7 f\CRC-ACE ‘The Professional CPA Review Sehool an 3 yen 873 cane oa amet, ass ‘Se St FSET aaa ‘al medytonco it 5 Lave el eg tan, apd ty YF 4 ty, oe 5m a cr et anon oon ‘© (oway aes e00s james ara [REGULATORY FRAMEWORK FOR BUSINIERG TRANACTIONE ccrouen 2039 sarc [FIRST PRE-BOARD HXAMZHATION qygpseg py IY 30, 2039) 32:00m1-27 00m ENSTAUCTIONS: Select the correct answer for each of the following questions. “Mask only one shaver for, each item by weiting '®. SHADING Sorresponding to the Letter of your choles on the aniwer sheet. BOLTS ‘condition which, if inposed on an ebligation will be disregarded a B 3 The following aze zequisites of a consensual co B 4. tmdch of the following contracts is not unentore 6. The expenses of consignation when properly nade, and will therefore nake the SoLigation inmedlavel), dewandabe "kc "Te atoy commits sutelae sonia B. Ef Caley will not rise’ from the deed &. Tf Rtoy’passea the fan trans 5. Ee Aeoy wii walt Bieoy 2. ante owes Danny 30,000 wnsen préderibed on May 2018, bance paid the snoune by mistaxe on Jone 6 2026. ‘Restsving his mistare, tanto ants to recover the anoint he paid. In thia. cece ‘A Bante can be made to recover on ground cf mistake 3. Dante can be made to sacover on the goound that his obligation 4s not legally enforceable . dante can be made to recover because this will Rio expense gneich Danny at he fulfilled a natura: obiigetton. ‘h. congene (C. Cause of consiceration BL Delivery UL Prastacton ‘hu That where both parties are incapable of giving consent Bo That entered into during state of drunkenness Gi that which ie entered into the nane of another person by one who hes been given no authority or legal representation b. That which dows not cosply with the Statute of Frauds f 5. I Statenent - Failure to disclose facts, wien there is @ duty to reveal them constitutes fraud. 2" statement ~ Waiver of future fraud is voic K. Both statements are false B. First false, second true ©) Both statenents are true D. First true, second false shall be charged against tne ‘R. Parties B. Government c. obtigor D. obligee This is understood to be that which must necessarily cone, although At may not be known exactly when ‘A. -Fortuitous event ¢. Condition D. Passing che board examstk Ds [CRC-ACE/RFBT: Fist Pre-board Exams October 2019 Batch Page of 15, Tf the condition if potestative on the part of th A. debtor but it is rasolutory, the obligation 4s valid, debtor but it is suspensive, the obligation ie valid ©: creditor even if it ts suspenaive, the obligation is void. 0, debtor, it is always void. - A contract of lean is ©. A solemn contesct BUA consensual contract D. A Seal contract 4 10, Which of the following is not coreect? pw. ‘A.The effect of the conditional abiigation to giv condition has been fulfilled, shall setreact to "a Fulfillment of the condition. B.lihen the obligation imposes reciprocal prestations upen the pexties, the fruits end interests during the pendency of the Condition shall be deened to have been mutsaily compensaced ©. 1f the obligation is unilateral, the debtor ‘shall appropriate the fruits and interest received, unless the nature and eizcumstances of the obligation it should be infected that the intention of the persons constituting the same vas different D. In obligation to do or not to do, the courts shall detersine in ‘each case, the retroactive effect of the condition that has been Somplied with ence the ay of the Daboy, Bloy and Aprilboy bound thenselves t> deliver the 100,000 worth horse named “Wakisig” to Jay. How will Jay requive the Eyleilinent of the obligation? Ko Procesd against any of the debtors with the other two just reimpursing the one who made the delivery tor chelt eespactive . Go after all of them. do after Daboy and Eloy Proceed against Eloy and apeilboy. ‘The alienation of the debtor of a particular property in favor of his creaitor, with the Laecer's consent, for the satisfaction of the former's’ money obligaticn to the latter with the effect of extinguishing the said money obligation h. Cession en page B. Application of payment C! Consignation D. Novation A offered te sell her house for P500,000 to 8. B could not make uP her mind so she asked thot she be given 10 days to decide. A agreed. After $ days, A caised the price of the house vo Fl million, Assume that 8 decided to buy the house the following day, Gan she conpel A to accept the 700,000 price and deliver toner the house? A. No, there was no acceptance of the origina) offer. Bl Yes, A cannct change her offer without the consent of 8. elvae/ there was already a perfected contract of sale, Dito, because B agreed that A may change her mind later on, fon of ‘the thing pledged must be placed in the hands of copeadalads ite C. Guarantor Eiesren, * D. Pledgor:‘ERCACE/RFBT: Fst Presboar Exams October 2018 Batch Page 3015 4 not be “able to pay ty end in order’ to prevent. attacmmest. of his Xp before maturity of nis debt, executed a contsact Pretending Yo, sell to Mr. @ hi Brstending fo, sell volte. @'Mz pyoperty. imich of the felling | AvThe contract is not valid for lack of consiaesat: Bi the contract is wali between Xuané gee Eontract being simulated and exessted to detraud ¥ is void. B15. Me. x owes ue. ¥ 100,000. 16. 1M statement = hoover pays for another's dna 1 Septoe what he ham pals ane eee See ae statement = The" delivery to and acceptance by the creditor of 2 Geccified cashier's check proauces’ payment” of the debtor” ceeeities x ct" She ebcoers Sm i seatenent ie tive, 2M statement is folse BF Both statements are false, oie @. {i aratenent is folee, 2 statenent trve D. Both starenence are tive p 27+ Robert obliged hineelé to give to Romine his brand new git cor it the latter con make a cizele that is at the samo tine a square. Rothe obligation’ 1a unenforceable because the condition is ‘npoa ible. ‘bc Pe Gbiigetion is void because of the positive impossible condition. = c. foo opiigetion is valld because tne tnpossible condition a hagative D, The sbLigation 42 valid and enforceable. Dis. A, an ititerate, borsowed 7100,000 from B. Aeide from that, 8 pee Gdd Ee "ishe cob which the latter iccepied wo secure ‘the meee ie che loan. B prepared a deed of sale with right te peymethase of the and ats price of £100,000 which A signed after B Zeptrines that such document’ evidenced their agreement. What is the proper legal remedy available to A? Reaction for reforsation of instrument Blaction for rescission of conteact Cl action for annulment of contract Diaction for Seclaration of nullity of conteact, SC ta. a antivered a specific caloutator to a so that the: latter wil be cen ivered fe Gone period of one nonth without any rental paysent. Beoe te are saan the incidantal cireymatanse of thi contract, RoW Shall tebe intexproted? * ee? lGccrpreted in favor of greatest reciprocity of 4 interest. a OCRSTY ne incezpreted in such ¢ manar to mate the contract full and void. i een ree sncerpreted in favor of least transmission “of : Fights: § b. It shall be interpreted in favor of thé beneficiary B. C. 20. intuocerer pronise"to Dey of co solh which was not accented by RGhLaReral Done ges fo juridical efiect ond creates no 1808) fonds Th Golsettation , poticieacton © Eapronisaion . Delegacion24 Cx. ‘A, an insane sold his specific laptop to & at a price of 10,000. Recor chtaining knowledge of the contract, Cy a childhood. trlend of Ai filed an action before the court for asnulment of the contract of fhses mt principle of contract fa Ylolaved ty the fihiog of such ‘Aomutuatity of contract ©. Lsperality of contract 8. Relativity of contract . Legaii:y of contract Andy deposited with Becky 1,000 sacks of ‘rice valued at 7100,000, nay nowever, ig indebted to Becky for 100/000 which 4s alfeady Ste! When Andy teied to withdsav the sacks of rice, Becky refuses te deliver, claiming compensation. Is Becky correct? Ao Yes, both obligations ave due Bives, considering: chat the value of the rice 1s equal to the Ssont of Andy's obligetion coy because cheze yas no stipulation alloving compensation DING, Because Becky's obligation arose from a contract of deposit Angel sues Baldo 10,000. Later angel paid Baldo 77,000 Leaving = Balance ‘of P3,000. Caloy, a suitor of Angel and! intending to Surprise Angel, paid Galde the ‘sum of P10,000 thinking that Angel Sxiil cued Baldo that amount. Caley aid this without knowledge of iegel. hich ia not correct? TR. catoy can recover P10,000 fro Angel 5] Gailey can recover 7,000 trom Baldo 1 Eaioy connct secover’ anything fom Angel BI Eaiey San recover £5,000 from Angel Ana owes Bubey 710,000, Ana proposed to Bubey that Celia will pay Rhars deve and chat Ana will be released from all Liabilities. Blbcy cna celta agreed to the proposal. Later, when Seboy cries to e"teom Colias he £inds that Celia 1g insolvent, and it was chit" ae ene time of delegacton, Celia was not insolvent ena ha iiapie? So tuck inscivency is of public snowledge. ts Ana Ai Yes, secsuse there was delegacion. Bito,| because there vas novation. EL Yes, because the inieiative cane from Ana Dl Yes) secaaee good faith is not a defense. sinesy i under ebligation to deliver his Montero Sport car to BISy! fowevers before delivery ‘Totoy destroys the car. which of the following 18 not correct, No cusboy's obligation is extinguished Bi Sinbey is ailowed to recover trom Totoy El buboy has the right to being an action against Totoy Dloimbey ss not obliged to give Buboy an equivalent value of the Atoy promised to give his car to Bitoy or his motorcycle 2s & Subscitute. Which of the following is correct: Ao Bitoy can choose to elect either the car or the motorcycle. Bitz Atoy will choose to give the rotorcycle the obligation will cease to be facultative. eit, the car will be ost through a fortuitous event, the obhigation will be, extinguished. p.fhe loss of deterioration of the substitute will render Atoy Tidble although the cause of the lost is his fault or negligence.D2 hs. fe 29. 0 3. D 33. First Pre-board Exams ~ October 2019 Batch Page Sof 15 Wren she thing improves pend 2 hing pending the fulfilinent of the suspensive contain “hoi te capac Ck he Sesters inure to the benefit of: ena ae ee ae A. Tne party who made the Snprovement BL The Gebtor, unloss he will be reimbursed by the creditor . Barely by the debtor and partay by the ezeditor BI the creditor yee nen the obligor binds himself to pay his oblization a2 soon ae "he ip'aple sot, this obligation is with * 1. Fotestative period Gc. Potsstative conistion 8! Suspensive condition BL Casual condition hen is the creditor entitled to recover damages and interest in aggicion ro the penaicy stipulated? DP" anewer ~ When the debtor refuses to pay the penalty 24 Answer ~ Whon the debtor is guilty of fru in the fuifitinent Se the obligation AL Tree, true c. Tee, false BL False, crue BL Falee, false These (3) of the following contracts are void. Which is not? Ricontragt sn weiting contemplating and asking for impossible a. Oral authority given to an agent in sale of Land. Geek" parenerahip™ agceument where movable property $s . Oral sertnership agreement when capital is more than P3,000.00 the following contracts are not perfected until the delivery of the Ghject of the obligations except: 8. Deposit 1D. Connodatux Ay 8 and ¢ aolidarily ove X and ¥ P30,000 X remitted the entire Dbtigacion in favor of A. The effect is: SP Getigacion is not extinguishes until A collects from B and C. E:ENG Gpiigecion is not yet extinguished vntil Y is paid by X and Y's share of che credit c.h cannot recover from B and C because remission in his excend to the benefit of B and © p.kvcan recover from 2 and C their respective share of the debt. nich of the following statements is false? BLA period always refers to the future. B.Sne debtor losses the right to the period if he does not give the Security he promised tc the creditor. c. Ine condition not to do an inpossibte thing does not render the obligation void. b. fn alternative obligations the right to select which of the prestation shall be delivered belongs to the creditor, unless expressly given to the debtor. ‘The consequential damages suffered by the injured person and those fuffered by his fanily or third person by reason of the act. A. Restitutionfe 438. Congest 0, manttested by the mating of (the offer and the Soneeacts ach Sf"oheESttowing constitute on offer? nn 2) Aivertisenont for baddors &; iMetness agvereisenene of chings for sale ‘CRCACE/RFBT: Fist Preboard Exams ~ October 2019 Batch Page of 5 4 36. 1m eho sxecuttion of obLigations, Ltaniiiey for malice or bad fate! . e'detardnila in a11 obligetione but may be resounced in aarance. Cl extends only to results intended but extluding exes in ‘expectations. ” C37. simlation of a contract may be absolute or relative, Tt 4s relative shen A. The parties do not intend to be bound at ail. Bi the contract se valid. Cl the parties conceal their true agreement. DI the parties conceal their true intentions, C28. me acipulation in the contract to the effect that the debtor Snowle remain as a servant in the houso and in the service of her Grecitor so long as she had not paid her debt ia void because it 1. Contrary te good customs B! Contrary to public policy C. Contrary to law 5! Conevary £8 morais fk 39: The obligation Gupenses for his employee's death while in the course of employment Sp sonctioned by the Workmen's Conpansation Ae: is one that arises a law ©. Quasiccontracts BL Conteacts DL Delicts 40. X,Y who te a minor and 2 owe A, Be Cr Dy P3000, How much can A oct ron Ae ve, s00 omy. 31 420,000" Ain turn has to give P5,000 each ve B, and D. 21 Frosao0, a in tarn has to give £2,800 each te By € and Dy . P5,000 only. the fruits of the thing, whieh 42. With cegard to the right as not correct? AL If the obligation is subject to a suspensive condition, the i Gpiigation to deliver arises frot the noment the condition happens. b. if the obligation arises from a contract of sale, the vendor has ay to detiver arises. « CuI the obligation is subject to a suspensive period, the r obligation to deliver arises upon the expication of the term or period, ot eneCACE/RFBT: First Pre-oard Exams ~ October 2018 Batch Page 7 of 15 DLE there ss no condition of tere for ite fulfilinent, the Sbisgation to deliver arises from the perfection of the contract Sr ereation of the obligation. A and @ aze_ jointly Liable to deliver a particular car valued st 200,000 to'¢'en July 1, 2019+" fhien io egerece? Aithe prestation ie indivisible making he lability of A and ® 3b. If on July 1, 2019, A Ss willing to deliver the car but ® is not, Cnay anfeces tne obligation agsinst.h cu Te’ Mabie tora proportionate part of the obligation and wilt 2. fudbie size for damages if B is not reaiy to comply with his Seligation, even 1 Avis willing to deliver the car. b. The iiabiiity of Av and Bis, Joine and that damages may be Eusessed only against the debtor who violated the obligation. hmnich of the following ts a valid stipulation: Rr apple promises ro give Bobby 10,000 and if she fafis, Apple will Sllow Sobby to have her mobile phone . Apple will give Bobby P10,000, if Bobby wil: kilt cathy Clapele agreed to give Bobsy a! house and lot if Bobby will be her . Aeple agreed to put poison on the food of Bobby's wife, and if pple fails, to pay Bobby damages worth P10,000 the obligation to deliver arises: TY Shaver — from the perfection of the cortract if there is no perios or condition. Sel Suewer Tf there 19 a term or condition, then from the monent, the tern azrives ov the condition happens Gv aSth stacenents are #21 TE. bulls stetenents are true Bl First false, secose true 5. Piree true, second’ false case No. 2. Henry promised to give his son a car if the son will not neecy Herlyn thie year, If by the end of the year, Herlyn is Qivedy dead of the sos has not married Herlyn, the obligation to Give a car 12 effective and denandable, Gese No. 2. Heney promieed to give his son a car if the son will Sarty Hoelyn before the end’ of 2017. If on January 1, 2018, the son fot yet married Herlyn, of Herlyn has cied, ‘the obligation is extinguished. A. Both statements are false . Both statements are true BL First false, second true D. First true, second faise Boy owes Bing to debts, both of which are already due. The first Gene 12 secured by registered chattel mortgaged constituted over a Scr belonging to Boy and the second ie not. Boy tells Bing that the payment he is now making should be applisd to the second debt [instead of the first, which is correct? A. Bing cannot refuse the application if tie first debt is older than the second 5. Bing may refuse such application on the ground that the first debt is more burdensone to the debtor ©. Bing may refuse such application because the payment shall be applied proportionately 1, Bing cannct refuse the application because the preference of the "debtor must be followedF (eRe Ace/RFBT: Fest Prebourd Exams = October 2039 Batch Page of 15 Be Ds. i" Stacement = In novation by way of expromission, there is revival {known t2 the ofiginel destor and also Rnewn to the public Tevival of ‘the original debtor's obiigation if the new debtor is 2: Re eben eet Sar 5: SC reeae te at A, B and © executed a promissory note binding themselves to pay 23,0002 X,Y and £ solidery creditors. ‘the note 1a now due and Uenanable. "can the exeditors proceed ‘against A slone for the peyecat of the entire debt. Rito, each creditor can collect only P3,000 from A, BL Yes, either X, Yor 2 can collect P8,00D from A. C1 No, each creditor can collect only P1,000°from A, 5. Yes, since the promissory note 2 silent with reapect to the Fights of the ceecitors, ‘the obligation is presumed to be selidary. A ceedites, theough 4 contractual ‘arrangement made with wr. Pala Ueang, 1a to receive the rentals of the Hr- Pala Utang’s apertment houses in Quezon City with the cbligation to apply thee to the Payment of the interest and thereagter to the principal of his credit. This contract ia 3 valid, i. Pledge c. mocegage Bl Anticneaste a 0. Guaranty Atoy uses @ savings account with a bank. The contract between Atoy and the bank is one of ae gency. c 5) Conmodatum Bb Deposit i statement - dole incidente entities the person against whom it tes enployod the right to seek the annulment’ of the contract as fraud ie one of the vices of consent. 2° Statement ~ A stipulation pour autrui is one of the exceptions to the rule on relatively of contracts. 1B. Both statenencs are false C. Beth statements are true B. First false, second true D. First true, second false Rhonanae, 16 yours old, gold to Pauline, 17 yeara old, 2 diamond ing without the consent of their parents or guardians in a public instrument. The contract is: A. Void c. valid BL Unenforceable D. Roscissible buknoy promised to give his Toyota Altis car with plate no. ARR Lit] to Bosyo, Before actual delivery but after Bosyo demanded for the same, the car was lost through an accidental fire. which of the following is correct A. Buxnoy's obligation to give his car to Hosyo is extinguished without any lability at ll. B, Bosyo is not allowed to recover from A. €, Bosyo hds-no right to bring an action against A because the cause of the Jost isa fortuitous event p. Buknoy is obliged to give Bosyo en equivalent value of the car ss 1a cia‘€RC-ACE/RFBT: Fest Prehoard Exams October 2019 Batch Page 015 DS wi ch of the folloving 2 not an element of Legat compensation: Debts to be compensated are dus sid denandate: There is “ho. controversy or sGverse claim O¥eE any debts to be There are tuo OF moze debts of the samo Kind. The ereaitors and debtors are one and the sane person D ss. nich of the folloving statements is corzect? TR. All contracts are persected by mere. consent B. All contracts are perfected by delivery ct the object. B. Ail contracts are required to have a vaiie consideration, B 96. 1% statement ~ The receipt of a later instatinent of & debe without Feservation ao 0 peice installments, hell give rise tos Gonelusive presumption that auch installments have been paid, 2 statenent ~ In cession on pago what it being traneferred is the universality of the debtor's property, h Teue, true ©. true, false 8. False, true DL Fase, false C.57- Atoy is obliged to give Bitey, at Bitoy’s option his Iphone x, his ped or his Laptop. If all objects vere lost thru Atoy’s fault, whien se correct? Rothe value of the first thing lost plus donages must be given to B.The Value of the last thing lost plus danages must be given to Bitoy Cc. The value of any of the Bitoy's choice plus danages must be given to pltay A 58, In tne absence of an agreement to the contcary what shall be the basis of payment of an obligation in case there should supervens an extraordinary inflation or deflation of the currency stipulated? A. The value of the currency at the time of the establishment of the obligation. 1B. The value of the currency at the due date of the obligation. Cl the value of the currency shall be fixed by courts Dihe value of the currency shall be deternined by an expert trem the Central Bank. 8% A contrect Se presuned to have Been entered into in the place vere the A. Payment was made ©. Performance was made Bl offer was made D. Acceptance vas made [A 60. Before acceptance is conveyed, sn offer becores ineffective upon the aeath, civil interdiction, insanity or insolvency of a. Either party ‘ B. The offeror C. The ofteres D. Both the offeror and ofteree 62°85 ue FReiast neans: €. 1 give and you do D. 1 do and you do[CRCACE/RFBT; First Pre-board Exams October 2019 Batch Page 10 0f 15, C. 62. men a condition haw been inposed with the intention of suspending We” fescucy ‘of an ebligation to give, which of the following shell [Biefved sueing the pendency of the condition? Rot fnen. the thing ‘Setersorates, the impairaant is to be borne by the eredisor . Inthe ching 4¢ lost, the obligation sala be extinguished 2 If the thing ie improved by nature, or by tine, the improvement thal inure to the benefit of the ereastor b. Te the thing perishes, or goes out of ccmmerce, disappears in Hich a way that 4s) existence ie “unknava or it cannot be Eecoveted the debtor shall be obliged to pay damages B 62. A voreoved £100,000 from 8. The loan was secured by a mortgage of A's Jana in'favor of 8. Withost the knowledge of 2, C paid 8 the sun of 100,400 for A's debt. AP a result i Mee canner claim reimbursement fram A inasmch as the payment vas fede without the mowledge of B. Ets encivied te get reinbursement from A but did not acquire the right to foreclose the mortgage 4 c. the cbligation of A to B was extinguished and A should reimburse : E'tne amount of £100, 000 otherwise C can foreclose the mortgage \ D.C ‘con recover the amount’ from A because there is legal subrogation | AA 64, “2 iit begin supporting you fom the tine your father dies is an cuanpie of on oblagation with: BR. Suspensive period Cc. suspensive condirion BL Resolutory period 1D, Resotucory condition C 65. wnen curing 2 fire, A saved the properties of 8 witnout the | Inctez's consent or knowledge, Bis bound to pay A Just Gonpensacion under Une yuimayie of ke gunes-selsee ©. Quisivcontract B. Negotiorum Gestio DL Solutie snaebie che obligation imposes reciprocal prestations upen the parties, ies apa sntezeste ducing the pendency of the congaticn shall ‘he gelong to the creditor BL Baieng to the debtor 2] ke Getermines by the cou: DI be deened to have been mutually compensated fed @ mob(le phone worth P32,000 to Homer orcLly and C er. ernest aon: fue accepted. Which statement is the most | delivered the unit to Hon \ Sccurate! The donazion +s Bl Yold but Ernest cannet get the wobile phone back \ 1 void and Ernest may get the robile phone back 5. Voidable and maybe annulled | 60, the, folloving are the requisites of fortuitoss evant, except "the avert 19 unforeseeable unavoldabie | a eee sevla indepencent of the wifi of tre cabtor 3 caste, Ncgncelbuved to. tne aggravation ot the injury to. the , creditor " ort Sehey renders it abaoistely saposstble for the debtor to Serer eee cbiigation in sotaal aanner, inpossibility mutt Be ‘Settite ace paveeis octensio not force majeure pe tealFirs re-board Exam = October 2019 Batch page 11 0f 15 IDO. sen, Felisine and Tato pound themselves solidarity $0 pay Ast? one SSlung 32 "b5,000, Suppose, Ben pala the obligation, what is his Fight Se against Nis co-debtors? Ben can Ao Sue tor rescission Bl Claim s refund from Abeth 3 €) Sue Felisino end Tite for danages Slate fer geinbursement fron Felisimo and Tito C70. ana, Keeen ang ine are soiidary debtors, under + 1600 p}s805ten 5 Boas Moyen yich has fallen, due. ‘the creditor hac, hovever, condoned £300,000 which Teco in the debt. Since Nina hss becone insolvent, Sezen! oneine Sue genand. on Ana to pay the debt. How mich, 4£ anys may Ana be compelled to pay? ‘h. £100,000 c. ¥200,000 BI 2150000, . #300,000 B 73. a porzowed 1,000,000 from 8 and C who acted, solidary creditors. A borrowed Pi qecured, B wrote @ letter to A denanding payment of Fhe Ten ee eer te hime Before A could comply, C went, to see hin 2008 GarePL coliect and he paid him. Did A pake a valid peypent? Tsoratty Teak should have split the payment between ® and © &- Nov since 4 ohne other solidary crecitor, already nade 2 prior Senané Zor payment from A co SER aie che payment covers the whole obligation Go Yess since SMPMRG a solicary creditor, payment to Mm Gxtinguished the obligation B72. a, a ninor, Band ¢ wrote and stoned & promleaaey eet whien states By 2,Si008" 8 Soy D 20,000." A the maturity date of the note, Rov TE promise 50, POY, Goliece fron © if B heromes insolvent? ‘R- 210,000 "P30, €00 8, P20,000 D, PAS, 600 A va. a, ato ta denichted sm tiga City, nog an obbigtion fe getuves 2 2098 a, ete 5 Sonics 164 carer co By uno is aoniciled in Batangas City E5sa8" teas egivion Black Fortuner 4 city at ere A 2008 Tea, paition Beeferigation while another 2018 Ltd. baition une, of perfection, Of Cain Tagayeay city ae the agrees delivery Black fort siail the eae be delivered by A to 8? : tape ehey ‘ranaoan city Br Batangas’ sty 5. Tagoytay city D v4.a, B anc © wrote and signed = promissory nore, which states “We : ise to pay b and F P60,000." AE the maturity gate of the note, O pronise 86 PSY tne promissory note to R. How much obligation is i insersGiehed and by what node of extinguishment of obligation? ‘A. 20,000 by confusion . £30,000 by remission 260,000 by compensation DL £10,000 by merger 45.A hag an obligation to deliver a specific cellphone to B but, A Bat Shaptop may be aubstituved in lieu of the specific cellphone, wee tas ehe eight of choice in this type of obligation? E> Me unless there ig stipulation to the contrary 4 Bie uniess there 1s stipulation to the contrary{CRC-ACE/RFBT: Fst re-board Exam — October 2038 Batch Page 220f15, 2 76. wae is ene praseztptive period of the right to fle an action bases BL 6 years jattelvares J 77-4 detivoced p1,000 cash to Bae a co os tract 3f deposit which the : latter thought ‘to be a contract of loan. wnat’ ts the proper i remedy on the part of the injured parcy? oe Peeper’ towed ‘A. Action for reformation Of instrument B. Rotion for rescission of contract ©. Aetion for annulment of contract B. Action for declaration of mullity of contzece § 78 A sold in writing an euthentic Gucct Handbag at a price of 10,000 to ByUBE te “Cine oe delivery of the bag) a delivered 2 comeerterted Gicet Handbag to B vith a price of 7/400 ‘onlr. What’ sa the proper egal zenedy on the pare ot 87 vee Ri Action’ for rescisaion of rescissible centsact by reason of lesion of more then = the value of the authentic bag Action for damages for broach of contract by seasch of fraud in the perfornance of contract ©. Retion for annulment of voldable contzact by reason of dole D. Action for declaration of nullity of contract by reason of Eitegaisty of contract C 73-8 rented the specific truck of S. After the end of the contract, 5 sold the property to B. As a result of sale, B continues to have Possession of the property. whet type of constructive delovery is present? Teaditio claviun feaditis longa manu Teaditio Brevi manu Teaditso constitatan possessoriue D 8. A, 8 and C are solidary debtors of W and ¥, Joint cred Pl2,00) there the share of the debtors io the obligation t= while the share of the creditors is 1:2, If Ais incivent, which of the following is correct? H con collect fron B 23,200 Y can collect from PG, 400 W or ¥ can collect fron B and ¢ £12,000 1 Y Gan collect from either Bor C F8,000 CAL 8 and ¢ are solidarity cregitors of Din che anount of Php15, 000.00. C demanded peymont from 0. after the demand for payment by C, Din order to extinguish the obligation nay pay to: ‘A only Simenly, eC only 'D.So either A or B | {. (C2, there being no express stipulation and if the undertaking is to deliver a decerninate thing the payment small be nade. e A. At che domicile of the debtor BL At th? domicile of the creditor Ci Whenever the thing might be at the nonont the obligatien was constitated D. Wherever the thing might be at the moment the obligation ie to be fulfilled wherever“CRC-ACE/RFBT: First Pre-board Exam October 2019 Batch Page 13 of 15 3. The sources of Liability for damages are the following except! a Fraud pi iey ease c-Delay “D. Quasi ~ delict Ci 84. Wei sotd co séy ner car and pronisad to deliver the caz to 23Y 20 eeessecrie sna aa bg en tatary (151203871 Metiieels tha lisere) coer Co FED TRhediately possessed the car. Ae of Feoruary 5, 2018, Jay has not received the car from Mel. Baer ceeeereSel the contact of sale between, tied and Patrick POL SEE Cho coneract of sale between him and flol was perfected first: ETE anot be considered in delay-because there was no denand yee from Jays c.tel da siready dn delay, even sf there ™ She shall be Lieble for damages? b. ine sale is resciasiple of damage caused to Jey. ne demand from Jay end D 05.8, 8 and C bound thenselves to deliver to ¥ a specisa oF worth PM. a eatthe fault of A, the car was lost. Tn this case: \ Me te etcleim damages from eny one of the three for hie. ween elonate part of Liability because the ebtigation is Enaivisible: eee SEAT) fom A the whole amount of danages other than th Tlue of the cer a cote SE it solidery 1iebilicies for denages, x can claim the ene rom any of the three. ree ia’ iiaple for damages althougn B and C re liable for >. Only Chel zespective shares in the obligation. D 06.0 obtained a toan from ¢ payable on of before December 2h, 2053 Mnich of the follewing statements is correct? me ln ‘amty pay the obligation on Decenbe: 22) 2029 aD eae onand paymenc. from D on or before Decorper 32, 2025) 2: GER Gomand peyment from O even before Decenber 2, 202% } DID can pay before Decenber 31, 20187 seed to) B07. € pought the only car of Don, February 25, 2018 and. 2 | Sere eto Con april. 30, 2019. They did sot agree on the Place of Gelivery. where i the place of delivery? ‘a ponicile of the debtor Blthere the car is on February 15, 2018 Cl tihere the car is on April 30, 2039 D. Donieile of the creditor 88. the following sabes cannot be compensated, =xceP hh. Contract arising from contract of depositin. Bi Contract arising from contract of comncdatum, { Contract arising from contract of support. ‘ D. Contract arising from contract mutuun Das. me. chun sold his horse for £100,000 eo Mr. No. There was co fixed | weeeCtet he pastocnance of the abligations Of both parties. The i. Soligation of Hr. chos se vendor is: sore" cesciad the contract because no tine o: date is fixed for the perfomance of thelr respective obligetions. fo deliver the horse as this is a perfected contract. Gio deliver the horse after desand. ot Mfor Mr. tg to pey P100,000 and deliver the horse.[ORCACE/RFBT Fst Pre-boord tam — October 2019 Batch Page 4 of Co. C55. Bert obliged ninseif to deliver to Bong the folloring: 4 1y" 4/201) model Mitsubishi Pajero car colored metallic oitver 2)_ hie acbtle phone Firat statement. Bert 19 obliged to execcise diligence in beth Second statement ~ Both obligations may be fulfilled at the expense ‘A. IE statement is crue, 2! atatoment raise B. 1M Statement ‘false, 2 statement teve ©! Both statements ars false Judiel a minor, represented by her legal guardian, entered into a contract of sale with Angela who ia only Le yours olds The conctact is 8! unentorceabie DI Rescissible Which of the following is not ground for annulment of contract? BF Treapncity co give content D! Vitiated consent [A stipulacion whereby the creditor autonstically Secones the owner of the tniny pledged or oregaged upon the debtor's —defacit an the payment of his abligation ir called he keceleration clause ©. beaal redamotion \ vine, guardian of Nora sold Nora's house and let worth POM for bli Ass rosult: Au'The contract can be reacinded Because of inadequacy of price: Bi the ‘contract canmot be rescinded because there is ‘no feaud, Mstake or undue influence. c. The contract cannot be rescinded necause all the elements of a 2, The contract eannot be rescinded because it Js expressly provided by aw as one of the contracts that cannot be Tessinded. Wnich of the following Ls corsect? A. The nullity of the penalty cl principal obtigat ion: 8. The creditor 1s entitied enly to the penalty and cannot demand for additional damages although there is refusal to pay on the part of the debtor or fraud in the performance of the obligation ©. Proof of actual danages suttered by the creditor is not necessary an orcer that the penalty say be denanded D. The penalty may not be equitably reduced by the courts: jase cates «ith it that of the A comedy in equity by means of which a written instrument is made or construed so as to express or confirm the real intention of the parties wnen sone error or mistake is committed. . Ratification . Cancellation DL Reformationce & First Precboard Exam ~ October 2029 Batch Page 15 of 5 Bp? Which of the following obligations is due and denandable? ‘a: Getigation with # suspensive condition ‘B. Obligation in diem ee © Obligation ex aie D. Obliration payable as soon as possible ” George secured and Randy granted a loan of PIM due on Decenber 31+ So) George executed a first mortgage of his residential house in Zaver of Randy to guarantee the Loan. On August 16, 2018 the house sae Loraniy Gesezoyed by an accidental fire. On August 31, 2016, Randy demanded payment of the loan. Ts the demand valid? STNe. Gao Obligation is one with a definite date for payment. SINSI He “Ghiece of the obligation was lost through @ fortuitous fvene and the obligation vas extinguished, co MS* THE WiGacion became due at once because the guaranty was ‘Sef through a fortuitous event. pi dea, “tne Jobligation became due at once because from the ‘tenor wesc Pine ceediter is given the right to dexand performance coon before the due date stipulated. fection of the contract of sale, the fruits pertain t 5 ‘G. vondse B. cbiigee D. obligor on gune 6, 2018 Judiel orally sold to Aj a certain cadio for PS00. This kind of contract is: ih. Reacissible 3) Unenforceable c. voideple Br Vali