None of the choices The following are impossible things except:

____________________________ is the determination of the

Interpretation of contracts meaning of the terms or words used by the parties in their written
contract.
contrary to traditions The following must not be stipulated in the contract, except:
___________________________contracts as by its nature of the
Void defect, when cause, object or purpose of contract are contrary to
law, good customs, morals, public order or public policy.
The following are the third persons or interested parties who can pay
Debtor
to extinguish obligation except:
words ought to be subservient to
verba intentione non e contradebent inservare means
the intent, not the intent to the
_______________________________.
word.
None of the choices The following are kinds of Negligence except;
___________________ tends only to assure and pave the way for
Perfected promise the celebration of a contract is actually made, the rights and
obligations are not yet determined.
The statement of a false cause in contracts shall render them
void
___________.
When the obligation consist in the delivery of an intermediate or
generic thing, whose quality or circumstance have not been stated,
TRUE the creditor cannot demand a thing of superior quality, Neither can
the debtor deliver a thing of inferior quality. The purpose of the
obligation and other circumstances shall be taken into consideration.
___________________________contracts which are binding until
Voidable
they are annulled by a competent court.
A contract which is the direct result of a previous illegal contract is
TRUE
also void and inexistent.
In onerous transfer, if there is good faith, the contract may be
FALSE
rescinded.
Contracts are perfected by mere consent, and from that moment,
FALSE the parties are bound not only to fulfillment of what has been
expressly stipulated but not to consequences
Must be conditional The following are requisites of a valid tender of payment except:
Sheila bought a refrigerator from May but Sheila did not pay the
refrigerator. If after demand, Shiela still did not pay, May can sue
TRUE
Shiela in Court either to demand payment or for recovery of the
refrigerator.
____________________ means man's innate sense or notion of
Contrary to morals
what is right and wrong is more or less universal.
Under Quasi contract, consider a pizza that is delivered to the wrong
address. The pizza has already been paid for. If the individual does
not correct the delivery man and instead keeps the pizza, the court
system could issue a quasi contract that would require the Individual
Fair
to pay back the amount of the pizza to the party that paid for the
pizza. The contract is used to prevent any party from benefiting from
the situation at the other party's expense; the restitution required
under the contract is to make the situation____________.
All of the choices Architect Velasco designed and supervised the house construction
of Mrs Reyes. The parties failed to agree beforehand the
 professional the professional fee of Architect Velasco. How much is
Mrs Reyes bound to pay Architect Velasco?
___________________________contracts as by its nature of the
Voidable defect, consent is vitiated by mistake or error, violence and
intimidation, undue influence, fraud or misrepresentation.
An obligation having been annulled, the contracting parties shall
restore to each other the things which have been the subject matter
TRUE
of the contract, with their fruits, and the price with its interest, except
in cases provided by law.
In any manner upholding with The following are cases when you have the right to damages
tenor of obligation except:
____________________________ is the remedy allowed by law by
means of which a written instrument is amended or rectified so as to
Reformation express or confirm the real agreement or intention when by reason
of mistake, fraud, inequitable conduct or accident, the intention fails
to express such in agreement or intention.
Those contracts which are absolutely simulated or fictitious are
TRUE
inexistent or void from the beginning.
____________________ are descriptive of statutes which requires
Statute of Frauds certain classes of contracts to be in writing. Merely regulates the
formalities of the contract necessary to render it enforceable.
Concept of ________________________ is the meeting in one
Merger person of the qualities of the creditor and the debtor with respect to
the same obligation
When only one prestation is agreed upon, but the obligor may
Facultative render another substitution, the obligation is
________________________.
If the terms of a contract are clear and leave no doubt upon the
literal intention of the contracting parties, the_________________
meaning of its stipulations shall control.
The duty to return a stolen carabao is an example of obligations
Acts or omissions punished by law
arising from ____________________.
A ______________________ is a meeting of minds between two
Contract persons whereby one binds himself with respect to the other, to give
something or to render service.
An offer becomes ineffective upon the death, civil interdiction,
FALSE
insanity, or insolvency of either party after acceptance is conveyed.
____________________is a characteristic of a contract which is
Relativity
binding only upon the parties and their successors.
___________________________contracts as by its nature of the
Void defect, one of the essential requisites of a contract is lacking in fact
or in law.
Prescription of action for annulment-after prescription, contract
can no longer be set aside
____________________.
________________________ where it restore to each other things
Effects of Annulment which have been the subject matter of the contract including its fruits
and the price with interest.
Reparatory Under kinds of Penal clause as to purpose,
_______________________ substitutes the damages suffered by
the creditor; the matter of damages is generally resolved, and it
 represents the estimate of the damages that a party might suffer
from non performance of the obligation, thereby avoiding the
difficulties of proving such damages.
When a mutual mistake of the parties causes the failure of the
reformed instrument to disclose their real agreement, said instrument may
be______________________.
A simple mistake of account shall give rise to its
correction
_________________________.
Under Action for damages, recoverable for damages include any
FALSE and all damages that a human being may suffer. Responsibility for
damages may be divisible.
Yes, if Sonny does not pay , he
Sonny borrowed P1,000,000 from Joy and agreed that in case of
should sell the house and lot for
non-payment on the date stipulated, Sonny's house and lot would be
P1,000,000 to Joy. The
sold to Joy for the amount of P1,000,000. Is the stipulation valid?
agreement is not contrary to law.
___________________ is a kind of indivisible obligation even the
Legal object or service may be divisible, an obligation is indivisible if so
provided by law or intended by parties.
Those contracts that are expressly prohibited or declared void by
FALSE
law are unenforceable.
These contracts under voidable are binding, unless they are
TRUE annulled by a proper action in court. They are susceptible of
ratification.
Civil action for recovery of civil liability arising from the offense is
All of the choices
impliedly instituted with the criminal action except;
If mistake, fraud, inequitable conduct, or accident has prevented a
annulment of contract meeting of the minds of the parties, the proper remedy is
____________________________.
Pre contractual obligation Damages can be recovered if when contract is not perfected.
The following are ways to extinguish or annulment of a current offer,
Offeror makes a new offer
except:
Tony enters into a contract of sale with Sharon who paid the
purchase of a motorcycle unit. Tony did not deliver the motorcycle
Motorcycle unit
unit. Identify the object/prestation in the statement as an essential
requisite of an obligation.
If the law requires a document or other special form, as in the acts
and contracts enumerated in the contracts must appear in public
Compel document, the contracting parties may
_____________________each other to observe that form, once the
contract has been perfected.
An offer made through an agent is accepted from the time
TRUE
acceptance is communicated to him.
Under obligation to give, when a minor 18-21 entered into a contract
without parental consent , voluntarily pays the sum of money and
TRUE delivers a fungible thing in fulfillment of an obligation, there shall be
no right to recover the same from the oblige who has spent or
consumed it in good faith.
_________________________ property is alienated to the creditor
Dation in payment
in satisfaction of a debt in money shall be governed by laws of sales.
Obligation General Rule: Nullity of penal clause does not nullify affect the
 principal ______________________.
Under rescissible contracts, whoever acquires in bad faith the things
alienated in fraud of creditors, shall indemnify the latter for damages
TRUE
suffered by them on account of the alienation, whenever, due to any
cause, it should be impossible for him to return them.
Even though the object or service may be physically divisible but the
All of the choices
obligation is indivisible if
When bilateral contracts are vitiated with vices of consent, they are
voidable.
rendered
Ratification does not require the conformity of the contracting party
TRUE
who has no right to bring the action for annulment of contracts
The receipt of the principal by the creditor, without reservation with
FALSE respect to interest, shall give rise to the presumption that the interest
has not been paid.
Impaired The following are the requisites of consent, except:
General rule: Nullity of principal obligation, also nullify
Penal clause
____________________.
___________________________is an injury suffered by one of the
Lesion
parties by virtue of contract that is disadvantageous to him.
The following are the duties of obligor under Obligation to Give,
None of the choices
except:
___________________________is a fear occasioned by the threat
Reasonable fear
must be reasonable and well grounded.
_________________________ are interests on obligation which
Compensatory
have an extra contractual or delictual origin.
Payments made in a state of insolvency for obligations to whose
Rescissible fulfillment the debtor could not be compelled at the time they were
effected, are also __________________________.
Under Estoppel, when the obligee accepts the performance,
knowing its incompleteness or irregularity and without expressing
All of the choices
any protest or objection, the obligation is deemed
_______________________.
absolute or relative Simulation of a contract may be ________________________.
An obligation is a legal duty, however created, the violation of which
TRUE
may become the basis of an action of law.
Insane during lucid interval The following cannot give consent to a contract except:
Disagreement The following are characteristics of a contract, except:
_______________________ extinguishes the action to annul a
Ratification
voidable contract
Payment or Performance The most natural way to extinguish obligation.
___________________ is where courts must find that the contract
Contrary to public policy
contravenes some established interest in the society
Under Void contracts, when the act is unlawful and constitutes a
criminal offense and when only one is guilty, the
innocent party
__________________ may demand of what he has given without
obligation to comply with his promise.
No, after more than 6 years, the X bought a land from Y, paying him cash. Since they were friends,
action to enforce the verbal they did not execute any document of sale. After 7 years, the heirs
 of X asked Y to execute a deed of absolute sale to formalize the
agreement has already elapsed. verbal sale to their father. Unwilling to do so, X's heirs filed an action
for specific performance against Y. Will their action prosper?
Under kinds of period or term as to source, Article 1197 Par 3, in
every case, the court shall determine such period as may under
TRUE
circumstances have been contemplated by both parties. Once fixed
by the courts, the period cannot be changed by them.
___________________________contracts as by its effect is valid
Voidable
until annulled by a competent court.
Period is not the controlling motive The following are exceptions of demand except:
Tony enters into a contract of sale with Sharon who paid the
purchase of a motorcycle unit. Tony did not deliver the motorcycle
Tony
unit. Identify the passive subject in the statement as an essential
requisite of an obligation.
The interpretation of obscure words or stipulations in a contract shall
FALSE
favor the party who caused the obscurity.
Under Void contracts, when the act is unlawful and constitutes a
both parties will be prosecuted. criminal offense and both parties are
guilty,_________________________.
Rescissible _________________ contracts are in between void and valid.
If the thing is lost through the fault of the debtor, he shall be obliged
All of the choices to pay damages; It is understood that the thing is lost when it
__________________________.
Facts: The Dela Cruz sisters were the aunts of Dolores Rongavilla.
They borrowed P2,000 from the Rongavillas to have their rooftop
repaired. Later, petitioners went back to their aunts to have them
sign a contract. Taking advantage of their lack of education, the
sisters were made to believe that such document, typewritten in
English, was just for the acknowledgment of their debt. After four
Yes, because there is fraud and
years, petitioners asked their aunts to vacate the land subject to
absence of consent
litigation claiming that she and her husband were the new owners.
After verifying with the Registry of Deeds, the aunts were surprised
that what they have signed was actually a deed of sale. Their land
title was cancelled and the ownership was transferred to their
nephews. The land was mortgaged with the Cavite Development
Bank.
___________________________contracts as by its effect does not
Void
create rights and cannot impose obligation.
If the doubts are cast upon the principal object of the contract in
TRUE such a way that it cannot be known what may have been the
intention or will of the parties, the contract shall be null and void.
When there is meeting of minds but the true intention is not
TRUE expressed, a relief of reformation of the instrument may be sought
by one of the parties.
When mutual mistake of the parties causes the failure of the
FALSE instrument to disclose their real agreement, said instrument may be
annulled.
Jean sold her condominium unit to Jane 'including all its contents'. In
All of the choices the unit there is an antique chair belonging to Susan which Susan
agreed to sell to Jean. Will the chair be sold along with the unit?
TRUE No contract may be entered into upon future inheritance except in
 cases expressly authorized by law.
Under form of contracts, when the law requires that a contract be in
some form in order that it may be valid and enforceable or that a
Absolute
contract be proved in a certain way, that requirement is
________________and indispensable.
intentions of the parties In interpretation of contracts, what must prevail?
In order to judge the intention of the contracting parties, their
subsequent contemporaneous and _____________________________acts
shall be principally considered.
___________________________contracts as by its nature of the
Rescissible defect entered by a debtor who is in a state of insolvency like
contracts entered in fraud of creditors
___________________________is a wrong or false notion about
Mistake such matter, a belief in the existence of some circumstance, a fact
or event which in reality does not exist
___________________________is an injury suffered by one of the
Lesion
parties by virtue of contract that is advantageous to him.
Tony enters into a contract of sale with Sharon who paid the
purchase of a motorcycle unit. Tony did not deliver the motorcycle
Obligation to deliver
unit. Identify the juridical tie in the statement as an essential
requisite of an obligation.
There is _________________ when through insidious words or
machinations of one of the contracting parties, the other is induced
Fraud
to enter into a contract which, without them, he would not have
agreed to.
What action may be taken when the true intentions of the parties are
Reformation
not expressed in the instrument?
Prestation In general, what is to be paid to extinguish obligation?
No, Reformation will be the
remedy because there is meeting
If Eden sold to Yvonne a parcel of land but the land already has a
of minds by both parties however
residential building which is not mentioned in the agreement, will
by mistake the parties true
annulment be the remedy for this?
intention was not reflected in the
agreement.
None of the choices The following are causes of reformation of instrument except:
_______________________contract shall be resolved against the
Adhesion party who prepared the contract and in favor of the one who merely
adhered to it.
There are pre-existing contractual
The following are the requisites of Quasi Delict except:
relations between the parties.
Words which may have different significations shall be understood in
TRUE that which is most in keeping with the nature and object of the
contract.
Alternative Agoncillo vs. Javier. Facts: Three debtors got a loan from Marino
and bound themselves to pay P2,7000.00. The loan was secured by
a mortgage of a house and lot. It was agreed that if upon the
maturity of the debt, the debtors are insolvent, they would cede the
house and the lot to Marino. If the house and lot would not be
sufficient to cover the debt, the balance would be secured by the
mortgage of 4 parcels of land belonging to one of the debtors. The
 titles were delivered to Marino. As the debt was not paid, Marino
sued the debtors. Issue: Whether or not the stipulation of the parties
is valid? Held: This stipulation is valid. It is simply a/an
________________ obligation, which is expressly allowed by the
law. The agreement to convey the house and lot at an appraised
valuation in the event of failure to pay the debt in money at its
maturity is, however, in our opinion perfectly valid. It is simply an
undertaking that if the debt is not paid in money, it will be paid in
another way.
The duty to pay a loan by virtue based on an agreement is an
Quasi contracts
example of obligations arising from ____________________.
Void ___________________________contracts cannot be cured.
__________________________ is a juridical necessity to give, to
Obligation
do or not to do.
All other contracts where the amount does not exceed five hundred
FALSE
pesos must appear in writing.
None of the choices The following are requisites of a valid payment except:
A contract where consent is given through mistake, violence,
voidable
intimidation, undue influence, or fraud is voidable.
The usage or custom of the place shall be disregarded in the
FALSE interpretation of the ambiguities of a contract, and shall fill the
omission of stipulations which are ordinarily established.
_________________________is the result of injury (loss, hurt,
Damage
harm)
X and Y, both Filipinos, were married and resided in Spain although
Philippine law since they are both they intend to return to the Philippines at some future time. They
Filipinos. have not executed any marriage settlements. What law governs
their property relations?
Under defective causes, lesion or inadequacy of cause is valid
TRUE
unless fraud or undue influence is valid.
motive The following are essential requisites of a contract, except:
No one may contract in the name of another without being
TRUE authorized by the latter, or unless he has by law a right to represent
him.
As a general rule, contracts shall be ___________________ in
Obligatory whatever form they have entered into, provided all essential
requisites for their validity are present.
Introduction The following are stages of a contract, except:
____________________, which is an object or undertaking to give,
Prestation
to do or not to do
One of the requisites of prestation is that it must be possible, if not
Void
then the obligation is ___________________.
TRUE Every person criminally liable is also civilly liable.
A contract where consent is given through mistake, violence,
TRUE
intimidation, undue influence is voidable.
Test of fraud Under rescissible contracts, does it prejudice the creditors?
TRUE A contract entered into in the name of another by one who has no
authority or legal representation, or who has acted beyond his
powers, shall be unenforceable, unless it is ratified, expressly or
 impliedly, by the person on whose behalf it has been executed,
before it is revoked by the other contracting party.
If the debtor knew the impossibility of things and services, he will be
TRUE
liable for damages.
The various stipulations of a contract shall be interpreted
together ________________, attributing to the doubtful ones that sense
which may result from all of them taken jointly.
____________________is a characteristic of a contract wherein
Mutuality
validity and performance cannot be left at the will of one of them.
An exception in the form of contracts is when the law requires that a
TRUE
contract be in order it may be valid or enforceable.
The usage or custom of the place shall be borne in mind in the
TRUE interpretation of the ambiguities of a contract, and shall fill the
omission of stipulations which are ordinarily established.
When there is mutual mistake, either party or the successor in
TRUE
interest may ask for reformation.
Misrepresentation made in good faith is not fraudulent but may
error
constitute ________________.
In case of a divisible contract, if the illegal terms can be separated
TRUE
from the legal ones, the latter may be enforced.
If two parties agree upon the mortgage or pledge of real or personal
property, but the instrument states that the property is sold
TRUE
absolutely or with a right of repurchase, reformation of the
instrument is proper.
Contracts shall be obligatory, in whatever form they may have been
TRUE entered into, provided all essential requisites for their validity are
present.
_________________________ obligation is based on equity and
Natural
natural justice.
Under payment/performance, the delivery of promissory notes
payable to order or bills or exchange or other mercantile documents
Cashed shall produce effect of payment only when they are
___________________, or when through the fault of the creditor
they have been impaired.
Those contracts entered into in the name of another person by one
FALSE who has been given no authority or legal representation, or who has
acted beyond his powers are inexistent or void from the beginning.
In a contract where both parties are incapable of giving consent,
express or implied ratification by the parent, or guardian, as the case
TRUE
may be, of one of the contracting parties shall give the contract the
same effect as if only one of them were incapacitated.
Motive The following are essential elements of a contract, except:
In acceptance of offer with a period, acceptance beyond the time
FALSE
fixed is not legally an acceptance but an old offer.
_______________________ are contracts resolved against the
Adhesion contracts party who prepared it and in favor of the one who merely adhered to
it.
Contracts that are ratified, where both parties are incapable of giving
FALSE
consent to a contract are unenforceable.
 ___________________________contracts whose objects are
Void
outside the commerce of man.
The parties are free to determine the content of the contract insofar
TRUE as it does not contravene the mandatory provisions of both the law
and good morals.
If the terms of a contract are clear and leave no doubt upon the
TRUE intention of the contracting parties, the literal meaning of its
stipulations shall control.
Consent is manifested by the meeting of the offer and the
acceptance upon the thing and the cause which are to constitute the
counter offer
contract. The offer must be certain and the acceptance absolute. A
qualified acceptance constitutes a ____________________.
Failure to disclose facts, when there is a duty to reveal them, as
fraud when the parties are bound by confidential relations, constitutes
__________________________.
Contracts which are simulated or fictitious are
Inexistent
____________________.
___________________________contracts as by its nature of the
Rescissible defect is by representation if the absentees when the later suffers by
lesion of more than 25% of the value of the thing.
Absence of cause and unlawful cause produces no effect whatever.
TRUE The cause is unlawful is it is in contrary to law, morals, good
customs, public order and public policy.
An employer may be civilly liable for the quasi delict or crime of his
Diligence of Employers
employee.
When the law sets, or authorizes the setting of a minimum wage for
TRUE laborers, and a contract is agreed upon by which a laborer accepts a
lower wage, he shall be entitled to recover the deficiency.
Those contracts whose cause, object or purpose is contrary to law,
Inexistent
morals, good customs, public order, or public policy.
None of the choices There is no contract unless the following requisites concur , except:
Contracts which are entered into by guardians whenever the wards
whom they represent suffer lesion by more than one-fourth of the
FALSE
value of the things which are the object thereof may not be
rescinded.
Under reciprocal obligations, the injured party may choose between
fulfillment of obligation and the rescission of the obligation, with the
Impossible payment of damages in either case. He may also ask rescission
even after he has chosen fulfillment, if the latter should become
_______________________.
Mortgage, insurance and bonds are examples of natural elements of
FALSE
a contract.
___________________________contracts whose cause or object
Void
did not exist at the time of transaction.
In general rule, payment to a wrong third party is valid but obligation
FALSE
is not extinguished even if in good faith of the debtor.
Express ___________________________ is called when specifically stated.
All things which are not outside the commerce of men, including
TRUE
future things, may be the object of a contract.
Defects on their effects The following are characteristics of void contracts, except:
If mistake, fraud, inequitable conduct or accident has prevented to
FALSE have a meeting of the minds by both parties, the remedy is
reformation.
consent The following are elements of an obligation, except:
_____________________________is one that by universally
Illegal per se recognized standards is inherently or by its very nature bad or
improper, immoral or contrary to good conscience.
__________________________is a kind of Prestation which consist
of the delivery of a movable or immovable thing, in order to create a
To give
real right or for the use of the recipient or for its simple possession
or in order to return to its owner.
___________________________contracts as by its nature of the
Unenforceable defect, was entered in the name of another without authority or in
excess of authority.
Pactum commisorum ____________________means automatic foreclosure.
Manufacturers and processors of food stuffs, drinks, toilet articles
and similar goods shall be liable for death or injuries caused by any
TRUE
noxious or harmful substances used, although no contractual
relation exists between them and the consumers.
The contract is not valid because Facts: The municipal council of Cavite by Resolution No. 10, leased
the object or prestation is not to Rojas some 70 or 80 square meters of Plaza Soledad, on
within the commerce of man, so condition that she pay rent quarterly in advance according to the
the obligation of Rojas to restore schedule fixed in Ordinance No. 43, series of 1903 and that she
and deliver the possession of the obligate herself to vacate said land within 60 days subsequent to
land to the Municipality of Cavite, notification to that effect. Upon such notification, however, she
which in turn restore to her the refused to vacate the land, forcing the municipality to file a complaint
sums received from her as before the CFI to order her to vacate the land. After a hearing of the
payment of rentals. case, the CFI dismissed the complaint.
Expressly determined Law as a source of obligation requires
In reciprocal obligations, there can only be delay in negative
FALSE obligations (not to give or not to do) not in positive obligations (to
give or to do).
FALSE Obligations derived from law are presumed.
There is ____________________________when one of the
contracting parties is compelled by a reasonable and well-grounded
intimidation fear of an imminent and grave evil upon his person or property, or
upon the person or property of his spouse, descendants or
ascendants, to give his consent.
Those contracts where the consent is vitiated by mistake, violence,
Voidable
intimidation, undue influence or fraud.
Under Quasi-delict, Teachers or Heads of establishment of arts and
FALSE trades shall be liable for damages caused by their pupils or students
or apprentices, as long as they are not in their custody.
The following are reasons to annul a contract when it has prevented
Equitable conduct
the meeting of the minds of the parties, except:
When there is unilateral mistake, the uninjured party may ask for
FALSE
reformation.
When real agreement is valid. The following are cases where no reformation is allowed except:
made by an expert and the other A mere expression of an opinion does not signify fraud, unless:
party has relied on the former's
special knowledge.
_______________________prevent fraud and perjury in the
enforcement of obligations depending for their evidence upon the
Purpose of Statutes unassisted memory of witnesses by requiring certain enumerated
contracts and transactions to be evidenced by a writing signed by
the party to be charged.
Rescission shall be only to the extent necessary to cover the
TRUE
damages caused.
All other contracts where the amount exceeds five hundred pesos
Writing
must appear in _________________, even private one.
The contract of sale is valid,
Jeff sold to Philip his car worth 1M for only Php500,000. There is no
because they have both
question that the purchase price is grossly inadequate. Does Jeff
consented with the amount at the
have the right to have the sale annulled?
time they entered into a contract.
As a general rule, partial payment is not allowed, creditor cannot be
All of the choices compelled to receive partial prestations same way debtor cannot be
compelled to give partial payments except:
There must be mutuality between the parties in contracts based on
TRUE their essential equality, to which is repugnant to have one party
bound by the contract leaving the other free there from.
___________________________contracts as by its nature of the
Rescissible
defect, declared by law to be the subject of rescission.
Stipulations in favor of third persons may demand its fulfillment
FALSE
provided the acceptance is made after revocation.
__________________________is a kind of Prestation which consist
To do
of all kinds of work or services, whether mental or physical.
Joe and Jane were to marry in 3 months. Meantime, to express his
No, since the donation and its affection, Joe donated a house and lot to Jane, which Joe wrote in a
acceptance are not in a public letter to Jane. Jane wrote back, accepting the donation and took
instrument. possession of the property. Before the wedding, however, Jane
suddenly died of heart attack. Can Jane's heirs get the property?
The object of the obligation and object of the contract created
FALSE
thereby need not be identical.
Under obligations with Penal clause, the penalty may be enforced
demandable only when it is ______________________ in accordance with the
provision under Article 1226 par2.
Facts: Cabaliw was the second wife of Benigno. During their
marriage, they bought 2 parcels of land. They had a daughter
named Soledad. Benigno abandoned his wife Cabaliw, thus the
latter filed an action in court for support. The Court ordered Benigno
Yes, Soterro knew about the to pay her P75 a month.However, Benigno did not pay and instead
decision against Benigno, but sold their property to his son-in-law, Soterro. The transaction was
proceeded with the purchase. done without Cabaliw's consent. Prior to the sale, Soterro already
knew that there was a judgment rendered against his father-in-law
but proceeded to buy the property anyway. When Cabaliw found
out, she instituted an action along with her daughter to recover the
properties.
If the doubts are cast upon the principal object of the contract in
FALSE such a way that it cannot be known what may have been the
intention or will of the parties, the contract shall be valid.
 Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid
TRUE P2, 000.00. Mary has the obligation to return the P1,000.00 excess
because there was payment by mistake.
_________________contract that cannot be enforced unless ratified
Unenforceable
in the manner provided by law.
_____________________ is a unilateral proposition which one party
Offer
makes to the other for the celebration of the contract
Those contracts whose cause, object or purpose is contrary to law,
Inexistent morals, good customs, public order, or public policy are
_________________.
Period of prescription continues
with respect to the obligation or The following are effects of Legal Compensation except:
part extinguished.
Roy and Carlos both undertook a contract to deliver a boat docked
in Subic to Sam in Manila. Before they could deliver it, however, the
Joint since the conversion of their boat sank in a storm. The contract provides that fortuitous event
liability to one of indemnity for shall not exempt Roy and Carlos from their obligation. Owing to the
damages made it joint. loss of the motor boat, such obligation is deemed converted into one
of indemnity for damages. Is the liability of Roy and Carlos joint or
solidary?
___________________________contracts as by its nature of the
Void
defect, expressly prohibited by law.
Prestation due In general, what is to be paid in an obligation?
In general, the following can be made or authorized to receive
Third party, even in good faith
payment except:
___________________________is a kind of compensation as to
origin when decreed by court in a case where there is a
counterclaim like defendant is the creditor of the plaintiff for an
Judiciary
unliquidated amount, sets up his credit as a counterclaim against the
plaintiff and his credit is liquidated by judgment, thereby
compensating it with the credit of the plaintiff.
The procedure for the reformation of instrument shall be governed
Supreme Court by rules of court to be promulgated by the
_____________________________.
____________________is a characteristic of a contract which
Obligatory force
constitutes the law between parties.
In contracts creating real rights, third persons who come into
TRUE possession of the object of the contract are bound hereby, subject to
the provisions of the Mortgage Law and Land Registration Laws.
FALSE In general, creditor can refuse valid tender of payment.
A contract to be effective as Cessation must not appear in a public
FALSE
document.
Under voidable contracts, When the defect of the contract consists
in the incapacity of one of the parties, the incapacitated person is
restitution
not obliged to make any ___________________except insofar as
he has been benefited by the thing or price received by him.
___________________________contracts as by its effect is valid
Unenforceable
but cannot be enforced by a proper action in court.
Promise The following are essential elements of a contract except:
FALSE The particular motive of the parties entering into a contract are the
 same from the cause thereof.
That is, the happening of the event which constitutes the condition.
Condition subsequen or
In other words, the fulfillment of which will extinguish an obligation
Resolutory
(or right) already existing.
___________________________contracts as by its nature of the
Voidable
defect, want of capacity by age or insanity.
____________________is a characteristic of a contract wherein
entering into contract is guaranteed right by citizens. They are free
Freedom
to do so as long as it's not contrary to law, customs, public order and
policy.
They produce legal effects unless
The following are characteristics of unenforceable contracts, except:
set aside by a competent court.
_______________________cleanses the contract from all its
Ratification
defects from the moment it was constituted.
FALSE The action to claim rescission must be commenced within five years.
Commission of crimes causes not only moral evil but also material
TRUE
damage.
Suppose a stipulation or word written contract is susceptible of
The one which would be effectual. various interpretations. What interpretation or meaning should be
given to it?
none of the given choices The following may not be reformed, except:
The power to administer a property must appear in a public
TRUE
document
Knowing that the car had a hidden crack in the engine, X sold it to Y
Yes, since the defect was not
without informing the latter about it. In any event, the deed of sale
hidden; X knew of it but he acted
expressly stipulated that X was not liable for hidden defects. Does Y
in bad faith in not disclosing the
have the right to demand from X a reimbursement of what he spent
fact to Y.
to repair the engine plus damages?
It is considered loss of the thing due are through the following
None of the choices
reasons except:
Under Article 1206, when only one prestation has been agreed
FALSE upon, but the obligor may render another in substitution the
obligation is called alternative.
The following is a classification of a contract according to form
gratuitous
except:
Partial fulfillment The following are the requisites of rescission except:
____________________________ is conditional type of obligation
Suspensive where an obligation arises, but if the condition does not happen,
obligation does not come to existence.
Although the cause is not stated in the contract, it is not presumed to
FALSE
that it exists and illegal.
Substantial breach of contract is where part of obligation is
FALSE
performed and gives rise to liability for damages.
Upon the proposal of a third person, a new debtor substituted the
The original debtor is freed of
original debtor without the latter's consent. The creditor accepted the
liability since novation took place
substitution. Later, however, the new debtor became insolvent and
and this relieved himof his
defaulted in his obligation. What is the effect of the new debtor's
obligation.
default upon the original debtor?
Juridical necessity ______________________connotes that in case of non compliance
 of the obligation, there will be legal sanction.
Contracts undertaken in fraud of creditors when the latter cannot in
TRUE
any other manner collect the claims due them may be rescinded.
___________________________contracts as by its nature of the
Unenforceable
defect are covered by statute of frauds.
Ervin can ask for the reformation Ervin sold his Toyota Car to Janice under a written contract of sale.
of the contract due to the mutual What Janice thought Ervin was selling was his Hyundai Car. Can
mistake even though Janice Ervin ask for the reformation of the contract against the objection of
agreed to receive the Toyota Car. Janice who is agreeable for the sale of the Toyota Car?
Contracts take effect only between the parties or their assigns and
heirs, except where the rights and obligations arising from the
contract are not transmissible by their nature, by stipulation, or by
Relativity of contracts.
provision of law. In the latter case, the assigns or the heirs are not
bound by the contracts. This is known as the principle of
_________________________.
To demand reimbursement to Under kinds of prestation on obligation not to do, the following are
those who benefitted. the duties of the obligor except:
When fulfillment of obligation is no longer possible, rescission takes
TRUE
place.
To determine the degree of intimidation,
all of the choices
_________________________ of the person shall be borne in mind
TRUE Various stipulations of a contract shall be interpreted together.
Even in the absence of demand, debtor incurs delay if he
TRUE acknowledges his delay. Request for extension of time for payment
is not sufficient though, the acknowledgement must be express.
Delay Mora means _________________.
Mortgage, guaranty and bond are examples of
Accidental
_______________________ elements of a contract
The action for rescission is ______________________; it cannot be
subsidiary instituted except when the party suffering damage has no other legal
means to obtain reparation for the same.
Clint, a wealthy landowner suddenly left for abroad leaving his
livestock farm unattended. John, a neighbor of Clint managed the
farm thereby incurring expenses. When Clint returns, he has the
dura lex sed lex
obligation to reimburse John for the expenses incurred by him and
to pay him for his services. It is based on the principle
_______________________________________.
Retroactive The following are requisites of obligation with a period except:
pari delicto ___________________________means both are at fault.
The action for annulment of contracts shall not be extinguished
FALSE when the thing which is the object thereof is lost through the fraud or
fault of the person who has a right to institute the proceedings.
Words ought to be subservient to the intent, not the intent to the
TRUE
word.
When criminal action is instituted, the civil action for the recovery of
the civil liability arising from the offense charged shall deemed
The offended parties waives the instituted with the criminal action
civil action unless__________________________________, reserves the right
to institute it separately or institutes the civil action prior to the
criminal action.
 __________________ is an essential element of a contract which is
cause more on the proximate purpose that the contracting parties have in
view at the time of entering into a contract.
An absolutely simulated or fictitious contract is
void
_____________________.
Under Alternative Obligations, the following are the effects of loss or
impossibility of one or all prestations or when the debtor shall lose
None of the choices
the right of choice, when among the prestations whereby he is
alternatively bound only one is practicable except:
________________________ conditions as to possibility which are
Impossible those contrary to good customs or public policy and those prohibited
by law shall annul the obligation which depends on them.
Obligations arising from the contract have the force of law between
TRUE
contracting parties.
Not presumed Legal Subrogation is ___________________.
F has no right being a third person D sold E a parcel of land worth 1M. E failed to pay D. Has F has the
who does not concern any right to have the sale declared void by court on the ground of
fulfillment of the obligation. absence of cause for non payment of price?
When one of the parties brought in action to enforce the instrument,
TRUE
he cannot subsequently ask for its reformation.
Contracts without cause, or with unlawful cause, produce no effect
TRUE whatever. The cause is unlawful if it is contrary to law, morals, good
customs, public order or public policy.
Lino entered into a contract to sell with Ramon, undertaking to
convey to the latter one of the five lots he owned, without specifying
Void. which lot it was, for the price of P1 million. Later, the parties could
not agree which of five lots Lino owned to sell to Ramon. What is the
standing of the contract?
nobody can take the law into his Under Void contracts, action to declare nullity is necessary
own hands because______________________________.
All services which are not contrary to law, morals, good customs,
TRUE
public order or public policy may likewise be the object of a contract.
The following crimes are exempted from civil liability under acts
None of the choices
punishable by law except:
A car distributor placed an order for 20 luxury cars from a car maker
company provided that the latter deliver the goods within 12 months.
It was expressly agreed and stipulated in writing that full payment
depended on the prompt delivery of the goods. If the cars are
Yes as per conditional obligation. delivered within the agreed period, the car company acquires to right
to demand full payment for the purchase and its obligation to deliver
is extinguished. Conversely, if the cars are not delivered after the
expiration of the period, does the obligation to pay by the car
distributor's extinguished?
rebellion The following are examples of 'Acts of God' except;
_____________________________of the law excuses no one from
Ignorance
compliance therewith
Under Quasi contracts, when funeral expenses are borne by the
third person, without the knowledge of the relatives who are obliged
FALSE
to give support to the deceased, said relatives must reimburse to the
third person, even without claim was made by the third person.
 Real contracts, such as deposit, pledge and Commodatum, are not
TRUE
perfected until the delivery of the object of the obligation.
The contract with absolute nullity and produces no effect as if it had
TRUE
never been executed or entered into.
___________________ power belonging to a person over specific
Real Right thing, without a passive subject individually determined against
whom such rights may be personally exercised.
Those contracts where one of the parties is incapable of giving
Voidable
consent to a contract;
This happens when the creditor makes a demand and the obligor
mora solvendi
fails to deliver the thing.
A clothing company engaged a celebrity as its product ambassador
so long the latter does not endorse a particular rival business. If the
TRUE celebrity is caught promoting the products of that rival business, the
clothing company may terminate the contract as the resolutory
condition took effect.
Contract is perfect when the offeror or counter offeror learn about
TRUE
the acceptance.
________________________may be ordered at the instance of
either party or his successors in interest, if the mistake was mutual;
Reformation
otherwise, upon petition of the injured party, or his heirs and
assigns.
The intention of the parties
In interpretation of contracts, what should be followed? Its terms or
because their will has the force of
the intention of the parties? Why?
law between them.
Obligations arising from contracts have the force of law between
TRUE
contracting parties and should be complied with good faith.
Obligation arising from Law or 'Obligation ex lege' is imposed by law
TRUE itself and must be expressly or impliedly set forth and cannot be
presumed.
He can accept all 6,000 apples A buyer ordered 5,000 apples from the seller at P20 per apple. The
and pay the seller at P20 per seller delivered 6,000 apples. What are the rights and obligations of
apple. the buyer?
The following are the primary remedies of creditor in case of breach
Accion Subrogatoria
except:
The duty to refund an "over charge" of money because of solutio
indebiti (payment by mistake) or negtiorum gestio (management of
Law
another's property) is an example of obligations arising from
____________________.
Those contracts which contemplate an impossible service are
TRUE
inexistent or void from the beginning.
Time is the controlling motive Demand is not necessary to incur delay when:
___________________ pertains to certain percepts that cannot be
Contrary to good customs universally recognized as moral, sometimes they only apply to
certain communities or localities.
________________________ is no impediment to the reformation
Statute of Frauds
of an instrument.
_____________________________ is a kind of payment when a
Abnormal debtor is forced by means of judicial proceeding either to comply
with the prestation or pay indemnity.
 The cession, repudiation or renunciation of hereditary rights or of
FALSE those of the conjugal partnership of gains, may not appear in public
document.
Accion Pauliana The following are primary remedies in case of breach except:
___________________________contracts as by its nature of the
Unenforceable
defect, both parties are legally incapacitated to act.
A contract is to be judged by its character, courts will look into
TRUE
substance and not to the mere form of the transaction.
The following are the exceptions under transmissibility of rights of
None of the choices
fulfillment of obligation, except:
Yes, automatic rescission is
X sold Y 100 sacks of rice that Y was to pick up from X's rice mill on
allowed since, having the
a particular date. Y did not, however, appear on the agreed date to
character of movables and
take delivery of the rice. After one week, X automatically rescinded
consumables, rice can easily
the sale without notarial notice to Y. Is the rescission valid?
deteriorate.
To return money paid by mistake Below are examples of obligations arising from the law except:
All of the choices Partial payment is not allowed except:
In order to judge the intention of the contracting parties, their
TRUE contemporaneous and subsequent acts shall be principally
considered.
If the debt produces interest, payment to the principle should have
TRUE
not deemed have been made until the interest has been covered.
When one of the parties is unable to read, or if the contract is in a
language not understood by him, and mistake or fraud is alleged,
TRUE
the person enforcing the contract must show that the terms thereof
have been fully explained to the former.
______________________ is the determination of the meaning of
Interpretation of contracts
the terms or words used by the parties in their written contract.
Demand may be in any form, provided it can be proved. Burden of
TRUE
proof of demand on creditor.
Contracts are perfected by mere consent, and from that moment the
parties are bound not only to the fulfillment of what has been
TRUE expressly stipulated but also to all the consequences which,
according to their nature, may be in keeping with good faith, usage
and law.
_________________ cleanses the contract from its defect from the
Effects of Annulment
moment it was constituted.
______________________________ is a unilateral proposition
Offer which one party makes to the other for the celebration of the
contract.
Culpa Levis The following are kinds of negligence except:
Definite things The following are ways to test divisibility of obligations, except:
Under payment by Cession, the debtor may cede or assign his
There is stipulation to the
property to his creditors in payment of his debts unless
contrary.
_______________________________.
Dolo ________________________ means deceit or fraud.
_______________________evidence of agreement and is used to
Written memorandum/note
show the intention of the parties.
Third person is not entitled to full The following are the effects if a third person payment which is not
reimbursement an interested party with debtor's consent, except:
They are not contrary to law, Parties may freely enter into any stipulations or contracts, provided
morals, good customs, _______________________.
The determination of the performance may be left to a third person,
TRUE whose decision shall not be binding until it has been made known to
both contracting parties.
All other contracts specially declared by law to be subject to
Rescissible
rescission.
There is solidarity liability only when obligation expressly so states
TRUE or when the law or when the nature of the obligation requires
solidarity.
The relativity as a characteristic of contract will take effect only
TRUE
between parties, their assignments and heirs.
___________________________contracts are those absolutely
Void
simulated or fictitious.
The procedure of reformation of instrument shall be governed by
Rules of court
_____________________of the Supreme Court.
If X has the knowledge that the
X sold his fishing boat to Y who intends to use the boat for
boat will be used will make the
smuggling. Is the contract of sale illegal?
sale illegal.
The usual exaggerations in trade, when the other party had an
fraudulent opportunity to know the facts, are not in themselves
________________________.
In an obligation to give like Avon Products, the passive subject is the
seller, the active subject is the buyer, the prestation is "to give,"
To deliver the Avon Products
specifically to deliver the Avon Products, and the juridical tie is a
source of obligation arising from contract.
within the commerce of man What is the object in a contract of sale?
The various stipulations of a contract shall be interpreted together,
TRUE attributing to the doubtful ones that sense which may result from all
of them taken jointly.
The head of a family that lives in a building or a part thereof is
TRUE responsible for damages caused by things thrown or falling from the
same.
Declares inefficiency which
The following are kinds of unenforceable contracts, except:
contract already carries in itself.
_______________________is the thing, right or service which is the
Object
subject matter of the obligation arising from the contract
_______________________ any person may invoke the inexistence
accion reinvindicatoria of the contract whenever juridical effects founded thereon are
asserted against him.
___________________________contracts are those contemplate
Void
an impossible service.
If one party was mistaken and the other acted fraudulently or
inequitably in such a way that the instrument does not show their
TRUE
true intention, the former may ask for the reformation of the
instrument.
In solidum The following are words indicating joint obligation except:
Debtor is aware of insolvency at The following are effects of delegacion except:
the time he deligated his debt
Possible to foresee the event
The following are the requisites of fortuitous event under
which constitute caso fortuito and
extinguishment of liability in case of breach except:
avoidable
General rule: Creditor cannot be compelled to receive partial
TRUE prestations as well as Debtor cannot be compelled to pay partial
payments.
___________________________ is a kind of Novation as to effect
Partial where only a modification or change in some principal conditions of
the obligation.
________________________ is a wrong or false notion about such
Mistake or error
matter.
Under subsidiary liability of a crime, innkeepers, tavern keepers or
FALSE any other persons or corporation, shall not be civilly liable for crimes
committed in their establishment.
Contracts of Adhesion shall be resolved against the party who
TRUE prepared the contract and in favor of the one who merely adhered to
it.
A person's conduct expected of a
reasonably prudent person acting Elements of negligence are the following except:
under similar circumstances.
Those contracts undertaken in fraud of creditors when the latter
Rescissible
cannot in any other manner collect the claims due them.
Rescissible contract that has caused a particular damage to one of
TRUE the parties or to a third person and which for equitable reasons may
be set aside even if valid.
___________________________contracts as by its nature of the
Rescissible defect refer to things in litigation without the knowledge and approval
of litigants or competent judicial authority.
In order that fraud may make a contract voidable, it should be
TRUE serious and should not have been employed by both contracting
parties.
When you interpret a contract you must look for the contractual
TRUE
intent.
How payment is made? A debt shall not be understood to have been
TRUE paid unless the thing or service which the obligation has
beencompletely delivered or rendered as the case may be.
Under obligations, an active subject, also known as
Obligee or creditor the________________, who has the power to demand the
prestation
Those contracts which are entered into by guardians whenever the
Rescissible wards whom they represent suffer lesion by more than one-fourth of
the value of the things which are the object thereof.
_______________________contract in which consent of one of the
Voidable
parties is defective.
When the offer or acceptance made during a hypnotic spell, it
voidable
becomes:
Under Void contracts, when the act is unlawful but does not
Neither party may recover what he
constitute a criminal offense at the same time both parties are at
has given by virtue of the contract.
fault,_____________________________
when the option is founded upon a When the offerer has allowed the offeree a certain period to accept,
consideration, as something paid the offer may be withdrawn at any time before acceptance by
or promised. communicating such withdrawal, except:
The interpretation of obscure words or stipulations in a contract shall
FALSE
favor the party who caused the obscurity
___________________________contracts as by its effect is valid
Rescissible
until rescinded .
Under Estoppel, when oblige accepts the performance knowing its
incompleteness or irregularity and without expressing any protest or
Fulfilled/complied with
objection, the obligation is deemed
____________________________.
_______________________ contracts are essentially agreements
Gratuitous
to give donations.
An accounting firm and a computer shop are two separate
businesses that do not have any connection. If the accounting firm
buys 20 sets of computers for P400,000.00 from the computer shop,
Delivery of the 20 sets of
then a legal connection (juridical relation) is created between the two
computers.
enterprises. With a perfected written contract of sale, the accounting
firm may demand from the computer shop the
______________________.
The duty to repair damages due to negligence is an example of
Acts or omissions punished by law
obligations arising from ____________________.
TRUE A qualified acceptance constitutes a counter offer.
Under kinds of prestation on obligation to do, the duty of the obligor
to pay damages as obliged to do something fails to do it , the will be
TRUE
no action for compliance because that would be involuntary
servitude as prohibited by the constitution.
Acceptance made by letter or telegram does bind the offerer except
from the time it came to his knowledge. The contract, in such a
FALSE
case, is presumed to have been entered into in the place where the
offer was made.
Civil obligations arising from
Crime/s without civil liability are the following except;
criminal offense.
If two parties agree upon the mortgage or pledge of real or personal
property, but the instrument states that the property is sold
Reformation
absolutely or with a right to repurchase,
__________________________of the instrument is proper.
Obligation arising from quasi- delict is demandable not only for one's
Liability for fault for others own acts or omissions but also for those persons for whom one is
responsible.
___________________________contracts can be cured by
Unenforceable
ratification, acknowledgement, acceptance or confirmation.
In impossibility of things and services, the impossibility must be
TRUE actual and contemporaneous with the making of the contract and not
subsequent.
Mistake as to the identity or qualifications of one of the parties will
vitiate _____________________consent only when such identity or
qualifications have been the principal cause of the contract.
Sharon Tony enters into a contract of sale with Sharon who paid the
purchase of a motorcycle unit. Tony did not deliver the motorcycle
 unit. Identify the active subject in the statement as an essential
requisite of an obligation.
Rescission (cancellation) of the
When the thing deteriorates with the debtor's fault, the creditor may
obligation with indemnity for
choose one of the following:
damages
Contracts agreed to in a state of drunkenness or during a hypnotic
voidable
spell are ____________________.
The fixing of a price may be determined by one of the contracting
FALSE
party for the sale to be perfected.
all of the choices Acceptance may be ____________________ or implied.
The determination of the performance maybe left to a third person,
FALSE
whose decision is binding even if not known to both parties.
FALSE Voidable contracts may not be rescinded.
Advertisements for bidders are simply
____________________________ to make proposals, and the
invitations
advertiser is not bound to accept the highest or lowest bidder,
unless the contrary appears.
There is __________________________ when, through insidious
words or machinations of one of the contracting parties, the other is
fraud
induced to enter into a contract which, without them, he would not
have agreed to.
Non existent ________________ contract which is an absolute nullity.
The prescription period to file for action for annulment of contract is
4
______________years.
Damages can be recovered when contract is not perfected if
TRUE
withdrawal of the offer must be without any illegitimate cause.
Acceptance made by a letter or telegram does not bind the offerer
except from the time it came to his knowledge. The contract in such
TRUE
case is presumed to have been entered in the place where the offer
was made.
A ___________________is an agreement between two parties
without previous obligations to one another that has been created
Quasi contract
and legally recognized by the court system. Under this contract,
neither involved party is expected to create such an agreement.
No, since the seller owns no
inheritance while his predecessor Can future inheritance be the subject of a contract of sale?
lives.
_______________________ contracts, the cause is understood to
Onerous be, for each contracting party, the prestation of a thing or service by
the other.
___________________means one party bears the lion's share of
Pactum leonina
the risk.
___________________is a meeting of minds between two persons
Contracts whereby binds himself, with respect other, or to give something or to
render some service.
Change in the object of
What is the objective of Novation?
prestations
The law presumes that G must G gave Php 100,000 to H who signed a receipt stating: "This is to
have received a service from H acknowledge payment of G in the amount of Php100,000". G later
and that the same is lawful. If G
claims otherwise, he must prove
his allegation that H is bound to
return the 100,000 to G.
Rescissible
No, since such prohibition is
authorized by law and is not
repressive; she could remarry but
must give up the money.
Motive
No, since the marriage was
merely voidable and Judy ratified
it by freely cohabiting with Baldo
after the force and intimidation
had ceased
FALSE
Outside the commerce of man
Rescissible
TRUE
Reformed
TRUE
Insane person acting in lucid
interval
imperfected promise
Within the commerce of man
Negotiorum gesto
Rescissible
Meeting
complains the he receives nothing from H for the Php 100,000. Is H
bound to return the Php 100,000?
________________________contracts which are in between valid
and void.
Fernando executed a will, prohibiting his wife Marina from
remarrying after his death, at the pain of the legacy of P100 million
in her favor becoming a nullity. But a year after Fernando's death,
Marina was so overwhelmed with love that she married another
man. Is she entitled to the legacy, the amount of which is well within
the capacity of the disposable free portion of Fernando's estate?
_______________________ does not affect the validity of the
contract.
Baldo, a rejected suitor, intimidated Judy into marrying him. While
she wanted to question the validity of their marriage two years after
the intimidation ceased, Judy decided in the meantime to freely
cohabit with Baldo. After more than 5 years following their wedding,
Judy wants to file a case for annulment of marriage against Baldo on
ground of lack of consent. Will her action prosper?
Impossible things or services can be the object of contracts.
________________________are all kinds of things and interests
whose alienation or free exchange is restricted by law or stipulation,
which parties cannot modify at will.
___________________ contract that has caused a particular
damage to one of the parties or to a third person and which for
equitable reasons may be set aside even if valid.
When the agreement is not illegal per se but is merely prohibited,
and the prohibition by the law is designated for the protection of the
plaintiff, he may, if public policy is thereby enhanced, recover what
he has paid or delivered.
When through the ignorance, lack of skill, negligence or bad faith on
the part of the person drafting the instrument or of the clerk or typist,
the instrument does not express the true intention of the parties, the
courts may order the instrument be _____________________.
No liability for fortuitous events intervene.
The following are exempting circumstances, do not incur criminal
liability but not exempt from civil liability except:
______________________ means mere unaccepted offer.
The following may not be the objects of a contract except:
__________________________is a kind of Quasi-contract which
states that whoever voluntarily takes charge of the agency or
management of the business or property of another, without any
power from the latter, is obliged to continue the same until the
termination of the affair and its incidents or to require the person
concerned to substitute him, if the owner is in the position to do so.
___________________________contracts can be cured by
ratification or prescription.
Consent is manifested by the _____________________ of the offer
and acceptance upon the thing and the cause which are to
 constitute a contract.
None of the choices The following are requisites of condonation, except:
Under Quasi-delict, Guardians are liable for damages caused by
TRUE minors or incapacitated person who are under their authority and
live in their company.
TRUE Creditor should make demand before debtor incurs delay.
Under action of undoing, when the obligation consist of not doing
TRUE and the obligor does what has been forbidden him, it shall be
undone at his expense.
Civil obligations arising from criminal offence must be governed by
TRUE
the penal laws
In bilateral contracts, fulfillment must not be simultaneous or
FALSE
reciprocal.
__________________________is a kind of Prestation which consist
Not to do
in abstaining from such act.
Elements of Obligation where in the obligee is bound to perform the
Passive Subject
prestation . (obligor/debtor)
Under Quasi-delict, the State is responsible in like manner when it
acts through a special agent but not when the damage has been
TRUE
caused by the official to whom the task done properly pertains, in
which case what is provided in article 2176 shall be applicable.
____________________________ is conditional type of obligation
Suspensive where an obligation arises, but if the condition does not happen,
obligation does not come to existence.
___________________________is kind of conditional of obligation
Potestative which depends upon the will of the contracting parties, in the power
of one party to realize or prevent it.
Condition ___________________ determines the existence of an obligation.
There is a presumption under period or term that it both benefits the
debtor and creditor unless from the tenor of both circumstances it
TRUE
should appear that the period has been established in favor of one
or the other.
Creditor can collect other
damages in addition to penalty, if Under Obligations with Penal clause, the following are the effects of
the debtor is guilty of fraud in the penal clause except:
fulfillment of obligation.
If the obligation consist in the payment of a sum of money and the
debtors incurs delay, the indemnity of damages, there being no
6 stipulation to the contrary, shall be the payment of interest agreed
upon, and in the absence of the stipulation, the legal interest will be
___________percent per annum per Article 2209.
Law as a source of obligation - The law may impose an obligation on
a business. These law-based obligations are never presumed.
TRUE There must be a legal provision which serves as the basis.
Necessarily, the demandable obligations are only those expressly
provided by the law.
A contract of sale and a contract of loan are examples of
Prestation to give
________________________.
There must be an act or omission. Jenny was driving under the influence of alcohol at a speed of 120
kph. Jenny hit the car of Neil, causing damage to the car which
 required P100,000.00 to repair. Neil was also physically injured and
incurred medical expenses in the amount of P100,000.00.
Requisites of Quasi Delict: Jenny drove and hit Neil's car which
constitutes ____________________ as a requisite of quasi delict.
Jenny was negligent for driving the car above the speed limit and
under the influence.The collision injured Neil and damage to Neil's
car. There is no contract between Jenny and Neil.
In an obligation to pay taxes, the passive subject is the taxpayer, the
active subject is the government through the Bureau of Internal
To pay taxes Revenue, the prestation is "to give,"
specifically__________________, the juridical tie is a source of
obligation arising from law.
Obligations arising from Contracts or 'Obligation ex contractu' arise
from stipulations of the parties: meeting of the minds / formal
agreement must be complied with in good faith because it is the
TRUE
"law" between parties; neither party may unilaterally evade his
obligation in the contract, unless: contract authorizes it or other party
assents
____________________ is contracting for or receiving something in
excess of the amount allowed by law for the loan or forbearance of
Usury
money, good of chattels. It is also taking more interest for the use of
money, goods or chattels or credits than the law allows.
Default ends from the moment creditor demands the performance of
FALSE
obligation.
Obligations arising from contracts have the force of law between the
FALSE
contracting parties and should be complied with in bad faith.
Elements of Obligation where in there is power to demand the
Active Subject
prestation or object. (obligee/creditor)
Concept of ________________________ is the meeting in one
Merger person of the qualities of the creditor and the debtor with respect to
the same obligation
Entitlement of fruits/interests from
The following are the rights of the creditor under obligations to give
the time the obligation to deliver
under generic thing except:
arises
Fortuitous event The following are the modes of breach of obligation except:
_______________________ is wrongful act or omission which
Injury
causes loss or harm to another.
Would a prudent man, in the position of the person to whom
Test of negligence negligence is attributed, foresee harm to the person injured as
reasonable consequence of the course about to be pursued?
Pactum commisorum ____________________means automatic foreclosure.
The procedure of reformation of instrument shall be governed by
Rules of court
_____________________of the Supreme Court.
As a general rule, contracts shall be ___________________ in
Obligatory whatever form they have entered into, provided all essential
requisites for their validity are present.
_______________________prevent fraud and perjury in the
enforcement of obligations depending for their evidence upon the
Purpose of Statutes unassisted memory of witnesses by requiring certain enumerated
contracts and transactions to be evidenced by a writing signed by
the party to be charged.

TRUE
The law presumes that G must
have received a service from H
and that the same is lawful. If G
claims otherwise, he must prove
his allegation that H is bound to
return the 100,000 to G.
Void.
Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid
P2, 000.00. Mary has the obligation to return the P1,000.00 excess
because there was payment by mistake.
G gave Php 100,000 to H who signed a receipt stating: "This is to
acknowledge payment of G in the amount of Php100,000". G later
complains the he receives nothing from H for the Php 100,000. Is H
bound to return the Php 100,000?
Lino entered into a contract to sell with Ramon, undertaking to
convey to the latter one of the five lots he owned, without specifying
which lot it was, for the price of P1 million. Later, the parties could
not agree which of five lots Lino owned to sell to Ramon. What is the
standing of the contract?