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5. The person who has the duty of giving, doing or not doing
a. Obligee
b. Obligor
c. Active subject
d. Creditor
6. The source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate
authorities for common good, benefit and observance
a. Contracts
b. Quasi contracts
c. Delicts
d. Law
7. A supports B, a minor, because B’s father refuses to support B. the father is obliged to reimburse A. the
source of obligation is
a. Contract
b. Quasi contract
c. Delict
d. Quasi delict
8. When a person voluntarily takes charge of another’s abandoned business or property without the owner’s
authority where reimbursement must be made for necessary and useful expenses
a. Quasi contract
b. Quasi delict
c. Negotiorum gestio
d. Solution indebiti
9. When something is received when there is no right to demand it, and it was unduly delivered thru
mistake, the recipient has the duty to return it
a. Quasi contract
b. Quasi delict
c. Negotiorum gestio
d. Solution indebiti
11. A fault or act or omission of care which causes damage to another, there being no pre- existing
contractual relations between the parties
a. Quasi contract
b. Quasi delict
c. Negotiorum gestio
d. Solution indebiti
12. What is the basis of the liability of a school when a student is stabbed inside the campus by a stranger in
the school?
a. Contracts
b. Quasi contracts
c. Delicts
d. Quasi delicts
17. The following except one, are included in civil liability. The exception is
a. Restitution
b. Reparation
c. Indemnification
d. Starvation
18. Omission of the diligence which is required by the circumstances of person, place and time
a. Ignorance
b. Negligence
c. Impotence
d. Insanity
e.
19. A was employed as professional driver of B transit Bus owned by C. In the course of his work, A hit a
concrete post causing serious injury to passenger W and pedestrian Y. the victims sued the driver and the
owner of the bus for damages. Which of the following statements is correct?
a. C is not liable if C can prove that he exercised the diligence of a good father of a family in the
selection and supervision of his employees
b. The conviction of A in a criminal case makes C liable for damages arising from criminal act
c. The liability of C shall cease if the driver A is acquitted in the criminal case
d. The guilt of driver A must be established beyond reasonable doubt to make C liable
21. If a thing refers to a class, to a genus and cannot be pointed out with particularity
a. Generic
b. Specific
c. Indeterminate
d. Indeterminable
22. I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the
delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the
expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories,
even though they may not have been mentioned
a. True, true
b. True, false
c. False, true
d. False, false
25. From the time the fruits have been delivered, the creditor shall acquire
a. Real right
b. Personal right
c. Moral right
d. None of these
26. A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses
for medical attendance?
I. The husband, because it is his duty to support his wife and support includes medical attention
II. The parents, because they were the persons who brought the wife to the hospital
a. Both answers are correct
b. Both answers are not correct
c. Only the first is correct
d. Only the second is correct
27. Spontaneous products of the soil and the offspring and other products of animals
a. Natural
b. Industrial
c. Civil
d. Penal
30. I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those
who in any manner contravene the tenor thereof, are liable for damages
a. True, true
b. True, false
c. False, true
d. False, false
31. A is oblige to deliver his only car to B on November 20, 2011. If A does not deliver, and on November 22,
2011, a typhoon destroys the car, which is correct?
a. A is not liable because the obligation is extinguished
b. A is liable because he is in delay
c. A and B will divide the loss equally
d. A’ s obligation is converted into monetary obligation
36. There shall be no liability for loss due to fortuitous events in which one of the following cases. Which is it?
a. When the debtor delays
b. When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events
c. When the nature of the obligation requires the assumption of risk
d. When the obligation is to deliver a determinate thing and there was a stipulation as to the liability of
the debtor in case of loss due to fortuitous events
37. Demand must be made on the due date of the obligation in order for delay to exist in one of the following
cases. Which is it?
a. When it was stipulated by the parties that demand need not be made
b. When the law provides that demand need not be made
c. When the obligation does not indicate whether demand must e made or not on due date
d. When the time is of the essence
38. Which of the following is not a proper remedy for the creditor?
a. To compel the debtor to make the delivery, if the obligation is to deliver a determinate thing
b. To ask that the obligation be complied with at the expense of the debtor, if the obligation is to deliver
a generic thing
c. To compel the debtor to perform the obligation, if the obligation is an obligation to do
d. To ask the debtor that what has been done be undone, if the obligation is an obligation not to do
d. When time is of the essence, delay on the part of the debtor exists despite the absence of demands
40. S, a supplier of fresh fish from Lucena City hired T, the owner of a trucking company, for a fee of P3 000
to bring the fish of S to the Dampa Market in Paranaque City which ordered the fish for a price of P20 000.
In so far as S is concerned, his prestation in his contract with T is
a. The sale of the fish
b. The transport of the fish
c. The payment of P3 000
d. The payment of P20 000
44. When the debtor binds himself to pay when his means permit him to do so, the obligation is
A. An obligation with a resolutory period
B. A pure obligation
C. An obligation with a suspensive condition
D. An obligation with a suspensive period
45. Whenever a period is designated in an obligation, the said period shall be presumed to have been
established for the benefit of
A. The debtor
B. The creditor
C. Both the debtor and the creditor
D. Neither of the parties
46. The debtor shall lose the right to make use of the period in the following cases, except when he
a. Becomes insolvent
b. Violates any undertaking in consideration of which the creditor agreed to the period
c. Attempts to abscond
d. Does not furnish any guaranty or security to the creditor
47. D is obliged to give C a specific car if C passes the CPA Licensure Examination. D’s obligation is an
example of
a. A pure obligation
b. An obligation with a suspensive condition
c. An obligation with a resolutory condition
d. An obligation with a period
49. XYZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain
taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said
taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government
of the City of Manila to return the said taxes paid is based on
a. Negotiorum gestio
b. Solution indebiti
c. Quasi delict
d. The Government is exempt from giving tax refunds