Prelim exam in BL1 1A

1.A, B and C solidarily owe D and E

P30,000. D remitted the entire obligation in favor of A without the
consent of E. The effect is

a. A cannot recover from B and C because remission in her favor

extends to the benefit of B and C
b. A can recover from B and C their respective share of the debt
c. The obligation is not extinguished until A collects from B and C
d. The obligation is not yet extinguished until E is paid by D
of her share of the credit

2. In quasi-delict, the liability of a person who is held

liable for the fault or negligence of another person who is under his care or
responsibility shall cease if.

a.There was contributory negligence on the part of the person

injured.
b. He was not present at the time of the act, hence it was not
possible to him to prevent the damage.
c.He observed ordinary diligence to prevent the damage.
d. He observed the diligence of a father of a good family.

3. What is the effect of the loss of the prestations in alternative

obligation where the right choice belongs to the creditor and the loss is due
to the fault of the debtor?

First Answer: If only one

remains the obligation still subsists, but it ceases to be alternative as it
becomes a simple obligation.

Second Answer: If two or more

objects remain, the obligation still subsists and the choice is limited to the
remaining objects.

Third Answer: If none

remains, the obligation is extinguished because the debtor chose not to give
anything.

a. All answer are correct .

b.Only one of the answers is correct
c.Only the first and second answers
d.All answers are wrong are correct

4. A, wife of B and daughter of C, while employed in a jewelry store

owner by D embezzled P100,000 belonging to said jewelry store. In order to
prevent her criminal prosecution for estafa, B and C signed a document
obligating themselves jointly and severally to pay the amount embezzled plus
interest. Because of their failure to comply with the promise, D brought an
action against B and C. will the action proper?

a. Yes, both knowingly and voluntarily agreed to assume the

obligation of A
b. No, C should not have been included because A is no longer under
his authority
c. Yes, but only in do far as B is concerned because husband and wife
are required by law to support each other
d. No, it is considered contrary to public policy to allow parties to
make an agreement designed to prevent prosecution for crimes.

5.This obligation is demandable at once

a. With a suspensive condition

b. With a period is diem
C. When my means permit me to do so
d. When it depends on the happening of a specified event

6. The following are conditions which if imposed on an obligation

will be disregarded and will therefore make the obligation immediately
demandable, except:

a.If Lala kills Lele

b.If Lolo commits suicide
c.If Lili passes the CPA board exams
d.If Lulu will not rise from the dead

7. If the law or contract does not state the diligence which is to be

observed in the performance of an obligation, the obligor is expected to
observe.

a. Ordinary diligence
b.Extraordinary diligence
C. Diligence of a father of a good family
d. Utmost care
8. Facultative as distinguished from alternative obligation, except:

a. The right of choice is given only to the debtor

b. Various things are due, but the giving of one is sufficient
c. If one of the prestations is illegal, the others may be valid and
the obligation remains
D. If it is impossible to give all except one, that last one must
still be given

9. I will give you my car or my jeep if you pass the board exam

a. Resolutory
B. Suspensive
c. Facultative
d. Alternative

10. Which of the following is wrong in alternative obligations?

a. The obligor shall completely perform one of the prestation

b. The oblige cannot be compelled to receive part of one and part of
the other undertaking
c. The right of choice belongs to the debtor only
d. The debtor shall have no right to choose those prestations which
are impossible

11.J agreed to pay his debt and in case of non-payment, to render

free service as a servant. Is the obligation valid.

a. No, the obligation to pay and to render service as a servant is

contrary to law and morals
b. Yes, if the services will be rendered in satisfaction of the debt
and in case of non-performance, the proper remedy is specific performance
c. No. the nullity of the condition carries with it the nullity of
the principal obligation
D. Yes, in so far as the obligation to pay but not as regards the
undertaking to render domestic services for free.

12.I will lend you my car till you pass the board exam
a. Resolutory
b. Suspensive
c.Facultative
d. Alternative

13. E, a manufacturer of locks, hired A for 2 years, on the condition

that for 5 years, A should not engage in competitive locks business. After one
year, A left for reasons of health. Shortly afterwards, after regaining his health,
A competed with E, who now seeks to restrain him from such competition, will
the action prosper?

a. No, the restriction is void, because it is an unreasonable

restraint of trade
b.Yes, it is a reasonable restraint, considering that it was only
for 5 years
c. No. the contract of employment for 2 years was not completed
because of a justifiable reason
d. Yes, if E allow A to
complete the 2 years services agreed upon

14. A sold his car to C but before the delivery of the car the same
was destroyed because due to typhoon A was not able to see the truck which was
parked at the side road.

Who is liable?

a. Seller
b.Buyer
c. Both
d. None of the above

15. I will give you my car and if my car is no longer working I will
give you my jeep if you pass the board exam

a. Resolutory
b. Suspensive
c. Facultative
d. Alternative

16. Notice to one is notice to all

a. Joint
b. Solidary
c. Joint debtor
d. Solidary Creditor

17. What kind of fruit is an egg of a chicken

a.Determinate fruit
b. Indeterminate fruit
c. Legal Fruit
d. Natural Fruit

18. What kind of obligation is a racing horse jointly

to be delivered by a, b & c

a. Divisible obligation
b.indivisible obligation
c.joint indivisible obligation
d.Solidary obligation

19. . What kind of fruit are bearing trees planted by a

farmer

a. Accessories Fruit
b.fruit of Accessions
c.Real fruit
d. Industrial fruit

20. Obligation brought about by contracts

a. Obligation with a penal clause

b. Legal obligation
c. Conventional obligation
d. None of the above

21. I will lend you my car and if my car is no longer

working I lend give you my jeep till you pass the board exam

a. Resolutory condition
b.Suspensive condition
c. Facultative condition
d. Alternative condition
22. I will lend you my car if you pass the board exam

a. Resolutory condition
B. Suspensive condition
c. Facultative condition
d.Alternative

23. May collect the entire obligation

a.. Joint
b.Solidary
c. Joint debtor
d. Solidary Creditor

24. I will give you my car or my jeep if you pass the board exam

a. Positive condition
b. Negative condition
c. Facultative
d. Alternative condition

25. It is not a kind of absolute impossibility

a.Physical impossibility
b.Relative impossibility
c.legal impossibility
d. none of the choices

26. Arises from special circumstances

a. Physical condition
B. Absolute condition
c. Relative condition
d. Legal condition

27. By law

a. Obligation with a penal clause

b. Legal Obligation
C. Conventional Obligation
d. None of the choices

28.Cannot be done

a.Physical impossibility
b.Absolute impossibility
C. Relative impossibility
d. Legal impossibility

29. Exist in the mind

a. Qualitative
b. Quantitative
c. Ideal
D. None of the above

30. I. The loss or deterioration of the thing intended as a substitute through the negligence
of the obligor, does not render him liable
II. A person alternatively bound by different prestations shall completely perform one of
them

a. True, true
b.False, true.
c.True, False
d.False, false

31. On January 1, 2014, D and C agreed that D

would deliver to C a specific agricultural land on July 1, 2014. From January 1
to June 30, 2014, D harvested palay from the land worth P20,000.00. D actually
delivered the land to C on September 30, 2014. At the time , crops valued at
P15,000.00 that grew beginning on July 1, 2014 remained unharvested. C had a
personal right against D for the delivery of the thing and its fruits beginning
on:

a. January 1, 2014
b. June 30, 2014
c. July 1, 2014
d. September 30, 2014

32. C acquired a real right over the thing and its fruits on:

a. January 1, 2014
b. June 30, 2014
c. July 1, 2014
d. September 30, 2014

33. The palay harvested from the agricultural land mentioned in the item 13 is an example
of:

a. Industrial fruit
b. Natural fruit
c. Civil fruit
d. It is not fruit

34. D is obliged to deliver his only horse to C on

May 31,2014. C made a demand against D for the delivery of the horse on May 31,
2014. However, D failed to deliver the horse. In view thereof, C consulted you
and ask which of the following remedies are available to him.

I.Compel D
to deliver the horse to him.

II.Get a
horse from another person at D’s expense.

III.Demand
payment of damages from D

Which of the foregoing remedies may be availed of by C?

a. I and III
b. II and III
c. I only
d. II only

35. D is obliged to repair the car C. D failed to

repair the car despite the demands made by C. D wants to know from you which of
the following remedies are available to him:

I.Compel D repair the car.

II.Have the car repaired by another person at D’s expense.

III.Demand payment of damages from D

Which of the foregoing remedies may be availed of by C?

a. I and III
b. II and III
c. I only
d. II only

36. The kind of fraud which renders a contract voidable is:

a. Casual fraud
b. Incidental fraud
c. Fraud in performance
d. Future fraud

37. D was obliged to deliver a specific car to C

on May 31, 2015. On such date, however, D failed to deliver the car. C also did
not make any demand for the delivery of the car.

a. D was in delay when he failed to deliver the car on due date .

b. D was not in delay when he failed to deliver the car on the due date .
c. D would be on delay only if C made a demand for the delivery of the car on or before the
due date.
d. D was in delay whether demand was made or not since time was of the essence of the
contract.

38. D appointed C as his agent to purchase a

parcel of land belonging to X. D promised to give a commission of P10,000.00 to
C if C can present to D the deed of absolute sale signed by X in favor of D on
or before December 31, 2014. The condition of the obligation is:

a. Negative
b. Positive
c. Impossible
d. No condition exists

39. Refer to No. 38 Which of the following statements is incorrect?

a. D’s obligation is extinguished if it is already January 1, 2015 and C has not yet
presented to D the deed of absolute sale duly signed by X.
b. D’s obligation is extinguished on December 5,2014 if X dies on such date without his
having signed the deed of absolute sale
c. D’s obligation is demandable if C presents to D on or before December 31, 2014 the
deed of absolute sale duly signed by X
d. D’s obligation is demandable if it is already January 1, 2015 and C has not yet
presented to D the deed of absolute sale duly signed by X

40. D promised to P20,000.00 to C provided C does not sign a contract with X on or before
December 31, 2014. The condition of the obligation is:

a. Negative
b. Positive
c. Impossible
d. No condition exists

41. Refer to No.38. which of the following statements is incorrect?

a. D’s obligation becomes demandable if it is already January 1, 2015 and C has not yet
signed the contract with X
b. D’s obligation becomes demandable on December 5, 2014 if X dies on such date
without C having signed the contract with X
c. D’s obligation is extinguished if C signs the contract with X on or before December 31,
2014.
d. D’s obligation is extinguished if it is already January 1, 2015 and C has not yet signed
the contract with X

42. D is obliged to give P50,000.00 to C if C tops the CPA Examination and a specific lot if
C can reduce the taxes to be paid by D in D’s tax return by unlawful means.

a. Both conditions must be fulfilled so that C may demand the payment of P50,000.00
and the delivery of the specific lot.
b. C may demand the payment of P50,000.00 if he tops the CPA Examination
c. C may demand the delivery of the specific lot
if he can reduce through unlawful means the taxes to be paid by D
d. C may not demand the payment of P50,000.00 and
the delivery of the specific lot even he fulfills both conditions since the
conditions are indivisible

43. Three of the following are the characteristics of a condition. Which is the exception?

a. It may or may not happen

b. It may refer to the future
c. It merely fixes the time for the efficaciousness of an obligation
d. It may refer to a past event unknown to the parties
44. A, B and C are solidary debtors of X in then amount of P30,000.00. C was insane at
the time the obligation was constituted.

a. X may possibly collect from A the amount of P30,000.00

b. X may possibly collect from A the amount of P20,000.00
c. X may possibly collect from A the amount of P10,000.00
d. X may not be able to collect anything from A since the insanity of C at the time the
obligation was constituted rendered the whole obligation voidable

45. The obligation is not extinguished by the reason of the lost of the thing through a
fortuitous event in three of the following cases. Which is the exception?

a. When the nature of the obligation requires the assumption of risks

b. When the debtor has incurred in delay
c. When the obligation is to give a determinate thing and the parties have not stipulated
whether or not shall be liability in case of fortuitous events.
d. When the debtor has promised to deliver the same thing to two or more persons who
do not have the same interest

46. D owes C P20,000.00 due on June 20. C owes D

P14,000.00 due on June 15. On June 12 , C assigned his right to X. D consented
to such assignment without any reservation of his right to the compensation. On
June 20, X may collect from D:

a. P20,000.00
b. P6,000.00
c. P14,000.00
d. Nothing

47. If there is concurrence of two or more creditors and/or two or more debtors in one and
the same obligation, the obligation is presumed to be:

a. Individual and collective

b. Solidary
c. Joint and several
d. Joint

48. A, B, and C are joint debtor of W, X , Y and Z joint creditors, in the amount of
P24,000.00. In this case, W can demand:

a. P8,000.00 from A, P8,000.00 From B, P8,000.00 from C

b. P24,000.00 from either A, B , and C
c. P2,000.00 from A, P2,000.00 From B, P2,000.00 from C
d. P6,000.00 from either A, B , and C

49. A,B, and C are solidary debtors of X in the amount of P30,000.00. If A is insolvent, How
much may X collect from B?

a. P30,000.00
b. P10,000.00
c. P20,000.00
d. P15,000.00

50. A, B, and C are solidary debtors of X in the amount of P60,000.00. A, however, was a
minor at the time the obligation was constituted. If X sues B, B will liable to X for:

a. P60,000.00
b. P40,000.00
c. P20,000.00
D. P30,000.00