Final Term (Oblicon)

V.

1. Which of the following is NOT a restriction on one’s capacity to act?

a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction

Ans. B

2. Ricky and Princess were sweethearts. Princess became pregnant. Knowing that
Ricky is preparing for the examinations, Marforth, a lawyer and cousin of Princess,
threatened Ricky with the filing of a complaint for immorality in the Supreme Court, thus
preventing him from taking examinations unless he marries Princess. As a
consequence of the threat, Ricky married Princess. Can the marriage be annulled on
the ground of intimidation under Article 45 of the Family Code? Choose the best
answer.
a) Yes, because without the threat, Ricky would not have married Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the consent
of Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage between
Princess and Ricky.

Ans. C

3. Ernesto donated a mobile phone worth P 32,000 to Hubert orally and delivered the
unit to Hubert who accepted. Which statement is most accurate?
a) The donation is void and Ernesto may get mobile phone back.
b) The donation is void but Ernesto cannot get the mobile phone back.
c) The donation is voidable and may be annulled.
d) The donation is valid.

Ans. A

4. It is a conduct that may consist of giving, doing, or not doing something.

a) Obligation
b) Juridical necessity
c) Prestation
d) Contract

Ans. C

5. It is a juridical relation arising from lawful, voluntary and unilateral acts based on the

principle that no one should unjustly enrich himself at the expense of another.
a) Quasi-contract
b) Quasi-delict
c) Contract
d) Delict

Ans. A

6. The following are the elements of quasi-delict, except:

a) Act of omission
 b) Fault/negligence
c) Damage/injury
d) Pre-existing contract

Ans. D

7. A debtor is liable for damages in case of delay if he is guilty of any of the

following, except:
a) default (mora)
b) mistake
c) negligence (culpa)
d) breach through contravention of the tenor thereof

Ans. B

8. This term refers to a delay on the part of both the debtor and creditor in reciprocal
obligations.
a) Mora accipiendi
b) Mora solvendi
c) Compensation morae
d) Solution indebiti

Ans. C

9. The following are the requisites of mora solvendi, except:

a) Obligation pertains to the debtor and is determinate, due, demandable, and
liquidated.
b) Obligation was performed on its maturity date.
c) There is judicial or extrajudicial demand by the creditor.
d) Failure of the debtor to comply with such demand.

Ans. B

10. It is an international evasion of the faithful performance of the obligation.

a) Negligence
b) Fraud
c) Delay
d) Mistake

Ans. B

11. The following are the requisites of fortuitous event, except:

a) Cause is independent of the will of the debtor.
b) The event is unforeseeable/unavoidable.
c) Occurrence renders it absolutely impossible for the debtor to fulfill his
obligation in a normal manner; impossibility must be absolute not partial,
otherwise not force majeure.
d) Debtor contributed to the aggravation of the injury to the creditor.

Ans. D

12. A debtor may still be held liable for loss or damages even if it was caused by a
fortuitous event in any of the following instances, except:
a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing
to two or more persons who do not have the same interest.
b) The debtor contributed to the loss.
 c) The thing to be delivered is generic.
d) The creditor is guilty of fraud, negligence or delay or if he contravened the
tenor of the obligation.

Ans. C

13. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the amount
of P 5,000.00. Suppose Buko paid the obligation, what is his right as against his co-
debtors?
a) Buko cas ask for reimbursement from Fermin and Toti.
b) Buko can sue Fermin and Toti for damages.
c) Buko can sue for rescission.
d) Buko can claim a refund from Ayee.

Ans. A

14. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum
of P 10,000.00. When the obligation became due and demandable, Ayee sued Buko for
the payment of the P 10,000.00. Buko moved to dismiss on the ground that there was
failure to implead Fermin and Toti who are indispensable parties. Will the motion to
dismiss prosper? Why?
a) Yes, because Fermin and Toti should have been impleaded as their obligation
is solidary.
b) No, because the creditor may proceed against any one of the solidary debtors
or some or all of them simultaneously.
c) No, because a motion to dismiss is a prohibited pleading.
d) Yes, because Fermin and Toti should also pay their share of the obligation.

Ans. B

15. Buko, Fermin and Toti are solidarily debtors of Ayee. Twelve (12) years after the
obligation became due and demandable, Buko paid Ayee and later on asked for
reimbursement of Fermin’s and Toti’s shares. Is Buko correct? Why?
a) No, because the obligation has already prescribed.
b) Yes, because the obligation is solidary.
c) No, because in solidary obligation any one of the solidary debtors can pay the
entire debt.
d) Yes, because Fermin and Toti will be unduly enriched at the expense of Buko.

Ans. A

16. Buko, Fermin and Toti are solidary debtors under a loan obligation of P 300,000.00
which has fallen due. The creditor has, however, condoned Fermin’s entire share in the
debt. Since Toti has become insolvent, the creditor makes a demand on Buko to pay
the debt. How much, if any, may Buko be compelled to pay?
a) P 200.000.00
b) P 300,000.00
c) P 100,000.00
d) P 150,000.00

Ans. A

17. Dina bought a car from Jai and delivered a check in payment of the same. Has Dina
paid the obligation? Why?
a) No, not yet. The delivery of promissory notes payable to order, or bills of
exchange or other mercantile documents shall produce the effect of payment
 only when they have been cashed, or when through the fault of the creditor they
have been impaired.
b) Yes, because a check is a valid legal tender of payment.
c) It depends. If the check is a manager’s check or cashier’s check it will produce
the effect of payment. If it’s an ordinary check, no payment.
d) Yes, because a check is as good as cash.

Ans. A

18. The following are the requisites of legal compensation, except:

a) That each of the obligors is bound principally and that he be the same time a
principal creditor of the other.
b) That both debts consist in a sum of money, or if the things due are
consumable, they be the same kind, and also of the same quality if the latter has
been stated.
c) That the two (2) debts are not yet due.
d) That they be liquidated and demandable.

Ans. C

19. Which of the following statements is correct?

a) All contracts are perfected by mere consent.
b) All contracts are perfected by delivery of the object.
c) All contracts are required to be in writing.
d) All contracts are required to have a valid consideration.

Ans. D

20. It is a principle which holds that parties are bound not only by what has been
expressly provided for in the contract but also to the natural consequences that flow out
of such agreement.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts

Ans. A

21. It is a principle which holds that contracts must be binding to both parties and its
validity and effectivity can never be left to the will of one of the parties.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts

Ans. B

22. It refers to the rule that a contract is binding not only between parties but extends to
the heirs, successors in interest, and assignees of the parties, provided that the contract
involved transmissible rights by their nature, or by stipulation or by law.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts

Ans. D
23. It is rule which holds that the freedom of the parties to contract includes the freedom
to stipulate, provided the stipulations are not contrary to law, morals, good customs,
public order or public policy.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts

Ans. C

24. The following are the ways by which innominate contracts are regulated, except:
a) By the stipulation of the parties.
b) By the general principles of quasi-contracts and delicts
c) By the rules governing the most analogous nominate contracts.
d) By the customs of the place.

Ans. B

25. An offer becomes ineffective on any of the following grounds, except:

a) Death, civil interdiction, insanity/insolvency of either party before acceptance is
conveyed.
b) Acceptance of the offer by the offeree.
c) Qualified/conditional acceptance of the offer, which becomes counter-offer.
d) Subject matter becomes illegal/impossible before acceptance is
communicated.

Ans. B

26. Which of the following statements is correct?

a) Offers in interrelated contracts are perfected upon consent.
b) Offers in interrelated contracts require a single acceptance.
c) Business advertisements are definite offers that require specific acceptance.
d) Advertisements for Bidders are only invitations to make proposals and the
advertiser is not bound to accept the highest/lowest bidder, unless it appears
otherwise.

Ans. D

27. The following are solemn contracts (Contracts which must appear in

writing), except:
a) Donations of real estate or of movables if the value exceeds P 5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land through an agent (authority must be in writing).
d) Construction contract of a building.

Ans. D

28. The following are rescissible contracts, except:

a) Entered into by guardian whenever ward suffers damage more than ¼ of value
of property.
b) Agreed upon in representation of absentees, if absentee suffers lesion by
more than ¼ of value of property.
c) Contracts where fraud is committed on creditor (accion pauliana).
d) Contracts entered into by minors.

Ans. D
29. The following are the requisites before a contract entered into in fraud of creditors
may be rescinded, except:
a) There must be credited existing prior to the celebration of the contract.
b) There must be fraud, or at least, the intent to commit fraud to the prejudice of
the creditor seeking rescission.
c) The creditor cannot in any legal manner collect his credit (subsidiary character
of rescission)
d) The object of the contract must be legally in the possession of a 3 rd person in
good faith.

Ans. D

30. The following are the characteristics of a voidable contract, except:

a) Effective until set aside.
b) May be assailed/attacked only in an action for that purpose.
c) Can be confirmed or ratified.
d) Can be assailed only by either party.

Ans. D

31 The following are void contracts, except:

a) Pactum commissorium
b) Pactum de non alienando
c) Pactum leonina
d) Pacto de retro

Ans. D

32. The borrower in a contract of loan or mutuum must pay interest to the lender.
a) If there is an agreement in writing to the effect.
b) As a matter of course.
c) If the amount borrowed is very large.
d) If the lender so demands at the maturity date.

Ans. A

33. The liability of the school, its administrators and teachers, or the individual, entity or
institution engaged in child care over the minor child or damage caused by the acts or
omissions of the unemancipated minor while under their supervision, instruction or
custody shall be:
a) Joint and subsidiary
b) Principal and solidary
c) Principal and joint
d) Subsidiary and solidary.

Ans. B

34. The creditor has the right to the fruits of the thing from the time:
a) the thing is delivered.
b) the obligation to deliver the things arises.
c) the contract is perfected.
d) the fruits are delivered.

Ans. B

35. If one of the parties to the contract is without juridical capacity, the contract is:
a) voidable
 b) rescissible
c) void
d) unenforceable

Ans. C

36. When both parties to the contract are minors, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable

Ans. D

37. When the consent of one of the parties was vitiated, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable

Ans. A

38. An obligation which is based on equity and natural law is known as:
a) pure
b) quasi-contract
c) civil
d) natural

Ans. D

39. Consent was given by one in representation of another but without authority. The
contract is:
a) voidable
b) rescissible
c) void
d) unenforceable

Ans. D

40. Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold the
same car in the name of Mr. Lacas to Atty. Buko. The contract between Atty. Buko and
Mr. Lacas is ---
a) void because of the absence of consent from the owner, Mr. Lacas.
b) valid because all of the essential requisites of a contract are present.
c) unenforceable because Michael Fermin had no authority but he sold the car in
the name of Mr. Lacas, the owner.
d) rescissible because the contract caused lesion to Atty. Buko.

Ans. C

41. Which of the following contracts is void?

a) An oral sale of a parcel of land.
b) A sale of land by an agent in a public instrument where his authority from the
principal is oral.
 c) A donation of a wrist watch worth P 4,500.00.
d) A relatively simulated contract.

Ans. B

42. Which of the following expresses a correct principle of law? Choose the best
answer.
a) Failure to disclose facts when there is a duty to reveal them, does not
constitute fraud.
b) Violence or intimidation does not render a contract annullable if employed not
by a contracting party but by a third person.
c) A threat to enforce one’s claim through competent authority, if the claim is
legal or just, does not vitiate consent.
d) Absolute simulation of a contract always results in a void contract.

Ans. D

43. Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. The
offer was orally accepted. By agreement, the land was to be delivered (through
execution of a notarized Deed of Sale) and the price was to be paid exactly one-month
from their oral agreement. Which statement is most accurate?
a) If Aligada refuses to deliver the land on the agreed date despite payment by
Balane, the latter may not successfully sue Aligada because the contract is oral.
b) If Aligada refused to deliver the land, Balane may successfully sue for
fulfillment of the obligation even if he has not tendered payment of the purchase
price.
c) The contract between the parties is rescissible.
d) The contract between the parties is subject to ratification by the parties.

Ans. D

44. Which of the following statements is wrong?

a) Creditors are protected in cases of contracts intended to defraud them.
b) Contracts take effect only between the parties, their assign and heirs, except
in case where the rights and obligations arising from the contract are not
transmissible by their nature, or by stipulation or by provision of law.
c) If a contract should contain some stipulation in favor of a third person, he may
demand its fulfillment provided he communicated his acceptance to the obligor
before its revocation.
d) In contracts creating real rights, third persons who come into possession of the
object of the contract are not bound thereby.

Ans. D

45. Which phrase most accurately completes the statement – Any third person who
induces another to violate his contract:
a) shall be liable for damages only if he is a party to the same contract.
b) shall be liable for damages to the other contracting party.
c) shall not be liable for damages to the other contracting party.
d) shall not be liable for damages if the parties are in pari delicto.

Ans. B
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