OBLIGATIONS & CONTRACTS 10.

One is not a requisite needed in order that the obligation shall be extinguished by loss or
destruction of the thing due:
I- General Provisions A. When the thing is lost without the fault of the debtor.
1. The duty not to recover what has been voluntarily paid although payment was no longer required: B. When the thing lost is generic.
A. Natural obligation C. Civil obligation C. When the thing is lost before the debtor has incurred in delay.
B. Moral obligation D. None of the above D. When the thing lost is specific.
2. Three of the following are requisites of an obligation. Which is the exception? 11. Statement 1: Delay or mora in one of the sources of obligation.
A. Prestation C. Delivery Statement 2: There is no delay in an obligation not to do.
B. Efficient cause D. Passive subject A. True; False C. False; True
3. When A voluntarily takes charge of the neglected business of B without the latter’s authority B. True; True D. False; False
where reimbursement must be made for necessary and useful expenses, there is a 12. No person shall be responsible for events which could not be foreseen, or which, though foreseen,
A. Quasi delict C. Negotiorum gestio were inevitable, except:
B. Quasi contract D. Solution indebiti A. When the debtor is guilty of delay.
4. All of the following except one are civil liabilities arising from crime. B. When the nature of the obligation requires the assumption of risk.
A. Restitution C. When the law expressly provides for the debtor’s liability even in cases of fortuitous events.
B. Reparation of the damage caused D. When the subject of the obligation is a generic thing.
C. Imprisonment E. All of the above.
D. Indemnification for consequential damages 13. A bound himself to deliver a determinate horse to B on January 15, 2011. On January 16, 2011 the
5. Culpa aquiliana as distinguished from culpa contractual horse was struck and killed by a lightning.
A. Proof of due diligence in the selection and supervision of employees is not available as a A. A is liable for the loss of the horse because he was in delay.
defense. B. A has the obligation to replace the horse.
B. Proof of the contact and its breach is sufficient prima facie to warrant recovery. C. A’s obligation is extinguished.
C. The negligence of the defendant is merely an incident in the performance of the obligation. D. B may claim damages from A.
D. The source of liability is the defendant’s negligent act or omission itself. 14. Which of the following is not one of the sources of liability for damages?
A. Fraud C. Dolo causanti
II – Nature and Effect of obligations. B. Negligence D. Delay
6. Unless the law or stipulation of the parties requires another standard of care, the obligation to give 15. Which of the following is not an exception to the rule that “all rights acquired in virtue of an
a thing carries with it the obligation to take care of it with: obligation are transmissible”.
A. Extra-ordinary diligence C. Diligence of a good father of a family A. When the parties agreed against its transmission.
B. Ordinary diligence D. Answer not given B. When the law prohibits the transmission of rights.
7. The creditor has a right to the fruits of the thing from C. When the nature of the obligation is purely personal.
A. The time the thing is delivered. D. When the obligation is real.
B. The time the obligation to deliver the thing arises.
C. The time the sale is perfected. III – Diff. kinds of Obligation
D. The time the fruits are delivered. 16. Every obligation whose performance does not depend upon a future or uncertain event, or upon a
8. Which of the following is a determinate thing? past event unknown to the parties, is demandable at once. This refers to
A. A car. A. Divisible and indivisible obligations.
B. A 2010 Mitsubishi adventure GSL Sport DSL B. Joint and solidary obligations
C. A Toyota Revo Sport Runner with Plate No. XCS 888. C. Obligations with a period.
D. A car owned by Pedro Cruz. D. Pure obligation
9. Statement 1: If the thing is determinate, the debtor can be compelled to deliver the thing promised 17. Demandable at once –
and upon failure, the creditor has a right to ask for damages. A. Conditional obligation C. Obligation with a period
Statement 2: If the object is generic and the debtor does not comply with the obligation, the B. Pure obligation D. Alternative obligation
creditor can ask a third person to comply with the prestation at the expense of the debtor, plus 18. If the obligation of the debtor is “I will pay you my debt after I have arrived from abroad”, this is
damages. A. Unenforceable C. Void
A. True; False C. True; True B. With a period D. Conditional
B. False; True D. False; False
 29. Which of the following is not a special form of payment?
19. If the obligor binds himself to perform his obligation as soon as “he shall have obtained a loan” A. Cession C. Consignation
from a certain bank, this obligation is: B. Application of payment D. Dacion in payment
A. With a term C. Suspensive 30. Which of the following is not a special mode of payment?
B. Conditional D. Resolutory A. Adjudicacion en pago C. Tender of payment
20. The obligation is demandable on the date of the obligation and shall continue to be in force up to B. Payment by cession D. application of payment
the arrival of the day certain
A. Resolutory period C. Indefinite period V- CONTRACTS
B. Suspensive period D. Legal period 31. The period when the minds of the seller and the buyer have met on the subject matter and cause of
21. .In a joint obligation, A, B and C are debtors of joint creditors, D, E and F in the amount of the interest is –
P180,000. A’s obligation is A. Negotiation of the sale C. Consumption of the sale
A. Pay D P60,000 C. Pay D P120,000 B. Consensus of the sale D. Perfection of the sale.
B. Pay D, E and F P180,000 D. Pay D P20,000 32. There is no contract unless the following requisites concur, except
22. .X, Y and Z joint debtors owe P18,000 to A, B and C, solidary creditors. How much can B collect A. Consent of the contracting parties.
from X? B. Object certain which is the subject matter of the contract.
A. P 3,000 C. P9,000 C. Delivery of the subject matter.
B. P18,000 D. P6,000 D. Cause of the obligation which is established.
23. Which of the following is not a characteristic of a joint indivisible obligation? 33. The statement contracts shall be obligatory in whatever form they have been entered into provided
A. The creditor must proceed against all the debtors. all the requisites for their validity are present refers to:
B. Each of the debtor can be held liable to pay for the entire obligation. A. Consensual contract C. Solemn contract
C. If any of the debtor be insolvent, the others shall not be liable for his share. B. Real contract D. Formal contract
D. Demand must b made to all the debtors. 34. Which of the following is not a real contract?
24. .A, B and C secured a loan from D. the promissory note which evidence the obligation states: “ I A. Deposit C. Pledge
promise to pay or order P10,000 payable on demand”. (Signed) A B C. the obligation is: B. Sale D. Commodatum
A. Solidary C. Indivisible 35. The contracting parties may establish such stipulations, clauses, terms and conditions as they may
B. Divisible D. Joint deem convenient, provided they are not contrary to law, morals, good customs, public order, or public
25. .A and B are joint debtors of joint creditors C, D, E and f in the amount of P200,000. How much policy.
can D and E collect from A? A. Liberty to contract C. Relativity
A. P200,000 C. P100,000 B. Mutuality of contract D. Consensuality
B. P 25,000 D. P50,000 36. The contract must bind both contracting parties; its validity or compliance cannot be left to the will
of one of them.
IV – Extinguishment of Obligations A. Mutuality C. Principle of freedom
26. Which of the following is not a ground for the extinguishment of an obligation? B. Consesuality D. Relativity
A. Death of the creditor 37. Contracts are effective and binding only between the parties, their assigns and heirs. Three of the
B. Confusion or merger following enumerations are exceptions as provided by law. Which does not belong to the exception?
C. Compensation A. When there is stipulation in favor of a third party.
D. Condonation or remission B. Where one of the parties to the contract dies and thereafter a suit is filed on the basis of the
27. The following, except one, are secondary modes of extinguishing obligations. Which is the contract.
exception? C. Where the obligation arising from the contract are not transmissible by their nature.
A. Annulment D. Where the stipulation arising from the contract are not transmissible by stipulation or by
B. Death of both parties provision of law.
C. Changing the object of the obligation with the consent of the parties. 38. Which of the following is not exception to the principle of relativity?
D. Compromise. A. When the obligations arising from the contract are not transmissible by their nature, by
28. The passage of time extinguishes the obligation stipulation, or by provision of law.
A. Proscription C. Rescission B. Where there is a stipulation pour autri.
B. Preterition D. Prescription C. When a third person induces another to violate his contract.
 D. None of them. 48. When one of the parties to a contract is compelled to give his consent by a reasonable and well-
39. These are the basic principles or characteristics of a contract. Which is the exception? grounded fear of an imminent and grave evil upon his person or property, or upon the person or
A. Freedom or liberty to stipulate. property of his spouse; descendants or ascendants, there is –
B. Obligatory force and compliance in good faith. A. Violence C. Undue influence
C. Binding on third parties. B. Intimidation D. answer not given
D. Perfection by mere consent. 49. A intimidated B to marry A’s daughter. After a year, B would like to file action for annulment but
40. A contract entered into in the name of another by one who has no authority or legal representation, could not do so because A was around to intimidate him. The marriage contract is –
or who has acted beyond his power. A. Rescissible C. Void
A. Voidable C. Rescissible B. Voidable D. Unenforceable
B. Unenforceable D. Void 50. When a person takes improper advantage of his power over the will of another, depriving the latter
41. Pat sold to Mat the computer owned by Cathy without Cathy’s authority. The contract is of a reasonable freedom of choice there is
A. Perfectly valid C. Void A. Violence C. Undue influence
B. Voidable D. Unenforceable B. Intimidation D. Mistake
42. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract. Which of the following constitute an offer?
A. An offer made to an agent.
B. Business advertisement of things for sale.
C. Advertisement for bidders.
D. Answer not given.
43. When there is concurrence of the offer and the acceptance, there is –
A. Consent C. Revocation
B. Payment D. None of the above
44. Ann offered to sell her cellular phone for P10,000 to her friend, Beth. Beth accepted the offer but is
willing to pay only P8,000. Is there a perfected contract?
A. Yes, for a price of P10,000.
B. Yes, for a price of P8,000.
C. No, because the acceptance was qualified and it constituted a counter-offer.
D. No, because the offer was rejected.
45. An offer made through an agent is accepted from the time acceptance is communicated to the –
A. Agent C. Agent and the principal
B. Principal D. Agent and/ or the principal
46. A offered to sell his car for P500,000 to B. A stated that he was giving B a period of one week
within which to raise the amount, and that as soon as B is ready, they will sign the deed of sale. A had
been given P5,000 by b in consideration for the option. Which of the following is not correct?
A. A cannot sell his car to another because of the money given by B.
B. A can still sell the car before the acceptance is made known to him by B.
C. A can sell the car only after one week.
D. A cannot sell the car until after one week.
47. Which of the following is qualified to give consent to a contract?
A. Unemancipated minors
B. Insane or demented persons.
C. Deaf mutes who do not know how to write.
D. Deaf mutes who know how to read but do not know how to write.