Multiple Choice Questions

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

a. Civil obligation
b. Natural obligation
c. Moral obligation
d. Social obligation
2. They give a right of action to compel their performance
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. Social obligation
3. The obligee has a right to enforce the obligation against the obligor in a court of law
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. Social obligation
4. This is based on equity and justice
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. Social obligation
5. The following are the elements of an obligation, except
a. Active and passive subjects
b. Efficient cause
c. Prescription
d. Vinculum juris
6. A lawful act resulting to a benefit
a. Negotiorumgestio
b. Solution indebiti
c. Quasi contract
d. Quasi delict
7. The right of the creditor that is enforceable against a definite debtor is
a. Real right
b. Natural right
c. Moral right
d. Personal right
8. The person in whose favor the obligation is constituted
a. Obligor
b. Obligee
c. Passive subject
d. Debtor
9. The person who has the duty of giving, doing or not doing
a. Obligee
b. Obligor
c. Active subject
 d. Creditor
10. The source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate
authorities for common good, benefit and observance
a. Contracts
b. Quasi contracts
c. Delicts
d. Law
11. The duty to pay taxes and to support one’s family are obligations arising from
a. Law
b. Contracts
c. Quasi- contracts
d. Delicts
12. The obligation of husband and wife to render mutual help and support arises from
a. Contract
b. Law
c. Quasi contract
d. Quasi delict
13. A supports B, a minor, because B’s father refuses t support B. the father is obliged to reimburse A. the
source of obligation is
a. Contract
b. Quasi contract
c. Delict
d. Quasi delict
14. When a person voluntarily takes charge of another’s abandoned business or property without the owner’s
authority where reimbursement must be made for necessary and useful expenses
a. Quasi contract
b. Quasi delict
c. Negotiorumgestio
d. Solution indebiti
15. When something is received when there is no right to demand it, and it was unduly delivered thru
mistake, the recipient has the duty to return it
a. Quasi contract
b. Quasi delict
c. Negotiorumgestio
d. Solution indebiti
16. A quasi contract is an implied contract
A defendant who is acquitted in a criminal case is no longer liable civilly
a. True; true
b. True; false
c. False; true
d. False; false
17. A fault or act or omission of care which causes damage to another, there being no pre- existing
contractual relations between the parties
a. Quasi contract
b. Quasi delict
c. Negotiorumgestio
 d. Solution indebiti

18. Damages awarded for mental and physical anguish

a. Moral
b. Exemplary
c. Nominal
d. Temperate
19. Damages awarded to vindicate a right
a. Liquidated
b. Actual
c. Nominal
d. Exemplary
20. Damages awarded to set an example
a. Exemplary
b. Liquidated
c. Temperate
d. Moral
21. Damages predetermined beforehand
a. Temperate
b. Liquidated
c. Actual
d. Moral
22. The following except one, are included in civil liability. The exception is
a. Restitution
b. Reparation
c. Indemnification
d. Revolution
23. Omission of the diligence which is required by the circumstances of person, place and time
a. Ignorance
b. Negligence
c. Impotence
d. Insanity
24. If a thing is capable of particular designation
a. Generic
b. Specific
c. Indeterminate
d. Indeterminable
25. If a thing refers to a class, to a genus and cannot be pointed out with particularity
a. Generic
b. Specific
c. Indeterminate
d. Indeterminable
26. I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the
delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the
expense of the debtor
 II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories,
even though they may not have been mentioned
a. True, true
b. True, false
c. False, true
d. False, false
27. Ordinary diligence is
a. Diligence of a good father of a family
b. Extraordinary diligence
c. Diligence required by law
d. Diligence of a good father of a family
28. The creditor has a right to the fruits of the thing
a. From the time the obligation to deliver it arises
b. From the time the fruits have been delivered
c. From the time there is meeting of the minds
d. From the perfection of the contract
29. From the time the fruits have been delivered, the creditor shall acquire
a. Real right
b. Personal right
c. Moral right
d. None of these
30. Spontaneous products of the soil and the offspring and other products of animals
a. Natural
b. Industrial
c. Civil
d. Penal
31. Products of the soil through cultivation or intervention of human labor
a. Natural
b. Industrial
c. Civil
d. Penal
32. Fruits arising out of contracts
a. Natural
b. Industrial
c. Civil
d. Penal
33. Debtor’s default in real obligation
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
34. Debtor’s default in personal obligation
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
35. Default on the part of the creditor
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
36. Default on the part of both parties
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
37. There shall be no liability for loss due to fortuitous events in which one of the following cases. Which is it?
a. When the debtor delays
b. When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events
c. When the nature of the obligation requires the assumption of risk
d. When the obligation is to deliver a determinate thing and there was a stipulation as to the liability
of the debtor in case of loss due to fortuitous events
38. Demand must be made on the due date of the obligation in order for delay to exist in one of the following
cases. Which is it?
a. When it was stipulated by the parties that demand need not be made
b. When the law provides that demand need not be made
c. When the obligation does not indicate whether demand must e made or not on due date
d. When the time is of the essence
39. Which of the following is not a proper remedy for the creditor?
a. To compel the debtor to make the delivery, if the obligation is to deliver a determinate thing
b. To ask that the obligation be complied with at the expense of the debtor, if the obligation is to deliver
a generic thing
c. To compel the debtor to perform the obligation, if the obligation is an obligation to do
d. To ask the debtor that what has been done be undone, if the obligation is an obligation not to do
40. When the following statements concerning delay is incorrect?
a. There is no delay in obligations not to do
b. Delay, as a rule, exists, when the debtor does not perform his obligation on the date that it is due
c. Demand, as a rule, is required in order for delay to exist
d. When time is of the essence, delay on the part of the debtor exists despite the absence of demands
41. When the debtor binds himself to pay when his means permit him to do so, the obligation is
A. An obligation with a resolutory period
B. A pure obligation
C. An obligation with a suspensive condition
D. An obligation with a suspensive period
42. Whenever a period is designated in an obligation, the said period shall be presumed to have been
established for the benefit of
A. The debtor
B. The creditor
C. Both the debtor and the creditors
D. Neither of the parties
 43. The debtor shall lose the right to make use of the period in the following cases, except when he
a. Becomes insolvent
b. Violates any undertaking in consideration of which the creditor agreed to the period
c. Attempts to abscond
d. Does not furnish any guaranty or security to the creditor
44. D is obliged to give C a specific car if C passes the CPA Licensure Examination. D’s obligation is an
example of
a. A pure obligation
b. An obligation with a suspensive condition
c. An obligation with a resolutory condition
d. An obligation with a period
45. One of the following obligations is not immediately demandable
a. Pure obligation
b. Obligation with a resolutory period
c. Obligation with an in diem period
d. Obligation with an ex die period

46. If A sells to B a fountain pen, the giving by A to B of the fountain pen is

A. Actual tradition
B. Constructive delivery
C. Symbolical tradition
D. Traditio longa-manu

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

A. Traditiosimbolica
B. Traditio longa-manu
C. Traditiobrevi-manu
D. Traditioconstitotumpossessorium

48. There is delivery by mere consent or pointing out of an object.

A. Traditiosimbolica
B. Traditio longa-manu
C. Traditiobrevi-manu
D. Traditioconstitotumpossessorium

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

A. Traditiosimbolica
B. Traditio longa-manu
C. Traditiobrevi-manu
D. Traditioconstitotumpossessorium

50. A possessor of a thing as an owner retains possession no longer as an owner, but in some
 other capacity

A. Traditiosimbolica
B. Traditio longa-manu
C. Traditiobrevi-manu
D. Traditioconstitutompossessorium

51. The opposite of brevi-manu

A. Longa-manu
B. Simbolica
C. Constitutompossessorium
D. Quasi-tradition

52. One where there is only one prestation

A. SIMPLE OBLIGATION
B. Compound Obligation
C. Conditional Obligation
D. Conjunctive obligation.

53. An __________________ is one wherein various prestations are due but the performance of one of them is
sufficiently determined by the choice which, as a general rule, belongs to the debtor.

A. Alternative Obligation
B. Compound Obligation
C. Conditional Obligation
D. Conjunctive obligation.

54. As a general rule, the right to choose the prestation belongs to the _______________.

A. DEBTOR
B. CREDITOR
C. BAILOR
D. BALIEE

55. But by way of exception, it may be exercised by the creditor but only when it is __________ granted to him.

A. EXPRESSLY
B. IMPLIEDLY
C. BY A WRITTEN NOTICE
D. CANNOT BE

56. The right of choice of the debtor is subject to limitations. Thus he cannot choose prestations which are the
following, except:

A. Impossible
B. Unlawful
C. which could not have been the object of the obligation
 D. LICIT

57. The choice shall produce no effect except from the time it has been communicated.

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE

58. What is the effect if only one prestation is practicable.

A. OBLIGATION IS EXTINGUISHED
B. the obligation is converted into a simple one.
C. Can be rescinded
D. Action for damages

59. If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the
debtor may ___________.

A. RESCIND THE CONTRACT

B. the obligation is converted into a simple one.
C. Can be rescinded
D. Action for damages

60. If some of the objects of the obligation have been lost or have become impossible through the fault of the debtor,
the latter is not liable since he has the right of choice and the obligation can still be performed.

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE

61. If all of them have been lost or have become impossible through the debtor’s fault, who has the right to
indemnity for damages?

A. CREDITOR
B. DEBTOR
C. BAILOR
D. BAILEE

62. A ___________________ is one where only one prestation has been agreed upon but the obligor may render
another in substitution.

A. Facultative Obligation
B. Alternative Obligation
C. Obligations with a period
D. Obligations with a penal clause
 63. One where there is only one obligor and one obligee.

A. Individual obligation
B. Collective obligation
C. SIMPLE OBLIGATION
D. COMPOUND OBLIGATION

64. Is one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be
demanded proportionately by the different creditors.

A. Joint Obligation
B. Solidary Obligation
C. Obligation with a period
D. Obligation with a penal clause

65. Is one where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand
entire compliance with the prestation.

A. Joint Obligation
B. Solidary Obligation
C. Obligation with a period
D. Obligation with a penal clause

66.Words used to indicate joint liability.

A. Mancum
B. mancomunada
C. mancomunadamente
D. ALL OF THE ABOVE

67. Words used to indicate solidary liability.

A. solidaria;
B. individually and/or collectively
C. together and/or separately
D. all of the above

68. there is solidary liability only when:

A. the obligation expressly so states; or

B. the law requires solidarity; or
C. the nature of the obligation requires solidarity.
D. ALL OF THE ABOVE

69. solidarity on the part of the debtors, where anyone of them can be made liable for the fulfillment of the entire
obligation

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. CONVENTIONAL SOLIDARITY
70. solidarity on the part of the creditors, where anyone of them can demand the fulfillment of the entire obligation

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. CONVENTIONAL SOLIDARITY

71. Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one
of the creditors has a right to demand, entire compliance with the obligation.

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. CONVENTIONAL SOLIDARITY

72. where solidarity is agreed upon by the parties

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. CONVENTIONAL SOLIDARITY

73. where solidarity is imposed by the law.

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. LEGAL SOLIDARITY

74. where solidarity is imposed by the nature of the obligation.

A. PASSIVE SOLIDARITY
B. ACTIVE SOLIDARITY
C. MIXED SOLIDARITY
D. REAL SOLIDARITY

75. when the parties are bound by the same stipulations or clauses

A. UNIFORM
B. NON- UNIFORM
C. CONDITIONAL
D. PASSIVE

76. A solidary creditor can assign his rights without the consent of the others

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE
77. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of
the solidary debtors, shall ____________ the obligation.

A. EXTINGUISH
B. ANNULL
C. RESCIND
D. MAKE THE OBLIGATION VOID

78. CAN the creditor proceed against any one of the solidary debtors or some or all of them simultaneously.

A. YES
B. NO
C. NOT SURE
D. I DON’T CARE

79. As a general rule, payment made by one of the solidary debtors ___________ the obligation.

A. EXTINGUISH
B. ANNULL
C. RESCIND
D. MAKE THE OBLIGATION VOID

80. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE

81. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made
after the obligation has prescribed or become illegal

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE

82. The substitution or change of an obligation by another, which extinguishes or modifies the
first

A. Confusion C. Novation
B. Compensation D. Consignation

83. Novation which changes the object or the principal condition of the obligation

A. Real C. Mixed
B. Personal D. Partial

84. Novation which changes the parties to the obligation

A. Real C. Mixed
B. Personal D. Partial

85. Expromission, delegacion or subrogating a third person in the right of the creditor.

A. Real C. Mixed
B. Personal D. Partial

86. Novation which changes the object and parties of the obligation.

A. Real C. Mixed
B. Personal D. Partial

87. Substitution of debtor where the initiative comes from a third person.

A. Delegacion C. Subrogation
B. Expromission D. Novation

88. Substitution of debtor where the initiative comes from the debtor.

A. Delegacion C. Subrogation
B. Expromission D. Novation

89. The transfer to a third person of all the rights appertaining to the creditor.

A. Delegacion C. Subrogation
B. Expromission D. Novation

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

A. When a third person, not interested in the obligation, pays with the approval of the creditor.
B. When a creditor pays another creditor who is preferred, even without the debtor’s knowledge.
C. When a third person, not interested in the obligation, pays with the express or tacit approval of the
debtor.
D. When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation
pays, without prejudice to the effects of confusion as to the latter’s share.

91.. I - Proof of actual damages suffered by the creditor is not necessary in order that the
penalty previously agreed upon may be demanded.

II – Proof of actual damages suffered by the creditor is not necessary in an obligation with
a penal clause.

A. True; true C. False; true

B. True; false D. False; false
92. The creditor is entitled to recover damages and interest in addition to the penalty stipulated

1. When the debtor refuses to pay the penalty.

2. When the debtor is guilty of fraud in the fulfillment of the obligation.

A. True; true C. False; true

B. True; false D. False; false

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

A. Dation in payment C. Application of payment

B. Payment by cession D. Consignation

94.. Where a debtor transfers all his properties not subject to execution in favor of his creditors
so that the latter may sell them and thus apply the proceeds to their credits.

A. Dation in payment C. Application of payment

B. Cession D. Consignation

95. The act of offering the creditor what is due him together with a demand that the creditor
accept the same.

A. Application of payment C. Datio in solutum

B. Tender of payment D. Cession

96. The act of depositing the thing due with the court or judicial authorities whenever the
creditor cannot accept or refuses to accept payment.

A. Tender of payment C. Application of payment

B. Consignation D. Datio in solutum

97. The meeting in one person of the qualities of creditor and debtor with respect to the same
obligation.

A. Confusion C. Novation
B. Compensation D. Condonation

98. When two persons on their own right are creditors and debtors of each other

A. Confusion C. Novation
B. Compensation D. Condonation

99. when the object (or cause) or principal conditions of the obligation are changed

A. Real Novation
B. Personal or subjective
C. Mixed
D. None of the above
100. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that
it be so declared in unequivocal terms.

A. TRUE
B. FALSE
C. SOMEWHAT TRUE
D. SOMEWHAT FALSE
 90. The substitution or change of an obligation by another, which extinguishes or modifies the

first

A. Confusion C. Novation
B. Compensation D. Consignation

91. Novation which changes the object or the principal condition of the obligation

A. Real C. Mixed
B. Personal D. Partial

92. Novation which changes the parties to the obligation

A. Real C. Mixed
B. Personal D. Partial

4. Expromission, delegacion or subrogating a third person in the right of the creditor.

A. Real C. Mixed
B. Personal D. Partial

5. Novation which changes the object and parties of the obligation.

A. Real C. Mixed
B. Personal D. Partial

6. Substitution of debtor where the initiative comes from a third person.

A. Delegacion C. Subrogation
B. Expromission D. Novation

7. Substitution of debtor where the initiative comes from the debtor.

A. Delegacion C. Subrogation
B. Expromission D. Novation

8. The transfer to a third person of all the rights appertaining to the creditor.

A. Delegacion C. Subrogation
B. Expromission D. Novation

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

A. When a third person, not interested in the obligation, pays with the approval of the creditor.
B. When a creditor pays another creditor who is preferred, even without the debtor’s knowledge.
C. When a third person, not interested in the obligation, pays with the express or tacit approval of the
debtor.
D. When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation
pays, without prejudice to the effects of confusion as to the latter’s share.

10. I - Proof of actual damages suffered by the creditor is not necessary in order that the
penalty previously agreed upon may be demanded.

II – Proof of actual damages suffered by the creditor is not necessary in an obligation with
a penal clause.

A. True; true C. False; true

B. True; false D. False; false

11. The creditor is entitled to recover damages and interest in addition to the penalty stipulated

3. When the debtor refuses to pay the penalty.

4. When the debtor is guilty of fraud in the fulfillment of the obligation.

A. True; true C. False; true

B. True; false D. False; false

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

A. Dation in payment C. Application of payment

B. Payment by cession D. Consignation

15. Where a debtor transfers all his properties not subject to execution in favor of his creditors
so that the latter may sell them and thus apply the proceeds to their credits.

A. Dation in payment C. Application of payment

B. Cession D. Consignation

16. The act of offering the creditor what is due him together with a demand that the creditor
accept the same.

A. Application of payment C. Datio in solutum

B. Tender of payment D. Cession

17. The act of depositing the thing due with the court or judicial authorities whenever the
creditor cannot accept or refuses to accept payment.

A. Tender of payment C. Application of payment

B. Consignation D. Datio in solutum

18. The meeting in one person of the qualities of creditor and debtor with respect to the same
obligation.

A. Confusion C. Novation
B. Compensation D. Condonation

19. When two persons on their own right are creditors and debtors of each other

A. Confusion C. Novation
B. Compensation D. Condonation

22. The court determines the amount of damage taking into consideration the price of the thing
and its sentimental value to the injured person.

A. Restitution C. Indemnification
B. Reparation D. Starvation

23. The consequential damages suffered by the injured person and those suffered by his family
or third person by reason of the act.

A. Restitution C. Indemnification
B. Reparation D. Starvation

24. Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors.

A. Accionreinvindicatoria
B. Accionpauliana
C. Accionsubrogatoria
D. Accionquanti-minoris

D. A can recover half-fare from B only.

40. If a thing is capable of particular designation.

A. Generic
B. Specific
C. Indeterminate
D. Indeterminable

41. If a thing refers to a class, to a genus and cannot be pointed out with particularity.

A. Generic
B. Specific
C. Determinate
D. Indeterminable

42. A wife was about to deliver a child. Her parents brought her to the hospital. Who should
pay the expenses for medical attendance?

Answer 1 – The husband, because it is his duty to support his wife and support includes medical
attendance.
Answer 2 – The parents, because they were the persons who brought the “wife” to the hospital.

A. Both answers are correct.

B. Both answers are not correct.
C. Only the first is correct.
D. Only the second is correct.

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

A. natural
B. industrial
C. civil
D. penal

44. Spontaneous products of the soil and the offspring and other products of animals

A. natural
B. industrial
C. civil
D. penal

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

A. natural
B. industrial
C. civil
D. penal

46. Fruits arising out of contracts- like rental payments.

A. natural
B. industrial
C. civil
D. penal

47. When does the obligation to deliver arise?

Answer 1 – If there is no term or condition, then from the perfection of the contract.
Answer 2 – If there is a term or condition, then from the moment the term arrives or the
condition happens.

A. True; true
B. True; false
C. False; true
D. False; false

48. A is obliged to give B 10 kilos of sugar, which of the following is not correct?

A. B can demand that A obtain the sugar and deliver it to him.

B. B can just buy 10 kilos of sugar and charge the expense to A.
C. A can insist on just paying B damages or the monetary value of the sugar.
D. B may require another person to deliver the sugar and charge the expenses to A.

49. Where demand by the creditor shall be necessary in order that delay may exist.

A. When time is of the essence of the contract.

B. When demand would be useless.
C. When the obligor has expressly acknowledged that he is in default.
D. When the obligor requested for an extension of time.

50. Debtor’s default in real obligation.

A. Mora accipiendi
B. Mora solvendi ex-re
C. Mora solvendi ex-persona
D. Compensatio morae

) Which of the following is true?

A contract is…
a) A legally binding agreement
b)A casual promise
c) Something which represents the beginning of negotiations between
companies
d) Of no legal consequence

) Which of the following is true?

A contract is…
a) A legally binding agreement
b)A casual promise
c) Something which represents the beginning of negotiations between
companies
d) Of no legal consequence
93. Damages awarded to vindicate a right
e. Liquidated
f. Actual
g. Nominal
h. Exemplary
94. Damages awarded to set an example
e. Exemplary
f. Liquidated
g. Temperate
h. Moral
95. Damages predetermined beforehand
e. Temperate
f. Liquidated
g. Actual
h. Moral
96. The following except one, are included in civil liability. The exception is
e. Restitution
f. Reparation
g. Indemnification
h. Starvation
97. Omission of the diligence which is required by the circumstances of person, place and time
e. Ignorance
f. Negligence
g. Impotence
 h. Insanity
98. A was employed as professional driver of B transit Bus owned by C. In the course of his work, A hit a
concrete post causing serious injury to passenger W and pedestrian Y. the victims sued the driver and the
owner of the bus for damages. Which of the following statements is correct?
a. C is not liable if C can prove that he exercised the diligence of a good father of a family in the
selection and supervision of his employees
b. The conviction of A in a criminal case makes C liable for damages arising from criminal act
c. The liability of C shall cease if the driver A is acquitted in the criminal case
d. The guilt of driver A must be established beyond reasonable doubt to make C liable
99. If a thing is capable of particular designation
e. Generic
f. Specific
g. Indeterminate
h. Indeterminable
100.If a thing refers to a class, to a genus and cannot be pointed out with particularity
e. Generic
f. Specific
g. Indeterminate
h. Indeterminable
101.I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the
delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the
expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories,
even though they may not have been mentioned
e. True, true
f. True, false
g. False, true
h. False, false
102.Ordinary diligence is
e. Diligence of a good father of a family
f. Extraordinary diligence
g. Diligence required by law
h. Diligence of a good father of a family
103.The creditor has a right to the fruits of the thing
e. From the time the obligation to deliver it arises
f. From the time the fruits have been delivered
g. From the time there is meeting of the minds
h. From the perfection of the contract
104.From the time the fruits have been delivered, the creditor shall acquire
e. Real right
f. Personal right
g. Moral right
h. None of these
105.A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses
for medical attendance?
I. The husband, because it is his duty to support his wife and support includes medical attention
 II. The parents, because they were the persons who brought the wife to the hospital
a. Both answers are correct
b. Both answers are not correct
c. Only the first is correct
d. Only the second is correct
106.Spontaneous products of the soil and the offspring and other products of animals
e. Natural
f. Industrial
g. Civil
h. Penal
107.Products of the soil through cultivation or intervention of human labor
e. Natural
f. Industrial
g. Civil
h. Penal
108.Fruits arising out of contracts
e. Natural
f. Industrial
g. Civil
h. Penal
109.I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those
who in any manner contravene the tenor thereof, are liable for damages
a. True, true
b. True, false
c. False, true
d. False, false
110.A is oblige to deliver his only car to B on November 20, 2011. If A does not deliver, and on November 22,
2011, a typhoon destroys the car, which is correct?
a. A is not liable because the obligation is extinguished
b. A is liable because he is in delay
c. A and B will divide the loss equally
d. A’ s obligation is converted into monetary obligation
111.Debtor’s default in real obligation
e. Mora accipiendi
f. Mora solvendi ex- re
g. Mora solvendi ex- persona
h. Compensation morae
112.Debtor’s default in personal obligation
e. Mora accipiendi
f. Mora solvendi ex- re
g. Mora solvendi ex- persona
h. Compensation morae
113.Default on the part of the creditor
e. Mora accipiendi
f. Mora solvendi ex- re
 g. Mora solvendi ex- persona
h. Compensation morae

114.When the debtor binds himself to pay when his means permit him to do so, the obligation is
E. An obligation with a resolutory period
F. A pure obligation
G. An obligation with a suspensive condition
H. An obligation with a suspensive period
115. Whenever a period is designated in an obligation, the said period shall be presumed to have been
established for the benefit of
E. The debtor
F. The creditor
G. Both the debtor and the creditor
H. Neither of the parties
116.The debtor shall lose the right to make use of the period in the following cases, except when he
e. Becomes insolvent
f. Violates any undertaking in consideration of which the creditor agreed to the period
g. Attempts to abscond
h. Does not furnish any guaranty or security to the creditor
117. D is obliged to give C a specific car if C passes the CPA Licensure Examination. D’s obligation is an
example of
e. A pure obligation
f. An obligation with a suspensive condition
g. An obligation with a resolutory condition
h. An obligation with a period
118.One of the following obligations is not immediately demandable
e. Pure obligation
f. Obligation with a resolutory period
g. Obligation with an in diem period
h. Obligation with an ex die period
119. XYZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain
taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said
taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government
of the City of Manila to return the said taxes paid is based on
a. Negotiorumgestio
b. Solution indebiti
c. Quasi delict