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130+ Review 2 Solved MCQs

in Philippines Civil Law Society

These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Uncategorized topics .

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101.	Which is not an element of Novation?
A.	The new obligation is laid down in unequivocal terms
B.	The new and the old obligations must be on every point incompatible with the other
C.	Each of the obligations must have its independent existence
D.	If they are compatible, the new obligation novates the first
Answer» D. If they are compatible, the new obligation novates the first

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102.	Nik sold to Paul a real property payable in monthly installments within a 5 year period, Paul was only able to pay 14 monthly installments, after the 60 day grace period and after 30 days of Paul’s receipt of the notice and letter calling for the rescission of the contract Nik rescinded the same. Paul contended that there was an automatic rescission done by Nik, hence, the same was void. Give the best answer.
A.	The rescission done by Nik was in faithful compliance with the Maceda Law, as the grace period and the sending of notices was complied before rescission
B.	The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.
C.	Paul has a right to demand payment for damages caused by the automatic rescission done by Nik, the same being void under RA6552
D.	Answer not given
Answer» B. The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.

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103.	Under a contract of guaranty, may the benefit of excussion be waived?
A.	Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy
B.	No, the benefit of excussion cannot be waived; it is expressly provided that the creditor must first exhaust all the properties of the debtor. The benefit of excussion serves to protect the guarantor from unscrupulous debtors
C.	Yes, the benefit of excussion may be waived provided the person owning such benefit, has sufficient properties to cover the debt
D.	No, it may not be waived by reason of public policy and commercial convenience
Answer» A. Yes, a person may waive the benefit of excussion especially when the contract states that his liability shall be direct and immediate without any need to take steps to exhaust legal remedy

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104.	May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor?
A.	Yes, after the mortgagee-creditor had foreclosed the assets of the mortgagor-debtor, the labor liability claims are deemed transferred to the latter.
B.	No, the responsibility for the liabilities by the mortgagor towards his employees cannot be transferred via an auction sale to a purchaser who is also the mortgagee-creditor of the foreclosed assets.
C.	No, the mortgage constitutes a lien on the determinative properties of the employer-debtor, because it is specially preferred credit to which worker’s monetary claims is deemed subordinate
D.	“B’ and “C” only
Answer» D. “B’ and “C” only

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105.	Which of the following is not a form of an equitable mortgage?
A.	The consideration has been proven to be unusually inadequate
B.	The supposed vendor has remained in the possession of the property even after the execution of the instrument
C.	The alleged seller has continued to pay the estate taxes on the property
D.	The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them
Answer» D. The alleged seller has planted crops and other agricultural products on the property under an agricultural leasing contract between them

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106.	Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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107.	A court is empowered to ignore an unreasonable contract for attorney’s compensation although it is not shown to be contrary to morality or public policy.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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108.	A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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109.	A contract is binding between the parties notwithstanding the absence of a law that governs it, as long as it is not contrary to morals, good customs, public policy, or public order.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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110.	An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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111.	The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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112.	The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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113.	The rule that once a criminal action is filed the civil action is suspended is absolute.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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114.	When “A” promises to deliver to “B” one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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115.	When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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116.	The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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117.	In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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118.	There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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119.	A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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120.	A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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121.	The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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122.	The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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123.	The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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124.	An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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125.	An obligation where the period of payment is subject to the will of the debtor or obligor is void.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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126.	The court can fix the period when the obligation is subject to the sole will of the debtor.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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127.	An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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128.	If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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129.	The court may fix the period of payment when the duration depends upon the will of the debtor like in: “When my means permit me to do so”, or “as soon as possible”, or “as soon as I have money”
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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130.	A debtor shall lose every right to make use of the period when he attempts to abscond.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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131.	In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.
A.	True
B.	False
C.	None of the above
D.	all
Answer» A. True

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132.	When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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133.	A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.
A.	True
B.	False
C.	None of the above
D.	all
Answer» B. False

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130+ Review 2 Solved MCQs

Which is not an element of Novation?

Under a contract of guaranty, may the benefit of excussion be waived?

May a mortgagor’s liability on labor claims be transferred to the mortgagee-creditor?

Which of the following is not a form of an equitable mortgage?

Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive.

A court is empowered to ignore an unreasonable contract for attorney’s compensation although it is not shown to be contrary to morality or public policy.

A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations.

A contract is binding between the parties notwithstanding the absence of a law that governs it, as long as it is not contrary to morals, good customs, public policy, or public order.

An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.

The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone.

The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.

The rule that once a criminal action is filed the civil action is suspended is absolute.

When “A” promises to deliver to “B” one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.

When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.

The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.

There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.

A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.

The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.

The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.

The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.

An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.

An obligation where the period of payment is subject to the will of the debtor or obligor is void.

The court can fix the period when the obligation is subject to the sole will of the debtor.

An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.

If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.

The court may fix the period of payment when the duration depends upon the will of the debtor like in: “When my means permit me to do so”, or “as soon as possible”, or “as soon as I have money”

A debtor shall lose every right to make use of the period when he attempts to abscond.

In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.

When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.

A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.