JAdante

Part 1. Please encircle the correct answer.

1. A condition is Potestative when its fulfillment depends on chance and/or the will of third person.

2. When X voluntarily takes charge of the neglected business of Y without the latter’s authority where
reimbursement must be made for necessary and useful expenses, there is a: Negotorium Gestio

3. X sold his car for P500,000 to Y. There was no fixed date for the performance of the obligations of
both parties. The obligation of X as vendor is:
a. To rescind the contract because no time or date is fixed for the performance of their
respective obligations.
b. To deliver the car immediately as this is a perfected contract.
c. To deliver the car because the seller’s obligation is immediately demandable.
d. To wait for Y to pay P500,000 and deliver the car.

Unilateral -An obligation where one party is bound

If the obligation of the debtor is “I will pay you my debt after I have arrived from South Korea”, this is:
Conditional

4. I. A condition involves a future and a certain event.

II. A condition involves a future and uncertain event.
a. Both are true.
b. Both are false.
c. Only I is true.
d. Only II is true.

Collective- An obligation where there are several obligors.

5. X and Y are good neighbors. Thereafter, X borrowed P50,000 from Y with the agreement that X will
pay Y whenever his means permits him to do so. X now is asking your advice as he wants to collect
the loan but Y does not want to pay.
a. X can file a case for specific performance, interest and damages.
b. X can file a case for rescission without damages as Y did not commit fraud or nor is he
negligent.
c. X can file a case for damages as Y is already in delay.
d. X can file a case for the court to fix the term of the loan.

6. X sells to Y his only lot in Makati City if X decides to transfer and live in Tuguegarao City is an
example of: Potestative condition

7. I. In an obligation with a suspensive condition, impossible conditions annul the obligation which
depends upon them.
II. If the condition is negative, that is, not to do an impossible thing, it is disregarded and the
obligation rendered pure and valid.
a. Both are true.
b. Both are false.
c. Only I is true.
d. Only II is true.

8. Are those which arise from the same cause, and which each party is a debtor and a creditor of the
other, such that the obligation of one is dependent upon the obligation of the other. -Reciprocal
obligation
9. When the subject matter of the contract is lost through a fortuitous event, who is liable?
a. The debtor
b. The creditor
c. None of them
d. Both creditor and debtor

10. X is obliged to give Y a 2023 model specific car with plate number ABC 123 on January 30, 2024. On
February 10, 2024, X did not yet deliver the car which was totally destroyed by an earthquake on
such date. Is X still liable?
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a. Yes. Y can instead demand for another car of equivalent value from X.
b. No. The obligation is extinguished. The specific thing was lost due to fortuitous event
and no demand to deliver was made by Y.
c. No. Even if X is already in default, he can plead impossibility of performance.
d. Yes. X is in legal delay. Y can claim damages.

Causal fraud- One is not a mode of breach of obligations.

11. I. Dolo causante is employed for the purpose of evading the normal fulfillment of an obligation.
II. Dolo incidente is employed for the purpose of securing the consent of the other party to enter
into the contract.
a. Both are true.
b. Both are false.
c. Only I is true.
d. Only II is true.

Negligence- It is the omission to do something which a reasonable man, guided by those considerations,
which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a
prudent and reasonable man would not do.

12. In this case, advance payment of the debtor is recoverable:

a. If the debtor was unaware of the period.
b. If the advance payment is only for interest due.
c. If the creditor demanded for the advance payment.
d. If the advance payment has no interest.

Active subject- It is the conduct required to be observed which includes “to give”, “to do”, or “not to do”.

13. When the period is “on or before a date” the debtor has the benefit of the period. This benefit is lost
and the obligation becomes demandable when:
a. The guarantee is given by the debtor is not acceptable to the creditor.
b. The debtor accepts to abscond.
c. Demand by the creditor could be useless.
d. After contracting the obligation, the creditor suspects the debtor to become insolvent.

14. The following are generic things, except:

a. A sack of rice
b. Two kilograms of chicken
c. Three apples
d. A motorcycle scooter with plate number ABC 123

15. I. The obligor must take care of the thing to be delivered with the diligence of a good father of a
family.
II. The law requires common carriers to exercise extraordinary diligence in the vigilance over goods
and passengers that they contracted to carry.
a. Both are true.
b. Both are false.
c. Only I is true.
d. Only II is true.

16. In the absence of an express stipulation as to the rate of interest that would govern parties, the rate
of legal interest for loans or forbearance of any money, goods or credits and the rate allowed in
judgments shall be:
a. 3% per annum
b. 6% per annum
c. 9% per annum
d. 12% per annum

17. In specific real obligation, the creditor may exercise the following remedies should the obligor fail
to perform his obligation, except:
a. Demand specific performance of the obligation with a right to indemnity for damages.
b. Demand rescission or cancellation of the obligation with a right to recover damages.
c. Demand the payment of damages only where it is the only feasible remedy.
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d. Demand that a third person deliver specific thing at the expense of the debtor with a right to
indemnity for damages.

18. It is a claim or title to or an interest in anything whatsoever that is enforceable by law.

a. Obligation
b. Right
c. Liability
d. Net assets

19. I. The creditor has the right to the fruits of the thing from the time the obligation to deliver it arises.
II. Real right over the thing to be given is acquired by the obligee only upon delivery.
a. Both are true
b. Both are false
c. Only I is true
d. Only II is true

20. Whenever, in an obligation a period is designated, is presumed to have been established for the
benefits of:
a. The creditor
b. The debtor
c. The creditor and debtor
d. Third person

21. When the thing deteriorates pending the fulfillment of the suspensive condition without the fault of
the debtor, the impairment is:
a. To be borne by the debtor
b. To be borne by the creditor
c. To be borne by the party who caused the deterioration
d. To be borne partly by the debtor and partly by the creditor

22. A thing is not deemed lost when:

a. It deteriorates
b. It perishes
c. It disappears in such a way its existence is unknown, or it cannot be recovered
d. Goes out commerce

23. I. Those obliged to deliver or to do something incur in delay from the time the oblige judicially or
extrajudicially demands from them the fulfillment of their obligation.
II. The general rule in reciprocal obligations is that the fulfillment of the parties’ respective
obligations should be simultaneous. Hence, no demand is generally necessary.
a. Both are true
b. Both are false
c. Only I is true
d. Only II is true.

24. The following are requisites for a fortuitous event to excuse the performance of an obligation,
except:
a. The event must be independent of the human will or at least of the obligor’s will.
b. The event could be foreseen or it must be possible to avoid
c. The event must be of such character as to render it impossible for the obligor to fulfill his
obligation in a normal manner.
d. The obligor must be free from any participation in the aggravation of the injury resulting to
the obligee.

25. A promissory note signed by X and dated April 30, 2023 is worded as follows: “I promise to pay Y
the sum of P50,000 provided that if she should fail in the October 2023 CPA Examination, she shall
return to me the said amount.” The above note gives rise to an obligation with:
a. Suspensive condition
b. Resolutory condition
c. Casual condition
d. Impossible condition

26. It is a condition which is against the law, public policy, good customs or by its nature it cannot be
realized.
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a. Suspensive condition
b. Resolutory condition
c. Potestative condition
d. Impossible condition

27. The happening of the condition extinguishes the obligation

a. Suspensive condition
b. Resolutory condition
c. Potestative condition
d. Impossible condition

28. A person who has the right to the benefits of another’s property.
a. Lessor
b. Antichretic creditor
c. Usufructuary
d. Bailor

29. It has the effect of “unmaking a contract, or its undoing from the beginning, and not merely its
termination”
a. Rescission
b. Specific performance
c. Annulment
d. Void

Part II, TRUE or FALSE

Instructions: Encircle the number if the statement is true, otherwise, slash the number if the
statement is false.

TRUE
 The power to rescind obligations is implied in reciprocal ones in t should not comply with what is
incumbent upon him.
 A condition has for its requisites futurity and uncertainty.
 A term or period has for its requisites futurity and uncertainty.
 A period may or may not happen.
 A person alternatively bound by different prestations shall completely perform all of them.
 The creditor can be compelled to receive part of one and part of t other undertaking.
 In alternative obligation, the right of choice belongs to the creditor unless it has been expressly
granted to the debtor.
 In alternative obligation, when the choice has been expressly given to the creditor, the obligation
shall cease to be alternative from the day when the selection has been communicated to the debtor.
 In facultative obligations, loss or impossibility of the object or prestation which is due without the
fault of the debtor is not sufficient to extinguish the obligation.
 The nullity of the penal clause carries with it that of the principal obligation.
 If the resolutory condition is not fulfilled, the juridical relation consolidated.

 In suspensive condition, rights are not yet acquired, but there is a b or expectancy that they will
soon be acquired.
 If the fulfillment of a potestative condition depends exclusively upon the will of the debtor, the
conditional obligation shall be void.
 Alternative obligations may be complied with by the delivery of one of the objects or by the
performance of one of the prestations which are alternative due.
 In alternative obligations, the right of choice may pertain even to the creditor.
 In a “joint and several” obligation, the relationship between the active and passive subjects is so
close that each of the must comply with or demand the fulfillment of the part obligation.
 The well-entrenched rule is that solidary obligations cannot be inferred lightly. They must be
positively and clearly expressed.
 Indivisibility refers to the prestation that is not capable of partial performance.
 Indivisibility exist even if there is only one debtor and one creditor.
 Solidarity exist only if there ae two or more debtors or two or more creditors.
 Each one of the solidary creditors may do whatever may be useful or beneficial to the others as well
as anything which may be prejudicial to the latter.
 The penalty shall substitute the indemnity for damages and the payment of interests in case of non-
compliance.
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 A principal obligation may exist without an accessory obligation but an accessory obligation cannot
exist without a principal obligation.
 In alternative obligations, the impossibility of one of the objects due without the fault of the debtor
extinguishes the obligation.
 In alternative obligation, the nullity of one of the objects does not invalidate the obligation which is
still in force with respect to those which have no defect.
 The nullity of the principal object invalidates the obligation, even if the substitute object is valid.
 It is incumbent upon the party alleging that the obligation is solidary in character to prove such fact
with a preponderance of evidence.
 As a general rule, a solidary creditor can assign his rights based on the principle of transmissibility
of rights.
 Solidarity makes a solidary obligor an indispensable party in a suit filed by the creditor.
 A surety is not considered in law to be on the same footing as the principal debtor in relation to
whatever is adjudge against the latter.
 A surety who pays the creditor has the right to recover the full amount paid from the principal
debtor or debtors.
 -end-

FALSE
 If the fulfillment of a potestative condition depends exclusively upon the will of the creditor, the
conditional obligation shall be valid.
 A condition will surely come to pass.
 In alternative obligations, the loss of one of the objects which are due without any fault of the
debtor is necessary to extinguish the obligation.
 If the suspensive condition is fulfilled, the obligation is extinguished.
 If the resolutory condition is fulfilled, the obligation becomes effective.
 A stipulated penalty may not be equitable reduced by the courts if it is iniquitous or
unconscionable.
 In suspensive condition, rights are already acquired, but subject to threat of extinction.
 The debtor shall lose the right of choice when among the prestations whereby he is alternatively
bound, only one is practicable.
 Facultative obligations may be complied with the delivery of another object but not in substitution
of that which is due.
 In facultative obligations, the right of choice pertains only to the creditor.
 In a joint obligation, each obligor answers the whole liability.
 In case of breach of a joint indivisible obligation, it will never be converted into an indemnity for
damages.
 The obligation is deemed to be invisible when it is to give definite things and those which are not
susceptible of partial performance.
 Solidarity refers to prestation.
 An accessory obligation is not dependent for its existence on the existence for a principal obligation.
 In facultative obligations, the culpable loss of the object which the debtor may deliver in
substitution before the substitution is effected does gives rise to any liability on the part of such
debtor.
 In case of concurrence of two or more creditors of two or more debtors in one and the same
obligation, the presumption is that the obligation is only joint.
 When the law expressly provides for solidarity of the obligation, each obligor may be compelled to
pay pro-rata of the obligation.
 Suretyship is merely a principal obligation.

Part 1. Please encircle the correct answer.

Situation: X Sold a parcel of land to Y for P 500,000.00.

30. What is the juridical tie?

a. X c. Land
b. Y d. contract of sale

31. Who is the passive subject?

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a. X c. Land
b. Y d. contract of sale

32. Who is the active subject?

a. X c. Land
b. Y d. contract of sale

33. What is the prestation?

a. X c. Land
b. Y d. P500,000

34. Situation: Mr. Yu sold one unit of M16 carbine to Mr. Ree for P250,000. Mr. Yu delivered the M16
carbine to the house of Mr. Ree. However, Mr. Ree did not pay the consideration that is due to Mr. Yu.
Mr. Yu now went to the Municipal Trial Court in Cities of Dimasarakan City to file a collection suit to
collect the payment of the M16 carbine delivered to Mr. Ree. Is there a valid obligation?

a. Yes c. somewhat, yes. e. none of the choices

b. No d. somewhat, no.

35. An obligation is a __________________ to give, to do or not to do.

a. Important choice c. juridical tie

b. Necessary d. juridical necessity

36. When the debtor binds himself to pay when his means shall permit him to do so:
a. The obligation is deemed to be one with a period. c. The obligation is void.
b. The obligation is a conditional obligation. d. The obligation is unenforceable.
37. They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be
enriched or benefited at the expense of another.
a. Quasi-delicts c. Culpa contractual
b. Quasi-contracts d. Culpa Aquiliana
38. The quasi-contract of negotiorum gestio requires the following. Which is the exception?
a. There must be an abandoned or neglected property or business.
b. Someone voluntary takes charge of that abandoned business or property.
c. The owner must consent to the management of his business or property by someone.
d. The owner has the obligation to reimburse the expenses of the person who takes charge of
his business or property.
39. Pedro receives a package via Ninja Van. When he opened the package, he realized that the same was
delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of
Pedro to give the package to Pablo arises from:
a. Law c. moral obligations
b. contracts d. solutio indebiti
40. Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior
quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on,
Marita discovers the misrepresentation, Marita may:
a. sue for damages alone because of dolo causante.
b. sue for rescission.
c. sue for annulment because of dolo incidente.
d. sue for annulment because of dolo causante.
41. Pedro promised to give Jose an orchard planted with mango trees on April 30, 2023. Before April
30, 2023, what right does Jose have over the orchard?
a. Jose has no right. c. Jose has both a personal and a real right.
b. Jose has a personal right. d. Jose has a real right.
42. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and
payment. The obligation of Mr. Robles as seller is:
a. to deliver when Mr. Roxas is ready to pay.
b. to deliver the car immediately because there is already a perfected contract.
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c. to have the contract rescinded because no date is fixed for performance.

d. to deliver the car immediately because his obligation is pure.
43. On January 5, 2023, Jose Dizon was supposed to deliver to Ruben Samia a specified red car, upon
demand. There was no delivery however, on said date. On January 15, 2023, the garage of the car
collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
a. No, because he could plead impossibility of performance due to a fortuitous event even if he
is in delay.
b. Yes, because Jose Dizon is in legal delay.
c. No, because there was no demand and the car was lost through a fortuitous event.
d. Yes, because there is a perfected contract.
44. The following are the elements of an obligation, except:
a. Juridical/Legal Tie c. Active subject
b. Passive subject d. Consideration
45. It is a conduct that may consist of giving, doing, or not doing something.
a. Obligation b. Prestation c. Juridical necessity d. Contract
46. The following are the elements of quasi-delict, except:
a. Act or omission b. Fault/negligence c. Damage/injury
d. Pre-existing contract
47. This term refers to a delay on the part of both the debtor and creditor in reciprocal obligations.
a. Mora accipiendi c. Compensation morae
b. Mora solvendi d. Solution indebiti
48. It is an intentional evasion of the faithful performance of the obligation.
a. Negligence b. Fraud c. Delay d. Mistake
49. A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event in
any of the following instances, except:
a. The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more
persons who do not have the same interest.
b. The debtor contributed to the loss.
c. The thing to be delivered is generic.
d. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the
obligation.
50. X obliges himself to give Y P10,000.00 if Y will marry W before Y reaches the age of 23. Which of the
following is NOT a consequence of X’s obligation?
a. X is liable if Y marries W before he reaches the age of 23.
b. X is not liable if Y marries W at the age of 23 or after he reaches the age of 23.
c. If Y dies at the age of 22 without having married W, the obligation is extinguished
d. X has the obligation to be the godfather of Y and W
51. Why is an Obligation a juridical necessity?
a. because in case of non-compliance, the courts of justice may be called upon to enforce its
fulfillment
b. because the debtor has the obligation to fulfill the obligation
c. because the creditor has the right to demand fulfillment of the obligation
d. because the prestation involved is a lawful object
52. Which of the following DOES NOT describe an active subject to an obligation?
a. She is the obligee to an obligation c. She is the obligor to an obligation
b. she who has the “right” d. she who is entitled to the fulfilment of
the obligation
53. You were presented with the following objects. Which of the following is not a Generic thing?
a. A car b. a 2020 BMW automobile c. a kilo of sugar d. this car
54. Given the obligation to deliver a determinate thing, which of the following is not a determinate
thing?
a. Dog named “daichi” b. the sum of P5 million c. car with plate number BAB 1234 d.
this picture

Part 2. Please write the letter of your answer in the blank space provided.
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A. Divine Law C. Moral Law E. State Law

B. Natural Law D. Physical Law F. Eternal Law

55. _______ F- This concerns the wisdom of a Supreme Being.

56. _______ A- This is showcased or made known to us through revelations.
57. _______ C- This emphasizes the person’s basic understanding of right or wrong, justice, and
righteousness.
58. _______ D- This is concerned with things that a person could not change.
59. _______ E- This is concerned with the collective understanding of good or bad.
60. _______ E- This is concerned with the enactment of laws.

Part 3. Please encircle the correct answer.

Situation: X died, leaving his wife, Y, and his sons, A, B, & C. X left a Will. One provisions of the Will of X states
that D shall take care of a particular parcel of land located at Carig Sur, Tuguegarao City and shall be
transferred to X’s sons after 5 years, in the form of a fidei commissary. 8 years have passed yet the parcel of
land was not transferred to X’s sons.

61. Is there an obligation created with regards D?

a. Yes
b. No
c. No idea
d. I surrender, Sir.

62. What is the juridical tie?

a. Contract of sale
b. Promise
c. Will

63. Who is the passive subject?

a. X son
b. A, B, & C
c. D
d. Y

Part 5. True or False. Please write “T” if the statement is true and “F” if the state is false.

False
1. “I will support you from the time you marry”. This is an obligation with a period.
____2. When Captain Ri causes damage to Rachel Park through the formers fault or negligence, there
being no contractual relationship between them, the basis of Captain Ri s liability is a quasi-contract.
____4. If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for
the payment of damages.
____6. Negligence signifies the idea of delay in the fulfillment of an obligation.
____8. Incidental fraud is one committed in the performance of an obligation.
____9. Proper diligence of a good father of a family means extra-ordinary diligence.
____12. Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration
is exclusive.
____15. When “A” promises to deliver to “B” any car, he has the obligation to preserve the car with due
care.
____16. In an obligation to do or to render service, the obligee may impose personal force or coercion to
compel the obligor to comply with his obligation.
____17. There is debtor's fault in real obligation when a creditor demands the delivery of a thing not yet
due.
____19. A waiver made in advance not to file an action for damages based on future fraud in the
performance of an existing obligation is void.
____20. A waiver made in advance not to file an action for damages based on future fraud in the
performance of an existing obligation is void.
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____21. The diligence of a good father of the family is the fixed degree or standard of care required in
any circumstances.
____22. The theft of a thing is considered force majeure which results in the extinguishment of an
obligation to deliver the (stolen) thing.
____24. An obligation in a contract which arises upon the death of one of the parties is classified as
conditional obligation.
____25. An obligation where the period of payment is subject to the will of the debtor or obligor is void.
____32. In an obligation not to do, non-fulfillment may take place but delay is impossible
____34. In Art. 1170, the breach of the obligation is voluntary.
____35. In Art. 1170, the breach of the obligation is voluntary.
____38. Rachel Park promised to give Khim Chi her a car if Khim Chi passes Law 1. Pending the
results of the final exams, Rachel Park's car is destroyed by fire, not imputable to her. When Khim Chi
passes Law 1, Rachel Park’s obligation is extinguished.
____39. Rachel Park promised to give Khim Chi her a car if Khim Chi passes Law 1. Rachel Park’s car,
while waiting for the results of the final exams in Law 1, deteriorated by ordinary wear and tear. When
Khim Chi passed Law 1 and the car is delivered, Khim Chi will bear the deterioration.
____40. Rachel Park promised to give Khim Chi P1,000,000 if Khim Chi passes Law 1 is an example of
a resolutory obligation

True
____3. The act of negligence of Capt. Ri that causes injury to another, there being no contractual
relationship between them, may give rise to a liability based on culpa aquiliana and culpa criminal and
the injured party may recover twice from the same act or omission of the defendant.
____5. If a person obliged to do something fails to do it, he may be compelled by court action to fulfill
his obligation.
____7. Delay or default means the failure to perform the obligation on the date agreed upon by the
parties.
____10 .Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a
van, all of which are specific. If the car and the pick-up truck were lost through Jose’s fault, he has no
choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the
obligation is extinguished and Jose is not liable.
____11. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a
van, all of which are specific. If the pick-up truck and the car were lost through a fortuitous event, Jose
has no choice but to deliver the van; if before delivery, the van was lost because of Jose’s fault, he is
liable.

____13. An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not
benefit anyone or which did not cause damages to another person
____14. When “A” promises to deliver to “B” one of his present antique cars, he is confined to deliver
only any of the antique cars that presently belong to him.
____18. A person who in the performance of his obligation is guilty of fraud, negligence or delay is
liable for damages.
____23. The rule that no person is responsible for a fortuitous event applies even in an obligation to
deliver a horse.
____26. The court can fix the period when the obligation is subject to the sole will of the debtor.
____27. An obligation subject to a resolutory condition is immediately demandable but is extinguished
upon the happening of the condition.
____28. “I promise to pay 1 Million Pesos”, is demandable at once.
____29. Obligations with impossible conditions are void.
____30. As a general rule, parties can stipulate for a lower degree of diligence.
____31. The receipt of the principal by the creditor, without reservation with respect to the interest shall
give rise to the presumption that the interest has been paid.
____33. Negligence is not presumed but must be proven by the party who alleges it.
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____36. If the suspensive condition is fulfilled, the obligation arises, while if it is the resolutory
condition that is fulfilled, the obligation is extinguished
____37. Rachel Park promised to give Khim Chi P1,000,000 if Khim Chi passes Law 1. Pending the
results of the final exams, Rachel Park’s money is destroyed by fire, not imputable to her. When Khim
Chi passes Law 1, Rachel Park still have to give Khim Chi P1,000,000

Ignorantia Legis Non-Excusat!

-end-