596 + Mcqs in Philippines Civil Law Society Page 5 McqOptions

201.	P appointed A, his agent for the purpose of selling the former s car for P500,000.00. A sold the car in his name to B. After delivery, it was found out that the car has hidden defects which rendered the car unfit for the purpose of B. Can B file an action against P even if A acted in his own name?
A.	No, because the legal principle than becomes applicable is caveat emptor.
B.	Yes, because while the agent acted in his own name but the agency involves a thing belonging to the principal.
C.	No, since in the law on agency, the Rule is that if the agent acted in his name, the principal is bound to the third person and the third person does not become bound to the principal.
D.	No, because the contract is already perfected and executed.
Answer» C. No, since in the law on agency, the Rule is that if the agent acted in his name, the principal is bound to the third person and the third person does not become bound to the principal.

Discussion

202.	A & B entered into a contract of sale over A s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
A.	A cannot recover the car anymore because B has become the owner by virtue of delivery.
B.	A can recover the car from C because he was unlawfully deprived.
C.	A cannot recover from C because he is a buyer in good faith and for value.
D.	A s only remedy is to file an action for sum of money against B.
Answer» C. A cannot recover from C because he is a buyer in good faith and for value.

Discussion

203.	Jose went to visit Pablo, a friend one Sunday morning where a card game was going on. Jose joined the game and lost P50,000. He became indebted to the winner for P10, 000 more. Which among the following statements is not correct?
A.	The winner cannot maintain an action to collect the P10,000.
B.	Jose may recover P50,000 from the winner with legal interest from the time he paid the amount lost.
C.	Jose may recover P50,000 from the winner but without legal interest.
D.	If Jose refuses to recover from the winner, the spouse of Jose may institute the action to recover.
Answer» D. If Jose refuses to recover from the winner, the spouse of Jose may institute the action to recover.

Discussion

204.	Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million.
A.	The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the passive subject and the juridical tie is the contract.
B.	The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.
C.	The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law.
D.	The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the prestation is the delivery of the car and the juridical tie is the contract.
Answer» C. The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law.

Discussion

205.	Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard?
A.	Jose has no right.
B.	Jose has a personal right.
C.	Jose has a real right.
D.	Jose has both a personal and a real right.
Answer» B. Jose has a personal right.

Discussion

206.	A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable?
A.	The parents of B are liable.
B.	The school is liable.
C.	The teacher is liable regardless of the nature of the school.
D.	The teacher is not liable because the school is not a school of arts and trades.
Answer» D. The teacher is not liable because the school is not a school of arts and trades.

Discussion

207.	The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.
A.	True
B.	False
C.	None of the above
D.	all
Answer» C. None of the above

Discussion

208.	When A promises to deliver to B any car, he has the obligation to preserve his car with due car.
A.	True
B.	False
C.	None of the above
D.	all
Answer» C. None of the above

Discussion

209.	A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable?
A.	C can hold A liable alone as he is the registered owner of the car;
B.	C can sue A and B as they are solidarily liable;
C.	C can sue B alone as the execution of the document of sale and delivery of the car conferred ownership upon him;
D.	C can sue B, but A can file a third party complaint against B for reimbursement if he is adjudged liable.
Answer» E.

Discussion

210.	A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?
A.	The teacher is not liable because the school is not a school of arts and trades.
B.	The teacher is liable regardless of the nature of the school but can prove the diligence of a good father of a family.
C.	The school, administrators and the teacher are solidarily liable for their negligence.
D.	The parents are solidarily liable because of their failure to observe due diligence in the custody of their child, since the parents should be the first teachers of their children.
Answer» C. The school, administrators and the teacher are solidarily liable for their negligence.

Discussion

211.	It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.
A.	accion subrogatoria
B.	novation
C.	accion pauliano
D.	none of the above
Answer» C. accion pauliano

Discussion

212.	ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages?
A.	The patient s heirs can sue the doctor alone for his negligent act.
B.	The heirs can sue the hospital alone.
C.	The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.
D.	The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable.
Answer» D. The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable.

Discussion

213.	A and B are partners in A & B Partnership. A owns two parcels of land which he contributed to the partnership. B owns six trucks which he contributed to the partnership. The profits of the land and the trucks were also included as contributions. The properties contributed are all what A and B own. The partnership is:
A.	Universal
B.	Universal partnership of all present property
C.	Universal partnership of all profits
D.	Particular partnership
Answer» C. Universal partnership of all profits

Discussion

214.	The nature of action in Quieting of Title is in personam.
A.	No, because the subject of the case is always a real property.
B.	No, because the decision in the case is enforceable against the whole world.
C.	Yes, provided the subject is a personal property.
D.	Yes, because the decision is enforceable only against the litigating parties.
Answer» E.

Discussion

215.	A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?
A.	Yes, because the contract is the law between the parties;
B.	Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0;
C.	Yes, with respect to both the building and the machinery because of the principle of liberty of contracts;
D.	No, C is not bound at all because he is not a party to the contract.
Answer» C. Yes, with respect to both the building and the machinery because of the principle of liberty of contracts;

Discussion

216.	Nik sold to Paul a real property payable in monthly installments within a 5 year period, Paul was only able to pay 14 monthly installments, after the 60 day grace period and after 30 days of Paul s receipt of the notice and letter calling for the rescission of the contract Nik rescinded the same. Paul contended that there was an automatic rescission done by Nik, hence, the same was void. Give the best answer.
A.	The rescission done by Nik was in faithful compliance with the Maceda Law, as the grace period and the sending of notices was complied before rescission
B.	The rescission done by Nik was void as it fell short on compliance with the law, as the notices sent by the latter would not suffice the requirement of a notarial act.
C.	Paul has a right to demand payment for damages caused by the automatic rescission done by Nik, the same being void under RA6552
D.	Answer not given
Answer» C. Paul has a right to demand payment for damages caused by the automatic rescission done by Nik, the same being void under RA6552

Discussion

217.	A obtained a loan from B secured by a mortgage over his house & lot. B failed to pay hence, A foreclosed the mortgage but it was sold for less than the amount of the obligation. Can B recover the deficiency?
A.	A cannot recover the deficiency because the law on pledges are applicable to the law on mortgages where there is a prohibition against recovery of deficiency.
B.	A can recover the deficiency as there is nothing in the law that prohibits the same.
C.	A can appropriate the object because the contract provides for it.
D.	A can sue B for sum of money and foreclose the mortgage if B cannot pay the judgment obligation.
Answer» C. A can appropriate the object because the contract provides for it.

Discussion

218.	A sold his house and lot to B for P10M payable in 10 monthly installments. B paid P9M but failed to pay the last installment. What is the remedy of A?
A.	Can file an action to declare the contract void;
B.	Can file an action to rescind the contract;
C.	Can file an action to enforce and collect the balance;
D.	Can file an action to rescind.
Answer» D. Can file an action to rescind.

Discussion

219.	A obtained a loan from B. To secure the payment of the obligation, A delivered the warehouse quedans to B and authorized him to sell the sugar in case of default. The warehouse and the sugar were burned. Who bears the loss?
A.	B bears the loss because he became the owner of the sugar when the quedans were delivered to him;
B.	B because of the principle of res perit domino;
C.	By reason of the principle of res perit domino A bears the risk of loss;
D.	B because of the constructive delivery of the sugar.
Answer» D. B because of the constructive delivery of the sugar.

Discussion

220.	Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?
A.	Yes, because the law provides that when either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
B.	Yes, because the marriage license was wrongfully obtained by the parties, thereby invalidating the marriage.
C.	No, because the U.S. embassy later on issued a certificate of legal capacity to contract marriage, thus, during the defect in the issuance of the marriage license.
D.	No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.
Answer» E.

Discussion

221.	A and B entered into an exclusive dealership agreement over the product of A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered the same at its office in Tarlac. B learned about the transaction hence, he sued A for damages. Is A liable?
A.	A can be liable for breach of contract.
B.	A can be liable for abuse of right.
C.	A cannot be liable because he was exercising a right.
D.	A is not liable, but instead, XYZ Corp. is liable for interference in contractual relationship.
Answer» C. A cannot be liable because he was exercising a right.

Discussion

222.	A is the illegitimate son of B whom he recognized in his record of birth. After B s death, a settlement of his estate was commenced by his legitimate heirs. Can A intervene inorder to have share of B s estate?
A.	No, because he is the product of sin;
B.	Yes, provided that he files an action for recognition first;
C.	Yes, by presenting the record of birth which is an evidence of recognition without need of filing an action of recognition;
D.	No, otherwise, it would unduly prejudice the rights of the legitimates.
Answer» D. No, otherwise, it would unduly prejudice the rights of the legitimates.

Discussion

223.	A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?
A.	A s motion cannot be granted because the marriage is presumed to be valid until nullified.
B.	The motion cannot be granted as it is not a prejudicial question.
C.	The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.
D.	The motion will be denied because A cannot benefit out of his own wrongdoing.
Answer» C. The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.

Discussion

224.	.Mr. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million. The offer was orally accepted. By agreement, the land was to be delivered (through execution of a notarized deed of sale) and the price was to be paid exactly one-month from their oral agreement.
A.	If Mr. X refuses to deliver the land on the agreed date despite payment by Mr. Y, the latter may not successfully sue Mr. X because the contract is oral.
B.	If Mr. X refuses to deliver the land, Mr. Y may successfully sue for fulfillment of the obligation even if he has not tendered payment of the purchase price.
C.	The contract between the parties is rescissible.
D.	The contract between the parties is subject to ratification by the parties.
Answer» E.

Discussion

225.	X communicated to Y that he was selling his house and lot and gave him an option to buy the same up to the end of the month of September. Y accepted the offer with an agreement that Y will allow X to stay in his house in Los Angeles, California during Christmas time that year. Is the option binding upon X?
A.	The option is not binding since no payment in the form of money was delivered to X by Y.
B.	The option is not binding because no property or anything of value was delivered to X by Y.
C.	The option is binding as the consideration can be in an undertaking.
D.	The option is not binding or void because no consideration at all was paid.
Answer» D. The option is not binding or void because no consideration at all was paid.

Discussion

226.	Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.
A.	Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.
B.	Before the lapse of sixty days no withdrawal can be made but the price may be increased.
C.	No withdrawal can be made before sixty days because the period is binding.
D.	No withdrawal can be made because there is already a perfected option contract.
Answer» B. Before the lapse of sixty days no withdrawal can be made but the price may be increased.

Discussion

227.	A constituted B as his agent to sell his property. B found C as the buyer who was willing to buy under the terms agreed upon but suddenly A changed his mind and decided not to sell the property. One week later, A and C, entered into a contract of sale over the property. Is B entitled to commission?
A.	No, because when A decided not to sell, his agency was terminated;
B.	No, because he was not the procuring cause;
C.	Yes, because A acted in bad faith. (Infante v. Cunanan, 49 O.G. 3320; Art. 19, NCC)
D.	Yes, because he did not give justice to B in the exercise of his right.
Answer» D. Yes, because he did not give justice to B in the exercise of his right.

Discussion

228.	Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide.
A.	Seller may always withdraw the offer before 30 days.
B.	Seller can withdraw the offer prior to acceptance by Mr. Buyer.
C.	Seller cannot withdraw before the lapse of 30 days.
D.	Answer is not given.
Answer» C. Seller cannot withdraw before the lapse of 30 days.

Discussion

229.	Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004.
A.	The sale is voidable.
B.	The sale is valid and can be registered.
C.	The sale is valid but unenforceable and cannot be register
Answer» D.

Discussion

230.	A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?
A.	Rex Publishing can recover the books because it was unlawfully deprived when the check was dishonored.
B.	Rex Publishing can file an action for rescission of the contract.
C.	Rex Publishing can file an action for sum of money against A, or file criminal cases for violation of BP22 and Art. 315, RPC.
D.	Rex Publishing can file an action for declaration of nullity of the contract of sale.
Answer» D. Rex Publishing can file an action for declaration of nullity of the contract of sale.

Discussion

231.	A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.
A.	The action will not prosper because of lack of demand by B for A to fulfill his obligation;
B.	The action will prosper because the follow-up is the equivalent of demand to comply;
C.	The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
D.	The action will prosper, otherwise, A will enrich himself at the expense of B.
Answer» D. The action will prosper, otherwise, A will enrich himself at the expense of B.

Discussion

232.	A and B are married. They are governed by the conjugal partnership of gains. A, the Executive Vice-President of ABC Corp. signed as a surety in a loan secured by the company from Metrobank for the rehabilitation of the company. As business was good after rehabilitation, A was given a house and lot, a brand new caw and raise in his salary. The company was sued due to its failure to pay the loan. Are the properties of A and B liable?
A.	Yes, because the liability of the surety is primary and principal;
B.	Yes, because the obligation contracted by A was done during the marriage;
C.	No, because a surety undertaking did not at all redound to the benefit of the family;
D.	Yes, because the obligation contracted by A redounded to the benefit of the family.
Answer» D. Yes, because the obligation contracted by A redounded to the benefit of the family.

Discussion

233.	A & B entered into a contract of pledge, where B delivered his car to A as security for the payment of an obligation in the amount of P2M. For failure of B to pay what is the remedy of A?
A.	Appropriate the car as his own as provided for in the contract
B.	Sell the car but must deliver to B the excess.
C.	Sell the car but cannot recover any deficiency despite the agreement.
D.	Sell the car and recover the deficiency because of the agreement in the contract of pledge.
Answer» D. Sell the car and recover the deficiency because of the agreement in the contract of pledge.

Discussion

234.	Mr. MO executed a real estate mortgage over his land in favor of Mr. ME as security for a substantial loan he obtained from the latter. The mortgage agreement provided for a first refusal clause , i.e., Mr. MO, is obligated to offer the property first to Mr. ME in case he decides to sell the property mortgaged. Which of the following statements expresses a correct legal principle?
A.	As long as the mortgage exists, Mr. MO has no right to sell his property to anyone.
B.	Mr. MO may sell the property mortgaged with the consent of Mr. ME.
C.	A violation of the right of first refusal clause will make the contract entered into by Mr. MO with anyone, void abs initio.
D.	A violation of the right of first refusal clause will make the contract entered into by Mr. ME rescissible
Answer» E.

Discussion

235.	X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?
A.	Yes, because his redemption vest in him sole ownership.
B.	Yes, because the funds belong to him alone.
C.	No, because the redemption inured to the benefit of all co-owners.
D.	No, because Y and Z did not consent to the redemption.
Answer» D. No, because Y and Z did not consent to the redemption.

Discussion

236.	X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.
A.	C is correct because the law requires that the holographic will must be completely dated;
B.	C is not correct because there is substantial compliance with the requirement of the law.
C.	C is correct because the incomplete date affects the integrity of the will.
D.	C is correct because the complete date protects the will from commission of fraud and trickery.
Answer» C. C is correct because the incomplete date affects the integrity of the will.

Discussion

237.	A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?
A.	Yes, because they are compulsory heirs;
B.	No, because they are not compulsory heirs entitled to a legitimate;
C.	Yes, because while the donor can donate his properties, he must leave something to his relatives;
D.	Yes, because of the close family ties of Filipinos.
Answer» C. Yes, because while the donor can donate his properties, he must leave something to his relatives;

Discussion

238.	A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?
A.	The brothers and sisters and the cousin will inherit in equal shares;
B.	The brothers and sisters will inherit in equal shares;
C.	The cousin will get of the share of each brother;
D.	The cousin is not entitled to any share not being a collateral relative who is entitled under the law of intestate succession.
Answer» C. The cousin will get of the share of each brother;

Discussion

239.	Mr. S sold a banana plantation to Mr. B for P3 million although its market value is P20 million. It was agreed that Mr. S shall remain in possession as lessee of the land and shall be responsible for the real estate taxes.
A.	The contract gives rise to an action for rescission.
B.	The contract gives rise to an action for annulment.
C.	The contract is a sale.
D.	The contract is presumed to be an equitable mortgage.
Answer» E.

Discussion

240.	S and B entered into a sale of a four-hectare land for P1 million. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B' failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. The remedy of B upon discovery of the fraud is,
A.	Annulment
B.	Reformation of the contract
C.	Rescission
D.	Answer not given
Answer» E.

Discussion

241.	A debt has a maturity date of November 1, 2004. Payment was made on November 1, 2005 but demand was made on June 1, 2005. If the debtor is made liable for interest, the interest shall commence to run on
A.	November 1, 2004.
B.	June 1, 2005.
C.	The date the obligation was incurr
Answer» C. The date the obligation was incurr

Discussion

242.	When A s obligation to B became due and demandable, A offered to pay, but refused to accept payment. State the remedies of A.
A.	A must make a tender of payment to B.
B.	A must make a tender of payment and deposit the amount in court.
C.	A can go direct to court and deposit the amount due in court.
D.	A must make a tender of payment, deposit the amount in court and make a subsequent notice.
Answer» E.

Discussion

243.	In the question above who can file an action to recover the property?
A.	A can recover the property because the contract of sale is void;
B.	The State by filing a petition for reversion;
C.	The State by filing a petition for escheat;
D.	No one because the title is valid especially so that B is married to a Filipino.
Answer» D. No one because the title is valid especially so that B is married to a Filipino.

Discussion

244.	A, a practicing lawyer represented B in the intestate proceedings of his father. The agreement is on a contingency basis as B did not have money to pay the services of A. To secure the payment of B s obligation, they executed a mortgage over of what B will receive from the estate of his father. Is the mortgage valid?
A.	Yes, because what is prohibited by law is sale between the client and the lawyer;
B.	Yes, because it merely serves as security for the payment of an obligation;
C.	No, because even if what is prohibited by law is sale, it is a circumvention of the law;
D.	Yes, because of the liberty of contracts.
Answer» D. Yes, because of the liberty of contracts.

Discussion

245.	A lent money to B in the amount of P3M and executed a mortgage over his house and lot to secure the payment of the obligation with a condition that if he fails to pay, A shall became the owner of the property. Is the stipulation valid?
A.	Yes, because the contract is the law between the parties;
B.	Yes, because of the doctrine of mutuality of contracts
C.	No, because it is a case of pactum commissorium;
D.	Yes, because of the liberty of contracts.
Answer» D. Yes, because of the liberty of contracts.

Discussion

246.	A & B entered into a contract of sale, A, obligating himself to deliver his house and lot to B who obligated himself to pay P2M upon delivery. B has already paid, but A has not delivered the house and lot despite demand. State the remedy of B.
A.	B can sue A for rescission of the contract because of breach of contract.
B.	B can sue A for rescission because of a material breach.
C.	B can sue A for rescission because of lesion.
D.	B can sue A for declaration of nullity of the contract.
Answer» C. B can sue A for rescission because of lesion.

Discussion

247.	In the question above, suppose B failed to pay and A foreclosed the mortgage. Is A entitled to the balance?
A.	No, because the law on pledge is applicable to the law on mortgages.(Arts. 2041,2087,2115,NCC)
B.	Yes, because there is no law that prohibits recovery of deficiency under the mortgage laws;
C.	Yes, because while the law on pledge applies to the law on mortgage, the same is true if there is no inconsistency between the two (2) laws. ( Pameca Word Treatment Corp. v. CA)
D.	No, because of the principle of solution indebt.
Answer» D. No, because of the principle of solution indebt.

Discussion

248.	In 1990, A, B & C purchased a real property but agreed that the same be registered under the name of A. In 2009, B & C asked for partition, but A contended that he was already the exclusive owner more than 20 years on the ground of laches having lapsed since the registration of the property under his name. Is A correct?
A.	A is not correct because he is merely a trustee in an express trust.
B.	A is not correct because he did not repudiate the trust, it being an express trust.
C.	A is correct due to laches, B & C having kept silent for so long.
D.	A is correct because one year after the registration of the property, his title became indefeasible.
Answer» C. A is correct due to laches, B & C having kept silent for so long.

Discussion

249.	Mr. X, without the authority of Mr. Y, owner of a car, sold the same car in the name of Mr. Y to Mr. Z. The contract between Mr. X and Mr. Z is
A.	void because of the absence of consent from the owner, Mr. Y.
B.	valid because all of the essential requisites of a contract are present.
C.	unenforceable because Mr. X had no authority but he sold the car in the name of Mr. Y, the owner.
D.	rescissible because the contract caused lesion to Mr. Z.
Answer» D. rescissible because the contract caused lesion to Mr. Z.

Discussion

250.	A & B are married. Out of the inheritance of A in the amount of P10M, they bought a house and lot and registered it under the name of B. State the relationship between A & B?
A.	B can claim to be the exclusive owner being the registered owner.
B.	B is holding the property for the conjugal partnership since there is a presumption of conjugality of a property acquired by onerous title during the marriage.
C.	B is holding the property in trust in favor of A.
D.	B can properly contend that the property shall be divided into two(2) upon the dissolution of their marriage.
Answer» D. B can properly contend that the property shall be divided into two(2) upon the dissolution of their marriage.

Discussion

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P appointed A, his agent for the purpose of selling the former s car for P500,000.00. A sold the car in his name to B. After delivery, it was found out that the car has hidden defects which rendered the car unfit for the purpose of B. Can B file an action against P even if A acted in his own name?

Jose went to visit Pablo, a friend one Sunday morning where a card game was going on. Jose joined the game and lost P50,000. He became indebted to the winner for P10, 000 more. Which among the following statements is not correct?

Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million.

Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard?

A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable?

The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

When A promises to deliver to B any car, he has the obligation to preserve his car with due car.

A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable?

A & B are married. They have a child C, who is in grade 3 at the West Central Elementary School, Dingras, Ilocos Norte. While inside the classroom, C, stabbed D with his pencil resulting in injuries. Is the teacher liable?

It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.

ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages?

The nature of action in Quieting of Title is in personam.

A obtained a loan from B secured by a mortgage over his house & lot. B failed to pay hence, A foreclosed the mortgage but it was sold for less than the amount of the obligation. Can B recover the deficiency?

A sold his house and lot to B for P10M payable in 10 monthly installments. B paid P9M but failed to pay the last installment. What is the remedy of A?

A obtained a loan from B. To secure the payment of the obligation, A delivered the warehouse quedans to B and authorized him to sell the sugar in case of default. The warehouse and the sugar were burned. Who bears the loss?

A and B entered into an exclusive dealership agreement over the product of A in the province of Tarlac. XYZ Corp. ordered such product from A, hence, he delivered the same at its office in Tarlac. B learned about the transaction hence, he sued A for damages. Is A liable?

A is the illegitimate son of B whom he recognized in his record of birth. After B s death, a settlement of his estate was commenced by his legitimate heirs. Can A intervene inorder to have share of B s estate?

A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

.Mr. X orally offered to sell his two-hectare rice land to Mr. Y for P10 million. The offer was orally accepted. By agreement, the land was to be delivered (through execution of a notarized deed of sale) and the price was to be paid exactly one-month from their oral agreement.

Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.

A constituted B as his agent to sell his property. B found C as the buyer who was willing to buy under the terms agreed upon but suddenly A changed his mind and decided not to sell the property. One week later, A and C, entered into a contract of sale over the property. Is B entitled to commission?

Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide.

Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004.

A ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?

A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M.

A & B entered into a contract of pledge, where B delivered his car to A as security for the payment of an obligation in the amount of P2M. For failure of B to pay what is the remedy of A?

X,Y, and Z are co-owners of a real property which was mortgaged to A. X redeemed it during the period of redemption with his personal funds. Did X become the sole owner of the property, thereby terminating the co-ownership?

X executed a holographic will dated December 2000. After his death, A and B, the heirs filed a petition for probate, but C, the daughter opposed on the ground that the will is not valid because it is not completely dated.

A died without leaving a compulsory heir. Before he died, he donated his properties to the church. After his death, his brothers questioned the validity of the donation. Is their act correct?

A died leaving no compulsory heirs except his brothers and sisters of the full blood and a cousin. How shall his estate be partitioned?

Mr. S sold a banana plantation to Mr. B for P3 million although its market value is P20 million. It was agreed that Mr. S shall remain in possession as lessee of the land and shall be responsible for the real estate taxes.

S and B entered into a sale of a four-hectare land for P1 million. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B' failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. The remedy of B upon discovery of the fraud is,

A debt has a maturity date of November 1, 2004. Payment was made on November 1, 2005 but demand was made on June 1, 2005. If the debtor is made liable for interest, the interest shall commence to run on

When A s obligation to B became due and demandable, A offered to pay, but refused to accept payment. State the remedies of A.

In the question above who can file an action to recover the property?

A lent money to B in the amount of P3M and executed a mortgage over his house and lot to secure the payment of the obligation with a condition that if he fails to pay, A shall became the owner of the property. Is the stipulation valid?

A & B entered into a contract of sale, A, obligating himself to deliver his house and lot to B who obligated himself to pay P2M upon delivery. B has already paid, but A has not delivered the house and lot despite demand. State the remedy of B.

In the question above, suppose B failed to pay and A foreclosed the mortgage. Is A entitled to the balance?

Mr. X, without the authority of Mr. Y, owner of a car, sold the same car in the name of Mr. Y to Mr. Z. The contract between Mr. X and Mr. Z is

A & B are married. Out of the inheritance of A in the amount of P10M, they bought a house and lot and registered it under the name of B. State the relationship between A & B?