The following are synonyms for Joint obligations except.

Mancomunada solidaria Defenses available to solidary debtors derived from the

Mancomunada nature of the obligation, except:
Mancomunada simple All debtors are incapacitated
Pro-rata Condonations
All of the above Compensation
Prescription
Payment made to a third person shall be valid if after Vitiated consent
payment, the third person acquires the creditor’s right.
True
Ben bind himself to deliver Benjamin 10 kilos of Dried
Payment or performance can be made in any places Tomatoes on December 30, 2009. Unfortunately Ben
agreed by the parties. was able to deliver only 5 kilos and Benjamin accepted
True the same without protest.
Ben obligation is extinguished by way of Payment or
Novation is a special kind of extinguishment of performance though partially performed.
obligation. Peter, Pedro, and Pete, pro rata debtors owe Eighteen
True Thousand Pesos (₱ 18,000.00) to Paul, Pilo, and Paulo,
solidary creditors. How much can be collected from
Popoy execute a Promissory Note in favor of Piolo and Peter?
said promissory note is negotiated by Piolo and Six Thousand Pesos (₱ 6,000.00)
subsequently is indorsed in favor of Popoy. The
obligation to pay the promissory note is thereby The following are the modes of extinguishment of an
extinguished, because there is: obligation except.
Confusion or merger Fulfillment of suspensive condition
Rescission
Ten, Tin and Ton secured a loan from Tito the promissory Compromise
note they executed read us follows: Compensation
“We promise to pay Tito or order Five Thousand Pesos (₱ Annulment
5,000.00) on December 5, 2009, (Sgd) Ten, Tin and
Ton. The obligation is: When both debts are rescisible or voidable they can be
Joint compensated against each other after they are judicially
rescinded.
Rico, Rica, and Ric secured a loan from Darwin. The False
promissory note which evidence the obligation states: “I
promised to pay Darwin or order Ten Thousand Pesos (₱ Modification or change of parties or object.
10,000.00) payable on demand”. (Sgd.) A, B, C. The Novation
obligation is: Confusion
Solidary Merger
Compensation
When the characters of the creditor and the debtor are
merged in one and the same person, there is Solidary Debtor Angel and Angelo owes Carlo and Carla
extinguishments of the obligation by: solidary creditor ₱ 100,000.00 payable on September 30,
Merger 2009. In another obligation Carla owes Angel ₱
100,000.00 payable also on September 30, 2009. This is
One which takes place by the agreement of the original what kind of Extinguishment of obligation.
creditor, the third person substituting the original Compensation
creditor and the debtor
Conventional subrogation Currency which a debtor can compel a creditor to accept
payment.
The parties may agree upon the compensation of debts Legal tender
which are not yet due.
True

Jose, CPA
A owes solidary creditors X, Y, Z Ten Thousand Pesos (₱ Arthur obliged himself to Art that he will deliver 0.1 gram
10,000.00). There is remission of the debts when: of shabu a prohibited drug on August 30, 2020, if not, he
Z makes a will giving the Ten Thousand Pesos (₱ is liable to pay 1.00 as penalty?
10,000.00) debt to A as legacy Both Arthur and Art be prosecuted in the court of law
as their agreement is void.
ABC are individually and collectively creditors of X for Ten
Thousand Pesos (₱ 10,000.00). A makes a will, giving the A, B, and C solidarily bound themselves to deliver to X a
Ten Thousand Pesos (₱ 10,000.00) debt to X as Honda Motorcycle. The obligation was not fulfilled
legacy. The obligation is extinguished by: through the fault of A, thereupon, X filed an action in
Remission court against C and the court awarded Thirty Six
Thousand Pesos (₱ 36,000.00) to X. Which of the
Nonoy, Ninoy and Cory are individually and collective following situation is valid?
creditors of Kris for ₱ 100,000.00. Nonoy, Ninoy and Cory X can collect the whole amount of Thirty Six Thousand
donated the One Hundred Thousand Pesos (₱ Pesos (₱ 36,000.00) from C. Then C can ask
100,000.00) debt to Kris. The obligation is extinguished reimbursement from A the whole amount paid.
by
Remission One is not a requisite needed in order that the obligation
shall be extinguished by loss or destruction of the thing
Is the act of depositing the thing or amount due with the due:
proper court when the creditor does not desire or cannot When generic thing is lost.
receive it, after complying with the formalities required When the thing is lost without the fault of the debtor.
by law. When the thing lost is specific.
Consignation When the thing is lost before the debtor incurred in delay

Ann, Anna and Annie obliged themselves to give Anne a When two persons in their own right are reciprocally
Accer Notebook with Serial No. 0058 valued at ₱ creditors and debtors of each other and extinguishes
120,000.00 on December 1, 2009. On its due date Anna both debts to the concurrents amount, this is known as:
is insolvent but Ann and Annie are willing to comply their Compensation
obligation. What would be their liability?
₱ 40,000.00 each To whom can solidary creditor demand payment, if there
two or more solidary debtors.
Which one of the following is not an element of legal All of the debtors
compensation? Some of the debtors
There is controversy or adverse claim over any other One debtor only
debts to be compensated. All of the above
There are two persons who are creditors or debtors of
each other. Pepe and Pilar are mancomunada solidaria debtors of
Debts to be compensated are due and demandable. Jose, Joey, and John joint creditors to the amount of
There are two or more debts of the same kind. Thirty Thousand Pesos (₱ 30,000.00). How much can
Joey collect from Pepe?
Is a kind of compensation, wherein one party can claim Joey can collect Ten Thousand Pesos (₱ 10,000.00) from
compensation, the other cannot. Pepe.
Facultative
If the creditor to whom tender of payment has been
Change of both the parties and object. made, refuses without just cause to accept it, the debtor
1. Real Novation shall be released from responsibility by:
2. Personal Novation Consignation of the thing or sum due
3. Confusion
4. Compensation It is the process by which a debtor transfer all the
5. Both 1 and 2 properties not subject to execution in favor of his
Answer not stated creditors so that the latter may sell them and apply the
proceeds to their creditor.
Cession in Payment

Jose, CPA
Which of the following is not a special mode/form of Contract that is effective between the contracting
payment? parties, their heirs and assigns and any person having a
Novation direct interest.
Consignation relativity
Dacion en Pago
Application of payment The second stage of a contract whereby both parties
Cession having reach a meeting of minds relative to offer and
acceptance
It is the principle in a contract that the object itself Perfection
agreed upon must be delivered
Identity of prestation Parties may establish such stipulations, clauses, terms
and conditions as they may deem convenient, provided
It is a contract that is legal and in accordance with law. they are ___________________________.
Valid Contract Not contrary to law, morals, good customs, public order,
or public policy.
WHICH OF THE FOLLOWING IS NOT AN ELEMENT OF
CONSENT It is an state of temporary period of sanity
Acceptance Lucid interval
Plurality of subjects
Capacity Which of the following contracts is void?
Express or tacit manifestation of the will Ivone verbally authorized KC to sell a condominium unit
Intelligent and free will and the latter signed a Deed of Sale
Conformity of the internal will and its manifestation
It is a contract where the action or defense for its
A Deed of Sale for a house and lot owned by Alex for 60% declaration of its inexistence does not prescribe.
of its market value due to dire necessity is – Void
Valid
CHARACTERISTIC OF RESCISSION, except:
It is one of the essential elements of an obligation The action for rescission is primarily; it can be instituted
an object or prestation when the party suffering damage
Rescission can be carried out only when he who demands
It is the essential reason or purpose which the rescission can return whatever he may be obliged to
contracting parties have in view at the time of entering restore
into a contract. Rescission shall be only to the extent necessary to cover
OBJECT the damages caused.
Rescission creates the obligation to return the thing
It is purely personal or private reason which a party has which were the object of the contract, together with
in entering into a contract. It is different from the cause their fruits, and the price with its interest;
of the contract.
Motive The subject matter of a valid contract are
All of the above
It is a contract whereby there is designation. Rights or credits
Nominate Things
Services
If the terms of a contract are clear and leave no doubt
upon the intention of the contracting parties, the literal Ratification shall have retroactive effect and cleanses the
meaning of its stipulations shall control. contract from the time it was
TRUE Constituted

Statement A: if a contract is not in writing, it is not a

contract at all.
Statement B: A contract of sale must always be in writing.
Both statements are false

Jose, CPA
Max threatened Bryan to marry Max’s daughter. After a Fraud by concealment
year, Bryan would like to file action for annulment but The following are classes of elements of a contract,
could not do so because Max was around to harass him. except
The marriage contract is Legal Elements
Voidable Accidental elements
Essential elements
THE FOLLOWING PERSONS ARE UNABLE TO GIVE Natural elements
CONSENT, EXCEPT:
Married woman
Deaf-mute who does not know how to write The following are characteristics of consent except
Incompetent under guardianship Reasonable
Insane or demented person Intelligent
Those suffering from civil interdiction Free and voluntary
Conscious
Misrepresentation in good faith
Mistake A donation of a one-hectare property in favor of the local
government unit of Angeles City is classified as a:
Ron, an Ace Hardware salesman, promotes an all- Formal contract
purpose cleaner to Don. Ron even demonstrated that the
all-purpose cleaner can even clean all the sins of the Innominate contract.
world to which Don fell for hook, line and sinker. Don Do ut des
bought 2 bottles of the cleaner the next day. What is the
status of the contract? It takes place when the parties do not intend to be bound
Valid at all by their agreement
Absolutely Simulated Contract
Which of the following do not belong to the group?
Perfection WHICH OF THE FOLLOWING IS NOT A CAUSE OF
Mutuality VITIATION OF CONSENT
Autonomy RELATIONSHIP
Relativity FRAUD
VIOLENCE
Carl sold residential land to Angel. Angel paid the INTIMIDATION
consideration. Angel wanted to register the sale at the UNDUE INFLUENCE
Register of Deeds, the register of deed refuses to register
it and required the presentation of the certificate of
capital gains tax payment. What can Angel do?
Angel may compel Carl to pay the capital gains tax and
secure the Certificate of Capital Gains Tax payment

A contract is at the stage of birth when

There is meeting of the minds

Stage of contract whereby both parties have faithfully

and fully complied with their respective obligations
Consummation

It is manifested by the meeting of the offer and

acceptance upon the thing and the cause which are to
constitute the contract
CONSENT

A failure to disclose facts when party is duty bound to do

it under confidential relations is called

Jose, CPA