RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A.

OS-AG, CPA, MBA

2:30-4:00 TTH

I. No Cheating. Multiple Choice. Select the best answer from among the choices.

1. The following are also terms used to describe an obligee. Which is not included?
a. Creditor b. Passive subject c. owner of right d. Active subject

2. He has the duty of doing, giving or not doing

a. Active subject b. Creditor c. Obligor d. obligee

3. The obligation is constituted in favor of:

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

4. It is the subject matter of the obligation:

a. Active subject b. Passive subject c. Efficient cause d. Prestation

5. Vinculum juris
a. Active subject b. juridical tie c. Passive subject d. Obligee

6. The obligation exists because of the presence of:

a. Obligor b. juridical tie c. Active subject d. Prestation e. All of the above

7. X obliged himself to repair the refrigerator of Y. The active subject is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

8. Based on the question above, the passive subject is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

9. Based on question No. 7, the prestation is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

10. Based on question no. 7, the efficient cause is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

11. Obligation consists in giving something

a. Unilateral b. Bilateral c. Real d. Personal

12. Which is false? Demandability of obligation derived from law

a. Are expressly determined in the Civil Code of the Philippines
b. Are expressly determined in special laws.
c. Are presumed
d. None of the above
13. The obligation of the taxpayers to pay taxes to the Government arises from
a. Law b. Contract c. Quasi-Contract d. Delict e. Quasi-delict

14. Juridical relations that arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched at the expense of another.
a. Law b. Contract c. Quasi-contract d. Delict e. Quasi-delict

15. A person voluntarily takes charge of the management of the business or property of another, without any power or authority from the latter.
a. Delict or felony b. Negotiorum gestio c. Solutio indebiti d. Quasi-delict

16. A person receives something when he has no right to demand it.

a. Delict of crime b. Negotiorum gestio c. Solutio Indebit i e. Quasi-delict

17. Undue delivery resulting from mistake; recipient is obliged to return the thing received.
a. Delict or offense b. Negotiorum gestio c. Solutio Indebit i e. Quasi-delict

18. Omission of the diligence required resulting to damage to another when there is no contractual relationship.
a. Quasi-contract b. Law c. Negligence d. Acts or omission punished by law

19. Creditor issues a receipt which shows that the principal has been paid without mention of the interest. The presumption is
a. The principal has been partially paid
b. The interest is unpaid
c. The interest has been paid
d. There was no agreement to pay interest.

20. Who is liable for the loss of the subject matter by fortuitous event?
a. Creditor b. Debtor c. Both debtor and creditor d. Neither debtor nor creditor

21. X is obliged to give Y his only car on January 10, 2021. X did not deliver the car on the day agreed upon. On January 15, 2021, an earthquake destroyed the building
where th car was parked and it was completely destroyed thereat. Is X liable on the loss which was due to fortuitous event?
a. Yes, because X was in delay, thus the loss due to fortuitous event does not exempt him from the obligation to the creditor.
b. No, the obligation is extinguished even if the debtor is already in default, because the debtor can plead impossibility of performance.
c. Yes, the creditor can demand payment of damages instead of demanding performance, since the thing lost was determinate.
d. No, considering that no demand to deliver was made by Y and the specific thing was lost due to a fortuitous event resulting to the extinguishment of his
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
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obligation.

22. Diligence required in an obligation to give a determinate thing.

a. Extra-ordinary diligence
b. Diligence depending on the parties
c. Ordinary diligence
d. Diligence of a father of a good family
23. It is a thing which may be particularly designated and physically segregated from all other os the same kind, except
a. Specific thing b. Generic thing c. Particular thing d. Determinate thing

24. A kind of thing that never perishes.

a. Specific thing b. Generic thing c. Particular thing d. Determinate thing

25. Spontaneous product of the soil or young of animals.

a. Natural fruit b. Industrial fruit c. Civil fruit d. Juicy fruit

26. The creditor acquires personal right to the fruits of the thing-.
a. From the time there is meeting of the minds of the parties. c. From the time the obligation is constituted.
b. From the time to deliver it arises. d. From the time the fruit is actually delivered to him.

27. When do the creditor acquire real right over the fruit of the thing?
a. From the time there is meeting of the minds between the c. From the time the obligation is constituted.
parties. d. From the time the fruit is actually delivered to the creditor.
b. From the time to deliver it arises.

28. Power or right demandable by one person of another to giv, to do or not to do.
a. Personal rightb. Real right c. Jus in red. All of the above

29. Power or right over a specific thing and is binding against the whole world.
a. Personal rightb. Real right c. Jus in re d. All of the above

30. In a pure obligation, the obligation to deliver the thing arises

a. From the time the obligation is constituted. c. From the happening of the condition.
b. From the arrival of the period agreed upon. d. From the actual delivery of the thing.

31. In a conditional obligation, the obligation to deliver the thing arises

a. Upon the arrival of the day certain. c. From the happening of the condition.
b. Upon the time there is meeting of the minds between the d. Upon the happening of the resolutory condition.
parties.

32. Keys of the house are given to the new owner

a. Traditio simbolica c. Tradition brevi manu
b. Traditio longa maniu d. Traditio actualidad

33. Constitutom possessorium X is bound to deliver Y a Wimpex Air Cooler with remote control. X failed to comply. The right of Y is to
a. Compel X to make the delivery of the object of the obligation.
b. Demand damages from X for failure to deliver.
c. Ask X to comply with his obligation.
d. File a suit in court to comply with his obligation.

34. Event which could not be foreseen or even when foreseen were inevitable
a. Current events b. Unavoidable event c. Fortuitous event d. A day certain

35. L is obliged o deliver a specific manual car with red color to M. X failed to deliver the said car to M on the date agreed upon despite an extra-judicial demand.. Which
is not the right of M?
a. Ask L to deliver a red manual car.
b. Compel L for specific performance.
c. Demand damages from L for failure to comply with his obligation
d. File a suit in court to compel L to perform his obligation.

36. In an obligation to give a determinate thing, all the accessions and accessories have to be delivered
a. When there is an agreement to that effect.
b. If parties stipulated that the same shall be included to be delivered.
c. Even though they may not have been mentioned.
d. All of the above.

37. Delay on the part of the debtor

a. Mora accipiendi b. Mora solvendi c. Compensatio morae d. Mora indipuede

38. Demand by the creditor from the debtor

a. May be judicial b. May be extra-judicial c. Both “a” and “b” d. Neither “a” nor “b”

39. Damages to adequately compensate for pecuniary loss suffered including profits.
a. Actual damages b. Moral damages c. Nominal damages d. Temperate damages
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
2:30-4:00 TTH
40. Any waiver for an action for future fraud is
a. Unenforceable b. Voidable c. Void d. Rescissible e. Negotiable

41. I promise to give you my car with plate number CVM 111, is what kind of obligation?
a. Pure obligation b. Suspensive obligation c. Resaolutory d. With a period

42. I oblige myself to give you P1,000 on demand. An obligation called

a. Pure b. Suspensive c. Resolutory d. With a suspensive period

43. The happening of a suspensive condition

a. Obligation and right exist c. Extinguishes an obligation
b. Loss of a right already existing d. All of the above.

44. The arrival of a resolutory period

a. Gives rise to an obligation c. Extinguishes the obligation and loss of an existing right
b. Acquisition of a right d. The debtor becomes liable

45. A was obliged to pay P1 million to B on October 1, 2020. Believing that the obligation was already due and demandable, A paid the debt on October1, 2019. Later, on
December 31, 2019, A realized that he made a mistake. How much may A recover on December 31, 2019?
a. Nothing d. P 1 million plus legal interest for three (3) months.
b. P 1 million e. Legal interest for three (3) months.
c. P 1 million plus legal interest for one (1) year. f. Legal interest for one (1) year.

46. If in the above question , if A’s payment was made with full knowledge of A, how much may A recover from B on December 31, 2019?
a. Nothing d. P 1 million plus legal interest for three (3) months.
b. P 1 million e. Legal interest for three (3) months.
c. P 1 million plus legal interest for one (1) year. f. Legal interest for one (1) year.

47. If in question No. 45, unaware of the period when he prematurely paid B, how much may A recover from B on December 31, 2020?
a. Nothing d. P 1 million plus legal interest for one (1) year and three (3)
b. P 1 million months
c. P 1 million plus legal interest for one (1) year. e. Legal interest for three (3) months..
f. Legal interest for one (1) year

48. In alternative obligation, to whom does the right of choice belongs?

a. To the debtor only c. To the debtor but may be expressly given to the creditor
b. To the creditor onlyd. To the creditor but may expressly be given to the debtor

49. In facultative obligation, to whom does the right to substitute the prestation belongs?
a. To the debtor only c. To the debtor but may be given to the creditor
b. To the creditor only d. To the creditor but may be given to the debtor.

50. A borrowed P100,000 with 12% from B, payable on December 31, 2021. For whose benefit was the period December 31, 2021 established?
a. For the debtor only c. Both the debtor and creditor
b. For the creditor only d. Neither debtor nor creditor

51. Which of the following statements concerning the obligation to deliver a thing is correct?
I. A generic or indeterminate thing is only indicated by its kind, without being designated and distinguished from others of the same kind.
II. A determinate or specific thing or delimited generic thing is one that is individualized and can be identified or distinguished from others of its kind.
a. Neither I nor II c. I only
b. Both I and II d. II only

52. Which of the following refers to a determinate thing or specific thing or delimited generic thing?
a. White horse c. Car with engine number 143-245
b. Pilot ballpen. d. House and lot in Villa Lourdes Subdivision

53. Which of the following refers to an indeterminate thing or generic thing?

a. a Black Honda Civic Car with Plate Number CPA-123 c. Red motor cycle with engine number 143-245
b. Which Machinery with Serial Number 123-456 d. Studio Type Condominium unit in Avida Taft Tower 1

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

55. In an obligation to deliver a determinate thing, what degree of diligence shall be exercised by the obligor or debtor in the preservation of the determinate or
specific or delimited generic thing?
a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of care.
b. Diligence of a father of a good family unless the law or the stipulation of the parties requires another standard of care.
c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person unless the law or the stipulation of the parties
requires another standard of care.
d. No diligence unless the law or the stipulation of the parties requires another standard of care.

56. In an obligation to deliver a determinate or specific or delimited generic thing, when is the creditor or obligee entitled to the fruits of the determinate thing or
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
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when does the creditor obtain personal rights over the fruits of the determinate or specific or delimited generic thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver the determinate thing arises.
c. From the time it is delivered physically or constructively.
d. From the fulfillment of resolutory condition.
57. In an obligation to deliver a determinate thing, when does the creditor or obligee obtain real rights over the fruits of the determinate thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver it arises.
c. From the time the fruits are delivered physically or constructively.
d. From the fulfillment of resolutory condition.

58. In a contract of sale, when is the buyer or vendee entitled to the fruits of the determinate thing or when does the buyer or vendee obtain personal rights over
the fruits of the determinate thing?
a. From the time of the perfection of the contract of sale of determinate thing.
b. From the time the obligation to deliver arises.
c. From the time the determinate thing is delivered.
d. From the fulfillment of resolutory condition.

59. Which of the following statements concerning real right and personal right is correct?
I. A real right is the power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be
personally exercised. It can be exercised against any person or against the whole world.
II. A personal right is the power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not
to do. It can be exercised against a particular person.
a. I only
b. II only
c. Both I and II
d. Neither I nor II

60. As a general rule, when a debtor or obligor fails to comply with his obligation, the creditor or obligee may avail himself of what remedies?
a. Action for specific performance or action to rescind or resolve the obligation.
b. Action for Specific performance with damages only.
c. Action to rescind or resolve the obligation with damages only.
d. Action for specific performance or action to rescind the obligation or action for damages, exclusively or in addition to either of the first two actions.

61. What is the proper remedy of the creditor in the case the debtor or obligor fails to comply with his obligation to deliver a determinate or specific or
delimited generic thing?
a. Action for specific performance in addition to damages under Article 1170.
b. He may ask the obligation to be complied with at the expense of the debtor with damages.
c. Action for rescission of the obligation.
d. Action for annulment of the contract.

62. What is the remedy of the creditor in the case the debtor or obligor fails to comply with his obligation to deliver an indeterminate or generic thing?
a. Action for rescission of the obligation.
b. He may file an action for specific performance with damages only.
c. He may ask the obligation to be complied with at the expense of the debtor with damages only.
d. Either B or C.
63. Is the debtor or obligor liable for damages by reason of the loss of the determinate thing due to fortuitous event?
a. No, as a general rule, except in those cases provided by law.
b. Yes, as a general rule, unless he is exempted by creditor or obligee.
c. Yes, in all cases.
d. No in all cases.

64. In an obligation to deliver a determinate thing, when is the debtor or obligor liable even if the loss of the determinate thing is due to fortuitous event?
I. When the debtor or obligor delays in the delivery of the thing.
II. When the debtor or obligor promised the same thing to two or more persons.
a. I only c. Both I and II
b. II only d. Neither I nor II

65. In an obligation to give a determinate thing, which of the following statements is true?
a. The obligation to give a determinate thing includes that of delivering all of its accessions and accessories only if there is stipulation to that effect.
b. The obligation to give a determinate thing includes that of delivering all of its accessions and accessories even though they may not have been
mentioned.
c. The obligation to give a determinate thing includes that of delivering all of its accessions and accessories even if there is stipulation to the contrary.
d. The obligation to give a determinate thing does not include that of delivering all of its accessions and accessories.

66. Which of the following statements is correct?

I. Accessories refer to those which destined for the embellishment, use or their preservation of another thing or more importance, have for their object the
completion of the latter for which they are indispensable or convenient.
II. Accessions include everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially.
a. I only c. Both I and II
b. II only d. Neither I nor II

67. The following are the kinds of fruits under the Civil Code, except
a. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
2:30-4:00 TTH
b. Industrial fruits are those produced by lands of any kind through cultivation or labor.
c. Civil fruits are fruits as a result of civilization or fruit arising out of a juridical relation or contracts such as are the rents of buildings, the price of leases of lands
and other property and the amount of perpetual or life annuities or other similar income.
d. Commercial fruits are fruits arising from commercial transaction.

68. As a general rule, in an obligation to do, what is the remedy of the creditor if the debtor fails to do the prestation?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner at the expense of the debtor.
d. Action for damages only to be awarded by the Court.
69. In an obligation to do whereby only the debtor can do the thing, what is the remedy of the creditor if the debtor fails to do the prestation?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner at the expense of the debtor.
d. Action for indemnification for damages.

70. In case a public official who has the ministerial duty to perform a particular obligation or public duty under the law fails to do such obligation, what is the
remedy of the offended party?
a. Civil action for specific performance c. Special civil action for certiorari
b. Special civil action for mandamus d. Special civil action of prohibition

71. In an obligation to do, what is the remedy of the creditor in case the debtor did it in contravention of the tenor of the obligation or did it poorly?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner or it may be decreed that what had been poorly done be undone at the expense of the debtor.
d. Action for damages only to be awarded by the Court.

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

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

74. Delay can exist in the following obligations, except

a. Obligation to do c. Obligation not to do
b. Obligation to give d. None of the above

75. As a general rule, demand by the creditor is necessary in order for debtor’s delay to exist. However, the following are the exceptional cases When demand by
the creditor shall not be necessary in order for debtor’s delay to exist, except
a. When the obligation expressly so declares that demand is not necessary for delay to exist or that demand is waived.
b. When the law expressly so declares that demand is not necessary for delay to exist.
c. When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to
be rendered was a controlling motive for the establishment of the contract.
d. When there is unilateral obligation.
e. When demand would be useless, as when the obligor has rendered it beyond his power to perform.

76. In a reciprocal obligation, when does the other party incur delay?
a. From the moment one of the parties makes a demand.
b. From the moment one of the parties fulfills his obligation.
c. When both parties do not comply with what is incumbent upon
them.
d. When both parties are not ready to comply in proper manner their
obligations.
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
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77. Delay or Default (Mora) on the part of the debtor or obligor is called
a. Mora solvendi c. Compensatio morae
b. Mora accipiendi d. Mora obligor

78. The following are the requisites in order that the debtor or obligor may be in default, except
a. There must be a complaint filed in court against the debtor.
b. The obligation must be demandable and already liquidated.
c. The debtor delays performance of the obligation.
d. The creditor demands the performance judicially or extrajudicially.

79. Which of the following is the effect of delay on the part of the debtor a.k.a mora solvendi?
I. The debtor becomes liable for damages for the delay.
II. When it has for its object a determinate thing, the delay places the risk of the thing on the debtor.
a. I only c. Both I and II
b. II only d. Neither I nor II

80. The following are the effects of the delay on the part of the creditor a.k.a mora accipiendi, except
a. The creditor becomes liable for damages.
b. The debtor may relieve himself of the obligation by the consignation of the thing.
c. The debtor bears the risk of the loss of the thing.
d. The responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence.
e. All expenses for the preservation of the thing after the mora shall be chargeable to the creditor.

81. What is the effect of delays on both debtor and creditor aka. compensatio morae?
a. The delays on the part of both debtor and creditor are compensated or offset, therefore, no one is liable for damages.
b. The debtor remains to be liable for damages.
c. The creditor remains to be liable for damages.
d. The obligation becomes void.

82. When will the benefits arising from default or delay stop?
a. By delay of the other party. c. By payment of damages.
b. By rescission of the contract. d. By renunciation by other party of effects of delay or by prescription.
83. Article 1170 of the Civil Code provides that “The debtor or obligor shall be liable for damages if in the fulfillment of obligation, he is guilty of the following,
except
a. Fraud or dolo d. Contravention of the tenor of obligation
b. Negligence or fault or culpa e. Good faith
c. Delay or default or mora

84. Which of the following statements pertains to “fraud”?

a. It is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly
demand, whereby such person suffers injury.
b. It refers to the non-fulfillment of the obligation with respect to time.
c. It refers to the deliberate and intentional evasion of the normal fulfillment of obligations.
d. It refers to illicit act which impairs the strict and faithful fulfillment of the obligation or every kind of defective performance.

85. When is the debtor not liable for damages in cases of contravention of tenor or delay in the performance of obligation?
a. It is malicious or intentional.
b. There is gross negligence.
c. It is due to fortuitous events.
d. It is due to force majeure and there is stipulation making the debtor liable even in such case.

86. The following are the types of damages that may be awarded to the aggrieved party by the court, except
a. Moral damages are damages awarded by reason of physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar injury.
b. Exemplary or corrective damages are damages which are imposed, by way of example or correction for the public good, in addition to the moral, temperate,
liquidated or compensatory damages.
c. Nominal damages are damages adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or
recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
d. Temperate or moderate damages are damages which are more than nominal but less than compensatory
damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be
provided with certainty.
e. Actual or compensatory damages are damages awarded for pecuniary loss suffered and duly proved by the plaintiff
f. Liquidated damages or penalty are damages agreed upon by the parties to a contract, to be paid in case of breach thereof and may not be assessed by the
court.
g. Superficial damages are those damages that are unconscionable, iniquitous, excessive, exorbitant and contra bonus mores.

87. As a general rule, what is the legal interest rate for ordinary obligation to pay a sum of money or forbearance of money?
a. Always 12% c. Always 10%
b. Always 6% d. 12% before July 1, 2013 but 6% on or after July 1, 2013
88. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for what type of fraud is void?
a. Future fraud c. Both future and past fraud
b. Past fraud or fraud already committed d. Neither future nor past fraud
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
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89. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts,
according to the circumstances. What type of culpa is referred to by this provision of the Civil Code?
a. Culpa criminal c. Culpa aquiliana
b. Culpa contractual d. Culpa capa

90. In what type of culpa or negligence will the defense of the exercise of good father of the family in the selection of his employees by the employer be a tenable
defense? '
a. Culpa criminal c. Culpa aquiliana
b. Culpa contractual d. Culpa capa

91. A stipulation exempting future liability for damages shall be valid for which of the following?
a. Gross negligence c. Fraud
b. Bad faith d. Simple negligence

92. It refers to the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of
the time and the place.
a. Fraud or dolo c. Negligence or fault or culpa
b. Delay or default or Mora d. Contravention of the tenor

93. If the law or contract does not state the diligence to be observed in the performance of the obligation, what degree of diligence shall be observed?
a. Extraordinary diligence
b. Diligence of a father of a good family
c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person
d. Diligence of a good mother of a family

94. As a general rule, no person shall be responsible for those events which could not be foreseen, though foreseen, were inevitable or also known as fortuitous
events or force majeure. The following are the instances when a party is liable for the loss even it is due to fortuitous event, except
a. In cases expressly specified by law such as when the debtor incurs delay.
b. When there is stipulation that the obligor or debtor is still liable even in cases of fortuitous events.
c. When the nature of the obligation requires the assumption of risks.
d. When the fortuitous event is the immediate, proximate and sole cause of the damage or injury.

95. The following are the requisites of fortuitous events to exempt the obligor or debtor from liability, except
a. The cause of the unforeseen and unexpected occurrence or the failure of the debtor to comply with
b. his obligation must be independent of the debtor’s will.
c. It must be impossible to foresee the event which constitutes the case fortuito or if it can be foreseen, it must be impossible to avoid.
d. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner.
e. The obligor must participate in the aggravation of the injury resulting to the creditor.

96. Which of the following presumptions are correct?

I. The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to rebuttable presumption that said interest has been paid.
II. The receipt of a later installment of a debt without reservation as to prior installments, shall raise the rebuttable presumption that such prior installments have been
paid.
a. I and II c. II only
b. I only d. Neither I nor II

97. In order to satisfy his claims against the debtor, the unpaid creditor has the following successive rights, except
a. To levy by attachment and execution upon all the property of the debtor, except such as exempt by law from execution.
b. To exercise all rights and actions of the debtor, except such as are inherently personal to him.
c. To ask for the rescission of the contracts made by the debtor in fraud of his rights.
d. To file an action for damages against a third person who acquires the property in bad faith the property subject of the litigation.
e. To file a criminal complaint against the debtor.

98. This action may be exercised by the creditor in the place of his negligent debtor in order to preserve or recover for the patrimony of the debtor the product of
such actions, and then obtain therefrom the satisfaction of his own credit. It refers to the right of unpaid creditor to exercise the right of his debtor.
a. Accion reindivicatoria
b. Accion subrogatoria
c. Accion paullana
d. Accion publiciana

99. It refers to the creditor’s right to set side or revoke or rescind. The acts or contracts which the debtor may have done to defraud him.
a. Accion pauliana
b. Accion reindivicatoria
c. Accion publieiana
d. Accion subrogatoria

100. Which of the following statements concerning rights acquired by virtue of an obligation is correct?
a. As a general rule, they are not transmissible.
b. They are transmissible only if there is stipulation to that effect.
c. Subject to the provisions of laws, they are transmissible unless there is stipulation to the contrary.
d. They are always transmissible.
RFBT 2024-01 LAW ON OBLIGATIONS ATTY. JAYMEE A. OS-AG, CPA, MBA
2:30-4:00 TTH

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