RFBT: MOCK QUALIFYING QUIZ 1 - OBLICON

(30 items)

1. Harry obliged himself to deliver a specific car to Pamela on December 25, 2010, with a stipulation that Harry is liable
even if the thing is lost due to a fortuitous event, and without the need of a demand. On due date, the car was totally
damaged by a strong typhoon. Which of the following is correct?
a. Obligation remains to subsist, but converted into a monetary consideration.
b. Obligation is totally extinguished.
c. Pamela can require another person to deliver a car, expenses chargeable to Harry.
d. Pamela can compel Harry to deliver another car.

2. On July 15, 2006, X entered into a contract with Y. On February 10, 2007, X discovered that fraud was committed at
the time he entered into the contract, a fraud that vitiated his consent. The action for annulment shall be brought
a. Within four years from the time A entered into the contract
b. Within three years from the time of the fraud
c. On February 10, 2007
d. Within four years from February 10, 2007

3. On a certain year, D was obliged under a contract executed on January 1 to deliver an agricultural land to C on
February 1. D, however, actually delivered the land and the fruits thereof to C on March 1. On January 1, what right,
if any, does C have?
a. Usufruct
b. Jus in personam
c. Jus in re
d. No right at all

4. John Zeus borrowed P10,000.00 from Krisette. Clandestine is the guarantor of John Zeus’s obligation to Krisette.
Without the knowledge or consent of John Zeus, Lurd paid Krisette P10,000.00. Later, Lurd demanded from
Clandestine (as guarantor of John Zeus) reimbursement of the amount he (Lurd) paid to Krisette. Can Lurd claim
reimbursement from Clandestine?
a. YES, because John Zeus was benefited of the payment by Lurd Ed.
b. NO, because Lurd Ed is a third person to the contract.
c. NO, because Lurd Ed cannot be subrogated in the place of the creditor.
d. YES, because Lurd Ed acquires the right of the creditor.

5. These elements are so-called, because they may be present or absent, depending upon whether or not the parties have
agreed upon them. In other words, they are excluded, unless included.
a. Original
b. Natural
c. Accidental
d. Essential

6. Sara Tancredi alleged that Michael Scofield promised to give her ten hectares of land. This is in consideration of
Sara’s meritorious service to Michael when Sara, being a nurse, took care of him while he was still inside the prison.
Michael pleads in defense that since the promise was not in writing, then it is unenforceable under the Statute of
Frauds. Decide.
a. The Statute of Frauds is applied because A has rendered services already.
b. The Statute of Frauds can apply to partially executed contracts.
c. The Statute of Frauds is inapplicable here because the promise to give the land is not a sale of real property.
d. The promise is unenforceable. Under the Statute of Frauds, contracts involving real property must be in writing to
be enforceable.

7. “Death because of AIDS” is a

a. Demand
 b. Fortuitous event
c. Condition
d. Period

8. A kind of period or term in which the obligation becomes demandable upon arrival of the day certain
a. Ex die
b. Definite
c. Indefinite
d. In diem

9. The following, except one, are the characteristics of void or inexistent contract. Which is the exception?
a. The right to raise the defense of illegality cannot be waived.
b. The defense of illegality of the contract is available to third person whose interest is not directly affected.
c. They are not subject to ratification.
d. The action or defense for the declaration of the nullity or inexistence of the contract does not prescribe.

10. Mr. Gor bought a big bike from Bata, a minor, for Php100,000. One week later, Mr. Gor discovered that Bata was a
minor at the time of sale, such that, he lost no time in filing a complaint in court to annul the sale. Will the action
prosper?
a. No, the right to annul the sale is given to Bata.
b. Yes, Bata being a minor is incapacitated to enter into contract.
c. Yes, Bata cannot file the action to annul the sale because he is a minor.
d. No, unless there is lesion of more than ¼ of the value of the property.

11. A, 35 years old, B, 25 years old and C, 15 years old, are solidary debtors of X, 45 years old, in the amount of
Php9,000.
a. X may collect from A Php9,000.
b. X may collect from A Php6,000.
c. X may collect nothing because the obligation is voidable, C being a minor.
d. X may collect from A Php3,000.

12. Which of the following is not really a special form of payment?

a. Payment by cesion
b. Tender and consignation
c. Dacion en pago
d. Application of payment

13. A wanted to kill B, so he hired an assassin C to kill B. C demanded 1M but A is short of cash. So A sold his house
and lot to D for 1M in order to pay C for the latter to kill B. What is the status of the contract of sale?
a. The sale is voidable because of the failure of Stitch to disclose his motive to Lilo.
b. The sale is rescissible at the instance of Lilo because he would be damaged by the illegal motive of Stitch.
c. The sale is valid because the illegality of the motive of the parties do not affect its validity.
d. The sale is void because the motive of Stitch is illegal.

14. is the owner-operator of Xerex busliner. D, while drunk, drove one of O’s Xerex buses and accepted passengers at a
discounted rate. D then drove the tax recklessly, and inevitably, it crashed into an electric post, resulting in serious
physical injuries to the passengers. The latter, knowing that D is insolvent, filed a suit for tort against D’s employer,
O, but O raised the defense of having exercised extraordinary diligence in the safety of the passenger. Is O’s defense
meritorious?
a. Yes, as a common carrier can rebut the presumption of negligence by raising such a defense.
b. No, as in tort actions, the proper defense is due diligence in the selection and supervision of the employee by the
employer.
c. Yes, as a common carrier can invoke extraordinary diligence in the safety of passengers in tort cases.
d. No, as B, the common carrier's employee, was obviously negligent due to his intoxication.
15. Tabura was appointed guardian of Tayabas, the latter being 17 years old. Tayabas sold her parcel of land in writing to
Ulalan valued at 1,000,000 for 700,000, suffering lesion of more than one-fourth. What is the status of the contract?
a. Voidable
b. Rescissible
c. Void
d. Unenforceable

16. Edgar died leaving his estate, to wit: Assets valued at Php1,000,000 and Accounts Payable to Ike amounting to
Php1,500,000. The legal heirs of Edgar voluntarily paid Ike Php1,500,000. The heirs of Edgar cannot recover the
excess payment of Php500,000 because it constitutes a:
a. Quasi-Delict
b. Natural Obligation
c. Quasi-Contract
d. Civil Obligation

17. James owes Nadine Php20,000. Enrique, a friend of James, approaches Nadine and tells her: “I will pay you what
James owes you. From now on, consider me your debtor and not James. He is to be excused. Do you agree?” Nadine
flashed her sweetest smile and said yes. All of the following statements are not correct, except:
a. James is relieved from liability even if Enrique is insolvent or does not fulfill his obligation.
b. There is no novation here because the agreement was made without the knowledge of James.
c. There can only be expromision upon actual payment of Php20,000 by Enrique.
d. The obligation of James is extinguished by delegacion.

18. In a contract of sale executed by S and B, it appears that S sold his motor vehicle to B for Php500,000. It turned out,
however, that S owns three (3) motor vehicles, namely: (a) Ford Ecosport valued at Php600,000; (b) Honda City
valued at Php400,000; and (c) Isuzu Crosswind valued at Php500,000. Which of the following is correct?
a. The parties can seek the interpretation of the word “cellphone” as it is ambiguous.
b. There is no contract at all.
c. The parties can ask for annulment of the contract.
d. The parties can ask for reformation.

19. First: A contract of insurance is a contract of adhesion.

Second: A contract of insurance is an aleatory contract.
a. Both are false.
b. Both are true.
c. Only the first is false.
d. Only the first is true.

20. The degrees of negligence under Roman Law, from the least to the greatest are:
a. Culpa lata, culpa levis, culpa levissima
b. Culpa levissima, culpa levis, culpa lata
c. Culp evis, culpa lata, culpa levissima
d. Culpa lata, culpa levissima, culpa levis

21. Rafael Carrascoso bought a “first class” ticket from AirFrance. As he checked in, the manager downgraded him to
economy on the ground that a white man had a better right to his seat. Rafael Carrascoso suffered the discomfort and
embarrassment of the downgrade. He sued the AirFrance for quasi-delict but AirFrance argued that, since his travel
was governed by a contract between them, no quasi-delict could arise. Is AirFrance correct?
a. No, denying Rafael Carrascoso the comfort and amenities of the business class as provided in the ticket is a
tortious act.
b. Yes, since the facts show a breach of contract, not a quasi-delict.
c. No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad
faith, and malice.
d. Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties.
22. This is adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
a. Liquidated damages
b. Moral damages
c. Temperate damages
d. Nominal damages

23. If the offer is made by letter or telegram, from the moment the offeree transmits the notification of acceptance to the
offeror, as when the letter is placed in the mailbox, the contract is already accepted.
a. Manifestation Theory
b. Cognition Theory
c. Expedition Theory
d. Either Expedition Theory or Manifestation Theory

24. S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and lot, T, a
very good friend of S, threatened B with death as a result of which B accepted the offer of S. it turns out now that the
market value of the house and lot is P15,000,000. Is the contract of S and B valid?
a. It is not B but S or T who can file the action for annulment.
b. The contract is valid since it is very clear that S did not apply the intimidation.
c. The issue of the contract being voidable is not relevant because B will not have the contract avoidable because it
is actually favorable to him.
d. The contract is voidable because the consent given by B is anyway vitiated even if the intimidation was employed
by a third person.

25. L leased his property to X (lessee). X subleased part of the premises to SL (sub-lessee) in violation of the condition of
the contract of lease between L and X. L therefore goes to court to rescind the contract. Here, SL cannot object to the
rescission on the ground that if the contract is rescinded the sublease would be affected, because of what characteristic
of contract?
a. Relativity
b. Mutuality
c. Liberty
d. Consensuality

26. Which among the following contracts is void?

a. A contract of barter between S, insane, and B, 17 years old.
b. A contract of sale where B, aimed a gun at the wife of S, so that S would sign the deed of sale.
c. A contract for the sale of a cow which is suffering from a contagious disease.
d. A contract of sale where B, buyer, twisted the arm of S, seller, so that S would sign the deed of sale.

27. On 1 July 2019, Serrano offered to sell his only BMW car for P2,000,000.00 to Benitez who was interested in buying
the same. In his letter to Benitez, Serrano stated that he was giving Benitez up to 31 July 2019 to make up his mind
whether to buy the car or not. On 25 July 2019, Serrano personally went to Benitez to inform him that he was no
longer willing to sell the car unless the price was increased to P2,400,000.00 because another buyer was interested in
buying the car for the said amount of P2,4000,000.00. Which of the following statements is correct?
a. Benitez may compel Serrano to sell to him the car for P2,000,000.00.
b. Serrano may validly withdraw his offer to Benitez because the option was not founded upon a consideration.
c. Serrano may not withdraw his offer until after the lapse of the option period that he gave to Benitez.
d. The increase in price made by Serrano was not valid because it was made within the option period.

28. Kristian Gay, while driving his school bus negligently, hit a tree, inflicting upon his student-passenger and a
pedestrian severe bodily injury. What is the source of Kristian Gay’s obligation towards his student-passenger?
a. Quasi-contract
b. Quasi-Delict
c. Contract
d. Delict
29. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the
knowledge of the owner, the latter is bound to pay the former just compensation based on what precise source of
obligation?
a. Solutio Indebiti
b. Quasi-Contract
c. Negotiorum Gestio
d. Ex Lege

30. State the correct order of laws or rules governing innominate contracts:
I. Customs of the place
II. Rules governing the most analogous nominate contracts
III. Provisions of Titles I and II of Book IV of the Civil Code
IV. Stipulation of the parties
a. III, IV, I, II
b. II, I, IV, III
c. IV, III, II, I
d. I, II, III, IV
ANSWERS for Mock Qualifying Quiz 1 – ObliCon
1. A
2. D
3. D
4. C
5. C
6. C
7. C
8. A
9. B
10. A
11. B
12. D
13. C
14. B
15. A
16. B
17. A
18. B
19. B
20. B
21. C
22. D
23. D
24. D
25. A
26. C
27. B
28. C
29. B
30. C