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RFBT B97 First Preboard Questionnaire

The document is an examination paper for the CPA Review School of the Philippines, focusing on the Regulatory Framework for Business Transactions. It contains multiple-choice questions covering various topics related to banking laws, deposit insurance, contracts, and legal principles. The exam is scheduled for February 8, 2025, and includes instructions for answering the questions on a special answer sheet.

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0% found this document useful (0 votes)
102 views15 pages

RFBT B97 First Preboard Questionnaire

The document is an examination paper for the CPA Review School of the Philippines, focusing on the Regulatory Framework for Business Transactions. It contains multiple-choice questions covering various topics related to banking laws, deposit insurance, contracts, and legal principles. The exam is scheduled for February 8, 2025, and includes instructions for answering the questions on a special answer sheet.

Uploaded by

jayson grey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CPA Review School of the Philippines

Manila

First Pre- Board Examination February 8, 2025


Regulatory Framework for Business Transactions Saturday 1pm-4pm

Instructions: Choose the BEST answer for each of the following items. Mark only one answer for each
item on the Special Answer Sheet provided.

1. What type of deposits are covered under RA 1405?


a. Peso deposits only
b. Foreign currency deposits only.
c. Both peso and foreign currency deposits.
d. Only time deposits.

2. RA 1405 was enacted to –


a. Encourage foreign investments.
b. Prevent abuse of authority of banking institutions
c. Allow banks to share data with third parties
d. Ensure the secrecy of bank deposits to encourage people to save.

3. One of the following is not a function of the Philippine Deposit Insurance Corporation. Which is it?
a. Co-regulator of banks
b. Deposit insurer
c. Engage in the lending of funds obtained from deposits
d. Receiver and liquidator of closed banks

4. If the bank is close upon the order of the monetary board, who will be appointed as receiver or
liquidator of the closed bank?
a. PDIC
b. AMLC
c. BIR
d. BSP

5. If the account is held jointly by two or more natural persons, or by two or more juridical persons or
entities, the maximum insured deposit shall be
a. divided into as many equal shares as there are individuals, juridical persons or entities,
notwithstanding that a different sharing is stipulated in the document of deposit.
b. divided into as many equal shares as there are individuals, juridical persons or entities, unless a
different sharing is stipulated in the document of deposit.
c. the aggregate of P250,000.00 for each individual, juridical person or entity.
d. the aggregate of P500,000.00 for each individual, juridical person or entity.

6. Identify the function of the PDIC: (1) It is a function of PDIC because it is empowered to examine and
investigate banks. (2) It is a function of PDIC which provides permanent and continuing insurance
coverage on all insured deposits.
a. (1) Deposit Insurer, (2) Co-regulator of banks
b. (1) Co-regulator of banks, (2) Deposit Insurer
c. (1) Co-regulator of banks, (2) Receiver and liquidator of closed banks
d. (1) Receiver and liquidator of closed banks, (2) Deposit Insurer
Page 2
7. Matt opened 2 bank accounts in Bank A. The first bank account is in trust for Raul, while the second
bank account is for the account of Carl. Which of the following statement is true?
a. Matt is the depositor of both bank accounts.
b. Raul is the depositor of the first bank account, while Carl is the depositor of the second bank
account.
c. Matt is the depositor of the first bank account, while Carl is the depositor of the second bank
account.
d. Raul is the depositor of the first bank account, while Matt is the depositor of the second bank
account.

8. Under PDIC Act, all deposits in the bank maintained in the same right and capacity for his benefit
either in his own name or in the name of others shall be added together in determining the insured
amount.
a. Per bank basis
b. Per depositor rule
c. Doctrine of equality
d. Equity rule

9. Juan dela Cruz maintains the following accounts with X Bank, Manila Branch:
1. Account Name: Juan dela Cruz– savings account with a balance of P850,000.
2. Account Name: Juan dela Cruz and Maria dela Cruz– savings account with a balance of
P300,000.
3. Juan dela Cruz or Pedro dela Cruz – time deposit for P1,000,000.
How much is the total insured deposit of Juan dela Cruz?
a. P500, 000
b. P650,000
c. P900, 000
d. P2,150,000

10. Juan dela Cruz maintains the following accounts with X Bank, Manila Branch:
1. Account Name: Juan dela Cruz– savings account with a balance of P850,000.
2. Account Name: Juan dela Cruz and Maria dela Cruz– savings account with a balance of
P300,000.
3. Juan dela Cruz or ABC Corporation – time deposit for P1,000,000. How much is the total
insured deposit of Juan dela Cruz?
a. P500, 000
b. P650,000
c. P900, 000
d. P2,150,000

11. When should the depositor of a closed insured bank file his claim with PDIC?
a. The depositor of the closed insured bank has 12 months from date of bank takeover to file his deposit
insurance claim.
b. The depositor of the closed insured bank has 24 months from date of bank takeover to file his deposit
insurance claim.
c. The depositor of the closed insured bank has 36 months from date of bank takeover to file his deposit
insurance claim.
d. The depositor of the closed insured bank has 48 months from date of bank takeover to file his deposit
insurance claim.
Page 3
12. Under PDIC Act, the claim for insured deposit should be settled within –
a. 3 months from the date of filing
b. 6 months from the date of filing
c. 12 months from the date of filing
d. 24 months from the date of filing

13. Statement 1: Redemption arises before the sale is made.


Statement 2: Pre-emption occurs after the sale is made.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false

14. Statement 1: Legal redemption is not available if the transfer of a property is through gratuitous title.
Statement 2: Right of legal redemption by a co-owner excludes that of the adjoining owners.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false

15. Susan sold his farmland to Daisy. The parties agreed that after the sale, Susan shall lease the farmland
for a year, after which she shall turnover the farmland to Daisy. In this case –
a. There is no delivery because the sale was not made in a public instrument.
b. There is no delivery because the farmland was not actually delivered.
c. There is delivery by way of traditio constitutum possesorium.
d. There is delivery by way of tradition brevi manu.

16. Delivery of movable by mere consent or agreement of the parties if the thing cannot be transferred to
the possession of the vendee at the time of sale, usually made by pointing at the thing.
a. Symbolic delivery
b. Actual delivery
c. Traditio longa manu
d. Traditio brevi manu

17. Which of the following statements regarding sale on trial is incorrect?


a. Ownership of the thing is transferred to the vendee when he signifies his approval or acceptance to
the vendor.
b. Ownership of the thing is transferred to the vendee upon delivery.
c. Ownership of the thing is transferred to the vendee when he does an act adopting to the transaction.
d. None of the above

18. The following are characteristics of a contract of sale, except –


a. Real
b. Consensual
c. Principal
d. Onerous

19. Which of the following is not a requisite of the object of a contract of sale?
a. The seller must have the right to transfer the ownership of the thing at the time of the perfection of
the contract of sale.
b. The object must be licit.
c. The object must be determinate or determinable
d. None of the above.
Page 4
20. Which of the following statements regarding sale of a future thing is incorrect?
a. Sale of future thing is also known as emptio rei speratae.
b. Sale of future thing is also known as emptio spei
c. Sale of future thing may be valid.
d. None of the above.

21. Susan and Daisy signed a contract which reads contract of sale whereby Susan will transfer a specific
mazda car with a value of P200,000; while Daisy will give her watch worth ₱140,000 and P60,000 in
cash. In this case –
a. The contract entered is void.
b. The contract is a valid contract of barter.
c. The contract is a valid contract of sale.
d. The contract is partly barter and partly sale.

22. What is the effect if the determination of the price is left to the judgment of a special person and such
person is unable or unwilling to fix it?
a. The court may fix the price.
b. Either party may ask for the fulfilment of the contract of sale or rescission of the contract of sale
with damages in either case.
c. The contract is inefficacious.
d. None of the above.

23. Statement 1: Gross inadequacy of price shall render the contract void.
Statement 2: If the price is simulated, the sale is valid.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false

24. Which of the following statements is false?


a. A contract which is the direct result of a previous illegal contract is also void.
b. A contract shall be voidable even if a party gave his consent because of a reasonable and well-
grounded fear of an imminent and grave evil upon the property of his descendant.
c. Donation by a person of his organ which will take effect upon his death is valid.
d. A party who employed violence, intimidation, undue influence, or fraud or who caused mistake may
bring an action to annul the contract on any such ground.

25. Statement 1: Executory contracts covered by the statue of frauds which are not in writing are valid
contracts
Statement 2: A contract which is required to be in writing under statue of frauds shall become
enforceable although not in writing if the contract has been partially or wholly performed.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false

26. Rescission under Article 1381 is different from annulment, wherein rescission
a. is subsidiary action.
b. is based on incapacity or vitiation of consent.
c. may be availed only by the parties to the contract.
d. may be commenced within four years from the date of contract.
Page 5
27. The following contracts are voidable except –
a. A contract agreed to in a state of drunkenness or during a hypnotic spell.
b. A contract between a minor and insane person.
c. A contract where a party was mistaken as to the substance of the thing which is the object of the
contract
d. A contract of marriage where a party was mistaken as to the identity of the other contracting party

28. Charlene applied for a life insurance policy with XYZ Insurance Company. For the policy to be
approved it would require a physical examination. Since, Charlene is suffering from heart disease, she
asked Sharlene her twin sister to undergo the physical examination. The Insurance Company approved
the policy. What kind of fraud was employed by Charlene?
a. Dolo incidente
b. Causal fraud
c. Fraud in performance
d. No fraud committed

29. Contract 1: An oral contract of sale of laptop between a seller who is minor and buyer who is an insane
person.
Contract 2: An oral contract of sale of land worth P500,000 between seller and buyer. Seller has not
yet delivered the lot, but the buyer has given a down payment of P100,000.
a. Both contracts are unenforceable
b. Both contracts are valid and enforceable
c. Contract 1 is unenforceable; Contract 2 is valid and enforceable.
d. Contract 2 is valid and enforceable; Contract 2 is unenforceable.

30. When a person takes improper advantage of his power over the will of another, depriving the latter of
a reasonable freedom of choice, the contract shall be –
a. void because of absent of consent.
b. valid because all the requisites of contract are present.
c. voidable on the ground of intimidation.
d. voidable on the ground of undue influence.

31. A vitiation of consent wherein through insidious words or machinations of one of the contracting
parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
a. Mistake
b. Violence
c. Fraud
d. Theat

32. The following are the essential elements of consensual contract, except –
a. Consent of the contracting parties.
b. Object certain which is the subject matter of the contract
c. Cause of the contract which is established.
d. Delivery of the object of the contract.

33. Statement 1: A void contract is ratified by the acceptance by a party to the contract of a benefit under
its terms.
Statement 2: The right to set up the defense of illegality of a void contract does not prescribe.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false
Page 6
34. Danny, out of his love and affection for Dianne, donated a house and lot to the latter who accepted it.
The formalities required by law were complied with. The contract entered between Danny and Dianne
is –
a. an accessory contract
b. a remuneratory contract
c. a gratuitous contract
d. an onerous contract

35. Which of the following contracts is rescissible?


a. Contract that does not comply with the statue of fraud.
b. Unauthorized contract
c. Contract where one of the parties is incapable of giving consent.
d. Contract entered to defraud a creditor when the latter cannot collect the claim due him.

36. A contract of pledge is not –


a. an accessory contract
b. a real contract
c. a consensual contract
d. a nominate contract

37. In cases of intimidation, violence or undue influence, the action for annulment must be brought within
four years from –
a. the date of contract.
b. the time of the discovery of the same.
c. the time the defect of the consent ceases.
d. the date of the meeting of the minds.

38. The statute of frauds applies to


a. Wholly executed contracts
b. Wholly executory contracts
c. Partially executed contracts
d. Neither a nor b

39. Which of the following statements is false regarding ratification of a voidable contract?
a. Ratification requires conformity of the party who has no right to bring the action for annulment.
b. Ratification extinguishes the action to annul a voidable contract.
c. Ratification cleanses the contract from all its defects from the moment it was constituted.
d. Ratification may be made by the guardian of the incapacitated person, or the incapacitated person
upon attaining capacity, or the party whose consent was vitiated.

40. Which of the following cases wherein rescission will prosper?


a. When the action to bring rescission has prescribed.
b. When who demands rescission cannot return whatever he may be obliged to restore.
c. Where there are other legal means to obtain reparation of the damaged caused.
d. When the object of the contract is in the possession of a third person who purchase the property of
the debtor in bad faith.

41. Gary, the guardian of Sion, a minor, is angry because Sion sold the vegetables harvested from Sion’s
farm for P4,000. The vegetables however, had a value of P6,000. Which of the following is correct?
a. The sale is rescissible because Sion suffered a lesion.
b. The sale is voidable because Sion is a minor.
c. The sale is unenforceable because the sale is made without the approval of the court.
d. The sale is valid but without effect.
Page 7
42. S sold his only car to B for P250,000. The reason why B bought the car from S so that he could use the
car in a bank heist. What is the status of the contract of sale?
a. Void, because the car will be used for illegal purpose.
b. Voidable because there is mistake of fact.
c. Rescissible because of damage.
d. Valid, because illegality of the motive shall not affect the validity of the contract.

43. A contract whose cause is the promise of a thing or service by the other party is –
a. an onerous contract
b. a gratuitous contract
c. a remuneratory contract
d. an accessory contract

44. Which of the following statements is false regarding object of a contract?


a. To be a valid object of a contract, the thing must be withing the commerce of men.
b. To be a valid object of a contract, the right must not be transmissible.
c. To be a valid object of a contract, the service must not be contrary to law.
d. None of the above

45. An absolutely simulated contract is –


a. Valid
b. Voidable
c. Unenforceable
d. Void

46. Statement 1: Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound
by confidential relations, constitutes fraud.
Statement 2: The usual exaggerations in trade, when the other party had an opportunity to know the
facts, are not in themselves fraudulent.
a. Both statements are true
b. Only 1 is true
c. Both statements are false
d. Only 1 is false

47. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights
and obligations arising from the contract are not transmissible by their nature, or by stipulation or by
provision of law. This is also known as
a. Mutuality of contract
b. Autonomy of contract
c. Relativity of contract
d. Obligatory force of contract

48. Violence to vitiate consent must be –


a. Serious and irresistible
b. Serious or irresistible
c. Real, serious and unlawful
d. Real, serious or unlawful

49. The following are the characteristics of a voidable contract, except:


a. Effective until annulled.
b. May be ratified.
c. Action for annulment is subject to prescriptive period.
d. Damage or prejudice to one of the parties is material.
Page 8
50. The following contracts are required to comply with the Statute of Frauds, except:
a. An agreement that by its terms is to be performed within a year from the making thereof.
b. A special promise to answer for the debt, default, or miscarriage of another.
c. An agreement made in consideration of marriage.
d. An agreement for the leasing for a longer period than one year, or for the sale of real property or of
interest therein.

51. Rosita bought a lollipop from a sari-sari store which costs P10. She paid P20 to the cashier, but the
cashier gave him P40 as change. What juridical relation is created between Rosita and the cashier?
a. Contract
b. Quasi-contract
c. Delict
d. Quasi-delict

52. Walter, a minor, through negligence, inflicted damage upon another child. Walter’s father was made
liable by court to pay civil damages to the other child. The liability of Walter’s father arises from –
a. Contract
b. Quasi-contract
c. Delict
d. Quasi-delict

53. The defense of due diligence in the selection and supervision of employees may be used against:
I. Vicarious liability of an employer arising from quasi-delict.
II. Subsidiary liability of an employer arising from delict.
a. I only
b. II only
c. I and II
d. Neither I nor II

54. This is the manner on how the obligation is to be manifested.


a. Essential elements of obligation
b. Form of obligation
c. Object of obligation
d. Prestation

55. It refers to the personal elements of the obligation.


a. Obligor and obligee
b. Prestation and legal tie
c. Obligor and prestation
d. Legal tie and oblige

56. The following statements concerning an obligation is correct except –


a. Obligation not to do consist in abstaining from some act.
b. Obligation to give is one in which the prestation consist in delivery of thing.
c. Obligation to do includes work or services.
d. Obligation not to do is a negative real obligation.

57. Efficient cause of an obligation, except –


a. Contract
b. Crime
c. Civil negligence
d. Natural obligation
Page 9
58. Which of the following statements concerning obligations arising from law is incorrect?
a. Only obligations expressly determined in the Civil Code or Special Laws are demandable.
b. Obligations and correlative rights arising from law shall be governed by the law by which they are
created.
c. Law cannot exist as a source of obligation, unless the act to which its principle may be applied exist.
d. Legal obligations are presumed.

59. Is a person criminally liable also liable to pay damages to private offended party?
a. Yes, in all cases as provided under Article 100 of the Revised Penal Code.
b. Yes, as a rule, unless the crime committed does not cause civil damages.
c. No, unless the People of the Philippines ask for damages.
d. No, because criminal case entails imprisonment only.

60. Negligence or culpa which results to civil liability arising from quasi-delict or torts is also known as –
a. Culpa contractual
b. Culpa criminal
c. Culpa aquiliana
d. Culpa negligence

61. Statement 1: The right violated by a quasi-delict is a private right while the right violated in crime is
a public right.
Statement 2: To convict a person of a crime, preponderance of evidence is required but to prove
negligence in quasi-delict, proof beyond reasonable doubt is required.
a. Only 1 is true
b. Only 2 is true
c. Both true
d. Both false

62. Danny owes Carlito P1,000. By mistake Danny pays Carlito P1,100. Carlito must return the P100. This
is an example of –
a. Natural obligation
b. Moral obligation
c. Negotiorum gestio
d. Solutio indebiti

63. Danilo is the driver of a passenger jeepney which is owned and operated by Oliver. While Danilo is
driving said jeepney, it met an accident through his negligence, where Pedro, a passenger, was injured.
Oliver is liable to Pedro for damages which arises from –
a. Quasi-contract
b. Culpa contractual
c. Negligence
d. Crime

64. Doris promised to deliver 10 kilos of tomato to Cecilia on January 15, 2025. On January 10, 2025,
Cecilia demanded the delivery of the 10 kilos of tomato, but Doris did not comply. On January 12,
2025, typhoon Alicia visited Luzon, and all the tomatoes stored in the warehouse of Doris were wiped
out.
a. Doris’ obligation to deliver 10 kilos of tomato is extinguished because of a fortuitous event.
b. Doris is liable to pay damages because she was in default.
c. Doris is not liable to pay damages because of fortuitous event.
d. The obligation of Doris is not extinguished because the object is generic.
Page 10
65. Statement 1: Delay on the part of the creditor to accept performance of an obligation is called mora solvendi.
Statement 2: There is delay in an obligation not to do.
a. Only 1 is true
b. Only 2 is true
c. Both true
d. Both false

66. Which of the following is not a conditional obligation?


a. D to give C a laptop if C will pass the CPALE.
b. D to give C a car if C marries X.
c. D to pay C P10,000 if D has the means.
d. None of the above.

67. X will sell to Y his house and lot in Quezon City if X decides to transfer and live in Pangasinan. This
is an example of an obligation that has a
a. resolutory condition
b. resolutory period
c. potestative condition
d. casual condition

68. A, B, C and D are indebted to W, X, Y and Z for the amount P40,000. A’s obligation to W is –
a. P40,000
b. P10,000
c. P5,000
d. P2,500

69. Which of the following is a requisite for the application of payments?


a. There must be only one debt involved.
b. The debtor must be insolvent.
c. The payment must be made by a third party.
d. The debtor must owe several debts to the same creditor.

70. What is the penalty for failing to report suspicious transactions under AMLA?
a. Fine only
b. Imprisonment only
c. Fine and/or imprisonment
d. Waring

71. What is the primary responsibility of covered institutions under AMLA?


a. To investigate criminal activities
b. To report covered and suspicious transactions
c. To monitor political campaigns
d. To approve transactions above threshold

72. Under Truth in Lending Act which of the following must be disclosed to a borrower before a loan is
granted?
a. Lender’s profit margin
b. Borrowers credit score
c. Total amount to be financed, interest rates and other charges
d. All of the above
Page 11
73. What is the consequence for a lender who fails to comply with the disclosure requirement under Truth
in Lending Act?
a. Loan is automatically cancelled
b. Borrower must pay double amount of the loan
c. Borrower losses the right to file complaints
d. Lender may face fines and penalties

74. Susan issued a check for P500,000 as payment for a second-hand car. The check bounced due to
account closed. The car seller immediately filed a complaint without the notice of dishonor or giving
Susan a chance to settle the payment. Can Susan be held liable under BP22?
a. Yes, because issuing a check from a closed account is automatically punishable.
b. Yes, only if the seller refuses alternative payment methods.
c. No, because the check is issued for personal transaction.
d. No, because a written notice of dishonor must be issued first.

75. Which of the following is not correct?


a. A solidary creditor can assign even without the consent of the other creditors
b. Remission of the debt by any of the solidary creditors shall extinguish the obligation
c. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept
d. The debtor may pay any of the solidary creditors but if any demand has been made by one of them,
payment should be made to him.

76. A borrowed ₱200,000 from solidary creditors B and C. On due date, B sent to a letter to A demanding
payment of the loan directly to him, but before A could comply, C went to A to collect and so A paid
C. Did A make a valid payment?
a. Yes, because the debtor may pay any of the solidary creditors
b. No, because payment should be made to B
c. Yes, because any of the solidary creditors may demand payment of the whole obligation
d. No, because A should have split the payment because both creditors demanded payment.

77. A Japanese national and a Filipino national entered into a contract for services in Thailand. The services
will be rendered in Singapore. In case of breach, what law will govern?
a. Thailand Law
b. Philippine Law
c. Singapore Law
d. Japanese Law

78. A orally offered to sell his rice land to B for ₱8M. B orally accepted the offer. The land is to be delivered
through the execution of a notarized Deed of Sale and the price is to be paid directly two weeks from
their oral agreement. Which of the following is most accurate?
a. If A refuses to deliver the land on the agreed date despite payment made by B, the latter may not
successfully sue A because the contact is unenforceable
b. If A refused to deliver the land, B may successfully sue A for the fulfillment of the obligation before
the payment of the purchase price
c. The contact between A and B is rescissible
d. The contact between A and B is subject to ratification by the parties.

79. To be valid and enforceable, the following contracts should be in writing, except:
a. Contract to pay interest on loan
b. Contract of donation of real property
c. Contract giving authority to an agent to sell a piece of land
d. Contract made in consideration of marriage
Page 12
80. X borrowed money from Y. X constituted a real estate mortgage over his house to secure the loan. It
was stipulated that in case X could not pay the loan on time, the house would belong to Y. Which is
correct?
a. Y shall become owner of the house upon default by X by virtue of their written agreement
b. Y shall become the owner of the house by virtue of the default of X
c. Y shall only enjoy the right of alienation over the land
d. Y shall be entitled to the right of appropriation of the land

81. A, minor, sold the ring of his brother without authority and the buyer effected payment. The ring has a
fair market value of ₱1M, and the selling price was ₱600,000. The contract is
a. Rescissible
b. Voidable
c. Unenforceable
d. Void

82. S sold to B her watch for ₱10,000. B will pay seven days after delivery. S effected deliver on Feb 22,
2025. If today is June 30, 2025 and B has not effected payment yet, is B in delay?
a. Yes, in reciprocal obligations, if one of the parties fulfills his obligation, delay by the other begins
b. No, unless S makes a demand
c. Yes, because it was stipulated that B will pay within 7 days
d. No, the obligation of B is with a period hence, S should first go to the court for the court to fix the
period.

83. Which of the following statements is not correct?


a. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in
which they were upon the perfection of the contract
b. All the fruits of the thing sold shall pertain to the vendor from the day on which the contract was
perfected
c. The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him the price, or
if no period for the payment has been fixed in the contact
d. The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is
the object of sale

84. A take or leave it contract as the entries are already in the instrument and the parties to the contract
either accept or reject is
a. Contract of adhesion
b. Auto contract
c. Consensual contract
d. Real contract

85. An agreement where the pledgor or mortgagor will execute a contract transferring ownership of the
property pledge or mortgaged to the pledgee or mortgagee in case of default such execution of the
contract will result to
a. Pactum commissorium
b. Payment by cession
c. Dacion en pago
d. Tender of payment

86. In which of the following obligations is specific performance not available?


a. Obligations to repair the roof if the house of a client
b. Obligation to give support
c. Obligation to give a specific thing
d. Obligation to give a generic thing
Page 13
87. A is indebted to B in the amount of P50,000, with C as guarantor. On due date, A tendered payment to
B but B refused. Because of B’s refusal A deposited the amount in court. After the approval of the
consignation, A withdraws the money. Which is correct? The obligation of
a. A to B is revived if B consents to the withdrawal of the money
b. C to B is revived if B consents to the withdrawal of the money
c. A to B is extinguished if the refusal of B to accept the tender of payment is unjustifiable
d. A to B remains and C is not released as guarantor

88. A is obliged to give his only horse or his only cow to B, at B’s option on February 10, 2025. On
February 8, 2025, horse died due to fault of A. Which of the following is correct?
a. The obligation remains to be alternative
b. A is liable for damages for death of the horse
c. A is not liable for damages because the cow is still alive
d. A is liable for the value of the horse plus damages

89. Which of the following contract is rescissible?


a. Those which are entered into by guardians whenever the wards they represent suffer lesion of ¼ of
the value of the object of the contract
b. Those executed in representation of a principal, if the latter suffers lesion of more than ¼ of the
value of the object of the contract
c. Those where one of the parties is incapable of giving consent to a contract
d. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims
due them

90. The debtor shall not lose the right to make use of the period in one of the following cases
a. When he becomes insolvent
b. When he violates any undertaking in consideration of which the creditor agreed to the period
c. When the debtor attempts to abscond
d. When he does not give any guaranty or security to the creditor

91. A contract of sale between husband and wife is


a. Void if there is separation of property in the marriage settlement
b. Valid, when there is judicial separation of property
c. Voidable, if they are under the absolute community of property
d. Resccissble, if they are under the conjugal partnership of gains

92. A owes B P100,000. A also owes C P100,000. A failed to pay both obligations. B filed a complaint in
court and a writ of attachment was issued against A’s land situated in Manila. Later, A sells his land in
Makati to D. Which of the following is not correct?
a. The sale of the land in Makati is presumed fraudulent because a writ of attachment has been issued
b. C may go to court for the recission of the sale to D
c. B may go to court for the recission of the sale to D
d. Neither B nor C can go to court for the rescission of the sale to D because the land in Makati was
not the object of the writ of attachment

93. A has two creditors, B and C the obligation to B is P10,000 at to C is P12,000. Later, with the consent
of A and B, W pays B P10,000. Now W and C are the creditors of A. Suppose A has only P12,000,
which is correct?
a. C should be preferred
b. W should be preferred
c. C and W should be paid proportionately
d. A may choose whom to pay
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94. A was the registered owner of a passenger jeepney which was involved in a collision accident with a
delivery truck, resulting in the death of three passengers and inquiries to four. At the time of the
accident, A was legally married to B but was cohabiting with C in a relationship akin to that of a
husband and wife. The heirs of the dead passengers and the injured persons sought to recover damages.
Which of the following is correct?
a. The liability of A for damages will be on the basis of culpa contractual
b. The liability of A for damages will be on the basis of quasi- delict
c. B is liable to the extent to the same extent as A because she is also the owner of the passenger
jeepney
d. C is not liable, as the paramour of A, C is not a co-owner.

95. A sold to B and lot for P 5M payable 30 days after the execution of the deed of sale. It was expressly
agreed in the deed that the sale would ipso be facto no effect upon B’s failure to pay as agreed. B failed
to pay on maturity, and A sued to declare the contract of no force and effect. If B tendered payment
before the action was filed but subsequent to the stipulated date of payment, would the action prosper?
a. Yes, contracts shall have the force of law between the contracting parties
b. No, the stipulation is void for being contrary to law
c. No, at the time B tendered payment of the purchase price, there was still no demand made upon him
by A for the payment of the said purchase price either judicially or by notarial act
d. Yes, the stipulation that upon failure to pay the price agreed upon the recission of the contract shall
of right take place, shall bind both contracting parties

96. The liability of judgement debtor A under an obligation imposed by a final judgement is to pay P10,000
but A and the judgement creditor B subsequently entered into a contract reducing the liability of A to
only P8,000. Which of the following is correct?
a. There is an implied novation because the existing obligation is extinguished
b. Novation result in the extinguishment of an existing obligation and new one is substituted in its
place
c. The payment by C of the reduced amount was the result of the new obligation
d. The agreement to reduce the judgement debt to P8,000 completely extinguished the judgement debt
and released A from his pecuniary liability

97. A offered to sell her car to B for P200,000. After inspecting the car, B offered to buy it for P180,000
which was accepted by A. The next day, A offered to deliver the car but B being short of funds, secured
postponement of the delivery, promising to pay the price “upon arrival of the vessel C”. The vessel,
however never arrived because it was wrecked by a typhoon and sank somewhere off the coast of
Leyte. Which of the following is correct?
a. The promise to pay is with regard to the date of arrival and not with regard to the fact of arrival
b. A can compel B to pay the purchase price because there is already a perfected contract
c. The promise to pay is conditional, that is “upon arrival of the vessel C”
d. The condition is deemed fulfilled because the failure of the vessel to arrive is due to a fortuitous
event

98. In order that consignation shall produce the effect of payment it is not only essential that it must
conform with all the requisites of payment, but it is also essential that certain special requirements
prescribed by law must be complied with. Which of the following is not correct?
a. There must be a previous tender of payment
b. There is a debt due
c. The thing or amount due had been placed at the disposal of judicial authority
d. The notice previous to and after the consignation had been given to the persons interested in the
fulfillment of the obligation
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99. When one by his act, representation, oral admission or by his silence induces another to believe certain
facts to exists and acts on such belief, there is estoppel
a. In pais
b. By deed
c. By laches
d. By trust

100.When there is concurrence of two or more creditors or two or more debtors in one and the same
obligation, the obligation of the debtors and creditors is
a. Both joint and solidary
b. Either joint or solidary
c. Both are joint
d. Both are solidary

THE END
U.I.O.G.D

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