Question:

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.

Question:

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.

Question:

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.

Question:

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.

Question:

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.

Question:

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.

Question:

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

Question:

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.