CAVEAT – Answers not from professor

Part I Part II
1. T 1. C
2. T 2. B
3. F 3. A
4. F 4. B
5. F 5. C
6. T 6. B
7. T 7. C
8. T 8. A
9. F 9. C
10. T 10. C
11. F 11. C
12. F 12. B
13. T 13. A
14. T 14. C
15. F 15. D
16. T 16. A
17. F 17. D
18. F 18. B
19. T 19. A
20. T 20. B
21. F 21. C
22. T 22. A
23. T 23. D
24. F 24. D
25. F 25. A
26. T 26. B
27. F 27. B
28. T 28. B
29. F 29. A
30. T 30. D
CAVEAT – Answers not from professor

CIVIL LAW REVIEW II

Final Examination
December 14, 2020 (5:0 pm -10:00 pm)

INSTRUCTIONS: This examination consists of TWO parts. Part I involves true or false
questions; and Part II, multiple choice questions. Type your answers in our Canvas (text entry)
classroom. Good luck!.

PART I. (1pt. each)

Write TRUE if the statement is true; FALSE, if otherwise.

1. The obligation of a husband and wife to love and support each other is an obligation arising
from a contract. TRUE
2. Facio ut des is an innominate contract which means, “I do that you may give.” TRUE

3. The doctrine of quasi-contract applies even when there is a contract between the parties.
FALSE
4. A debtor who did not know that his debt had already prescribed is allowed to recover what he
paid. FALSE
5. Incidental fraud vitiates consent. FALSE
6. D promises to give C a particular phone on Valentine’s Day next year. D’s obligation is an
obligation with a suspensive period. TRUE

7. The transfer of ownership in a contract to sell is subject to a suspensive condition. TRUE

8. “Future things or goods” may be sold; but cannot be donated. TRUE
9. In a contract to sell, the failure of the buyer to pay the price gives the seller he right to file for
rescission of the contract. FALSE
10. A contract of sale is void if the third person chosen by the parties in fixing the price of the sale
acted in bad faith. TRUE

11. An agent is allowed to sell to himself what his principal has ordered him to buy. TRUE
12. An agent is allowed to buy for himself what he has been ordered to sell. FALSE
13. A transaction “on sale or return” is a sale that depends on the discretion of the buyer. TRUE

14. A waiver consciente is a voluntary renunciation of the vendee of the right to a warranty in case
of eviction without knowledge of any risk of eviction. TRUE
15. A vendee may file a redhibitory action against the vendee to avoid a sale because of some
defect in the thing sold within the period prescribed by law counted from the date of the
perfection of the sale. FALSE
16. The ownership of the property sold in a pacto de retro sale is immediately vested in the buyer
a retro. TRUE
17. Commodatum involves only non-consummable things. FALSE
18. The bailee in commodatum is liable to pay the extraordinary expenses for the use and
preservation of the thing loaned. FALSE
CAVEAT – Answers not from professor

19. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation
to the contrary. TRUE
20. The sub-lessee is only subsidiarily liable to the lessor for acts pertaining to the use and
preservation of the property. TRUE
21. The sub-lessee is directly liable to the lessor for the rent owed by the lessee. FALSE
22. As a general rule, an agent’s authority may be oral or written. TRUE
23. Agency by estoppel arises when one clothes another with apparent authority as his agent, and
holds him out to the public as such. TRUE
24. Implied agency arises when the authority of the agent is not real but only apparent. FALSE
25. Every partnership with a capital of Php3,000 or more, in money or property, must appear in a
public instrument and recorded in the SEC; otherwise, the partnership is void. FALSE
26. A particular partnership has for its object determinate things, their use or fruits, or a specific
undertaking, or the exercise of a profession or vocation. TRUE
27. A husband and wife may validly constitute a universal partnership. FALSE
28. Culpa contractual is not a source of an obligation. TRUE
29. The employer’s liability in culpa contractual is based on the principle that the negligence of
the employee is prima facie presumed to be the negligence of the employer. FALSE
30. Under the Revised Penal Code, the employer’s subsidiary liability attaches only when the
employer is engaged in business or industry. TRUE

PART II. (2pts. each)

Choose the correct answer by shading the appropriate letter in the separate answer sheet. SHADE
ONLY ONE LETTER. Shading of two or more letters shall invalidate your answer.

QUESTION NO. 1

The following are obligations imposed by law, except:

a. an obligation to support one’s spouse and children.
b. an obligation to pay license fees before one can engage in business.
c. an obligation to pay school fees where one is enrolled.
d. an obligaiton to take and pass the Bar exmainations before one can practice law.

QUESTION NO. 2

Ding is obliged to deliver an iphone XR cellular phone with serial number 21436 to Dong on
October 24, 2019. Ding did not deliver the iphone on its due date despite Dong’s repeated
demands. Based on the foregoing, which of the following statements is correct?

a. Ding is responsible for any fortuitous event until he has effected delivery of the phone to Dong.
b. Dong may compel Ding to deliver the iphone with serial number 21436.
c. Dong may demand the payment of damages from Ding.
d. Dong may get another iphone from another supplier at Ding’s expense.
CAVEAT – Answers not from professor

QUESTION NO. 3

If a period is established for the debtor’s benefit, the debtor will lose this benefit in the following
cases, except if:

a. the debtor becomes insolvent, unless he gives a guaranty or security for the debt.
b. the debtor does not furnish the creditor any guaranty or security.
c. the guaranty or security that he furnished is impaired through his fault.
d. The debtor attempts to abscond.

QUESTION NO. 4

Atty. Abe is scheduled to travel to Naga City for a three-day bar review lecture in Civil Law.
Because he does not understand a single Bicolano word, he brings with him his Bicolano neighbor,
Rey, as his interpreter. If Rey is to be paid for his services, it is because of:
a. do ut des.
b. do ut facias.
c. facio ut des.
d. facio ut facias.

QUESTION NO. 5

It is a principle which holds that the parties are bound not only by what has been expressly agreed
upon in their contract but also to the natural consequences that flow out of it.

a. obligatory force of contracts

b. mutuality of contracts
c. autonomy of contracts
d. relativity of contracts

QUESTION NO. 6

This legal principle refers to the position of essential equality which must be occupied by both of
the contracting parties in relation to the contract.

a. obligatory force of contracts

b. mutuality of contracts
c. autonomy of contracts
d. reativity of contracts

QUESTION NO. 7

Susan owns a lot. Her neighbor, Bea, has repeatedly expressed an interest in buying the property.
In a conversation, Susan and Bea discussed the sale of the property, including the details of the
sale. Susan then wrote a note agreeing to sell the property for Php2 million, and Susan signed the
note. Bea takes the note, and then shows up with a bank check for the fixed amount and declares
that she is purchasing the property. Susan decides the terms are not reasonable, and she claims that
Bea did not accept, and backs out. Is there a contract?

a. There is no contract because Bea did not put her acceptance in writing.
CAVEAT – Answers not from professor

b. There is a contract because Susan put it in writing.

c. There is a valid contract when Bea engaged in specific performance by producing the funds
requested by Susan in response to her written offer.
d. There is no contract because Bea did not respond.

QUESTION NO. 8

Seller, in reply to an inquiry from Buyer, sent a letter dated December 8 stating the terms upon
which he would sell to Buyer 100 to 300 computer units of a certain brand at a certain price.

On December 16, Buyer sent a letter to Seller ordering 90 computer units on those terms. On
December 18, Seller sent a letter to Buyer rejecting the order. The next day Buyer sent Seller a
letter stating, “Please enter an order for 150 computer units per your letter of December 8.” Seller
refused the order, and Buyer sued for breach of contract. Judgment for whom?

a. Judgment for Seller. Buyer’s telegram of December 16 was a counter-offer. A counter-offer is

in law a rejection of the original offer.
b. Judgment for Buyer. Buyer’s telegram of December 16 was a valid acceptance of the Seller’s
offer. Acceptance of an offer creates a valid contract between the parties.
c. Judgment for Seller. The Seller may withdraw his offer at any time before acceptance of his
offer by the Seller.
d. Judgment for Buyer. Buyer’s telegram of December 16 is immaterial because of his letter the
following day referring to the Seller’s December 8 letter.

QUESTION NO. 9

On March 5, A writes a letter to B offering the sale of a car. On March 6, at 1:00 p.m., B sends a
letter of acceptance which is received by A at 4:00 p.m. that day. But at 2:00 p.m., A already sends
B a letter withdrawing the offer which is received by B at 5:00 p.m. Is there a contract?

a. There is a contract because as of 1:00 p.m. of March 6, B had already accepted A’s offer.
b. There is a contract because A is bound by his offer which he communicated to B by letter.
c. There is no contract A had no knowledge of B’s acceptance when he withdrew his offer.
d. None of the above.

QUESTION NO. 10
Seller offers to sell to Buyer a particular car for Php300,000. Which of the following events will
not end Seller’s offer?
a. Seller dies before Buyer’s acceptance, and at the time Buyer accepts, he is unaware of Seller’s
death.
b. The night before Buyer accepts, fire destroys the car.
c. Buyer pays Php1,000 for a 30-day option to buy the car. During this period, Seller dies, and
later Buyer accepts the offer, knowing of Seller’s death.
d. Seller dies an hour before receiving Buyer’s acceptance.
CAVEAT – Answers not from professor

QUESTION NO. 11
A donated real property to B in a private instrument. B accepted in the same instrument. B failed
to register the donation because donation requires a public instrument. B requested A to put the
donation in a public instrument. A refused. B then sued to compel A to observe the necessary form.
Will the action prosper?

a. Yes. B may compel A to observe the necessary form to allow him to register the written
donation. The form here is required for B’s convenience.
b. No. A cannot be compelled to observe the necessary form because the donation is not valid.
c. Yes. B may compel A to put the donation in a public instrument because the donation is a valid
and enforceable donation.
d. No. To compel A to put down the donation in a public instrument amounts to involuntary
servitude.

QUESTION NO. 12

Which of the following is not a formal contract?

a. stipulation to pay interest on loans.
b. lease.
c. sale of land thru an agent.
d. antichresis.

QUESTION NO. 13

What is the legal standing of the sale by the guardian of the property of his ward without court
approval?
a. void.
b. voidable.
c. rescissible.
d. unenforceable.
QUESTION NO. 14

Which of the following statements is not accurate?

a. If the agent has been empowered to borrow money, he may himself be the lender at the current
rate of interest.
b. An agent cannot buy the property whose administration or sale is entrusted to him without the
consent of the principal.
c. By agreement, the principal may exempt the agent from the obligation to render an account.
d. The agent is liable for damages if, there being a conflict between his interests and those of the
principal, he should prefer his own.
CAVEAT – Answers not from professor

QUESTION NO. 15

Bertha is interested in buying a floor polisher. The seller gives possession of a new model, telling
her to take it home and try it out. The sale price is Php15,000. If Bertha does not like the polisher,
she can bring it back within two weeks. If she does not bring it back within this period, or if she
approves the offer, the seller will bill her. In the meantime, seller retains ownership of the polisher.
What kind of transaction is this?
a. sale on approval
b. transaction on sale or return
c. sale on consignment
d. conditional sale
QUESTION NO. 16

Armand sold his land to Banjo who began to possess it. Cirilo, a stranger, sold the same land,
unauthorized by anyone, and in his own name to Dondon, who registered the sale in good faith.
Who owns the land, Banjo or Dondon?
a. Banjo is the owner even if he did not register the sale because Dondon, who registered it, did
not buy the land from its lawful owner.
b. Dondon is the owner because of his registration of the sale in good faith.
c. Banjo is the owner even if he did not register the sale because he was already in possession of
the land when Cirilo sold it to Dondon.
d. Dondon is the owner following the principle that a person transacting with a registered land has
the right to rely on the certificate of title.
QUESTION NO. 17

Alma, Belinda, Cora, Donna, and Erlinda jointly and severally owe Fidel Php250,000. Fidel
condones the entire debt because of his fondness for Alma. In this situation:
a. Alma may ask her co-debtors to pay her Php50,000 each.
b. Alma may ask her co-debtors to pay her Php62,500 each.
c. Alma may ask any of her co-debtors to pay her the entire Php250,000.
d. Alma may not seek reimbursement from her co-debtors.
QUESTION NO. 18

Athena sold his land to Belinda. Later, Athena sold the same land to Carlota. Belinda in turn sold
the land to Dina, who took possession of the land. Carlota, a purchaser in good faith, registered
the land in her name. Who is now the owner of the land, Carlota or Dina?
a. Carlota is the owner because she bought the land from Athena, the owner of the land, in good
faith and for value.
b. Dina is the owner because she took possession of the land in good faith. The law on double does
not apply because Dina and Carlota did not buy the same property from the same person.
c. Carlota is the owner because she registered the sale in good faith. The law on double applies
even if Dina and Carlota did not buy the same property from the same person.
d. Dina is the owner because she bought the land first from Athena.
CAVEAT – Answers not from professor

QUESTION NO. 19

Batman borrowed from Superman the latter’s car for an out of town trip. On his way to his
proposed destination, Batman met with an accident which greatly damaged the car. Batman was
not at fault because he was driving carefully. If the car is to be repaired, the expenses for repair is
to be paid by:

a. Batman alone, whether he is at fault or not.

b. Superman alone, because Batman was not at fault.
c. Superman alone, he being the owner of the car.
d. Batman and Superman in equal shares, the expenses being deemed extraordinary.
QUESTION NO. 20

Frodo contracted Bilbo to sew 20,000 pieces of assorted maong pants. Frodo obliged himself to
pay Bilbo, for his services, Php200,000, and for Bilbo to deliver the finished products within two
months. Bilbo sewed the pants and delivered them to Frodo who promised payment. Frodo failed
to pay despite demands. Bilbo filed an action to collect the amount due. The court should direct
Frodo to pay Bilbo:
a. Php200,000 with interest at 12% per annum to be counted from the filing of the complaint until
the amount is fully paid.
b. Php200,000 with interest at 6% per annum to be counted from the filing of the complaint until
the amount is fully paid.
c. pay Bilbo Php200,000 with interest at 12% per annum to be counted from the time the obligation
was contracted up to the filing of the complaint and until the amount is fully paid.
d. pay Bilbo Php200,000 with interest at 12% per annum to be counted from the time the obligation
was contracted up to the filing of the complaint and until the amount is fully paid.
QUESTION NO 21

Lorenzo, without the authority of Manolo, sold Manolo’s car in Manolo’s name, to Nonito. The
contract between Lorenzo and Nonito is:
a. rescissible.
b. voidable.
c. unenforceable.
d. void.
QUESTION NO 22
In a letter, Seller offers to Buyer the sale of a property. Buyer sends a reply. Which of the following
statements in Buyer’s reply will not result in a contract?
1. “I accept your offer to sell the land. I wish I could have gotten a better price.”
2.. “I accept your offer to sell the land, but can you shave the price?”
3.. “I accept your offer to sell the land, but only if I can pay on 90 days credit.”
4. “I accept your offer to sell the land, provided that you are the owner.”

a. The reply in (1)

b. The reply in (2)
c. The reply in (3)
d. The reply in (4)
CAVEAT – Answers not from professor

QUESTION NO. 23
Determine which of the following statements is correct.
Statement 1: When a right to sue upon a civil obligation has lapsed by extinctive prescription, the
obligor who voluntarily performs the obligation can recover what he has delivered or the value of
the services he has rendered.
Statement 2: Natural obligations grant a right of action to enforce their performance, and after
voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or
rendered by reason thereof.

a. The statement in (a) is correct.

e.

b. The statement in (b) is correct.

f.

c. The statements in (a) and (b) are both correct.

g.

d. The statements are both wrong.

QUESTION NO. 24

B bought P’s property through A, an agent with an SPA to sell the property. When B was ready
to pay, P called B directing B to pay directly to him (P), not to A. On learning this, A told B to
pay through him as his SPA provided and to protect his commission.

Faced with two claimants, B consigned his payment in court. P protested, contending that the
consignation is ineffective because there was no tender of payment made to him. Is P correct?
a. No; consignation without a prior tender of payment is valid because of the conflicting claims of
P and A.
b. Yes. As owner of the property sold, P can demand payment directly to him.
c. Yes, because B made no announcement of the prior tender of payment.
d. Yes. A tender of payment is required before a valid consignation.

QUESTION NO. 25

Abe owes Rey Php2 million payable on or before December 31. To secure the loan, Abe executes
a mortgage on his buiding in Rey’s favor. On October 25, the building is totally destroyed in a fire
of accidental origin. After the fire, Rey immediately demands payment of the loan from Abe. Is
Rey’s demand valid?
a. Yes. This is once instance where the debtor loses the benefit of the period.
b. No. The debt becomes demandable only when the security is lost through the debtor’s fault.
c. No. The debtor here continues to enjoy the benefit of the period. His debt is now unsecured.
d. Yes, because Rey agreed to the period only because of the security. Without it, he would
probably not have agreed to the credit.
QUESTION NO. 26

Which of the following agreements need not comply with the Statute of Frauds?
a. Abe is indebted to Ben which is now due. Clay, a friend of Abe, promises to pay Ben what Abe
owes in case the latter defaults in his obligation to Ben.
b. Abe intends to borrow money from Ben to finance a business. Clay, a friend of Abe, tells Ben
to extend the loan to Abe and represents that Abe financially able in paying the loan obligation.
c. Abe sells to Rey a car for Php150,000.
d. Abe assigns his leasehold rights to Rey for the remainder of the lease period.
CAVEAT – Answers not from professor

QUESTION NO. 27

Debtor borrowed money from Creditor. To guarantee payment, Debtor left the Torrens title of his
land to Creditor for the latter to hold until payment of the loan. Is there a:
a. contract of pledge?
b. contract of mortgage?
c. contract of antichresis?
d. none of the above?
QUESTION NO. 28

Which of the following is not necessary for tacita reconduccion to exist?

a. There must be expiration of the contract.
b. There must be no rental arrears.
c. There must be continuation of possession for 15 days or more.
d. There must be no prior demand to vacate.
QUESTION NO. 29

Which of the following statements is NOT correct?

a. The power to sell includes the power to mortgage.
b. The power to mortgage does not include the power to sell.
c. The power to compromise does not include the power to authorize to submission to arbitration.
d. As a rule, the agent’s aurhority may be oral or written.

QUESTION NO. 30

Which of the following is not a valid defense in quasi-delict cases?

a. res ipsa loquitor.
b. contributory negligence.
c. sudden emergency rule.
d. assumption of risk.