscond D. Does not furnish any guaranty or security to the creditor Answer: D 21. An obligation ceases to be alternative and becomes a simple obligation in the following cases, except when: A. The debtor has communicated his choice to the creditor B. The right of choice has been expressly granted to the creditor and his choice has been communicated to the debtor C. Among the several prestations that are due only one is practicable D. Three prestations are due but one of them is unlawful or impossible Answer: D 22. D is obliged to give C a specific watch, a specific ring, or a specific bracelet. The parties agreed that C will have the right to choose the thing which will be given to him. Before C could make his choice, the watch and the ring are lost through D’s

fault, successively. What is the right of C? A. C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring plus damages. B. C cannot choose the price of the watch or the price of the ring because the said objects have already been lost. C. C can only choose to have the bracelet because anyway, D can still perform his obligation. D. C can only choose to have delivery of the bracelet or the price of the ring which was the last item that was lost plus damages. Answer: A 23. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as substitute. Which of the following statements is true? A. If the ring is lost through a fortuitous event before substitution, the obligation is extinguished. B. If the bracelet is lost through a fortuitous event before substitution, the obligation is extinguished. C. If the ring is lost through a fortuitous event after substitution, the obligation is extinguished. D. If the ring is lost through the debtor’s fault after substitution, the debtor shall pay damages.

Answer: A 24. A, B, C and D are obliged to give V, W, X, Y and Z Php20,000.00. A. V may collect from A Php20,000.00. B. V may collect from A Php5,000.00. C. V may collect from A Php1,000.00. D. V may collect from A Php4,000.00. Answer: C 25. A, B, C and D, joint debtors, are obliged to give V, W, X, Y, and Z, solidary creditors, Php20,000.00. A. V may collect from B Php20,000.00. B. V may collect from B Php4,000.00. C. V may collect from B Php5,000.00. D. V may collect from B Php1,000.00. Answer: C 26. A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, joint creditors, Php20,000.00. A. V may collect from C Php20,000.00. B. V may collect from C Php4,000.00. C. V may collect from C Php5,000.00. D. V may collect from C Php1,000.00. Answer: B 27. A, B, C and D, solidary debtors, are obliged to give

V, W, X, Y and Z, solidary creditors, Php20,000.00. A. V may collect from D Php20,000.00. B. V may collect from D Php4,000.00. C. V may collect from D Php5,000.00. D. V may collect from D Php1,000.00. Answer: A 28. A, 25, B, 35, and C, 17, are solidary debtors of X in the amount of Php9,000.00 A. X may collect from A Php9,000 B. X may collect from A Php6,000 C. X may collect from A Php1,000 D. X may collect nothing because the obligation is voidable, C being a minor. Answer: B 29. The following obligations are divisible, except an obligation: A. To give definite things B. Which has for its object the execution of a certain number of days of work C. Which has for its object the accomplishment of work by metrical units D. Which by its nature is susceptible Answer: A 30. In obligations with a penal clause, the creditor as a rule may recover from the debtor in case of breach the following:

A. The penalty as agreed upon, plus damages and interest B. The penalty and damages C. The penalty and interest D. Only the penalty Answer: D 31. Consider the following statements. I. The nullity of the principal obligation carries with it the nullity of the penal cause. II. The nullity of the principal obligation does not carry with it the nullity of the penal cause. III. The nullity of the penal cause carries with it the nullity of the principal obligation. IV. The nullity of the penal cause does not carry with it the nullity of the principal obligation. A. Statements I and III are true. B. Statements I and IV are true. C. Statements II and III are true. D. Statements II and IV are true. Answer: B 32. D borrowed from C P50,000. The obligation is secured by chattel mortgage on D’s Toyota car. Subsequently, D paid C P20,000. Unknown to D, T, a third person, pays C P50,000

believing that D still owed C such amount. A. T can recover P50,000 from D. if D cannot pay, T can foreclose the mortgage on D’s Toyota car. B. T can recover nothing from D because he paid C without the knowledge and consent of D. C. T can recover P30,000 from D. if D cannot pay, T can foreclose the mortgage on D’s Toyota car. D. T can recover P30,000 from D. if D cannot pay, T cannot foreclose the mortgage on D’s Toyota car. Answer: D 33. The following statements concerning payment by cession are true, except one. Which is it? A. The creditors became the owners of the properties of the debtor that were ceded to them. B. Payment by cession extinguishes the obligations only to the extent covered by the proceeds of the sale of the debtor’s properties. C. The debtor must be insolvent. D. Cession affects all the properties of the debtor except those exempt from execution. Answer: A

34. D obtained from BTS Bank a loan of P12,000,000 payable at the end of 10 years. Before maturity, an extraordinary inflation supervened causing the value on the debt to fall to P4,000,000 on the date of maturity. On due date, D must pay BTS Bank: A. P12,000,000 B. P4,000,000 C. P36,000,000 D. P3,000,000 Answer: C 35. B borrowed from YG Bank P2,000,000 payable at the end of 5 years. Before maturity, an extraordinary deflation supervened causing the value of the debt to rise to P5,000,000 on the date of maturity. On the due date, B must pay YG bank: A. P2,000,000 B. P5,000,000 C. P800,000 D. P20,000,000 Answer: C 36. The money or currency which the debtor may compel the creditor to accept in payment of a debt, whether public or private, is known as: A. Notes payable to order B. Legal tender C. Bill of exchange D. Mercantile document Answer: B 37. The delivery and transmission of ownership of

a thing by the debtor to the creditor as an accepted equivalent of performance is known as: A. Payment by cession B. Dation in payment C. Application of payment D. Consignation Answer: B 38. B owes V the following debts: P6,000 due on June 12; P6,000 due on June 15; P6,000 due on June 18; and P6,000 due on June 20. All debts are unsecured except the debt due on June 20 which is secured by a pledge of B’s diamond ring to V. By agreement, the benefit of the term on the 4 debts was granted to V. Assuming that B has P6,000 on June 18 and is ready to pay V, which of the following statements is correct? A. B may pay her payment of P6,000 to any of the debts due on June 12, June 15, and June 18 since they are all due as of June 18. B. B may apply her payment only to the debt due on June 20 because it is the most burdensome to her. C. B must apply the payment proportionately to the debts due as of June 18 at P2,000 each D. B may apply the payment to any of the four debts. Answer: A

39. The offer made by the debtor to pay his obligation to his creditor is known as: A. Consignation B. Tender of payment C. Application of payment D. Dation in payment Answer: B 40. Consignation alone without any tender of payment is sufficient in the following cases, except: A. When the creditor is absent or unknown or does not appear at the place of payment. B. When the creditor presents the title to the obligation for collection. C. When without just cause, the creditor refuses to give a receipt. D. When two or more persons claim the same right to collect. Answer: B 41. R owes J P10,000. The obligation is evidenced by a promissory note. Subsequently, J assigned the note to H, H to S, S to V, and V back to R. the obligation of R is extinguished by: A. Compensation B. Confusion C. Condonation D. The obligation is not extinguished because there was no payment. Answer: B 42. In order that condonation may extinguish

an obligation involving a movable property whose value exceeds P5,000A. It is sufficient that the condonation and the acceptance are in writing, even a private one. B. It is required that the condonation and the acceptance be in a public instrument. C. The delivery of the document evidencing the debt is sufficient since the property is movable. D. The condonation and the acceptance may be made orally. Answer: A 43. D borrowed P50,000 from C. Subsequently, D proposed to C that T would assume his (D’s) debt. C accepted the proposal of D. This substitution of debtor is known asA. Expromision B. Delegacion C. Tradition D. Dacion en pago Answer: B 44. L owes Y P10,000 with G as guarantor. Y, on the other hand, owes L P8,000. Both debts are already due but L is insolvent. In this caseA. Y may collect from G P10,000. B. Y may collect from G P2,000 because a guarantor can set up compensation as regards

what the creditor owes the principal debtor. C. Y may collect nothing from G because L is insolvent. D. Y may collect P8,000 from G. Answer: B 45. On July 1, 2019, S obliged himself to give R a specific car if R will not marry A on or before December 31, 2019. The condition of the obligation is a: A. Positive condition B. Negative condition C. Divisible condition D. Impossible condition Answer: B 46. Refer to no. 45. Which of the following statements is incorrect? A. The obligation of S is demandable if R marries A on January 1, 2020. B. The obligation of S is demandable on December 2, 2019 if A dies on the said date and R has not yet married A. C. The obligation of S is demandable if it is already January 1, 2020 and R has not yet married A. D. The obligation is demandable if R married A on December 2, 2019. Answer: D 47. A mode of extinguishing obligations up

to their concurrent amount when two persons are principal debtors and creditors of each other is called: A. Novation B. Payment C. Compensation D. Merger Answer: C 48. Which of the following is not considered a conditional obligation? A. D to pay C P5,000 as soon as D has the same means. B. D to pay C P5,000 if C marries Y. C. D to pay C P5,000 if C tops the CPA Examinations. D. D to pay C if X dies of malaria. Answer: A 49. The distinction between merger and compensation is that in merger: A. The two debts may be payable at different places. B. Two persons are in their own right debtors and creditors of each other. C. The debtor and creditor may agree on the set-off of then debts that are not yet due. D. The debtor and the creditor refer to only one person. Answer: D

50. Legal compensation shall not be proper in three of the following cases. What is the exception? A. Commodatum B. Civil liability arising from criminal offense C. Gratuitous support D. Bank deposit Answer: D 51. One of the following obligations is not demandable at once. Which is it? A. D to give car to C. No date was fixed by the parties for the date of the delivery. B. D to give his car to C until C completes his course in BS Accountancy. C. D to give his car to C until X dies. D. D to give C his car should C enrol in BS Accountancy. Answer: D 52. Maila made a nonnegotiable promissory note with Pia as a 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 extinguished by condonation. B. Maila’s obligation is extinguished by confusion.

C. Maila’s obligation is extinguished by compensation. D. Maila’s obligation is not extinguished because the note is not negotiable. Answer: B 53. D promised to give C 10 sacks of rice when X, C’s father, dies. The obligation of D to C is: A. An obligation with suspensive condition. B. An obligation with resolutory condition. C. An obligation with a period. D. A pure obligation. Answer: C 54. On a certain year, D was obliged under a contract executed on March 1 to deliver an agricultural land to C on April 1. D, however, actually delivered the land and the fruits thereof to C on May 1. C had the right to the fruits of the agricultural land beginning on: A. March 1 B. April 1 C. May 1 D. The period should be fixed by the court so that it can be determined when C is entitled to the fruits. Answer: B 55. Refer to no. 54, C became the owner of the agricultural land and the fruits thereof on:

A. B. C. D.

March 1 April 1 May 1 The period should be fixed by the court so that it can be determined when C is entitled to the fruits.

Answer: C 56. The right of C before the delivery, on one hand, and his right after the delivery, on the other hand, of the agricultural land and its fruits, to him are referred to as: A. Personal right and real right, respectively. B. Real right and personal right, respectively. C. Both are considered as personal right. D. Both are considered as real right. Answer: A 57. Assuming that in no. 54, D did not deliver the land and its fruits to C. Instead, he delivered the same to X, who was in a good faith when he acquired the land and its fruits, on April 30. A. X is the rightful owner of the land. B. C is the rightful owner of the land. C. C has a right of action against X. D. C cannot ask for damages against D. Answer: A

58. The delivery to the creditor of mercantile documents such as checks shall produce the effect of payment: A. Upon the delivery B. When they have been cashed C. When through the fault of the debtor they have been impaired D. When they are deposited in the bank. Answer: B 59. Which of the following statements concerning delay is incorrect? A. There is no delay in obligations not to do. B. Delay, as a rule, exists, when the debtor does not perform his obligation on the date it is due. C. Demand, as a rule, is required, in order for delay to exist. D. When time is of essence of the contract, delay on the part of the debtor exists despite the absence of demand. Answer: B 60. When the debtor and the creditor agree to a dacion en pago (transfer of ownership of property to the creditor to settle a monetary obligation), before such transfer of ownership, there is actually a: A. Compensation B. Confusion C. Condonation

D. Novation Answer: D 61. The delivery of mercantile documents such as checks will produce the effect of payment: A. When through the fault of the creditor they have been impaired. B. Upon delivery of the mercantile document. C. When they are certified by the bank. D. When they are presented to the bank for payment. Answer: A 62. S sold 100 bottles of imported “Fundador” brandy to B who paid immediately the price thereof amounting to P20,000. S promised to deliver the brandy to B within one week ...