Civil Law Review 2 Prelims Questions and Possible Answers

1) Reformation of contacts is not available in the following cases, except:

a) Simple donations inter vivos

b) Wills

c) Contract of sale with right of repurchase

d) Simulated contracts

2) The debtor can never be in delay in an

a) Obligation to give a generic thing

b) Obligation to do

c) Obligation not to do

d) Obligation subject to a resolutory condition

3) A husband whose marriage to his wife has been governed by their oral agreement for a
regime of separation of property since their wedding on 23 February 1986

a) Cannot compel the wife to reduce their agreement in writing because the same is void

b) Cannot compel the wife to reduce their agreement in writing because the same is
unenforceable

c) Can compel the wife to reduce their agreement in writing because the same is no
longer covered by the Statute of Frauds

d) Can compel the wife to reduce their agreement into writing because the same is both
valid and enforeceable

4) The subsequent negotiation and delivery to Gabriel of a promissory note in the

amount of P5,000.00 made payable to bearer and signed by Daniel, Efren, Fred and
Gabriel will result in:

a) The extinguishment of the entire obligation due to compensation

b) The extinguishment of the entire obligation due to confusion

c) The partial extinguishment of the obligation to the extent of P1,250.00 by reason

of confusion

d) The partial extinguishment of the obligation to the extent of P1,250.00 by reason of

compensation

5) An obligation that will arise upon the death of a person is one that is subject to a:

a) Suspensive period
 b) Suspensive condition

c) Resolutory period

d) Resolutory condition

6) The remedy of specific performance denies a party of the right to avail of the
following except:

a) Rescission under Article 1191

b) Reformataion of instrument

c) Damages

d) Annulment

7) The condition which requires A to pass the bar examinations is:

a) Purely potestative

b) Casual

c) Mixed

d) Impossible

8) The following will be recognized and given effect in the Philippines except:

a) A stipulation for the payment of a purchase in US dollars

b) A divorce obtained by a former Filipino citizen

c) A marriage celebrated abroad with the use of proxies

d) A joint will enacted in a foreign country where it is valid

9) Interests paid on a loan despite the absence of an express stipulation in writing for its
payment may be recovered on the basis of:

a) Solution indebiti

b) Negotiorum gestio

c) Res ipsa loquitur

d) Emptio rei

10)The following may be ratified except

a) Voidable contracts

b) Unenforceable contracts
 c) Rescissible contracts

d) Void contracts

11)X is a passenger on a bus driven by B. The bus is owned by C. B was driving recklessly
and hit the car driven by B. A criminal action for reckless imprudence is brought by D
against B. Which of the previously filed civil cases will be suspended pending the final
resolution of the criminal case filed by D against B?

a) The civil case filed by X against C for breach of contract

b) The civil case for damages arising from the criminal negligence filed by D against B

c) The civil case for damages filed by D against B for the damage to his vehicle under
Article 2176

d) The civil case for damages filed by X against B, also under Article 2176

12)Q was found guilty of stealing R’s gold watch. He was allowed to avail of probation but
was ordered to return the watch to R. To comply with the order, Q went to R to return
the watch but the latter refused to accept the same. While on his way home from R’s
house, Q was accosted by criminals who took the watch from him. As a consequence of
this event,

a) Q is released from his obligation since the loss of the watch is due to a fortuitous
event

b) Q is released from his obligation since R refused to accept the watch without any
just reason

c) Q is not released from his obligation since the latter arose from the commission of a
crime and the loss of the thing due for whatever cause does not release him

d) Q is not released from his obligation since the thing to be delivered is generic in
nature and genus never perishes

13)Katy Perry announced that she was not going to do concert “Katy Perry, Live in
Manila” anymore. Which of the following remedies available to the concert producer?

a) Specific performance

b) Substitute performance

c) Damages

d) Rescission under Article 1381

14)A, B,C and D are solidary debtors. A paid the entire obligation amounting to P120.00 to
their creditor. How much can A collect from B as reimbursement if D is insolvent?

a) P40.00 because the obligation of B, C and D to reimburse him is joint

 b) P30.00 because as among themselves, all four are jointly liable for the total obligation
and in joint obligation there is no mutual guaranty existing among the joint debtors

c) P40.00 because B must not only pay his share but he must also proportionately
bear the liability pertaining to D, the insolvent co-debtor

d) P120.00 because each of one of the solidary debtors may be made liable for the entire
obligation

15)Miguel is indebted to Juan in the amount of P80,000. Miguel offered to give Juan his
Omega gold watch worth P60,000.00 by way of dacion en pago. Miguel agreed and
accepted the watch. After delivering the watch to Juan, Miguel’s debt will be:

a) P80,000.00 still

b) Reduced to 60,000.00

c) Reduced to P20,000.00

d) Completely extinguished

16)Martin agreed to mortgage his land to Katrina. However, they ended up signing a
contract of sale with right of repurchase over the property. Martin should:

a) Ask for the annulment of thecontract of sale

b) Ask for reformation of the instrument between them

c) Insist that the contract of sale was relatively simulated and not binding upon them

d) Assail the contract as void as there was already obviously no meeting of the minds
between the parties

17)Debtors A, B, and C owe creditors D, E, and F the amount of P45,000.00. How much
can D collect from A?

a) P45,000.00

b) P15,000.00

c) P9,000.00

d) P5,000.00

18)The maker of a promissory note who undertook to pay the amount due not later than
12nn of 23 January 2012, Sunday will be in delay

a) At 12:01 pm of Jan. 22, 2012

b) On Jan. 24, 2012

c) Upon extrajudicial demand

 d) Upon judicial demand

19)An obligation guaranteed by A, and evidenced by a promissory note signed by x, y and

z which says: “I promise to deliver a champion racehorse to C” must be demanded
from

a) X, Y and Z simultaneously

b) Anyone of X, Y and Z

c) A alone

d) X,Y,Z and A

20)The remedy of accion pauliana is available to:

a) An unpaid creditor

b) A secured creditor

c) A judgement creditor

d) An unsecured creditor

21)The consent of the debtor is not required in all of the following except:

a) Payment of his indebtedness by his sworn enemy

b) Assignment by the creditor of the credit against the debtor

c) Novation of the indebtedness through subrogation

d) Compensation

22)A passenger who alighted from a bus and who is run over by the same bus a few blocks
from where he got off may hold the bus company directly liable for the damages
suffered on the basis of:

a) Breach of Contract

b) Quasi-delict

c) Criminal act or reckless imprudence

d) Quasi-Contract

23)An obligation subject to a purely potestative condition is:

a) Always void

b) Void if it is dependent on the debtor’s will without regard to the nature of the
obligation
 c) Void if it is dependent on the debtor’s will and the condition is resolutory in nature

d) Void if it is dependent on the debtor’s will and the condition is suspensive

condition

24)The oral sale of Taal Volcano to Korean nationals is:

a) Rescissible since the sale is not authorized by the Philippine Government

b) Unenforceable for failure to comply with the Statute of Frauds

c) Void for having an illegal object

d) Valid provided the buyers become Filipino citizens

25)A minor who bought a sachet of cocaine from a drug dealer

a) May only demand the return if his money but not the delivery of the drugs

b) May only demand the delivery of the drugs but not the return of his money

c) May bring an action to annul the sale on account of his minority

d) Is not given any remedy under the law under the pari delicto rule

26)An obligation whereby a person promises to deliver a car to the other person if their
common friend gets waylaid and killed by the criminals is:

a) Void for having an illegal object

b) Void for being subject to an illegal condition

c) Valid as an obligation subject to a suspensive period

d) Valid as an obligation subject to a suspensive condition

27)The following are valid but unenforceable except:

a) Oral contract of sale of real property

b) Oral partition of real property

c) Oral contract of lease or real property for more than one year

d) Oral contract entered into by a person in the name of another who does not know him

28)An ante-nuptial agreement where it is stipulated that the spouses will be governed by
the conjugal partnership of gains during the first ten years of their marriage and by
absolute community of property of the remainder is null and void for being contrary to

a) Public Policy

b) Law
 c) Morals

d) Good Customs

29)An action to set aside an absolutely simulated contract entered into by a debtor with
another to defraud his creditor

a) Prescribes in four years from the time the contract us entered into

b) Prescribes in four years from the time the existence of the contract comes to the
knowledge of the creditor

c) Prescribes in ten years

d) Is not subject to prescription

30)A creditor owed by a husband in the course of his business cannot refuse to accept the
following payments except:

a) Payment made by a guarantor

b) Payment made by the owner of the property given in mortgage to secure the
obligation

c) Payment made by the debtor’s wife

d) Yung 4th choice siguro… tatlo lang yung nakita ko eh… hahaha!!!!

31)The promissory note signed by Alex, Bea and Candy which states: “I promise to pay
Ten Thousand Pesos” to Diana, Elena and Fiona gives rise to:

a) Active solidarity only

b) Passive solidarity only

c) Mixed solidarity

d) None of the above because it gives rise to joint liability

32)The same promissory note described in the preceding number will allow payees to do
the following except:

a) Assign their right in the obligation without the consent of the others

b) Demand for the payment of the entire obligation without the participation of the
other payees

c) Make the makers answerable for the insolvency of any one of them

d) Demand for payment of the entire obligation from any one of the makers

33)A contract of sale entered into by Jess, 18 years old, on 25 February 1986 is
 a) Valid

b) Null and Void

c) Voidable

d) Rescissible

34)The civil liability of the parents of a married woman for the payment of the fees of the
doctor who came to her aid when she suddenly gave birth while her husband was at
work may only be based on:

a) Quasi-contract

b) Law

c) Contract

d) Natural Obligation

35)X promised to give his car to Y should the latter pass the bar examinations in 2011.
While waiting for the result of the bar examinations, X spent around P100,000.00 on
improvements made on the vehicle including having it re-painted and fitted with
leather seats. What right does the law give to X for the improvements be made on
should the condition be fulfilled?

a) X must deliver the car with all the improvements to Y at no additional cost

b) X is entitled to recover the amount of P100,000.00 that he spent for the improvements
he made to the car

c) X can have the car stripped of its new paint as well as its seats

36)A is obligated to pay B the amount of P45,000.00 one year after 14 February 2010.
Believing that the obligation has become due, A paid B the amount of P45,000.00 just
after six months. What is B’s obligation to A?

a) Give an acquittance for A’s obligation and considered it paid

b) Give A back the P45,000.00 without any interest

c) Give A back the P45,000.00 plus interest

37)The four-year period within which accion pauliana must be brought to rescind
donations made by the debtor to his children to defraud his creditor is counted from:

a) The time the donations were made

b) The time the donations were registered

c) The time the creditor became aware of the donations

 d) The time the writ of execution obtained by the creditor is returned unsatisfied
because the properties have been transferred to the children by virtue of the deed
of donation

38)The express condonation of a seller’s obligation to deliver a parcel of land that the
buyer has bought and paid for must be embodied in

a) A public instrument signed by the seller and accepted by the buyer

b) A private instrument signed by the seller and accepted by the buyer

c) Writings, notes or memorandum that are subscribed by the buyer

d) Writings, notes or memorandum that are not only subscribed by the buyer but must
furthermore contain a description of the property and a statement of its price.

39)X signed a non-compete clause with his employer whereby he agreed that he should
not work for a competing company within a period of one year from the time he is
separated from his present employment or otherwise he would be liable for damages
in the amount of P100,000.00. X subsequently resigned and joined company B, a
competing company. To recover the stipulated damages, X’s employer will have to
prove the following except:

a) The existence of the non-compete clause

b) X’s employment with the competing company

c) The damages it suffered on account of X’s employment with its competitor

d) The concurrence of X’s employment with the competing company

40)Under the same facts, you will advise X’s employer that it has no cause of action
against Company B based on:

a) The freedom to contract

b) Principle of relativity of contracts

c) Principle of rebus sic stantibus

d) Principle of mutuality of contacts

G executed a deed of assignment whereby he transferred to F all his rights and interests
over 24,000.00 tons of iron ore in consideration of the sum of P75,000.00 – P10,000.00 of
which was paid upon the signing of the agreement and the balance of P65,000.00 will be
paid from the first amount derived from the local sale of the iron ore made from F’s
corporation.

To secure payment of the balance of P65,000.00, F delivered to G a surety bond dated

December 8, 2009 and set to expire after a period of one year.
Up to December 8, 2010, when the bond expired, no sale of the 24,000 tons of iron ore
had been made nor had the P65,000 balance of the price of said ore been paid to G. G
then went to court to collect the balance of P65,000.00 due him

41)In his defense, F says that his obligation to pay is not yet due because the same is
subject to a condition consisting of the sale of the iron ores and the said condition has
not yet been fulfilled. If you were the court, you would

a) Reject this defense because sale is an onerous and commutative contract

b) Accept this defense because G assumed the risk of receiving nothing for what he gave
when he agreed to the terms of the assignment

c) Reject this defense because the condition is purely potestative and dependent upon
the debtor

d) Accept this defense because the condition is valid, being mixed in nature

42)If the sale of the iron ores were to be treated as a potestative condition affecting the
duty of F to pay, what will be the status of the obligation?

a) The obligation is void

b) The obligation is valid

c) The obligation is valid but the condition is void

43)If you were the lawyer for G, how would you justify the immediate filing of an action
for specific performance?

a) The obligation is not subject to a condition and it is therefore immediately

demandable

b) The obligation is subject to a period and the period has expired

c) The obligation is subject to a period and the debtor has lost the right to make use
of the period

d) The obligation is subject neither to a condition nor a period

44)If G approached you to represent him and required that you take action in September
2010, what complaint would you have filed back then?

a) Rescission of the contract under Article 1191 plus damages

b) Specific performance with damages

c) Action to fix the period for the performance of the obligation

d) Action for damages only

D is having his house built and C is his contractor. Unfortunately, C has no commercial
credit or standing in D’s community, and P who owns the local lumber yard refused to
extend C any credit. Having no money and no credit, C was unable to continue the
purchase of the necessary lumber. This compelled D to accompany C to P’s lumber yard,
and after satisfying P that he was good for the amount of lumber needed in the
construction of his house, D entered into an oral agreement with P whereby P agreed to
deliver P10,000.00 worth of lumber to C for use in the Construction of D’s house.

45)The contract entered into by D with P is

a) Contract of guaranty

b) Contract of loan

c) Contract of sale

d) An inominate contract

46)The status of D’s contract with P is

a) Valid

b) Unenforceable because it falls within the coverage of Statute of Frauds

c) Unenforceable at first but ratified by the performance on the part of P

d) Voidable because of the presence of fraud in the performance of the obligation

Renato, a judement creditor purchased the right to repurchase under a pacto de retro
sale of land of his judgment debtor, Benigno at an execution sale. The period of
redemption of the right to repurchase that was sold to Renato under execution expired
without Benigno having exercised his right of redemption. The latter did, however, tender
the repurchase price under the pacto de retro contract to the vendee, who accepted it,
at the same time cancelling the annotation of the said contract in the property registry.

47)The payment of the repurchase price made by Benigno to the vendee a retro had:

a) The effect of vesting title to the land in Renato

b) The effect of vesting title to himself

c) No effect insofar as the title to the land is concerned

48)The effect of the payment or the lack of effect of the payment, described in the
preceding number is premised on

a) The fact that Renato is a debtor of the vendee

b) The fact that Renato is not a debtor of the vendee

c) The fact that payment made by a third person with the consent of the creditor allows
the subrogation of the third person into the rights of the creditor
d) The fact that payment made by a third person is valid.