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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 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

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

A. Both statements are true


B. First statement is false; second statement is true
C. First statement is true; second statement is false
D. Both statements are 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?

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
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


B. Statement I is false but statement II is true
C. Both statements are false
D. Both statements are true

This is never presumed. To exist it must be provided for in the Civil Code or in some special law

A. Obligation ex contractu
B. Obligation ex quasi delicto
C. Obligation ex lege
D. Obligation ex delicto

A judicial relation known as Negotiorum Gestio takes place

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
C. None of the choices
D. When a person voluntarily takes charge of another’s abandoned business or property without
the owner’s consent

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. Unenforceable
B. Void
C. Rescissible
D. Valid
E. Voidable

The following are all sources of contractual liability, except:

A. Mistake
B. Fraud
C. Contravention of the tenor of the obligation
D. Negligence

Which obligation is not valid?

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. 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

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

A. First statement is false; second statement is true


B. First statement is true; second statement is false
C. Both statements are false
D. Both statements are true

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. P30,000
B. P70,000
C. P40,000
D. P80,000

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


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

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 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

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. 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

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

A. First statement is true; second statement is false


B. Both statements are false
C. First statement is false; second statement is true
D. Both statements are true

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

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