RFBT Q 1 2

Culpa levis under the Roman Law means
Select one:
A. Slight negligence
B. Super negligence
C. Ordinary negligence
D. Grave negligence
Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the benefit of marriage
in exchange for the monthly support of thirty thousand (P30,000.00) that Mr. Hukluban would give to
Ms. Maputi. Both Mr. Hukluban and Ms. Maputi are single, of legal age, and there is no legal
impediment for them to get married. Their parents have no objections to the two getting married.
Based on the foregoing information, which of the following statements is true?
Select one:
A. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary to morals
B. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support of P20,000 that
he had promised
C. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
D. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can legally get
married if they want to
Which of the following is void?
Select one:
A. Obligation with resolutory condition wherein the fulfillment of the condition depend upon the
will of the creditor.
B. Obligation with resolutory condition wherein the fulfillment of the condition depend upon the
sole will of the debtor
C. Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
D. Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered
and not from the time the obligation to deliver it arises
Select one:
A. Both statements are false
B. Both statements are true
C. First statement is false; second statement is true
D. First statement is true; second statement is false
It is the right of the active subject to demand performance to a definite passive subject?
Select one:
A. Real right
B. Jus in re
C. Jus ad rem
D. Jus utendi
Statement 1: Civil obligation is based not on positive law but based on equity and natural law.
Statement 2: Natural obligation gives a right of action to compel their performance.
Select one:
B. First statement is true; second statement is false

D. Both statements are true
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B
Select one:
A. Correct answer not given
B. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
C. Yes, because the essential elements are all present, namely: consent, object and consideration
D. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the benefit
of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor
of his right to demand payment.
Select one:
A. First statement is false; second statement is true
C. Both statements are false
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited
P30,000 in the bank spent for food, clothing and other personal expenses P20,000, joined a tour
abroad costing P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent.
Upon reaching the age of 21 years, X files an action for annulment which the court granted. Y was
required to return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P40,000
B. P30,000
C. P70,000
D. P80,000
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC are
Select one:
A. Real on the part of S.C. but personal in the part of O
B. Real in the part of O but personal in the part of SC
C. Both real
D. Both personal
A to sell B his lot and house in the city if A decides to transfer and live, in the countryside” is an
example of
Select one:
A. Casual condition
B. Mixed condition
C. Resolutory condition
D. Potestative condition
Which of these obligation is demandable at once
Select one:
A. Pure
B. With a period where the period is ex d
C. None of the choices
D. Conditional where the condition is suspensive
It is the gratuitous abandonment by the creditor of his right against the debtor
Select one:
A.Remission
B.Abandonement
C.Novation
D.Dation en pago
Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered
and not from the time the obligation to deliver it arises
Select one:
C. First statement is true; second statement is false
D. First statement is false; second statement is true
The remedy of specific performance is available to the following:
I. Obligation to give a determinate thing
II. Obligation to give an indeterminate thing
III. Obligation to do
Obligation not to d
Select one:
A. I and II
B. I, II, III and IV
C. I, II and III
D. I and III
Which obligation is not valid?
Select one:
A. "I promise to give you P100,000 if I go to Sariaya, Quezon this weekend"
B. "I promise to give you P100,000 on December 25, 2016"
C. "I Promise to give you P100,000 if your patient dies"
D. "I promise to give you P100,000 if you pass the May 2016 CPA Board Examination.
Which of the following is not is not a mode of extinguishing an obligation?
Select one:
A. Quasi delict
B. Condonation
C. Loss of specific things
D. Confusion
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The
partnership is engaged in the manufacture and export of garments. Due to a very strong typhoon, the
entire roofing of the factory was blown by the strong winds and if not repaired immediately would
aggravate the damage. A, B, C and D agreed on an additional contribution of P200,000 each in order to
save the business from imminent loss. Which of these is the correct statement?
Select one:
A. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
B. B can question the decision because he did not vote for the additional contribution
C. If C still has money, but refuses to make the contribution, he can be compelled to sells his
interest in the partnership to the other partners
D. D is duty bound to contribute 20% more of his time to the business of the partnership
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:
Select one:
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 thing to be delivered is generic
C.The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation
D.The debtor contributed to the loss
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 following statements is incorrect?
A. C is entitled to claim compensation
B. D may oppose the compensation being claimed by C
C. C is not entitled to claim compensation
D. Only D may claim the compensation should C demand the delivery of a ring from him (D)
Marygold, a minor enter into a contract with Riza, an insane in connection with the sale of Rizal Park
for P300,000. Said contract is
A. Valid
B. Rescissible
C. Void
D. Unenforceable
E. Voidable
Statement 1. If the partner is the sole manager of the partnership and he associate another person
with him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership
A. Both are false
B. No. 1 is true; No. 2 is false
C. No. 1 is false; No. 2 is true
D. Both are true
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is:
A. Rescissible
B. Void
C. Unenforceable
D. Valid
When the debtor abandons or transfers all his properties to the creditors so that the creditors may
sell the properties and out of the net proceeds the creditors recover their claims this is called
A. Dacion en pago
B. Payment of cession
C. Tender of payment and consignation
D. Remission
A, B and C formed a partnership with the following as their contributions: A – P500,000.00, B –

P300,000.00 plus office equipment worth P150,000.00, and C – his services. The partnership contract
is oral. Therefore their contract of partnership is:
A. void
B. rescissible
C. unenforceable
D. valid
and B?
A. Yes, because the essential elements are all present, namely: consent, object and consideration
B. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
C. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
D. Correct answer not given
Statement 1. A partner appointed as manager in the articles of partnership may be removed with or
without cause
Statement 2. A limited partner can contribute money or property to the common fund
A. Both are true
B. No. 1 is false; No. 2 is true
C. No. 1 is true; No. 2 is false
D. Both are false

Statement 1: Payment shall be made to the person in whose favor the obligation has been
constituted, or his successor in interest, or any person authorized to receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered
to retain the debt shall not be valid
Statement 1: Payment made in good faith to any person in possession of the credit shall release the
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt
in money, shall be governed by the law of sales
A. Both statements are true
B. Both statements are false
Quiz 1 – RFBT

Select one:
A. Pure
B. Conditional where the condition is suspensive
C. With a period where the period is ex d
D. None of the choices
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time,
B offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has
received the offer of S and S has also received the telegram of B. Is there a perfected contract of
sale between S and B
Select one:
A. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing
of offers
B. Yes, because the essential elements are all present, namely: consent, object and consideration
C. Correct answer not given
D. No, because the house and lot being an immovable to perfect the contract it must be in a
public document
Teachers or heads of establishments of arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain in their custody. The liability arises
from:
Select one:
A. Quasi delict
B. Quasi contract
C. Law
D. Delict
E. Contract
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to
a contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be
inferred from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
B. Statement I is true but statement II is false
D. Statement I is false but statement II is true
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is
not possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
B. First statement is false; second statement is true
D. Both statements are false
A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services.
The partnership is engaged in the manufacture and export of garments. Due to a very strong
typhoon, the entire roofing of the factory was blown by the strong winds and if not repaired
immediately would aggravate the damage. A, B, C and D agreed on an additional contribution of
P200,000 each in order to save the business from imminent loss. Which of these is the correct
statement?
Select one:
A. If A no longer has money, he can be compelled to sell his interest in the partnership to the
other partners
C. D is duty bound to contribute 20% more of his time to the business of the partnership
D. If C still has money, but refuses to make the contribution, he can be compelled to sells his
interest in the partnership to the other partners

Select one:
A. Confusion
B. Condonation
C. Loss of specific things
D. Quasi delict

Obligation not to d
Select one:
A. I, II and III
B. I and III
C. I, II, III and IV
D. I and II
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the
benefit of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the
creditor of his right to demand payment.
Select one:
A. First statement is true; second statement is false
C. Both statements are true
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of
P80,000. The obligations of O and SC are
Select one:
A. Both real
B. Real in the part of O but personal in the part of SC
C. Both personal
D. Real on the part of S.C. but personal in the part of O
Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike
damages arising from negligence especially if there is contributory negligence.
Select one:
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within
which to decide whether or not to buy. After only 15 days, S met T who offered to buy the same
house and lot for P8,000,000. S then notified B of the withdrawal of the option and proceeded to
sell to T. B files an action for damages against S
Select one:
A. B can recover damages from S because the latter violated the option given to the former
B. B cannot recover damages from C because his option is without consideration as something
paid or promised
C. Correct answer not indicated
D. B can recover damages from S if B gave S option money which will result in a perfected
contract of sale
Every obligation whose performance does not depend upon a future or uncertain event, or upon a
past event unknown to the parties, is demandable at once. This refers to
Select one:
A. Divisible and indivisible obligations
B. Obligation with a period
C. Joint and Solidary obligations
D. Pure obligation
Select one:
A. Jus ad rem
B. Real right
C. Jus utendi
D. Jus in re

Select one:
A. Ordinary negligence
B. Super negligence
C. Slight negligence
D. Grave negligence
When the debtor abandons or transfers all his properties to the creditors so that the creditors may
sell the properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. Payment of cession
B. Tender of payment and consignation
C. Dacion en pago
D. Remission
A wrong committed independent of contract and without criminal intent is

Select one:
A. Quasi delict
B. Delict
C. Culpa aquiliana
D. Culpa contractual
Which is not considered as quasi contract?

Select one:
A. Reimbursement due the person who saved property during fire or typhoon without the
knowledge of the owner
B. When the third person with the knowledge of the debtor, pays the debt
C. Solutio indebiti
D. Negotiorum gestio
Statement 1: Civil obligation is based not on positive law but based on equity and natural law.
Statement 2: Natural obligation gives a right of action to compel their performance.
Select one:
There is no legal delay in
Select one:
A. Obligation to deliver determinate thing
B. Negative personal obligation
C. Obligation to deliver indeterminate thing
D. Positive personal obligation
QUIZ 2 – RFBT
Which of the following is not a characteristic of partnership contract?

A. Consensual
B. Onerous
C. Principal
D. Innominate
E. Answer not given
The certificate of limited partnership shall be cancelled when:

A. A person is admitted as general partner
B. There is change in the character of the business of the partnership
C. A person is substituted as a limited partner
D. When the partnership is dissolved
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within
which to decide whether or not to buy. After only 15 days, S met T who offered to buy the same
house and lot for P8,000,000. S then notified B of the withdrawal of the option and proceeded to
sell to T. B files an action for damages against S
A. B can recover damages from S if B gave S option money which will result in a perfected
contract of sale
B. B cannot recover damages from C because his option is without consideration as something
paid or promised
C. B can recover damages from S because the latter violated the option given to the former
D. Correct answer not indicated
D owes C P6,000.00. No date for payment was stipulated by the parties

A. C can require D to pay at anytime
B. C cannot require D to pay because there is no date for payment
C. D is not liable to C because the obligation is void there being no date of payment
D. D is not required to pay unless C goes to court and asks the court to fix a period for the
payment
In a written contract the true intention of the parties was not reflected therein through the fraud
committed by one of them, which fraud prevented a meeting of the minds. The applicable
remedy would be
A. Resolution of the obligation
B. A petition for the declaration of nullity of the contract
C. Annulment of the contract
D. Reformation of the contract
1 st Statement: In a universal partnership where its nature is not specified, the presumption is that
a universal partnership of all profits only is formed.
2nd statement: When the contribution to the partnership consists of personal property amounting
to P1,000,000 and real property amounting to P20,000 and the contract is entered verbally, the
partnership contract is void
C. 1 st statement is false and 2nd statement is true
D. 1 st statement is true and 2nd statement is false
Statement 1. If the partner is the sole manager of the partnership and he associate another person
with him in his share in the partnership, the person associated automatically becomes a partner in
the partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership.
A. No. 1 is true; No. 2 is false
B. Both are true
D. Both are false
Which of these constitutes fraud?
A. The usual exaggeration in trade if the other party had an opportunity to know the facts
B. A misrepresentation made in good faith
D. An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
E. Failure to disclose facts when there is no duty to reveal them
Statement 1. The conveyance of the whole interest of a partner in the partnership of itself
dissolves the partnership.
Statement 2. The contractual liability of the partners to third persons is joint and subsidiary
A. Both are true
C. Both are false
D. No. 1 is false; No. 2 is true
Statement 1: Payment made in good faith to any person in possession of the credit shall release
the debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a
debt in money, shall be governed by the law of sales
Q1
A to sell B his lot and house in the city if A decides to transfer and live, in the
countryside” is an example of
Select one:
A. Mixed condition
B. Potestative condition
C. Resolutory condition
D. Casual condition
It is the right of the active subject to demand performance to a definite passive

subject?
Select one:
A. Real right
B. Jus ad rem
C. Jus in re
D. Jus utendi
Statement 1: Payment made by the debtor to 3rd person or wrong party are

presumed for the benefit of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith
deprive the creditor of his right to demand payment.
Select one:
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 following statements is
incorrect?
Select one:
A. D may oppose the compensation being claimed by C
B. C is entitled to claim compensation
C. C is not entitled to claim compensation
D. Only D may claim the compensation should C demand the delivery of a ring from
him (D)
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the
note to Aiko, Aiko assigned the note to Bea; Bea assigned the note to Carmina,
Carmina assigned the note to Helen, and Helen assigned it back to Maila
Select one:
A. Maila's obligation is not extinguished because the note is not negotiable
B. Maila's obligation is extinguished by confusion
C. Maila's obligation is extinguished by condonation
D. Maila's obligation is extinguished by compensation
The guardian of an insane person sells a house and lot belonging to the latter
valued at P100,000 to B, buyer for P74,000 with the approval of the court. The
contract is
Select one:
A. Rescissible
B. Void
C. Valid
D. Voidable
E. Unenforceable

Obligation not to d
Select one:
A. I, II, III and IV
B. I and III
C. I, II and III
D. I and II
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On
said date, Dante failed to make delivery, despite repeated demands by Carlo
Select one:
A. Carlo has no remedy under the law
B. Carlo my ask a third person to deliver 100 cavans of rice to him, the value
recoverable from Dante plus damages
C. Carlo can compel Dante to deliver 100 cavans of rice plus damages
D. Dante can rescind the contract because the object is indeterminate
Delay or default on the part of the obligor to give is known as –

Select one:
A. mora accipiendi
B. compensation morae
C. mora solvendi ex persona
D. mora solvendi ex re
E. Mora solvendi

Select one:
A. "I Promise to give you P100,000 if your patient dies"
B. "I promise to give you P100,000 if I go to Sariaya, Quezon this weekend"
C. "I promise to give you P100,000 on December 25, 2016"
D. "I promise to give you P100,000 if you pass the May 2016 CPA Board
Examination.
Statement I. There is stipulation pour autrui in case the stipulation states that one
of the parties to a contract is exempt from all previous claims and damages
sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may
even be inferred from the fact that the beneficiary has enjoyed the same for a
considerable period
Select one:
B. Statement I is false but statement II is true
D. Statement I is true but statement II is false
Statement 1: If the debtor changes his domicile in bad faith or after he has
incurred in delay, the additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency
stipulated, and if it is not possible to deliver such currency, then in the currency
which is legal tender in the Philippines
Select one:
A judicial relation known as Negotiorum Gestio takes place

Select one:
A. When a person voluntarily takes charge of another’s abandoned business or
property without the owner’s consent
B. When something is received and there is no right to demand it and it was
delivered through mistake
D. When a person is appointed by a court to take the property or business of
another
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:
Select one:
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 thing to be delivered is generic
C. The debtor contributed to the loss
D. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor
of the obligation
This is never presumed. To exist it must be provided for in the Civil Code or in
some special law
Select one:
A. Obligation ex contractu
B. Obligation ex delicto
C. Obligation ex lege
D. Obligation ex quasi delicto
Statement II. Damages arising from fraud cannot be mitigated or reduced by the
courts unlike damages arising from negligence especially if there is contributory
negligence.
Select one:
A. Statement I is false but statement II is true
D. Statement I is true but statement II is false
Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the
benefit of marriage in exchange for the monthly support of thirty thousand
(P30,000.00) that Mr. Hukluban would give to Ms. Maputi. Both Mr. Hukluban and
Ms. Maputi are single, of legal age, and there is no legal impediment for them to
get married. Their parents have no objections to the two getting married. Based
on the foregoing information, which of the following statements is true?
Select one:
A. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support
of P20,000 that he had promised
B. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can
legally get married if they want to
C. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary
to morals
D. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
The following are all sources of contractual liability, except:

Select one:
A. Delay
B. Contravention of the tenor of the obligation
C. Fraud
D. Mistake
E. Negligence
Teachers or heads of establishments of arts and trades shall be liable for

damages caused by their pupils and students or apprentices, so long as they
remain in their custody. The liability arises from:
Select one:
A. Quasi delict
B. Quasi contract
C. Law
D. Contract
E. Delict
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the
sale, X deposited P30,000 in the bank spent for food, clothing and other personal
expenses P20,000, joined a tour abroad costing P20,000, lost in gambling P20,000
and loaned P10,000 to Z who became insolvent. Upon reaching the age of 21
years, X files an action for annulment which the court granted. Y was required to
return the land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
Select one:
A. P30,000
B. P80,000
C. P40,000
D. P70,000
Quiz 2
Which of the following is not a characteristic of partnership contract?
A. Consensual
B. Onerous
C. Innominate
D. Answer not given
E. Principal
The following are all factors vitiating consent, except
A. Fraud
B. Mistake
C. Violence
D. Negligence
E. Intimidation
Kin, a minor enter into a contract with Melody, an insane in connection with the
sale of Gameboy Advance with accessories for P10,000. Melody’s guardian ratify
the contract. The contract is:
A. Void
B. Unenforceable
C. Voidable
D. Rescissible
E. Valid
Statement 1. The conveyance of the whole interest of a partner in the partnership

of itself dissolves the partnership.
Statement 2. The contractual liability of the partners to third persons is joint and
subsidiary
A. Both are true

B. No. 1 is false; No. 2 is true
C. Both are false
D. No. 1 is true; No. 2 is false
A and B agreed to contribute their respective farms to form a partnership. A

immediately delivered his land. B waited until after 2 months so he could harvest
some rice in his farm. What may the parties do?
A. A should also be allowed to harvest any fruits in his land

B. A should ask for a rescission of the contract of partnership
C. B is allowed to keep his land until a formal demand is made
D. B should deliver the land and the rice he harvested
Amor is the capitalist partner and Burgos the industrial partner. Amor engaged
personally in the same kind of business the partnership is engaged in
A. If there are profits, the profits will be shared by Amor and the partnership
B. If there are losses, the partnership will bear the losses
C. If there are profits, Amor will give the profits to the partnership
D. Amor will be excluded from the partnership and pay damages
Statement 1. A partner appointed as manager in the articles of partnership may

be removed with or without cause
Statement 2. A limited partner can contribute money or property to the common

fund

B. Both are true
C. Both are false
Statement 1. If the partner is the sole manager of the partnership and he
associate another person with him in his share in the partnership, the person
associated automatically becomes a partner in the partnership.
Statement 2. All capacitated persons can enter into a contract of universal

parnership.
A. No. 1 is false; No. 2 is true

B. Both are false
C. No. 1 is true; No. 2 is false
D. Both are true
Which of the following contract is consensual
A. Mutuum
B. Mortgage
C. Deposit
D. Partnership
E. Commodatum
A. P70,000
B. P40,000
C. P30,000
D. P80,000
Three of the following statements are true. Which one is false

A. Not only the parties, but their heirs and assigns are bound by their contract
B. Obligations arising from contracts have the force of law between the contracting parties and must be
complied with in good faith
C. Fraud committed in the performance of an obligation gives the injured party the right to annul the
contract
D. Generally, the debtor is not liable for the non-performance of his obligation due to fortuitous event
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the note to Aiko, Aiko
assigned the note to Bea; Bea assigned the note to Carmina, Carmina assigned the note to Helen, and
Helen assigned it back to Maila
B. Maila's obligation is extinguished by condonation
C. Maila's obligation is extinguished by compensation
D. Maila's obligation is extinguished by confusion
The following are the requisites of fortuitous event, except

A. 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
B. The debtor contributed to the aggravation of the injury to the creditor
C. The event is unforeseeable/unavoidable
D. The cause is independent of the will of the debtor

A. Loss of specific things
B. Quasi delict
C. Condonation
D. Confusion
A. Quasi delict
B. Culpa aquiliana
C. Culpa contractual
D. Delict
and B
A. No, because the house and lot being an immovable to perfect the contract it must be in a public
document
B. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
C. Yes, because the essential elements are all present, namely: consent, object and consideration
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
A. Obligation with a period
B. Divisible and indivisible obligations
C. Pure obligation
D. Joint and Solidary obligations

A. Mora solvendi
B. mora solvendi ex re
C. compensation morae
D. mora solvendi ex persona
E. mora accipiendi

A. None of the choices
B. When a person voluntarily takes charge of another’s abandoned business or property without the
owner’s consent
C. When something is received and there is no right to demand it and it was delivered through mistake
D. When a person is appointed by a court to take the property or business of another
Delay or default on the part of the obligor to give is known as

A. mora accipiendi
B. compensation morae
C. mora solvendi ex persona
E. Mora solvendi
The following are the requisites of mora solvendi, except

A. Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
B. Failure of the debtor to comply with such demand
C. There is judicial or extrajudicial demand by the creditor
D. Obligation was performed on its maturity date
Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo
A. Dante can rescind the contract because the object is indeterminate
B. Carlo has no remedy under the law
C. Carlo can compel Dante to deliver 100 cavans of rice plus damages
D. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages
buyer for P74,000 with the approval of the court. The contract is
A. Unenforceable
B. Valid
C. Void
D. Voidable
E. Rescissible
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the benefit of
the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor
of his right to demand payment.
A. Novation
B. Abandonement
C. Remission
D. Dation en pago
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises
Valentina orally promised to many Pedro as consequence of which the latter contracted the Manila
Cathedral as the venue of the marriage, the whole of the Fiesta Pavilion of the Manila Hotel the bridal
gown to be made by Pitoy Moreno, spending all in all about P1,000,000. On the date of the marriage,
Valentina did not appear
A. While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
B. Pedro can neither collect damages from Valentina nor compel her to marry him
C. Pedro can legally compel Valentina to marry him
D. Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral
A. If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in
the partnership to the other partners
C. D is duty bound to contribute 20% more of his time to the business of the partnership
D. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
This is never presumed. To exist it must be provided for in the Civil Code or in some special law
A. Obligation ex quasi delicto
B. Obligation ex delicto
C. Obligation ex contractu
D. Obligation ex lege
The following are all factors vitiating consent, except

A. Intimidation
B. Violence
C. Fraud
D. Mistake
E. Negligence
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales
without cause
A. Both are true
C. Both are false
without cause
A. Both are false
B. Both are true
D. No. 1 is true; No. 2 is false
X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)
A. P40,000
B. P80,000
C. P70,000
D. P30,000
A. If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in
the partnership to the other partners
C. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
D. D is duty bound to contribute 20% more of his time to the business of the partnership
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 following statements is incorrect?
A. C is not entitled to claim compensation
B. Only D may claim the compensation should C demand the delivery of a ring from him (D)
C. D may oppose the compensation being claimed by C
D. C is entitled to claim compensation
A and B agreed to contribute their respective farms to form a partnership. A immediately delivered his
land. B waited until after 2 months so he could harvest some rice in his farm. What may the parties do?
A. B is allowed to keep his land until a formal demand is made
B. B should deliver the land and the rice he harvested
C. A should also be allowed to harvest any fruits in his land
D. A should ask for a rescission of the contract of partnership
A. Novation
B. Remission
C. Dation en pago
D. Abandonment

Select one:
A.Grave negligence
B.Super negligence
C.Slight negligence
D.Ordinary negligence

Select one:
A.mora accipiendi
B.Mora solvendi
C.compensation morae
D.mora solvendi ex re
E.mora solvendi ex persona
Select one:
A.Carlo can compel Dante to deliver 100 cavans of rice plus damages
B.Carlo has no remedy under the law
C.Dante can rescind the contract because the object is indeterminate

D.Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages
Statement 1: Responsibility arising from negligence or culpa in the performance of an obligation is

demandable. Culpa aquiliana is that fault or negligence which results from breach of contract.
Statement 2: Negligence signifies the idea of delay in the fulfillment of an obligation
Select one:
A.First statement is true; second statement is false
B.Both statements are false
C.Both statements are true
D.First statement is false; second statement is true
Select one:
C.First statement is false; second statement is true
D.Both statements are true
S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which to
decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot for
P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an action
for damages against S
Select one:
A.Correct answer not indicated
B.B can recover damages from S if B gave S option money which will result in a perfected contract
of sale
C.B cannot recover damages from C because his option is without consideration as something paid
or promised
D.B can recover damages from S because the latter violated the option given to the former
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?
Select one:
A.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
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.It is not B but S or T who can file the action for annulment
Select one:
A.Void
B.Voidable
C.Valid
D.Rescissible
E.Unenforceable

Select one:
A.Obligation was performed on its maturity date
B.Failure of the debtor to comply with such demand
C.Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
D.There is judicial or extrajudicial demand by the creditor
This are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized
Select one:
A.Actual damages
B.Nominal damage
C.Temperate damages
D.Moral damages

Select one:
A.When a person voluntarily takes charge of another’s abandoned business or property without the
owner’s consent
B.When a person is appointed by a court to take the property or business of another
C.When something is received and there is no right to demand it and it was delivered through
mistake
D.None of the choices
Select one:
A.Pedro can legally compel Valentina to marry him
B.While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
C.Pedro can neither collect damages from Valentina nor compel her to marry him
D.Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral

Select one:
A.Negligence
B.Delay
C.Contravention of the tenor of the obligation
D.Fraud
E.Mistake
Which of the following is void?

Select one:
A.Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
B.Obligation with resolutory condition wherein the fulfillment of the condition depend uponthe sole
will of the debtor
C.Obligation with resolutory condition wherein the fulfillment of the condition depend upon the will
of the creditor.
D.Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike damages
arising from negligence especially if there is contributory negligence.
Select one:
A.Statement I is true but statement II is false
C.Statement I is false but statement II is true

Select one:
A.Obligation to deliver indeterminate thing
B.Negative personal obligation
C.Positive personal obligation
D.Obligation to deliver determinate thing
Select one:
A.P30,000
B.P40,000
C.P80,000
D.P70,000
Select one:
A.Real right
B.Jus utendi
C.Jus ad rem
D.Jus in re
Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
A.Statement I is false but statement II is tru
C.Both statements are true
D.Statement I is true but statement II is false
Select one:
A.Obligation ex quasi delicto
B.Obligation ex contractu
C.Obligation ex delicto
D.Obligation ex lege
Jeac has one year contract as movie actress with Paramount Picture. One morning, Kin his close friend
induce her to terminate his contract with Paramount picture and to enter a new contract with
Dimension Picture so that she can get her commission. Jeac sign a contract with Paramount picture
A.Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
B.Paramount picture can sue Kin for inducing Jeac to violate his contract
C.Paramount has no remedy against Kin and Dimension because they are not party to a contract
D.Paramount cannot sue Kin because she is not party to a contract
and B?
A.Correct answer not given

B.Yes, because the essential elements are all present, namely: consent, object and consideration
C.No, because the house and lot being an immovable to perfect the contract it must be in a public
document
D.No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
A.It is not B but S or T who can file the action for annulment
B.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
C.The contract is valid since it is very clear that S did not apply the intimidation
D.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
Orencia is the owner of a car which was sold by Say without authorization in favor of Billy. The contract
between Say and Billy in so far as Orencia is concerned is:
A.Valid
B.Rescissible
C.Voidable
D.Unenforceable
E.Void

C.First statement is false; second statement is true
Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership
A.No. 1 is true; No. 2 is false

B.No. 1 is false; No. 2 is true
C.Both are true
D.Both are false
X owes M P100,000.00 and he is also indebted to MNO Company in the amount of P400,000.00. M is the
managing partner of MNO Company and X’s obligations are already due and demandable. X paid to M
the amount of P90,000.00 and M issued a receipt applying the payment to his personal credit. What
shall be the right of the partnership against M in this case?
A.Demand 80% or P72,000.00 out of the payment made by X

B.Demand the full amount paid by X
C.None because M credited the payment to his personal credit
D.Demand 50% or P45,000.000 out of the payment made by X
A.P40,000
B.P70,000
C.P30,000
D.P80,000
Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership.
Statement 2. All capacitated persons can enter into a contract of universal parnership.
A.No. 1 is false; No. 2 is true

B.No. 1 is true; No. 2 is false
C.Both are false
D.Both are true
A.The usual exaggeration in trade if the other party had an opportunity to know the facts
B.Both b and c
C.An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
D.Failure to disclose facts when there is no duty to reveal them
E.A misrepresentation made in good faith.
A. Dante can rescind the contract because the object is indeterminate

B. Carlo can compel Dante to deliver 100 cavans of rice plus damages
C. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from
Dante plus damages
D. Carlo has no remedy under the law

Ms. Maputi agreed to live with Mr. Hukluban as the wife of the latter without the benefit of marriage in
exchange for the monthly support of thirty thousand (P30,000.00) that Mr. Hukluban would give to Ms.
Maputi. Both Mr. Hukluban and Ms. Maputi are single, of legal age, and there is no legal impediment for
them to get married. Their parents have no objections to the two getting married. Based on the
foregoing information, which of the following statements is true?
A. Mr. Hukluban may legally demand that Ms. Maputi live with him as his wife
B. The agreement between Mr. Hukluban and Ms. Maputi is void for being contrary to morals
C. Ms. Maputi may legally demand that Mr. Hukluban give her the monthly support of P20,000
that he had promised
D. The agreement between Mr. Hukluban and Ms. Maputi is valid because they can legally get
married if they want to
It is that which binds or connects the parties to the obligation:
A. Vinculum
B. Secundum
C. Prestation
D. Passive subject
A. Statement I is true but statement II is false

B. Statement I is false but statement II is true
A. Obligation ex contractu
B. Obligation ex quasi delicto
D. Obligation ex delicto
A. When a person is appointed by a court to take the property or business of another

B. When something is received and there is no right to demand it and it was delivered through
mistake
D. When a person voluntarily takes charge of another’s abandoned business or property without
the owner’s consent
A. Unenforceable
B. Void
C. Rescissible
D. Valid
E. Voidable
A. Mistake
B. Fraud
C. Contravention of the tenor of the obligation
D. Negligence
A. "I promise to give you P100,000 if I go to Sariaya, Quezon this weekend"

B. "I promise to give you P100,000 if you pass the May 2016 CPA Board Examination.
C. "I Promise to give you P100,000 if your patient dies"
D. "I promise to give you P100,000 on December 25, 2016"
Statement 1: Payment shall be made to the person in whose favor the obligation has been constituted,
or his successor in interest, or any person authorized to receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to
retain the debt shall not be valid


A. P30,000
B. P70,000
C. P40,000
D. P80,000
A. Maila's obligation is extinguished by compensation

B. Maila's obligation is not extinguished because the note is not negotiable
C. Maila's obligation is extinguished by confusion
D. Maila's obligation is extinguished by condonation
A. C is not entitled to claim compensation

B. D may oppose the compensation being claimed by C
C. C is entitled to claim compensation
D. Only D may claim the compensation should C demand the delivery of a ring from him (D)
Which is not considered as quasi contract?
A. Negotiorum gestio
B. Solutio indebiti
C. Reimbursement due the person who saved property during fire or typhoon without the
knowledge of the owner
D. When the third person with the knowledge of the debtor, pays the debt

B. D is not liable to C because the obligation is void there being no date of payment
C. C cannot require D to pay because there is no date for payment
D. D is not required to pay unless C goes to court and asks the court to fix a period for the payment


Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
A. Divisible and indivisible obligations
B. Obligation with a period
C. Joint and Solidary obligations
D. Pure obligation
O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC are
A. Real in the part of O but personal in the part of SC

B. Both personal
C. Real on the part of S.C. but personal in the part of O
D. Both real
In a written contract of sale between S and B the true intention of the parties was not incorporated due
to the mistake of S but where B is innocent. Assume that there was a meeting of the minds between S
and B. Who can bring the action for reformation?
A. Neither B nor S
B. Both B and S
C. B only
D. S only
A. Remission
B. Dation en pago
C. Novation
D. Abandonment
X owes M P100,000.00 and he is also indebted to MNO Company in the amount of P400,000.00. M is the
managing partner of MNO Company and X’s obligations are already due and demandable. X paid to M
the amount of P90,000.00 and M issued a receipt applying the payment to his personal credit. What
shall be the right of the partnership against M in this case?
A. Demand 80% or P72,000.00 out of the payment made by X

B. Demand 50% or P45,000.000 out of the payment made by X
C. Demand the full amount paid by X
D. None because M credited the payment to his personal credit
A. Paramount cannot sue Kin because she is not party to a contract

B. Paramount picture can sue Kin for inducing Jeac to violate his contract
C. Paramount has no remedy against Kin and Dimension because they are not party to a contract
D. Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
A. A misrepresentation made in good faith.

B. Both b and c
C. The usual exaggeration in trade if the other party had an opportunity to know the facts
D. An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
A. Only D may claim the compensation should C demand the delivery of a ring from him (D)
B. C is not entitled to claim compensation
C. C is entitled to claim compensation
D. D may oppose the compensation being claimed by C
1st Statement: In a universal partnership where its nature is not specified, the presumption is that a
universal partnership of all profits only is formed.
2nd statement: When the contribution to the partnership consists of personal property amounting to
P1,000,000 and real property amounting to P20,000 and the contract is entered verbally, the
partnership contract is void.

B. 1 st statement is true and 2nd statement is false
C. 1 st statement is false and 2nd statement is true
When the debtor abandons or transfers all his properties to the creditors so that the creditors may sell
the properties and out of the net proceeds the creditors recover their claims this is called
A. Tender of payment and consignation

C. Remission
D. Dacion en pago
Statement 1: Payment shall be made to the person in whose favor the obligation has been constituted,
or his successor in interest, or any person authorized to receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been judicially ordered to
retain the debt shall not be valid

A. D is not required to pay unless C goes to court and asks the court to fix a period for the payment
B. C cannot require D to pay because there is no date for payment
C. D is not liable to C because the obligation is void there being no date of payment
D. C can require D to pay at anytime
Select one:
A. P80,000
B. P70,000
C. P30,000
D. P40,000
It is that which binds or connects the parties to the obligation:
Select one:
A. Vinculum
B. Passive subject
C. Prestation
D. Secundum
The guardian of an insane person sells a house and lot belonging to the latter
valued at P100,000 to B, buyer for P74,000 with the approval of the court. The
contract is
Select one:
A. Voidable
B. Rescissible
C. Void
D. Unenforceable
E. Valid
Statement 1: Payment made by the debtor to 3rd person or wrong party are

presumed for the benefit of the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith
deprive the creditor of his right to demand payment.
Select one:
A.First statement is false; second statement is true
Valentina orally promised to many Pedro as consequence of which the latter

contracted the Manila Cathedral as the venue of the marriage, the whole of the
Fiesta Pavilion of the Manila Hotel the bridal gown to be made by Pitoy Moreno,
spending all in all about P1,000,000. On the date of the marriage, Valentina did not
appear
Select one:
A. Pedro can legally compel Valentina to marry him
C. Pedro cannot compel Valentina to pay damages because the mutual promise to
marry was oral
D. While Pedro cannot compel Valentina to marry him, he can collect from Valentina
damages
Statement 1: As a rule, the creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises.
Statement 2: The creditor acquires real rights over the thing from the moment the
thing is delivered and not from the time the obligation to deliver it arises
Select one:
It is the right of the active subject to demand performance to a definite passive

subject?
Select one:
A. Jus utendi
B. Jus in re
C. Real right
D. Jus ad rem
Select one:
A. Novation
B. Abandonement
C. Remission
D. Dation en pago
Statement 1: Responsibility arising from negligence or culpa in the performance

of an obligation is demandable. Culpa aquiliana is that fault or negligence which
results from breach of contract.
Statement 2: Negligence signifies the idea of delay in the fulfillment of an
obligation
Select one:
This are adjudicated in order that a right of the plaintiff, which has been violated
or invaded by the defendant, may be vindicated or recognized
Select one:
A. Nominal damages
B. Moral damages
C. Actual damages
D. Temperate damages
The following are the requisites of fortuitous event, except

Select one:
A. The 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. The debtor contributed to the aggravation of the injury to the creditor
Select one:
A. Negligence
B. Mistake
C. Fraud
D. Contravention of the tenor of the obligation
E. Delay
Select one:
A. Loss of specific things
B. Confusion
C. Quasi delict
D. Condonation

Select one:
A. Pure
B. None of the choices
C. With a period where the period is ex d
D. Conditional where the condition is suspensive
S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At
the same time, B offered to buy from S the same house and lot by way of
telegram for P10,000,000 also. B has received the offer of S and S has also
received the telegram of B. Is there a perfected contract of sale between S and B
Select one:
A. Yes, because the essential elements are all present, namely: consent, object and
consideration
B. No, because what occurred was not a concurrence of offer and acceptance but a
crisscrossing of offers
C. No, because the house and lot being an immovable to perfect the contract it must be
in a public document
Statement 1: Payment shall be made to the person in whose favor the obligation
has been constituted, or his successor in interest, or any person authorized to
receive it.
Statement 2: Payment made to the creditor by the debtor after the latter has been
judicially ordered to retain the debt shall not be valid
Select one:
Delay or default on the part of the obligor to give is known as
Select one:
A. compensation morae
B. mora solvendi ex persona
C.Mora solvendi
E. mora accipiendi

Select one:
A. Super negligence
B. Slight negligence
C. Grave negligence
D. Ordinary negligence
When the debtor abandons or transfers all his properties to the creditors so that
the creditors may sell the properties and out of the net proceeds the creditors
recover their claims this is called
Select one:
A. Dacion en pago
D. Remission

Select one:
A. Culpa contractual
B. Culpa aquiliana
C. Quasi delict
D. Delict
Maila made a non-negotiable promissory note with Pia as payee. Pia assigned the
note to Aiko, Aiko assigned the note to Bea; Bea assigned the note to Carmina,
Carmina assigned the note to Helen, and Helen assigned it back to Maila
A. Maila's obligation is extinguished by compensation
C. Maila's obligation is not extinguished because the note is not negotiable

A. Both b and c
B. An expression of opinion which did not turn out to be true if made by an expert and
the other party relied on it
C. The usual exaggeration in trade if the other party had an opportunity to know the
facts
D. Failure to disclose facts when there is no duty to reveal them
E. A misrepresentation made in good faith.
Statement I. There is stipulation pour autrui in case the stipulation states that one
of the parties to a contract is exempt from all previous claims and damages
sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may
even be inferred from the fact that the beneficiary has enjoyed the same for a
considerable period
A. Statement I is true but statement II is false
When the debtor abandons or transfers all his properties to the creditors so that
the creditors may sell the properties and out of the net proceeds the creditors
recover their claims this is called
A. Tender of payment and consignation
B. Dacion en pago
C. Payment of cession
D. Remission
Statement 1. A partner appointed as manager in the articles of partnership may

be removed with or without cause
Statement 2. A limited partner can contribute money or property to the common
fund
B. Both are true
D. Both are false
Jeac has one year contract as movie actress with Paramount Picture. One
morning, Kin his close friend induce her to terminate his contract with Paramount
picture and to enter a new contract with Dimension Picture so that she can get
her commission. Jeac sign a contract with Paramount picture
A. Paramount has no remedy against Kin and Dimension because they are not party to
a contract
B. Paramount picture can sue Kin for inducing Jeac to violate his contract
C. Paramount can sue Dimension picture for damages for allowing Jeac to enter a new
contract
D. Paramount cannot sue Kin because she is not party to a contract
Carlito sell his parcel of land to Marlon for P500,000. The parties execute a public
instrument to consummate the sale. After a week, Carlito learned that the land he
sold is really worth P750,000. The contract is
A. Valid
B. Voidable
C. Unenforceable
D. Void
E. Rescissible
Valentina orally promised to many Pedro as consequence of which the latter

contracted the Manila Cathedral as the venue of the marriage, the whole of the
Fiesta Pavilion of the Manila Hotel the bridal gown to be made by Pitoy Moreno,
spending all in all about P1,000,000. On the date of the marriage, Valentina did not
appear
A. Pedro can legally compel Valentina to marry him
B. While Pedro cannot compel Valentina to marry him, he can collect from Valentina
damages
C. Pedro can neither collect damages from Valentina nor compel her to marry him
D. Pedro cannot compel Valentina to pay damages because the mutual promise to
marry was oral
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 following statements is
incorrect?
A. Only D may claim the compensation should C demand the delivery of a ring from him
(D)
B. C is not entitled to claim compensation
C. D may oppose the compensation being claimed by C
D. C is entitled to claim compensation
This is not always an essential element of a contract

A. Consideration
B. Consent
C. Form
D. Object
Select one:
A. Mistake
B. Contravention of the tenor of the obligation
C. Delay
D. Negligence
E. Fraud
Select one:
A. "I promise to give you P100,000 on December 25, 2016"
B. "I Promise to give you P100,000 if your patient dies"

C. "I promise to give you P100,000 if you pass the May 2016 CPA Board Examination.
D. "I promise to give you P100,000 if I go to Sariaya, Quezon this weekend"
Select one:
A. Remission
B. Novation
C. Dation en pago
D. Abandonement
Select one:
Select one:
A. Conditional where the condition is suspensive
B. Pure
D. With a period where the period is ex d

Select one:
A. mora solvendi ex re
B. mora solvendi ex persona
C. Mora solvendi
D. compensation morae
E. mora accipiendi
Select one:
A. Carlo can compel Dante to deliver 100 cavans of rice plus damages
B. Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages
C. Dante can rescind the contract because the object is indeterminate
D. Carlo has no remedy under the law
Select one:
A. Slight negligence
B. Grave negligence
C. Ordinary negligence
D. Super negligence
When the debtor abandons or transfers all his properties to the creditors so that the creditors may sell
the properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. Dacion en pago
B. Remission
D. Payment of cession
When the debtor binds himself when his means permit him to do so, the obligation is:
Select one:
A. With a period
B. Simple
C. Conditional
D. Pure
Select one:
A. Obligation ex delicto
B. Obligation ex quasi delicto
D. Obligation ex contractu
Select one:
A. P30,000
B. P40,000
C. P80,000
D. P70,000

Select one:

Select one:
A. Positive personal obligation
B. Obligation to deliver indeterminate thing
C. Negative personal obligation
D. Obligation to deliver determinate thing
Select one:
C. Maila's obligation is extinguished by compensation
Select one:

Select one:
A. There is judicial or extrajudicial demand by the creditor
B. Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
C. Failure of the debtor to comply with such demand
D. Obligation was performed on its maturity date
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:
Select one:
A. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation
B. 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
C. The thing to be delivered is generic
D. The debtor contributed to the loss
Select one:
A. Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral
C. Pedro can legally compel Valentina to marry him
D. While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
Select one:
A. Statement I is false but statement II is true
Which of the following contract is consensual
A. Mortgage
B. Deposit
C. Partnership
D. Commodatum
E. Mutuum
A. Paramount has no remedy against Kin and Dimension because they are not party to a contract
B. Paramount cannot sue Kin because she is not party to a contract
C. Paramount picture can sue Kin for inducing Jeac to violate his contract
D. Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
A. The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
B. 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
C. The contract is valid since it is very clear that S did not apply the intimidation
D. It is not B but S or T who can file the action for annulment
Kin, a minor enter into a contract with Melody, an insane in connection with the sale of Gameboy
Advance with accessories for P10,000. Melody’s guardian ratify the contract. The contract is:
A. Voidable
B. Valid
C. Unenforceable
D. Rescissible
E. Void
A. Failure to disclose facts when there is no duty to reveal them
B. The usual exaggeration in trade if the other party had an opportunity to know the facts
C. Both b and c
D. An expression of opinion which did not turn out to be true if made by an expert and the other party
relied on it
E. A misrepresentation made in good faith.
In a written contract of sale between S and B the true intention of the parties was not incorporated due
to the mistake of S but where B is innocent. Assume that there was a meeting of the minds between S
and B. Who can bring the action for reformation?
A. S only
B. Both B and S
C. Neither B nor S
D. B only
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales
Allan, Borneo, Carlito and Dadu are partners where Allan, Borneo, and Carlito contributed P1,000,000
each and Dadu his services. The partnership is engaged in the manufacture and export of garments. Due
to a very strong typhoon, the entire roofing of the factory was blown by the strong winds and if not
repaired immediately would aggravate the damage. Allan, Borneo, Carlito and Dadu agreed on an
additional contribution of P200,000 each in order to save the business from imminent loss. Which of
these is the correct statement?
A. Dadu is duty bound to contribute 20% more of his time to the business of the partnership
B. If Carlito still has money, but refuses to make the contribution, he can be compelled to sell his interest
in the partnership to the other partners
C. Borneo can question the decision because he did not vote for the additional contribution
D. If Allan no longer has money, he can be complied to sell his interest in the partnership to the other
partners
B. D is not required to pay unless C goes to court and asks the court to fix a period for the payment
C. C cannot require D to pay because there is no date for payment
D. D is not liable to C because the obligation is void there being no date of payment

RFBT Q 1 2

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RFBT Q 1 2

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Culpa levis under the Roman Law means

Which of the following is void?

A. Both statements are false

B. Both statements are true

C. First statement is false; second statement is true

D. First statement is true; second statement is false

Statement 2: Natural obligation gives a right of action to compel their performance.

A. Both statements are false

B. First statement is true; second statement is false

C. First statement is false; second statement is true

A. Correct answer not given

A. First statement is false; second statement is true

B. Both statements are true

C. Both statements are false

D. First statement is true; second statement is false

A. Both statements are false

B. First statement is true; second statement is false

C. First statement is false; second statement is true

D. Both statements are true

A. Real on the part of S.C. but personal in the part of O

B. Real in the part of O but personal in the part of SC

Which of these obligation is demandable at once

B. With a period where the period is ex d

C. None of the choices

D. Conditional where the condition is suspensive

A. Both statements are false

B. Both statements are true

C. First statement is true; second statement is false

D. First statement is false; second statement is true

The remedy of specific performance is available to the following:

I. Obligation to give a determinate thing

II. Obligation to give an indeterminate thing

B. I, II, III and IV

A. "I promise to give you P100,000 if I go to Sariaya, Quezon this weekend"

B. "I promise to give you P100,000 on December 25, 2016"

C. "I Promise to give you P100,000 if your patient dies"

Which of the following is not is not a mode of extinguishing an obligation?

C. Loss of specific things

B.The thing to be delivered is generic

D.The debtor contributed to the loss

A. C is entitled to claim compensation

B. D may oppose the compensation being claimed by C

C. C is not entitled to claim compensation

A. Both are false

B. No. 1 is true; No. 2 is false

C. No. 1 is false; No. 2 is true

D. Both are true

C. Tender of payment and consignation

A, B and C formed a partnership with the following as their contributions: A – P500,000.00, B –

D. Correct answer not given

A. Both are true

B. No. 1 is false; No. 2 is true

C. No. 1 is true; No. 2 is false

D. Both are false

A. Both statements are false

B. Both statements are true

C. First statement is true; second statement is false

D. First statement is false; second statement is true

A. Both statements are true

B. Both statements are false

C. First statement is false; second statement is true

D. First statement is true; second statement is false