Law 11

101.
In commodatum, the bailee is liable for the loss of the thing, even if it should be through a
fortuitous event, except:
A. If he devotes the thing to any purpose different from that for which it has been loaned.
B. If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the
commodatum has been constituted.
C. If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation
exempting the bailee from responsibility in case of a fortuitous event.
D. If, being able to save either the thing borrowed or his own thing, he chose to save the former.
D. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event:
1. If he devotes the thing to any purpose different from that for which it has been loaned;
2. If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the
commodatum has been constituted.
3. If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation
exempting the bailee from responsibility in case of a fortuitous event;
4. If he lends or leases the thing to a third person, who is not a member of his household;
5. If, being able to save either the thing borrowed or his own thing, he chose to save the latter (Art.
1942, NCC).
102. The depositary is liable for the loss of the thing through a fortuitous event, except:
A. If it is so stipulated.
B. If he uses the thing with the depositor’s permission.
C. If he delays its return.
D. If he allows others to use it, even though he himself may have been authorize to use the same.
B. The depositary is liable for the loss of the thing through a fortuitous event:
1. If it is stipulated;
2. If he uses the thing without the depositor’s permission;
3. If he delays its return;
4. If he allows others to use it, even though he himself may have been authorized to use the same (Art.
1979, NCC).
103. The officious manager shall be liable for any fortuitous event, except:
A. If he undertakes risky operations which the owner was not accustomed to embark upon.
B. If he has preferred his own interest to that of the owner.
C. If he fails to return the property or business after demand by the owner.
D. If he assumed the management in good faith.
D. The official manager shall be liable for any fortuitous event:
1. If he undertakes risky operations which the owner was not accustomed to embark upon;
2. If he has preferred his own interest to that of the owner;
3. If he fails to return the property or business after demand by the owner;
4. If he assumed the management in bad faith (Art. 2147, NCC).
104. I. The receipt of the principal by the creditor without reservation with respect to the interest, shall
give rise to the presumption that said interest has been paid.
II. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise
raise the presumption that such installments have been paid.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
C. Example of paragraph 1: In a promissory note, X borrowed from Y the amount of P100,000 with an
interest of 12% per annum or 1% per month. Thereafter, X paid P100,000 and Y issued a receipt for the
principal. It is presumed that the interest had been paid. This is because Article 1254 of the Civil Code
provides that if the debt produces interest, payment of the principal shall not be deemed to have been
made until the interests have been covered.
Example of paragraph 2: In a promissory note, X borrowed from Y the amount of P100,000 payable in
ten (10) equal monthly installments (P10,000 per month). Thereafter, X paid P10,000 and Y issued a
receipt for the 7th installment. It is presumed that the first six (6) installments were paid.
105. A presumption which may be contradicted or overcome by other evidence.
A. Conclusive presumption
B. Definite presumption
C. Disputable presumption
D. Questionable presumption
C. A presumption is disputable or rebuttable if it may contradicted or overcome by other evidence.
106. A presumption which is irrebuttable upon the presentation of the evidence and any evidence
tending to rebut the presumption is not admissible.
A. Conclusive presumption
B. Uncertain presumption
C. Disputable presumption
D. Questionable presumption
A. A presumption is conclusive when the presumption becomes irrebuttable upon the presentation of
the evidence and any evidence tending to rebut the presumption is not admissible (29 Am Jur 2d,
Evidence, sec.183).
107. The following are instances of disputable presumptions, except:
A. That money paid by one to another was due to the latter.
B. The tenant is not permitted to deny the title of his landlord at the time commencement of the
relation of landlord and tenant between them.
C. That a thing delivered by one to another belonged to the latter.
D. That prior rents or installments had been paid when a receipt for the later one is produced.
108. The following are instances of disputable presumptions, except:
A. That there was a sufficient consideration for a contract.
B. That person acting as co-partners have entered into a contract of co- partnership.
C. Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led
another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation
arising out of such declaration, act or omission, be permitted to falsify it.
D. That an obligation delivered up to the debtor has been paid.

C
109. Spouses H and W obtained from A and B a loan amounting to P6,000,000 at 3% interest per month.
The loan was secured by a mortgage on a parcel of land. Thereafter, the parties executed a Contract of
Sale conveying the mortgaged property in favor of H and W. Subsequently, A and B gave H and W an
exclusive option to repurchase the land for P10,000,000. This was embodied in a document
denominated as an Option to Buy. On this same documents, A and B acknowledged receipt of a total
sum of P10,000,000 as consideration for the purchase of the land. The Option to Buy provided that if the
option is exercised after December 5, 1998, the purchase price shall increase at the rate of P300,000 or
3% of the purchase price every month until September 5, 1999 and thereafter at the rate P381,000 or
3.81% of the purchase price every month, with the fifth of every month as the cut-off date for said
increases.
Are the 3% and 3.81% stipulated monthly interest valid?
A. Yes, because the Usury Law has been suspended by a certain Central Bank Circular.
B. Yes, because the parties are free to stipulate on the interest to be imposed on monetary obligations.
C. No, because the Court will temper interest rates if they are unconscionable.
D. No, because what is only required is that the interest due should be that stipulated in writing, and in
the absence thereof, the rate shall be 12% per annum.
110. One of the following is a determinate thing
A. A car with plate no. AB123
B. A red book
C. A black cellphone
D. A 10 inches laptop

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101.

B. If he uses the thing with the depositor’s permission.

C. If he delays its return.

2. If he uses the thing without the depositor’s permission;

3. If he delays its return;

B. If he has preferred his own interest to that of the owner.

C. If he fails to return the property or business after demand by the owner.

D. If he assumed the management in good faith.

D. The official manager shall be liable for any fortuitous event:

2. If he has preferred his own interest to that of the owner;

3. If he fails to return the property or business after demand by the owner;

4. If he assumed the management in bad faith (Art. 2147, NCC).

D. Both are false

105. A presumption which may be contradicted or overcome by other evidence.

C. A presumption is disputable or rebuttable if it may contradicted or overcome by other evidence.

107. The following are instances of disputable presumptions, except:

A. That money paid by one to another was due to the latter.

C. That a thing delivered by one to another belonged to the latter.

108. The following are instances of disputable presumptions, except:

A. That there was a sufficient consideration for a contract.

D. That an obligation delivered up to the debtor has been paid.

Are the 3% and 3.81% stipulated monthly interest valid?

110. One of the following is a determinate thing

A. A car with plate no. AB123

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