LAW EXAM OBLICON PDF

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SUAREZOBLIGATION Statement no. 1: The creditor may be compelled to accept payment in checks as long as the check is negotiable. Statement no. 2: An obligation payable “should the client die of diabetes” is an obligation subject to a period. a. Statement No. 1 is false while statement No is true. b. ...

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SUAREZ OBLIGATION 1. Statement no. 1: The creditor may be compelled to accept payment in checks as long as the check is negotiable. Statement no. 2: An obligation payable “should the client die of diabetes” is an obligation subject to a period. a. Statement No. 1 is false while statement No.2 is true. b. Statement No. 1 is true while statement No. 2 is true. c. Both Statement are false d. Both Statement are true

2. The buyer has the right to the fruit of the thing from: a. The time the thing is delivered b. The time the contract is perfected c. The time the obligation to deliver the thing arises d. The time the fruits are delivered

3. Statement no. 1: Just before the obligation became due and demandable, the debtor proposed to the creditor that he would give him a specific car instead of paying 150,000.00, and which proposal was accepted by the creditor. Here, there is extinguishment of an obligation by way of dacion en pago.

Statement no. 2: After substitution in facultative obligations, the loss of the principal through the fault or negligence of the debtor shall render him liable for damages in favor of the creditor. a. Both are true b. Both are false c. No. 1 is true, No. 2 is false d. No. 1 is false, No. 2 is true

4. Meeting in one person of the characteristics of both the debtor and creditor in one and the same obligation extinguishers the obligation by way of: a. Novation b. Compensation or set-off c. Condonation or remission d. Merger or confusion

5. Consignation alone, as a special form of payment, may extinguish an obligation under any of the following instances. Which is the exception? a. When the creditor is absent, or is unknown or does not appear in the place of payment. b. When the creditor is capacitated to receive payment c. When the creditor refuses to issue receipts d. When there are two or more persons claiming title to one and the same obligation e. When title to the same obligation has been lost

6. Statement no. 1: in alternative obligations, it is the notice of which prestation to perform made by the debtor shall convert the alternative obligation into a pure or simple one.

Statement no. 2: In the case of a joint obligation, the co-debtors may be held liable for the share of an insolvent co-debtor. a. Both Statement are true b. Both statement are false c. Statement no. 1 is true while statement no. 2 is false d. Statement no. 1 is false while statement no. 2 is true

7. An obligation based on positive law and give right to enforce its performance. a. Civil Obligation b. Moral Obligation c. Legal Obligation d. Natural Obligation

8. An obligation wherein various things are due, but the payment of one of them is sufficient to extinguish the obligation is called: a. Simple obligation b. Conjoint obligation c. Alternative Obligation d. Facultative Obligation

9. An obligation wherein various things are due but the complete performance of all of them is necessary to extinguish the obligation a. Facultative obligation b. Conjoint obligation

c. Alternative obligation d. Pure or simple obligation

10. Statement no. 1: “I will give you 10,000.00 if you will not marry X this year”. If by the end of the year, X entered the convent, my obligation is extinguished. Statement no. 2: “I will give you 10,000.00 when my means permit me to do so”. This is a conditional obligation for the benefit of the debtor. a. Both are true b. Both are false c. No. 1 is true; no. 2 is false d. No. 1 is false; no. 2 is true

11. Change of persons or objects: a. Solutio indebiti b. None of the above c. Novation d. Confusion

12. Which of the following is not a ground for the extinguishment of an obligation? a. Remission b. Merger c. Compensation d. Death of creditor e. None of the above

13. S owns an oil painting. Being in need of money, S sold the painting to B for 1,000.00. After the sale S discovered that the painting was valuable and worth 5,000.00. a. B is entitled to the benefit of the contract because it is valid and binding. b. S may annul the contract on ground of error c. S may annul the contract on ground of fraud d. S may rescind the contract on ground of lesion or inadequacy of cause.

14. A and B are jointly and severally liable to C for 20,000.00. A is a minor. a. C can collect 20,000.00 from B b. C can collect 10,000.00 from B c. C can collect 10,000.00 from A that is the share of B. d. C can collect 20,000.00 because minority is not a defense

15. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. This refers to: a. Divisible and Indivisible obligation b. Joint and Solidary obligations c. Pure obligation d. Obligations with a period

16. DR promised to give DE, his grandson, a car if the latter will pass the bar examinations. When his grandson passed the said examinations, which of the following statement is true? a. DR may refuse to deliver because the condition is purely a potestative one. b. The obligation is valid because the condition depends upon the sole will of the debtor. c. Both the obligation and the condition are ineffective because they depend upon the sole will of the donor. d. The obligation is valid although potestative because they depend upon the sole will of the done.

17. A, B and C executed a promissory note worded as follows: “We promise to pay to X, Y and Z the sum of 90,000.00 (Sgd.) A, B and C”. a. A is obliged to pay to X, Y and Z 90,000.00 b. A is obliged to pay to X 30,000.00 c. A is obliged to pay to X 60,000.00 d. A is obliged to pay to X 10,000.00

18. “I’ll give you my car one year after your death.” The obligation is a. Valid because the event is sure to come b. Void, not legally possible c. Valid, the obligation is conditional d. Valid, but disregard the condition.

19. Statement no. 1: D oblige to give a specific car to C on Dec. 20, 2006. If on the date stated D did not comply with his obligation, the next day he is considered in default without the need of demand.

Statement no. 2: S sold to B a specific car for 10,000.00. Both parties promise to comply with their obligations the day after tomorrow. If on the date stated S delivers the car to B, but B is not ready to comply with his obligation, from thereon he is considered in default without the need of a demand. a. Both are true b. Both are false c. No. 1 is true; No. 2 is false d. No. 1 is false; No. 2 is true

20. It refers to joint obligation: a. One which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit. b. One in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation c. One in which either one of the parties is indispensable and the other is not necessary d. One in which the obligation of one is a resolutory condition of the obligation of the other, the non-fulfillment of which entitles the other party to rescind the contract.

21. Conrad and Charlie are jointly indebted to Pete for 100,000.00. Pete assigned his interest to Crispin who assigned it back Conrad. a. The debt is totally extinguished by compensation b. The debt is totally extinguished by merger c. The debt is partially extinguished by compensation d. The debt is partially extinguished by merger

22. In three of the following cases, compensation shall not be proper. Which is the exception? a. Commodatum b. Gratuitous support c. Civil liability arising out of criminal offenses d. Bank deposit

23. The passage of time extinguishing obligations. Which is the exception? a. Prescription b. Fulfillment of resolutory condtion c. Arrival of resolutory period d. Remission

e. Rescission

24. A is indebted to B for 20,000.00. X is the guarantor of A. B is also indebted to A for 8,000.00. how much will X be liable as guarantor if B sues A, and cannot pay? a. 12,000.00 b. 20,000.0 c. 8,000.00 d. X has no liability

25. Statement no. 1: The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value or more valuable than that which is due. Statement no. 2: In dation in payment, ownership of the thing delivered is transferred to the creditor; while in cession, it merely authorizes the creditor to convert the property into cash and out of the proceeds to extinguish the obligation partially. a. Both are true b. Both are false c. No. 1 is true; No. 2 is false d. No. 1 is false; No. 2 is true

26. I will give you specific car if you will marry X this year, 20016. Which of the following statement in incorrect? a. If on December 25, X died, without marriage, my obligation is effective because one party is dead, marriage is impossible to take place. b. If on December 25, X died, without marriage, my obligation is extinguished because one party is dead. Marriage is impossible to take place. c. If the year has ended, no marriage taking place, both parties are alive, just the same my obligation is extinguished because the time indicated has already elapsed d. If you marry X on December, my obligation is to give you the car

27. Mr. Debtor owes Mr. Creditor who has two (2) legitimate children, 50,000.00 payable on December 31, 2006. a. If Mr. Debtor dies before December 31, 2006, Mr. Creditor cannot collect from the heirs of Mr. Debtor. b. If Mr. Debtor dies before December 31, 2006, Mr. Creditor can collect from the heirs of Mr. Debtor.

c. If Mr. Creditor dies, his two (2) legitimate emancipated children cannot recover from Mr. Debtor his obligation. d. If both Mr. Debtor and Mr. Creditor die, the heirs of Mr. Creditor can collect from the heirs of Mr. Debtor.

28. A judicial relation known as negotiorum gestio takes place. a. When a person voluntary takes charge of another’s abandoned business or property without the owner’s consent. b. When something is received and there is no right to demand it and it was delivered through mistake c. When a person is appointed by a court to take the property of business of another. d. None of the above.

29. A owes B 2,000.00 demandable and due on September 10, 2006. B on the other hand, owes A 2,000.00 demandable and due on or before September 30, 2006. If B claims compensation on September 10, 2006, can A rightfully oppose? a. No. B who was giving the benefit of the term, may claim compensation because he could then choose to pay his debt on September 10, 2006 which is actually “on or before September 30, 2006.” b. Yes, A can properly oppose because for compensation to take place, mutual consent of both parties is necessary. c. Yes, A c ab properly oppose and if B still refuses to accept his payment made on September 30, 2006, A can deposit his payment in court. d. None of the above.

30. Statement no. 1: Merger taking place in the person of the guarantor shall extinguish only the secondary contract such as the contract of guaranty but not the principal obligation. Statement no. 2: when the debtor promises to pay his obligation “whenever his means permit him to do so” the obligations is with a period. a. Both statement are true b. Both statement are false c. Statement no. 1 is true while statement no. 2 is false d. Statement no. 1 is false while statement no. 2 is true

31. D obliged himself to paint the house of C or to paint the picture of C, in a standing position, using 10 by 10 canvass. Later because of financial reverses, C sold his house to X. which of the following statement is correct? a. The obligation of D is extinguished because he cannot make a choice. b. D may paint the picture of C c. D may cancel the contract and ask for damages d. None of the above

32. D obliged himself to give a specific car to C on December 25, 2006, stipulating that D is liable even if the thing is lost due to fortuitous event, and without the need of a demand. On the due date, the car got lost due to fortuitous event. Which of the following is correct? a. Obligation remains to subsist, but converted into monetary consideration b. C can compel D to deliver another car c. C can require another person to deliver a car, expenses chargeable to D. d. Obligation is totally extinguished

33. Statement no. 1: The debtor of a thing cannot compel the creditor to receive a different one, although the latter maybe of the same value or more valuable than that which is due. Statement no. 2: In dation of payment, ownership of the thing delivered is transferred to the creditor; while cession, It merely authorize the creditor to convert the property into cash and out of the proceeds to extinguish the obligation partially. a. Both are true b. Both are false c. No.1 is true, no. 2 is false d. No.1 is false, no.2 is true

34. A is obliged to give B his only car on September 1, 2006. On the said date, A did not deliver. On September 2, 2006, an earthquake completely destroyed the car. Is A still liable? a. No. Considering that no demand to deliver was made by B and the specific thing was lost due to fortuitous event, the obligation is extinguished. b. No. the obligation is extinguished, even if the debtor is already in default because the debtor can plead impossibility of performance c. Yes. A is already in legal delay thus the obligation to deliver the lost specific thing is converted into monetary claim for damages.

d. Yes. The creditor can instead demand for a substitute of equivalent value from the debtor.

35. A sold his cow to B for 2,500.00. No date was stipulated for the delivery of the cow. While still in the possession of A, the cow gave birth to a calf. a. A is entitled to the calf because it was born before his obligation to deliver the cow arises. b. A is entitled to the calf as B has not paid the price c. B is entitled to the calf which was born after the perfection of the contract d. B, in order to be entitled to the calf, should pay additional cost for the calf to be agreed upon by both parties.

36. The kind of compensation which may only be raised by the creditor and not by the debtor in the obligation to give gratuitous support: a. Judicial compensation b. Conventional compensation c. Facultative compensation d. Legal compensation

37. Statement no. 1: Legal compensation takes place by operation of law even if the parties may not be aware of it. Statement no. 2: The indivisibility of an obligation necessarily implies solidarity. a. Both statement are true b. Both statement are false c. Statement no. 1 is true while statement no .2 is false d. Statement no. 1 is false while statement no. 2 is true

38. Debtor obliged himself to deliver to creditor 100 cavans of rice on 06/01/2001. On said date, D failed to make delivery despite repeated demands by C. In this case: a. C has no remedy under the law b. C can compel D to deliver 100 cavans of rice plus damages c. C may ask a third person to deliver 100 cavans of rice to him, the value recoverable from D plus damages d. None of the above.

39. The kind of compensation which arises by way of proved counterclaim in a case called:

a. b. c. d.

Legal compensation Voluntary compensation Judicial compensation Facultative compensation

40. Statement no. 1: Payment made to an incapacitated person is good only up to the extent that he was benefited or up to the amount that he was able to keep. Statement no. 2: In obligations arising from quasi-contracts, consent of the parties is not necessary. a. Both statements are true b. Both statements are false c. Statement no. 1 is true while statement no.2 is false d. Statement no. 1 is false while statement no. 2 is true

41. Solidary debtors A, B and C owes joint creditors X, Y, Z and W 12,000.00. X, T and Z can collect from A a. 12,000 b. 6.000 c. 9,000 d. 3,000

42. X, Y and Z solidary bound themselves to pay to solidary creditors A, B and C the amount of 75,000.00. The loan was secured by a mortgage on B’s land. Out of gratuity, A, in a public instrument, renounced the obligation in favor of X, with the formality required by law. In this case, which statement is correct? a. The principal obligation is extinguished b. The real estate mortgage is extinguished c. Both the principal obligation and the mortgage are extinguished by remission d. Both the principal and accessory obligations subsist.

43. Which of the following is not an obligation with a period? a. Payable soonest b. An obligation payable little by little c. Will pay you 10,000.00 “if I like” d. Payable “within 2 years from today” e. All of the above

44. In order that fraud may make a contract voidable a. It may be serious and the parties must be in pari delicto b. It may be incidental but both parties should not be in pari delicto c. It should be serious and should not have been employed by both contracting parties d. It may be incidental but should have been employed by both parties

45. Bernie offered Zo a specific parcel of land at a specified price. Bernie gave Zo 60 days within which to accept. Zo agreed. a. Within 60 days, Bernie cannot withdraw but may increase the price b. There can’t be no withdrawal because the period is binding c. Bernie may withdraw or increase the price within the 60 day period d. There can be no withdrawal because there is a perfected option contract

46. “I will give you this book provided that if I like to have it back, you will return the same to me” a. The obligation is void, because the fulfillment depends upon the will of the debtor b. The obligation is void, because the fulfillment depends upon the will of the creditor c. The obligation is valid, because the condition merely causes the loss of rights already acquired. d. Combination of A and B

47. “I will give you this book provided that if I like to have it back, you will return the same to me” a. The obligation is void, because the fulfillment depends upon the will of the debtor b. The obligation is void, because the fulfillment depends upon the will of the creditor. c. The obligation is valid because the condition merely causes the loss of rights already acquired d. Combination of A and B.

48. The following, except one, are requisites of payment as a mode of extinguishing an ordinary obligation. Which is the exception? a. Complete or full payment b. Payment in due course when the obligation is due and demandable c. Payment using negotiable instrument

d. Payment using legal tender, except if payable in foreign currency.

49. Not ground for damages: a. Culpa b. Bad faith c. Dolo causante d. Mora

50. Fruits as resulting from spontaneous products of the soil without the intervention of human labor, as well as animal offspring are: a. Industrial fruits b. Civil fruits c. Natural fruits d. All of above fruits

CONTRACTS 1. Which of the following can be considered as a feature of a void contract? a. Subject to ratification b. They exist c. Action or defense for nullity is subject to prescription d. None of them 2. L entered into a contract of lease with X. T, the clerk of L, typed the document. Due to T’s negligence, the document made was that of sale instead of lease. a. The remedy is annulment b. Parties may go to court for interpretation c. Parties may enforce their right because it is enforceable d. None of the above 3. These persons are bound by contracts: a. Contracting Parties b. Assigns or Assign c. Heirs d. All of them 4. Who is liable for the loss of the subject matter by fortuitous event? a. Creditor b. Debtor c. Both creditor and debtor d. None of them 5. S offers to sell his house to B for P100, 000. B asks him if he would accept P80, 000. Which of the following is correct? a. Because of ambiguity, both offers are terminated by operation of law. b. B’s response is a counter- offer effectively terminating the P10, 000 offer and instigating a...