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 rceable in court or
whic his not enfo
5. This isan obligation It refers to lawful, unilateral, voluntary acts giving
action against the
or has no right of rise
which the credit escribed?
on has already pr
to juridical relation to the end that no one shall be
us e th e ob li ga ti
debtor beca unjustly enriched at the expense of another?
a. Civil obligation a. Law
on
b. Natural obligati b. Contract
cto
c. Obligation ex deli c. Quasi-delict
d. Culpa Aquilana d. Quasi-contract

arily pays the

en the debtor volunt
What is the effect wh Statement 1: Obligation arising from contracts have the
scription?
creditor of his obligation after pre force of law between the contracting parties and should
because of prescription,
a. The payment is not valid be complied with in good faith as provided by Article
over
hence the debtor may rec 1159 of the New Civil Code
ause of prescription
b. The payment is not valid bec
over derived from law are
but the debtor may not rec Statement 2: Obligations
r prescription but the and those expressly determined in the Civil
The payment is valid even afte
presumed
c.
t code or special laws are demandable.
creditor may not retain paymen
scription and the
d. The payment is valid even after pre
a. True, True
creditor may retain payment
b. False, False
tor of c. True, False
What is the effect when the debtor pays the credi
d. False, True
his obligation by mistake after prescription?
a. The debtor may recover under the concept of
ed the
solution indebiti 10. Joseph and Abrahm jointly and voluntarily manag
property of George in Sampaloc
located
abandoned
b. The debtor may not recover because it is a case of
However, due
natural obligation Manila without the consent of the latter.
was destroyed.
The creditor may not retain payment because of to negligence of Joseph the property
c.
of Joseph and
prescription What is the nature of the obligation

The creditor may retain payment because it was Abrahm?

d.
paid by mistake a. Joint but only Joseph is liable
b. Solidary but only Joseph is liable
c. both are liable jointly
d. Both are solidarily liable

36 37
 14. These are acts or omissions that cause damage to
with
11. Cheeky, the pa yee
of a check for P10,000 cashes it another, there being fault or negligence but without any
bank. However,
Junjun the bank teller pre-existing contractual relation between the parties?
vVDO drawee
on of
P 11,000. What is the obligati a, Law
mistakenly gave him
b. Contract
Cheeky?
was given
ation to return because it c. Quasi-contract
a. There is no oblig
k d. Quasi-delict
mistakenly by the ban
ti, hence, there is an
b. There is solution indebi
the excess amount 15. Which
obligation to return half of
governs this statement, Husband supports his
urn because the Cheeky wife and wife supports her husband?
c. There is no obligation to ret
ich ed at the expense of a a. Law
will not be unjustly enr
b. Delict
bank
the full excess amount c. Quasi-delict
d. There is obligation to return
ti d. Contract
because of solution indebi

sed Penal Code, which of 16. Jett is driving the jeepney of Toby at a speed of 150Km
12. Under Article 100 of the Revi
per hour in Espana Boulevard without headlight at
the following is true?
e is e xempt from civil exactly 8:00 in the evening when he crashed into a
a. Every person criminally liabl
barrier and accidentally bumped and killed a pedestrian
liability
liable always named Pearl. Carlo, a passenger was also injured due to
b. Every person criminally liable is civilly
is also civilly the said accident. What is/ are the obligation of Jett?
As a rule, every person criminally liable
a. None because it was a plain accident
liable
b. Jett is liable to both Pearl and Carlo under delict
d. Act or omission punishable by law is acrime
c. Jett is liable to Carlo under contract while he is
liable to Pearl under delict
13: What is the source of the obligation when a person who
d. Jett is liable to Carlo under quasi-delict while he is
is constrained to pay the taxes of another is entitled to
liable to Pearl under delict
reimbursement from the latter?
a. Law
17. In the case above, what is/ are the civil liability of the
b. Contract
Toby, the employer?
c. Quasi-contract
a. None because it was a plain accident
d. Quasi-delict
b. Toby is liable to Pearl and Carlo under delict

39
38
 r contract while he js
c. Toby is lia ble to Carlo unde| under delict
fans 21. The diligence requir
ed to acommon carrier
if Jett js
subsidiarily ble to Pear!
lia A. Diligence of a 800d
is?
: father of the good family
insovient B. Diligence of a g00d
to Carlo and Pearl under father of the family
d. Toby is solidarily liable C. Ordinary diligence
ed beyond the scope of
quasi-delict because Jett act Dz. Extraordinary diligence of a
very cautious person
ver
his duty as the Jeepney dri
22. aigleniant 1: A vehicle owner is not liable
of
is/ are liable for breach
for accident
18. In the case above, who loveving a driver who is not perf
orming his work at the
contract of carriage? time of the accident.
a. Jett and Toby Statement 2: The owner of the vehic
le, who maintains it
b. Jett only for the general use of his family
is liable for its negligent
c. Toby only operation by one of his children, whom
he designates or
d. Carlo and Pear! permits to run it.

es are negligent but

19. This provides that where both parti True, True
in point of

p>
the negligent act of one is appreciable later True, False

time than that of the other, the one who had the last False,True

DO
but
clear opportunity to avoid the impending harm False,False
nce?
failed to do so, is chargeable with the conseque
A. Doctrine of a good father of the family 23. The elements necessary
or requisites to establish a
B. Doctrine of last clear glance quasi-delict case are the following, except:
C. Doctrine of last clear chance
D. Ex post facto law doctine A. Damages to the plaintiff;
B. Negligence, by act or omission, of the defendant or
20. Culpa Aquilana as oppose to culpa contractual? by some person for whose acts the defendant must
A. \|s based on contract not on law respond, was guilty; and
B. Is based on delict not on contract C. The connection of cause and effect between such
C. There is necessity to prove negligence to warrant negligence and the damages.
recovery D. There is pre-existing contractual relationship
D. There is no need to prove negligence in order to between the plaintiff and the defendant
recover any amount of damage.

40 41
 : ime does not necessaril
; ttal from a crim y
24. Stat ement 1: Acqui . 27. The defendant shall be liable for all damages which are
vil liability.
mean absolution from cl the natural and probable consequences of the
The de h of
at the accused pending appea| act or
Statement 2: crimina| omission complained of?
u extinguishes his
on does no t i
of his convicti e x delicto. A. In Crimes
his civil liability
liability as well as B. In Quasi-Delict
C. Both in crimes and quasi-delict
True, True D. Neither crime nor quasi-delict
DOP P
True, False
False, True 28. Statement 1: To
be held liable for damages, it is
False,False necessary that such damages have been foreseen or
could have reasonably been foreseen by the defendant.
25. The Teachers or heads of
establishments of arts and Statement 2: Contract is the force of law between
s
caused by their pupil
trades shall be liable for damages contracting parties, hence they can stipulate whatever
when?
and students or apprentices they want as long as they agree to such terms.
y.
A. They remain in their custod A. True, True
B. They are not in the custody B. True, False
C. Either in their custody or not C. False,True
D. None of the above D. False,False

26. Statement 1: The Responsibility for

fault or negligence 29. The following are examples of obligations arising from
rate and
under considered as quasi-delict is entirely sepa law, except:
gence
distinct from the civil liability arising from negli A. Obligation of a citizen to pay taxes under the
under the Penal Code. National Internal Revenue Code (NIRC)
Statement 2: The responsibility of two or more persons B. Obligation of husband and wife to support each
who are liable for quasi-delict is Joint. other as well as their children under the Family
A. True, True ; Code
B. True, False C. Obligation of the employer to pay services rendered
C. False,True by the employees under the Labor Code
D. False,False D. Obligation to deliver the goods sold to the buyer
while the latter has obligation to pay for the said
goods.

42 43
 30. Which governs this statement, husband supports his
and?
ner. wife, while the wife supports her husb 34. Asa rule, the Officious
Manager is not liable for any
A. Law or dam
loss
subs

age in case of fortuitous

event, except when:
B Delict A. Prefers the interest of
the owner
C. Quasi-Delict B. Return the Property or bus
iness after demand by
D. Contract the owner
CG. Undertaking risky operations whi
ch the owner was
the animal
31. Who is responsible for the damage which not accustomed to embark
upon
caused, although the latter may escape or be lost? He is manifestly fit to Carry on
the management,
A. The owner of the animal especially when the same was ass
umed to save the
B. The possessor of the animal Property from imminent danger

C. Whoever may make use of the animal

35. Solutio Indebiti as Oppose to Accion in
D. Both Band C Rem Verso:
A. Mistake is an not an essential element in solutio
indebiti but necessary in accion in rem verso
32. The following are requisites of negotiorum gestio,
Mistake is an essential element in solutio indebiti
except:
but not necessary in accion in rem verso
A. Officious manager voluntarily assumes the
Mistake is an essential element in solutio indebiti
management or agency of business
and accion in rem verso
Property must be neglected or abandoned
Mistake is not an essential element in solutio
There is authorization from the owner either
indebiti and accion in rem verso
express or implied.
Assumption of management must be done in good 36. The Liability of two or more officious manager is?
faith.
A. Always Joint Obligation
B. Solidary if the management was assumed to save
33, The requisites of Solutio indebiti are: the thing or business from imminent danger.
A. Payment is made when there is no binding relation Joint if the management was assumed to save the
between payor and person who received payment thing or business from imminent danger.
Payment is made through mistake and not through As a _ rule, solidary obligation unless the
liberality. management was assumed to save the business
Both A and B from imminent danger.
. None of the above

44 45
 manager |,
are cas es when officious
37. The following
event, except:
liable for fortuitous
damages which the latter may
have suffered in the
performance of his duties,
r
erations which the owne
A. If he undertakes risky op
to embark upon 40. The contract entered into by
was not accustomed the officious manager has
n interest to that of the the following effect?
B. If he has preferred his ow .
owner A. He is personally liable for contracts which entered
property or business afte,
C. If he fails to return the .
into with third persons, even though he acted in the
name of the owner
demand by the owner
gement in good fai th. There shall be no right of action between
if he assumed the mana
the owner
D. and third persons
Both A and B
the management : was assumed to save
38. Except when Neither A nor B
the
property or business from ! mminent danger,
e for fortuitous events in
officious manager shall be liabl 41. The management of a
business by the officious
the following cases: manager is extinguished when?
gement
A. if he is manifestly unfit to carry on the mana A. The owner repudiates it or puts an end thereto
prevented a more
B. If by his intervention he B. When the officious manager withdraws from the
nt.
competent person from taking up the manageme management !
Cc. Both A and B By the death, civil interdiction, insanity or
D. Neither A nor B insolvency of the owner or the officious manager.
All of the above
of the
39. The ratification of the management by the owner
following
business in negotiorum gestio produces the 42. The effect of payment after the obligation to pay has
effect, except? prescribed is?
A. Results to an express agency, even if the business A. The payment shall be reimbursed by the creditor to
may not have been successful. the debtor because it is solution indebiti
Results to an express agency, if the business has The payment shall be reimbursed because it is
been successful. ¥ already converted to a natural obligation
The owner shall be liable for obligations incurred in There shall be no reimbursement at all
his interest. There shall be no reimbursement because the civil
The owner shall reimburse the officious manager obligation was converted to a natural obligation,
for the necessary and useful expenses and for the unless it was paid by mistake

46 47
 68
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 be complied with at the 100 sacks of rice on June
c. To ask that the obligation 5, 2019. Alger performed
a
for damages
expense of the debtor or ask random check on the delivery and
found out that 20
complied with at the sacks of rice are not of the
d. To ask that the obligation be same quality as agreed.
ages What is/ are the remedy of Alger?
expense of the debtor plus dam
a. Ask for damages only because the contract is
liability to pay for defective
4. The following are the grounds for
» Ask for damages only beca
damages, except? use the contract is not
Dolo - vo.d defective
afo\s»

Culpa- oss ‘neve To annul the contract because there

is fraud that
Moral ~ #0" vitiates the consent
Contravention of tenor of the obligation To annul the contract because of fraud
and ask for
damages
Ms. Pearl agreed to deliver 1,000 pieces of law books to
the office of Mr. George after the latter misrepresented Statement 1: Waiver of an action based on future fraud
as the Dean of UP Law school and issued a bouncing is valid while waiver of an action based on past fraud is
check. What is the remedy of Ms. Pearl? void.
a. Claim for damages only because the contract is void Statement 2: The required standard of care for common
b. Annulment of contract only because the contract is carrier is the diligence of the good father of the family.
voidable
(c. \To annul the contract because it is voidable and ask True; True

aoo%»o.®
~~ for damages True: False
d. To declare nullity of the contract because the False; True
contract is void ab initio and ask for damages False; False

6. Acontract of sale between Albert, the seller, and Alger, The following are the instances when demand is not
the buyer, indicates that Albert will deliver 100 sacks of necessary to put the debtor in delay, except:
Japanese rice. on June 1, 2019. The buyer paid his a. Performance of reciprocal obligation
obligation on May 25, 2019 while the seller delivered b. Law or Stipulation so provides
90 91
 a. Time is of the essence
car will be delivered on June 20, 2019. Howev
b. Usefulness of Demand er, on
June 17, 2019 the house of Chris including the said
car
ous was burned due to fortuitous event. What is the liabili
9. As a rule, no person shall be liable in case of fortuit ty
of Chris?
event except in the following instances:
a. Chris is liable for damages even if the loss is due to
a. Lawso provides
fortuitous event because the object is a
b. Stipulations so provides
determinate thing
c. Nature of obligation requires assumption of risk
b. Chris is not liable for damages because the loss is
d. Allof the above
due to fortuitous event
c. Chris is not liable for damages because he is not in
10, To exempt the obligor from liability under Article 1174
delay in delivering a generic object
of the Civil Code, for a breach of an obligation due to d. Chris is liable for damages but the obligation to
fortuitous event, the following must me_ present deliver is extinguished
except?

iz. Chris sold his Red Toyota vios with plate number ILY 143
a. The cause of the breach of the obligation must be to Carla on June 14, 2019. They further agreed that the
independent of the will of the debtor; car will be delivered on June 20, 2019. However, on
b.) the event must be either forseeable or avoidable; June 21, 2019 the house of Chris including the said car
c. the event must be such as to render it impossible was burned due to fortuitous event. What is the liability
for the debtor to fulfill his obligation in a normal of Chris?
manner; and a. Chris is liable for damages even if the loss is due to
d. the debtor must be free from any participation fortuitous event because the object is a
in,
Or aggravation of the injury to the creditor,”
determinate thing
b. Chris is not liable for damages because the loss is
14; Chris sold his Red Toyota vios with
plate number ILY 143 due to fortuitous event and he incurs no delay
to Carla on June 14, 2019. They furth
er agreed that the c. Chris is liable for damages because he is in delay in
a delivering a determinate object even if the loss is
4 ‘
Nakpil v CA, L-47851, October
3, 1986 due to fortuitous event.

92 93
 Chris is not liable to deliver
the obligation tg because the objects are
d. Chris is not liable for damages and generic things and the loss
is due to fortuitous
deliver is extinguished event
¢. Chris is not liable because he is not in delay
13, Chris sold his Red Toyota vios with plate number ILY 143 delivering a generic object
in

to Carla on June 14, 2019. They further agreed that the d. Chris is liable but the
However, on obligation to deliver is
car will be delivered on June 20, 2019. extinguished
car
June 19, 2019 the house of Chris including the said
was burned due to fortuitous event. What is the liability 15. Chris sold his Blue Toyota Land Cruiser with plate
of Chris?
number IMY 333 to Carla on June 14, 2019. The next
a. Chris is liable for damages even if the loss is due to
day, Chris sold the same car to Carlo, the brother of
fortuitous event because the object is a
Carla. However, on June 16, 2019 the house of Chris
determinate thing
including the said car was burned due to fortuitous
b> Chris is not liable for damages because the loss is
event. What is the liability of Chris?
due to fortuitous event and he incurs no delay
a. Chris is not liable for damages because the loss is
c. Chris is liable for damages because-he is in delay in
due to fortuitous event and the object is a
delivering a determinate object even if the loss is
determinate thing
due to fortuitous event.
b. Chris is not liable for damages because the loss is
d. Chris is liable for damages and the obligation to
due to fortuitous event and he incurs no delay since
deliver is extinguished
there was no demand to deliver the thing
c./ Chris is liable for damages even if the loss is due to
14, Chris agreed to deliver 10 cases of liquor specifically 1L
fortuitous event because he promises to deliver the
Johnny Walker Double Black to Carla on June 14, 2019.
same thing to two persons with different interest
However, on June 17, 2019 the warehouse of Chris
d. Chris is not liable for damages even if the loss is due
including the said 10 cases of liquor was burned due to
to fortuitous event because he promises to deliver
fortuitous event. What is the liability of Chris?
the same thing to two persons with same interest
a.| Chris is still liable to deliver even if the loss is due to
fortuitous event because the objects are
indeterminate things
95
94
 16. Michelle, the cashier, was authorized by her boss ts
receive payment of P50,000 from Ryan and deposi
t such a. No, she is not liable because the robb
ery here is
considered
amount in his VDO account the on same day. However, as fortuitous event and she was not
negligent
Michelle failed to deposit and was constrained to bring
b. Yes, she is liable because
home the said payment. While sleeping, Robby robbery is never
considered as fortuitous
event
surreptitiously entered the house of Michelle and Stole
c. Yes, she is liable even if robbery
jewelries including the P50,000 cash. Is Michelle liable is considered as
fortuitous event because she was
negligent
for the loss of the P50,000 cash? d. No, she is not liable because she
was not negligent
a. No, she is not liable because the robbery here is even if robbery is not a fortuitous even
t
considered as fortuitous event
b. Yes, she is liable because robbery is never
18. Honeylette, an agent, was authorized by Baste to
considered as fortuitous event receive and keep his only Ford Mustang with plate
Yes, she is liable even if robbery is considered as number MAR 000. Honeylette parked the car inside her
fortuitous event because she was negligent and the house. Michelle forgot to lock the gate and the main
object is generic door of the house. While sleeping, Robby surreptitiously
d. No, she is not liable because she was not negligent entered the house of Michelle and got the key of the
but merely concerned in the safe keeping of the Ford Mustang on top of the dining table. Robby then
money. stole the said car. Is Michelle liable for the loss of the
Ford Mustang?
17. Michelle, an agent, was authorized by Barrack to a. No, she is not liable because the robbery here is
receive and keep his only Ford Mustang with plate considered as fortuitous event ,
number DUE 030. Michelle parked the car inside her b, Yes, she is liable because robbery here is not
house. While sleeping, Robby surreptitiously entered considered as fortuitous event because of
the house of Michelle and got the key of the Ford negligence
Mustang inside the drawer. Robby then stole the said Yes, she is liable even if robbery is considered as
car. Is Michelle liable for the loss of the Ford Mustang? fortuitous event because she was negligent
d. No, she is not liable because she was not negligent
even if robbery is not a fortuitous event
 the discretion of the
19. This is a kind of obligat. ion that does not grant a right of Court, unless it is exemplary
me damage.
action to enforce their performance and it is based op a. True, True
fs
equity: b, True,False
c. False, True
a. Civil obligation d. False, False

b.) Natural Obligation

a.
c. Joint Obligation This damage includes physical suffering, mental
d. Indivisible Obligation anguish, fright, serious anxiety, besmirched
reputation,
B e lg a ace wounddeda
woun feeli moral shock, social
i humiliiliati
ation, and

after prescription shall: a. Actual Damage

a. Result in the return of payment by the creditor b.’ Moral Damage
under the doctrine of solution indebiti c. Exemplary Damage
b. Result in the return of payment because of d. Nominal Damage
prescription which made the conversion of civil
obligation to that of natural obligation. 23. Statement 1: moral damages may be recovered if they
c.) Result in the retention of payment of a natural are the proximate result of the defendant's wrongful act
obligation for omission.
d. Result in the retention of payment of a civil Statement 2: In the adjudication of moral damages, the
obligation sentimental value of property, real or personal, may be
considered.

21. Statement 1: Proof of pecuniary loss is not necessary in a. True, True

order that moral, nominal, temperate, liquidated or b. True,False

exemplary damages, may be adjudicated. c. False, True

Statement 2: The assessment of such damages d. False, False
according to the circumstances of each case is left to

98 99
24. Moral damages may be recovered in the following and
b. This may be re
analogous cases, except: covered when the
court finds that
a. Acriminal offense resulting in physical injuries
some pecuniary
loss has been
s uffered but its
amount cannot,
b. Quasi-delicts causing physical injuries from the natur e
of the case, be
prov ided with certainty,
c. Libel, slander or any other form of defamation
c. Temperate
d. Breaches of contract where the defendant acted in damages must be r €asonable under
circumstances,
good faith.
d. Allof the above

25. Which of the following is true in regarding nomina|

27. Statement 1: Liquidated damage
damage? s are those agreed
upon by the parties to a contract
a. Nominal damages are adjudicated in order that a , to be paid in case of
breach thereof.
right of the plaintiff, which has been violated or
Statement 2: The liquidated
invaded by the defendant, may be vindicated or damages, whether
intended as an indemnity or a penalty,
recognized. shall not be
equitably reduced if they are iniquitous
b. Nominal damage is not for the purpose of or
unconscionable.
indemnifying the plaintiff for any loss suffered by
a. True, True
him.
b. True,False
c. The court may award nominal damages in every
c. False, True
obligation arising from any source enumerated in
d. False, False
Article 1157, or in every case where any property
right has been invaded. 28. Statement 1: Exemplary or corrective
damages are
d. All of the above
imposed, by way of example or correction for the public
good
26, Which of the following is true regarding Temperate or
Statement 2: Exemplary damages are in addition to the
moderate damages? moral, temperate, liquidated or compensatory
a. This is more than nominal but less than
damages.
compensatory damages,
(a.) True, True
b. True,False

100 101
 c. False, True
d. False, False

true?
29. Which of the following is
s may be granteg
a. in quasi-delict, exemplary damage
ce
if the defendant acted with simple negligen
In Delict, exemplary damages may be granted if the
igence
defendant acted with simple negl
s may be granteg
In quasi-delict, exemplary damage
ce
if the defendant acted with gross negligen
In delict, exemplary damages may be granted if the
defendant acted with gross negligence

30. Statement 1: The exemplary damages can be recovered

as a matter of right and the court will decide whether or
not they should be adjudicated.
Statement 2: Any stipulation whereby exemplary
damages are renounced in advance shall be null and
void.
True, True
»

True,False
ae\s

False, True
False, False

102
 CHAPTER EXERCISE:

NAME: DATE:

select the best answer:

1, Statement 1: Civil obligations give a right of action to

compel their performance.
Statement 2: Natural obligations, not being based on
positive law but on equity and natural law, do not grant
a right of action to enforce their performance but after
voluntary fulfillment by the obligor, they authorize the
retention of what has been delivered or rendered by
reason thereof. (1423 NCC)
A, True;True
B. True; False
C. False; True
D. False;Fasle

2. Mae U. Tang borrowed P100,000 cash from Maya Man

on January 1, 2008 evidenced by a promissory note due
on January 1, 2009. Maya Man demanded payment on
January 2, 2009 but Mae U. Tang was unable to pay at
that time. On June 15, 2019, Maya Man tried to collect
the amount from Mae U. Tang but the latter contends
that the obligation has already prescribed. Can Maya
Man enforce her right of action against Mae U. Tang to
collect?

A. Yes, because the obligation has not yet

prescribed

151
 Kati
Obligati . on /
imss
Pp reviou Civil
because the
yes,
co nverted to natura
l obligation
C. No, )NO, because the obligation has ajre,,,
scribed
ne0, because the previous natural Obligation, i
obligation
converted to civil

h from Maya Man

3. Mae g borrowed P100,000 cas
U. Tan
due
89. eviden ced by a promissory note
on January 1,‘ 200 a
200 May Man dema nd ed payment x Yes, because there
is No right of action
due to
on egies but Mae U. Tang was unable to pay Prescription
January 2, On June 15, 2019, Maya Man tried to collec Yes, because there was
No valid payment and
it
that cnet from Mae U. Tang then the later was due to solution ind
ebiti
e No, because the civil cod
tion knowing that it Sin e grants the absolute
ital pays the obliga right to the creditor to
retain payment of the
g demand the return
already prescribed. Can Mae U. Tan third person to settle the
obligation of a debtor
of aire because there is no right of action due to in a natural obligation
No, because when without
the knowledge of
prescription the debtor, a third Person pay
id payment and it s a debt which
B. Yes, because there was no val the obligor is not legally bound to
pay because
was due to solution indebiti the action thereon has Prescr
ibed, but the
the, cre
C. )No ausore totheretcivi
becdit l code grants the right to debtor later voluntarily reimburse
ain payment of the s the third
debtor in
person, the obligor cannot recover what
he has
case of settlement of a natural obligation paid.
obligation has not yet
D. No, because the
prescribed hence, it was a perfectly valid 5. Statement 1: Personal obligation involves an obligation
payment to do or not t do while a real obligation involves and
obligation to give.
4. Mae U. Tang borrowed P200,000 cash from Maya Man Statement 2: Every obligation whose performance does
on January 1, 2008 evidenced by a promissory note due not depend upon a future or uncertain event, or upona
on January 1, 2009. Maya Man demanded payment on past event unknown to the parties, is demandable at
January 2, 2009 but Mae U. Tang was unable to pay at once.
that time. On June 15, 2019, Maya Man tried to collect \AV True;True

152 153
 B, True; False, Statement i 1: Impossibi le
Conditions
c. False; True good customs or
Public polic
those

p. False;Fasle law shall annul th ray, and those prohibite

neidl by

them.
® obligation which g epends
upon
obligation which containg
6. Stateme nt 1: Every Statement 2: If
e, Withoy the Obligation is div
shall also be demandabl isi ble, that part
resolutory condition of the event
thereof which is
not affected by the
of the happen impossible or
prejudice to the effects to -
unlawful condition shal
l be valid
debtor binds himself
Statement 2: When the

ows
so, the Obligation,
when his means permit him to do fixe by
True;True
to be one with a period, to be

GOP >
shall be deemed True; False
the court order. False; True
False;False
True;True
VDE,

True; False Statement 1: The condition not to do an impo

ssible
False; True thing shall be considered as not
having been agreed
9UO

False;Fasle upon.
Statement 2: The condition shall be deemed fulfi
lled
Statement 1: When the fulfillment of the condition when the obligor voluntarily prevents its fulfi
llment.
depends upon the sole will of the debtor, the
conditional obligation shall be void. ) True;True

GOOF PY
Statement 2: If the fulfillment of the condition depends True; False
upon chance or upon the will of a third person, the False; True
obligation shall take effect in conformity with the False;False
provisions of the civil code.
10. Statement 1: The power to rescind obligations is implied
“AY True;True in reciprocal ones, in case
B. True; False one of the obligors should not comply with what is
C. False; True incumbent upon him.
D. False;False Statement 2: The debtor may not recover what during
the same time he has paid by mistake in case of a
suspensive condition.
A. True;True

154 155
 g. True; False of the obligation
and its fulfillment,
c. False; True indemnity for dama without
ges in either case;
p. False;False G. If it deteriorates thro .
ugh the fault of the deb
the cre tor,
ditor May choose betw
een the cedecion
bee imposed with the of the obligation
suspending have
intentionthe of conditions
11, : When the efficacy of an obligation ty and its fulfillment, with
indemnity for damages
in either case;
give, the following rules shall be observed in case of the D.. BothAandc
loss of the thing during the pendency arte condition?
t 13. When the conditions have been imposed with the
A. If the thing |S lost without the fault of the intention of suspending the efficacy of an obligation to
debtor, the ine eaten give, the following rules shall be observed in case of the
B. If the thing is lost theca the fault of the improvement of the thing during the pendency of the
debtor, he shall be obliged to pay damages; it j, condition?
understood that the thing is lost when it
perishes, or goes out of commerce, o, | A. If the thing is improved by its nature, or by
disappears in such a way that its existence js time, the improvement shall inure to the
unknown or it cannot be recovered; ; benefit of the creditor;
C. BothAandB B. If it is improved at the expense of the debtor,
D. Neither A Nor B he shall have no other right than that granted
to the usufructuary.
12. When the conditions have been imposed with the C. BothAandB
intention of suspending the efficacy of an obligationto | D. Neither A nor B
give, the following rules shall be observed in case of the
deterioration of the thing during the pendency of the 14. In a reciprocal obligation, if one of the obligors should
condition? not comply with what is incumbent upon him, what is/
are the remedy of the injured party?
A. When the thing deteriorates without the fault A. He may choose the fulfillment of the obligation
of the debtor, the impairment is to be borne by with payment of damages
the creditor; B. He may seek rescission of the obligation, with
B. If it deteriorates through the fault of the debtor, the payment of damages
the creditor may choose between the rescission

156 157
 after he he
c. He may also seek rescission, even
; sheet fulfillment, if the latter should becom 47. ape ‘ A potestative Suspensive condition and
the happening of which is dependent upon the
will of
impossible. the Debtor is void,
p. All of the above
Statem 2: A potestative resolutory condition and the
happenent
ing of which is de pendent
parties have committed a breach of the upon the wi
e both Debtor is valid :
15. In cas is/ are the effects?(Art.1199 ee
oblig ation , what
True;True
first infractor shall b,

FP
A. The liability of the

ee
True; False
the courts.
equitably tempered by False; True

NO
ee
ch of the Parties
if it cannot be determined whi False;False
the same shall be

9
first violated the contract,
deemed extinguished, and each shall bear his 18. What is the effect of an impossible condition attached
own damages. to an obligation arising from contract?
C. If it cannot be determined which of the parties A.» It renders the obligation void
l not be
first violated the contract, the same shal B. If the obligation is divisible, the part affected by
deemed extinguished, but each shall bear his an impossible condition shall be valid. (should
own damages. be NOT affected)
D.) Both A and B C. It is considered as not agreed, hence, the
obligation shall be regarded as pure obligation
16. Statement 1: The happening of a resolutory condition D. BothAandB
will give rise to an obligation while the happening of a
suspensive condition will extinguish an obligation. 19. What is the effect of a condition not to do an impossible
Statement 2: A condition is potestative when the thing?
fulfillment depends upon the will of one of the parties A. It renders the obligation void
B. If the obligation is divisible, the part not
True;True affected by an impossible condition shall be
@ >

True; False valid.

DO)

False; True C. It is considered as not agreed, hence, the

False;False obligation shall be regarded as pure obligation
D. Both AandB

158 159
 og take
4: Obligations with a resolutory peri 22. Statement 1: An obligation is conditional
20. Statement j
Up!
on arrival of th @ day if the debtor
but terminate shall fulfill his obligation when his mean
effect at once, ermits him to
do so. sP
certain. to be that
2: A day ,certain is understood Statement 2: An obligation js
Statement One with a period if the
: come, although it may not be
necessarily debtor shall fulfill his obligat)
gation wh :
which must en his means
permits him to doso,
known when.
A. True;True
B. True; False
‘a. True;True
C. False; True
B. True; False
c. False; True D. False;False

p. False;False
* 23. Mr. Pangako promises his son to give a brand new Ford
21. The debtor shall lose every
right to make use of the Raptor if the latter will pass the CPA boar
d examination.
except? What kind of obligation is present in the case?
period i nthe following
been contracted, A. Potestative Obligation
A. When after the obligation has
he gives 4 B. Obligation with a period
he becomes insolvent, unless
guaranty or security for the debt; Or When he Cv Suspensive Conditional obligation
D. Resolutory Conditional obligation
does not furnish to the creditor the guaranties
ised;
or securities which he has prom
When by his own acts he has impaired said 24. Mama Shark told her daughter that she will give the
guaranties or — securities after their latter P300 every day until the day of her graduation in
establishment, and when through a fortuitous college. What kind of obligation is present in the case?
event they disappear, unless he immediately
gives new ones equally satisfactory; Pure Obligation

WAP Pp
C. When the debtor violates any undertaking, in Obligation with a resolutory period
consideration of which the creditor agreed to Suspensive Conditional obligation
the period; Resolutory Conditional obligation
\D. When the debtor does not attempt to abscond.
25. | promise to give a puppy poodle if your only dog will
die. What kind of obligation is present?

A. Obligation with a resolutory period

160 161
 B, Oblig ation with a suspensive period The Seale
ditional obligation May claim for da
mages because
Cc. Suspensive Con the obligation was
ndi tional obligation extin guished due to debt
p. Resolutory Co fault or's
B. The areditor May
1: The right of choice belongs to the debto, claim any of the sub
t sisting or
26. Statemen; n expres sly granted to the creditor. , remaining withou
t damage
unless it has bee ; The creditor May cla
im the price of that
Il have no right
8 to Choose which
Statement 2: The debtor sha has disappeared,
with a ri ght to damages;
those prestations which are imipesslbte, unlawful or D. Both Bandc
which could not have been the object of the Obligation,
A) True;True 29. In alternative obligation whe
re the right of choice has
B. True; False been expressly given to the
Creditor, If all were lost by
C. False; True reason of debtor’s fault, wha

te eae
t is/ are the remedy?
D . False;False
A. | Creditor may choose the
price of any one of the
Prestations lost plus indemnity
for damages
27. Statement 1: The debtor shall lose the right of choice B. Creditor may recover the value
of the last thing
when among the prestations whereby he is alternatively which disappeared with indemn
ity for damages
bound, only one is practicable. C. The creditor may claim for damage
s because
Statement 2: If through the creditor's acts the debtor the obligation was extinguished due to
debtor’s
cannot make a choice according to the terms of the fault
obligation, the latter may rescind the contract with D. BothAand
damages.
A. True;True 30. In alternative obligation where the right of choice
has
B. True; False been expressly given to the debtor, If all were lost by
C. False; True reason of debtor's fault, what is/ are the remedy?
D. False;False
A. Creditor may choose the price of any one of the
28. In alternative obligation where the right of
choice has prestations lost plus indemnity for damages
been expressly given to the creditor, If one
or some but B. Creditor may recover the value of the last thing
not all were lost by reason of debtor's fault,
what is/ are which disappeared with indemnity for damages
the remedy?

162 163
 claim for damages becay
The creditor may

EE
c. debtor
obl iga tion was extinguished due to Statement 2: Theriseindivisibility of an obligation does not
the S necessarily give to solidari
i : idarity. Nor d idari
fault itself imply indivisibility, =o
p. BothAand B
has been True;True
only one prestation
1: Wh en

BY
31. Statement True; False
agreed upon, but the obligor may render anothe, j, False; True
ultative.
tion is called fac

9O
substitution, the obliga of the thing False;False
2: The loss or deterioration
Statement negligence ofth
ed as a sub sti tut e, through the
intend
liable.
obligor, does no t render him 34. Statement 1: The concurrence of two or more creditors
( A) True;True or of two or more debtors in one and the same
'B. True; False obligation does not imply that each one of the former
c. False; True has a right to demand, or that each one of the latter is
D. False;False bound to render, entire compliance with the prestation.

the
stitution has been made,
32. Statement 1: Once the sub Stataement 2: If from the law, or the nature or the
substitute on account
obligor is liable for the loss of the wording of the obligations to which the above
fraud.
of his delay, negligence or statement refers the contrary does not appear, the
ion has been made, the credit or debt shall be presumed to be divided into as
Statement 2: Once the substitut
stitute due to
obligor is not liable for the loss of the sub many shares as there are creditors or debtors
uishment of
fortuitous event and will result to exting
True;True
obligation.

99ND>
True; False
7 False; True
True;True
@ >)

False;False
True; False
False; True
his rights
35. Statement 1: A solidary creditor cannot assign
99

False;False
without the consent of the others
debtor may
Statement 2: In as solidary obligation, the
BS Statement 1: There is a solidary liability only when the creditors; but if any
pay any one of the solidary
obligation expressly so states, or when the law or the
nature of the obligation requires solidarity.

165
164
 ie
udicial, has been made

cee
ee
; ne B. True; False
be made to him.
C. False; True
D. False;False

True; False
c. False; True 38.
Statement 1: Payment made by one of the solidary
D. False;False debtors extinguishes the obligation. if two or more
solidary debtors offer to pay, the creditor
nfusion > may choose
No va ti on , co mpensation, co which offer to accept,
nt t 1; 1: he debt, made by any of the Solidary
36. Stateme
t
remission of dary debtors, dig Statement 2: He who made the payment may claim
wi th any id of the soli from his co-debtors only the share which corresponds
crediti ors OF prejudice tothe
without
obligation, to each, with the interest for the
extinguish the payment already made
ticle 1219. unless not yet due.
provisions of Ar
A. True;True
By the creditor of
Statement 2: The remission made B. True; False
debtors does
sha re whi ch aff ect s one of the soidaty C. False; True
the ards
om his responsibility tow
not release the latter fr D. False;False
d been totally paid
the co-debtors, in case the debt ha ed.
the remission was effect 39. Statement 1: When one of the solidary debtors cannot,
by anyone of them before
because of his insolvency, reimburse his share to the
) True;True debtor paying the obligation, such share shall be borne
BP)

True; False by all his co-debtors, in proportion to the debt of each.

False; True Statement 2: Payment by a solidary debtor shall not
9M

False;False entitle him to reimbursement from his co-debtors if

such payment is made after the obligation has
37. Statement 1: The remission of the whole obligation, prescribed or become illegal.
obtained by one of the solidary debtors, does not ( A) True;True
_ entitle him to reimbursement from his co-debtors. B. True; False
Statement 2: If the thing has been lost or if the C. False; True
SUNT

prestation has become impossible without the fault of D. False;False

the solidary debtors, the obligation shall be
extinguished.
(A) True;True

166 167
 obligations to give definite things
4o. Statement 1! re not susceptible of partial Performa mi
those which a Nee
be indivisible.
shall be deemed to from Juan?
P 100,000
Statement 2: When the obligationof has
daysfor ofits Object
work the

DO P>
certain number
P 75,000
execution of a P 50,000
al units, or ANAlogoys iN c
accomplishment of work by metric P 25,000
susceptible of Paria “ve
things which by their relat are
be divisible.
performance, it shall 44. Juan and Pedro are‘liable
A. True;True to Carl Os and Agassi for P
100,000. How much can Carlos coll
B. True; False ect from Pedro?
C. False; True
A. P 100,000
D. False;False
B. P75,000 °°
for p 100,000
C. P50,000
41. Juan and Pedro are jointly liable to Carlos D. P 25,000
How much can carlos collect from Juan?
45. Juan and Pedro are liable
to solidary creditors, Carlos
A. P 100,000 and Agassi, for P 100,000. How
much can Carlos collect
B. P75,000 from Pedro? ‘
C. P.50,000
D. P25,000
P 100,000

p>
P 75,000
42. Juan and Pedro are jointly and severally liable to Carlos P 50,000

op
for P 100,000. How much can Carlos collect from Juan? P 25,000

P 100,000
46. Juan and Pedro, solidary debtors, are liable to solidary
m(>

P 75,000
creditors, Carlos and Agassi, for P 100,000. How much
P 50,000
can Juan pay to Carlos? tap
90

P 25,000
(A.) P 100,000 we 000
B. P 75,000 '
Cc. P 50,000 ian
D. P 25,000 Ad<

- 168 169
 idary debtors, are liable ,
an saeene
and Pedro,s and . for P 100,000. Join
How*Omuck
51. Statement 1: In Obligations S with
wi
47. Ju ' Agassi, penalty shall substitute a penal clause, the
Carlo
creditors, the indemnity for damages
si? and
pay to Agas
can Juan
0 an eenees Of interests in case of
contrary noncompliance,
pliance, iif
A. P 400,00 there is no stipulation to the

B. P 75,000 Ok
Statement 2: Damages
shall be paid
if the obligor
oye 50,000 -
refuses to pay the penalty or is guitfy
of fraud in the
Dp; -? 25,000 fulfillment of the obligation,

s of Antonig ang
and Nancy are joint debtor
48. meet n, forAbi P30,000. True;True
How much can Peter collect from

999°)
True; False
Abi? False; True
A. P30,000 4 L False;False
p, P10000 s mK “ |
c. P6,000 7: 52. Statement 1: Proof of actual damages suffered by the
D) P5,000 . creditor is not necessary in order that the penalty may
be demanded.

49. Junjun, Abi and Nancy are solidary debtors of Antoni Statement 2: The judge shall equitably reduce the
much can Antonio collec
and Peter for P30,000. How An) penalty when the principal obligation has been partly or
from Abi? irregularly complied with by the debtor.
A. P30,000
B) P 15,000 True;True

@ >
c. P 10,000 True; False

oO
DQ
D. P5,000 False; True
{so
False;False

50. Junjun, Abi and Nancy are jointly liable to Antonio and
Peter, solidary debtors, for P30,000. How much can 53. Statement 1: The nullity of the penal clause does not
Antonio collect from Abi? carry with it that of the principal obligation.
A. P 30,000 J A ' Statement 2: The nullity of the principal obligation

B. P 15,000 mM ok carries with it that of the penal clause. (Art. 1230 CCC)
C. P 10,000 (A. True;True
D. P5,000 B. True; False

170 171
 c. False; True b. It is as if Not i
imposed, h
p. False;False conditional Obligation
ck,

valid
7 e
i
one
c. It is_ consider ed
h
: remedy in case of breacc
as not agreed
is the ; h
hich of the following 4 obligation shall ere
garded as purei
obliga
e
aeof Positive pers onal obligation: It makes the obligat;
i tion.
e oe
. Igation voi
th valid until annulled Mable which ts: sil
the debtor to perform
a. The creditor may compel
l.
against his wil 57. Statement
act required to perform tg 1: Potestative resolutory condition
r person and
y ask anothe dependent upon the will of
b.) Creditor ma debtor blu the Debtor is Void
of the
obligation at the expense Statement 2: Potestative suspensive condition and
damages. dependent upon the will of the Cred
itor is valid
c. BothA and B
ove
d. None of the ab a. True; True
b. True; False
not subject to sy
pure obligation is c. False; True
55. Statement 1: A able,
is immediately demand
term or condition and d. False; False
pensive condition and
Statement 2: A Potestative sus
Debtor valid ang
dependent upon the will of the 58. The following are the instances when the Debtor loses
le
immediately demandab benefit of a period, except:

True; True A. Destruction or loss of guaranty or security

o

True; False through fortuitous event

Qa2o(7

False; True B. ' Insolvency of the debtor and he gave guaranty

False; False or security
C. Non-furnish of promised guaranty or security

56. What is the effect of a condition not to do an impossible D. Debtor's attempt to abscond
thing?

a. It renders the obligation void and unless, it is

divisible, the part not affected by unlawful or
impossible condition shall be valid.

172 173
 tion, there
in a facultative obliga
ment 1:
59. state and the Obligation :
resta tions which are due
various P
n ce of one of them.
fulfilled by performa of 62. What is the effect if the
e obligation, the right substitute was
e m e n t 2: | nana Iternativ substitution by the debtor? lost after
stat ditor unless xpress,
ce aS a rule be longs to the Cre a. The debtor is liable for
ch oi the | Oss of the substi
btor.
gra nted to the De under facultative Obligation
i
mie debtor is not
liable for of the loss
substitute
aoc w
True; True In case of fortuitous
event only
True; False The debtor is not liab
le for the loss even
if it
False; True was due to his fault
False; False The debtor is liable for dam
ages if the loss is
due to his fault but the
obligation is
gation where only one prestation js due
60. This is an obli extinguished if due to fort
uitous event
the power to choose a substitute?
but the debtor has
63. Under alternative obligation, what is the effect
n if all the
Alternative obligatio prestations are lost due to fortuitous event?
n
a oo»

Conditional obligatio a. The obligation is extinguished if the

right of
Facultative obligation choice belongs to the debtor only
Pure obligation The obligation is extinguished if the right of
choice belongs to the creditor only
substitute was lost before
61. What is the effect if the The obligation is extinguished whether the right
substitution by the debtor? of choice belongs to the debtor or creditor
a. The debtor is liable for the loss of the substitute The obligation is extinguished if the right of
under facultative obligation choice belongs to the creditor but not if it
The debtor is not liable for of the loss substitute belongs to the debtor
in case of fortuitous event only
The debtor is not liable for the loss even if it
was due to his fault
The debtor is liable for damages if the loss is
due to his fault but the obligation is
extinguished if due to fortuitous event

174 175
 fort "
tatiionon mains after a fortuitous event » What
re
. If one pres ga ti on ? Marc Dave is obliged to deliver bj
ternative obli 66.
“ is the effect under 9 ; to b be alternative on pitbull or Rottweiler or a German
re ame rican bully or
a. The obligation remains bstitu, 20, 2019. However, the ie d to Jim Henri
de bt or has the right to su on June
and the
was destroyed due to strong typhoon . of Mare Dave
another
on is conver
ted to a dine The destruction led to the death of his . June: 18, 2019.
b. The obligati the right : een If the
but the debtor has right of choice belongs to Jim Henri
ob li ga ti on What is or are the
effect/s? »
her
substitute anot
d to a simple The creditor may claim any
on is converte a.
c. The obligati right 5
of the subsisti
debtor has no prestations plus damages
obligation and the
The anion may claim any
substitution of the subsisting
ted to simple Obligation prestation without indemnity for
d. The obligation is conver damages
s to the creditor byt The creditor may claim the price of that whi
if the right of choice belong choice
ch
ive if the right of
it remains to be alternat
disappeared without indemnity for damages
or. d. Both Aand Care the effects
belongs to the debt

an american bully or 67. Joshua is obliged to deliver his only horse or Cow or —
65. Marc Dave is obliged to deliver
to Jim Henri Goat or Sheep to Aika on June 20, 2019. On June 17,
pitbull or Rottweiler or a German shepherd
Dave 2019, Joshua forgot to unplug his cellphone charger
on June 20, 2019. However, the house of Marc
causing a raging fire that resulted in the total
was destroyed due to strong typhoon on June 18, 2019,
destruction of his rest house and death of all his animals
The destruction led to the death of his pitbull. If the
at the backyard. If the right of choice belongs to Aika,
right of choice belongs to Marc Dave, what is or are the
what is or are the effect/s?
effect/s?
of the subsisting a. The creditor may recover the value of the last
a. The creditor may claim any
thing which disappeared with indemnity for
prestations plus damages
damages
b. The creditor may claim any of the subsisting of
b. The creditor may choose the price of any one
z prestation without damages
the prestations lost plus indemnity for damages
c. | The debtor may still choose from the remaining one of
without paying indemnity _ for c. The creditor may choose the price of any
prestation
for damages
the prestations without indemnity
damage
d. Both AandB
d. The debtor may still choose from the remaining
prestation plus damages

177
176
 —— ae
deliver his only horse or Cow
.
20, 2019. On June
ep to Aika on June
‘stu forgot to unplug his cellphone charge,
19, fire that resulted in the , . 2019, Aika forgot to unpl ne 20, 2019. On June 17
plug his cell phone charger
causing 4 ome house and
death
eath ofof all
all hishis an;
animaj :
she
causing
Eevirepalias aan
a i :
fire that resulted
f his rest s to lo in the t
destruction o
e ri gh "
t of choice belong ade ailof his rest house of Joshua and death
rd. if th sa e i
a t the backya nimals except the Cow
are the effe
ct /s? of choice b elongs to and Sheep . th e an
right
what is or cover the value of Aiki a, wha t is or are the eff
a. The creditor may re the last
for
ect/s?
thing which disappeared with indemnity a. i itor
Credi May choose from
the remaini
damages without indemnity
the price of any one of for damages
The creditor may choose ;
b. Credi Nor May choose from ee
for damages the remaining
the prestations lost plus indemnity indemnity for damages plus
of any one of
c. The creditor may choose the price :c. Creditor may
resci
,
scin d the contract plus damages
indemnity for damages
the prestations without Both A or Care the eff
ects
d. BothAandB

horse or Cow o,
Jo sh ua is ob lige d to deliver his only
69.
20, 2019. On June 17
Goat or Sheep to Aika on June
lphone charger
2019, Aika forgot to unplug his cel total
that resulted in the
causing a raging fire
death of the
destruction of his rest house of Joshua and
right of choice
latter's animals except the Cow. If the
effect/s?
belongs to Joshua, what is or are the

a. Debtor may choose from the remaining without

indemnity for damages
b. Debtor may choose from the remaining plus
indemnity for damages
c. Debtor may rescind the contract plus damages
Both A or Care the effects

178 179
 CHAPTER EXERCI
SE:
NE Sa.

Select the best answer;

following except:
Poe ae oe aed
A. he
By payment or Performance:
B. By the loss of the 8eneric
thing due:
C. By the condonation
or remission of the
D. By the confusion or mer; debt;
8er of the rights
of Creditor and

2, Under Art. 1231, Obligations are extinguished

following except: in the
A. By compensation;
B. By novation.
C. By Fulfillment of resolu
tory condition
D. By fulfillment of Suspen
sive condition

Statement 1: Payment means not only the deli

very of
money but also the perfor
mance, in any other manner,
an obligation. of
Statement 2: When the Obligee
accepts the performance,
knowing its incompleteness or irregularity, and without
expressing any protest or objection, the obligation is
deemed fully complied with.
A. True; True
B. True; False
C. False; True
D. False; False

239
 A. If after the payment, the third
yment creditor's rights; Person acquires the
cr edi tor is not bound to accept pa
Th e
Statement 1: interest inthe
rson who aa
4.
by a thi rd pe
or performance pulation to
gation , unless there is a sti
fulfillment of the obli
m
the contrary. may demand fro the payment.
2: Wh oe ve r pays for another
Statement if he paid without D. All of the above
wh at he has paid, except that
the de bt or
the debtor, he can
kn ow le dg e oF against the will of
the n beneficial to Statement 1: Payment made to the creditor by th
the payment has bee
recover only insofar as
after the latter has been judicially ordered ‘ —ethe
‘ retain
=
the debtor. debt shall be valid. (NOT VALID - 1243
A. True; True
Statement 2: The debtor of one, a thing cannotthe compel
although ae th
the
B. True; False creditor to receive a different
c. False; True be of the same value as, or more valuable than that eins's
D. False; False due.
A. True; True
behalf of the debtor without
Statement 1: Whoever pays on B. True; False
of the latter, cannot
the knowledge or against the will c. False; True
in his rights, such as
compel the creditor to subrogate him

:.
D. False; False
guaranty, or penalty.
those arising from a mortgage,
third person who does not
Statement 2: Payment made by a The following are requisites for a valid payment or
debtor is deemed to be a
intend to be reimbursed by the performance, except:
donation, which does not requ
ire the debtor's consent.
A. Payment must be complete and regular; and must be
A. True; True tendered by the proper person
B. True; False
B. Payment should be made to proper person and must be
C. False; True
tendered in proper place
D. False; False
C. Person paying must have the capacity to make payment

be valid insofar while the Person to whom payment is made must have
Payment made to a third person shall also
or. Such the capacity to receive it
as it has redounded to the benefit of the credit
following The identity of the prestation must not be preserved.
benefit to the creditor need not be proved in the
cases:

241
240
 9, Statement 1: : D ation itor in i payment,
; whereby
: on of
Property
/ is obligation shall be the basis
alienated to the creditor in oun a debt in Money agreement to thecontrary of Payment, unless there is
of sales. ‘ . an
shall be governed by _— debts in money sh Statement 2: Payment Shall
Statement 2: The payment of debts ¥ shall be Made designated in the Obligation Pe made in the place
rrency stipulated, and if it is not possible to deliver
in the cu si. ¢
such currency, then in the currency which is legal tender if A. True; True
the Philippines. (Art. 1249 NCC) 5. True Fal
A. True; True c. False; True
B. True; False Dp. False; False
C. False; True
D. False; False 12. The following are requisites Of Dacion en
i A. There must be performance of th Pago, nent:
10. On June 1, 2019, Mr. Yu Tang issued a check dated June 30, payment which may consis ePrestation in lieu of
right or a credit against third eS of thing, real
2019 to Mrs. Len Der for the loan of P 100,000. On July 1,
B. There must be difference es
2019, Mrs. Len Der has not yet deposited the check no,
went to bank for encashment. Is the obligation extinguished and that which is given in stetene. Prestation due

by payment? C. There must be an agreem

A. Yes because the check is dated and ready fo, debtor that sea _ rincdee oe and

an, reason of performance of Prestation deren

due. rom fs
rom that
B. Yes because a check is a legal tender even prior to
encashment D. There must be an agreement between the creditor and
C. No because the delivery of promissory notes payable to debtor that obligation is imme diately extinguished by

order, or bills of exchange or other mercantile reason of performance of prestation the same from that
documents shall produce the effect of payment only due.
when they have been cashed, or when through the fault
of the creditor they have been impaired. 13. In dacion en pago as opposed to cession:
D. No because there was no express stipulation that check A. It is the alienation of property to the creditor in
payment shall be considered as legal tender satisfaction of a debt in money
B. It only requires transfer of possession and
11. Statement 1: In case an extraordinary inflation or deflation administration to the creditors
of the currency stipulated should supervene, the value of C. The assignment of property does not extinguish the
the currency at the time of the establishment of the debt

242 243
 y of creditors
D. It requires pluralit A. Payment shall be applied
on b Y Operation of Law
preference to the most
cion en pago: giving
ion as opposed to da B. If debts are of 7 us debt
14. In cess!
ng or property nature
Same dye of burden » Payment shall be
A. It involves Specific thi applied to O allal debts proport;
Does NOT require
debtor to be insolv
ent
Cc. BothAandB Portionately
B. in the
sh the obligation and result
C. May TOTALLY extingui D. Neither AnorB
release of the debtor
ty of the debtor
It involves TOTALITY of proper 18. Statement 1: Guaranteeg debts are
less Onerous than
not guaranteed those
of payment
15. The following a re requisites for application Statement 2: Mortgage debt i s
unsecured advances More onerous than
except:
debts or several obligations
A. There must be two or more A. True; True
d
and must be of the same kin B. True; False
tor to the same
The debts are owed by the same deb c. False; True

creditor D. False; False

All debts are always due

made is not sufficient to cover alj 19.
The payment Statement 1: Where there are various debts. th
obligations “ esbe
ones are more burdensome, and payment should
applied to them before more recent ones
t if the debtor
16. in application of payment, what is the effec Statement 2: Where one debt bears interest and the oth
refuses to designate? does not, if the latter should be the older obli gation,
oo thea
latter is consideredas more onerous.
A. The right is extinguished
A. True; True
B. The right is governed by law unless the creditor
B. True; False
determines the application and accepted by the debtor,
C. False; True
Creditor may designate by indicating the debt being
D. False; False
paid in his receipt. If the debtor accepts the receipt
without
from the creditor, the debtor cannot complain
20. Statement 1: When a person has two debts, one as the sole
just cause of invalidating the contract.
debtor and another as solidary co-debtors, his more
D. All of the above
onerous obligation to which first payments are to be
r the applied is the debt as sole debtor.
17. In application of payment, what is the effect If neithe
debtor nor creditor designates?

245
244
 payment of
the debt produces interest, A. The ute thus Collecteg shall b
Statement 2: If made until the
principal shall no
t be deemed to have been credit of the Partnership exily © applied in full to the
n covered. B. The =
sum thu S collecteg
interests have bee shall be ‘
credits in proportion to thei applied to the two
A. True; True
B. True; False
Cc. False; True
the authorized partner
D. False; False
D. All of the above
collects a demandable
21. If a partner authorized to manage
him in his own name, from a 23. The following are
sum, which was owed to
requisites of payment
A. by cession, except:
hip another sum also There must be two or
person who owed the partners B.
more Creditor: s
ect? The Debtor abandons
demandable, what is the eff all his Properties
lied to the credit of which are exempt from
A. The sum thus collected shall be app execution Samlee
is made by the C. The creditors accept the aba
the partnership because the collection ndonment
D. The debtor is not insolvent
agent, even though he may have given receipt for his
own credit only.
applied to the two 24. Statement 1: If the creditor to whom tender of paymen
B. The sum thus collected shall be t h
even though he been made refuses without just cause to accept it
credits in proportion to their amounts, ee
only. debtor shall be released from responsibility typ a
may have given receipt for his own credit
consignation of the thing or sum due.
C. The sum thus collected shall be applied to the credit of
Statement 2: Consignation shall be made by depositing the
the authorized partner because the collection is made
things due at the disposal of judicial authority, before whom
by the agent, especially if he has given receipt for his
the tender of payment shall be proved, in a proper case,
own credit only.
and the announcement of the consignation in other cases.
D. All of the above
A. True; True
a demandable B. True; False
22. if a partner authorized to manage collects
the C. False; True
sum, which was owed to him, from a person who owed
also demandable, what is the D. False; False
partnership another sum
effect if the collection is given for the account of
25. Statement 1: The expenses of consignation, when properly
partnership credit?
made, shall be charged against the creditor.

247
246
 Statement 2: Once the
consignation has been duly Made 28. Anna is indebted to Mig forat
0
ask the ju
dge to order the cancellation = date, Anna asked for a receipe 41° 100000. On the due
the debtor may
the obligation. refused to give without any ace Mia but the latter
remedy of Anna if any? SON. What is / are the
A. True; True
A. Rescind the contract of
B. True; False loan
B. Tender of Payment only
Cc. False; True
D. False; False Cc. Tender of payment is a Must
ae
D. Consignation alone jssittiden lus S consignati n
Consignatio
nt
After the creditor has accepted the
26. Statement 1:
or after a judicial declaration that the 29. When is the thing consider
consignation, eg lost?
may
perly made, the debtor A. When the thing Perishes
consignation has been pro the
sum deposited, allowing B. When it goes out of com
withdraw the thing or the merce
force. C. When it disappears in
obligation to remain in such a w ‘ay that its existe
unknown or it cannot be reco nce is.
Statement 2: Consignation alone shall produce the same ver, ed
effect in when two or more persons claim the same right to D. All of the above
collect
30. Mr. Deli Berry is obliged to deliver
A. True; True 10 case: S of soda to
Mrs,
B. True; False Pur Chazer on June 1, 2019. However,
on May 30, 2019, a
typhoon destroyed the
Cc. False; True warehouse of Mr. Deli
Berry
D False; False including the 10 cases of soda prior
to delivery. Is the
obligation extinguished?
A. No, because there was
27. Consignation alone is sufficient or even without a previous no demand yet so there is
N

delay which extinguishes the oblig

tender of payment, except? ation °
When Creditor is absent or does not appear at the place B. No, because the thing to be deliv
A. ered is a generic object
of payment which cannot be lost
When the Creditor is incapacitated to receive payment & i because the object is a generic object
and the loss
at the time it is due is due to fortuitous event
When the Creditor refuses to give a receipt for a just D. Yes, because the loss was prior to the delivery date and
cause it was due to fortuitous event
When the title of the Obligation has been lost.
31. The following are requisites for loss of the thing due,
except:

248 249
 in the delivery of tha
ob li ga ti on consists
The
(Art. 1262 of NC
C) 34. Mr. Lover boy gave her sweeth
determinat e thing i on of the
to the constituti containing a brand new cel
ea rt, Ms, Play girl,
a gift
be posterior Phone Worth
The loss must 15, nO “er
Pp
15 days, Ms. Play ginliomanee on June
obligation
destruction of the thing must have Occurreg very sa an angry, Mr. Lover Boy seek vn. . Lover boy.
The loss or
of the debtor What is the remedy of Mr. Lover boy? ee epee
wit hout the fault r the debtor has bear thes
tion occurs afte A. None because he must
The loss or destruc loss of taking the ris
k of
loving a play girl
incurred in delay
B. He can cry and beg for forgiveness
r a Toyota vios with plate Cc. He can recall his gift because the d
r is obliged t o delive
32. Mr. Del Laye Mr. Layer also D. None because the gift given orally
Onation is void
Mrs. Bay Yer on June 1, 2019.
number 123 to Bay
is valid
car to the brother of Mrs,
promis es to deliver the same
May 30, 20 19, a typho
on destroyed the 35.
Yer. However, on Statement 1: Remission of principal Obligation extingui
ive ry. Is the obligation extinguished? the accessory obligation but the condon Seana
said car prior to del
because the loss of a determinate
thing was due to accessory obligation does not affect the me i of the
A. Yes, ‘ala
Statement 2: It is presumed that the accesso Pa
fortuitous event “a aa af
not have obligateg pledge has been remitted when the thing
Yes, because the debtor must ead , after its
himself to deliver the same thing to two
or more delivery to the creditor, is found in the
sion of the
persons who do not have the same intere
st debtor, or of a third person who owns the thin
True; True 8.
No, because the debtor must not have obligated himself A.
s who B. True; False
to deliver the same thing to two or more person
do not have the same interest C. False; True

No, because the loss was due to fortuitous event and D. False; False

the thing is generic

36. The following are necessary
33. The following are requisites of condonation, except: may be proper, except:
A. It must be gratuitous and the obligation must be
demandable at the time of remission A. That each one of the obligors
It must be accepted by the obligor that he be at the same time a
It must amount to an inofficious donation other;
If it is made expressly, it must comply with the forms of B. That both debts consist in a
donation things due are consumable,
in order that compensation
be bound principally, and
principal creditor of the
sum of money, or if the
they be of the different

250 251
 ity if the latter fc A.
kind, and also of the different qual
The parties must be Creditor
s g nd
in their own right debtors of each other
been stated;
are due, liquidated ae B. The parties must
C. That the two debts be bound Principally
Both debts must be due
demandable; , liquidate d and de

9
D. Over either of th mandable
D. That over neither of them there be any retention o; em there be any
retenti
controversy, commenced by third persons ang controversy, comm
enced by third o
debtor. communicated in du de at
communicated in due time to the e time to the debtor
;
1: Compensation may be total or partial but 40. The following are debts which ma
37. Statement
a tota|
when the two debts are of the same amount, there is compensation? NE Se: subeet et
compensation.
A. When one of the debts arises
from a depositum
Statement 2: The parties may agree upon the comp
ensation B. When one of the debts cons
ists in Civil liability arising
of debts which are not yet due. from a penal offense
A. True; True G When one of the debts
consists in the claim of
B. True; False government for payment of taxes
C. False; True D. All of the above
D. False; False
41. Under novation
as mode of extinguishing the obligation,
38. Statement 1: Neither shall there be compensation if one of Obligations may be modified by:
the debts consists in civil liability arising from a penal A. Changing their object or principal conditions;
offense. B. Substituting the person of the debtor;
Statement 2: If a person should have against him several C. Subrogating a third person in the rights of the creditor.
debts which are susceptible of compensation, the rules on D. All of the above
the application of payments shall apply to the order of the
compensation. 42. Statement 1: If the substitution is without the knowledge or
A. True; True against the will of the debtor, the new debtor's insolvency
B. True; False or non-fulfillment of the obligations shall not give rise to
C. False; True any liability on the part of the original debtor.
D. False; False Statement 2: The insolvency of the new debtor, who has
been proposed by the original debtor and accepted by the
39. The following are requisites of legal compensation, except: creditor, shall not revive the action of the latter against the
original obligor

252 253
 45. Statement 1: Subrogation Of a third
True; True
the creditor is either legal or waa in the rights of
True; False

i oo
Statement 2: Conventiona| Sui (onal.
False; True
requires the consent of the of
False; False
original debtor.
A. True; True
is the effect when the insolvency of the Proposed
43. What B. True; False
knowledge, o,
debtor was already existing and of public C. False; True
known to th e debtor,
when the delegated his debt?
tor, who has been D. False; False
A. The insolvency of the new deb
ida
debtor and accepted by
proposed by the original
ion of the latter against 46. Under Art. 1302, It is presumed
creditor, shall not revive the act tha t there is legal
subrogation in the following, except:
the original obligor A. When a creditor pays
debtor, who has been another creditorw
B. The insolvency of the new ho is preferred,
even without the debtor's
proposed by the original debtor and accepted by the knowledge;
B. When a third person, not
creditor, shall revive the action of the latter against the interested in the obligation
pays with the express
or tacit approval of the
original obligor debtor: ,
C. When, ee without the knowledge of
C. BothAandB the debtor, a
person interested in the fulfillmen
None of the above t of the obligation
pays, without prejudice to the effec
ts of confusion as to
the latter's share.
44. Statement 1: When the principal obligation is extinguished
D. When, even without the knowledge of the debtor, a
in consequence accessory obligations may
of a novation,
person interested in the fulfillment of the obligation
subsist only insofar as they may benefit third persons who
pays, with prejudice to the effects of confusion as to the
did not give their consent.
latter's share.
Statement 2: If the new obligation is void, the original one
shall subsist, unless the parties intended that the former
47. Statement 1: Substitution transfers to the persons
relation should be extinguished in any event.
A. True; True substituted the credit with all the rights thereto
B. True; False appertaining, either against the debtor or against third

C. False; True person, be they guarantors or possessors of mortgages.

D. False; False Statement 2: If the substitution is without the knowledge

or against the will of the debtor, the new debtor's

254 255
 insolvency or non-fulfillment of the obligations Shall not Cc. False; True
give rise to any liability on the part of the original debtor. D. False; False
A. True; True
B. True; False
51. This novation is when the initiat
C. False; True 'Ve or the chan
come from debtor and ey ge does not
D. False; False en be ma P .
knowledge or against his will? de without his
A. Delegacion
48. he following are the requisites of novation, except: B Subrogation
A. There must be previous valid obligation C. Expromision
B. The parties concerned must agree to a new contract D. Accion PAuliana
C. The old contract must not be extinguished
D. There must be a valid new contract
52. This novation is when the
Original debtor offers and
creditor accepts, a the
third Person who con
49. In extinctive novation as opposed to modificatory novation: sents to the
substitution and assume
s the obligation?
A.’ It is an alteration of the terms and conditions of the
A. Delegacion
obligation
B. Subrogation
B. The new agreement is merely incidental to the main C. Expromision
obligation.
D. Accion PAuliana
C. Results in either changing the object or principal
condition (Objective) OR substituting the person of the
53. In case of expromision as opposed to delegacion
:
debtor or subrogating the person of the creditor A. Insolvency of new debtor shall give rise to
liability of the
(Subjective)
old debtor :
D. The old obligation subsist to the extent it remains B. Insolvency of new debtor shall not give rise to liability of
compatible with the amendatory agreement
the old debtor
C. Insolvency shall not give rise to liability of old debtor
50. Statement 1: Subjective novation is when there is
change in unless the insolvency was already in existence at the
the person of the debtor or of a creditor in an
existing time of substitution and of public knowledge,
obligation
D. Insolvency shall not give rise to liability of old debtor
Statement 2: Express novation is when the new obligati
on unless known to the old debtor
is on every point incompatible with
the old one.
A. True; True
54. As a rule, legal subrogation is not presumed, Except:
B. True; False

256 257
 creditor who js -
ys another 57. What is the effect of extinctiy i© e novatioon
When the creditor pa obligation by changing the dt upon access
knowledge
thout the debtor’s
ory
preferred, even wi
Pr in cipal condit
gation, — Accessory obligation is risk
terested in the obli
A. ion?
thi rd pe rs on , in extinguish
ed
When a debtor p. Accessory obligation js alw
approval of the 3S extinguished
with the express c. Accessory obligation is no
Both A and B or, ; stipulation pour autruj
knowledge of the debt
When, even without the D. Accessory obligation jg se
on intereste
d in the fulfillment of the obligation guished unless there is
pers
nfusion as to stipulation pour autrui
ju dice to the effects of co
pays, without pre
the latter's share.
58. What is the effect of extinctive noy aIt '0n upon accessory
ion of a third person obligation by substitution?
St at em en t 1: Convention al subrogat A. The new
55. as Original debtor, credititor or isj entitl
of ALL parties such i ed to the exercise
requires consent neaccessson
ory y
ri me Hence, The accessory
of
Third party (New Creditor) obligaomtions -
Original Creditor and is the same as guis| a unless modifi
entional subrogation ed by express a
Statement 2: Conv B. Accessory obligation "
of credit because under conventional isalways extinguished
ie
assignment Accesso y obliigation j
subrogation, all the right
s of the old creditor shall be gation is not extinguished unl
ess there ;is
stipulation pour autrui
creditor. @
transferred to the new
D. Acoosaery obligation is extinguished unless there ere isi
A. True; True
stipulation pour autrui
B. True; False
G False; True
D. False; False 59. What is the effect of extinctive novation upon accessory
obligation by subrogation?
A. The new creditor is entitled to the exercise of the
as opposed to assignment of
56. In conventional subrogation aereeiy
a characteristic? rights. Hence, the accessory obligations are
credit, which of the following is not
of all parties not extinguished unless modified by express agreement
A. It is necessary to secure the consent
obligation B. Accessory obligation is always extinguished
B. It extinguishes obligation and creates a new
be cured by C. Accessory obligation is not extinguished unless there is
c. The nullity of old obligation may
stipulation pour autrui
subrogation
may not be cured by D. Accessory obligation is extinguished unless there is
The nullity of old obligation
stipulation pour autrui
subrogation

259
258
 contract is void, th
1: if the original
60. Statement mere is
novation and new contract
contract is void, there ;
Statement 2: If the new S no
ract subsist
novation and the ori ginal cont
A. True; True
B. True; False
C. False; True
D. False; False

1: if the original contract is void, there is no

61. Statement

re
novation and no new contract
is void, there is no
Statement 2: If the new contract
ract subsist
novation and the original cont
A. True; True
B. True; False
C. False; True
D. False; False

contract is void, there is no

62. Statement 1: if the original
ract
novation and no new cont
ract is void, there is no
Statement 2: If the new cont
ract shall not subsist
novation and the original cont
A. True; True
B. True; False
C. False; True
D. False; False

260