Since 1977
RFBT
First Pre-board (SET A)
1. A debtor may still be held liable for ·loss or
damages even if it was caused by a fortuitous
event in any of the following instances, except:
a. The debtor is guilty of dolo, malice or bad
faith, has promised the same thing to two or
more persons who do not have· the same
interest
b. The debtor contributed to the loss.
c. The thing to be delivered is generic.
d. The creditor is guilty of fraud, negligence or
delay or if he contravened the tenor of the
obligation.
2. In the morning of May 3, 2016, there was a
head-on collision between a taxi of the Malate
Taxicab driven by Pedro Fontanilla and a
carretela guided by Pedro Dimapalis. The
carretela was overturned, and one of its
passengers, 16-year-old boy Faustino Garcia,
suffered injuries from which he died two days
later. A criminal action was filed against
Fontanilla and right to bring a separate civil
action was reserved. Severino Garcia and
Timotea Almario, parents of the deceased,
brought an action against Fausto Barredo as the
sole proprietor of the Malate Taxicab and
employer of Pedro Fontanilla under Art. 2180 on
vicarious liability. It is undisputed that Fontanilla
's negligence was the cause of the mishap, as he
was driving on the wrong side of the road, and at
high speed. The court rendered judgment
ordering Fausto Barredo to pay Severino Garcia
and Timotea Almario for Damages. However
Fausto Barredo Question the decision of the
Court because the plaintiff did not show proof
that the assets of Pedro Dimapilis has been
exhausted.
a. The contention of Fausto Barredo is correct
because the liability of the employer under
the revised penal code is subsidiary.
b. The contention of Fausto Barredo is not
correct because Severino Garcia and Timoteo
Almario is recovering civil liability based on
quasi delict, and the Civil code provides that
the liability of the employer for the damage
caused by its employee is direct and primary.
c. The contention of Fausto Barredo is correct
because the liability of the employer together
with his employee is joint and subsidiary.
d. The contention of Fausto Barredo is not
correct because the liability of the employer
under the revised penal code is direct and
primary.
3. Which of the following action will prescribe in six
(6) years?
a. Unlawful detainer
b. Obligation arising from written contract
Page 1 of 7 www.prtc.com.ph
J. A. ONG
October 2019
c. Obligation arising from quasi contract
d. Obligation arising from quasi delict
4. Three of the following statements are true.
Which one is false?
a. Not only the parties, but their heirs and
assigns are bound by their contract.
b. Obligations arising from contracts have the
force of law between the contracting parties
and must be complied with in good faith.
c. Fraud committed in the performance of an
obligation gives the injured party the right to
annul the contract.
d. Generally, the debtor is not liable for the non-
performance of his obligation due to
fortuitous event.
5. There is no legal delay in
a. Positive personal obligation
b. Obligation to deliver determinate thing
c. Obligation to deliver indeterminate thing
d. Negative personal obligation
6. The remedy of specific performance is available
to the following:
I. Obligation to give a determinate thing
II. Obligation to give an indeterminate thing
III. Obligation to do
IV. Obligation not to do
a. I, II and III c. I and III
b. I and II d. I, II, III and IV
7. 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.
8. Buko, Fermin and Toti are solidary debtors of
Ayee. Twelve (12) years after the obligation
became due and demandable, Buko paid Ayee
and later on asked for reimbursement of Fermin's
and Toti's shares. Is Buko correct? Why?
a. No, because the obligation has already
prescribed.
b. Yes, because the obligation is solidary.
c. No, because in solidary obligation any one of
the solidary debtor·s can pay the entire debt.
d. Yes, because Fermin and Toti will be unduly
enriched at the expense of Buko.
RFBT. SET A
EXCEL PROFESSIONAL SERVICES, INC.
9. The distinction between alternative obligation and
facultative obligation is that in facultative
subrogation:
a. The right of choice is always belong to the
debtor
b. There are two or more object which are due
but the performance of one is sufficient to
extinguished obligation
c. The loss of one object by fortuitous event
does not extinguish obligation.
d. The right of choice as a rule is given to the
debtor unless it is expressly granted to the
creditor.
10. Which of the following statement about fraud is
not correct
a. The law does not allow waiver of an action for
future fraud.
b. Damages arising form fraud can not be
mitigated or reduced by the courts unlike
damages arising from negligence especially if
there is contributory negligence.
c. Waiver of past fraud is valid
d. Waiver of future fraud is valid
11. This obligation is never presumed. To exist it
must be provided for in the New Civil Code or in
some special law to be demandable:
a. Obligation ex lege
b. Obligation ex delicto
c. Obligation ex contractu
d. Obligation ex quasi delicto
12. When funeral expenses are borne by a third
person, without the knowledge of those relatives
who were obliged to give support to the
deceased, said relatives shall reimburse the third
person, should the latter claim reimbursement.
This is
a. Negotiorum gestio
b. Solutio indebiti
c. Nominate quasi contract
d. Innominate quasi contract
13. Which of the following is not a primary
classification of obligations according to the New
Civil Code?
a. Pure and conditional
b. Obligation with a period
c. Determinate and Generic
d. Obligation with a penal clause
14. The following are all factors vitiating consent,
except
a. Mistake c. Intimidation
b. Negligence d. Fraud
15. Which of these obligations is real in character?
a. To paint a house c. To write a book
b. To repair a car d. Answer not given
16. The following are grounds for liability in the
performance of the obligation, except?
a. Dolo incidente
b. Culpa aquiliana
Page 2 of 7 www.prtc.com.ph
c. Legal Delay
d. Contravention of the tenor of obligation.
17. Culpa levis under the Roman Law means:
a. Grave negligence
b. Ordinary negligence
c. Slight negligence
d. Super negligence
18. The following are juridical person. Which one is
not?
a. Partnership c. Corporation
b. Political subdivision d. Co-ownership
19. Dodgie owes Cathy the sum of P100,000
guaranteed by Josie. Sasy, a stranger to the
obligation offers to pay Cathy P100,000 and the
latter accept the offer of payment. However,
Dodgie already paid Cathy P45,000. The payment
by Sasy is with the consent of Dodgie. Sasy may
recover from Dodgie:
a. P100,000 and to subrogate to the guaranty
b. P55,000 and to subrogate to the guaranty
c. P100,000 but not entitled to subrogate to the
guaranty
d. P55,000 only because this is the only amount
redounded to the benefit of Dodgie.
20. Ms. Maputi agreed to live with Mr. Hukluban as
the wife of the latter without the benefit of
marriage in exchange for the monthly support of
thirty thousand (P30,000.00) that Mr. Hukluban
would give to Ms. Maputi. Both Mr. Hukluban
and Ms. Maputi are single, of legal age, and there
is no legal impediment for them to get married.
Their parents have no objections to the two
getting married. Based on the foregoing
information, which of the following statements is
true?
a. Mr. Hukluban may legally demand that Ms.
Maputi live with him as his wife.
b. Ms. Maputi may legally demand that Mr.
Hukluban give her the monthly support of
P20,000 that he had promised.
c. The agreement between Mr. Hukluban and
Ms. Maputi is valid because they can legally
get married if they want to.
d. The agreement between Mr. Hukluban and
Ms. Maputi is void for being contrary to
morals.
21. The following are the requisites of fortuitous
event, except:
a. The cause is independent of the will of the
debtor.
b. The event is unforeseeable/unavoidable.
c. Occurrence renders it absolutely impossible
for the debtor to fulfill his obligation in a
normal manner; impossibility must be
absolute not partial, otherwise not force
majeure.
d. The debtor contributed to the aggravation of
the injury to the creditor
22. The following contracts may be ratified, except:
RFBT. SET A
EXCEL PROFESSIONAL SERVICES, INC.
a. A contract of lease between a minor and an
insane
b. A contract of loan between a minor and a
capacitated person
c. A contract of sale entered into by a guardian
on behalf of his ward when the ward whom he
represent suffered a lesion of more than ¼.
d. A contract of sale involving a future
inheritance
23. D asked C if the latter can grant him loan of
P50,000.00 payable in one year plus 12%
interest and C nodded his head. The contract of
loan is in the stage of:
a. Negotiation c. consummation
b. perfection d. Termination
24. A and B were partners. A mortgaged his right in a
certain specific partnership property. Later the
firm creditor wanted to get said property. Who
should prevail, the firm creditor or the
mortgagee?
a. The firm creditors, for the mortgaged in
specific partnership property is void, B not
having assigned his right.
b. The mortgagee because the mortgaged is
perfectly valid
c. The firm creditor is entitled to the property
provided the mortgagee waive his right in the
mortgaged property
d. The mortgagee because the right to specific
partnership property is assignable.
25. A, B, C, D, E and F were solidary debtors
of G to the amount of P270,000. Later in an
agreement with B, C, D, E and F, the debt was
reduced by G to P225,000. G sued A. Because of
the partial remission, A was made to pay only
P225,000. How much can A recover from the
other solidary debtors?
a. 1/6 of P270,000 from each plus interest
from the time of payment.
b. 1/6 of P225,000 from each plus interest
from the time of payment.
c. 1/5 of P270,000 from each plus interest
from the time of payment.
d. 1/6 of P225,000 from each plus interest
from the time of payment.
26. Which of the following is void?
a. Obligation with resolutory condition wherein
the fulfillment of the condition depend upon
the sole will of the debtor
b. Obligation with resolutory condition wherein
the fulfillment of the condition depend upon
the will of the creditor.
c. Obligation with suspensive condition wherein
the fulfillment of the condition depend upon
the sole will of the debtor
d. Obligation with suspensive condition wherein
the fulfillment of the condition depend upon
the will of the creditor.
27. It is the right of the active subject to demand
performance to a definite passive subject?
Page 3 of 7 www.prtc.com.ph
a. Jus ad rem c. Jus in re
b. Real right d. jus utendi
28. In obligation subject to suspensive condition,
once the condition has been fulfilled, shall
retroact to the day of the constitution of the
obligation. This automatic retroactive effect apply
to
a. Obligation to give c. Obligation not to do
b. Obligation to do d. All of them
29. The following must comply the form prescribed
by law to be valid except?
a. Donations of immovable property with a value
of P100,000
b. Donation of movable property with value of
P10,000
c. Stipulation of interest in a contract of loan.
d. Contract of carriage
30. The following are rescissible contracts, except:
a. Entered into by guardian whenever ward
suffers damage more than ¼ of value of
property.
b. Agreed upon in representation of absentees,
if absentee suffers lesion by more than ¼ of
value of property.
c. Contracts where fraud is committed on
creditor (accion pauliana.).
d. Contracts entered into by minors.
31. On January 5, 2016, Jeac wrote Lilibeth a letter,
offering to sell his only house and lot in Bocaue
Bulacan for P1,000,000 and the letter of offer
was received by lilibeth on January 9, 2016. On
January 10, 2016, Lilibeth wrote a letter of
acceptance, which was received by Jeac on
January 15, 2016. Under theory of manifestation
the contract is perfected on
a. January 9, 2016
b. January 10, 2016
c. January 15, 2016
d. January 10 or 15 2016 at the option of
Lilibeth
32. X University granted Mr. Cui scholarship but
required the latter to sign voluntary a contract
which reads as follows: “In consideration of the
scholarship granted to me by X University, I
hereby waive my right to transfer to another
school without having refunded to the University
the equivalent of my scholarship cash. Sgd (Mr.
Cui). The agreement between X university and
Mr. Cui is
a. Void being contrary to Moral
b. Void being contrary to public policy
c. Valid because the contract has the force of
law between the contracting parties and it
must be complied with in good faith.
d. Valid. X University may compel Mr. Cui to pay
damages in case of breach.
33. Which of the following is not an obligation with a
period
a. "Payable soonest"
b. An obligation payable little by little
c. Payable "within 2 years from today"
d. None of the above
RFBT. SET A
EXCEL PROFESSIONAL SERVICES, INC.
34. A conferment of a direct benefit in a contract
between two persons in favor of a third person
who must accept such benefit before the same is
withdrawn is known as:
a. Stipulation por autrui
b. Policitacion
c. Pactum reservati dominii
d. Counter-offer
35. An incidental element of a contract
a. Implied warranty against eviction
b. Payment of interest in a loan
c. Delivery of the object in contract of pledge
d. All of the above
36. Which of the following is an accessories?
a. House on a land
b. Trees on a land
c. Key to a house
d. Alluvium
37. A obliged himself to deliver specific car to B on
October 15, 2016. However A failed to deliver the
car on October 15, 2016 after B made a demand.
In this case A is already:
a. Ordinary delay
b. Mora solvendi ex re
c. Mora solvendi ex persona
d. Mora accipiendi
38. The following are the remedies of the creditor
against the debtor in positive personal
obligation, except:
a. Specific performance
b. Action for damages
c. To ask third person to perform at the expense
of the debtor, if the obligation is not strictly
personal
d. Answer not given
39. Crimson Corp., a retail chain, asked Alberto
Construction to fix a broken window at one of
Crimson’s stores. Alberto offered to make the
repairs within three days at a price to be agreed
on after the work was completed. A contract
based on Alberto’s offer would fail because of
indefiniteness as to the
a. Price involved.
b. Nature of the subject matter.
c. Parties to the contract.
d. Time for performance.
40. On September 10, Honey Inc., a new car dealer,
placed a newspaper advertisement stating that
Honey would sell ten cars at its showroom for a
special discount only on September 12, 13, and
14. On September 12, Korny called Honey and
expressed an interest in buying one of the
advertised cars. Korny was told that five of the
cars had been sold and to come to the showroom
as soon as possible. On September 13, Honey
made a televised announcement that the sale
would end at 10:00 PM that night. Korny went to
Honey’s showroom on September 14 and
demanded the right to buy a car at the special
discount. Honey had sold the ten cars and
Page 4 of 7 www.prtc.com.ph
refused Korny’s demand. Korny sued Honey for
breach of contract. Honeys’ best defense to
Korny’s suit would be that Honey’
a. Offer was unenforceable.
b. Advertisement was not an offer.
c. Television announcement revoked the offer.
d. Offer had not been accepted.
41. On February 12, 2016 Horny sent Fucky a written
offer to purchase Fucky’s land. The offer included
the following provision: “Acceptance of this offer
must be by registered or certified mail, received
by Horny no later than February 18, 2016 by
5:00 p.m..” On February 18, 2016, Fucky sent
Horny a letter accepting the offer by private
overnight delivery service. Horny received the
letter on February 19, 2016.
Which of the following statements is correct?
a. A contract was formed on February 19, 2016.
b. Fucky’s letter constituted a counteroffer.
c. Fucky’s use of the overnight delivery service
was an effective form of acceptance.
d. A contract was formed on February 18, 2016
regardless of when Horny actually received
Fucky’s letter.
42. Karen, an art collector, promised Henry, an art
student, that if Henry could obtain certain rare
artifacts within two weeks, Karen would pay for
Henry’s postgraduate education. At considerable
effort and expense, Henry obtained the specified
artifacts within the two-week period. When Henry
requested payment, Karen refused. Karen
claimed that there was no consideration for the
promise. Henry would prevail against Karen
based on
a. Unilateral contract.
b. Unjust enrichment.
c. Public policy.
d. Quasi contract.
43. On June 27, 2016 Gokou sent Vegeta a letter
offering to sell Vegeta a vacation home for
P15,000,000. On July 2, 2016 Vegeta replied by
mail agreeing to buy the home for P14,500,000.
Gokou did not reply to Vegeta. Do Vegeta and
Gokou have a binding contract?
a. No, because Vegeta failed to sign and return
Gokou’s letter.
b. No, because Vegeta’s letter was a
counteroffer.
c. Yes, because Gokou’s offer was validly
accepted.
d. Yes, because Gokou’s silence is an implied
acceptance of Vegeta’s letter.
44. Compensation is not proper when the debts
arises in the following case except
a. Depositum
b. Obligation of a depositary
c. Simple loan
d. Commodatum
45. Which of the following, if intentionally misstated
by a seller to a buyer, would be considered a
fraudulent inducement to make a contract?
RFBT. SET A
EXCEL PROFESSIONAL SERVICES, INC.
a. Nonexpert opinion
b. Appraised value
c. Prediction
d. Immaterial fact
46. Which of the following is not a contract of
adhesion?
a. Contract of insurance
b. Contract of sale of lots on installment plan
c. Contract of Agency
d. Warehouse receipts
47. Carlito offered by letter on January 1, 2016 to
sell his only Canon printer to Malou for P10,000.
Malou received the letter of offer on January 10,
2016 and sent a letter of accepted on the same
date. The letter of acceptance was received by
Carlito on January 20, 2016. However, on
January 12, 2016, Malou had already written a
letter revoking the acceptance. The letter of
revocation was received by Carlito on January 19,
2016.
a. There is meeting of the mind upon the thing
which is the subject matter of the contract of
sale and as to the cause which is the price.
b. There is no meeting of the mind because the
acceptance was already revoked by Malou
and it was received by Carlito ahead of the
letter of acceptance.
c. There is already meeting of the mind since
there is already acceptance made by Malou
hence, the subsequent revocation is
immaterial.
d. There is no meeting of the mind because
there is revocation and therefore it constitute
non willingness to be bind in a contract.
48. D asked C if the latter can grant him loan of
P50,000.00 payable in one year plus 12%
interest and C nodded his head. The contract of
loan is in the stage of:
a. Generacion c. Consummation
b. Perfection d. Termination
49. Noli agreed orally with Troy to sell his specific
house and lot for P1,00,000. Troy sent Noli a
signed agreement and a downpayment of
P100,000. Noli did not sign the agreement, but
allowed Troy to move into the house. Before
closing of the sale, Noli refused to go through
with the sale. Troy sued Noli to compel specific
performance. Under the provisions of the Statute
of Frauds
a. Train will win because Train signed the
agreement and Nolan did not object.
b. Train will win because Train made a
downpayment and took possession.
c. Nolan will win because Nolan did not sign the
agreement.
d. Nolan will win because the house was worth
more than P500.
50. Anna, who was sixteen years old, purchased an
P80,000 computer from Elsa Electronics. On
several occasions Anna returned the computer to
Elsa for repairs. Anna was very unhappy with the
Page 5 of 7 www.prtc.com.ph
computer. Two days after reaching the age of
eighteen, Anna was still frustrated with the
computer’s reliability, and returned it to Elsa,
demanding an P80,000 refund. Elsa refused,
claiming that Anna no longer had a right to
disaffirm the contract. Elsa’s refusal is
a. Correct, because Anna’s multiple requests for
service acted as a ratification of the contract.
b. Correct, because Anna could have transferred
good title to a good-faith purchaser for value.
c. Incorrect, because Anna disaffirmed the
contract and the action for annulment is not
prescribe.
d. Incorrect, because Anna could disaffirm the
contract at any time.
51. Carlos agreed orally to repair Ives’ rare book for
P450. Before the work was started, Ivan asked
Carlos to perform additional repairs to the book
and agreed to increase the contract price to
P650. After Carlos completed the work, Ivan
refused to pay and Carlos sued. Ivan’ defense
was based on the Statute of Frauds. What total
amount will Carson recover?
a. P0 c. P450
b. P200 d. P650
52. Judicial cost as a rule are chargeable to
a. The plaintiff
b. The defendant
c. Equally between the plaintiff and the
defendant
d. The losing party
53. Which of the following is a valid payment?
a. Payment to stranger
b. Payment by pa person with no free disposal of
the thing due and capacity to alienate.
c. Payment by third person with or without
consent of the debtor but with acceptance by
the creditor.
d. Payment to incapacitated person
54. Statement 1: The contract is consummated when
the parties come to a definite agreement or
meeting of the mind upon the object and the
cause.
Statement 2: The contract is in the stage of
generacion when the parties already performed
their respective obiigation.
a. First statement is true; second statement is
false.
b. First statement is false; second statement is
true.
c. Both statements are true.
d. Both statements are false
55. The freedom of contract is
a. A constitutional right
b. Statutory right
c. Both constitutional and statutory right
d. Neither constitutional or statutory right.
56. Which of these is a formal contract?
a. Donation of real property with value of
P50,000
RFBT. SET A
EXCEL PROFESSIONAL SERVICES, INC.

b. A contract of partnership wherein any partner Statement 4: As a rule, the creditor has a right to
contribute an immovable property. the fruits of the thing from the time the thing is
c. Both of (a) and (b) delivered to the creditors.
d. None of (a) and (b)
a. Only one statement is true
b. Two statements are true
57. Which of the following is principal contract
c. Three statements are true
a. Guaranty c. Pledge
d. All statements are true
b. Suretyship d. Commodatum
63. D and C agreed that prior to the delivery of D’s
58. The following contract must be in a public
only dog name Brownie, D should keep it in the
instrument for purpose of convenient. Which is
dog house, feed it four times a day, give it a bath
the exception:
six times a week and make it stroll every
a. Donation of real property
morning for at least two hours. D should
b. Repudiation of hereditary right
therefore, take care of Brownie:
c. Power to administer property
a. with ordinary care only
d. Cession of conjugal partnership of gain.
b. according to stipulation
c. with extraordinary diligence of a good father
59. Annulment is a proper remedy under the
of the family.
followings, except:
d. with the proper diligence of a good father of
a. Dolo causante
the family
b. Incidental fraud
c. Serious and irresistible force is employed in
64. This obligation is not presumed?
obtaining consent.
a. Obligation arising from law
d. One of the parties is incapable of giving
b. Obligation arising from contract
consent.
c. Obligation arising from quasi contract
d. Obligation arising from delict
60. The following condition are physically impossible,
except?
65. Which of the following statement is not correct?
a. To make a dead man live
a. Every obligation whose performance does not
b. To make a circle that is at the same time a
depend upon a future or uncertain event, or
square
upon a past event unknown to the parties, is
c. To deliver 1 tons of soil from Pluto
demandable at once.
d. To kill X
b. When the debtor binds himself to pay when
his means permit him to do so, the obligation
61. A is obliged to give B this car or this truck or this
is conditional.
race horse. Nothing is said in the contract as to
c. Every obligation which contains a resolutory
who was given the right of choice. Suppose B
condition shall also be demandable, without
select the car is A bound by the choice made?
prejudice to the effects of the happening of
a. Yes, A is bound by the choice made because it
the event.
is not A but B who in the absence of the
d. In conditional obligations, the acquisition of
stipulation, is given the right to choose the
rights, as well as the extinguishment or loss
object he desires to give.
of those already acquired, shall depend upon
b. No, A is not bound by the choice made
the happening of the event which constitutes
because it is not A but B who in the absence
the condition.
of the stipulation, is given the right to choose
the object he desires to give.
66. S sold his Honda car with Plate No. XYZ 456 to B
c. Yes, A is bound by the choice made because it
for P800,000.00. When the car was delivered to
is not B but A who in the absence of the
B, he found out that the stereo and air-
stipulation, is given the right to choose the
conditioning unit of the car were no longer there.
object he desires to give.
Does S have the right to remove the car’s stereo
d. No, A is not bound by the choice made
and air-conditioning unit?
because it is not B but A who in the absence
a. Yes, because S is the seller.
of the stipulation, is given the right to choose
b. No, because when what is to be delivered is a
the object he desires to give.
specific thing, accessions and accessories are
deemed included even though not mentioned.
62. Statement 1. The law does not allow waiver of an
c. Yes, because those things are not included in
action for future fraud.
the sale.
Statement 2. Damages arising from fraud cannot
d. No, because when the thing to be delivered is
be mitigated or reduced by the courts unlike
a generic thing, accessions and accessories
damages arising from negligence especially if
are included even though not mentioned.
there is contributory negligence.
Statement 3: Unless the law or stipulation of the
67. Which of the following statement is correct?
parties requires another standard of care, the
a. In an obligation subject to suspensive
debtor is obliged to take care of the thing with
condition, the fulfillment of the condition
the proper diligence of a good father of a family.

Page 6 of 7 www.prtc.com.ph RFBT. SET A

EXCEL PROFESSIONAL SERVICES, INC.
depend upon the sole will of the debtor is
void.
b. In an obligation subject to suspensive
condition, the fulfillment of the condition
depend upon the will of the creditor is void.
c. In an obligation subject to resolutory
condition, the fulfillment of the condition
depend upon the sole will of the debtor is
void.
d. In an obligation subject to resolutory
condition, the fulfillment of the condition
depend upon the will of the creditor is void.
68. Don agreed in writing to give all his CPA review
materials to Chris if he passes the October 2019
CPA Board Examinations. In the October 2019
CPA Board Exam, Don took the examination on
the first Sunday, but he did not report any more
in the succeeding examinations. Can Chris
compel Don to give his CPA review materials to
him?
a. Yes, because the condition in this case shall
be deemed fulfilled.
b. Yes, because their agreement is in writing
and it is valid and enforceable.
c. No, because the condition was not fulfilled.
d. No, because the condition in this case will
never happen.
69. Which of the following statement is not correct?
a. A solidary creditor can assign his rights
without the consent of the others.
b. Each one of the solidary creditors may do
whatever may be useful to the others, but not
anything which may be prejudicial to the
latter.
c. The creditor may proceed against any one of
the solidary debtors or some or all of them
simultaneously.
d. Solidarity may exist although the creditors
and the debtors may not be bound in the
same manner and by the same periods and
conditions.
70. When penalty can be enforced?
a. When the principal obligation is void
b. The obligation cannot be fulfilled due to
fortuitous event
- end -
Page 7 of 7 www.prtc.com.ph
c. There is a breach of obligation
d. When the penalty is contrary to moral
71. When the penalty takes the place of damages?
a. Punitive penal clause
b. Joint penal clause
c. Subsidiary penal clause
d. Compensatory penal clause
72. Calayan promised to construct a house for
Kristina. The contract carried a penal clause that
in case of non performance, Calayan must pay a
penalty of P70,000. Calayan failed to construct
the house and, as a consequence, Kristina
suffered damage in the amount of P50,000.
However, Kristina can prove that the damages
suffered by her is P80,000. Kristina can recover a
penalty of:
a. P70,000 c. P80,000
b. P50,000 d. P120,000
73. When the obligation modified its object and also
the principal conditions?
a. There is real novation
b. There is personal novation
c. There is mixed novation
d. There is delegacion
74. Statement 1: Whenever the thing is lost in the
possession of the debtor, it shall be presumed
that the loss was due to his fault.
Statement 2: The debtor in obligation to do shall
also be released when the presentation becomes
legally or physically impossible without the fault
of the obligor.
a. First statement is true; second statement is
false.
b. First statement is false; second statement is
true.
c. Both statements are true.
d. Both statements are false
75. Which of the following debt may be the subject of
compensation?
a. Only perfectly valid debt
b. Only valid, rescissible, voidable and
unenforceable debts
c. Only valid, rescissible and voidable debts
d. Only valid and rescissible debts.
RFBT. SET A