Obligation and contract reviewer: 8.

8. It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the
parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the
1. Juan and petra made a promissory note in favor of cory. The body of the instrument read: “i oblige myself expense of another.
to pay p100,000 to c on or before september 15, 2023”. What kind of obligation is present above?
A Agreement b. Contract c. Vinculum juris d. Quasi-contract
A. Divisible obligation c. Solidary obligation
9. It is a principle which holds that contracts are binding to both parties and its validity and effectivity can
B. Joint obligation d. Conditional obligation never be left to the to the will of one of the parties.

2. Covida is obliged to give a specific car to quarintina if she passes the cpa licensure exams on or before A. Obligatory force of contracts c. Autonomy of contracts
april 30,2024. This is an obligation with a,
B. Mutuality of contracts d. Relativity of contracts
A. Period c. Resolution condition
10. The following are the duties of a debtor/obligor in an obligation to give a determinate thing, except:
B. Suspensive condition d. Suspensive and resolutory condition
A. To deliver the thing itself
3. A concept in obligation that in case of noncompliance , the courts of justice may be called upon by the
B.To deliver the fruits/accessions/accessories
aggrieved party to enforce its fulfillments or, in default , the economic value that it represents.

C. To take care of the thing with the diligence of a very cautious person
A. Management prerogative c. Vinculum juris

d. To answer for damages, if any

B. Solution indebiti d. Juridical necessity

11. It is a conduct which may consist in giving, doing or not doing; subject matter of obligation
4. An educational institution (i.e a school) is obliged to provide a secure environment and an atmosphere
conducted to learning. This obligation arises from?
A. Juridical tie b. Juridical necessity c. Prestation d. Active subject
A. Law B. Quasi-delicts c. Contract d. Quasi-contract
12. It is the voluntary administration of property of another without his consent
5. Statement 1: a person criminally liable is also civilly liable.
A. Delict b. Contract c. Solutio Indebiti d. Negotiorum Gestio
Statement 2: obligations arising from contract have the enforce of law between the contracting parties. The
13. Unless the law or stipulations of the parties require another standard of care, every person obliged to
statement are ________.
give something is also obliged to take care of it with:
A. True, true b. True, false c. False, true d. False, false
A. Extraordinary diligence b. Good diligence of a father
6. Statement 1: a natural obligation can be enforce in a court of law.
C. Diligence of a father of a good family d. Diligence of a good father of the family
Statement 2: an obligation is a juridical necessity because in case of noncompliance, the court of justice may
14. Prestation is the object of the obligation.
be called upon by the aggrieved debtor party to enforce its fulfillment.

A. True b. False c. It depends d. None of the above

A. True, true b. True, false c. False ,true d. False, false

15 . It is an absolute rule that the law does not require any form in obligations arising from contracts for
7. This takes place when something is received when there is no right to demand it, and it was unduly
their validity or binding force.
delivered thru mistake.

A. True b. False c. It Depends d. None of the above

A. Vinculum juris b. Prestation c. Solution indebiti d.negotiorum gestio

16. To fortuitous event, debtor's slight contributory negligence will not make him liable.

A. True b. False c. It Depends d. None of the above

17. It is an obligation which is not susceptible of partial performance. PART 2:

A. Alternative obligation b. Facultative obligation 1. x borrowed money from y with a

C. Divisible obligation d. Indivisible obligation

18. In an obligation, the object or prestation, must be the ff, except one:

A. mentally possible b. Determinable c. Juridical possible d. Licit

19. An injunction is an example of an obligation

A. To give b.to do c. not to do d. None of the above

20. Deposit, pledge, donation and antichresis are examples of :

A. Obligation to give b. Obligation to do

C. Obligation not to do d. All of the above

21. Refraining from doing certain acts is an obligation__________:

A. To give b. To do c. Not to do d. None of the above

22. Rendering of of works or services, whether physical or mental, are obligations___________

A. To give b. To do c. Not to do d. None of the above

23. It is a kind of obligation established by the agreement of the parties; e.g. Contracts.

A. Pure obligation b. Conditional obligation

C. Legal obligation d. Conventional obligation

24. The acquittal of the accused in the criminal case on the ground of reasonable doubt precludes the filing
of a subsequent civil action.

A. True b. False c. Never d. None of the above

25. In reciprocal obligation , neither party incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills
hos obligations, delay by the other begins.

A. True b. False c. Maybe d. None of the above

Part 1: Multiple Choice

1. Joe, Jan and Joan bound themselves solidary to pay Leo the sum of P3M. When the obligation became due
and demandable, Leo sued Joan for the payment of P3M. Joan moved to dismiss on the ground that there
was failure to implead/include his solidary co-debtors, Joe and Jan, in the case. Is Joan's action correct, why
or why not?
a. Yes, because Joe and Jan should have been impleaded as the obligation is solidary.
b. No, because Joan may proceed against either Joe, Jan and Joan or some, or all of them
simultaneously.
c. Yes, because Joe and Jan will be unduly enriched at the expense of Carl.
6. Which of the following is not true?
a. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfils
his obligation, delay by the other begins.
b. 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.
c. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for
future fraud is valid.

2. The University of Leyte (UL) promised to give PIM to any of their accountancy students who will become d. Responsibility arising from negligence in the performance of every kind of obligation is also demandable,
Top 1 in the 2023 CPA Board Examination. A week before the release of the board exam results, a big fire but such liability may be regulated by the courts, according to the circumstances.
ravaged the university, destroying its properties, including the vault where the PIM allotment is kept. With
the release of the board exam results, Carlo, a UL examiner, emerged as the top placer. Can Carlo demand 7. These damages are imposed by way of example or correction for the public good.
the PIM from UL?
A. Moral b. Liquidated c. Temperate d. Exemplary
a. No, because the money was lost without UL's fault, hence the obligation is extinguished.
8. These are damages agreed upon by the parties to a contract, to be paid in case of breach.
b. No, Carlo cannot demand the entire PIM from UL, but can only ask for damages.
a. Liquidated b. Nominal c. Moral d. None None of the above
c. Yes, because the money here is generic and its loss does not extinguish the obligation.
9. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the
d. Yes, because the obligation to give on the part of UL was not extinguished by the happening of a profits which the obligee failed to obtain.
fortuitous event
A. True b. False c. Depends d. Maybe
3. Selina is indebted to Grace in the amount of P100,000. When Selina was asked to pay her obligation, she
said to Grace: "I will pay you when I have the money." Her obligation is deemed as: 10. When the thing deteriorates with debtor's fault, the creditor may choose:

a. One with a period b. One with a suspensive condition a. Mutual restitution c. Institute action for negligence

c. one with a suspensive condition d. Demandable at once b Suffer the deterioration of the thing d. Rescission with indemnity for damages

4. As a general rule, demand is needed to put a debtor in default. Which among the following is an exception 11. In an accion pauliana, the creditor can attack or impugn by means of rescissory action any act of debtor
to this general rule? which is in fraud and prejudice of his (creditor's) rights, provided:

a. When there is delay b. When parties agreed for a demand a. The debt is due and demandable

c. When time is of the essence in the contract d. Quasi-Contract b. There is a failure of debtor to collect his own debt from third persons either through malice or negligence

5. The following are the duties of a debtor/obligor in an obligation to give a determinate thing, except: c. The debtor’s asset are insufficient

a. To deliver the thing itself C. To deliver the fruits, accessories and accessions d. The debtor has s performed an act subsequent to the contract, giving advantage to other persons.

B. To answer for damages D. To take care of the thing with utmost diligence of a very
cautious person
12. In obligations to give a determinate thing, what rights below are available to a creditor? a. Mutual restitution b. Rescission w indemnity for damages

I. To compel delivery or specific performance c. Suffer the deterioration of the thing

II. To recover damages in case of breach of obligation 19. X, Y and Z executed a promissory note in favor of A, B and C, in the amount of P90,000. Can the creditors
proceed against X alone for the payment of the entire loan?
III. To ask that the obligation be complied with at the expense of the debtor
a. No, each creditor can only collect P30,000 from X.
A. All statements are correct. B. Only I is correct.
b Yes, anyone of the creditors can collect the P90,000 from X.
C. Only I and II are correct. D. All statements are wrong.
c. No, each of the creditors can only collect P10,000 from each debtor.
13. I. In obligations to deliver a thing, the debtor also has to deliver accessories and accessions only if they
have been mentioned. d. Yes, the obligation is presumed to be solidary.

II. In obligations to do, specific performance of the debtor's obligation is not available as a right of the 20. The injured party may seek rescission even after he has chosen the fulfillment of the obligation if the
creditor to demand from the obligor. obligation should become impossible.

a. true, true b. true, false c. False, True d. False, False a. True b. False c. Depends d. Maybe

14. Manny agreed to pay his debt and in case of non-payment, obligation valid? 21. It is a thing that is particularly designated or physically segregated from all others of the same class.

a. no, the obligation to pay and to render free service as a servant is contrary to law and morals. a. Generic b. Determinate c. Indeterminate d. Real or personal

b. Yes, if the services will be rendered in satisfaction of the debt and in case of non-performance. the proper 22. It is synonymous to Obligee
remedy is specific performance.
a. Creditor b. Active Subject C. Both a and b
c. No, the nullity of the obligation carries with it the nullity of the principal obligation.
D. Bothe and f e. . Debtor f. Passive subject.
d. Yes, in so far as the obligation to pay but not as regards the undertaking to render domestic
services for free. 23. Which among the ff. rules in solidary obligations is correct?

15. If an obligation is with a penal clause: 1. Proof of actual damages suffered by the creditor is not a. Anyone of the solidary creditors may collect or demand payment of the whole obligation, there is mutual
necessary in order that the penalty be demanded; II. When the debtor is at fault or guilty in the fulfillment guaranty among them.
of the obligation, the creditor can demand damages and interest in addition to the penalty.
b. Any of the solidary debtors may be required to pay the whole obligation, there is mutual agency among
a. True, true b. True, False c. False, true d. False, false them.

16. Which of the following is not a civil liability arising from delict or crimes? c. Each one of solidary creditors may do whatever may be useful to the others, but not anything
prejudicial to them; however, any novation, compensation, confusion, or remission of debt made by
a. Reparation b. Rescission c. restitution d. Indemnity for consequential damages any sulidary creditors or with any of the solidary debtors shall extinguish the obligation with
prejudice to his liability for the shares of other solidary creditors.
17. It causes the extinguishment or loss of rights already acquired upon the fulfillment of the condition, that
is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will d. None of the above.
extinguish an obligation (or right) already existing.
24. In case of breach where one of the joint debtors fails to comply with his undertaking, the obligation can
a. Suspensive condition b. Facultative condition c. Subsequent condition Positive condition no longer be fulfilled or performed; the action must then be converted into one for indemnity for damages,
with each debtor liable only for his part in the price or value of the prestation.
18. When the thing deteriorates with the debtor's fault, the creditor may choose one of the following:
a. Joint divisible obligations b. Joint indivisible obligations c. Both a and b d. None of the above
25. In case of breach of obligation by one of the debtors, damages due must be borne by him alone.

a. Joint divisible obligations b. Joint indivisible obligations c. Both a and b d. None of the above

Part II Essay (30pts): Answer briefly what is asked.

1. Define, in short phrases (use only 1 line for each), 10 kinds of obligations (only) as per the different

1. Pure Obligation- an obligation which demandable at once.

2. Conditional obligation- extinguishment depends upon a future and uncertain event.
3. Obligation with a period- a extinguishment depends upon a future and certain event.
4. Alternate obligation- involves multiple prestations but debtor only perform one prestation.
5. Facultative obligation- which involves a principal prestation and a substitute prestation.
6. Joint obligation- each debtor can be made to pay only his share in the obligation.
7. Solidary obligation- one debtor can made to pay for the whole obligation subject to reimbursement
8. Divisible obligation- performance of the prestation can be fulfilled in parts.
9. Indivisible obligation- performance of the prestation cannot be fulfilled in parts
10. Obligation with a penal obligations- undertaking to assume greater liability in case of breach of said
obligation.

2. Marie, Jana, and Heide are solidary debtor under a loan obligation of P600,000.00 which has fallen due.
The creditor has, however, condoned Marie’s entire share in a debt. Since jana has become insolvent, the
creditor makes a demand on Heide be compelled to pay?

a. how much, if any, may Heide be compelled to pay?

 Heide can be compelled to pay only the remaining balance of P400,000, in view of the remission of
Jana’s share by the creditor according to the Article 1219.

b. to what extend , if at all, can Marie be compelled by Heide to contribute to such payment?

 b. Jana can be compelled by Heide to contribute P100.000 Art. 1217. par. 3, Civil Code provides.
“When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the
debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the
debt of each.” Since the insolvent debtor’s share which Heide paid was P200,000, and there are
only two remaining debtors namely Marie and Jana these two shall share equally the burden of
reimbursement. Jana may thus be compelled by Heide to contribute P100.000.00.