Questions in Oblicon

9. The object of an obligation must NOT be:

1. It is a juridical relation whereby a person may a. Licit
demand from another the observance of a b. Possible
determinative conduct, and in case of breach, may c. Indeterminate
demand satisfaction from the assets of the latter. d. Determinable
a. Natural obligations
b. Moral obligations 10. Which is generally not required to make an
c. Civil obligations obligation binding?
d. Contracts a. Form
2. Which of the following can never be enforced in b. Legality
court? c. Possibility
a. Obligation based on positive law d. Determinability
b. Obligation based on conscience
c. Obligation based on voluntariness 11. Which is not always required to make an
d. Obligation based on contracts obligation binding?
a. Possibility
3. Which is not an element of an obligation? b. Determinability
a. Vinculum juris c. Pecuniary value
b. Obligee d. Juridical relation
c. Prestation
d. Contract 12. Which conduct is not expected of the obligor?
a. Giving
4. It is an efficient cause by which the debtor is b. Doing
bound to perform a prestation. c. Not doing
a. Vinculum juris d. Not giving
b. Obligee
c. Prestation 13. Which of the following is an obligation not to
d. Contract do?
a. Obligation of seller in a contract of sale
5. Which is not a way by which juridical tie is b. Obligation of landowner in easement of way
established? c. Obligation of painter in a contract of service
a. Statute d. Obligation of depositary in a contract of deposit
b. Bilateral acts
c. Unilateral acts 14. The law on nuisance creates an obligation…
d. Acts of god a. To do
b. Not to do
6. It is he who in whose favor the obligation is c. To give
constituted, established or created. d. Not to give
a. Active subject
b. Passive subject 15. Which characteristic of a valid prestation is also
c. Obligor called “criteria”?
d. Debtor a. Form
b. Legality
7. It is the one in whom it is incumbent to fulfill c. Possibility
the prestation. d. Determinability
a. Active subject
b. Passive subject 16. Creditor can retain thing delivered voluntarily
c. Obligee by the debtor even though, under the law, the
d. Creditor obligation cannot be enforced.
a. Civil obligation
8. Which of the following is a active aspect of an b. Moral obligation
obligation? c. Natural obligation
a. Right d. Legal obligation
b. Prestation
c. Debt 17. Which of the following does not arise from
d. Juridical tie natural law?
a. Civil obligation d. Solidary obligation
b. Moral obligation
c. Natural obligation 26. Who is entitled to reimbursement for other co-
d. Conscientious obligation parties’ share in the contract?
a. Solidary co-debtor
18. Which of the following is a negative obligation? b. Solidary co-creditor
a. Obligation of seller in a contract of sale c. Joint co-debtor
b. Obligation of landowner in easement of way d. Joint co-creditor
c. Obligation of painter in a contract of service
d. Obligation of depositary in a contract of deposit 27. This obligation gives the obligor an option to
perform only one of several prestations.
19. Which of the following is a real obligation? a. Simple obligation
a. To do b. Alternative obligation
b. To give c. Facultative obligation
c. Not to do d. Obligation with a penalty

20. “I promise to give you one of my cars.” What 28. The general rule here is that interest stipulated
kind of object is this? in the agreement is generally substitute for fine. If
a. Generic parties agree, interest stipulated and fine should
b. Specific be paid.
c. Determinate a. Simple obligation
d. Limited generic b. Alternative obligation
c. Facultative obligation
21. Which of the following is an obligation d. Obligation with a penalty
established by agreement of the parties?
a. Unilateral obligation 29. Husband has an obligation to support his wife
b. Bilateral obligation and children.
c. Conventional a. Obligation ex lege
d. Statutory b. Obligation ex contractu
c. Obligation ex malificio
22. Which of the following is a divisible d. Obligation ex quasi-delicto
obligation?
a. To deliver a car 30. Which shows a combination of legal and
b. To not kill any one contractual obligations?
c. To pay one million pesos a. Husband and wife
d. To not compete with employer after retirement b. Bus driver and bus company
c. Murderer and victim
23. “I will pay you 1 million for the car I bought d. Mother and son
from you.”
a. Pure obligation 31. What do you call the time when an obligation is
b. Conditional obligation created?
c. Joint obligation a. Perfection
d. Solidary obligation b. Extinguishment
c. Fulfillment
24. This obligation is characterized by being d. Meeting of the minds
immediately due and by lack of burden of time or
condition. 32. Which of the following does not the immediate
a. Pure obligation demandability of an obligation?
b. Conditional obligation a. Want of period or term
c. Joint obligation b. Suspensive condition
d. Solidary obligation c. Period
d. Term
25. A debtor is liable for the whole obligation
although he has other co-debtors. 33. Which does not characterize an obligation ex
a. Pure obligation lege?
b. Conditional obligation a. It does not need the consent of the obligor.
c. Joint obligation b. “Lege” itself should be the creator of the
obligation.
c. Compensation is generally a option to
extinguish the obligation.
d. It must be expressly set forth in the law creating
it and not merely presumed.
34. This obligation is perfected from the time the
minds of the parties meet.
a. Obligation ex lege
b. Obligation ex contractu
c. Obligation ex malificio
d. Obligation ex quasi-delicto
35. What governs obligations created by law?
a. The Civil Code only
b. The law creating them only
c. The Civil Code in a suppletory character
d. The law creating them in a suppletory character
36. What does compliance in good faith mean?
a. Contract is law between the contracting parties.
b. Parties must abide by the terms and conditions
of the contract. c. Compliance with a contract
cannot be made dependent on the will of only one
of the parties.
d. A party cannot cancel or annul the contract
without the consent of the other party or the order
of the court.
37. A party cannot evade obligations under the
contract. Which is NOT true?
a. Evasion is allowed if provided in the contract.
b. Evasion is allowed is agreed by the parties.
c. Evasion is never allowed.
d. Evasion is illegal.
38. To which limitation to the freedom to contract
does “protection of women” belong?
a. Law
b. Morals
c. Good customs
d. Public order
e. Public policy
39. TRUE OR FALSE: When penalty in case of
breach of obligation is unconscionably high, the
court can only convince the parties to reduce it.
40. X and Y entered into an agreement whereby X
would pay Y 2000 pesos per month so that Y
would take all necessary care of X’s house while
he’s on vacation in the US. One night, the house of
Y caught fire and X saved Y’s car, refrigerator, TV,
etc. What is the source of X’s obligation to Y?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts
41. What are characteristics common to mistake in
payment and unauthorized management?
a. Lawful, voluntary and unilateral
b. Unlawful, involuntary and multilateral
c. Lawful, voluntary and bilateral
d. Unlawful, involuntary and unilateral
42. What source of obligation is presumptive
consent present in?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts
43. What is another term for negotiorum gestio?
a. Mistake in payment
b. Inofficious manager
c. Unjust enrichment
d. Negotiable gesture
44. What is another term for solutio indebiti?
a. Unauthorized management
b. Inofficious manager
c. Unjust enrichment
d. Solution to the debt
45. Jane told John, “If you do something great to
me, I will have sex with you.” John who has been
waiting for 10 years to have Jane in bed, saw a
chance when he passed by Jane’s house one night
and he saw that watering is coming out of the
front door. It would seem that Jane went out to
the movies but forgot to shut the faucet in her
bathtub. John broke the door and turned off the
faucet.
a. TRUE OR FALSE: John can demand payment
from Jane for negotiorum gestio. b. TRUE OR
FALSE: John can demand to have sex with Jane for
what he has done. 
46. Which of the following does not characterize
negotiorum gestio?
a. The gestor undertook a risky operation which
the owner was not accustomed to embark upon.
b. He did not prefer his own interest to that of the
owner.
c. He did not fail to return the property after
demand from the owner.
d. He did not assume the management in bad
faith.
47. Which is not an obligation of a gestor in
negotiorum gestio?
a. To render an account of costs and expenses
b. To return the property to the owner upon
demand
c. To pay any load he incurred not in the interest
of management
d. To pay owner for damages necessarily incurred
in the management
48. TRUE OR FALSE: Every person criminally
liable is civilly liable.
49. Which of the following is not an element of an
obligation quasi-delict?
a. Act or omission
b. Fault or negligence
c. Damage or injury
d. Cause and effect relationship between fault and
damage
e. Pre-existing contractual relation between the
parties
50. A person civilly liable is not liable for:
a. Restitution
b. Imprisonment
c. Reparation for damages cause
d. Indemnity for consequential damages
51. TRUE OR FALSE: There is natural obligation
when…
a. A civil obligation is performed after it
prescribes.
b. A third person pays a debt that has already
prescribed.
c. A contractual obligation is performed after
judicial annulment thereof.
d. A minor performs his obligation in the contract.
e. A party performs his obligation after the
creditor fails to enforce the obligation in court.
f. An heir pays debt exceeding the value of the
property inherited.
g. A legatee is paid his share in the inheritance
although the court has declared it void.
52. Which of the following is not true about
natural obligations?
a. They are based on equity and natural law.
b. The debtor cannot perform this obligation.
c. The creditor cannot enforce this obligation.
d. They are not based on law, contracts, quasi-
contracts, delicts and quasi-delicts.
53. TRUE OR FALSE: A natural obligation is
converted into a civil one by novation.
54. TRUE OR FALSE: A natural obligation cannot
be converted into a civil one by securing it with
real or personal security.
55. Which of the following does not the creditor to
payment of damages?
a. Fraud
b. Delay
c. Negligence
d. Mutual agreement to contravene tenor
56. If the obligation is specific and there is
noncompliance, which is not an remedy?
a. Specific performance
b. Collection of damages
c. Cancellation of the contract
d. Performance of the obligation by another at the
debtor’s expense
57. When does real right of the creditor over the
fruits commence?
a. After delivery
b. Before delivery
c. From the time the obligation to deliver arises
d. Before the time the obligation to deliver arises
58. What characterizes a personal right?
a. Enforceable against the whole world
b. Enforceable against a definite person
c. Has no definite passive subject
d. Right over a thing
59. Specific performance as a remedy will compel
the obligor to perform his obligation. This is not
available when:
a. Such performance will result in economic loss
on the part of the debtor.
b. Such performance will result in inconvenience
on the part of the debtor.
c. Such performance will result in unconscionable
advantage to the debtor.
d. Such performance will result in harsh,
inequitable and oppressive consequences to the
debtor.
60. Specific performance plus damages as a
remedy is not available if:
a. Purely personal obligations to do
b. Purely personal obligations not to do
61. Which of the following is not a voluntary
breach?
a. Mora
b. Dolo
c. Culpa
d. Caso fortuito

62. Who is a good father of a family?
a. He who is knows everything about the future.
b. He who takes precautions when circumstances
suggest danger.
63. Which of the following is not a consequence of
breach?
a. The obligation is performed at the debtor’s
expense.
b. The obligation is done with debtor’s
imprisonment.
c. The obligation is done with payment of
damages.
d. The obligation poorly done is undone.
64. The remedy of having the obligation done by
the debtor or by another at the debtor’s expense
can be availed of when:
a. The obligation is impossible by nature.
b. The obligation is barred by a sunset clause.
c. The obligation is subsequently forbidden by law.
d. The obligation is prejudicial to the rights of a
third person.
65. TRUE OR FALSE: In case the remedy
mentioned in the next preceding number isnot
available, collection of damages is also not
available.
66. In reciprocal obligations, there is delay:
a. From the time the obligee judicially demands it.
b. From the time the oblige extrajudicially
demands it.
c. From the time the other party complies with his
obligation.
d. From the time the period stated in the
obligation expires or lapses.
67. What is an element of delay?
a. Obligation must not be due, demandable and
liquidated.
b. A judicial or extrajudicial demand has not been
made by the creditor.
c. Compliance of the debtor of the creditor’s
demand for him to perform.
d. Debtor does not perform his positive obligation
on the date agreed upon.
68. There is no need of demand in case:
a. The obligation is reciprocal in nature.
b. There is express waiver of demand.
c. There is a case filed in court.
69. Which is default on the part of the creditor?
a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
70. TRUE OR FALSE: Mora solvendi does not
apply to natural obligations.
71. TRUE OR FALSE: Mora solvendi does not apply
to negative obligations.
72. TRUE OR FALSE: Mora solvendi does not
make the debtor liable for fortuitous events.
73. TRUE OR FALSE: If the debtor can prove that
loss would nevertheless transpire even if he had
not been in default, the court may equitably
mitigate his liability.
74. What is the remedy of the debtor in case of
mora accipiendi?
a. Annul the contract
b. Sue creditor for damages
c. Consign the thing
d. Compel the creditor to accept
75. Which is an effect of mora accipiendi?
a. Debtor becomes liable for damages.
b. Creditor becomes liable for damages.
c. Debtor becomes liable for loss of the thing due
to fortuitous events.
d. Creditor becomes liable for loss of the thing due
to fortuitous events.
76. In reciprocal obligations, PARTY A cannot
compel immediate compliance from PARTY B if:
a. PARTY A is in delay.
b. PARTY B is in delay.
c. PARTY A has already performed his obligation.
d. A different date for PARTY B’s performance is
stipulated.
77. What is the effect of performance by parties of
their reciprocal obligations?
a. Compensation
b. Condonation
c. Novation
d. Payment
78. Delay still has effect when:
a. The debt has not yet prescribed.
b. Creditor condones delay expressly.
c. Creditor condones delay impliedly.
d. The debt’s due date has been moved.
79. Which fraud is cause for annulment of the
contract?
a. Causal fraud
b. Incidental fraud
80. What is an example of incidental fraud?
a. Debtor delivers a thing of lower quality than
that stipulated in the contract.
b. Debtor convinces creditor is engaged in a
certain business but actually not.
81. Which is not allowed by law?
a. Waiver of past fraud
b. Waiver of future fraud
c. Waiver of past debt
d. Waiver of future debt
82. Which is not a remedy in case of fraud?
a. Unilateral abandonment of the contract
b. Annulment of the contract
c. Specific performance
d. Damages
83. Which breach admits of mitigation of liability?
a. Diligence
b. Negligence
c. Causal fraud
d. Incidental fraud
84. Which breach can be converted into fraud?
a. Delay
b. Wanton delay
c. Negligence
d. Wanton negligence
85. TRUE OR FALSE: Negligence plus bad faith is
considered delay.
86. What is the effect of contributory negligence
on the part of the creditor?
a. Cancellation of the contract
b. Mitigation of recoverable damages
c. More liability on the part of debtor
d. Extinguishment of the obligation
87. TRUE OR FALSE. If the negligent act or
omission of the creditor is the proximate cause
which has lead to the damage or injury
complained of, he cannot recover.
88. Which of the following is NOT a requisite for
the application of the rule on fortuitous events?
a. The cause of the event is independent of the will
of the debtor.
b. The event is unforeseeable or unavoidable.
c. The occurrence renders it absolutely impossible
for the debtor to fulfill his obligation in a normal
manner.
d. Debtor has participated in the aggravation of
the injury to the creditor.
89. TRUE OR FALSE:
a. Contributory negligence on the part of the
debtor in caso fortuito frees him from liability.
b. It is enough that the fortuitous event is merely
contributory to the impossibility of the debtor’s
performance of his obligation.
c. That something is difficult to foresee makes it a
fortuitous event.
90. Which of the following is a force majeure?
a. Earthquakes
b. Storms
c. Floods
d. Wars
91. TRUE OR FALSE:
a. Both force majeure and acts of god are
independent of the will of the obligor.
b. There is liability even in cases of acts of god if
law provides.
c. There is liability for acts of god if the obligation
requires assumption of risk.
d. There is liability for acts of god if parties
stipulate.
e. The debtor is not liable for acts of god even if
he’s guilty of malice or bad faith.
f. The obligor is not liable for acts of god even if he
promises to deliver the thing to two or more
persons not having the same interest.
g. The debtor is not liable for acts of god even if he
contributed to the loss.
h. The debtor remains liable for acts of god if he is
guilty of fraud, delay, negligence or contravention
of tenor.
i. The debtor’s generic obligation is not
extinguished by acts of god.
92. What action can a creditor bring to cancel all
contracts entered into by the debtor in fraud of
the former?
a. Specific performance
b. Accion subrogatoria
c. Accion pauliana
d. Collection