21. The characterisics of consent are the following, except:

(A) It should be intelligent.

(B) it should be free.

(C) It should be spontaneous

(D) It be honest.

22. A creditor, in addition to the penalty, may recover damages and interests:

(A) When so stipulated by the parties

(B) When the obligor refuses to pay the penalty

(C) When the obigor is guilty of fraud

(D) None of the above

(E) A, B, & C

23. Which among the following is NOT a divisible obligation?

(A) Obligation which has for its object the execution of a certain number of days of work

(B) Obligation which has for its object the accomplishment of work by metrical units

(C) Obligation which by its nature is susceptible of partial performance

(D) All of the above

(E) None of the above

24. In obligations not to do, it is considered a divisible obligation if:

(A) It is a continuous obligation

(B) It is not a continuous obligation

(C) Neither A nor B, because obligations not to do are always indivisible obligations

(D) Either A or B

25. Obligations to pay taxes and support one's family are:

(A) obligations ex maleficio

(B) obligations ex contractu

(C) obligations ex quasi-contractu

(D) obligations ex lege

26. The following are the remedies of the creditor to pursue his claims against the debtor, except to:

(A) pursue the property owned and in the possession of the debtor

(B) exercise all the rights and bring all the actions of the debtor

(C) impugn the acts which the debtor may have done to defraud his creditors

(D) compel the debtor to perform the service in obligations to do.

27. When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:

(A) Law

(B) Contracts

(C) Quasi-contracts

(D) Quasi-delicts

28. A specific thing is

(A) physically segregated from all others of its kind

(B) particularly designated from all others of its kind

(C) identified by its specie/genus/class/quality

(D) all of the above

(E) A & B

(F) A & C

29. Statement I: A solidary creditor cannot assign his rights without the consent of the others. Statement II: The remedies of specific performance and rescission are cumulative and not alternative remedies.

(A) Both statements are INCORRECT.

(B) Both statements are CORRECT.

(C) Only Statement I is correct.

(D) Only Statement II is correct.

30. Rents of buildings, price of leases of lands and amounts of perpetual or life annuities are examples of:

(A) civil fruits

(B) industrial fruits

(C) natural fruits

(D) none of these

31. Statement I: In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Statement II: Even though the object or service may be physically divisible, an obligation is indivisible if so provided bylaw or intended by the parties.

(A) Both statements are INCORRECT.

(B) Both statements are CORRECT.

(C) Only Statement I is correct.

(D) Only Statement II is correct.

32. In a joint indivisible obligation, what is considered as joint?

(A) object

(B) liability of the parties

(C) Both A and B

(D) either A or B, depending on the obligation

33. In a joint indivisible obligation, what is considered as indivisible?

(A) object

(B) liability of the parties

(C) Both A and B

(D) either A or B, depending on the obligation

34. Statement I: The receipt of the principal by the creditor with reservation with respect to the interest gives rise to the presumption that said interest has been paid. Statement II: In alternative and facultative obligations, the choice produces no effect except from the time it has been communicated.

(A) Both statements are INCORRECT.

(B) Both statements are CORRECT.

(C) Only Statement I is correct.

(D) Only Statement II is correct.

35. Which among the following fails to state a correct legal principle?

(A) The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor.

(B) Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

(C) An indeterminate thing can be object of destruction by a fortuitous event.

(D) If loss or deterioration happened before substitution is made, obligor is not liable; after substitution is communicated, he is liable for loss through delay, negligence or fraud.

36. I. Once the minds of the contracting parties meet, a valid contract exists whether it is reduced to writing or not. II. When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon.

(A) Only 1 is true.

(B) Only II is true.

(C) Both are true.

(D) Both are false.

37. I. Contracts are the law between the parties and they are bound by its stipulations. II. It is a rule that a contracts freely entered between the parties should be respected since a contract is the law between the parties.

(A) Only I is true.

(B) Only II is true.

(C) Both ate true.

(D) Both are false.

38. It is an instrument authenticated by a notary public or a competent public official with the formalities require by law.

(A) private document

(B) memorandum of understanding

(C) public document

(D) written agreement

39. Carla entered into a contract of mortgage with Charles. Macon, the clerk of Carla encoded the document and due to her negligence, the document made was that of sale instead of mortgage.

(A) The remedy is annulment.

(B) Parties may go to court for interpretation.

(C) Parties may enforce their right because the contract is enforceable.

(D) Reformation of instrument is proper.

40. Carla sold a mobile phone unit to Charles on December 08, 2021. Charles on December 15, 2021 discovered that the mobile phone unit is an imitation. The law provides that Charles can annul the sale as a voidable contract within four years. Prescription starts from:

(A) December 15, 2021 when the fraud was discovered.

(B) December 08, 2021 when the sale was perfected.

(C) The time of delivery of the mobile phone unit to Charles

(D) The time they first talked about the sale of the phone.