4/30/22, 1:45 PM Quiz: COMLAW

COMLAW
Started:
Apr 30 at 12:55pm

Quiz Instructions
Select the letter of the best answer. 

Question 1 1 pts

A Natural Obligation under the New Civil Code of the Philippines is one which:

Cannot be judicially enforced but authorize the obligee to retain the obligor’s payment or
performance

The obligee may enforce through the court if violated by the obligor

The obligor has a moral obligation to do, otherwise entitling the obligee for damages

Refers to an obligation in writing to do or not to do

Question 2 1 pts

Andy owes Beyn P500,000 demandable aprend due on September 20, 2028. Beyn,
on the other hand, owes Andy P500,000 and due on or before September 30, 2028. If
Beyn claims compensation on September  20, 2018, can Andy rightfully oppose? 

Andy can properly oppose and if Beyn still refuses to accept his payment made on
September 30, 2028, he can deposit his payment in court.

None of the above.

No, Beyn who was giving the benefit of the term, may claim compensation because he could
then choose to pay his debt on September 20, 2028 which is actually “on or before
September 30, 2028”.

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Yes, Andy can properly oppose because for compensation to take place, mutual consent of
both parties is necessary.

Question 3 1 pts

S borrowed P10,000 from D. On the due date, D was already insane. Nonetheless, S
gave D P10,000 to settle the debt. When D’s guardian learned of the payment made
by S, D was found to only have P3,000 left in his wallet and that he lost P2,500
gambling, and used P4,500 to buy his food. In this case: 

The total payment is not valid because D was incapacitated at the time he received payment
from S.

Payment is valid only up to P7,500

Payment is valid only up to P3,000

Payment is valid only up to P10,000

Question 4 1 pts

GD promised to sell his house and lot in Cebu to Dara if the latter decides to live in
Cebu. This obligation is:

With suspensive potestative condition on the part of the creditor and is therefore valid

With resolutory potestative condition on the part of the debtor and is therefore valid

With suspensive potestative condition on the part of the debtor and is therefore void

With causal condition and is therefore valid

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Question 5 1 pts

When will a person who in good faith accepts an undue payment of a thing certain or
determinate be responsible for the impairment or loss of the same or its accessories
and accessions? 

He is liable in any instances.

When the reason for the loss is a fortuitous event.

He is liable only in so far as he has thereby been benefited.

When he is not guilty of negligence.

Question 6 1 pts

While trying to pass each other on a narrow bridge, a passenger bus and a private
automobile collided, and two persons, A and B, were injured. A was a passenger on
the bus while B was a  pedestrian. The bus company was made a defendant
although its employee driver was the one driving the bus and the owner-driver of the
private car was also made a defendant. What can be the source of obligation of the
bus company as regards A, the passenger? 

Culpa aquiliana or quasi-delict if he exercised the diligence of a good father of a family in

selecting his employees.

Quasi-contract

Culpa criminal or crime and considered a principal liability

Contract of carriage for failure to exercise extra-ordinary diligence

Question 7 1 pts

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Using the same data in the preceding number, what can be the source of obligation of
the bus company as regards B, the pedestrian?

Contract of carriage

Quasi-contract

Culpa aquiliana if he fails to exercise the diligence of a good father of a family in selecting his
employees

Culpa criminal or crime and considered a principal liability

Question 8 1 pts

X, Y, and Z solidarily bound themselves to pay to solidary creditors Ar, B, and c the
amount of P 75,000.00. The loan was secured by a mortgage on X’s land. Out of
gratuity, A, in a public instrument, renounced the obligation in favor of X, with the
formality required by law. In this case, which statement is correct? 

Only X’s part of the obligation is extinguished.

Both the principal obligation and the mortgage are extinguished by remission.

The principal obligation is extinguished.

Both the principal and the accessory obligation subsist.

Question 9 1 pts

Manica agreed to deliver an iPhone 10, or Samsung Galaxy S6, or a Infinix Hot 10i to
Kimberlou. In the given example of an alternative obligation, which of the following
effects of loss of objects of obligation does not conform to the provisions of the law? 

The loss of the iPhone and Samsung with or without the fault of Manica will reduce the
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obligation to a simple one

If the iphone is lost through the fault of Manica, she can still select the Samsung or the Infinix

If all the items are lost through fortuitous event, Manica will lose the right of choice

If all the items are lost through Manica’s fault, liability will attach

Question 10 1 pts

 In order that fraud may make a contract voidable:

It may be incidental but should have been employed by both parties

It may be serious and the parties must be in pari delicio

It should be serious and should not have been employed by both contracting parties

It may be incidental but both parties should not be in pari delicto

Question 11 1 pts

Statement 1 - Payment must be made to the creditor, who is the creditor all the time
of the constitution of the obligation

Statement 2 – If a person is subrogated to the right of the creditor, payment can still
made to the original creditor.

The statements are both true

The statements are both false

Only the first statement is true

Only the second statement is true

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Question 12 1 pts

In which type of delay is consignation the proper remedy of the injured party after a
prior valid tender of payment?

Mora accipiendi

None of the above

Mora solvendi

Compensatio morae

Question 13 1 pts

D is indebted in the amount of P10,000 to C. Such a loan of D is guaranteed in

writing by G. On the maturity date of the loan, T paid P12,000 to C for D’s loan
without the knowledge of D. Which of the following statements is correct? 

T may legally ask for P10,000 reimbursement from D.

T may legally go after G if D will become insolvent up to P12,000

T may legally go after G if D will become insolvent but only up to P10,000.

T may legally recover P12,000 from C if D will become insolvent.

Question 14 1 pts

Alanah has checking account in BDO Unibank with positive balance of P1,000,000.
Alanah borrowed  P1,000,000 from the same bank. At the maturity date of the loan
payable of Alanah, what mode of  extinguishing obligation is present? 
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Condonation

Merger

Compensation

Delegacion

Question 15 1 pts

On June 1, 2020, D unilaterally obliged to deliver a specific cat named “Katie” to C if

the latter will pass the 2020 Bar Examination. On December 1, 2020, C passed the
bar examination. Which of the following statements is correct?

If “Katie” deteriorates on October 1, 2020, due to its age, such impairment shall be borne by
D.

If “Katie” is improved at the expense of D on October 1, 2020, D shall have no other right
than that granted to the usufructuary which refers to the right to use the improved thing for a
reasonable period

If “Katie” is improved by nature or by time on October 1, 2020, D shall be entitled to such

improvement.

If “Katie” died due to a fortuitous event on October 1, 2020, D is liable for damages to C

Question 16 1 pts

In the absence of an agreement to the contrary, when a period is established in an

obligation, to whose benefit is it presumed to be created? 

For the benefit of both debtor and creditor

None of the above

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For the benefit of the creditor

For the benefit of the debtor

Question 17 1 pts

It refers to the creditor’s right to set aside or revoke or rescind the acts or contracts
which the debtor may have done to defraud him. 

Accion reindivicatoria

Acción subrogatoria

Accion publiciana

Accion pauliana

Question 18 1 pts

Teddy borrowed from Ron P500,000.00 the obligation is secured by a chattel

mortgage on Teddy’s Ferrari car. Subsequently, Teddy paid Ron P200,000.00.
Unknown to Teddy, Lyn, who has a big crush on Teddy, paid Ron P500,000.00
believing in good faith that Teddy still owed Ron such amount.

Lyn can recover P500,000.00 from Teddy. If Teddy cannot pay, Lyn can foreclose the
mortgage on Teddy’s Ferrari car.

Lyn can recover P300,000.00 from Teddy. If Teddy cannot pay, Lyn can foreclose the
mortgage on Teddy’s Ferrari car.

Lyn can recover P300,000.00 from Teddy. If Teddy. cannot pay, Lyn cannot foreclose the
mortgage on Teddy’s Ferrari car.

Lyn can recover nothing from Teddy because he paid Ron without the knowledge and
consent of Teddy

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Question 19 1 pts

D obliged himself to give 5 grams of “shabu” to C. Later, the parties agreed that D
would instead give to C 5 sacks of rice. Which of the following statements is correct? 

The novation is valid because the new obligation is valid. Hence, C can demand the delivery
of 5 sacks of rice from D.

The novation is void because the original obligation is void. Hence, C cannot demand the
delivery of 5 sacks of rice from D.

The new obligation is only voidable because had not yet performed the original obligation at
the time of the novation. Accordingly, the new obligation is binding and C may demand the
delivery of 5 sacks of rice from D until the new obligation is annulled by a proper action in
court

The original obligation although void is validated by the new obligation. Hence, C can
demand the delivery of 5 sacks of rice from D

Question 20 1 pts

D bought a car from J and delivered a check in payment of the same. Has D paid the
obligation? Why? 

Yes, because a check is as good as cash.

No, not yet. The delivery of promissory notes payable to order, or bills of exchange or other
mercantile documents shall produce the effect of payment only when they have been
cashed, or when through the fault of the creditor they have been impaired

It depends. If the check is a manager’s check or cashier’s check it will produce the effect of
payment. If it’s an ordinary check, no payment.

Yes, because a check is a valid legal tender of payment.

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Question 21 1 pts

Unless the law or the stipulations of the parties require another standard of care,
every person obliged to give something is also obliged to take care of it with: 

Diligence of a father of a good family

Good diligence of a father of a family

Diligence of a good father of a family

Extra-ordinary diligence

Question 22 1 pts

In the absence of express stipulation as to the place of payment, where shall

payment of an obligation to deliver an indeterminate or generic thing be made? 

Wherever the thing might be at the moment the obligation was constituted or perfected.

Domicile of the creditor.

Place designated by the third party.

Domicile of the debtor.

Question 23 1 pts

It is an obligation that has an accessory undertaking to assume greater liability in

case of a breach. 

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Obligation with a condition

Obligation with a period

Obligation with a penal clause

Obligation with a substitute

Question 24 1 pts

Which of the following refers to an indeterminate thing or generic thing?

Black Honda Civic Car with Plate Number CPA-123

Studio Type Condominium unit in Avida Taft Tower 1

White Machinery with Serial Number 123-456

Red motorcycle with engine number 143-245

Question 25 1 pts

Which of the following contracts cannot be ratified?

Those whose cause or object did not exist at the time of the transaction

Unauthorized contracts

Those where both parties are incapable of giving consent

Those that fail to comply with the Statute of Frauds

Question 26 1 pts
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Edward defrauded Bella in making the latter believe that the ring he is selling is made
of gold and diamond when in fact, it is copper and glass. On the other hand, Bella
defrauded Edward in paying him P200,000 in fake Philippine currency. Which of
these statements are correct?

Neither Edward nor Bella can go to court since they are both guilty of fraud

Edward can go to court for the annulment of the contract so that the ring will be returned to
her

Bella can go to court so that her fake money will be restored to her

All of the statements are not correct

Question 27 1 pts

As security for a loan, Sandy mortgaged his house and lot to Bommie. Both parties
intended to enter a mortgage contract but the instrument as written states that the
house and lot was sold by Sandy to Bommy  with a right to repurchase. In this case,
the proper remedy is: 

Reconstitution

Rescission

Reformation

Annulment

Question 28 1 pts

When would mercantile documents produce the effect of payment? 

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When they are received by the creditor

When they are adequately funded

When they are impaired due to the creditor’s fault

When they are impaired through the debtor’s fault

Question 29 1 pts

The estate of Dunkin Donut who died recently, shows the following: 

 i. A certificate from USLS granting a scholarship to Dunkin. He was subject to

exhaustive examinations and interviews before he was granted the scholarship. He
was supposed to start studying in USLS in 3 months’ time. 

 ii. Articles of Partnership with Krispy Enterprise showing Donut as a general partner. 

iii. A stock certificate of Mister Corporation showing Dunkin as the owner of P5,000
shares of stock. 

iv. A promissory note amounting to P100,000 executed by Maker in favor of Donut.

The note is due after 90 days. 

Which of the following rights of Donut arising from the said documents/contracts will
be transmitted to his heirs? 

I, II and III

II and III

I, III and IV

III and IV

Question 30 1 pts

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Which of the following is an accidental element in a contract of loan?

Cash or consumable thing

Delivery of cash or consumable thing

Agreement to pay interest

Meeting of minds of lender and borrower

Question 31 1 pts

A, B and C jointly and severally obligated themselves to deliver to X a determinate

car worth P600,000. On due date, because of B’s fault, said car was not delivered
causing a P9,000 damage to X. B is insolvent.  Which of the following is most
correct?

X can collect from C the whole P609,000 and collect reimbursement from A of P200,000 only

X can collect from C the whole amount of P609,000 and the latter can collect reimbursement
from A in the amount of P304,500

X can collect from A the sum of P600,000 only because he is not the party at fault but can
recover reimbursement from C on the amount of P309,000

X can collect from A, B, and C P203,000

Question 32 1 pts

XB, a loan shark, threatened to sue Arthur if he does not pay his debt to him. Arthur,
afraid of a court action, transferred his car to Jet, as payment of his loan. The dacion
en pago is:

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Voidable

Unenforceable

Void

Valid

Question 33 1 pts

The following are void contracts, except: 

Contracts to prevent a known supporter of a political rival from voting for his candidate for a
valuable consideration

Contracts where the cause is immoral

Absolutely simulated contracts

Contracts with a valid consideration but with unlawful motives

Question 34 1 pts

A appointed B as his agent to sell his condominium for 2,000,000 cash. Pursuant to
the authority given to B, B offered to sell to C at the price of 2,000,000 on July
22,2022. On July 25, 2022, sent B a letter of acceptance of the offer which was
received by B on July 30, 2022. On August 15, 2022, B informed A that C has
accepted the offer. When was the contract accepted?

The contract was perfected on July 22, 2021, since the acceptance by C retroacts to the date
of the offer.

On July 30, 2022, when B received the letter of acceptance

On July 25, 2022, when B sent his letter of acceptance

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On August 15, 2022, when B informed A, the owner of the condominium of that C has
accepted the offer

Question 35 1 pts

Dae and Riri entered a contract of sale where they made it appear that the selling
price is 500,000 instead of the actual selling price of 1,000,000, in order to save
taxes. Which is true?

The parties are bound by the contract of sale for the actual consideration of 1,000,000

The parties are bound by a contract of donation for the 500,000 difference

The parties are not bound at all

The parties are bound by the contract of sale but only for the 500,000 selling price since it is
what’s stated in the contract

Question 36 1 pts

Nico, after consuming 12 bottles of Smirnoff Mule, became so drunk. On his way
home, he met Chino, his old friend. During their short conversation, Nico offered for
sale his Timex watch to Chino for 5,000. Nico accepted the offer. What is the status of
the sale? 

Unenforceable

Valid

Rescissible

Voidable

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Question 37 1 pts

The following must appear in a public document, except: 

Deed of real estate mortgage

Power to administer a property

Sale of a car worth 5,000,000

Renunciation of hereditary rights

Question 38 1 pts

Dioniso, a billionaire told his only son, Packy, that he will leave him all his properties
when he dies. Relying on Dionisio’s promise, Packy sold ½ of his future inheritance to
Jinkxy for 500,000,000 pesos only. Jinkxy agreed. The contract between Packy and
Jinkxy is:

Rescissible

Unenforceable

Void

Voidable

Question 39 1 pts

P, a salesgirl in a flower shop at the Ayala Station of the Metro Rail Transit (MRT)
bought two tokens or tickets, one for her ride to work and another for her ride home.
She got to her flower shop where she usually worked from 8 a.m. to 5 p.m. At about 3
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p.m., while P was attending to her duties at the flower shop, two crews of the MRT
got into a fight near the flower shop, causing injuries to P in the process. Can P sue
the MRT for contractual breach as she was within the MRT premises where she
would shortly take her ride home?

Yes, since she bought a round trip ticket and MRT had a duty while she was at its station to
keep her safe for her return trip

No, since P had no intention to board an MRT train coach when the incident occurred.

No, since the incident took place, not in an MRT train coach, but at the MRT station.

Yes, since she already had a ticket for her ride home and was in the MRTs premises at the
time of the incident.

Question 40 1 pts

The following contracts, except one, are void ab initio. Which is the exception? 

That which is undertaken in fraud of creditors

That whose object did not exist at the time of the transaction

That which contemplates an impossible service

That whose objects is outside the commerce of men

Question 41 1 pts

This principle of contract allows the contracting parties to provide terms, conditions
and stipulations which they may deem convenient provided they are not contrary to
law, morals,  good customs, public order or public policy. 

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Mutuality of contract

Relativity of contract

Obligatory force of contract

Autonomy of contract

Question 42 1 pts

Ash and Besh orally agreed on the following: 

1. the land to be sold has an area of 10,000 sq. meters; 

2. price is P5Million; and
3. Ash shall prepare the deed of sale. 

With fraudulent intent, Ash knowing the inadequacies of Besh with respect to
numbers wrote 1,000 sq. meters instead of 10,000 sq. meters. The sale is

Void

Valid but the instrument may be reformed

Voidable but the contract may be reformed

Valid but the contract may be reformed

Question 43 1 pts

Which of the following stipulations agreed by the contracting parties is valid?

A stipulation exempting hotelkeepers from liability in case of loss of things brought inside the
hotel by the guests

A stipulation allowing the common carrier to exercise a diligence lower than extraordinary
diligence of good father of a family for the transportation of goods provided in writing and
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supported by a consideration

A stipulation prohibiting an audit manager of auditing firm from practicing his accountancy
profession in the whole Philippines for a period of 50 years

A stipulation allowing the common carrier to exercise a diligence lower than extraordinary

Question 44 1 pts

It is a contract whose fulfillment depends upon chance.

Aleatory contract

Contract of adhesion

Reciprocal contract

Unilateral contract

Question 45 1 pts

Which essential element of a contract is absent in quasi-contract and quasi-delict?

Presence of vinculum

None of the above

Presence of prestation

Presence of consent

Question 46 1 pts

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X alleged that Y promised to give X one hectare of land. This is in consideration of

X’s meritorious service to Y. Y pleads in defense that since the promise was not in
writing, it is unenforceable under the Statute of Frauds. Decide.

The promise is unenforceable because it is not in writing.

The Statute of Frauds is applied because A has rendered services already.

The Statute of Frauds is inapplicable here because the promise to give the land is not a sale
of real property.

The Statute of Frauds can apply to partially executed contracts.

Question 47 1 pts

Which of the following is not a right of a holder in due course?

To enforce payment of the instrument for the full amount thereof against all parties liable
thereon

To hold the instrument free from personal defenses available to prior parties among
themselves

To hold the instrument free from defect of title of prior parties

To hold the instrument free from real defenses available to the prior parties among
themselves

Question 48 1 pts

Mae makes a note payable to Pae or bearer and delivers the note to Pae. Pae
indorses the note to Ae, Ae keeps the  note in his drawer but is stolen by Fae who
negotiates the same to Bae by forging Ae’s signature. Bae indorses the  note to Cae,
Cae indorses the note to Hae, a holder in due course. Who among the following can
set up the defense of forgery? 
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Mae

Hae

None of them

Cae

Question 49 1 pts

Which of the following may be raised as defense against any holder?

Want of delivery of an incomplete instrument

Want of insertion of a wrong date

Want of delivery of complete instrument

Want of consideration

Question 50 1 pts

Which of the following is not a real defense?

Want of authority, apparent and real

Fraud in inducement

Incomplete and undelivered instrument

Discharge at or after maturity

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Question 51 1 pts

An instrument is not payable on demand in one of the following cases, which case is
it?

When the instrument is expressed to be payable upon presentation

When the instrument is expressed to be payable at sight

When the instrument is expressed to be payable upon occurrence of an event which is

certain to happen

When no time for payment is expressed

Question 52 1 pts

An instrument payable to bearer may be negotiated through any of the following

means, except:

No delivery is required as long as there is an indorsement whether blank or special

Blank indorsement plus delivery

Mere delivery

Special indorsement plus delivery

Question 53 1 pts

If an instrument conforms to the following:

(1) It must be in writing and signed by the maker or drawer. 

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(2) It must contain an unconditional promise or order to pay a sum certain in money. 

(3) It must be payable on demand or at a fixed or determinable future time, and 

(4) It must be payable to order to order or to bearer, the instrument is a 

Trade bill

Promissory Note

Draft

Bill of Exchange

Check

Question 54 1 pts

X executed a promissory note in favor of Y by way of accommodation. It says: "Pay to

Y or order the amount of Php50,000.00. Signed, X." Y then indorsed the note to Z,
and Z to T. When T sought collection from Y, the latter countered as indorser that
there should have been a presentment first to the maker who dishonors it. Is Y
correct? 

Yes, since as an indorser who is secondarily liable, there must first be presentment for
payment and dishonor by the maker.

No, since the absolute rule is that there is no need for presentment for payment and dishonor
to hold an indorser liable.

Yes, since the secondary liability of Y and Z would only arise after presentment for payment
and dishonor by the maker

No, since Y is the real debtor and thus, there is no need for presentment for payment and
dishonor by the maker.

Question 55 1 pts

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W issued a check in favor of his creditor, Y. It reads: " Pay to Y the amount of Seven
Thousand Hundred Pesos (Php700,000.00). Signed, W". What amount should be
construed as true in such a case?

Php700.00.

Php700,100.00

Php700,000.00.

Php7,000.00.

Question 56 1 pts

Statement No. 1: The offense under B.P. 22 is a continuing offense and may
therefore be prosecuted within the territory where any of the elements have been
committed.

Statement No. 2: Each act of drawing and issuing of a bounced check constitutes a
violation of B.P. 22

First is true, second is false

Both are true

Both are false

Second is true, first is false

Question 57 1 pts

The crime of estafa by issuing a check has the following elements. Which among the
following is not included:

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Postdating or issuance of a check in payment of an obligation contracted at the time the

check was issued

Existence of a contract between the parties

Fraud or deceit in the issuance of a check

Insufficiency of funds to cover the check

Question 58 1 pts

This is constructed to mean an arrangement or understanding with the bank for the
payment of such check.

Funds

Deposit

Liability

Credit

Question 59 1 pts

Statement No. 1: The offense under B.P. 22 is a continuing offense and may
therefore be prosecuted within the territory where any of the elements have been
committed.;

Statement No. 2: Each act of drawing and issuing of a bounced check constitutes a
violation of B.P. 22

Both are true

Both are false Page

Second is true, first is false

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4/30/22, 1:45 PM Quiz: COMLAW

First is true, second is false

Question 60 1 pts

 B borrowed from A P1,000,000 mortgaging in favor of the latter his house and lot.
Said obligation is due on  December 15, 2018. On July 20, 2018, the house was hit
by lightning and was destroyed. In this case:

The obligation of B to A is extinguished because of the loss of the collateral through a

fortuitous event

A can validly demand payment from B on July 20, 2018 unless B gives another collateral of
equal satisfactory

A can validly demand payment from B on July 20, 2018 because the latter loses the right to
make use of the period upon the impairment of the collateral

A cannot collect in July 20, 2018 because in nature of an obligation with a period the debt
can only become demandable upon arrival of the period

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