1.

Ordinary diligence is
a. diligence of a good father of a family
b. extraordinary diligence
c. diligence required by law
d. diligence of a father of a good family
2. A,B, and C are joint debtor of D for P3,000. If A is insolvent, how much should B
pay D?
a. P1,000
b. P1,500
c. P2,000
d. P3,000
3. A owns a house rented by B. A sold the house to C where C agreed to pay the
balance of the purchase price as soon as B leaves the premises. It was father
agreed that C will take care of seeing to it that B vacates the house. Which is
correct?
a. the contract is void because it is potestative on the part of C
b. the contract is void because the consent of B was not obtained
c. the contract is valid because the condition is mixed
d. the contract is valid if B is willing to vacate the premises.
4. Where demand by the creditor shall be necessary in order that delay may exist
a. when time is of the essence of the contract
b. when demand would be useless
c. when the obligor has expressly acknowledged that he is in default
d. when the obligor requested for an extension of time.
5. Damages awarded for mental and physical anguish
a. moral
b. exemplary
c. nominal
d. temperate
6. A is obliged to deliver his only car to B on February 15, 2015. If A does not
deliver, and on February 17, 2015, a typhoon destroys the car
a. A is not liable because the obligation is extinguished
b. A is liable because he is in delay
c. A and B will divide the loss equally
d. As obligation is converted into a monetary obligation
7. This is an obligation with a resolutory condition
a. Ill give you P10,000 if you pass the 2015 CPA board examination
b. Ill give you my car now but should you fail in any of your subjects, your
ownership will cease
and it will be mine again
c. Ill give you P10,000 on December 1, 2015
d. Ill give you P10,000 if A dies of TB

8.

I. Annulment means that one voluntarily adopts some defective or

unauthorized act or contract which, without his subsequent approval or
consent, would not be binding on him
II. Ratification is a remedy provided by law, for reason of public interest, for
the declaration of the inefficacy of the contract based on a defect or vice in
the consent of one of the contracting parties.
a. True, true

b. True, false

c. False, true

d. False, false

9. Which of the following is a requisite for intimidation to vitiate the consent of a

party:
a. it must produce a reasonable and well-grounded fear of an evil
b. the evil must be imminent and grave
c. the evil must be upon his person or property, or that of his spouse,
descendants, or ascendants
d. all of the above
10. Under the Rules of Court, the following are considered incompetents except:
a. hospitalized lepers
b. unemancipated minors
c. prodigals
d. deaf and dumb who are unable to read and write
11. It refers principally to public safety although it has been considered to mean
also the public weal.
a. Morals
b. Public order
c. Public Policy
d. Law
12. It deals with norms of good and right conduct evolved in a community.
a. Morals
b. Public order
c. Public Policy
d. Law
13. Contracts which require compliance with certain formalities prescribed by law,
such prescribed form being thereby an essential element thereof.
a. Consensual contracts
b. Real contracts
c. Solemn contracts
d. Nominate contracts
14. The following are the requisites for novation except:
a. a previous valid obligation
b. it can be presumed
c. capacity and intention of the parties to modify the obligation
d. the creation of a new valid obligation

15. a substitution that which takes place when a third person of his own initiative
and without the knowledge or against the will of the original debtor assumes the
latters obligation with the consent of the creditor.
a. expromision
b. delegacion
c. subrogation
d. substitution
16. These are particular stipulations, clauses, terms, or conditions established by
the parties in their contract.
a. accidental elements
b. natural elements
c. essential elements
d. special elements
17. these are presumed to exist in certain contracts unless the contrary is expressly
stipulated by the parties.
a. accidental elements
b. natural elements
c. essential elements
d. special elements
18. A is obliged to give B, at As option either object No. 1, object No. 2 or object No.
3. If all objects were lost thru As fault, which is correct?
a. the value of the first thing lost plus damages must be given to B
b. the value of the last thing lost plus damage must be given to B
c. the value of any of the things lost plus damage must be given to B
d. the obligation is extinguished.
19.

I. using the preceding number, if objects nos. 1 and 2 were destroyed by a

fortuitous event and later object no 3 is destroyed by As fault, A would still
be liable.
II. using the preceding number, if objects nos. 1 and 2 were destroyed by As
fault and later object no 3 is lost by fortuitous event, A would still be liable.
a. true, true

b. true, false

c. false, true

d. false false

20. A borrower agreed, that in case of non-payment of his debt, to render services
as a servant. Which of the following is not correct?
a. if the services will be rendered in satisfaction of the debt, the stipulation is
valid
b. if the services will be for free, the stipulation is void for being contrary to
law and morals
c. if the services will not be gratuitous, specific performance of the service
will be the proper remedy in case of non-compliance
d. should there be a valid stipulation as regards the rendition of services, an
action for damages
should be brought in case of non-compliance.
21. This is synonymous to solidary obligation

a. pro-rata
b. mancomunada
c. proportionate
d. juntos o separadamente
22. Using the preceding number, but the substitute is lost due to debtors faults,
which is true?
a. the obligation is extinguished
b. the debtor is liable for damages
c. the original prestation must be given
d. the debtor must give another object which is equally satisfactory.
23. instances where the law imposes solidary liability, except:
a. obligations arising from tort
b. obligations of bailees in commodatum
c. liability of principals, accomplices and accessories of a felony
d. liability of partners arising out of a contract
24. D is obligated to give J her necklace. If she fails to do so, she must give P5,000.
This is
a. alternative obligation
b. conjoint obligation
c. facultative obligation
d. obligation with a penal clause
25. The following are examples of circumstances which shall be considered to
determine whether undue influence has been exercised, except:
a. confidential, family, spiritual and other relations between the parties
b. physical weakness
c. ignorance
d. financial distress
26. S offered to sell to B a ring, claiming that the stone on the ring is diamond. S
knows that it is not diamond but ordinary glass. If B buys the ring, relying on the
truth of the representation of S, the sale may be annulled on the ground of:
a. undue influence
b. intimidation
c. violence
d. fraud
27.

I. A mere expression of an opinion does not signify fraud.

II. Misrepresentation by a third person does not vitiate consent.
a. true, true

b. true, false

c. false, true

d. false false

28. The court determines the amount of damages taking into consideration the
price of the thing and its sentimental value to the injured person
a. restitution

b. reparation
c. indemnification
d. starvation
29. The consequential damages suffered by the injured person and those suffered
by his family or third person by reason of the act
a. restitution
b. reparation
c. indemnification
d. starvation
30. Action to impugn or rescind acts or contracts done by the debtor to defraud the
creditors
a. accion reinvindicatoria
b. accion pauliana
c. accion subrogatoria
d. accion quanti-minoris