1) The quasi-contract of negotiorum gestio requires the following

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1) The quasi-contract of negotiorum gestio requires the following. Which is the exception?

1. 1. There must be an abandoned or neglected property or business.
   2. Someone voluntarily takes charge of that abandoned business or property.
   3. The owner’s consent to the management of his business or property by someone.
   4. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property.

 

2. The following are the elements of an obligation, except:
   1. Juridical or legal tie
   2. Active subject
   3. Passive subject
   4. Consideration

 

3. D is indebted to C in the amount of P50,000.00.   D and C are the parties to the contract. Before D was able to pay his debt, he died. Upon D’s death, his total properties amounted to P20,000.00 which was received by his only heir X. Which among the following is correct?
   1. X is not liable to pay C.
   2. X is liable to pay C the amount of P50,000.00.
   3. X is liable to pay C the amount of P20,000.00.
   4. X is liable to pay C the amount of P50,000.00 plus damages.

 

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

 

5. An obligation ceases to be alternative and becomes a simple obligation in the following cases, except:
   1. when the debtor has communicated his choice to the creditor.
   2. when the right of choice has been expressly granted to the creditor and his choice has been communicated to the debtor.
   3. when among the several prestations that are due only one is practicable.
   4. when three prestations are due but one of them is unlawful or impossible.

 

6. On May 1, 2012, D executed a written undertaking obliging himself to deliver 100 sacks of rice to C on May 31, 2012. On May 28, 2012, C demanded the delivery of 100 sacks of rice from D but D did not comply. The following day, a fire of undetermined origin destroyed D's warehouse together with about 500 sacks of rice stored therein and from which D intended to get 100 sacks of rice for delivery to C.
   1. D's obligation to deliver 100 sacks of rice to C is extinguished, the cause of the loss being a fortuitous event.

 

1. 2. D's obligation to deliver 100 sacks of rice to C is not extinguished because he can get 100 sacks of rice from other sources.
   3. D's obligation to deliver 100 sacks of rice to C is not extinguished because D was in default.
   4. D's obligation is to pay damages because he was in default.

 

7. The debtor shall lose the right to make use of the period in the following cases, except:
   1. when he becomes insolvent.
   2. when he violates any undertaking in consideration of which the creditor agreed to the period.
   3. when the debtor attempts to abscond.
   4. when he does not furnish any guaranty or security to the creditor.

 

8. D borrowed P15,000 from C. On due date, D was not able to pay but she promised to give C a specific ring, a specific bracelet or a specific necklace, in payment of the debt. C accepted the offer of D. Assume that before D could deliver any of the ring, bracelet or necklace, the ring and the bracelet were lost successively through the fault of D. In this case:
   1. C may demand the payment of the price of the ring or the price of the bracelet plus damages, or the delivery of the necklace
   2. D may deliver the necklace to C without any obligation to pay damages.
   3. D may deliver the necklace to C with the obligation to pay damages because the ring and the necklace were lost through her fault.
   4. C may demand the payment of the price of the bracelet which was the last item that was lost, plus damages.

 

9. A, B, C and D are obliged to give V, W, X, Y and Z P20,000.00. Which among the following is true?
   1. V may collect from A P20,000.00.
   2. V may collect from A P5,000.00.
   3. V may collect from A P1,000.00.
   4. V may collect from A P4,000.00.

 

10. X promised to construct a house for Y. The contract carried a penal clause that in case of non-compliance, X would have to pay a penalty of P100,000.00. X did not construct the house and, as a consequence, Y suffered damages in the amount of P40,000.00. Which among the following is correct?
    1. X is liable to Y the amount of P40,000.00.
    2. X is liable to Y the amount of P140,000.00.
    3. X is liable to Y the amount of P100,000.00.
    4. X is liable to Y the amount of P140,000.00 plus any interest that will accrue.

 

11. Which of the following is not a conditional obligation?
    1. D to give C P1,000 if C passes the examination.
    2. D to pay C P1,000 if C has the means.
    3. D to give C a horse if C marries X.
    4. None of the above.

 

12. C, who will celebrate his 18^th birthday next month, sold his car to D, C’s friend who is a year younger than C.   Assuming that the other requisites and/or elements of a contract are present, the contract between C and D is:
    1. Rescissible
    2. Voidable or annullable
    3. Unenforceable
    4. Void or inexistent

 

13. A donated his car to B because he thought that B is his half-brother. B accepted the donation. Unfortunately, it turned out that B is not related to A. Which among the following is correct?
    1. The contract is absolutely valid since B accepted the donation. Hence, there was meeting of the minds.
    2. The consent of A was vitiated since B has no authority to accept the car donated by A.
    3. The cause of the donation, which is the identity of B, is no longer material. B cannot be faulted by A’s mistake.
    4. The consent of A was vitiated because the mistake as to the identity of B was the principal reason of the donation.

 

14. B fraudulently induces S to sell to him (B) a masterpiece painting for P10,000. Subsequently, B sold it to X for P12,000, a good faith purchaser. S is entitled to:
    1. Rescind the contract with B plus damages.
    2. Recover the painting from X but no damages.
    3. Recover damages from B.
    4. Rescind the contract between B and X.

 

15. S sold his only car for P100,000.00    to B. Unknown to S, B bought the car from him so that he could use the same in a bank robbery. What is the status of the sale of the car by S to B?
    1. The sale is void because the motive of B is illegal.
    2. The sale is valid because the illegality of the motive of the parties to the contract does not have any effect on its validity.
    3. The sale is voidable because of the failure of disclose his motive to S.
    4. The sale is rescissible at the instance of S would be damaged by the illegal motive of B.

 

16. 1^st- The action for annulment on the ground of fraud shall be brought with 4 years from the time of the perfection of contract.

2^nd- Misrepresentation made in good faith is not fraudulent but may constitute error.

1. 1. Both are True                    c. 1^st is True; 2^nd is False
   2. Both are False                   d. 1^st is False; 2^nd is True

 

17. S, an employee of a private company, sold his car for P100,000.00 to B, whom he knew was only 17 years old. S delivered the car to B who immediately paid the amount of P100,000.00. Later, S was transferred to another branch of his employer which was quite a distance from his residence. He wanted to get back the car from B so that will have something to use in going to and from his new office. Neither B nor his guardian has registered the sale with the Land Transportation Office. Which among the following is true?

 

1. 1. S can file an action to annul the sale he made to B because he was mistaken in selling the car which he realized he badly needed.
   2. S can ask the court to annul the sale because B was a minor when the contract of sale was entered into.
   3. Only B, when he attains the age of majority, or his guardian, while B is still a minor, can bring an action to annul the contract.
   4. The minority of B has no effect on the validity of the contract since the parties entered into the contract of sale freely.

 

18. Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a contract between them, no quasi-delict could arise. Is the airline correct?
    1. No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice.
    2. No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act.
    3. Yes, since the facts show a breach of contract, not a quasi-delict.
    4. Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties.

 

19. The Statute of Frauds applies only to:
    1. wholly executed contracts.
    2. contracts wholly or partially executed on the part of the debtor.
    3. contracts wholly or partially executed on the part of the creditor,
    4. wholly executory contracts.

 

20. Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt. Which among the following is correct?
    1. Pedro is in default.
    2. Pedro is not in default.
    3. Pedro is liable for interest.
    4. Pedro is liable for damages.

 

21. X believed that Y saved his life, and as a consequence, he donated Php10,000.00 to Y’s favorite charity. What kind of contract is this?
    1. remuneratory contract
    2. onerous contract
    3. gratuitous contract
    4. contract of adhesion

 

22. To defraud his creditor Carlo, Melody sold his condominium unit to Jane. When Carlo is now collecting his credit, Orlando lent Melody enough money to cover all his debt with Carlo. The sale of the Condominium unit:

 

1. 1. The sale cannot be rescinded because Carlo can collect the claim due him.
   2. The sale can be rescinded because this is an act to defraud the creditor
   3. The sale cannot be rescinded because there is no vices of consent.
   4. The sale can be rescinded on the ground that the sale was undertaken in fraud of creditor Carlo when the latter cannot in any other manner collect the claims due them.

 

23. A deaf-mute who knows how to write enters into a contract with an insolvent person after his discharge, the contract is:
    1. Valid
    2. Voidable
    3. Void
    4. Unenforceable