Law Reviewer Oblicon Par Cor RFBT PDF

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A and B promise to deliver a particular car to C valued at P200,000. If C demands the delivery from A and B and it is only B who is willing to deliver, which of the following is the right of C? To ask from A the payment of damages. Culpa aquiliana as distinguished from culpa contractual The source o...

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1. A and B promise to deliver a particular car to C valued at P200,000. If C demands the delivery from A and B and it is only B who is willing to deliver, which of the following is the right of C? To ask from A the payment of damages. 2. Culpa aquiliana as distinguished from culpa contractual The source of liability is the defendant’s negligent act or omission itself. 3. Dealino promise to deliver 50 sacks of rice to Cantado on February 14, 2016. On February 6, 2016 Cantado demanded the delivery of the 50 sacks of rice but Dealino did not comply. On February 10, 2016, typhoon “Adrian” visited Bicol region and all the rice stored in the warehouse of Dealino got wet. The obligation of Dealino is not extinguished because he can get 50 sacks of rice from other sources. 4. Dante and Dioscoro are solidarily indebted to Camu for 50,000, Dante is a minor. Which of the ff. statements is false? Dante is liable for 25,000 only 5. D owns a specific of parcel of land and at the same time owes C 100,000 payable on December 25. On due date D failed to pay. The ff. are the rights of C. which is the exception? To support 6. Statement 1: “To Jenny, my love, I obliged myself to give you my one and only carabao when I feel like it.” Statement 2: “To Kristine, my true sweetheart, I obliged myself to pay you the 500,000 I owe you when I feel like it.” Month passed but the promissory never bothered to make good of his signed promises. No. 1 is void and 2 is valid. 7. A, B and C are solidary debtors of X, Y and Z creditors in the amount of 2,700. X renounces the whole obligation without the consent of Y and Z. The debtors accepted the renunciation. The whole obligation is extinguished. 8. D owes C 20,000 with G as guarantor. C on the other hand owes D 15,000. Both debts are already due but D is insolvent, in that case – C may collect from G 5,000 because the guarantor can set up compensation as regards what the creditor may owe the principal debtor.

9. D made a promise to give a ring to C. Before D could deliver a ring to C. C borrowed D’s ring. After a week D demanded the return of the ring that he had lent to C. C refused to return the ring claiming that there was compensation between his obligation to return the ring of D and D’s obligation to give him a ring. Based on the foregoing facts, which of the ff. statements is incorrect? C is entitled to claim compensation. 10. Which of the ff. is not a proper remedy for the creditor? To compel the debtor to perform the obligation, if the obligation is an obligation to do. 11. In which of the ff. independent cases is the payor of the debtor’s debt not subrogated to the rights of the creditor? D owes C 10,000. The debt is secured by a pledge of D’s ring to C. D also owes X, 6,000. X pays C 10,000 without the knowledge of D. 12. Under a contract between D and C, D is obliged to deliver 10 bags of detergent soap to C 10 days after the execution of that agreement. On the due date, D delivered to C 10 bags of the detergent soap which he mixed with chalk. The contact is valid. The fraud employed by D does not affect the validity of the contract but D is obliged to pay damages to C. 13. Three of the ff. statements pertain to natural obligation. Which one does not? There is juridical necessity to perform it. 14. Demand must be made on due date of the obligation in order for delay to exist in one of the ff. cases. Which is it? When the obligation does not indicate whether demand must be made or not on due date. 15. The debtor shall lose the right to make use of the period in the ff. cases, except when he Does not furnish any guarantee or security to the creditor 16. Halk, a taekwondo champion with intimidation forced his wife Matatakutin to sell to him Matatakutin’s properties worth 300,000. The sale is Void except when a separation of property was agreed upon in the marriage settlement or there has been a judicial separation of property. 17. Which of the ff, statements is wrong?

Contracts take effect only between the parties, their assigns and heirs, except in cases where the rights and obligations arising from the contract are transmissible by nature, or by stipulation or by provisions of law. 18. Which of the following contracts is unenforceable? That where one party is incapable of giving a consent. 19. One of the ff. contracts is not vitiated by intimidation or violence and hence valid. A contract where a party was comp elled to assign his property to the other to pay a just debt because the latter threatened to sue him in court if he does not pay his debt. 20. The ff. are characteristics of void or inexistent contracts except. A void contract can be __ by the acceptance of benefits under it by one or both of the parties. 21. S 17 ½ years old sold his bicycle to B, 24 for 12,000. The price is payable for in 12 monthly installments. After reaching 18, S continued to collect the remaining 6 installments until the price was paid in full S may no longer annul the contract with B. 22. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to the law, morals, good customs, public order or public policy. This is known as the principle of Liberty of Contract 23. One of the ff. contracts is not vitiated by intimidation or violence, and hence valid A contract where a party was compelled to assign his property to the other to pay a just debt because the latter threatened to sue him in court if he does not pay his debt. 24. Rescission of contract will prosper in one of the ff. cases. Which is it? When the object of the contract is in the possession of a third person who purchased the property of the debtor in bad faith. 25. The ff. actions must be brought within 10 years from the time the right of action accrues. Which is not? Upon a quasi-contract 26. A take it or leave it contract as the entries are already in the instrument and the parties to the contract either accept or reject it.

Contract of adhesion 27. The store owner hired the services of E as a clerk in the store at the minimum wage. E began to work immediately, although no employment papers were signed by S and E. After 1 year and 2 months without E receiving any compensation except 3 meals and lodging. E demanded payment from S. S refused to pay E on the ground that their contract was unenforceable not being in writing and that the employment already lasted more than a year. The contract is valid and enforceable although not in writing. 28. On March 25, 2015, Orlando and Timoteo entered into a written contract of lease whereby Orlando as lessor, leased the third floor of his building to Timoteo, lessee. The contract provides among other terms and conditions the ff.: (a) The lessee shall give a rental deposit of two months amounting to 40,000, and pay an advance rental deposit of one month amounting to 20,000 upon the execution of the contract; (b) the lessor shall keep the leased premises in tenantable condition throughout the period of the lease which is from April 1, 2016 to March 31, 2016; (c) At the end of the lease period, the lessor shall return the rental deposit to the lessee less any amount of damage that may be caused on the leased premises by the lessee. Timoteo pursuant to the contract gave both the rental deposit and advance rental to Orlando upon the execution of the contract. The contract between Orlando and Timoteo is Bilateral, nominate, onerous and commutative. 29. X donated a parcel of land to Y. Instead of a deed donation, the parties executed a deed of sale, to avoid payment of donor’s tax. Comment 1: The sale is voidable. Comment 2: The parties are bound by their true agreement which is donation. False, True 30. X bought a car from Y for 100,000, payable in 10 monthly installments. They executed a deed of sale. They also executed a contract of loan for the 100,000 selling price and a contract of chattel mortgage, it was stipulated that in case of foreclosure, Y cannot recover the deficiency from X. Comment 1: The stipulation not to recover any deficiency is valid and binding. Comment 2: Y may elect fulfillment upon X’s failure to pay 3 installments. True, True 31. The ff. are the alternative remedies except one available to the buyer in case of breach of warranty by the seller.

Rescind the sale and retain the goods. 32. Statement 1: Sale is an innominate and principal contract. Statement 2: Things subject to a resolutory condition may be the object of the contract of sale. Only statement 2 is correct. 33. S promised to sell his car to B for 200,00, giving B 30 days to decide. B accepted the promise of S and informed S that he (B) would make known his decision before the lapse of 30 days. He also gave S 2,000 as consideration so that S would hold on to his promise. The contract entered into between S and B and the consideration given by B to S are known as Option contract and option money, respectively. 34. B purchased from S a laptop computer worth 100,000. The terms of sale provide for a down payment of 20,000 with the balance payable in 8 equal monthly installments. To secure the balance S required B to execute a chattel mortgage on the laptop computer and a real mortgage on B’s lot. B complied with tall the requirements but defaulted in the payment of third and fourth installments. These remedies are available to S except one. Which is it? Foreclose the chattel mortgage and thereafter foreclose the real mortgage in case of deficiency. 35. D borrowed 50,000 from C. The obligation is secured by a mortgage of D’s house and lot. Thereafter, C assigned his credit right to T. Based on the foregoing facts, which of the ff statements if incorrect? The assignment of the credit right did not carry with it the assignment of the mortgage. 36. S sold a brand-new electric typewriter to B for 20,000 on a credit term of 30 days. The agreement between the parties provides that B may return the typewriter within the same period. Ten days after delivery to B burglars entered the office of B and carried away various valuables including the typewriter, he bought from S. B must pay the price of typewriter to S. 37. Which of the ff. statements is common to both sale on return and sale on trial. In case the thing is lost through fortuitous event after the lapse of the time to keep or return it and the buyer was still in possession of it, the risk of loss is with the buyer. 38. On March 1, 2016, S sold and delivered to B a television set of 10,000 ‘on sale on return’ giving B up to March 10, 2016 within which to return the television set or

pay the price. On March 10, 2016 the television set was burned through no fault of B. Based on the foregoing, which of the ff. statements is incorrect? S must bear the loss since the time for the return of the television set had not yet expired. 39. Three of the ff are the requisites in order that the vendee may enforce the vendor’s liability in case of eviction. Which one is not? The vendee must have appealed from such judgment rendered against him. 40. S the owner of a rent-a-car business leased one of his cars to B for one month. On the day of the expiration of the lease and while B was still in physical possession of the car, B offered to buy the car from S for 200,000. Believing the price to be a good one, S readily accepted the offer and then and there executed a deed of absolute sale in favor of B who immediately paid the price in cash. Thereafter, B drove away from the place of S. The delivery of the car by S to B is by traditio bravi manu. 41. The pledgee has a right to the reimbursement of the expenses for its preservation and is liable for its loss or deterioration. If through the negligence of the pledgee, the thing pledged is in danger of being impaired, the pledgor may require the pledgee of that thing to be deposited with a third person. Yes, Yes 42. A borrowed 50,000 from B and offered his land as way of a mortgage. It is stipulated in the contract that if A fails to pay the debt on time, B shall become the owner of the house. The stipulation is Null and void because it is a pacto comisorio. 43. A owes B 5,000 and as a security, A pledged his diamond ring. Later, A borrowed again 2,000. As a result B has right to retain the ring until the 5,000 is paid. 44. X borrowed money from Y and gave a piece of land as security by way of mortgage. It was agreed between the parties that upon nonpayment of the loan, the land would already belong to Y. If X failed to pay the debt, would Y now become the owner of the land? Y would not become the owner because the agreement that he would become the owner upon default of X is against the law. 45. Alcomendas mortgaged his house and lot in Quezon City to Bongoran. May Alcomendas sell the house and lot to Cabalquinto?

Yes, even if there is a stipulation forbidding the owner from selling the mortgaged properly. 46. Alfelor borrowed P50,000 from Bayani and as security for its payment mortgaged his car to Bayani. Upon failure to pay, Bayani sold the mortgaged chattel but the proceeds did not fully satisfy the secured debt. Can the mortgagee recover the deficiency from the mortgagor? A. No, the provisions on pledge prohibiting recovery will apply. B. No, the provisions of Recto law will apply. C. Yes, there is no such prohibition under the Civil Code although prohibited under the Chattel Mortgage Law. D. Yes, there is no such prohibition under the Civil Code and in the Chattel Mortgage Law 47. There is no implied agency in the following A. The principal delivers his power of attorney to the agent and the latter receives it without any objection. B. The offeree writes a letter acknowledging the receipt of the offer but offers no objection to the agency. C. The offeree begins to act under the authority conferred upon him. D. The offeree receives a letter of authority but did not reply nor acted within the scope of authority conferred upon him. 48. A appoints b as his agent to sell his land. Which of the following is perfectly valid? A. The authority of B is in writing and the sale of the land in favor of C is oral. B. The authority of B from a is by way of offer and B sells the land to C in writing. C. The authority of B is oral and B sells the land to C for P50,000 in a written contract of sale. D. The authority of B is in writing but the sale of the land in writing was made beyond the period expressly set forth by A. 49. Which of the following constitute an act of strict dominion or ownership? A. B. C. D.

To bind the principal to render some service without compensation To sue for the collection of debts To lease real property to another person for six months To make customary gifts for charity

50. Which of the following is not a fundamental obligation if an agent? A. To borrow if he is authorized to lend. B. To subordinate his interest in favor of his principal if there is a conflict of interest C. To render an accounting of the transaction D. Not to carry out the agency even if that is the instruction of the principal if he knew it would result to a loss or damage to his principal. 51. Which of the following cases does not terminate the agency? A. A issued a general power of attorney to B on February 10, 2008, and later issued another power of attorney to C after notifying B. B. A writes his principal giving authority to C to take delivery of sugar in behalf of A without giving time limit for authority. C. A, agent, sues B, the principal, in court. D. A writes his principal B that he could no longer administer the latter’s property and turn over the administration to C after rendering his account. 52. When the instrument is complete but undelivered, delivery is presumed to have been made in favor of a holder in due course, the presumption is Conclusive 53. The negotiable character of an instrument is affected by a provision Giving the maker an election to require something to be done in lieu of payment of money. 54. Statement 1: W prepares a promissory note payable to order of X, his nephew, who steals the same and indorses it to Y, then Y to Z, from Z to A who as unaware of the theft. A may recover from W. Statement 2: W, a retiree, issued a promissory note, to wit: “I promise to pay X or order the sum of P50,000 out of the retirement pay which I will receive from the government”. Actually, W will get more than P200,000 as retirement benefits. The note is not negotiable. Both statements have correct conclusion. 55. To avoid prosecution for acts of lasciviousness committed by A against B, he (A) made a promissory note which reads, “I promise to pay B or order P20 000. Sgd. A”. Later, B negotiated the note to C. As a result, If C did not know the reason why A executed the note, C may collect from A. 56. As regards to an accommodation party which one of the following is not correct?

An accommodation maker is liable to the accommodated party. 57. One of the requisites of a negotiable instrument is that it must contain an unconditional promise or order to pay a sum certain in money. Which of the following denotes non-negotiability? I promise to pay to the order of Y the sum of $600 and to deliver one-fourth of the rice harvest in my farm. 58. Which of the following statements is wrong? A previously incomplete instrument in the possession of a holder in due course gives rise to a conclusive presumption of delivery. 59. Which of the following statements is false? There is payment when a negotiable instrument is delivered and accepted by the creditor. 60. Which of the following statements pertaining to endorsement is incorrect? If an instrument is delivered without endorsement, negotiation takes effect at the time of delivery even if the instrument is subsequently endorsed. 61. The following are advantages of a partnership as form of organization. Which is not? a. There is constant likehood of dissension and disagreement when each of the partners has the same authority in the management concern. 62. Case 1: A, B and C were partners. A informed B that the former was resigning from the partnership. The partnership was dissolved by the act of A. C had no knowledge of the dissolution. Case 2: A, B and C were partners. A informed B that the former was resigning from the partnership. The partnership was dissolved by the act of A. Comment to Case 1: If partnership liability is incurred by a contract entered into by C. A and B are bound to contribute their share of the liability as if the partnership had not been dissolved. Comment to Case 2: If the contract was entered into by B despite his knowledge of dissolution, A and C can recover from B. Both comments are correct. 63. The common property of a universal partnership shall be All the properties which belong to each of the partners at the time of the constitution of the partnership as well as the profits which they may acquire therewith.

64. Which of the following is not a requisite prescribed by law in order that the partnership may be held liable to a third party for the acts of one of its partners? The partner binds the partnership by acquiescence for obligations he may have contracted in good faith. 65. Which of the following statements is not correct? A. A limited partner in a limited partnership manages the business of the partnership but cannot perform acts of ownership without the consent of all the limited partners. B. Valid contributions of a limited partner are money and property, but not services. C. Additional limited partners may be admitted into the limited partnership with the consent of all the partners. D. A person who is both a general partner and a limited partner is deemed a limited partner only with respect to the return of his contribution, 66. A and B are partners in X and Co. with A as the managing partner. C is indebted to A in the sum of P2,000.00. C is also indebted to the partnership in the sum of P4,000.00. Both debts are demandable. A collects the amount of P1,500.00 from C. Statement 1: If A issues a receipt to the effect that is in payment of his (A’s) credit P500.00 will be applied only to his credit, the partnership being entitled to a proportionate amount of P1,000.00 in the payment made by C. Statement 2: if A gives a receipt for the account is only of the partnership credit the amount of P1,500.00 will be fully applied to the latter...