1. A owes B P1M.

A proposed to B that C will pay A's debt and he will be released from all
liabilities to him. B and C agreed to the proposal. Later, when B tried to collect from C, he found
out that he was insolvent.
a) A is no longer liable to B despite the insolvency of C unless said was of public
knowledge or known to him when he delegated the debt.
b) A is no longer liable to B even if he had knowledge of C's insolvency provided it is not of
public knowledge;
c) A is no longer liable to B because of the substitution of C in his place if he had no
knowledge of the insolvency despite it being of public knowledge;
d) A is still liable to B because he was the one who proposed to B that C shall substitute
him as debtor
—ARTICLE 1293-1295: NOVATION

2. Payment must be made in the following, except:

a) If there is a stipulation, then in the place designated
b) If there is no stipulation and the obligation is to give a determinate thing, wherever the
thing might be at the time the obligation was constituted
c) If there is no stipulation and the obligation is to give a generic thing, then at the domicile
of the obligee
d) If there is no stipulation and the obligation is to do, then at the domicile of the debtor
—ARTICLE 1251

3. D owes C P1M. G is the guarantor. A stranger S paid C the debt of D without the knowledge
of the latter. In this case:
a) If G pays S, the former can demand reimbursement from D;
b) D has no obligation to reimburse S because he paid without the consent of D.
c) If D fails to pay S, the latter can compel G to pay him;
d) S cannot compel G to pay him;
—ARTICLE 1237

4. Which of the following is not considered as quasi-contract?

a) Negotiorum gestio
b) Reimbursement due the person saved property during fire or storm without the
knowledge of the owner
c) When the third person, without the knowledge of the debtor, pays the debt
d) Solutio indebiti
—ARTICLE 1160

5. B imports electric fans from China and specifically asks for 220 volt fans. The fans arrived
fully labelled 220 volts and sell them to the public as such. Later, it turned out that the fans has
been mislabelled by the manufacturer and were only good for 110 volts.
a) B is liable because the vendee did not enjoy legal and peaceful possession of the object
of sale.
b) B is liable to the vendee for any hidden defects in the thing sold, even though he was not
aware thereof.
c) B is not liable under the principle of let the buyer beware
d) B is not liable because he was in good faith, and this is shown by specifically asking for
220 volts
6. It presupposes not only that the obligor is able, ready and willing but more so, in the act of
performing his obligation.
a) Bill of exchange
b) Promissory note
c) Tender of payment
d) Obligation to sell
—ARTICLE 1256

7. A bought biscuits from a grocery store and was hospitalized due to food poisoning as a result
of toxic substance contained in the biscuits sold to retailers by the Ace Foods Inc. A is now
suing the said producer corporation for damages. Decide:
a) Ace Foods Inc is not liable to A because the latter was negligent in eating the biscuit
despite the presence of harmful substance therein.
b) Ace Foods Inc. is liable for damages due to quasi-delicts due to its negligence in the
preparation of the biscuits thus causing damage to A.
c) A must claim damages from the grocery store and not from the producer since the
grocery was the one which sold the poisoned food to A.
d) A has no right to claim for damages from the producer because there was not contract
between them.
—ARTICLE 1162: Quasi-delicts

8. An action to impugn the acts of a debtor intended to defraud the creditor is

a) accion pauliana
b) accion redhibitoria
c) Accion subrogatoria
d) Accion reivindicatoria

9. The following are the elements of an obligation, except

a) Vinculum
b) Efficient cause
c) Active and passive subjects
d) Prescription
—ARTICLE 1156

10. The right of the creditor that is enforceable against anybody is, what kind of right?
a) Moral
b) Personal
c) Natural
d) Real
—ARTICLE 1164
11. A, B and C bound themselves to deliver to X a specific car worth P3M. Due to the fault of A,
the car was lost. In this case
a) X can claim damages from any one of the three for his proportionate part of liability
because the obligation is indivisible
b) Only A is liable for damages although B and C are liable for their respective shares in
the obligation
c) X can claim only from A the whole amount of damages other than the value of the car
d) Since it is solidary liabilities for damages, X can claim the same from any of the three
—NOT SURE PA DITO, NAKAKALITO

12. X by mistake delivered to A and B a sum of money which would have been delivered to C
and D. X now demands the return of the same from A and B. The liability of the latter for the
sum of money to which they are not entitled shall be:
a) X has no right to recover as he was negligent in the delivery of the money.
b) A and B shall be liable jointly
c) They are not liable for having received the money in good faith
d) A and B shall be liable solidarily

13. Specific performance may not be possible in this civil obligation

a) A, a painter, obliges himself to paint the portrait of B on January 8,2011
b) C, a farmer, obliges himself to give his only cow to D on February 14, 2011
c) E, a veterinarian, obliges himself to give one of his dogs to F on May 1, 2011
d) G, a registrar of deeds, obliges himself to effect registration of H's parcel of land on June
20, 2011
—ARTICLE 1167

14. Indivisibility as distinguished from solidarity.

a) Refers to the prestation which constitutes the object of the obligation.
b) Refers to the legal tie or vinculum.
c) Plurality of subject is indivisible.
d) When the obligation is converted into one of indemnity for damages because of breach,
the character of the obligation remains.
—ARTICLE 1210

15. Jun offered Zo a specific parcel of land at a specific price. Jun gave Zo 60 days within which
to accept. Zo agreed.
a) There can be no withdrawal because there is perfected option contract.
b) Jun may withdraw or increase the price within the 60 day period
c) Within 60 days, Jun cannot withdraw but may increase the price.
d) There can’t be no withdrawal because the period is binding.
—ARTICLE 1324
16. A meeting of minds between two persons whereby one binds himself with respect to the
other to give something or to render some service is known as:
A. obligation
B. consent
C. contract
D. stipulation
—ARTICLE 1318
17. The stages of a contract according to the order of their occurrence are:
A. birth, conception and consummation
B. conception, consummation and birth
C. conception, birth and consummation
D. consummation, conception and birth
—ARTICLE 1316
18. The elements of a contract without which a contract would not exist are known as:
A. accidental elements
B. natural elements
C. special elements
D. essential elements
—ARTICLE 1318
19. A consensual contract that has the following elements:
A. consent of the contracting parties, object certain and cause or consideration
B. consent of the contracting parties, object certain and cause or consideration and
delivery of the object
C. consent of the contracting parties, object certain and cause or consideration and
formalities required by law
D. consent of the contracting parties, object certain, delivery of the object and formalities
required by law
—ARTICLE 1316
20. A real contract has the following essential elements:
A. consent of the contracting parties, object certain and cause or consideration
B. consent of the contracting parties, object certain and cause or consideration and
delivery of the object
C. consent of the contracting parties, object certain and cause or consideration and
formalities required by law
D. consent of the contracting parties, object certain, delivery of the object and formalities
required by law
—ARTICLE 1316
21. A solemn or formal contract has the following essential elements:
A. consent of the contracting parties, object certain and cause or consideration
B. consent of the contracting parties, object certain and cause or consideration and
delivery of the object
C. consent of the contracting parties, object certain and cause or consideration and
formalities required by law
D. consent of the contracting parties, object certain, delivery of the object and formalities
required by law
—ARTICLE 1316
22. A contract that does not have any special name under the law is known as:
A. nominate contract
B. innominate contract
C. special contract
D. nominal contract
—ARTICLE 1307
23. It is the manifestation of the meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract:
A. consideration
B. contract
C. consent
D. cause
—ARTICLE 1319
24. S offers to sell his car to B for P125,000.00 cash. B accepts the offer but is willing to pay
only P120,000.00
A. The contract was perfected at the price of P125,000.00
B. The contract was perfected at the price of P120,000.00
C. The contract was perfected at the price of P122,500.00, the average price of the offer
and the acceptance
D. The contract was not perfected because the acceptance by B was qualified and it
constituted a counter-offer
—ARTICLE 1319
25. One of the following is not incapable of giving his consent:
A. Insane persons
B. Deaf-mutes who do not know how to write
C. Deaf-mutes who know how to write
D. Unemancipated minor
—ARTICLE 1327
26. A contract entered into by an incapacitated person is:
A. valid
B. voidable
 C. rescissible
D. void
—ARTICLE 1327
27. A contract entered into by an insane person during a lucid interval is:
A. valid
B. voidable
C. rescissible
D. void
—ARTICLE 1328
28. Aside from fraud and undue influence, the following are the vices of consent, except:
A. violence
B. intimidation
C. mistake
D. dealer’s talk
—ARTICLE 1330
29. It involves the employment of serious or irresistible force to obtain consent.
A. Intimidation
B. Threat
C. Violence
D. Moral coercion
—ARTICLE 1335
30. It is present when one of the contracting parties is compelled by a reasonable and well-
grounded fear of an imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants, and ascendants, to give his consent.
A. Violence
B. Physical coercion
C. Intimidation
D. Mistake
—ARTICLE 1335