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Oblicon

The document contains multiple choice questions related to obligations and contracts under Philippine law. It asks the reader to choose the correct answer for each question based on statements of law or scenarios provided. The questions cover topics such as the types and sources of obligations, conditional and joint obligations, delivery requirements, prescriptive periods, and remedies for non-performance.

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Allian Castro
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© © All Rights Reserved
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0% found this document useful (0 votes)
310 views14 pages

Oblicon

The document contains multiple choice questions related to obligations and contracts under Philippine law. It asks the reader to choose the correct answer for each question based on statements of law or scenarios provided. The questions cover topics such as the types and sources of obligations, conditional and joint obligations, delivery requirements, prescriptive periods, and remedies for non-performance.

Uploaded by

Allian Castro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Statement No.

1: When the prestation is negative and the debtor is precluded from doing an impossible or unlawful condition,
the entire obligation. Including the condition, is null and void.

Statement No. 2: In an obligation subject to a period, what is suspended is the birth of the obligation. *

a. Both statements are true.


b. Both statements are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. I is false while statement No. 2 is true.

D obliged himself to give C 100 cavans of rice on December 25, 2021. On said date, D failed to make delivery, despite
repeated demands from C. *

a. C can compel D to deliver 100 cavans of rice plus damages“


b. C has no remedy under the law.
c. C may ask a third person to deliver 100 cavans of rice to him, the value recoverable from D plus damages.
D. D can rescind the contract because the object is indeterminate.
E. Either A or C

*S sold to B a specific car for P10,000 and promised to deliver on December 25, 2010. The next day, after the sale is made, he
sold the same car to X and delivered it to X on the same day. If no delivery is made by S to B on December 26, 2010, which
of the following is correct? *

a. S is not in default because there was no demand


b. B can cancel the contract between S and X because the contract of S and B was perfected ahead of X.
c. S is liable to B for the value of the car plus damages
d. S is in default, even if there was no demand. Hence he will answer for it

An obligation wherein various things are due but the complete performance of all of them is necessary to extinguish the
obligation *

a. Facultative obligation.
b. Conjoint obligation.
c. Alternative obligation.
d. Pure or simple obligation.

*XYZ is a cooperative store. On July 1, 2014, it paid the government of the City of Manila certain taxes believing that it owed
the same. After Six month, 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. Negotiorum gestio
b. Solution indebiti
c. Quasi-delict
d. The government is exempt from giving tax refunds.

Statement No.1: D obliged himself “to pay C the sum of P50,000 which he owes him when he (D) feels like it”. This kind of
obligation is valid and legally enforceable.Statement No. 2: After the obligation became due and demandable, the creditor
agreed to a proposal by the debtor to give him a specific cow instead of paying P25,000. This is a case of facultative
obligation *

a. Both are true.


b. Both are false.
c. No. ‘l is true, No. 2 is false.
d. No. 1 is false. No. 2 is true.

Which of the following is not a generic obligation? *

a. obligation to pay P5,000


b. obligation to deliver 2009 Nissan Sentra Series lll
c. obligation to deliver 50 cavans of rice
d. obligation to give a delimited generic object

*In an obligation to give an indeterminate thing, the loss or destruction of anything of the same kind will extinguish the
obligations if the cause of the loss is a fortuitous event. *

True
False

.*Which of the following statements is false *

a. The nullity of the principal carries with it that of the penal clause.
b. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded
c. I will pay you P10,000 "soonest" is for the benefit of the debtor.
d. Condonation is essentially gratuitous.

*Statement No. 1: The concurrence of more than one creditor, for or more than one debtor in one and the Same obligation
implies solidarity. Statement No. 2:In alternative obligations where the right of choice is exercised by the creditor, consent of
the debtor as to the creditor's choice of which presentation to perform is necessary *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

A and B are solidary debtors of X and Y, solidary creditors to the amount of P4,000. On the due date. X renounced in favor of
A the entire obligation. Which of the following is correct? *

a. B shall give A P2,000.


b. Y can still collect from A or B P2,000.
c. Y can collect from X P2,000.
d. Any of the three.
e. None of the above.

*S owns specific ring and sells it to B for P10,000. B paid S the price, and S promised to deliver the ring five (5) days after.
After the sale, S gets a loan from X and pledged the ring in a private instrumentStatement 1- between B and X, B has got a
better title because pledge did not appear in a public instrument. Statement 2- However, if S delivers the ring to X, X will
have a better title because there was delivery *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

. Which obligation is not valid? *

a. “I promise to give you P100,000 on December 25,2022.”


b. “I promise to give you P100,000, If I go to Sampaloc, Quezon this weekend”
c. “I promise to give you P100,000, if your patient dies”
d. “I promise to give you P100,000 if you pass the May 2022 CPA Board Examination.”

Which of the following obligations is not subject to a period? *

a. Payable soonest
b. Payable “little by little”
c. Payable whenever “I like it”
d. Payable “when my means permits me to”

*“I”ll give you my car one year after your death." The obligation is *

a. valid, because the event is sure to come.


b. valid, the obligation is conditional.
c. valid, but disregard the condition.
d. void, not legally possible

Which of the following is not a conditional obligation? *

a. D to give P1,000, if C passes the examination.


b. D to pay C P1,000, if C has the means.
c. D to give C a horse, if C marries X
d. None of the above

Statement No.1: An obligation which has for its object the delivery of a “delimited generic” Object may be lost by reason of
fortuitous event.Statement

No. 2: There can be no delay in an obligation not to do *

a. Both statements are true.


b. Both statements are false.
c. Statement No. 1 is true while statement no. 2 is false
d. Statement No. 1 is false while statement No. 2 is true;

*Statement No. 1: Responsibility arising from fraud is demandable in all obligations. A waiver of an action for future fraud is
void. Statement No. 2: When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in
conformity with the provisions of laws. *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

* D1, D2 and D3 are solidary debtors of C for P30,000. The obligation was in writing. After the lapsed of the ten-year
prescriptive period, which of the following statements is incorrect. *

a. If D1 Paid C that the obligation has already prescribed, D1 cannot ask reimbursement from D2 and D3.
b. If D1 paid C not knowing that the obligation has already prescribed, D1 cannot ask reimbursement from D2 and D3.
c. If D1 paid C not knowing that the obligation has already prescribed. D1 cannot ask reimbursement from D2 and D3.
d. None of the above.

Which of the following is not an obligation with a period? *

a. “Payable soonest”
b. An obligation payable little by little
c. Will pay you P10,000 “if I like”
d. Payable “within 2 years from today”
e. All of the above

D promised to give C 10 sacks of rice when X, C’s father, dies the obligation of D to C is : *

a. An obligation with a suspensive condition


b. An obligation with a resolutory condition
c. An obligation with a period
d. A pure obligation
*A, B and C are joint debtors of joint creditors W, X, Y and Z in the amount of P300,000. How much can W and X can
collect from B? *

a. P75,000
b. P150,000
c. P100,000
d. None of the above

Every obligation whose performance does not depend upon future or uncertain event, or upon a past event unknown to the he
parties, is demandable at once. This refers to *

a. Divisible and Indivisible obligations


b. Joint and Solidary obligation
c. Obligations with a period
d. Pure obligation

A source of obligation where there exists criminal *

a. Culpa contractual
b. Quasi-contract
c. Culpa Delictual
d. Culpa Aquiliana

P took a public bus in going to his office. Although P paid his fare, the bus conductor did not issue to him a ticket. Along the
way, the bus met an accident causing a slight injury to P and other passengers. If P is to recover damage from the bus owner,
the source of the bus owner’s liability is: *

a. Contract
b. Quasi-delict
c. Law
d. P cannot recover any amount because no ticket was issued

. Wrong committed independent of contract and with criminal intent is *

a. Culpa contractual
b. Culpa auqiliana
c. Quasi-contract
d. None of the above

It is a thing that is particularly designated or physically segregated from all other of the same class *

a. Generic thing
b. Indeterminate thing
c. Determinate thing
d. Real thing

*Which of the following obligations is void? *

a. D agreed to hire C as manager of his (D's) business if C is willing to relocate to Cebu.


b. D agreed to paint the portrait of C if D will enroll in a painting class this coming month.
c. D promised to pay his debt to C amounting to P20,000.00 as soon as possible.
d. D agreed to give a monthly support of P5,000.00 to C until D ends his contract of employment overseas.

*A waiver of an action for future fraud is valid *

True
False
*Statement No. 1: In solutio indebiti, the contract of the parties is the basis for damages in case of non-performance.

Statement No. 2: “Dolo”, as a ground for awarding dam ages, is the deliberate intention to cause damage or injury' to another
person. *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

Which of the following is considered as quasi-contract *

a. Solutio indebiti
b. When the third person, without the knowledge of the debtor, pays the debt.
c. Reimbursement due the person who saved property during fire or storm without the knowledge of the owner.
d. All of the above.

. Example 1 - D obliged himself to give C a specific ring upon failure to give C P10,000.Example 2 - D obliged himself to
give C a specific ring. However, if he so desires. D may instead give C P10,000 *

a. Both are valid obligations.


b. Only No. 2 is valid.
c. Only No. 1 is valid.
d. Both obligations are invalid because both depends upon the sole will of D.

Statement No. 1: In alternative obligations, it is the choice of which presentation to perform made by the debtor that will
covert the alternative obligation into a pure or simple one.Statement No. 2: In facultative obligations, the right of substitution
may be transferred to the creditor. *

a. Both are true.


b. Both are false.
c. No. ‘l is true, No. 2 is false.
d. No. 1 is false. No. 2 is true.

A judicial relation known as Negotiorum Gestio takes place *

a. When a person Voluntarily takes charge of another’s abandoned business or property without the owner‘s consent.
b. When something ls received and their; is no right to demand it and it was delivered through mistake.
c. When a person is appointed by a court to take the property or business of another.
d. None of the above

On a certain year D was obliged under a contract executed on March 1 to deliver an agricultural land to C on April 1. D
however, actually delivered the land and the fruits thereof to C on May 1. C had the right to the fruits of the agricultural land
beginning on *

a. March 1
b. April 1
c. May 1
d. The period should be fixed by the court so that it can be determined when C is entitled to the fruits.

The creditor has a right that is enforceable against a definite passive subject. This right is known as. *

a. Personal right
b. Real right
c. Natural right
d. Civil right

.*Which of the following is an obligation with a period for the benefit of both the debtor and the creditor *
a. Payable if I like
b. Payable when you like
c. Payable on or before December 25,2022
d. Payable on December 24, 2022

. Statement No.1: ln culpa aquiliana, negligence on the part of the debtor is a substantial issue which must be proved by the
creditor in order to be entitled to an award of damages,Statement No. 2: The highest standard of care that a person obliged to
give something is that diligence of a good father of a family *

a. Both statements are true.


b. Both statements are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. I is false while statement No. 2 is true.

*The following cases are presented to you for evaluation: I. D is obliged to deliver a specific computer to C. Before the
scheduled delivery, the computer was lost in a fire through no fault of D II. D is obliged to deliver 10 sacks of rice to C.
Before the scheduled delivery, the warehouse of D containing 500 sacks of rice from which D intended to get 10sacks of rice
for delivery to C, was razed in a fire together with the stock of rice through no fault of D. In your evaluation of the above
cases, the obligation is extinguished by loss in: *

a. Both I and Ii
b. Neither I nor II
c. I only
d. II only.

A and B are the debtors and X and Y are the creditors in a solidary obligation to the tune of P80,000. On due date, X renounce
in favor of A the entire obligation which was validly accepted by A. Which of the following is true? *

a. B shall give P40,000 to A


b. Y can collect from X P40,000
c. Y can still collect from A or B the whole amount
d. A can collect P40,000 from B

Statement No. 1: D obliged himself to give C a specific car tomorrow. If D failed to deliver tomorrow after demand is made,
C may compel D to do his obligation and may ask for damages.Statement No. 2: D obliged himself to deliver a car to C
tomorrow. If D failed to deliver tomorrow after demand is made. C’s right is to ask a third person to deliver a car to him at the
expense of D plus damage. *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

. When debtor binds himself to pay when his means permit him to so, the obligation is: *

a. Pure
b. Conditional
c. With a period
d. Simple
e. None of the above

*Statement No.1: If the obligation does not fix a period, but from its nature and the circumstances, it can be inferred that a
period was intended, the court may fix the duration thereof. Once it is fixed by the court, the parties cannot change the fixed
date for performance. Statement No. 2: “I will give you P10,000 as soon as possible.” This is an obligation with a period for
the benefit of both the debtor and creditor. *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.

.* Statement No. 1: "I will give you a specific car if you will not marry X this year (2010). If by the end of 2010, both parties
are alive and no marriage has taken place, my obligation is extinguished. Statement No. 2: "I will give you P10,000 if you
cannot make a dead man alive. This is an impossible condition, obligation not demandable. *

a. Both are true.


b. Both are false.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true

*If the obligation is payable in foreign currency *

a. The obligation is void.


b. The obligation is valid, but the stipulation is void.
c. The creditor can compel the debtor to pay in foreign currency as per agreement.
d. The stipulation and the obligation are void.

The following are the requisites of an obligation, except *

a. Passive subject, debtor or obligor


b. Active subject, creditor, or obligee
c. Efficient cause
d. Demand.

.* On June 1, 2010, S sold to B the former's horse for P10,000. S promised to deliver on June 25, 2010, while B did not
promise when to pay *

a. B can demand delivery from S any time after June 1, upon payment of the price of the sale.
b. S cannot demand payment until he delivers the horse.
c. Obligation of B to pay is subject to the condition that S will deliver the horse.
d. S can demand from B payment anytime from June 1 because B's obligation is not subject to any condition

* A sold his cow to B for P2,500. No date was stipulated fir the delivery of the cow. While still in the possession of A the cow
gave birth to a calf *

a. A is entitled to the calf because it was born before his obligation to deliver the cow arises.
b. A is entitled to the calf as B has not paid the price.
c. B is entitled to the calf which was born after the perfection of the contract.
d. B, in order to be entitled to the calf, should pay additional cost for the calf to be agreed upon by both parties.

.* When there is a return of what was unlawfully obtained, there is *

a. Solutio indebiti.
b. Nogotiorum gestio
c. Cessio en pago
d. None of the above

* A person obliged to give something must preserve the, object using a standard of care or diligence. This stand, of care or
diligence may be *

a. Diligence provided by law.


b. Diligence provided by agreement of the parties.
c. Diligence of a good father of the family.
d. Any of the above.
It is source of an obligation that refers to the principles and regulations established in a community by some authority and
applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial
decision.

Law
Contract
Quasi-contract
Quasi-delict

Solidary debtors A, B and C owes joint creditors X, Y, Z and W P12,000. X, Y and Z can collect from a *

a. P12,000
b. 6.000
c. 9,000
d. 3,000

A, B and C executed a promissory note worded as follows: We promise to pay X, Y, and Z the sum of P90,000 (sgd.) A, B
and C *

a. A is obliged to pay X, Y and Z P90,000


b. A is obliged to pay X P30,000
c. A is obliged to pay X P60,000
d. None of the above

The following are the requisites of a prestation or an object of an obligation, except

It must be possible, physically and juridically.


It must be determinate, or, at least, determinable according to pre-established elements or criteria.
It must have possible equivalent in money.
It must be positive obligation only.

A and B signed a promissory note to borrow P6,000 from X, Y and Z, payable in 6 months’ time. B gave as a P10,000
diamond ring as security for the amount borrowed. The diamond ring is returned by agreement to B, which of the following
statement is correct? *

a. Principal obligation is extinguished.


b. Only P2,000 of the obligation is extinguished
c. Only P3,000 of the obligation is extinguished
d. None of the above.

. A sold to B the former's horse for P5,000. No date is fixed by the parties for the performance of their respective obligations.
The obligation of A is *

a. To deliver the horse immediately as there is perfected contract.


b. To deliver the horse upon the payment of B of P5000.
c. The deliver for the horse within a reasonable time of two month from the contract date.
d. To rescind the contract as there is no time fixed for the delivery and payment.

. The delay on the part of the creditor to accept the performance of an obligation *

a. Dolo incidente
b. Mora accipiendi
c. Dolo causante
d. Mora solvendi

What is the definition of an obligation under Article 1156 of the New Civil Code of the Philippines?

Juridical necessity to do or not to do.


Juridical necessity to give or not to give.
Juridical necessity to give, to do or not to do.
Juridical necessity to give, not to give, to do or not to do

Proof of pecuniary loss is necessary for the award of: *

a. Liquidated damages
b. Exemplary damages
c. Actual damages
d. Temperate damages

Among the essential elements of an obligation, which are considered the personal elements?

Obligee and obligor


Prestation and vinculum
Obligee and vinculum
Prestation and obligor

. D obliged himself to paint the house of C or to paint the picture of C, in a standing position, using 10 by 10 canvass. Later,
because of financial reverses, C sold his house to X. Which of the following statements is incorrect? *

a. The obligation of D Is extinguished because he cannot, make a choice.


b. D may just paint the picture of C.
c. D may cancel the contract and ask for damages.
d. None of the above.

. Statement No 1: In an obligation subject to suspensive period, if the object is improved by time, the same inures to the
benefit-of the creditor. Statement No. 2: Culpa aquiliana is that fault which results from breach of contracts *

a. Both statements are true.


b. Both statements are false.
c. Statement No 1 is true while statement No. 2 is false
d. Statement No. 1 is false while statement No. 2 is true.

What is the nature of responsibility or liability of two or more payees in solutio indebiti when there has been payment of what
is not due?

Solidary
Joint
Pro-rata
Subsidiary

A was bad in need of money. He offered to sell his parcel land to B for P100,000.0. B greed and paid A the P100,000.00 and
A signed a receipt. When B wanted to register the sale, he needed a Deed of Absolute Sale. What can B do? *

a. B may sue A to return the P100,000.00 under the legal maxim ''No one shall enrich himself at the expense of another".
b. B may possess and utilize A’s land as a buyer in good faith.
c. B may compel A to execute the Deed of Absolute Sale because the contract is valid.
d. B cannot get back the P100,000.00 because the contract is not enforceable.

The distinction between period and condition is *

a. Period may or may not happen.


b. Condition will always happen.
c. Period may refer to a past event unknown to the parties.
d. Answer not given.

Conrad° will continue giving Pedro the latter's meal allowance until the end of this year” is an obligation subject to: *

a. a resolutory period.
b. a suspensive condition.
c. a resolutory condition.
d. a suspensive period.

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

a. When the parties so agreed.


b. When the debtor refuses to pay the penalty.
c. When the debtor is guilty of fraud in the fulfillment of the obligation.
d. All of the above.

It is source of an obligation that refers to a juridical relation which arises from certain lawful, voluntary, and unilateral act, to
the end that no one may be unjustly enriched or benefited at the expense of another.

Delict
Quasi-contract
Contract
Quasi-delict

. In contracts and quasi-contracts, the liability of the debtor who acted in good faith: *

a. Extends to all natural and probable consequences the breach of the obligation, and which the parties have foreseen or
could have reasonably foreseen at the time the obligation was constituted.
b. Extends only to results intended but excluding exemplary damages.
c. Extends to all damages which may be reasonably attributable to the non-performance of the obligation.
d. Extends to all damages which may be renounced in advanced.

Statement No 1: When the fulfillment of the suspensive or resolutory condition depends upon the sole will of the debtor, the
conditional obligation shall be void. Statement No. 2: If the original obligation is subject to a suspensive or resolutory
condition and the contract is no-voted the new obligation shall be under the same conditions unless otherwise stipulated. *

a. Both are true.


b. Both are false.
c. No 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true

S1. Civil obligation derives their binding force from positive law, while natural obligations derive their binding effect from
equity and natural justice. ; S2. Civil obligations can be enforced by court action or the coercive power of public authority,
while the fulfillment of natural obligations cannot be compelled by court action bur depends exclusively upon the good
conscience of the debtor. However, voluntarily fulfillment of natural obligation by the debtor will preclude him from asking
for reimbursement from the creditor of the amount he has voluntarily paid. Which of the following statements concerning the
distinctions between civil obligation and natural obligation are true?

I only
II only
Both I and II
Neither I nor II

A and B signed a promissory note to borrow P6,000 from X, Y and Z, payable in 6 months’ time. B gave as a P10,000
diamond ring as security for the amout borrowed. How much can Y collect from B? *

a. P1,000
b. 6,000
c. P2,000
d. 3,000
. Statement No.1: In alternative obligations, it is the notice of which prestation to perform made by the debtor shall convert
the alternative obligation into a pure or simple one. Statement No. 2: In case of a joint obligation, the co-debtors may be held
liable for the share of an insolvent co-debtor. *

a. Both statements are true.


b. Both statements are false
c. Statement No 1 is true while statement No. 2 is false
d. Statement No. 1 is false while statement No. 2 is true.

. Statement No 1: The creditor may be compelled to accept payment in checks as long as the check is negotiable.Statement
No. 2: An obligation payable "should the client die for diabetes “is an obligation subject to a period. *

a. Both statements are true.


b. Both statements are false.
c. Statement No 1 is true while statement No. 2 is false
d. Statement No. 1 is false while statement No. 2 is true.

The debtor shalt lose every right to make use of the period except *

a. When he does not furnish a guaranty or security to the creditor.


b. When after the obligation has been constituted: becomes insolvent, unless he gives a guaranty or for the debts.
c. When the debtor attempts to abscond
d. When the debtor violates any undertaking in. considerations of which the creditor agreed to the period.

Which of the following statements concerning obligations arising from contracts are correct? S1. Obligations arising from
contracts have the force of law between contracting parties. ; S2. Obligations arising from contracts should be complied with
in good faith.

I only
II only
Both I and II
Neither I nor II

When will a person who accepts an undue payment of a sum of money be liable for interest?

When he receives the undue payment in bad faith.


When he receives the undue payment in good faith.
When he receives the undue payment, regardless of being bad of good faith.
Under all instances.

A promissory note signed by D and dated March15,2022’s worded as follows: "I promise to pay C the sum of P50,000
provided that if she should in the October 2022 CPA Examination, she shall return to me the said amount. “The above note
gives rise to an obligation with *

a. Suspensive condition
b. Casual condition
c. Resolutory condition
d. None of the above

Which of the following statement best describes a negative obligation?

It refers to an obligation which consists of giving or doing something.


It refers to an obligation which consists to the delivery or giving of personal or real object.
It refers to an obligation which consists of doing a particular prestation but not delivery of an object.
It refers to an obligation which consists of abstaining from some act.

The following are the essential elements of an obligation, except

An active subject, who has the power to demand prestation, also known as the obligee or creditor.
A passive subject, who is bound to perform the prestation, also known as the obligor or debtor.
Object or prestation, which is the promise or particular conduct to be performed in the performance of an obligation, and
may consist of giving, doing, or not doing a thing.
Efficient cause, the tie which binds the parties to the obligation, also known as juridical tie or vinculum.
The form in which the obligation is manifested.

A owes B P100,000 due on December 11, 2022. A mortgaged his house to B as guaranty for the debt. Shortly, how-ever, the
mortgaged house was completely destroyed by typhoon “Nitang”. Thereafter, B demanded payment from A on October 11,
2022. Is B’s demand valid? *

a. No, The obligation is one with a definite period, must the creditor cannot demand fulfillment of the obligation as such
would be prejudicial to the rights of the debtor.
b. No. The obligation is extinguished because the object of the obligation is lost through a fortuitous event”.
c. Yes, The debt becomes due at once because the guaranty was lost even
though a fortuitous event, unless the debtor can mortgage another property that is equally satisfactory.
d. Yes, The debt becomes due at once because from the tenor of the obligation, the period established is for the benefit of
the creditor solely thereby giving the creditor the right to demand performance even before the date stipulated.

The officious manager in a negotiorum gestio shall be liable for any fortuitous event in any of the following instances, except

If he undertakes risky operations which the owner was not accustomed to embark upon.
If he has preferred his own interest to that of the owner.
If he fails to return the property or business after demand by the owner.
If he assumed the management in good faith.

When will a person who in good faith accepts an undue payment of a thing certain or determine be responsible for the
impairment or loss of the same or its accessories and accessions?

He is liable only in so far as he has thereby been benefited.


When he is not guilty of negligence.
He is liable in any instances.
When the reason of loss is fortuitous event.

The following are examples of quasi-contracts, except

A person receives something when there is no right to demand it or it was unduly delivered through mistake.
A person takes charge of the agency or management of business or property of another without authority or without consent
of the latter.
A stranger gives support to a child of another person without the knowledge of the person obliged to give support.
A person saves the property of another person during fire, flood, storm, or other calamity without the knowledge of the
owner.
A person caused injury to another person through fault or negligence.

. X obliged himself to give to Y his brand-new Rolex watch if the latter cannot make a circle that is at the same time square. *

a. The obligation is unenforceable because the condition is immoral.


b. The condition is void because of the positive impossible condition.
c. The obligation is valid because the impossible condition is negative.
d. The obligation is void, net enforceable

A and B are jointly and severally liable to C for P20,000. A is a minor *

a. C can collect P20,000 from B


b. C can collect P10,000 from A, that is the share of B
c. C can collect P20,000 because minority is not a defense
d. C can collect P10,000 from B.

. In delicts and quasi-delicts, the defendant shall be liable for: *


a. Damages which are natural and probable consequences of the act or omission complained of whether or not such damages
have been foreseen or could have reasonably been foreseen by the offender.
b. Not only for results intended but also to their foreseen consequences.
c. Damages which may be renounced in advanced.
d. Damages intended but excluding exemplary damages.

. Statement No. 1: In solution in debiti, the contract of the parties is the basis for damages in case of non-compliance.
Statement No. 2: Negligence, as a ground for damages refers to the non-performance of an obligation with respect to time *

a. Both statements are true.


b. Both statements are false.
c. Statement No 1 is true while statement No. 2 is false
d. Statement No. 1 is false while statement No. 2 is true.

Is a person criminally liable also liable to pay civil damages to private offended party?

Yes, as a general rule, unless the crime committed does not cause civil damages.
Yes, in all cases.
No unless the People of the Philippines ask for damages.
No because criminal liability means imprisonment only.

The following are examples of vinculum or efficient cause or juridical tie of an obligation, except

Relation established by law


Relation established by contract
Relation established by quasi-contract
Relation established by quasi-delict
Relation established by delict or crime
Relation established by natural obligation

When the period is “on or before a date”, the debtor has debtor has the benefit of the period. This benefit is lost and the
obligation becomes demandable when *

a. the debtors attempts to abscond


b. after contracting the obligation, the creditor suspects the debtor to becoming insolvent.
c. the guarantee given by the debtor is not acceptable to the creditor.
d. demand by the debtor could be useless.

It is source of an obligation that refers any act or omission punishable by law?

Crime or Delict
Quasi-contract
Contract
Quasi-delict

A, a minor, and B, a capable person, bind themselves solidarity to pay X the sum of P10,000: *

a. A may be compelled to pay P10,000


b. A may be compelled to pay P5,000 only
c. B may be compelled to pay P10,000
d. B may be compelled to pay P5,000 only

Payment of the obligation by a solidary debtor shall not entitle him to reimbursement from his co-debtors. *

a. if such payment was made before the obligation is due


b. if such payment was made after the obligation has prescribed or become
illegal.
c. if such payment was made in compliance with the demand made to him by all the creditors.
d. if such payment was made after the obligation has be-' come due and demandable and notice of payment was made only
to him.

Statement No. 1: In cases of extra-ordinary inflation, the basis of payment is the value of the obligation at the time it, was
constituted. Statement No. 2: After substitution, the loss of the principal object through the fault or negligence of the debtor
shall render him liable for damages. *

a. Both statements are true.


b. Both statements are false.
c. Statement No. 1 is true while statement No. 2 is false.
d. Statement No. 1 is false while statement No. 2 is true.

. In the execution of obligation, liability for malice or bad faith: *

a. Extends to the natural consequences even it they exceed the debtor’s exceptions.
b. Extends only to results intended but excluding exemplary damages.
c. Is demandable in all obligations but may be renounce,
d. Extends not only to results intended but also to their foreseen consequences.

What is the source of obligation of parents to provide support to their children?

Law
Contracts
Quasi-contracts
Quasi-delicts
Delicts

Which of the following is a positive and real obligation?

Obligation to teach
Obligation not to smoke in public place
Obligation to deliver the goods
None of the above

The buyer has the right to the fruit of the thing from: *

a. the time the thing is delivered.


b. the time the contract is perfected.
c. the time the obligation to deliver the thing arises.
d. the time the fruits are delivered

Which of the following statements concerning obligations arising from law is incorrect?

Only obligations expressly determined in the Civil Code or in special laws are demandable.
The law cannot exist as a source of obligations unless the acts to which its principles may be applied exist.
The obligations and correlative rights arising from law shall be governed by the law by which they are created.
The obligations derived from law are presumed.

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