McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .
Chapters
| 51. |
Mr. D owes Mr. Y P10, 000. On the due date, Mr. X offers a check in payment of the obligation. |
| A. | The receipt of the check by Mr. Y extinguishes the obligation if the check is a certified one because it is as good as cash. |
| B. | The receipt is not equivalent to automatic payment if the check is not a certified check. |
| C. | Mr. Y has no reason to refuse the check if it’s fully funded as certified to by the bank. |
| D. | Mr. Y cannot be compelled to accept the check. |
| Answer» D. Mr. Y cannot be compelled to accept the check. | |
| 52. |
Where the debtor has various debts of the same kind in favor of the same creditor and on the due date the debtor does not have sufficient funds to cover all the debts, the debtor may avail of |
| A. | tender of payment and consignation. |
| B. | application of payment. |
| C. | dation in payment. |
| D. | cession in payment. |
| Answer» B. application of payment. | |
| 53. |
When the characters of the creditor and debtor are merged in one and the same person, there is extinguishment of the obligation by, |
| A. | confusion |
| B. | compensation |
| C. | novation |
| D. | condonation or remission |
| Answer» A. confusion | |
| 54. |
When there is a change in the object or principal conditions, an obligation is extinguished by |
| A. | confusion |
| B. | compensation |
| C. | novation |
| D. | condonation or remission |
| Answer» A. confusion | |
| 55. |
It is that currency which the debtor can compel the creditor to accept in payment of all debts, public or private. |
| A. | certified checks. |
| B. | domestic money in any denomination. |
| C. | legal treasury notes. |
| D. | legal tender. |
| Answer» D. legal tender. | |
| 56. |
The extinguishment of an obligation by the passage of time is |
| A. | fulfillment of a resolutory condition. |
| B. | prescription. |
| C. | expiration. |
| D. | annulment. |
| Answer» B. prescription. | |
| 57. |
Mr. Debtor is domiciled in Quezon City while Mr. Creditor is domiciled in Manila. Payment is to be made in |
| A. | Quezon City, domicile of Mr. Debtor. |
| B. | Manila, domicile of Mr. Creditor. |
| C. | Makati City if so stipulat |
| Answer» A. Quezon City, domicile of Mr. Debtor. | |
| 58. |
Mr. Debtor owes Mr. Creditor as follows: P10, 000 due February 5; P10, 000 due March 5 and P10, 000 due April 5, all during the current year. Mr. Debtor has only P10, 000 and cannot pay all his obligations. If Mr. Debtor decides to pay P10, 000, the amount shall apply: |
| A. | To the debt chosen by Mr. Creditor. |
| B. | To the debt chosen by Mr. Debtor. |
| C. | To the debt due on February 5 being the oldest debt. |
| D. | To the debt due on April 5 if it is an interesting obligation. |
| Answer» B. To the debt chosen by Mr. Debtor. | |
| 59. |
Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors, |
| A. | The creditors acquire ownership of the properties assigned or ceded. |
| B. | The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness. |
| C. | The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale. |
| D. | The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned. |
| Answer» C. The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale. | |
| 60. |
Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept the check. |
| A. | Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor. |
| B. | Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case. |
| C. | Mr. Debtor has no legal basis for making a consignation. |
| D. | The creditor may be considered in mora accipiendi. |
| Answer» C. Mr. Debtor has no legal basis for making a consignation. | |
| 61. |
As a general rule, consignation must be preceded by a valid tender of payment. Enumerated below however, are situations which allows a consignation without a prior tender of payment. Which is the exception? |
| A. | When for any cause, the creditor refuses to give a receipt. |
| B. | When the creditor is absent or unknown, or does not appear at the place of payment. |
| C. | When two or more persons claim the same right to collect. |
| D. | When the title to the obligation has been lost. |
| Answer» A. When for any cause, the creditor refuses to give a receipt. | |
| 62. |
Which among the following fails to state a correct legal principle? |
| A. | The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor. |
| B. | Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary. |
| C. | An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor. |
| D. | Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. |
| Answer» C. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor. | |
| 63. |
Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct? |
| A. | If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument. |
| B. | If the debt is condoned by Mr. Creditor, the pledge is not condoned. |
| C. | If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the loan are deemed extinguish |
| Answer» A. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument. | |
| 64. |
For compensation to be proper, the following must be complied with. Which is the exception? |
| A. | Both debts consist in a sum of money or of the same kind. |
| B. | Both debts are due. |
| C. | Both debts be liquidated and demandable. |
| D. | Both parties are insolvent. |
| Answer» D. Both parties are insolvent. | |
| 65. |
It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor. |
| A. | accion subrogatoria |
| B. | novation |
| C. | accion pauliano |
| D. | none of the above |
| Answer» B. novation | |
| 66. |
Which among the following is not an essential element of an obligation? |
| A. | Active and passive subjects. |
| B. | Form of the obligation |
| C. | Prestation |
| D. | Juridical tie |
| Answer» B. Form of the obligation | |
| 67. |
Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million. |
| A. | The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the passive subject and the juridical tie is the contract. |
| B. | The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car. |
| C. | The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law. |
| D. | The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the prestation is the delivery of the car and the juridical tie is the contract. |
| Answer» B. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car. | |
| 68. |
When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of |
| A. | culpa criminal |
| B. | culpa extra contractual |
| C. | culpa contractual |
| D. | culpa aquiliana |
| Answer» C. culpa contractual | |
| 69. |
No. 1 - the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 - When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant’s liability is a quasi-contract. |
| A. | Both statements are false. |
| B. | Both statements are true. |
| C. | Only No. 1 is true. |
| D. | Only No. 2 is true. |
| Answer» D. Only No. 2 is true. | |
| 70. |
They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another. |
| A. | Quasi-delicts |
| B. | Quasi-contracts |
| C. | Culpa contractual |
| D. | None of the above |
| Answer» D. None of the above | |
| 71. |
The quasi-contract of negotiorum gestio requires the following. Which is the exception? |
| A. | There must be an abandoned or neglected property or business. |
| B. | Someone voluntary takes charge of that abandoned business or property. |
| C. | The owner must consent to the management of his business or property by someone. |
| D. | The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property. |
| Answer» C. The owner must consent to the management of his business or property by someone. | |
| 72. |
Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from |
| A. | law |
| B. | contracts |
| C. | moral obligations |
| D. | solutio indebiti |
| Answer» D. solutio indebiti | |
| 73. |
Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on, Marita discovers the misrepresentation, Marita may: |
| A. | sue for damages alone because of dolo causante. |
| B. | sue for rescission. |
| C. | for annulment because of dolo incidente. |
| D. | for annulment because of dolo causante. |
| Answer» B. sue for rescission. | |
| 74. |
Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt. |
| A. | Pedro is in default. |
| B. | Pedro is not in default. |
| C. | Pedro is liable for interest. |
| D. | Pedro is liable for damages. |
| Answer» B. Pedro is not in default. | |
| 75. |
A debt has a maturity date of November 1, 2004. Payment was made on November 1, 2005 but demand was made on June 1, 2005. If the debtor is made liable for interest, the interest shall commence to run on |
| A. | November 1, 2004. |
| B. | June 1, 2005. |
| C. | The date the obligation was incurr |
| Answer» B. June 1, 2005. | |
| 76. |
Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard? |
| A. | Jose has no right. |
| B. | Jose has a personal right. |
| C. | Jose has a real right. |
| D. | Jose has both a personal and a real right. |
| Answer» A. Jose has no right. | |
| 77. |
No. 1 - If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 - If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation. |
| A. | Both are true. |
| B. | Only No. 1 is true. |
| C. | Both are false. |
| D. | Only No. 2 is true. |
| Answer» C. Both are false. | |
| 78. |
Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and payment. The obligation of Mr. Robles as seller is: |
| A. | to deliver when Mr. Roxas is ready to pay. |
| B. | to deliver the car immediately because there is already a perfected contract. |
| C. | to have the contract rescinded because no date is fixed for performance. |
| D. | to deliver the car immediately because his obligation is pure. |
| Answer» A. to deliver when Mr. Roxas is ready to pay. | |
| 79. |
In order that fraud may make a contract void able: |
| A. | It may be incidental but both parties should not be in pari delicto. |
| B. | It may be serious and the parties must be in pari delicio. |
| C. | It may be incidental but should have been employed by both parties. |
| D. | It should be serious and should have not have been employed by both contracting parties. |
| Answer» D. It should be serious and should have not have been employed by both contracting parties. | |
| 80. |
Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct? |
| A. | Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete. |
| B. | Eusebio can be compelled to accept the payment being offered if the interest will be reduced. |
| C. | Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv |
| Answer» C. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv | |
| 81. |
Which of the following statements is correct? |
| A. | Negligence signifies the idea of delay in the fulfillment of an obligation. |
| B. | Delay or default means the failure to perform the obligation on the date agreed upon by the parties. |
| C. | Incidental fraud is one committed in the performance of an obligation. |
| D. | Proper diligence of a good father of a family means extra-ordinary diligence. |
| Answer» C. Incidental fraud is one committed in the performance of an obligation. | |
| 82. |
Which of the period in the following cases is intended for the benefit of the debtor? |
| A. | Payable on December 31, 2006 |
| B. | Payable before December 31, 2006 |
| C. | Payable on or before December 31, 2006 |
| D. | All of the above |
| Answer» B. Payable before December 31, 2006 | |
| 83. |
While Mr. P was walking along a busy street, he slumped and suffered from symptoms of a heart attack, and lost consciousness. Mr. D, a heart specialist saw what happened and through his expertise saved the life of Mr. P. If sued for Mr. D’s services. |
| A. | Mr. P must pay on the basis of an implied contractual relationship. |
| B. | Mr. P must pay under a quasi-contract. |
| C. | Mr. P has no obligation to pay because he did not ask for Mr. D’s services. |
| D. | Mr. P has no obligation to pay because the services of Mr. D can be construed as a voluntary act and hence, a donation. |
| Answer» B. Mr. P must pay under a quasi-contract. | |
| 84. |
S and B entered into a sale of a four-hectare land for P1 million. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B'’ failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. The remedy of B upon discovery of the fraud is, |
| A. | Annulment |
| B. | Reformation of the contract |
| C. | Rescission |
| D. | Answer not given |
| Answer» D. Answer not given | |
| 85. |
Which of the following statements is incorrect? |
| A. | The full payment of the price is sufficient to make the buyer the owner of the thing sold. |
| B. | In a sale, the full payment of the price is a suspensive condition for the seller to deliver. |
| C. | Delivery of the thing sold is necessary to transfer ownership. |
| D. | Delivery in a real contract is required not for transfer of ownership but for the perfection of the contract. |
| Answer» A. The full payment of the price is sufficient to make the buyer the owner of the thing sold. | |
| 86. |
On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable? |
| A. | No, because he could plead impossibility of performance due to a fortuitous event even if he is in default. |
| B. | Yes, because Jose Dizon is in legal delay. |
| C. | No, because there was no demand and the car was lost through a fortuitous event. |
| D. | Yes, because there is a perfected contract. |
| Answer» C. No, because there was no demand and the car was lost through a fortuitous event. | |
| 87. |
Seller wrote a letter to Buyer offering to sell a piece of land for P500,000. Seller gave Buyer two months to decide and pay the purchase price. Before the lapse of two months, Seller wrote Buyer that the price is now P700,000. Buyer insisted on an acceptance for P500,000. He wants to compel Seller to execute a deed of sale for the original offer of P500,000. May the Seller be compelled to honor the P500,000 offer? |
| A. | No, because Buyer did not accept the original offer. |
| B. | Yes, because two months have not yet elapsed. |
| C. | Yes, because Seller is estoppel by his original letter. |
| D. | Yes, because there was a meeting of the minds. |
| Answer» A. No, because Buyer did not accept the original offer. | |
| 88. |
Santos owes Maria P5 million. The debt is secured by a mortgaged on the house of Santos.
|
| A. | Both are correct. |
| B. | No. 1 is correct; No. 2 is wrong. |
| C. | No. 1 is wrong; No. 2 is correct. |
| D. | Both are wrong. |
| Answer» A. Both are correct. | |
| 89. |
Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period. |
| A. | Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price. |
| B. | Before the lapse of sixty days no withdrawal can be made but the price may be increased. |
| C. | No withdrawal can be made before sixty days because the period is binding. |
| D. | No withdrawal can be made because there is already a perfected option contract. |
| Answer» A. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price. | |
| 90. |
Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific.
|
| A. | Both Nos. are true. |
| B. | No. 1 is false; No. 2 is true. |
| C. | Both Nos. are false. |
| D. | No. 2 is true; No. 1 is false. |
| Answer» A. Both Nos. are true. | |
| 91. |
In case of losses, the industrial partner shall, |
| A. | Share in the losses in any event. |
| B. | Shall share in the losses only if there is a stipulation. |
| C. | Shall not share in the losses even if he contributes capital. |
| D. | Shall not share in the losses except if he contributes capital also. |
| Answer» D. Shall not share in the losses except if he contributes capital also. | |
| 92. |
Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange commission. Failure to comply with this requirement; |
| A. | Renders the contract of partnership void. |
| B. | Renders the contract of partnership unenforceable. |
| C. | Affects the liability of the partnership to third persons and the partnership has no legal personality. |
| D. | Does not affect the liability of the partnership to third persons and the partnership still has a legal personality. |
| Answer» D. Does not affect the liability of the partnership to third persons and the partnership still has a legal personality. | |
| 93. |
A and B are partners in A & B Partnership. A owns two parcels of land which he contributed to the partnership. B owns six trucks which he contributed to the partnership. The profits of the land and the trucks were also included as contributions. The properties contributed are all what A and B own. The partnership is: |
| A. | Universal |
| B. | Universal partnership of all present property |
| C. | Universal partnership of all profits |
| D. | Particular partnership |
| Answer» B. Universal partnership of all present property | |
| 94. |
X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling P5 million. The total partnership assets is P3 million. Who among the partners shall be liable with their separate property in favor of creditors? |
| A. | X and Z for P1.5 million each because they are general partners |
| B. | X, Y and Z for P1 million each |
| C. | X, Y, and Z depending upon their capital contribution. |
| D. | none |
| Answer» C. X, Y, and Z depending upon their capital contribution. | |
| 95. |
Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles? |
| A. | Mr. P may initiate a criminal action against Allied Bus Lines. |
| B. | Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. |
| C. | Mr. P may initiate a criminal action only against the driver of the bus. |
| D. | Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus. |
| Answer» D. Mr. P may initiate a civil action for damages on a quasi-delict theory against the driver of the bus. | |
| 96. |
Which of the following is correct? |
| A. | The debtor always loses the right to make use of the period whenever he becomes insolvent. |
| B. | The right to rescind a contract in a reciprocal obligation must always be stipulated, |
| C. | In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill |
| Answer» C. In a contract to sell, the seller retains ownership of the thing sold until the condition of full payment is fulfill | |
| 97. |
Which of the following is correct? |
| A. | A rescissible contract arises whenever the debtor defrauds the debtor. |
| B. | Fraud is always a ground for annulment of a contract. |
| C. | In a pledge, the thing pledged may be in the custody of a third person. |
| D. | Services may be the object of a contract of sale. |
| Answer» C. In a pledge, the thing pledged may be in the custody of a third person. | |
| 98. |
Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles? |
| A. | Mr. P may initiate a criminal action against Allied Bus Lines. |
| B. | Mr. P may initiate a civil action against Allied Bus Lines based on a breach of contract theory only. |
| C. | Mr. P may initiate a criminal action only against the driver of the bus. |
| D. | Mr. P may initiate civil action for damages on a quasi-delict theory against the driver of the bus. |
| Answer» C. Mr. P may initiate a criminal action only against the driver of the bus. | |
| 99. |
What is the legal concept of possession? |
| A. | The holding of a thing or the enjoyment of a right |
| B. | It is material occupation or by the fact that the right or property is subjected to the will of the claimant |
| C. | The gathering of the products and the act of planting on the land |
| D. | All of the above |
| Answer» D. All of the above | |
| 100. |
Can it be argued that the Martial Law has the effect of tolling the prescriptive period for the annulment of avoidable contract? |
| A. | Yes, it has the effect of a force majeure, as such it suspends the running of the prescriptive period |
| B. | No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period |
| C. | Yes, as long as the calling of the same was valid and constitutional |
| D. | None of the above |
| Answer» B. No, it cannot be argued that Martial Law has the effect of a force majeure which in turn works to suspend the running of the prescriptive period | |
Done Studing? Take A Test.
Great job completing your study session! Now it's time to put your knowledge to the test. Challenge yourself, see how much you've learned, and identify areas for improvement. Don’t worry, this is all part of the journey to mastery. Ready for the next step? Take a quiz to solidify what you've just studied.