lOMoARcPSD|49718087

Mcq joint solidary quiz

Business Law (University of San Jose - Recoletos)

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university

Downloaded by Aldea Lazo ([email protected])
 lOMoARcPSD|49718087

UNIVERSITY OF SAN JOSE-RECOLETOS

Cebu City

RFBT 1 – Law on Obligations Atty. Esteban C. Pascua, CPA

1. 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.
2. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. When the loan
matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan directly to him. Before Rudolf
could comply, Fernando went to see him personally to collect and he paid him. Did Rudolf make a valid
payment?
a. No, since Rudolf should have split the payment between Rodrigo and Fernando.
b. No, since Rodrigo, the other solidary creditor, already made a prior demand for payment from
Rudolf.
c. Yes, since the payment covers the whole obligation.
d. Yes, since Fernando was a solidary creditor, payment to him extinguished the obligation.

3. A, B and C are joint and several liable to D amounting to P900,000. D allows C an extension of two
years within which to pay his portion of the indebtedness. In this case:
a. D can compel A or B to pay him the entire P900,000.
b. D can compel A or B or C to pay him P600,000.
c. D can demand only P300,000 each from A and B.
D can compel only A or B to pay him P600,000.
4. Which of the following is a primary classification of obligations under the Civil Code?
a. Real and personal obligations
b. Joint and solidary obligations
c. Unilateral & bilateral obligations
d. Civil and natural obligations
5. A, B and C solidary owe X P300,000. X remitted C’s share. A, therefore, paid later only P200,000.
Assuming that B is insolvent.
a. A can compel B to pay him P100,000.
b. A can recover reimbursement from C amounting to P50,000
c. A can recover reimbursement from C amounting to P100,000.
d. A can recover nothing from C at this moment and to wait until B recover from financial distress.

6. The following are either joint or solidary liability:

I. Liability of the principal and the agent when the former allowed the agent to act as though he had
full powers.
II. Liability of two or more persons who have appointed an agent for a common transaction or
undertaking.
III. Liability of two or more bailees to whom a thing is loaned in the same contract.
IV. The responsibility of two or more agents who are appointed simultaneously by the principal.
V. Responsibility of two or more officious managers.
a. The liability under I, II, III, IV and V are solidary
b. The liability under I, II, III and V are solidary.
c. The liability under II and IV are joint.
d. The liability under I, II, III and IV are solidary.
7. A, B, C, and D are obliged to give V, W, X, Y and Z P40,000.
a. V may collect from A P40,000.00 c. V may collect from A P2,000
b. V may collect from A P10,000.00 d. V may collect from A P8,000
8. A, B, C and D, joint debtors, are obliged to give W, W, X, Y and Z, solidary creditors, P40,000.00.
a. V may collect from B P40,000.00 c. V may collect from B P10,000
b. V may collect from B P8,000.00 d. V may collect from B P2,000
9. A, B, C and D, solidary debtors, are obliged to give W, W, X, Y and Z, joint creditors, P40,000.00.
a. V may collect from C P40,000.00 c. V may collect from C P10,000
b. V may collect from C P8,000.00 d. V may collect from C P2,000
10. A, B, C and D, solidary debtors, are obliged to give W, W, X, Y and Z, solidary creditors, P40,000.00.
a. V may collect from D P40,000.00 c. V may collect from D 10,000
b. V may collect from D P8,000.00 d. V may collect from D 2,000
11. X, 25 years old, Y, 30 years old, C, 17 years old, are solidary debtors of D in the amount of P18,000.00.
a. D may collect from X P18,000.00
b. D may collect from X P12,000.00
c. D may collect from X P2,000.00
d. D may collect nothing because the obligation is voidable, C being a minor.
12. The following obligations are divisible, except an:
a. Obligation to give a definite things.
b. Obligation which has for its object the execution of a certain number of days of work.
c. Obligation which has for its object the accomplishment of work by metrical units.
d. Obligation which by its nature is susceptible of partial performance.
13. In obligations with a penal clause, the creditor as a rule may recover from the debtor in case of breach
the following:
a. The penalty only
b. The penalty and the interest
c. The penalty and the damages
d. The penalty as agreed upon plus damages and interest

Downloaded by Aldea Lazo ([email protected])

 lOMoARcPSD|49718087

14. Consider the following statements:

I. The nullity of the principal obligation carries with it the nullity of the penal clause.
II. The nullity of the principal obligation does not carry with it the nullity of the penal clause.
III. The nullity of the penal clause carries with it the nullity of the principal obligation.
IV. The nullity of the penal clause does not carry with it the nullity of the principal obligation.
a. Statement I and III are true.
b. Statements I and IV are true.
c. Statements II and III are true.
d. Statements II and IV are true.
15. Allana, Bagani and Cardo executed the following promissory note:

I promise to pay Dalisay or order the sum of P6,000.00 on August 31, 2023.

(Sgd.) Allana (Sgd.) Bagani (Sgd.) Cardo

On August 31, 2023, Dalisay can collect from Allana:

a. P2,000.00 c. P4,000.00
b. P6,000.00 d. Nothing because PN is void.
16. A, B and C are solidary debtors of X in the amount of P3,000.00. Subsequently, X renounced the share
of A. A accepted the renunciation of his share. On due date, B paid X, P2,000.00. B demanded
reimbursement from C but C is insolvent. In this case:
a. B may demand the payment of P1,000.00 from A.
b. B may not demand any payment because the share of A had already been renounced or condoned.
c. B may demand P500.00 from A representing A’s share in C’s insolvency.
d. B may demand from A P1,500 so that their sharing in the total debt is equal.
17. A, B, C and D owe X, Y and Z the sum of P12,000.00. Based on the foregoing data which of the
following statements is incorrect?
a. The obligation is joint.
b. There are 7 distinct debts in the obligation.
c. Each debtor is liable only for a total of P3,000.00.
d. Each creditor is entitled to collect a maximum of P4,000.00.
18. Which of the following is an indivisible obligation?
a. To construct a pavement measuring 2 meters wide and 10 meters long.
b. To lecture for 3 Saturdays in a Train Seminar.
c. To give a rendition tomorrow night in the “One Direction Purpose Tour” concert in Basak Coliseum.
d. To pay a loan obligation of P1.0MM in 10 equal monthly installments.
19. Item 19 to 21 are based on this problem.
A and B are indebted to X and Y for P20,000. A and B share in the debt in the ratio of 2:6 while X and Y
share in the credit in the ratio of 4:6.
How much may X collect from A if there is active solidarity?
a. P20,000.00 c. P8,000.00
b. P5,000.00 d. P2,000.00
20. How much may X collect from A if there is passive solidarity?
a. P20,000.00 c. P8,000.00
b. P5,000.00 d. P2,000.00
21. How much may X collect from A if the debtors are joint debtors while the creditors are joint creditors?
a. P20,000.00 c. P8,000.00
b. P5,000.00 d. P2,000.00
22. A, B and C are solidary debtors of X Y and Z, solidary creditors in the amount of P5,400.00. X
renounces the whole obligation without the consent of Y and Z. The debtors accepted the renunciation.
a. The whole obligation is extinguished.
b. Only P1,800.00 is extinguished.
c. No part of the obligation is extinguished because not all the creditors consented to the renunciation.
d. Only the P600 is extinguished.
23. A, B and C are solidary debtors of X in the amount of P3,000.00. X renounces the share of A and A
accepts the renunciation. Thereafter, B becomes insolvent.
a. C alone will be liable for the balance of P2,000.00
b. A will be liable for P500.00, while C will be liable for P1,500.00.
c. C will be liable for his share of P1,000.00. A will no longer be laible since his share was already
renounced by X.
d. A will be liable for P1,000.00 while C will be liable for P1,000.00 for the remaining balance of
P2,000.00.
24. Which of the following statements are incorrect?
I. When there are two or more debtors and/or two or more creditors in one and the same
obligation is presumed to be a solidary obligation.
II. A solidary debtor who obtains remission of the whole obligation is entitled to reimbursement
from his co-debtors.
III. Solidarity may exist although the creditors and debtors may not be bound in the same manner
and by the same periods and conditions.
a. Statement I and II
b. Statement I and III
c. Statement II and III
d. Statements I, II and III.
25. Consider the following statements:
I. In obligation with a penal clause, the penalty that substitute the indemnity for damages and the
payment of interest, if there is no stipulation to the contrary
II. The nullity of the penal clause in an obligation carries with it the nullity of the principal
obligation.
a. Statement I is true c. Both statements are true
b. Statement II is true d. Both statements are false

Downloaded by Aldea Lazo ([email protected])

 lOMoARcPSD|49718087

Downloaded by Aldea Lazo ([email protected])