True? 1. If an obligation states that the debtors bind
Later,
themselves jointly and severally, the obligation is
considered joint.
C 2. If the obligation is payable in foreign currency
a. the obligation is void.
b. the obligation is valid, but the stipulation is void.
c. the creditor can compel the debtor to pay in foreign
currency as per agreement.
d. The stipulation and the obligation are void.
C 3. A sold his cow to B for P2,500. No date was stipulated
for the delivery of the cow. While still in the possession of
A, the cow gave birth to a calf
a. A is entitled to the call because it was born before his
obligation to deliver the cow arises
b. A is entitled to the calf as B has not paid the price.
c. B is entitled to the calf which was born after the
perfection of the contract.
d. B in order to be entitled to the calf, should pay additional
cost for the calf to be agreed upon by both
parties
E 4. Which of the following is not a special mode of
payment (1 point)
a Dacion en pago
b. Payment by cession
c. Tender of payment and consignation
d. Consignation alone without the need of tender of
payment in cases provided for by law
e None of the above
True 5. A lender can recover the principal of a loan in a
usurious contract even if the contract is void as to the
interest.
False 6. The nullity of the penal clause carries with it that
of the principal obligation.
False 7. In alternative obligation, the right of choice
belongs to the creditor, unless it has been expressly granted
to the debtor.
True 8. As a rule, a creditor has a right to the fruits of the
thing from the time the obligation to deliver it arises.
B? 9. D owes C P10,000 payable on December 25.
D forced to sign a promissory note for P10,000 payable on
December 25 If all the other requisites of compensation are
present, are both debts extinguished?
a Yes, under legal compensation
b. No, B's consent was obtained by force.
c. Yes, with the approval of the court
d. Not given
A 10 The delivery and transmission of ownership of thing
by the debtor to the creditor as an accepted equivalent
performance of an obligation is called.
a Dacion en pago
b Payment by cession
c. Consignation
d. Remission
False 11. Negligence signifies the idea of delay in the
fulfillment of an obligation
False 12. The indivisibility of an obligation necessarily
implies solidarity.
True 13. Prestation is the object or subject matter of the
obligation
False? 15. All rights acquired in virtue of an obligation are
transmitted in the absence of any law or stipulation to the
contrary.
False 16. Payment made by a third person who does not
intend to be reimbursed by the debtor is deemed to be a
donation which requires the debtor's consent of the debtor's
consent is not given the obligation is not extinguished.
True 17. When the fulfillment of the suspensive or
resolutory condition depends upon the sole will of the
debtor, the conditional obligation shall be void
C? 18. S owns an oil painting. Being in need of money, S
sold the painting to B for P1000. After the sale S
discovered that the painting was valuable and was worth
P5,000.
a. S may rescind the contract on ground of lesion or
inadequacy of cause.
b. S may annul the contract on ground of fraud.
c. S may annul the contract on ground of error.
d. B is entitled to the benefit of the contract because it is
valid and binding.
D 19. Culpa aquiliana as distinguished from culpa
contractual.
a Proof of due diligence in the selection and supervision of
employees is not available as a defense.
b. Proof of the contract and of its breach and of its breach
is sufficient prima facie to warrant recovery
c. The negligence of the defendant is merely an incident in
the performance of the obligation
d. The source of liability is the defendant's negligent act or
omission itself.
False 20. D obliged himself to give C P1.000.000 if the
latter would not kill X a third person. In this case, both the
condition as well as the obligation is void.
False 21. An example of debt that may be compensated is
that arising from a deposit
D? 22 A pedestrian who was hit by a taxi and suffered
physical injuries can bring an action based on culpa
aquiliana against the operator of the taxi.
A pedestrian who was injured because of the recklessness
of a bus driver can bring an action of culpa criminal against
the driver but not the owner.
a No, Yes
b. Yes, No
c. No, No
d. Yes, Yes
True 23. Responsibility arising from fraud is demandable
in all obligations. Any waiver of an action for future fraud
is void.
B 24. Daryl owes Cris P100 By mistake Daryl pays Cris
P1000. Cris must return the P900. This is an example of
a Negotiorum gestio
b. Solutio indebiti
c. Natural obligation
d. Quasi delict
False 25. Mora is a term used to denote delay or default in
the performance of fulfillment of an obligation Mora
accipiendi is that delay or default which is attributable to
both parties in reciprocal obligations.
A 26. A juridical relation known as negotiorum gestio
takes place.
a When a person voluntarily takes charge of another
abandoned business or property without the owner's
consent
b. When something is received and there is no right to
demand it and it was delivered through mistake.
c When a person is appointed by a court to take the
property or business of another.
d. None of the above.
A 27. When there is a return of what was not lawfully
required, there is:
a Solutio indebiti.
b. Negotiorum gestio.
c. Cession en pago.
d. None of the above.
B?? 28. Which of the following is not a conditional
obligation?
a D to give P1,000, if C passes the examination
b. D to pay C P1,000, if C has the means.
c. D to give a horse if marries X.
d. None of the above
D 29. A person obliged to give something must preserve
the object using a standard of care or diligence. This
standard of care or diligence may be.
a diligence provided by law.
b diligence provided by agreement of the parties
c. diligence of a good father of the family
d any of the above
True 30. The condition not to do an impossible thing shall
render the obligation demandable at once.
False? 31. Payment made by the debtor to a third person
who is not the creditor shall never extinguish the obligation
True 32. Efficient cause is the legal or juridical tie which
binds the parties to the obligation
False 33. D binds himself to pay C P10,000. The court in
this case shall fix the period, since the parties failed to fix
the period
False 34. As a rule, the creditor has a right to the fruits of
the thing from the time the obligation is perfected.
D 35. Obligation may be modified by:
a Changing their object or principal conditions
b. Substituting the person of the debtor.
c. Subrogating a third person in the rights of the creditor.
d All of the above
B? 36 Example No. 1 D owes C P 10,000 due on
December 25. C owes D P6,000 due on December 25 D's
obligation is guaranteed by G On the due date, D is
insolvent. C is liable to C for P10,000, he (C) cannot set up
compensation because he is not a principle debtor.
Example No. 2: D owes C P10,000 payable on December
25. Later, D, through intimidation was able to make C sign
a promissory note stating that is indebted to D for the same
amount. In here, D cannot be acquired to pay C P 10,000
because he (D) can set up compensation against C.
a Both examples are true
b. Both are false.
c. Only No 1 is true; No. 2 is false.
d Only No. 1 is false; No. 2 is true.
True 37. A person is obliged to deliver a determinate thing
including its accession and accessories, even though they
may not have been mentioned in the agreement.
A 38. Statement No 1: “if the obligation does not fix a
period, but from its nature and the circumstances, it can be
inferred that a period was intended, the court may fix the
duration thereof. Once it is fixed by the court, the parties
cannot change the fixed date for performance.
Statement No. 2: "I will give you P10,000 as soon as
possible." This is an obligation with a period for the benefit
of both the debtor and creditor
a Both are true
b. Both are false
c. No. 1 is true No. 2 is false.
D. No. 1 is false: No.2 is true.
C?? 39 Al has been missing for sometime leaving no one to
manage his properties Bo and Cyrus jointly took charge of
the management thereof. However, due to the fault of Bo,
the properties of Al were damaged. The liability therefore
to Al for damages shall be (1 point)
a. Only Bo shall be liable.
b. Both shall be jointly liable.
c. Both shall be solidarily liable.
d. They are not liable since Alis at fault for having
abandoned his properties.
False? 40 A natural obligation is a valid obligation
True 41. Whenever in an obligation a period is designated,
it is presumed to have been established for the benefit of
both the creditor and the debtor
B 42 Statement No. 1; The concurrence of more than one
creditor or more than one debtor in one and the same
obligation implies solidarity
Statement No. 2 In alternative obligations where the right
of choice is exercised by the creditor consent of the debtor
as to the creditor's choice of which prestation to perform is
necessary. (1 point)
a Both statements are true.
b. Both statements are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. 1 is false while statement No. 2 is true.
False 43. A is obliged by contract to deliver a specific car
to B. A is not obliged to deliver the "jack" of the car to B
because the delivery of the jack is not mentioned in the
contract
D 44. A wrong committed independent of a contract and
with criminal intent (1 point)
a Quasi-contract
b. Culpa contractual
c. Cupa aquliana
d Culpa criminal
A 45. D owes C P200,000 but the debt had already
prescribed. If D, knowing that it has prescribed,
nevertheless paid , he cannot later on get back what he
voluntarily paid C This is an example of a
a Natural obligation
b. Moral obligation
c Civil obligation
d. Personal obligation
True 46. Without demand from the creditor, the debtor,
even if he fails to perform the obligation on the agreed date
does not incur delay.
False 47. In order to be awarded damages, the creditor
must prove negligence in breaches of contracts through
negligence, as the latter is a substantial incident of the
obligation.
False 48. Solidarity cannot exist if the creditors and the
debtors are not bound in the same manner and by the same
periods and conditions.
False 49. D obliged himself to pay to the sum of P50,000
which he owes him when he (D) feels like it. This kind of
obligation is valid and legally enforceable
False 50. Responsibility arising from negligence or culpa
in the performance of an obligation is demandable. Culpa
aquiliana is that fault or negligence which results from
breach of contract.
True 51. An example of an obligation with a period is
when A premises to pay B P10,000 one month from the
death of C.
D 52 Which of the following is an obligation with a period
for the benefit of both the debtor and the creditor?
a Payable if I like
b. Payable when you like
c. Payable on or before December 25, 2010
d Payable on December 24, 2010
D 53 Statement No. 1: When the prestation is negative and
the debtor is precluded from doing an impossible or
unlawful condition, the entire obligation including the
condition, is null and void.
Statement No. 2. in an obligation subject to a period, what
is suspended is the birth of the obligation
a Both statements are true.
b. Both statement are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. 1 is false while statement No. 2 is true.
True 54. In obligations arising from law, the duty to deliver
the fruits arises from the duty to deliver the principal
object.
False 55. In case an extraordinary inflation or deflation of
the currency stipulated should supervene, the value of the
currency at the time of the maturity of the obligation shall
be the basis of payment.
False? 56. A stipulation to pay a domestic obligation in
foreign currency shall render it void but the obligation
remains to be valid
True 57. There is no delay in an obligation not to do
something.
B/C?? 58. Statement No. 1: in culpa aquiliana negligence
on the part of the debtor is a substantial issue which must
be proved by the creditor in order to be entitled to an award
of damages
Statement No. 2: The highest standard of care that a person
obliged to give something is that diligence of a good father
of a family
a Both statements are true.
b. Both statements are false.
c Statement No. 1 is true while statement No. 2 is false.
d. Statement No. 2 is false while statement No. 2 is true.
True 59. The obligation to give a determinate thing
includes that of delivering all the accessions and
accessories, even though they may not have been
mentioned in the agreement
True 60. A solidary creditor cannot assign his rights,
without the consent of the others.
False 61. In novation by way of expromission there can be
a revival of the original debtor's obligation should the new
debtor turns out to be insolvent and such is of public
knowledge
B 62 Example No. 1 D obliged himself to give P10,000
However, the day before the obligation falls due, D's
apartment was completely gutted by accidental fire. There
is no question that the money was also razed by fire. The
obligation of D is totally extinguished because of fortuitous
event.
Example No. 2: D obliged himself to pay C P 10,000 with
6% interest. On the due date, tendered P10,000 with a
promise to pay the P600 interest the day after If C refused
to accept, he can be compelled to accept the tendered
payment because the obligation is divisible.
a Both are true
b. Both are false
c. No. 1 is true No. 2 is false.
d. No. 1 is false No. 2 is true
A? 63. Statement No. 1: D obliged himself to give C a
specific car tomorrow. If D failed to deliver tomorrow after
demand is made C may compel D to do his obligation and
may ask for damages
Statement No. 2 D obliged himself to deliver a car to C
tomorrow. If D failed to deliver tomorrow after demand is
made C's right is to ask a third person to deliver a car to
him at the expense of D plus damage
a Both are true
b. Both are false
c. No. 1 is true No. 2 is false.
d. No. 1 is false. No 2 is true
True 64. Payment made in good faith to any person in
possession of the credit shall extinguish the debtor's
obligation.
False 65. D binds himself to pay 'little by little". The
obligation is for the benefit of the debtor.
D. 66. The following except one are secondary modes of
extinguishing obligations. Which is that exception?
a death of both parties
b. prescription
c. compromise
d. changing the object of the obligation with the consent of
the parties
C. 67 Statement No. I: “Legal compensation takes place by
operation of law even if the parties may not be aware of.”
Statement No. 2. The indivisibility of an obligation
necessarily implies solidarity
a Both statements are true.
b. Both statements are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. 1 is false while statement No. 2 is true.
B 68. An obligation wherein various things are due but the
complete performance of all of them is necessary to
Extinguish the obligation
(1 point)
a Facultative obligation
b. Conjoint obligation
c. Alternative obligation
D. Pure or simple obligation
False 69. The owner and operator of a taxicab who had
been negligent while driving the cab can be held liable for
damages for injuries sustained by his passenger based on
culpa aquiliana
True 70. Payment by cession does not always extinguish
the whole obligation.
A 71. The passage of time extinguishes the obligation:
a Prescription
b. Fulfillment of resolutory condition
c. Arrival of resolutory period
d. Remission
e Rescission
B/C?? 72. When Al voluntarily takes charge of the
neglected business of Bo without the latter's authority
where reimbursement must be made for necessary and
useful expenses, there is a
a Quasi delict
b. Quasi-contract
c Negotiorum gestio.
d. Solution indebiti
False 73. Delay or mora is defined as the failure of the
debtor to observe the required standard of care required by
the nature of the obligation taking into consideration the
circumstances of time, person event and place.
B 74. On June 1, 2010, S sold to B the former's horse for
P10,000. S promised to deliver on June 25, 2010, while B
did not promise when to pay.
a B can demand delivery from S anytime after June 1, upon
payment of the price of the sale
b. S cannot demand payment until he delivers the horse.
c. Obligation of B to pay is subject to the condition that
will deliver the horse
d. S can demand from B payment anytime from June 1,
because E's obligation is not subject to any condition.
True 75. The creditor acquires real rights over the thing
from the moment the thing is delivered and nor from the
time the obligation to deliver it arises.
True 76. In delegacion, the insolvency of the new debtor
may at times revive the original debtor's obligation.
True 77. Solidarity may exist although the creditors and the
debtors may not be bound in the same manner and by same
periods and conditions
True 78. Just before the obligation became due and
demandable, the debtor proposed to the creditor that he
would give him a specific cart instead of paying P150,000,
and which proposal was accepted by the creditor. Here,
there is extinguishment of an obligation by way of dacion
en pago.
True 79. The payment of debts in money shall be made in
the currency stipulated, and if it is not possible to deliver
such currency which is legal tender in the Philippines
B 80. A wrong committed independent of contract and
without criminal intent is-
a Culpa contractual
b. Culpa aquliana
c delict
d quasi-contract
e none of the above
C? 81. All of the following except one are civil liabilities
arising from crime
a restitution
b. reparation of the damaged caused
c imprisonment
d. indemnification for consequential damages
D? 82. Which of the following is considered as quasi-
contract?
a Solutio indebiti.
b. When the third person without the knowledge of the
debtor, pays the debt
c. Reimbursement due the person who saved property
during fire or storm without the knowledge of the owner.
d. All of the above.
E?? 83. A mango tree in the land of Osni is reclining
towards the road. All of a sudden without a storm or an
earthquake or even a strong wind, the tree fell hitting a car
belonging to Yassie causing a P20,000 damage
The liability of Osni to Yassie arises from
a Law
b. Quasi-contracts
c. Contracts.
d. Crime
e Quasi-delict
A 84. Statement No. 1 Responsibility arising from fraud is
demandable in all obligations. A waiver of an action for
future fraud is void
Statement No. 2. When the fulfillment of the condition
depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon
the will of a third person the obligation shall take effect in
conformity with the provisions of laws.
a Both statements are true.
b. Both statements are false.
c. No. 1 is false No. 2 is true.
d No. 1 is true, No. 2 is false
False 85. Novation, which consists in substituting a new
debtor in the place of the original one, may not be made
without the consent of the debtor
True 86 The concurrence of 2 or more creditors and 2 or
more debtors in one and the same obligation does not
imply that each one of the creditors has a right to demand,
or that each one of the debtors is bound to render entire
compliance with the obligation.
False 87. In civil obligation, the fulfillment of the
obligation depends solely on the conscience of the person
B/A?? 88. A civil liability which involves the return of the
object of the crime whenever possible, plus alowances for
any deterioration or diminution of value as may be
determined by the court to the rightful owner- (1 point)
a reparation
b. restitution
c. indemnification
d. imprisonment
D 89. Three of these are characteristics of payment by
cession Which is the exception?
a complete or partial insolvency.
b more than one debt
c. abandonment of all the debtor's properties except those
exempt from execution.
d. one debtor, one creditor
False? 90. The giving of money order for the full amount
of the obligation is payment.
False? 91 Civil fruits are those produced by lands of any
kind through cultivation
False? 92. The principal remedy of the creditor in case the
debtor is guilty of fraud in the performance of an obligation
is basically to file an annulment of the obligation with
damages
A? 93. A owes B P2.000 demandable and due on
September 10, 2010. B, on the other hand, owes A P2,000
demandable and due on or before September 30, 2010. If
claims compensation on September 10, 2010, can A
rightfully oppose?
a No. B, who was giving the benefit of the term, may claim
compensation because he could then choose to pay his debt
on September 10, 2010 which is actually "on or before
September 30, 2010."
b. Yes. A can property oppose because for compensation to
take place, mutual consent of both parlies is necessary
c. Yes. A can property oppose and if B still refuses to
accept his payment made on September 30,
2010, A can deposit his payment in court
d. None of the above
True 94 When the conditions have for their purpose the
extinguishment of an obligation to give the parties, upon
the fulfillment of said conditions, shall return to each other
what they have received.
A?? 95. Example No. 1: D for P10.000 mortgaged his land
to c. C instead of a deed of mortgage executed a deed of
sale and let D sign his name D's right is to go to court and
ask for annulment
Example No. 2: D obliged himself to give object No. 1 or
object No. 2 to C. In here, both objects are due.
a Both are true
b. Both are false.
c c No. 1 is true No 2 is false.
d No. 1 is false, No 2 is true
B? 96. D1, D2 and D3 are solidary debtors of C for
P30,000. The obligation was in writing. After the lapsed of
the ten- year prescriptive period, which of the following
statement is incorrect.
a. D1 paid C knowing that the obligation has already
prescribed, D1 cannot ask reimbursement from D2 and D3
b. if D1 paid not knowing that the obligation has already
prescribed, D1 cannot ask reimbursement from D2 and D3.
c. lf D1 paid C not knowing that the obligation has already
prescribed, his right is to proceed against C because there
was undue payment.
d None of the above
True 98 Payment means not only the delivery of money but
also the performance, in any other manner of an obligation
D? 99. Statement No. 1: in solutio indebiti, the contract of
the parties is the basis for damages in case of non-
performance
Statement No. 2. Dolo", as a ground for awarding damages,
is the deliberate intention to cause damage or injury to
another person
a Both are true
b. Both are false.
c. No. 1 is true No 2 is false.
d. No. 1 is false No. 2 is true
True 100. Obligations arising from contracts have the force
of law between the contracting parties and should be
complied with in good faith
True 101. In obligations with a penal clause, the penalty
shall substitute for damages and the payment of interest in
case of noncompliance.
False 102. In order that the creditor can demand the penalty
in an obligation with a penal clause, it is necessary that he
show proof of actual damage suffered by him
False 103. When the debtor binds himself to pay when his
means permit him to do so, the obligation shall be deemed
to be conditional.
D. 104. G was appointed guardian of S. the latter being 16
years old. S sold his parcel of land in writing to B valued at
P100,000 for P75,000, suffering lesion by' of the value.
What is the status of the contract?
a Rescissible
b. Unenforceable
c. Enforceable
d Voidable
A? 105. The obligation of the employer to pay death
benefits and funeral expenses for his employee's death
while in the course of employment as sanctioned by the
Workmen's Compensation Act is one that arises from
a Law
b Contracts
c. Quasi-contracts
d. Answer not given
False 106. The concurrence of two or more debtors and
two or more creditors in the same obligation is presumed to
be a solidary obligation.
C 107. Which of the following is not an obligation with a
period? (1 point)
a "Payable soonest"
b. An obligation payable little by little
c. Will pay you P10,000 If I like
d. Payable "within 2 years from today'
e. All of the above
True 108. The renunciation of the principal debt shall
extinguish the accessory obligations; but the waiver of the
latter shall leave the former in force
True 109 Prescription is the extinguishment of an
obligation by the passage of time
D? 110. Which of the following is not an obligation arising
from law? (1 point)
a Delict
b. Quasi-contract
c. Quasi-delict
d Contract
C/D/A?? 111. S sold to B a specific car for P10,000 and
promised to deliver on December 25, 2017. The next day,
after the sale is made, he sold the same car to X and
delivered it to X on the same day. If no delivery is made by
S to B on December 26, 2017, which of the following is
correct?
a Sis not in default because there was no demand.
b. B can cancel the contract between S and X because the
contract of S and B was perfected ahead of X.
c. S is liable to B for the value of the car plus damages.
d. S is in default, even if there was no demand. Hence, he
will answer for damages
False. 112. Future fraud on the part of the debtor can be
waived
False 113. In alternative obligation, both parties have equal
rights of choice.
C 114. The act of abandoning all his properties in favor of
his creditors so that the latter may cause their sale and
apply the proceeds thereof to their daims proportionately is
called
a dacion en pago
b. set off
c. payment by cession
d tender of payment with consignation
B 115. Which obligation is not valid?
a promise to give you P100,000 on December 25, 2010
b. 1 promise to give you P100,000, if I go to Sampaloc
Quezon this weekend."
a promise to give you P100,000 if your patient dies."
d. promise to give you P100,000 if you pass the May 2010
CPA Board Examination."
False 116. Remission of an obligation obtained by one of
the solidary debtors shall entitle him to get a share from his
co-debtors by way of reimbursement
False 117. After substitution in facultative obligations, the
loss of the principal through the fault or negligence of the
debtor shall render him liable for damages in favor of the
creditor
False? 118. In culpa contractual, negligence on the part of
the debtor must be first proved by the injured person in
order to be awarded with damages.
False? 119."I promise to give you a specific ring if I go to
Subic this Sunday". This kind of obligation is valid and
legally demandable from the creditor should he really go to
Subic as he promised
False 120. The nullity of the principal obligation does not
carry with it that of the penal clause.
E 121. Consignation alone shall give rise to the
extinguishment of an obligation, EXCEPT: (7 point)
a When the creditor is absent or unknown, or does not
appear at the place of payment.
b. When he is incapacitated to receive the payment at the
time it is due.
c. When two or more persons claim the same right to
collect
d When the title of the obligation has been lost
e. None of the above
D 122 Every obligation whose performance does not
depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This
refers to:
a Divisible and indivisible obligations
b. Joint and Solidary obligations
O c Obligations with a period
d. Pure obligation
C? 123. In which of these cases is advanced payment
recoverable by the debtor?
a. lf the payment is only of interest credited for the proper
period.
b. If the debtor voluntarily paid the obligation knowing that
it is not yet due and demandable
c. If the debtor was unaware of the period.
d. If the obligation is reciprocal and both parties advanced
payment
True 124. The thing is deemed lost when it perishes, or
goes out of commerce, or disappears in such a way that its
existence is unknown or it cannot be recovered.
False 125. Whenever in an obligation a period is
designated, it is presumed to have been established for the
benefit of the debtor, unless from the tenor of the same it
should appear that the period has been established in favor
of the creditor
A?? 126. Example 1-D obliged himself to give a specific
ring upon failure to give P10,000.
Example 2-D obliged himself to give a specific ring.
However, if he so desires, D may instead give P10,000
a Both are valid obligations.
b. Only No. 2 is valid.
c. Only No 1 is valid
d. Both obligations are invalid because both depends upon
the sole will of D.
True? 127 The creditor is not compelled to accept payment
in check or other negotiable instruments
False?? 128. In alternative obligations, what converts the
same into a pure or simple obligation is the choice of
prestation to be performed by the debtor.
D. 129. The following are causes vitiating consent,
EXCEPT:
a Violence
b. Intimidation
c. Fraud
d. None of the above
True?? 130 Interests are recoverable if obligations consist
in payment of money upon judicial demand
C? 131. Which of the following statements is false?
a The nullity of the principal carries with it that of the
penal clause
b. Proof of actual damages suffered by the creditor is not
necessary in order that the penalty may be demanded.
c I will pay you P10,000 "soonest" is for the benefit of the
debtor
d. Condonation is essentially gratuitous.
True? 132. A solidary debtor is at all times entitled to
reimbursement from his co-debtors if he pays for their
obligations.
B 133. It is one of the essential elements of an obligation
a A maker or draver
b. An object or prestation
c. A drawee
d money
True? 134. Every person obliged to give something is also
obliged to take care of it with the proper diligence of a
good father of a family
D. 135. Statement No. 1: The receipt of the principal
obligation without reservation as to the payment of interest
shall raise a conclusive presumption that the interest is also
paid
Statement No. 2. The receipt of the latter installment of a
debt without reservation as to prior installment, shall not
raise a conclusive presumption that the prior installment is
also paid.
a Both are true
b. Both are false.
c. No. 1 is true No. 2 is false
d. No. 1 is false No. 2 is true
True 136 Ten sacks of corn cannot be compensated legally
by ten sacks of rice
True? 137. In facultative compensation, the debtor is
legally allowed to have the two obligations set off
False? 138. After the obligation became due and
demandable, the creditor agreed to a proposal by the debtor
to give him a specific cow instead of paying P25,000. This
is a case of novation by changing the term or the object of
an obligation
True 139. In an obligation subject to a suspensive period,
what is suspended is the birth of the obligation
C? 140. Daryl is the driver of the passenger bus which is
owned and operated by Osni While Daryl is driving said
bus, it met an accident through his negligence where Prots,
a passenger, was injured Daryl is liable to Prots for
damages which arises from (1 point)
a law
b. Quasi-contracts
c. Contracts.
d Crime
e. Cupa contractual
D? 142. Which of the following is not a generic obligation?
a obligation to pay P5,000
b.obligation to deliver 2009 Nissan Sentra Series III
c. obligation to deliver 50 cavans of rice
d obligation to give a delimited generic object
B? 143. Change of persons or objects: (1 point)
a Confusion
b Novation
c. Solutio indebiti
d. None of the above
D?? 144. III give you my car one year after your death."
The obligation is
a valid, because the event is sure to come.
b valid, the obligation is conditional
c. valid, but disregard the condition
d. void, not legally possible.
False 146. D issued a promissory note payable to the order
of C with G as the guarantor. The same note was
negotiated by C to A, A to B, B to E, then lastly from Eto
G. The merger taking place in the person of G extinguishes
the principal obligation
C 147. Three of the following are requisites of an
obligation. Which is the exception?
a Prestation
b. Efficient cause
c. Delivery
d. Passive Subject
B 148. Meeting in one person of the characteristics of both
debtor and creditor in one and the same obligation
extinguishes the obligation by way of
a novation
b merger of confusion
C. compensation or set-off
d condonation or remission
C? 149. The kind of compensation which may only be
raised by the creditor and not by the debtor in the
obligation to give gratuitous support:
a judicial compensation
b. conventional compensation
C facultative compensation
d legal compensation
A? 150. A judicial relation known as Negotiorum Cestio
takes place.
a When a person voluntarily takes charge of another's
abandoned business or property without the owner's
consent.
b. When something is received and there is no right to
demand it and it was delivered through mistake.
c. When a person is appointed by a court to take the
property or business of another.
d. None of the above
False 151 Suspensive condition is one which extinguishes
the obligation upon the happening of the condition
False 152 In expromission, the insolvency of the new
debtor may at times revive the original debtor's obligation
C? 153 The wrongful act or tort which causes loss or harm
to another is called:
a Damages
b. Damage
c Injury
d. None of the above
True 154. Unless the law or stipulation of the parties
requires another standard of care, the debtor is obliged to
take care of the thing with the proper diligence of a good
father of a family.
D 155. Conrad and Charlie are jointly indebted to Pete for
P100,000. Pete assigned his interest to Crispin who
assigned it back to Conrad.
a The debt is totally extinguished by compensation
b. The debt is totally extinguished by merger.
c The debt is partially extinguished by compensation
d. The debt is partially extinguished by merger.
A 156 The officious manager or gestor is liable for any
fortuitous event, except
a lf he has undertaken risky operations which the owner
was 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 bad faith.
True? 157. An obligation "to pay P300,000" contracted by
X, Y and Z in favor of A, B and C is a divisble obligation.
True 158 In joint obligation, if one of the debtors is
insolvent, the others shall not be liable for the payment of
his share
B? 159. A source of obligation where there is criminal
negligence (1 point)
a culpa contractual
b quasi-contract
c. culpa delictual
d culpa aquiiana
True 160. No person shall be responsible for events which
could not be foreseen, or which though foreseen, were
inevitable.
C. 161. Which of the following obligations is not subject to
a period?
a payable soonest
b. payable "little by little
c. payable whenever "I like it"
d. payable "when my means permits me to"
B. 162. Consignation alone, as a special form of payment,
may extinguish an obligation under any of the following
instances. Which is the exception?
a When the creditor is absent, or is unknown or does not
appear in the place of payment.
b. When the creditor is capacitated to receive payment.
c When the creditor refuses to issue receipts
d When there are two or more persons claiming title to one
and the same obligation
e. When title to the same obligation has been lost.
True? 163. Debtor obliges himself to pay Creditor
P500,000 on or before December 31, 2019 on demand. In
this case the period is established for the benefits of the
debtor.
True? 164. An obligation payable "as soon as possible" is
an obligation with a period for the benefit of both the
debtor and the creditor
C? 165 A and B are solidary debtors of X and Y solidary
creditors to the amount of P4,000. On the due date, X
renounced in favor of A the entire obligation Which of the
following is correct?
a B shall give A P2,000.
b. Y can still collect from A or B P2,000.
C. Y can collect from X P2,000.
d. Any of the three.
e. None of the above
True? 166. An obligation in money is a divisible obligation
C? 167. When the debtor binds himself to pay when his
means permit him to do so, the obligation is: (1 point)
a Pure
b. Conditional
c. With a period
d Simple
e. None of the above
A? 168. S owns specific ring and sells it to B for P10,000.
B paid S the price, and S promised to deliver the ring five
(5) days after After the sale, S gets a loan from X and
pledged the ring in a private instrument.
Statement 1 - Between 0 and X, B has got a better title
because the pledge did not appear in a public instrument
Statement 2 - However, if S delivers the ring to X, X will
have a better title because there was delivery
a Both are true
b Both are false
c. No. 1 is true; No 2 is false
d. No. 1 is false No. 2 is true,
True?? 169. A quasi-contract does not require consent of
the contracting parties.
True 170. When the debtor is guilty of fraud in the
fulfillment of an obligation, a creditor can demand
payment of damages and interest in addition to the penalty
True? 171. Obligation for whose fulfillment a day certain
has been fixed, shall be demandable only when that day
comes. Obligation with a resolutory period takes effect at
once, but terminates upon arrival of the day certain
A? 172. The duty not to recover what has been voluntarily
paid a though payment was no longer recuired:
a Natural obligation
b. Moral obligation
c. Civil obligation
d. None of the above
A?? 173. The loss or harm suffered by one person on his
property is called:
a Damages
b. Damage
с. Injury
d. None of the above
True 174. Loss of a generic thing which is the object of an
obligation, even without the fault of the debtor, does not
extinguish the debtor's obligation
True 175. Proof of actual damage suffered by the creditor
is not necessary in order that the penalty in an obligation
with a penal cause may be demanded
False? 176 The delivery to and acceptance by the creditor
of a certified cashier's check produces payment of the
debtor's obligation
False? 177 The receipt by the principal of the payment for
the principal amount without reservation as to the payment
of the interest creates a presumption that the interest has
been paid while the receipt by the principal of a latter
instalment without reservation as to the payment of a prior
installment creates a conclusive presumption that the prior
installment has been paid
False 178. If the debt produces interest, payment of the
interest shall not be deemed to have been made until the
principal has been covered or paid
B? 179 Statement No. 1: "I will give you a specific car if
you will not marry X this year (2018) If by the end of
2017, both parties are alive and no marriage has taken
place my obligation is extinguished.
Statement No. 2 "I will give you P10,000 if you cannot
make a dead man alive. This is an impossible condition
obligation not demandable.
a Both are true
b. Both are false.
c. No. 1 is true No. 2 is false.
d. No. 1 is false, No. 2 is true
False? 180. Payment made by a third person who does not
intend to be reimbursed by the debtor is deemed to be a
donation which requires the debtor's consent of the debtor's
consent or permission is not giver, but the third person paid
the creditor, his right is to proceed against the creditor not
the
False? 181 D obliged himself “to pay to C the sum of
P50,000 which he owes him when he (D) feels like it”.
This kind of obligation is valid and legally enforceable.

A? 182 The extinguishment of obligations when two

persons, in their own right, are the debtors and creditors of
each other is called

A compensation

B merger

C remission

D novation

C 183 A, B and C joint debtors of joint creditors W,X,Y

and Z in the amount of P300,000. How much can W and X
collect from B

A 75,000

B 150,000

C 100,000

D none of the above

E? 82. Which of the following is not considered as quasi-

contract?

a Solutio indebiti.

b. When the third person without the knowledge of the

debtor, pays the debt

c. Negotiorum gestio

d. Reimbursement due to the person who saved the

property during fire or storm without the knowledge of the
owner

e. none of the above

False? 184 Solutio indebiti is a contract

debtor, for reimbursement and not against the debtor.