Law on Obligations

1. What is the definition of an obligation under Article 1156 of the New Civil Code of the
Philippines?

a. Juridical necessity to Jo or no: to do.

b. Juridical necessity to give or not to give.
C. Juridical necessity to give, to do or not to do.
d. Juridical necessity to give, not to give, to do or not to do.

2. Which of the following statements best describes a negative obligation?

a. It refers to an obligation winch consists of giving or doing something.

b. It refers to an obligation which consists to the delivery or giving of personal or real object.
c. It refers to an obligation which consists of doing a particular prestation but not delivery or an

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object.

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d. It refers to an obligation which consists of abstaining from some act.

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3. Which of the following is a positive and real obligation?

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Obligation to teach
a.

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Obligation not to smoke in public place
b.
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c. Obligation to deliver the goods
d. None of the above
4. Which of the following statements concerning the distinctions between civil obligation and
natural obligation are true:
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I. Civil obligations derive their binding force from positive law, while natural obligations derive
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their binding effect from equity and natural justice.

II. Civil obligations can be enforced by court action or the coercive power of public authority,
while the fulfillment of natural obligations cannot be compelled by court action but depends
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conclusively upon the good conscience of the debtor. However. voluntarily fulfilment of
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natural obligation by the debtor will preclude him from asking for reimbursement from the
creditor of the amount he has voluntarily paid.

a. I only
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b. II only
c. Both I and II
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d. Neither I nor II

5. The following are examples of natural obligations that cannot be enforced by court action but
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depends upon the voluntarily fulfillment of debtor. except

a.The obligation of a debtor to pay a loan evidenced by a written contract of loan but a period
of 10 years had already lapsed from maturity date without demand from creditor.
b.The obligation of a debtor to reimburse a third person who has paid the debtor's obligation
after it has already lapsed.

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 c.The obligation of a testate or intestate heir to pay the debt of a decedent beyond the value
of the property which he received by will or by the law of intestacy from the estate of the
deceased.
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d.The obligation of the employer of 3"Kasambahay to pay the I3' month pay of the latter.

6. It is a source of an obligation that refers to a juridical relation which arises from certain lawful,
voluntary and unilateral act, to the end that no one may be unjustly enriched or benefited at the
expense of another.
a. Delict
b. Quasi contract
c. Contract
d. Q u a s i - de l i c t
7. Which of the following statements concerning the kinds of quasi-contract is correct?

I. Negotiorum Gestio refers to the voluntary management of the property or affairs of another

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without the knowledge or consent of the latter.

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II. Solutio Indebiti refers to the juridical relation which is created when something is received when

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there is no right to demand it and it was unduly delivered through mistake.

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I only
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b.
c. Roth I and II
d. Neither 1 nor II
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8. Article 100 of the Revised Penal Code provides that every person criminally liable for a felony is
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also civilly liable for damages. Under Article 12 of the Revised Penal Code, the following
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persons will not be imprisoned (exempted from criminal liability) but will still be liable for
civil damages (civil liability) for their acts, except
a. An imbecile or insane person.
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b. A minor or any person under 18 years of age.

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c. Any person who acts under the compulsion of an irresistible force.

d. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
e.Any person who acts under self-defense or any person who acts in the performance of his
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official duty or any wife suffering from battered woman syndrome who killed or injured
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his barterer.
9. The civil liabilities arising from crimes are as follows, except
a.Restitution which refers to restoration of the thing itself even though it be found in the
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possession of a third person who has acquired it by lawful means.

b.Reparation of the damage caused which shall be determined by the Court taking into
consideration of the price of the thing and its sentimental value.
c.Indemnification for consequential damages which shall include not only those caused the
injured party but also those suffered by his family or by a third person by reason of the
crime.

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 d. Compromise of the criminal liability.

10. The following are the distinctions between quasi-delict and crime or Mitt, except
a.The right violated by a quasi-delict is a private right while the right violated by a crime is a
public right.
b.Every quasi-delict gives rise to liability for damages to the injured party but there are
crimes from which no civil liability arises.
c.Criminal liability can never be compromised except in criminal negligence but liability
from quasi-delict can be compromised.
d.In quasi-delict, criminal intent is not necessary, while in clinic criminal intent is necessary
except in criminal negligence.
e.In order to convict a person of crime, only preponderance of evidence is required but in
order to prove negligence in quasi-delict, proof beyond reasonable doubt is required.
11. In case of tort, when will the plaintiff or injured party be barred or precluded from recovering damages?

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a.When plaintiff’s own negligence was the immediate, proximate and sole cause of his injury.

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b. When the reason of the injury is a fortuitous event but with contributory negligence of
tortfeasor.

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c.When plaintiff's negligence was only contributory, the immediate and proximate cause of the
injury being the defendant's lack of due care.

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d.When the immediate and proximate cause of his injury is the negligence of the tortfeasor.
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12. While trying to pass each other on a narrow bridge, a passenger bus and a private automobile collided,
and two persons. :k and B. were injured. A was a passenger of the bus while B was a pedestrian. The bus
company was made a defendant although is employee driver was the one driving the bus and the
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owner-driver of the private car was also made a defendant. What can be the source of obligation of
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the bus company as regards to A, the passenger?

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a. Contract of carriage for failure to exercise extra-ordinary diligence

b. Culpa aquiliana or quasi-delict if he exercised diligence of a good father of a family in
selecting his employees.
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c. Culpa criminal or crime and considered a principal liability

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d. Quasi-contract

13.. Using the same data in preceding number, what can be the source of obligation of the driver of
passenger bus as regards to A. the passenger?
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a. Contract of carriage
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b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of A
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14.. Using the same data in preceding number. what can be the source of obligation of the bus company as
regards to B, the pedestrian?
a. Contract of carriage

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 b. Culpa aquiliana if he (ails to exercise the diligence of 3 good father of a family in selecting
his employees
c. Culpa criminal or crime and considered a principal liability
d. Quasi-contract

15. The following are the incidental or accessory obligations in an obligation to deliver a determinate
thing or specific thing or delimited generic thing, except
a. Obligation to preserve the thing with due care.
b. Obligation to deliver the fruits if the fruits occur after the obligation to deliver the
determinate thing arises.
e. Obligation to deliver the accessions and accessories.
d. Obligation to pay for the freight and insurance in transit.

16.. In an obligation to deliver a determinate thing, what degree of diligence shall be exercised by the

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obligor or debtor in the preservation of the determinate or specific or delimited generic thing?

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a.Extraordinary diligence unless the law or the stipulation of the parties requires another

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standard of care.
b.Diligence of a father of a good family unless the law or the stipulation of the panics requires

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another standard of care.
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c.Diligence of a good father of a family or ordinary diligence or diligence of a reasonably
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prudent person unless the law or the stipulation of the parties requires another standard of
care.
d.No diligence unless the law or the stipulation of the panics requires another standard of
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care.
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17. Is the debtor or obligor liable for damages by reason of the loss of the determinate thing due to
fortuitous event?

a.No. as a general rule, except in those cases provided by law.

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b.Yes, as a general rule, unless he is exempted by creditor or obligee.

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c . Yes, in all cases.

d.No in all cases.

18. In an obligation to deliver a determinate thing, when is the debtor or obligor liable even if the loss
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of the determinate thing is due to fortuitous event?

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1..When the debtor or obligor delays in the delivery of the thing.

II.When the debtor or obligor promised the same thing to two or more persons.
a.I only
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b.II only
c . Both I and II .
d. Neither I nor II

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 19. In an obligation consisting in not doing, what is the remedy of the creditor in case the debtor does
what has been forbidden him?
a. It shall be undone at the expense of debtor with no damages.
b. It shall be undone at the expense of debtor with indemnification for damages.
c. Action fur specific performance with damages.
d. Action for rescission.

20. When dots the debtor or obligor incur delay in an obligation to do something?
a.From the time the obligee demands judicially or extrajudicially the fulfillment of
obligation.
b.From the time the obligee demands judicially the fulfillment of obligation.
c.From the time of the perfection of the contract.
d.Front the fulfillment of resolutory condition.

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21. In what type of culpa or negligence will the defense of the exercise of good father of the family in the selection

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of his employees by the employer be a tenable defense?

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a. Culpa criminal

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b. Culpa contractual
c. Culpa aquiliana
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d . Culpa capa
22. A stipulation exempting future liability for damages shall be valid for which of the following?
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a . Gross negligence
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b . Ba d fa i t h
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c.Fraud
d. Simple negligence
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23. It refers to the creditor's right to set side or revoke or rescind the acts or contracts which the debtor
may have done to defraud him.
a.Accion pauliana
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b.Action reindivieatoria
C. Accion publiciana
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d. Accion subrogatoria
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24. Which of the following statements concerning rights acquired by virtue of an obligation is correct?
a.As a general rule, they are not transmissible,
b.They arc transmissible only if there is stipulation to that effect.

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 c.Subject
to the provisions of laws, they are transmissible unless there is stipulation to the
contrary.
d. They are always transmissible.
25. The following obligations are subject to resolutory conditions, except

a.You will be entitled to a cellphone if you pass the bar exam.

b.You can use the car until Regina graduates.
c.You can possess the farm lot until you become a lawyer.
d. You can rem the building until you finish your MBA.

26. Which of the following statements pertains to a potestative condition?

a. It is one which depends upon the sole will of one of the contracting panics.
b. It is one which depends exclusively upon chance or other factors, and not upon will of the contracting
panics.
c. It is one which depends upon the will of the contracting parties and other circumstances, including

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the will of a third person.

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d. It is one which depends upon the arrival of a particular period.

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27. X sells a piece of land to A on January 1,2020 subject to a suspensive condition. Then, on October 4,
2020, X rs e
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sells the land unconditionally to B. The suspensive condition on contract of sale of land to A happens on
December 25.2020. Who shall have the better right assuming there is neither registration of the sale nor
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delivery of possession to either A or B?

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a.B because the sale to him is unconditional.

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b.B because his title is older being dated October 4,2020.

c. A because his title retroacts on January 1,2020 upon fulfillment of the suspensive condition on
December 25,2020.
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d. A because he is the first buyer.

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28. In conditional reciprocal obligations to give, what is the treatment of the fruits and interests during the
pendency of the condition?
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a.They shall inure to the sole benefit of the creditor.

b.They shah inure to the sole benefit of the debtor.
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c.They shall be deemed to have been mutually compensated.

d.They shall be forfeited in favor of the government.
29. In When the thing deteriorates through the fault of the debtor during the pendency of the
condition in an
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obligation to give, what are the alternative remedies of the creditor?

a.lie may only ask for the rescission of the obligation with indemnity for damages.
b.He may only ask for the performance of the obligation with indemnity for damages.
c.The debtor may choose between rescission of the obligation or its fulfillment with indemnity for
damages in either case.

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 d.The creditor may choose between rescission of the obligation with damages or exact fulfillment
with damages.
30. The determinate thing is considered lost in any of the following instances, except

a. When it perishes.
b. When it goes out of commerce.
C. When it disappears in such a way that its existence is unknown or it
cannot be recovered.
d. When it is a destroyed generic thing.

31. It is an obligation which is subject to a space of time which, exerting an influence on

obligations as a
consequence of a juridical act. suspends their demand ability or determines their extinguishment.

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a. Conditional obligation

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b Obligation with a period

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c. Pure obligation
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d. Demandable obligation
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32. The following statements concerning obligation with a period is correct. except
a.Obligations for whose fulfillment a day certain has been fixed, shall be demandable when
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that day comes.

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b. Obligation with a resolutory period takes effect at once. but terminates upon
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arrival of the day certain.

c. C. A day certain is understood to be that which must necessarily come, although it may
not be known when.
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d. d. If the uncertainly consists in whether the day will come or not, the obligation is with a
period.
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33. The following are the limitations on the right of choke in alternative obligations, except
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a. The debtor cannot choose unlawful undertakings.

b.The debtor cannot choose part of one prestation and pan of another.
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e. The debtor cannot choose impossible undertakings or those which could not have been the
object of the obligation.
d. The right to choose is divisible.
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34. In alternative obligations, when shall the choice of prestation produce effect?

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 a. From the moment it is exercised by the debtor.
b. From the moment it is communicated to the creditor.
c.From the moment the creditor consented to the choice.
d. From the constitution of the obligation.

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