Pre-Test on Obligations and Contracts 6.

Which of the following is an example of a quasi-

contract?
Instructions: Choose the best answer for each question.
Write the letter of your choice on the provided answer A. Paying a loan as agreed
sheet. B. Refunding an overpayment made by mistake
C. Compensating a victim of assault
D. Donating property to a charity
1. What is the definition of an obligation under Article
1156 of the Civil Code?

A. A moral duty to give, to do, or not to do

B. A juridical necessity to give, to do, or not to do 7. What is the effect of a fortuitous event on a
C. A social responsibility to fulfill a promise determinate obligation?
D. A voluntary act of kindness
A. The obligation is extinguished if the thing is lost
without the debtor’s fault
B. The debtor remains liable despite the fortuitous
event
2. Which of the following is NOT an element of an C. The creditor can demand a substitute
obligation? D. The obligation is converted into monetary
compensation
A. Active subject (creditor)
B. Passive subject (debtor)
C. Efficient cause (juridical tie)
D. Monetary consideration
8. In a generic obligation, what happens if the object is
lost due to a fortuitous event?

A. The obligation is extinguished

3. What is the source of obligation when a person is B. The debtor must deliver another object of the same
required to pay taxes? kind
C. The creditor can demand damages
A. Contract D. The obligation becomes void
B. Quasi-contract
C. Law
D. Quasi-delict

9. Which of the following is a characteristic of a real

obligation?

4. In a contract of loan, what kind of obligation is A. It involves an obligation to do something

created? B. It involves an obligation to give a specific thing
C. It is always negative
A. Obligation ex lege D. It is unenforceable
B. Obligation ex contractu
C. Obligation ex quasi-contractu
D. Obligation ex delicto

10. What is the effect of delay (mora solvendi) on the

debtor?

5. What is the principle behind quasi-contracts? A. The debtor is excused from liability
B. The debtor becomes liable for damages
A. No one should be unjustly enriched at another’s C. The obligation is extinguished
expense D. The creditor loses the right to demand performance
B. Contracts must always be in writing
C. Only express agreements create obligations
D. Moral obligations are enforceable

11. What is required for delay (mora) to exist?

A. The obligation must be conditional

B. There must be a demand from the creditor
C. The debtor must be insolvent
D. The obligation must be gratuitous
17. What is the effect of an impossible condition?

A. The obligation is valid but unenforceable

B. The obligation is void
C. The condition is disregarded, and the obligation
12. What is the difference between dolo causante and
remains
dolo incidente?
D. The obligation becomes conditional
A. Dolo causante occurs during performance, while dolo
incidente occurs during contract formation
B. Dolo causante vitiates consent, while dolo incidente
results in breach
18. In an alternative obligation, who generally has the
C. Dolo causante is fraud in performance, while dolo
right to choose the prestation?
incidente is fraud in consent
D. Both terms refer to the same concept A. The creditor
B. The debtor
C. A third party
D. The court

13. What standard of care is required in obligations if

the parties do not stipulate otherwise?

A. Extraordinary diligence
19. What happens if one of the objects in an
B. Diligence of a good father of a family
alternative obligation is lost due to the debtor’s fault?
C. Minimal diligence
D. No standard is required A. The obligation is extinguished
B. The creditor may choose among the remaining
objects or demand damages
C. The debtor is automatically released
D. The obligation becomes void
14. What is the effect of a suspensive condition on an
obligation?

A. The obligation is immediately demandable

B. The obligation’s effectivity is suspended until the
20. What distinguishes a facultative obligation from an
condition is fulfilled
alternative obligation?
C. The obligation is extinguished
D. The obligation becomes void A. In facultative obligations, only one prestation is due,
but a substitute may be given
B. In alternative obligations, the creditor chooses the
prestation
C. Facultative obligations are always void
15. Which of the following is a resolutory condition?
D. Alternative obligations involve only generic objects
A. A condition that, when fulfilled, gives rise to the
obligation
B. A condition that, when fulfilled, extinguishes the
obligation
21. What is the presumption in obligations with
C. A condition that is impossible to fulfill
multiple debtors or creditors?
D. A condition that depends solely on the debtor’s will
A. The obligation is solidary
B. The obligation is joint
C. The obligation is void
D. The obligation is conditional
16. What happens if a potestative condition depends
solely on the debtor’s will?

A. The condition is valid

B. The condition and obligation are void
22. When does solidarity exist in an obligation?
C. Only the condition is void
D. The obligation becomes immediately demandable A. Only when the parties expressly agree
B. Only when the law requires it
C. Both A and B A. Never
D. Never B. Only if the third person has an interest in the
fulfillment of the obligation
C. Only if the creditor agrees
D. Only if the court approves

23. What is the effect of insolvency of one debtor in a

joint obligation?

A. The other debtors are liable for the insolvent

29. What is the effect of payment made to a person
debtor’s share
not authorized to receive it?
B. The obligation is extinguished
C. The creditor loses the right to collect A. It is always valid
D. Only the insolvent debtor is released B. It is valid only if made in good faith to the possessor
of the credit
C. It extinguishes the obligation only if the creditor
ratifies it
D. It is void
24. What is the purpose of a penal clause in an
obligation?

A. To punish the debtor criminally

B. To serve as a substitute for damages in case of
30. In monetary obligations, when is payment by check
breach
considered valid?
C. To extinguish the principal obligation
D. To make the obligation voidable A. When the check is issued
B. When the check is encashed or impaired through the
creditor’s fault
C. Only if the debtor is insolvent
D. Never
25. When can the penalty in a penal clause be
reduced?

A. Never
B. If the penalty is unconscionable
31. What is the rule for payment in obligations
C. Only if the debtor is insolvent
involving a determinate thing?
D. Only if the creditor agrees
A. Payment must be made at the creditor’s domicile
B. Payment must be made where the thing is located at
26. Which of the following is NOT a mode of the time of payment
extinguishing obligations? C. Payment must always be made in court
D. Payment must be made at the debtor’s workplace
A. Payment or performance
B. Loss of the thing due
C. Ratification
D. Novation
32. What is "dation in payment" (dación en pago)?

A. Payment by a third party

B. Delivery of a thing as an accepted equivalent of
27. What is required for payment to be valid? performance
C. Payment by installment
A. It must be made by the debtor personally D. Extinguishment by novation
B. The creditor must accept it in any form
C. The thing or service must be completely delivered or
rendered
D. It must always be in cash
33. What is required for compensation to take place?

A. Both debts must be unliquidated

B. One debt must arise from a deposit
28. When can a third person pay an obligation without C. Both debts must be due, liquidated, and of the same
the debtor’s consent?
kind C. Solidarity
D. The creditor must consent D. Condition

34. Which of the following debts is NOT subject to 40. What is the principle of autonomy of contracts?
compensation?
A. Contracts must be approved by the government
A. Debts arising from contracts of deposit B. Parties may establish stipulations not contrary to law,
B. Debts arising from loans morals, or public policy
C. Debts arising from sales C. Contracts are always voidable
D. Debts arising from leases D. Only written contracts are valid

35. What is novation? 41. What is the principle of relativity of contracts?**

A. Extinguishment of an obligation by payment A. Contracts bind only the parties, their assigns, and
B. Substitution or change of an obligation by another heirs
C. Termination of a contract by breach B. Contracts must be fair to third parties
D. Cancellation of a debt by the creditor C. Contracts are void if not notarized
D. Contracts must be performed immediately

36. What is required for novation to be valid?

42. What is a voidable contract?
A. The old obligation must be void
B. The new obligation must be identical to the old one A. One where consent is vitiated
C. There must be a previous valid obligation B. One where all elements are lacking
D. The creditor must be insolvent C. One that is unenforceable
D. One that is rescissible

37. What is the effect of insolvency of the new debtor

in delegation? 43. What is the prescriptive period for annulling a
voidable contract due to intimidation?
A. The old debtor is always released
B. The old debtor is liable if the insolvency was prior and A. 4 years from the time the intimidation ceases
known B. 6 years from the contract’s execution
C. The obligation is extinguished C. 10 years from the discovery of fraud
D. The creditor loses all rights D. 1 year from the contract’s ratification

38. What is legal subrogation? 44. Which contract is unenforceable under the Statute
of Frauds?
A. Substitution by agreement of the parties
B. Substitution by operation of law A. Sale of goods worth ₱500 or more not in writing
C. Substitution by court order B. Contract of donation
D. Substitution by the debtor’s unilateral act C. Contract of lease for less than one year
D. Contract of partnership

39. Which of the following is an essential element of a

contract?

A. Penal clause
B. Consent, object, and cause
45. What is the effect of ratification on an
unenforceable contract?

A. It remains unenforceable
B. It becomes void
C. It becomes valid and enforceable
D. It becomes rescissible

46. What is a void contract?

A. One that is binding until annulled

B. One that lacks essential elements or has an illegal
cause
C. One that is unenforceable without ratification
D. One that is rescissible due to lesion

47. What is the rule on absolutely simulated contracts?

A. They are valid if ratified

B. They produce no legal effects
C. They are enforceable after reformation
D. They are voidable

48. What is the principle of pari delicto?

A. Both parties are equally at fault, and the court will

leave them as they are
B. The innocent party may recover what they gave
C. The guilty party is penalized
D. The contract is automatically ratified

49. What is an example of a natural obligation?

A. Payment of a loan after it has prescribed

B. Performance of a void contract
C. Fulfillment of a penal clause
D. Payment of a negotiable instrument

50. What is laches?

A. A defense where a party’s delay prejudices the

opponent
B. A mode of extinguishing obligations
C. A type of voidable contract
D. A form of compensation