02Obligations Answers

Accountancy (La Consolacion University Philippines)

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 CPA Review School of the Philippines
Manila
OBLIGATIONS Dante O. Dela Cruz

1. The following are the elements of an obligation, except

a. Efficient cause
b. Active and passive subjects
c. Vinculum
d. Prescription

2. The following are the requisites of an obligation, except

a. Demand
b. Prestation
c. Efficient cause
d. Passive and active subjects

3. Which of the following is not correct in an obligation to do?

a. To require that what has been poorly done be undone
b. To sue the debtor for specific performance if he refused to voluntarily fulfill the obligation
c. The debtor shoulders the cost of execution should he fail to do so
d. To require the debtor to pay damages in case of breach

4. Unless the law or the stipulation of the parties require another standard of care, every person
obliged to give something is also obliged to take care of it with the proper diligence
a. Observing ordinary diligence
b. Observing utmost care
c. Of a father of a good family
d. Observing extraordinary care

5. A natural obligation under the New Civil Code of the Philippines is one which
a. The oblige may enforce through the court if violated by the obligor
b.
performance
c. The obligor has a moral obligation to do, otherwise entitling the obligee to damages
d. Refers to an obligation in writing to do or not to do

6. On August 1, 2021, A obliged himself to give his only dog to B if B will pass the October 2021 CPA
Examination. If the CPA examination was held on October 9, 10 and 11 and the results were
released on October 20, 2021 and B passed and took his oath on November 11, 2021, B is entitled
to the dog on
a. October 18, 2021
b. November 20, 2021
c. August 1, 2021
d. October 19, 2021

7. Using the preceding number, if the dog gave birth to a puppy on October 18, 2021, which of the
following statements is correct?
a. B is entitled to the puppy because the condition has been fulfilled and such shall retroact to
the day of constitution of the obligation
b. A shall pay damages to B if A shall appropriate the puppy
c. B may demand from A the value of the puppy and damages if A refuses to give the puppy
d. A is entitled to the puppy because in unilateral obligations, the debtor shall appropriate
the fruits

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8. Using the preceding number, if A delivered the dog and the puppy on October 20, 2021, which of
the following statements is correct?
a. A can recover the puppy but not the dog
b. A can recover the dog but not the puppy
c. B acquired real right over the dog and the puppy
d. B can sell the dog and the puppy

9. 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. Quasi-contracts
b. Delicts
c. Contracts
d. Quasi-delicts

10. The following except one, are included in civil liability. The exception is
a. Restitution
b. Starvation
c. Reparation
d. Indemnification

11. The thing itself shall be restored, as a rule

a. Reparation
b. Starvation
c. Indemnification
d. Restitution

12. The court determines the amount of damage taking into consideration the price of the thing and
its sentimental value to the injured person
a. Restitution
b. Starvation
c. Indemnification
d. Reparation

13. The consequential damages suffered by the injured person and those suffered by his family or
third person by reason of the act
a. Reparation
b. Restitution
c. Starvation
d. Indemnification

14. Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors
a. Accion subrogatoria
b. Accion quanti-minoris
c. Accion reinvindicatoria
d. Accion pauliana

15. A borrowed money from B payable on December 10, 2021. If A failed to pay on due date, will A
be in delay?
a. Yes, if the obligation is in writing.
b. Yes, because there is stipulation as regards the due date.
c. No, if A has the money to pay B
d. No, because demand has not been made by B

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16. Damages awarded for mental and physical anguish

a. Nominal
b. Exemplary
c. Moral
d. Temperate

17. Damages awarded to vindicate a right

a. Exemplary
b. Actual
c. Nominal
d. Liquidated

18. Damages awarded to set an example

a. Moral
b. Liquidated
c. Exemplary
d. Nominal

19. When the exact amount of damages cannot be ascertained

a. Exemplary
b. Temperate
c. Moral
d. Liquidated

20. Damages predetermined beforehand

a. Actual
b. Temperate
c. Moral
d. Liquidated

21. A obliged himself to deliver to B the following:

A. 2021 Sing-It Yamaha Organ
B. Malagona passenger jeepney with engine No. 69 and chasis No. 88

I. In case A failed to deliver a 2021 Yamaha Organ, the court may compel A to deliver a 2021
Yamaha Organ plus damages
II. In case A failed to deliver the jeepney, the court may compel A to deliver the jeepney plus
damages
a. True, True
b. True, False
c. False, True
d. False, False

22. 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

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23. I. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for
fraud is void.
II. If the law or contract does not state the diligence which is to be observed in the
performance of an obligation, that which is expected of a father of a good family shall be
required.
a. True, True
b. True, False
c. False, True
d. False, False

24. I. The receipt of a later installment of a debt without reservation as to prior installments, shall
give rise to a rebuttable presumption that such installments have been paid.
II. If a taxpayer pays his income tax liability for the current year, there is a presumption that tax
liability for the previous year has been paid.
a. True, True
b. True, False
c. False, True
d. False, False

25. With regard to the right as to the fruits of the thing, which is not correct?
a. If the obligation is subject to a suspensive condition, the obligation to deliver arises from the
moment the condition happens.
b. If the obligation arises from a contract of sale, the vendor has a right to the fruits of the
thing from the time the obligation to deliver arises.
c. If there is no condition or term for its fulfillment, the obligation to deliver arises from the
perfection of the contract or creation of the obligation
d. If the obligation is subject to a suspensive period, the obligation to deliver arises upon the
expiration of the term or period

26. A is obliged to deliver his only car to B on November 20, 2021. If A does not deliver, and on
November 22, 2021, a typhoon destroys the car, which is correct?
a. A is liable because he is in delay
b. A and B will divide the loss equally
c. A is not liable because the obligation is extinguished
d.

27. 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, he creditor may ask that the
obligation be complied with at the expense of the debtor. demand for damages?
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

28. A owes B P1,000. A, knowing that the debt has prescribed, nevertheless, still pays B. Can A
recover what he voluntarily paid?
I. Yes, because B has no right to demand the payment effected by A
II. No, the payment extinguished the natural obligation.
a. True, True
b. True, False
c. False, True
d. False, False

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Items 29 - 33 A kind of constructive delivery whereby:

29. There is delivery when the keys of a warehouse are given

a. Traditio longa-manu
b. Traditio brevi-manu
c. Traditio constitutom possessorium
d. Traditio simbolica

30. There is delivery by mere consent or the pointing out of the object.
a. Traditio brevi-manu
b. Traditio simbolica
c. Traditio constitutom possessorium
d. Traditio longa-manu

31. A possessor of a thing not as an owner, becomes the possessor as owner

a. Traditio longa-manu
b. Traditio brevi-manu
c. Traditio constitutom possessorium
d. Traditio simbolica

32. A possessor of a thing as an owner retains possession no longer as an owner, but in some other
capacity
a. Traditio simbolica
b. Traditio constitutom possessorium
c. Traditio longa-manu
d. Traditio brevi-manu

33. The opposite of brevi-manu

a. Longa-manu
b. Simbolica
c. Constitutom possessorium
d. Quasi-tradition

34. If a thing is capable of particular designation

a. Generic
b. Indeterminable
c. Specific
d. Indeterminate

35. If a thing refers to a class, to a genus and cannot be pointed out with particularity.
a. Specific
b. Determinate
c. Generic
d. Indeterminable

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36. 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
attendance.
II. The parents, because they were the persons who brought the wife to the Hospital
a. Both answers are correct
b. Only the first is correct
c. Both answers are not correct
d. Only the second is correct

37. The following are kinds of fruits of an obligation, except

a. Industrial
b. Civil
c. Penal
d. Natural

38. Spontaneous products of the soil and the offspring and other products of animals
a. Industrial
b. Civil
c. Natural
d. Penal

39. Products of the soil through cultivation or intervention of human labor.

a. Natural
b. Civil
c. Penal
d. Industrial

40. Fruits arising out of contracts like rental payments

a. Natural
b. Civil
c. Penal
d. Industrial

41. When does the obligation to deliver arise?

I. If there is no term or condition, then from the perfection of the contract
II. If there is a term or condition, then from the moment the term arrives or the condition
happens
a. True, False
b. False, True
c. False, False
d. True, True

42. A is obliged to give B 10 kilos of sugar, which of the following is not correct?
a. B can just buy 10 kilos of sugar and charge the expenses to A
b. A can insist on just paying B damages or the monetary value of the sugar
c. B may require another person to deliver the sugar and charge the expenses to A
d. B can demand that A obtain the sugar and deliver it to him

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43. Where demand by the creditor shall be necessary in order that delay may exist
a. When the obligor has expressly acknowledged that he is in default
b. When time is of the essence of the contract
c. When the obligor requested for an extension of time
d. When demand would be useless

44.
a. Compensatio morae
b. Mora solvendi ex persona
c. Mora solvendi ex-re
d. Mora accipiendi

45.
a. Mora accipiendi
b. Mora solvendi ex-re
c. Compensatio morae
d. Mora solvendi ex persona

46. Default on the part of the creditor

a. Mora accipiendi
b. Mora solvendi ex-re
c. Mora solvendi ex persona
d. Compensatio morae

47. Default on the part of both parties

a. Mora solvendi ex persona
b. Compensatio morae
c. Mora accipiendi
d. Mora solvendi ex-re

48. Which of the following is a civil obligation?

a. A obliges himself to pay B P10,000 on October 30, 2021
b. C is a debtor of D for P20,000 due on September 30, 2001.
c. The obligation of a husband and wife to observe fidelity
d. The obligation of a catholic to hear mass every Sunday

49. Specific performance may not be possible in this civil obligation

a. A, a painter, obliges himself to paint the portrait of B on January 8, 2021
b. C, a farmer, obliges himself to give his only cow to D on February 14, 2021
c. E, a veterinarian, obliges himself to give one of his dogs to F on May 1, 2021
d. f land on June 20,
2021

50. Upon the proposal of a third person, a new debtor substituted the original debtor without the

original debtor?
a. The original debtor shall pay or perform the obligation with recourse to the new debtor
b. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on
his part
c. The original debtor remains liable since he gave no consent to the substitution
d. The original debtor is freed of liability since novation took place and this relieved him of
his obligation

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51. Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager
downgraded her to economy on the ground that a Congressman had to be accommodated in the
business class. Lennie suffered discomfort and embarrassment of the downgrade. She sued the
airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a
contract between them, no quasi-delict could arise. Is the airline correct?
a. Yes, since the facts show a breach of contract, not a quasi-delict
b. Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation
between the parties
c. No, the breach of contract may in fact be tortious as when it is tainted as in this case with
arbitrariness, gross bad faith and malice
d. No, denying Lennie the comfort and amenities of the business class as provided in the ticket
is a tortious act

52. Romeo borrowed P1M from Mario and Felix who acted as solidary creditors. When the loan
matured, Mario wrote a letter to Romeo demanding payment of the loan directly to him. Before
Romeo could comply, Felix went to see him personally to collect and he paid him. Did Romeo
make a valid payment?
a. No, since Romeo should have split the payment between Mario and Felix
b. Yes, since Felix was a solidary creditor, payment to him extinguished the obligation
c. Yes, since the payment covers the whole obligation
d. No, since Mario, the other solidary creditor, already made a prior demand for payment
from Romeo

53. A lawful and voluntary act resulting to a benefit, except

a. Solutio indebiti
b. Quasi-contract
c. Negotiorum gestio
d. Quasi-delict

54. The right of the creditor that is enforceable against anybody is, what kind of right?
a. Natural
b. Real
c. Personal
d. Moral

55. Which of the following is not correct in an obligation to give a specific thing?
a. To deliver the fruits of the thing
b. To deliver the thing itself
c. To deliver the accessions and accessories
d. To preserve or take care of the thing due

56. Mark and Ken both undertook a contract to deliver to Casey in Manila a boat docked in Subic.
Before they could deliver it, however, the boat sank in a storm. The contract provides that
fortuitous event shall not exempt Mark and Ken from their obligation. Owing to the loss of the
motor boat, such obligation is deemed converted into one of indemnity for damages. Is the
liability of Mark and Ken joint or solidary?
a. Neither solidary nor joint since they cannot waive the defense of fortuitous event to which
they are entitled
b. Solidary or joint upon the discretion of Casey
c. Solidary since Mark and Ken failed to perform their obligation to deliver the motor boat
a. Joint since the conversion of their liability to one of indemnity for damages made it joint

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57. The right of the creditor that is enforceable against a definite debtor is
a. Moral right
b. Personal right
c. Real right
d. Natural right

58. The person in whose favor the obligation is constituted

a. Obligee
b. Passive subject
c. Debtor
d. Obligor

59. Synonymous to oblige

1. Creditor 2. Active subject 3. Debtor 4. Passive subject
a. 1 and 4
b. 2 and 3
c. 3 and 4
d. 1 and 2

60. The person who has the duty of giving, doing or not doing
a. Obligee
b. Obligor
c. Active subject
d. Creditor

61. Synonymous to obligor

1. Creditor 2. Active subject 3. Debtor 4. Passive subject
a. 1 and 4
b. 2 and 3
c. 3 and 4
d. 1 and 2

62. Ordinary diligence is

a. Diligence of a good father of a family
b. Extraordinary diligence
c. Diligence required by law
d. Diligence of a father of a good family

63. The creditor has a right to the fruits of the thing

a. From the time the obligation to deliver it arises
b. From the time the fruits have been delivered
c. From the time there is meeting of the minds
d. From the perfection of the contract

64. From the time the fruits have been delivered, the creditor shall acquire
a. Real right
b. Personal right
c. Moral right
d. Inchoate right

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65. If A sells to B a Vase, the giving by A to B of the Vase is

a. Actual tradition
b. Constructive delivery
c. Symbolical tradition
d. Traditio longa-manu

66. 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

67. A juridical necessity to give, to do or not to do

a. Civil obligation
b. Natural obligation
c. Moral obligation
d. Social obligation

68. They give a right of action to compel their performance

a. Moral obligation
b. Natural obligation
c. Social obligation
d. Civil obligation

69. The obligee has a right to enforce the obligation against the obligor in a court of law
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. Social obligation

70. This is based on equity and justice

a. Moral obligation
b. Natural obligation
c. Social obligation
d. Civil obligation

71. The object or subject matter of the obligation

a. Vinculum
b. Active subject
c. Passive subject
d. Prestation

72. The efficient cause or juridical tie why the obligation exists
a. Passive Subject
b. Prestation
c. Vinculum
d. Active subject

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73. The duty not to recover what has voluntarily been paid although payment was no longer required
a. Natural obligation
b. Moral obligation
c. Juridical obligation
d. Civil obligation

74. The following are sources of obligations derived from law, except
a. Contracts
b. Quasi-contracts
c. Delicts
d. Quasi-delicts

75.
a. Contracts
b. Quasi-contracts
c. Delicts
d. Law

76. The obligation of husband and wife to render mutual help and support arises from
a. Law
b. Quasi-contract
c. Quasi-delict
d. Contract

77. A supports B, a minor, because father refuses to support B. The father is obliged to
reimburse A. The source of obligation is
a. Quasi-contract
b. Delict
c. Quasi delict
d. Contract

78. A juridical relation resulting from a lawful, voluntary, and unilateral act and which has for its
purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited
at the expense of another.
a. Delict
b. Quasi delict
c. Quasi-contract
d. Contract

79.

a. Quasi-contract
b. Quasi-delict
c. Negotiorum gestio
d. Solutio indebiti

80. 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-delict
b. Negotiorum gestio
c. Solutio indebiti
d. Quasi-contract

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81. A quasi-contract is an implied contract

A defendant who is acquitted in a criminal case is no longer liable civilly
a. True, False
b. False, True
c. False, False
d. True, True

82. Tort or culpa aquiliana is

a. Quasi-delict
b. Negotiorum gestio
c. Solutio indebiti
d. Quasi-contract

83. 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-delict
b. Negotiorum gestio
c. Solutio indebiti
d. Quasi-contract

84. Omission of the diligence which is required by the circumstances of person, place and time
a. Negligence
b. Impotence
c. Insanity
d. Ignorance

85. When one exercises a right recognized by law, knowing that he thereby causes an injustice to
another, the latter is entitled to recover damages. This is known as the principle of
a. Damnum absque injuria
b. Vicarious liability
c. Abuse of rights
d. Res ipsa loquitur

86. The source of obligations which is a rule of conduct, just and obligatory, promulgated by
legitimate authorities for common good, benefit and observance
a. Quasi-contracts
b. Delicts
c. Law
d. Contracts

87. A ordered B, a 10 year old boy to climb a high and slippery mango tree with a promise to give
him part of the fruits. B was seriously injured when he fell while climbing the tree. Is A liable?
I No, because no person shall be responsible for fortuitous events.
II Yes, because A was negligent in making the order without taking due
care to avoid a reasonable foreseeable injury to B.
a. True, True
b. True, False
c. False, True
d. False, False

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88. A borrowed P100,000 from B. The loan was secured by a mortgage of land in favor of B.
Without the knowledge of A, C paid B the sum of P100,000 for debt. As a result
a. The obligation of A to B was extinguished but A should reimburse C the amount of P100,000
because he was benefited by the payment
b. C can recover the amount from B in case A refuses to reimburse C
c. C cannot claim reimbursement from A inasmuch as the payment was made without the
knowledge of A
d.

89. When the debtor of a debtor is ordered not to pay the latter so that preference would be given to

a. Injunction
b. Garnishment
c. Interpleader
d. Attachment

90. A sold a half interest in his specific car to B. It was agreed that the price to be paid by B would
be used in installing a new engine on the car. Later, the car was destroyed by a fortuitous event.
Is obligation to pay the price extinguished?
I. Yes, there is no more use of installing a new engine since the car has already been destroyed
by a fortuitous event.
II. No, B must still pay because his obligation to pay is generic.
a. True, True
b. False, True
c. True, False
d. False, False

91. I. A commits the crime of theft and is asked to return the car to its owner B. If, before the car is
delivered to B it is destroyed by a fortuitous event, Is liability extinguished?
II. Using above statement, A had previously asked the owner to accept the car, but the
owner without any justifiable reason refuses to accept the car, and it is destroyed by a
fortuitous event. Is liability extinguished?
a. No, No
b. Yes, No
c. No, Yes
d. Yes, Yes

92. A pays for transportation fare without knowledge and later discovers that B was entitled
to half-fare. Which is not correct?
a. A can recover the half-fare from B
b. A can recover the half-fare from the carrier
c. A can recover half-fare from B only
d. A can recover ½ from B and ½ from the carrier

93. A obtained a loan from B bank. The loan was embodied in several promissory notes. As security
the borrower executed a chattel mortgage on his standing crops. Said crops were however
A still liable for the loan despite the destruction
of the crops by a fortuitous event?
I. Yes, the obligation of A was to deliver a generic thing money.
II. No, the obligation was to deliver determinate things the standing crops.
a. True, True
b. False, True
c. False, False
d. True, False

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94. A borrower agreed that in case of non-payment of his debt, to render services as a servant.
Which of the following is not correct?
a. If the services will be rendered in satisfaction of the debt, the stipulation is valid.
b. If the services will not be gratuitous, specific performance of the service will be the proper
remedy in case of non-compliance
c.
d. Should there be a valid stipulation as regards the rendition of services, an action for damages
should be brought in case of non-compliance.

95. I. There is no delay in an obligation not to do something

II. Solutio indebiti and negotiorum gestio are implied contracts
a. True, True
b. True, False
c. False, False
d. False, True

96. I. Consent of the parties is required in quasi-contract.

II. The creditor acquires real rights over the thing from the time the obligation to deliver arises.
a. False, True
b. True, True
c. False, False
d. True, false

97. The creditor has a right to the fruits of the thing from the time
a. The obligation to deliver the thing arises
b. The fruits are delivered
c. The sale is perfected
d. The thing is delivered

98. The buyer has the right to the fruits of the thing from the time
a. The obligation to deliver the thing arises
b. The sale is perfected
c. The thing is delivered
d. The fruits are delivered

99. If A pays a debt that has prescribed:

I. Not knowing it has prescribed, A can recover on the ground of undue payment
II. Knowing it has prescribed, A cannot recover for this would be a case of natural obligation
a. Only 2 is true
b. Only 1 is true
c. Both 1 and 2 are true
d. Both 1 and 2 are false

100. A is obliged to give B his specific car on December 31, 2021. There was no delivery and on
January 4, 2022 the garage of the car collapsed due to heavy rains and strong winds of Typhoon
Pining, and the car was totally destroyed. Is A still liable?
a. Yes, because the contract is perfected
b. No, even if A was in default, he could plead impossibility of performance
c. No, because there was no demand by B to deliver the car
d. Yes, the obligation to deliver the car is changed to pay the equivalent value because B is in
legal delay

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101. This obligation is demandable at once when it

a. Has a suspensive condition
b. Is with a term ex-die
c. Has a period
d. Has a resolutory condition

102. When the debtor binds himself to pay when his means permit him to do so, the obligation shall
be deemed to be with a
a. Resolutory period
b. Period
c. Potestative condition
d. Suspensive condition

103. A period with a suspensive effect UNCERTAIN

a. I will support you until January 1 of next year
b. I will support you if A marries B
c. I will support you beginning January 1 of next year
d. I will support you if A dies of TB

104. A period with a resolutory effect CERTAIN

a. I will support you beginning January 1 of next year
b. I will support you if A dies
c. I will support you until A dies
d. I will support you if A dies of TB

105. The obligation begins only from a day certain or upon the arrival of the period
a. With a period
b. Ex die
c. In diem
d. Conditional

106. The obligation remains valid up to a time certain but terminates upon the arrival of said period
a. In diem
b. With a period
c. Conditional
d. Ex die

107. A is obliged to give B, at option either object No.1, Object No. 2, or Object No.3. If all objects
were lost thru fault, which is correct?
a. The value of any of the things lost plus damages must be given to B
b. The value of the first thing lost plus damages must be given to B
c. The value of the last thing lost plus damages must be given to B
d. The obligation is extinguished

108. I. Using the preceding number, if objects nos. 1 and 2 were destroyed by a
fortuitous event and later object No. 3 is destroyed by fault, A would still be liable.
II. Using the preceding number, if objects Nos. 1 and 2 were destroyed by fault and later
object No. 3 is lost by a fortuitous event, A would still be liable.
a. True, True
b. False, True
c. True, False
d. False, False

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109. This is a valid obligation

a. A will give B P100,000 if B will kill C
b. A will give B P1,000,000 if B will agree to be the mistress of A
c. A will give B P10,000 if B can make C rise from the dead
d. A will give B P1,000 if B will pose nude in a painting session.

110. Where two or more prestations have been agreed upon but only one is due, the obligation is
a. Facultative
b. Conjoint
c. Alternative
d. Solidary

111. Using the preceding number, the right of choice, belongs

a. To the creditor
b. To the debtor
c. To both debtor and creditor
d. To third person

112. Anything paid or delivered before the arrival of the period, the obligor being unaware of the
period or believing that the obligation has become due and demandable.
a. May be recovered without interests
b. May not be recovered
c. May be recovered with interests
d. May be recovered with fruits and interests

113. Whenever in an obligation a period is designated, it is presumed to have been established for
the benefit
a. Of the debtor only
b. Of both the creditor and debtor
c. Of the creditor only
d. Of third persons

114. A is obliged to give B either objects No.1 or No. 2 or No. 3 at option. Before B communicated
his choice to A, object No. 1 had been destroyed, thru fault and object No. 2 had been
destroyed by a fortuitous event. B may
a. Demand the value of object No. 2 as the right of choice belongs to B
b. Demand either object No. 3 or the price of object No. 1 plus damages
c. Demand object No. 3 only as it is still available
d.

115. In Facultative obligations, if substitution has been made, which of the following is false?
a. The loss of the original prestation is immaterial
b. The obligation is converted into a simple obligation
c. The obligation is extinguished
d. The obligation ceases to be facultative

116. Using the preceding number, and the substitute is lost by a fortuitous event, which is true?
a. The debtor is liable for damages
b. The original prestation must be given
c. The debtor must give another object which is equally satisfactory
d. The obligation is extinguished

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117. h is true?
a. The debtor must give another object which is equally satisfactory
b. The obligation is extinguished
c. The debtor is liable for damages
d. The original prestation must be given

118. Any of the debtors is bound to render compliance of the entire obligation.
a. Facultative
b. Joint
c. Solidary
d. Alternative

119. In a joint obligation, joint means any of the following, except

a. Proportionate
b. Individually and collectively
c. Pro-rata
d. Mancomunada simple

120. Instances where the law imposes solidary liability, except

a. Obligations arising from tort
b. Liability of partners arising out of a contract
c. Liability of principals, accomplices and accessories of a felony
d. Obligations of bailees in commodatum

121. Where only one prestation has been agreed upon, but the obligor may render another in
substitution, the obligation is
a. Conjoint
b. Facultative
b. Solidary
c. Alternative

122. This will result to a solidary liability

a. Vitiated consent on the part of one of the debtors
b. Quasi-delict commited by one of the partners acting in the ordinary course of business
c. Insolvency of one of the debtors
d. Default on the part of one of the debtors

123. Where two or more prestations have been agreed upon, and all of them must be performed,
the obligation is
a. Alternative
b. Facultative
c. Conjoint
d. Solidary

124. A and B solidary debtors of C and D, joint creditors, to the amount of P1,000 C can demand
a. P1,000 from A or P1,000 from B
b. P500 from A and P500 from B
c. P500 from A or P500 from B
d. P250 from A and P250 from B

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125. A and B are solidary debtors of C and D, solidary creditors, to the amount of P1,000. C can
demand
a. P1,000 from A or P1,000 from B
b. P500 from A or P500 from B
c. P1,000 from A and P1,000 from B
d. P500 from A and P500 from B

126. A and B are joint debtors of C and D, joint creditors, to the amount of P1,000. C can demand
a. P250 from A and P250 from B
b. P500 from A and P500 from B
c. P250 from A or P250 from B
d. P500 from A or P500 from B

127. A and B are joint debtors of C and D, solidary creditors, to the amount of P1,000. C can demand
a. P1,000 from A or P1,000 from B
b. P500 from A and P500 from B
c. P500 from A or P500 from B
d. P250 from A and P250 from B

128. This is synonymous to joint obligation

a. Joint and several
b. In solidum
c. Individually and collectively
d. Mancomunada simple

129. This is synonymous to solidary obligation

a. Pro-rata
b. Proportionate
c. Juntos o separadamente
d. Mancomunada

130. A, B and C are joint debtors of D for P3,000. If A is insolvent, how much should B pay D?
a. P1,500
b. P2,000
c. P3,000
d. P1,000

131. In 2021, A, B and C bound themselves in solidum to give D P9,000 subject to the following
conditions: A will pay in 2022, B, if D passes the 2023 CPA board exams and C will pay in 2024.
In 2022, how much can D demand from C?
a. P9,000
b. P6,000
c. P0
d. P3,000

132. A, B and C are solidary debtors of D for P3,000. D remitted share. A therefore paid later only
P2,000. A can recover reimbursement from B in the amount of
a. P1,500
b. P1,000
c. P500
d. P0

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133. Using the preceding number, if B is insolvent, A can recover from C the amount of
a. P1,000
b. P1,500
c. P500
d. P0

134. A, B, and C are solidary debtors of D in the amount of P1,000. D remitted the entire obligation
when A offered to pay. A can demand reimbursement from B in the amount of
a. P1,000
b. P333
c. P500
d. P0

135. A, B, and C are solidary debtors of D in the amount of P3,000 but A was incapacitated to give his
consent as he was a minor. If D sues B, how much will B be liable for?
a. P3,000
b. P1000
c. P2,000
d. P0

136. Using the preceding number, if D sues A, how much will A be liable for?
a. P0
b. P3,000
c. P2,000
d. P1000

137. A is indebted to solidary creditors B, C, and D, for P90,000. Without the knowledge of B and C, D
remitted the obligation of A. as a result,
a. The obligation is extinguished up to P60,000
b. The obligation is not extinguished because there is no consent from B and C
c. The obligation is extinguished only up to P30,000
d. The obligation of A to pay P90,000 is extinguished

138. A, B and C borrowed P6,000 from D and E, payable in 3 months with A giving in pledge her
diamond ring as security for the amount borrowed. How much can E collect from C?
a. P3,000
b. P1,000
c. P2,000
d. P6,000

139. A is obliged to give B her college ring. If she fails to do so, she must give P10,000. This is
a. Alternative obligation
b. Obligation with a penal clause
c. Facultative obligation
d. Conjoint obligation

140. Where the penalty takes the place of indemnity for the damages and for the payment of interest
a. Where there is stipulation to the effect that damages or interest may still be recovered,
despite the presence of the penalty clause
b. When the debtor is guilty of fraud or dolo in the fulfillment of the obligation
c. When there is breach of the obligations
d. When the debtor refuses to pay the penalty imposed in the obligation

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141. This is an obligation with a resolutory condition

a. board examination
b.
c.
d.
cease and it will be mine again

142. I. If the condition is potestative on the part of the debtor, the obligation is void.
II. If the condition is potestative on the part of the creditor, the obligation is valid.
a. True, true
b. False, True
c. True, false
d. False, False

143. A owns a house rented by B. A sold the house to C where C agreed to pay the balance of the
purchase price as soon as B leaves the premises. It was further agreed that C will take care of
seeing to it that B vacates the house. Which is correct?
a. The contract is void because it is potestative on the part of C
b. The contract is valid because the condition is mixed
c. The contract is void because the consent of B was not obtained
d. The contract is valid if B is willing to vacate the premises

144. I. The condition that some event happens at a determinate time shall extinguish the obligation
as soon as the time expires or it has become indubitable that the event will not take place.
II. The condition that some event will not happen at a determinable time shall render the
obligation effective from the moment the time indicated has elapsed, or it has become
evident the event cannot occur
a. True, False
b. True, True
c. False, True
d. False, False

145. I. A father promised to give his son a car if the son will marry B this year. If by the end of the
year, B is already dead or the son has not married B, the obligation to give a car is effective
and demandable.
II. A father promised to give his daughter a car if the daughter will not marry her boyfriend
earlier than December 31, 2010. If by December 31, 2010, the daughter has not yet
married her boyfriend, or if prior thereto, her boyfriend has died, the obligation is
extinguished.
a. True, True
b. False, True
c. False, False
d. True, False

146. I. Obligations with a resolutory period take effect at once, but terminate upon arrival of the
day certain.
II. Obligations with a resolutory condition take effect at once, but terminate upon happening
of the condition.
a. True, False
b. True, True
c. False, True
d. False, False

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147. A borrowed money from B and pledged her ring as security. It was agreed that A was to pay the
money loaned with interest at the end of one year. Before the expiration of the one-year
period
a. A may compel B to accept her payment
b. A may compel B to accept her payment because the period is deemed for the benefit of A
c. A may be allowed to pay B, if B consents
d.

148. The debtor shall lose every right to make use of the period, except
a. When he does not furnish to the creditor the guaranties or securities which he has promised
b. When after the obligation has been contracted, he becomes insolvent, unless he gives a
guaranty or security for the debt
c. When the debtor violates any undertaking in consideration of which the creditor agreed to
the period
d. When through fortuitous events or by his own acts the guaranties or securities have been
impaired, unless he immediately gives new ones equally satisfactory

149. I. -signatures = joint liability

II.
a. True, false
b. True, true
c. False, true
d. False, false

150. A obliged himself to pay B P100,000 in 30 days plus a penalty of P10,000 if A fails to pay the
obligation in due time. A failed to pay the obligation in 30 days, B can demand from A
a. The principal of P100,000 plus legal interest, plus damages
b. The principal of P100,000 plus P10,000 penalty plus legal interest
c. The principal Of P100,000 plus P10,000 penalty, plus legal interest, plus damages
d. The principal of P100,000 plus P10,000 penalty

151. The creditor is entitled to recover damages and interest in addition to the penalty stipulated
I. When the debtor refuses to pay the penalty
II. When the debtor is guilty of fraud in the fulfillment of the obligation
a. True, False
b. True, True
c. False, True
d. False, False

152. Action where a person in possession of certain property may bring an action against the
conflicting claimants to compel them to interplead and litigate their several claims among
themselves
a. Interpleader
b. Garnishment
c. Injunction
d. Attachment

153. A judicial process by virtue of which a person is generally ordered to refrain from doing something
a. Interpleader
b. Injunction
c. Garnishment
d. Attachment

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154. Where a property is alienated to the creditor in satisfaction of a debt in money

a. Dation in payment
b. Payment by cession
c. Application of payment
d. Consignation

155. Where a debtor transfers all his properties not subject to execution in favor of his creditors so
that the latter may sell them and thus apply the proceeds to their credits.
a. Application of payment
b. Consignation
c. Cession
d. Dation in payment

156. The act of offering the creditor what is due him together with a demand that the creditor accept
the same
a. Tender of payment
b. Application of payment
c. Datio in solutum
d. Cession

157. The act of depositing the thing due with the court or judicial authorities whenever the creditor
cannot accept or refuses to accept payment.
a. Consignation
b. Tender of payment
c. Application of payment
d. Datio in solutum

158. The meeting in one person of the qualities of creditor and debtor with respect to the same
obligation
a. Novation
b. Confusion
c. Compensation
d. Condonation

159. When two persons in their own right are creditors and debtors of each other
a. Compensation
b. Confusion
c. Novation
d. Condonation

160. This is not necessary in order that compensation may prosper

a. That the two debts be liquidated and demandable
b. That there be a retention or controversy commenced by third persons and
communicated in due time to the debtor
c. That the two debts are both due
d. Both debts consist in a sum of money, or if the things due are consumable, they be of the
same kind, and also of the same quality if the latter has been stated

161. Compensation cannot take place, except

a. When one debt arises from the obligations of a bailee in commodatum
b. When one debt arises from the obligations of a depositary
c. When one debt arises from a bank deposit
d. When one debt arises because of a claim for support due to gratuitous title

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162. The substitution or change of an obligation by another, which extinguishes or modifies the first
a. Confusion
b. Novation
c. Compensation
d. Consignation

163. Novation which changes the object or the principal condition of the obligation
a. Personal
b. Mixed
c. Real
d. Partial

164. Novation which changes the parties to the obligation

a. Real
b. Mixed
c. Partial
d. Personal

165. Expromission, delegacion or subrogating a third person in the right of the creditor
a. Real
b. Personal
c. Mixed
d. Partial

166. Novation which changes the object and parties of the obligation
a. Personal
b. Real
c. Mixed
d. Partial

167. Substitution of debtor where the initiative comes from a third person
a. Delegacion
b. Subrogation
c. Expromission
d. Novation

168. Substitution of debtor where the initiative comes from the debtor
a. Delegacion
b. Subrogation
c. Expromission
d. Novation

169. The transfer to a third person of all the rights appertaining to the creditor
a. Expromission
b. Delegacion
c. Subrogation
d. Novation

170. Legal subrogation is presumed in the following. Which is not correct?

a. When a third person, not interested in the obligation, pays with the express or tacit
approval of the debtor
b. When a third person, not interested in the obligation, pays with the approval of the
creditor
c.
knowledge
d. When, even without the knowledge of the debtor, a person interested in the fulfillment of
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171. I. Proof of actual damages suffered by the creditor is not necessary in order that the penalty
previously agreed upon may be demanded.
II. Proof of actual damages suffered by the creditor is not necessary in an obligation with a
penal clause.
a. True, True
b. True, False
c. False, True
d. False, False

172. I. Whoever pays for another may demand from the debtor what he has paid, except that if he
paid without the knowledge or against the will of the debtor he cannot recover anything.
II. The debtor of a thing cannot compel the creditor to receive a different one, although the
latter may be of the same value as, or more valuable than that which is due.
a. True, True
b. True, False
c. False, True
d. False, False

173. A owes B two debts, both of which are already due. The first debt is secured by a mortgage, the
second is not. A tells B that the payment he is now making should be applied to the second
debt instead of the first, which is correct?
a. B may refuse such application on the ground that the first debt is more burdensome to the
debtor
b. B may refuse such application because the payment shall be applied proportionately
c. B cannot refuse the application because the preference of the debtor must be followed
d. B can no

174. I. A has a P10,000 savings deposit with XYZ Bank. One day A borrowed P2,000 from the bank.
On maturity of the loan, without seeking permission from A, the bank subtracted the
P2,000 from
II. A asked B to keep P10,000 for him. Later, A borrowed P4,000 from B. When A asked for the
return of his money, B gives him only P6,000 alleging partial compensation. Is B correct?
a. Yes, Yes
b. No, Yes
c. Yes, No
d. No, No

175. A owes B P10,000 with C as a guarantor. A paid P4,000 leaving P6,000 unpaid balance. D
without the knowledge of A, paid B the sum of P10,000. As a result of this payment.
a. The obligation is extinguished, but D cannot recover P10,000 but only P6,000 from A and
if A cannot pay, he cannot go after C.
b. The obligation is not extinguished as the payment is without the consent of A.
c. The obligation is extinguished but D cannot recover from A instead he should go after the
guarantor
d. The obligation is extinguished but D can recover only P6,000 from A and if A cannot pay, D

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176. A owes B P10,000 C in behalf of A, pays B P10,000 against the consent of A, although C had
previously told A that he (C) did not intend to be reimbursed. Nevertheless, B accepted the
payment by C in behalf of A.
I. obligation towards B is extinguished.
II. C may still recover from A because A did not consent to what the law deems a donation on
the part of C in favor of A
a. True, false
b. False, true
c. False, false
d. True, true

177. A owes B two debts, both of which are already due. The first debt is secured by a mortgage
while the second is not. A tells B that the payment he is now making should be applied to the
second debt, instead of the first.

I. B may refuse to accept such application on the ground that the first debt is more
burdensome to the debtor.
II. B cannot refuse such application because the preference of the debtor must be followed.
a. True, true
b. False, true
c. True, false
d. False, false

178. I. A owes B P10,000, guaranteed by C. B assigns his credit to X. X assigns the credit to Y. Y
assigns the credit to A. obligation is extinguished and C is released from his obligation
as guarantor.
II. A owes B P10,000 guaranteed by C. B assigns his credit to X. X assigns his credit to Y.
Y assigns his credit to C, the guarantor. obligation is extinguished and C is released from
his obligation as guarantor.
a. True, True
b. False, True
c. True, False
d. False, False

179. A has two creditors, B and C. B is a mortgage creditor for P20,000, and C is an ordinary creditor
for P10,000. C paid debt of P20,000 to B.
I. If payment is with knowledge, C will be subrogated in the rights of B.
II. If payment is without knowledge, C will not be subrogated in the rights of B.
a. True, False
b. True, True
c. False, True
d. False, False

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180. A and B are jointly liable to deliver a particular car valued at P200,000 to C on July 1, 2021
Which is correct?
a. The liability of A and B is joint and that damages may be assessed only against the debtor
who violated the obligation
b. The prestation is indivisible making the liability of A and B solidary
c. If on July 1, 2021 A is willing to deliver the car but B is not, C may enforce the obligation
against A
d. A is liable for a proportionate part of the obligation and will be liable also for damages if B
is not ready to comply with his obligation, even if A is willing to deliver the car

181. A executes in favor of B a promissory note for P1,000,000 payable after two years, secured by a
mortgage on a building valued at P2,000,000. One year after the execution of the note, the
mortgaged building was totally burned. Can B demand from A the payment of the value of the
note?
a. Yes, if A is willing to pay B
b. Yes, unless A gives another security which is equally satisfactory
c. No, if A refuses to pay B
d. Yes, even if A gives another security which is equally satisfactory

182. A obliged himself to pay B P10,000 as soon as possible. Three months later, B demanded
payment from A but the latter refuses to pay. B can
a. File an action in court compelling A to pay the obligation
d.
c. Go to court so that the court will fix the date of payment
b. Consider the obligation void because the phrase as soon as possible is indeterminable

183. A owes B P10,000 payable on June 30, 2021 and as a security A pledged his ring to B.
Necessarily, the ring was delivered to B. On due date, the ring is found in the possession of A
when it should be in the possession of B. As a result, one of the following is not correct.
a.
b.
c. The contract of pledge is extinguished
d. The contract of pledge is extinguished but not the principal obligation

184. I. An example of an obligation with a period is when A promises to pay B P10,000 one month
from the death of C.
II. A person is obliged to deliver a determinate thing including its accessories and accessions
provided they have been mentioned in the agreement.
a. True, False
b. False, False
c. False, True
d. True, True

185. I. When the fulfillment of the suspensive or resolutory condition depends upon the sole will
of the debtor, the conditional obligation shall be void.
II. If the debt produces interest, payment of the interest shall not be deemed to have been
made until the principal have been covered or paid.
a. False, False
b. True, True
c. True, False
d. False, True

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186. I. Solidarity may exist although the debtors and the creditors may not be bound in the same
manner and the same periods and conditions
II. A solidary debtor is always entitled to reimbursement from his co-debtors if he pays for their
obligations.
a. True, True
b. False, True
c. True, False
d. False, False

187. I. In delagacion, the insolvency of the new debtor will not revive the original
obligation.
II.
obligation
a. True, True
b. False, True
c. False, False
d. True, False

188. I. A solidary creditor cannot assign his rights without the consent of the other
creditors. II.

knowledge and consent of the debtor.

a. True, False
b. False, True
c. False, False
d. True, True

189. Proof of pecuniary loss is necessary for the award of

a. Moral damages
b. Actual damages
c. Exemplary damages
d. Temperate damages

190. I. Payment made in good faith to any person in possession of the credit shall extinguish the
debtors obligation.
II. 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.
a. True, False
b. True, True
c. False, True
d. False, False

191. A obliges himself to give B a specific car on Jan. 7, 2015. On Jan 2, 2015, C burned the car which
A promised to deliver to B, which is correct?
a. obligation to B is converted to monetary obligation
b. A should file an action against C for the value of the car plus damages
c. B can file an action against A for the value of the car plus damages
d. B can file an action against C for the value of the car plus damages

192. I. Condonation or remission is generally gratuitous

II. Proof of actual damages suffered by the creditor is not necessary in order that the penalty
in an obligation with a penal clause may be demanded.
a. True, True
b. False, True
c. True, False
d. False, False

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193. If the obligation is payable in foreign currency, which is correct?

a. The obligation is void
b. The creditor can compel the debtor to pay in foreign currency as per agreement
c. The stipulation and the obligation are void
d. The obligation is valid, but the stipulation is void

194. Who is liable for the loss of the subject matter by fortuitous event?
a. None of them
b. Creditor
c. Debtor
d. Both of them

195. X dies. The obligation is

a. Valid, but the condition will be disregarded
b. Void, then time when death will occur is not certain
c. Void, killing a person is contrary to law
d. Valid, because death is sure to come.

196. Whoever pays for another without the knowledge or against the will of the debtor
a. May demand from the debtor what he has paid
b. May recover only insofar as the payment has been beneficial to the debtor
c. May not recover anything from the debtor
d. May recover from the debtor what he has paid plus damages

197. A owes B P10,000. Later A paid B P7,000 leaving a balance of P3,000. C, a suitor of A and
intending to surprise A, paid B the sum of P10,000 thinking that A still owed B that amount. C
did this without knowledge of A. Which is correct?
a. C cannot recover anything from A
b. C can recover P10,000 from B
c. C can recover P3,000 from A
d. C can recover P10,000 from A

198. The act of putting somebody onto the shoes of the creditor enabling him to exercise all the
rights and actions that could have been exercised by the latter.
a. Agency
b. Partnership
c. Novation
d. Subrogation

199. When is there no loss of the thing due?

a. When the object perishes
b. When it is in possession of another person
c. When it disappears in such a way that its existence is unknown or it cannot be recovered
d. When it goes out of commerce

200. A borrowed P10,000 from B. The loan was secured by a mortgage of land in favor of B.
Without the knowledge of A, C A benefited to the amount
of P10,000. Which is not correct?
a. C can recover the whole amount of P10,000 from A
b. C may either demand recovery of P10,000 from A or to foreclose the mortgage
c. If A cannot pay, C cannot foreclose the mortgage inasmuch as C paid without the
knowledge of A
d. If C did not pay, the original creditor B has the right to foreclose in case of non-payment by
A
The End!!

RFBT - 91001

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