Professional Documents
Culture Documents
When the obligation became due and demandable, C turned out to be insolvent
Should the share of insolvent debtor C be divided only between the two other remaining debtors, A and B? (1%)
(A) Yes. Remission of D's share carries with
it total extinguishment of his obligation to
the benefit of the solidary debtors.
(B) Yes. The Civil
Code recognizes remission
as a mode of extinguishing an obligation.
This clearly applies to D.
(C) No. The rule is that gratuitous acts
should be restrictively construed, allowing
only the least transmission of rights.
(D) No, as the release of the share o
f one debtor would then increase the burden of
the other debtors without their consent
III. Amador obtained a loan of P300,000 from Basilio payable on March25, 2012. As security for the payment of his
loan, Amador constituted amortgage on his residential house and lot in Basilio's favo. Cacho, a good friend of
Amador, guaranteed and obligated himself to pay Basilio, in case Amador fails to pay his loan at maturity.
III. (1) If Amador fails to pay Basilio his loan on March 25, 2012, can Basilio compel
Cacho to pay? (1%
)
(A) No, Basilio cannot compel Cacho to pay
because as guarantor, Cacho can invoke
the principle of excussion, i.e., all the
assets of Basilio must first be exhausted.
(B) No, Basilio cannot compel Cacho to
pay because Basilio has not exhausted
the available remedies against Amador.
(C) Yes, Basilio can compel Cacho to pay
because the nature of Cacho's undertaking
indicates that he has bound himself
solidarily with Amador.
(D) Yes, Basilio can compel Cacho who
bound himself to unconditionally pay in
case Amador fails to pay; thus the benefit of
excussion will not apply
III. (2) If Amador sells his residential house and lot to Diego, can Basilio foreclose the
real estate mortgage? (1%)
(A) Yes, Basilio can foreclose the real estate mortgage because real estate mortgage
creates a real right that attaches to the property.
(B) Yes, Basilio can foreclose the real
estate mortgage. It is binding upon Diego
as the mortgage is embodied in a public
instrument.
(C) No, Basilio cannot foreclose the real
estate mortgage. The sale confers
ownership on the buyer, Diego, who must therefore consent.
(D) No, Basilio cannot foreclose the real
estate mortgage. To deprive the new owner
of ownership and possession is unjust and inequitable.
Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz delivered the car, Jose brought it to
Mitsubishi Cubao for maintenance check up and incurred costs of
P8,000. Seeing the car's peeling and faded paint, Jose also had the car repainted for
P10,000. Answer the two questions below based on these common facts.
IV. (1) After the bar exams, Cruz asked for the return of his car. Jose said he would
return it as soon as Cruz has reimbursed him for the car maintenance and repainting
costs of P 18,000.Is Jose's refusal justified? (1%)
(A) No. Jose's refusal is not justified. In this
kind of contract, Jose is obliged to pay for
all the expenses incurred for the
preservation of the thing loaned.
(B) Yes, Jose's refusal is justified. He is
obliged to pay for all the ordinary and
extraordinary ex
penses, but subject to
reimbursement from Cruz.
(C) Yes, Jose's refusal is justified. The
principle of unjust enrichment warrants the
reimbursement of Jose's expenses.
VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to
Homer for delivery within a month,although the period for delivery was not
guaranteed. Despite Gary's efforts to deliver on time, transportation problems and
government red tape hindered his efforts and he could only deliver after 30 days.
Homer refused to accept the late deliveryand to pay on the ground that the agreed
term had not been complied with.As lending investor, Gary granted a
Pl,000,000 loan to Isaac to be paid within two years from execution of the contract. As security for the loan, Isaac
promised to deliver to Gary his Toyota Innova within
seven (7) days, but Isaac failed to do so. Gary was thus compelled to demand
payment for the loan before the end of the agreed twoyear term
(2) Can Gary compel Isaac to pay his loan even before the end of the two-year period? (1%
d) Delict
50. The following are the elements of quasi
delict,
except
a) Act or omission
b)
Fault/negligence
c) Damage/injury
d)Pre-existing contract
51. A debtor is liable for damages in case of delay if he is guilty of any of the following,except
:
a) default (mora)
b)mistake
c) negligence (culpa)
d) breach through contravention of the tenorthereof
52. This term refers to a delay on the part
of both the debtor and creditor in reciprocal
obligations.
a) Mora accipiendi
b) Mora solvendi
c)Compensation morae
d) Solution indibiti
53. The following are the requisites of mora
solvendi,
except:
a) Obligation pertains to the debtor
and is determinate, due,
demandable, and liquidated.
b)
Obligation was performed on its
maturity date.
c) There is judicial or extrajudicial
demand by the creditor.
d) Failure of the debtor to comply
with such demand
55. The following are the requisites of
fortuitous event,
except:
a) Cause is independent of the will
of the debtor.
b) The event is
unforeseeable/unavoidable.
c) Occurrence renders itabsolutely
impossiblefor the debtor to fulfill his
obligation in a normal manner;
impossibility must be
absolutenot partial, otherwise not force majeure.
d)Debtor contributed to the
aggravation of t
he injury to the creditoR
Civil
Law Q&As (2007
2013
)
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Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.
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Page
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of
180
a) Act or omission
b)
Fault/negligence
c) Damage/injury
d)
Pre
existing contract
51. A debtor is liable for damages in case of
delay if he is guilty of any of the
following,
except
:
a) default (mora)
b)
mistake
c) negligence (culpa)
d) breach through contravention of
the tenor
thereof
52. This term refers to a delay on the part
of both the debtor and creditor in reciprocal
obligations.
a) Mora accipiendi
b) Mora solvendi
c)
Compensation morae
d) Solution indibiti
53. The following are the requisites of mora
solvendi,
except:
a) Obligation pertains to the debtor
and is determinate, due,
demandable, and liquidated.
b)
Obligation was performed on its
maturity date.
c) There is judicial or extrajudicial
demand by the creditor.
d) Failure of the debtor to comply
with such demand.
54. It is an international evasion of the
faithful performance of the obligation.
a) Negligence
b)Fraud
c) Delay
d) Mistake
60.
Buko, Fermin and Toti are solidary
debtors under a loan obligation
of
P
300,000.00 which has fallen due. The
creditor has, however, condoned Fermins
entire share in the debt. Since Toti has
become insolvent, the creditor makes a
demand on Buko to pay the
debt. How
much, if any, may Buko be compelled to
pay?
a)
P
200.000.00
b)
P
300,000.00
c)
P
100,000.00
d) Relativity of contracts
65. It is a principle which holds that
contracts mus
t be binding to both parties
and its validity and effectivity can never be
left to the will of one of the parties.
a) Obligatory force of contracts
b)
Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
66. It refers to the rule tha
t a contract
is
binding not only
between
parties
but
extends to the heirs, successors
in interest, and assignees of the
parties,
provided
that the contract involved
transmissible rights by their nature, or by
stipulation or by law.
a) Obligatory force of c
ontracts
b) Mutuality of contracts
c) Autonomy of contracts
d)
Relativity of contracts
7. It is rule which holds that the freedom
of the parties to contract includes the
freedom to stipulate, provided the
stipulations are not contrary to law, morals,
goo
d customs, public order or public policy.
a) Obligatory force of contracts
b) Mutuality of contracts
c)
Autonomy of contracts
d) Relativity of contracts
68. The following are the ways by which
innominate contracts are
regulated,
except:
a) By thestipulationof the parties.
b)By the generalprinciplesof quasi
-contracts and delicts
c) By the rules governing the most
analogous nominate contracts.
d) By the customs of the place
76. The borrower in a contract of loan or mutuum must pay interest to the lender.
a)If there is an agreement in writing to the effect.
b) As a matter of course.
c) If the amount borrowed is very
large.
d) If the lender so demands at the
maturity date.
77. The liability of the school, its administrators and teachers, or the
individual, entity or institution engaged in child care over the minor child or damage caused by the acts or omissions
of the unemancipated minor while under their supervision, instruction or custody shall be:
a) Joint and subsidiary
b)Principal and solidary
c. principal and joint
d. subsidiary and solidary
78. The creditor has the right to the fruits of the thing from the time:
a) the thing is delivered.
b)the obligation to deliver the
things arises.
c) the contract is perfected.
d) the fruits are delivered
87. Aligada orally offered to sell his two-hectare rice land to Balane forP10Million. The offer was orally accepted. By
agreement, the land was to be delivered (through execution of a notarized Deed of Sale) and the price was to be paid
exactly one-month from their oral agreement.
Which statement is most accurate?
a) If Aligada refuses to deliver the
land on the agreed date despite
payment by Balane, the latter may
not successfully sue Aligada
because the contract is oral.
b) If Aligada refused to deliver the
land, Balane may successfully sue for fulfillment of the obligation even if he has not tendered payment of the
purchase price.
c) The contract between the parties
is rescissible.
d)The contract between the
parties is subject to ratification
by the parties
89. Which phrase most accurately completes the statement Any third person who induces another to violate his
contract:
Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could
deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and
Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of
indemnity for damages. Is the liability of Roy and Carlos joint or solidary?
(A) Neither solidary nor joint since
they cannot waive the defense of
fortuitous event to which they are
entitled.
(B) Solidary or joint upon the
discretion of Sam.
(C) Solidary since Roy and Carlos
failed to perform their obligation to
deliver the motor boat.
(D)
Joint since the conversion of
their liability to one of indemnity
for damages made it joint.