1. Non-compliance with this kind of obligation gives a right of action to compel
performance.
C a. Natural Obligations
b. Moral Obligations
c. Civil Obligations
d. All of the choices
2. Fluffy Iglesias is indebted to Marisol for P100,000. The debt became due and no
payment was made by Fluffy...
non compliance with this kind of obligation gives a right of action to compel performance
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RESA B43 RFBT FINAL PB EXAM -
QUESTIONS & ANSWERS
INSTRUCTIONS: Select the correct answer for each of the questions. Mark only one
answer for each item by shading the box corresponding to the letter of your choice on
the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 2 only.
1. Non-compliance with this kind of obligation gives a right of action to compel
performance.
C a. Natural Obligations
b. Moral Obligations
c. Civil Obligations
d. All of the choices
2. Fluffy Iglesias is indebted to Marisol for P100,000. The debt became due and no
payment was made by Fluffy. Eventually, the right of action prescribed before Marisol
can initiate any court proceedings to compel performance. However, out of his own
conscience, Fluffy eventually paid the P100,000. In this case,
C a. Fluffy can ask for the return of the P100,000 since the debt already
prescribed.
b. Fluffy can ask for the return of the P100,000 on the ground of solutio
indebiti.
c. Fluffy cannot ask for the return of the P100,000 since Marisol has
the right to retain payment.
d. Fluffy cannot ask for the return of the P100,000 since ownership
passes upon delivery of the same.
3. When the debtor binds himself to pay when his means permit him to do so, the
obligation is deemed:
C a. Subject to a suspensive condition
b. Subject to a resolutory condition
c. One with a suspensive term
d. One with a resolutory term
4. Mark, while driving recklessly the cab of his employer, hit a Meralco post and
caused serious physical injuries to Mary, the passenger. Mary can sue Mark and make
him liable under:
I. Contract
II. Quasi-Contract
III. Delict
IV. Quasi-Delict
C a. All
b. All except III
c. III and IV only
d. I and IV only
5. First Statement: If an employer is sued for vicarious liability under quasi-delict,
he can validly raise the defense of diligence in the selection and supervision of
the employee.
Second Statement: If an employer is made subsidiarily liable on the criminal action
against his employee, he can validly raise the defense of diligence in the selection
and supervision of the employee.
C a. Both statements are true
b. Both statements are false
c. Only the first statement is true
d. Only the second statement is true
6. W, X, Y, Z are solidarily indebted to C for P40,000. When C demanded payment from
W, the latter raised the following defenses: X is a minor, Y’s share was already
condoned and that Z is insolvent. How much is W required to pay C?
C a. P40,000
b. P30,000
c. P20,000
d. P10,000
7. Which of the following is false regarding a facultative obligation?
B a. The right to substitute is with the debtor
b. The right to substitute can be expressly granted to the creditor
c. If the principal prestation is lost due to fortuitous events,
, 8. D promised to deliver to C his car worth P250,000, his laptop worth P80,000 or his
diamond ring worth P40,000. All the objects were lost in the order they were
mentioned through the fault of D. Which of the following is correct?
C a. D is liable for P250,000, the value of the car
b. D is liable for P80,000, the value of the laptop
c. D is liable for P40,000, the value of the ring
d. D is liable for the value of whatever C chooses
9. Ms. Lessee rented an apartment unit from Mr. Lessor. They agreed that Ms. Lessee
would pay for a one-month deposit and one-month advance and would shoulder all
utility costs during the length of her possession. Ms. Lessee, without notice, left
the apartment unit and never returned, leaving an unpaid electric bill of P4,800.
From whom can the electric company collect?
B a. Ms. Lessee, because they stipulated in the contract that the Lessee
is liable to pay the utility bills
b. Mr. Lessor, because there was no valid substitution in the person of
the debtor
c. Ms. Lessee and Mr. Lessor, equally
d. Neither Ms. Lessee nor Mr. Lessor
10. Compensation is not proper in all of the following cases, except:
B a. Deposit on the part of the depositary
b. Bail as to the bailor
c. Support as to the one obliged to give support
d. Civil liability arising from a penal offense
11. Which of the following can validly give consent to a contract:
D a. Insane persons
b. Demented persons
c. Minors
d. Deaf-mutes
12. The following contracts are unenforceable if not in writing, except
C a. Sale of land worth P499
b. Sale of personal property for at least P500
c. Lease of a car with a term of more than 1 year
d. Contract for a piece of work not to be performed within a year
13. An action for annulment of a sale of registered land on the ground of fraud would
prescribe in 4 years from:
C a. Date of sale
b. Discovery thereof
c. Registration of the sale
d. Delivery
14. Juan obliged himself to deliver one of his five cars to Pedro, it was not specified
which car. In this case,
C a. The contract would be interpreted following the least transmission
of rights
b. The contract would be interpreted following the greatest reciprocity
of interests
c. The contract is void
d. They would need to undergo reformation to clarify which car.
15. Which of the following is false with regards the person who can institute annulment
of a contract?
B a. Only the incapacitated or injured party or his guardian can ask for
annulment.
b. Creditors of the incapacitated party can ask for the annulment of the
contract entered into by their incapacitated debtor
c. Those who are capacitated cannot allege the incapacity of the other
contracting party
d. None of the choices is false
16. To defraud his creditors, S sold his land to B. B now seeks to register the land
to which C, a creditor of S, objected on the ground that the sale is rescissible
for being entered into to defraud S’s creditors. Can B register the land?
B a. No, because the contract of sale is rescissible
b. Yes, because the contract of sale has not been rescinded yet
c. No, because the contract of sale was in fraud of creditors
d. Yes, because the contract of sale is valid and its validity cannot
be attacked collaterally in a land registration proceeding
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