front 1 The following are the requisites of an obligation, except | back 1 D. Demand |
front 2 The right of the creditor that is enforceable against a definite
debtor is | back 2 D. Personal right |
front 3 Which of the following is a civil obligation? | back 3 A. X obliges himself to pay Y P10,000 on October 30, 2009. |
front 4 Specific performance may not be possible in this civil
obligation | back 4 A, a painter, obliges himself to paint the portrait of B on April 9, 2009 |
front 5 The source of obligations which is a rule of conduct, just and
obligatory, promulgated by | back 5 D. Law |
front 6 A juridical necessity to give, to do or not to do | back 6 Civil obligation |
front 7 They give a right of action to compel their performance | back 7 Civil obligation |
front 8 The obligee has a right to enforce the obligation against the obligor
in a court of law | back 8 Civil obligation |
front 9 This is based on equity and justice | back 9 C. Natural obligation |
front 10 The person in whose favor the obligation is constituted | back 10 Obligee |
front 11 Which are synonymous to obligee? Choose 2. | back 11 1. Creditor 2. Active subject |
front 12 The person who has the duty of giving, doing or not doing. | back 12 B. Obligor |
front 13 Which are synonymous to obligor? Choose 2. | back 13 3. Debtor 4. Passive Subject |
front 14 The object or subject matter of the obligation | back 14 A. Prestation |
front 15 The person in whose favor the obligation is constituted | back 15 B. Obligee |
front 16 The efficient cause or juridical tie why the obligation
exists | back 16 D. Vinculum |
front 17 The duty not to recover what has voluntarily been paid although
payment was no longer B. Natural obligation C. Moral obligation D. Juridical obligation | back 17 Natural obligation |
front 18 The following are sources of obligations derived from law, except: A. Contracts B. Quasi-contracts C. Delicts D. Quasi-delicts | back 18 Contracts |
front 19 Cannot be enforced by court action and depend exclusively upon the
good conscience of the B. natural obligation C. moral obligation D. social obligation | back 19 Natural obligation |
front 20 Which statement is correct: A owes B P1,000. A, knowing that the debt has prescribed,
nevertheless, still pays B. Can A Yes, because B has no right to demand the payment effected by A. No, the payment extinguished the natural obligation. | back 20 Only the second is correct |
front 21 The duty to pay taxes and support one’s family are obligations
arising from | back 21 Law |
front 22 The obligation of husband and wife to render mutual help and support
arises from | back 22 Law |
front 23 A supports B, a minor, because B’s father refuses to support B. The
father is obliged to B. quasi-contracts C. delicts D. quasi-delicts | back 23 quasi-contracts |
front 24 A juridical relation resulting from a lawful, voluntary, and
unilateral act and which has for | back 24 quasi-contract |
front 25 When a person voluntarily takes charge of another’s abandoned
business or property | back 25 negotiorum gestio |
front 26 When something is received when there is no right to demand it, and
it was unduly | back 26 solutio indebiti |
front 27 True or False S1: A quasi-contract is an implied contract S2: A defendant who is acquitted in a criminal case is no longer liable civilly | back 27 S1: False [Implied contracts are formed by the conduct of two parties having intent to enter into an agreement; a contract may be implied even in the absence of a written or oral agreement. A quasi-contract is created by a court in order to avoid unjust enrichment] S2: False |
front 28 Tort or culpa aquiliana is A. Quasi-contract | back 28 Quasi-delict |
front 29 A fault or act or omission of care which causes damage to another,
there being no pre- | back 29 Quasi-delict |
front 30 Omission of the diligence which is required by the circumstances of
person, place and time. | back 30 Negligence |
front 31 Unless the law or the stipulation of the parties require another
standard of care, every person | back 31 Observing ordinary diligence |
front 32 Ordinary diligence is | back 32 Diligence of a good father of a family |
front 33 The creditor has the right to the fruits of the thing. | back 33 A. From the time the obligation to deliver it arises |
front 34 From the time the fruits have been delivered, the creditor shall
acquire | back 34 Real right |
front 35 If a thing is capable of particular designation. | back 35 Specific |
front 36 If a thing refers to a class, to a genus and cannot be pointed out
with particularity. | back 36 Generic |
front 37 A wife was about to deliver a child. Her parents brought her to the
hospital. Who should | back 37 Only the first is correct |
front 38 The following are kinds of fruits of an obligation, except | back 38 Penal |
front 39 Spontaneous products of the soil and the offspring and other products
of animals | back 39 natural |
front 40 Products of the soil through cultivation or intervention of human
labor. | back 40 industrial |
front 41 Fruits arising out of contracts- like rental payments. | back 41 civil |
front 42 When does the obligation to deliver arise? | back 42 A1: True A2: False |
front 43 A is obliged to give B 10 kilos of sugar, which of the following is
not correct? | back 43 C. A can insist on just paying B damages or the monetary value of the sugar |
front 44 Where demand by the creditor shall be necessary in order that delay
may exist. | back 44 D. When the obligor requested for an extension of time |
front 45 I - If the condition is potestative on the part of the debtor, the
obligation is void. | back 45 A. True; True |
front 46 Debtor’s default in personal obligation. | back 46 Mora solvendi ex-persona |
front 47 Default on the part of the creditor | back 47 Mora accipiendi |
front 48 Default on the part of both parties. | back 48 Compensatio morae |
front 49 A borrowed money from B payable on December 10, 2008. If A failed to
pay on due date, | back 49 C. No, because demand has not been made by B |
front 50 A obliged himself to deliver to B the following: Second Statement - In case A failed to deliver the jeepney, the court may compel A to deliver the jeepney plus damages. | back 50 Both are true |
front 51 I – If a person obliged to do something fails to do it, the same
shall be executed at his cost. | back 51 Both are true |
front 52 I - Responsibility arising from fraud is demandable in all
obligations. Any waiver of an | back 52 Both are false |
front 53 With regard to the right as to the fruits of the thing, which is
not correct? | back 53 D. If the obligation arises from the contract of sale, the vendor has a right to the fruits of the thing from the time the obligation to deliver arises. |
front 54 A is obliged to deliver his only car to B on November 20, 2009. If A
does not deliver, and | back 54 A. A is not liable because the obligation is extinguished |
front 55 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. | back 55 I - False II - True |
front 56 What is the basis of the liability of a school when a student is
stabbed inside the campus by B. Quasi-contracts C. Delicts D. Quasi-delicts | back 56 Contracts |
front 57 The consequential damages suffered by the injured person and those
suffered by his family | back 57 C. Indemnification |
front 58 Action to impugn or rescind acts or contracts done by the debtor to
defraud the creditors. | back 58 Accion pauliana |
front 59 A borrower agreed, that in case of non-payment of his debt, to render
services as a servant. | back 59 C. If the services will not be gratuitous, specific performance of
the service will be the |
front 60 A ordered B, a 10 year old boy to climb a high and slippery mango
tree with a promise to | back 60 First Answer: False Second Answer: True |
front 61 A pays for B’s transportation fare, without B’s knowledge and later
discovers that B was | back 61 D. A can recover half-fare from B only |
front 62 A borrowed P100,000 from B. the loan was secured by a mortgage of A’s
land in favor of B. Without the knowledge of A, C paid B the sum of
P100,000 for A’s debt. As a result | back 62 D. The obligation of A to B was extinguished but A should reimburse C
the amount of |
front 63 A obtained a loan from B bank. The loan was embodied in several
promissory notes. As security the borrower executed a chattel mortgage
on his standing crops. Said crops were however subsequently destroyed
by typhoon “Rosing”. Is A still liable for the loan despite the
destruction of the crops by a fortuitous event? | back 63 1st Answer: True 2nd Answer: False |
front 64 A sold a half-interest in his specific car to B. It was agreed that
the price to be paid by B would be used in installing a new engine on
the car. Later, the car was destroyed by a | back 64 1st Answer: False 2nd Answer: True |
front 65 I – A commits the crime of theft and is asked to return the car to
its owner B. If, before the car is delivered to B it is destroyed by a
fortuitous event, Is A’s liability extinguished? | back 65 I - No II - Yes |
front 66 I - There is no delay in an obligation not to do something. | back 66 I - True II - False |
front 67 I - Consent of the parties is required in quasi-contract. | back 67 I - False II - False |
front 68 The creditor has a right to the fruits of the thing from the
time | back 68 C. The obligation to deliver the thing arises |
front 69 The buyer has a right to the fruits of the thing from the
time | back 69 C. The obligation to deliver the thing arises |
front 70 Which is not considered as quasi-contract? | back 70 C. When the third person with the knowledge of the debtor, pays the debt. |
front 71 No longer enforceable by court action but is binding on the party who
oblige with it in A. Civil obligation B. Natural obligation C. Moral obligation D. Conditional obligation | back 71 B. Natural obligation |
front 72 If A pays a debt that has prescribed | back 72 Both 1 and 2 are true |
front 73 On June 24, 2009 A is obliged to give B his specific car. There was
no delivery until June 30 when the garage of the car collapsed due to
heavy rain and strong winds of Typhoon Ondoy, and the car was totally
destroyed. Is A still liable? | back 73 C. No, because there was no demand by B to deliver the car. |
front 74 This obligation is demandable at once when it B. has a suspensive condition C. is with a term ex-die. D. has a period | back 74 A. has a resolutory condition |
front 75 When the debtor binds himself to pay when his means permit him to do
so, the obligation shall be deemed to be with a B. Suspensive condition C. Potestative condition D. Period | back 75 Period |
front 76 A promise to give B his Volvo car if B passes the CPA Board Exams.
Pending the results of the exams, the car is destroyed by a fortuitous
event without any fault on the part of A, As a result | back 76 A. The obligation of A is extinguished. |
front 77 A period with a suspensive effect. | back 77 A. I will support you beginning January 1 of next year. |
front 78 A period with a resolutory effect. | back 78 B. I will support you until A dies |
front 79 The obligation begins only from a day certain or upon the arrival of
said period. | back 79 A. Ex die |
front 80 The obligation remains valid up to a time certain but terminates upon
the arrival of said | back 80 D. In diem |
front 81 Anything paid or delivered before the arrival of the period, the
obligor being unaware of the period or believing that the obligation
has become due and demandable. | back 81 C. May be recovered with fruits and interests. |
front 82 Whenever in an obligation a period is designated, it is presumed to
have been established for the benefit B. Of the creditor only C. Of the debtor only D. Of third persons | back 82 A. Of both the creditor and debtor |
front 83 This is a valid obligation. | back 83 D. A will give B P1,000 if B will not pose nude in a painting session. |
front 84 Where two or more prestations have been agreed upon but only one is due, the obligation is | back 84 Aternative |
front 85 The right of choice in an alternative obligation belongs | back 85 To the debtor |
front 86 A is obliged to give B, at A’s option either object No. 1, Object No.
2, or Object No. 3. If all objects were lost thru A’s fault, which is
correct? | back 86 B. The value of the last thing lost plus damages must be given to B. |
front 87 A is obliged to give B, at A’s option either object No. 1, Object No. 2, or Object No. 3. I - If objects nos. 1and 2 were destroyed by a fortuitous event and later object No. 3 is destroyed by A’s fault, A would still be liable. II - If objects nos. 1 and 2 were destroyed by A’s fault and later object No. 3 is destroyed by fortuitous event, A would still be liable | back 87 I - True II - False |
front 88 A is obliged to give B either objects No. 1 or No. 2 or No. 3 at B’s
option. Before B communicated his choice to A. object No. 1 had been
destroyed, thru A’s fault and object | back 88 D. Demand either object No. 3 or the price of object No. 1 plus damages. |
front 89 Any of the debtors is bound to render compliance of the entire obligation | back 89 Solidary |
front 90 In a joint obligation, joint means any of the following,
except B. proportionate C. mancomunada simple D. individually and collectively | back 90 D. individually and collectively |
front 91 In Facultative obligations, if substitution has been made, which of
the following is false? | back 91 A. The obligation is extinguished. |
front 92 6. In Facultative obligations, if substitution has been made and the substitute is lost by a fortuitous event. Which is True? A. The obligation is extinguished. | back 92 A. The obligation is extinguished. |
front 93 In Facultative obligations, if substitution has been made but the substitute is lost due to debtor's fault. Which is True? A. The obligation is extinguished. | back 93 B. The debtor is liable for damages. |
front 94 Instances where the law imposes solidary liability, except | back 94 B. obligations of bailees in commodatum. |
front 95 This will result to a solidary liability | back 95 D. quasi-delict committed by one of the partners acting in the ordinary course of business. |
front 96 Where only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is | back 96 Facultative |
front 97 Where two or more prestations have been agreed upon, and all of them
must be performed, | back 97 Conjoint |
front 98 A and B are solidary debtors of C and D, solidary creditors, to the
amount of P1,000. C can A. P1,000 from A or P1,000 from B B. P1,000 from A and P1,000 from B C. P500 from A or P500 from B D. P500 from A and P500 from B | back 98 A. P1,000 from A or P1,000 from B |
front 99 A and B solidary debtors of C and D, joint creditors, to the amount
of P1,000 – C can demand B. P500 from A or P500 from B C. P500 from A and P500 from B D. P250 from A and P250 from B | back 99 B. P500 from A or P500 from B |
front 100 A and B joint debtors of C and D, solidary creditors, to the amount of P1,000 – C can demand A. P1,000 from A or P1,000 from B B. P500 from A or P500 from B C. P500 from A and P500 from B D. P250 from A and P250 from B | back 100 C. P500 from A and P500 from B |
front 101 A and B are joint debtors of C and D, joint creditors, to the amount of P1,000 – C can demand A. P500 from A or P500 from B B. P250 from A or P250 from B C. P250 from A and P250 from B D. P500 from A and P500 from B | back 101 C. P250 from A and P250 from B |
front 102 This is synonymous to joint obligation A. Joint and several B. In solidum C. Individually and collectively D. Mancomunda simple | back 102 D. Mancomunda simple |
front 103 This is synonymous to solidary obligation A. Pro-rata B. Mancomunada C. Proportionate D. Juntos o separadamente | back 103 D. Juntos o separadamente |
front 104 A, B and C are joint debtors of D for P3,000.If A is insolvent, how
much should B pay D? | back 104 A. P1,000 |
front 105 In 2007, A, B and C bound themselves in solidum to give D P9,000
subject to the following conditions: A will pay in 2007, B, if D
passes the 2008 CPA board exams and C will pay in 2009. In 2007, how
much can D demand from C? | back 105 C. P3,000 |
front 106 A, B and C are solidary debtors of D for P3,000. D remitted C’s
share. A therefore paid later only P2,000. A can recover reimbursement
from B in the amount of | back 106 A. P1,000 |
front 107 A, B and C are solidary debtors of D for P1,000. D remitted the
entire obligation when A | back 107 D. P0 |
front 108 A, B and C are solidary debtors of D for P3,000 but A was
incapacitated to give his consent as he was a minor. If D sues B, how
much will B be liable for? | back 108 B. P2,000 |
front 109 A is indebted to solidary creditors B, C, and D, for P90,000. Without
the knowledge of B and C, D remitted the obligation of A, as a
result, | back 109 A. The obligation of A to pay P90,000 is extinguished. |
front 110 A is obliged to give B her college ring. If she fails to do so, she
must give P10,000. This is | back 110 D. Obligation with a penal clause |
front 111 Where the penalty takes the place of indemnity for the damages and
for the payment of interest. | back 111 D. Where there is breach of the obligations. |
front 112 This is an obligation with a resolutory obligation. | back 112 B. I’ll give you my car now, but should you fail in any of your subjects, your ownership will cease and it will be mine again. |
front 113 I - If the condition is potestative on the part of the debtor, the
obligation is void. | back 113 C. False; true |
front 114 A owns a house rented by B. A sold the house to C where C agreed to
pay the balance of the purchase price as soon as B leaves the
premises. It was further agreed that C will take care of seeing to it
that B vacates the house. Which is correct? | back 114 C. The contract is valid because the condition is mixed. |
front 115 I – The condition that some event happens at a determinate time shall
extinguish the obligation as soon as the time expires or it has become
indubitable that the event will | back 115 True; True |
front 116 I - A father promised to give his son if the son will marry B this year. If by the end of the year, B is already dead or the son has not married B, the obligation to give a car is effective and demandable. II - A father promised to give his daughter a car if the daughter will not marry her boyfriend earlier than December 31,2009. If by December 31, 2009, has not yet married her boyfriend, or if prior thereto, her boyfriend has died, the obligation is extinguished. | back 116 False; False |
front 117 I - Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. II - Obligations with a resolutory condition take effect at once, but terminate upon happening of the condition. | back 117 True; True |
front 118 A borrowed money from B and pledged her ring as security. It was
agreed that A was to pay the money loaned with interest at the end of
one year. Before the expiration of the one-year period. | back 118 B. A may be allowed to pay B, if B consents. |
front 119 The debtor shall lose every right to make use of the period,
except | back 119 C. When through fortuitous events or by his own acts the guaranties or securities have been impaired, unless he immediately gives new ones equally satisfactory. |
front 120 I - “We promise to pay” when there are two or more signatures=joint
liability | back 120 True; True |
front 121 A oblige himself to pay B P100,000 in 30 days plus a penalty of
P10,000 if A fails to pay the obligation in due time. A failed to pay
the obligation in 30 days, B can demand from A | back 121 A. The principal of P100,000 plus P10,000 penalty. |
front 122 The creditor is entitled to recover damages and interest in addition
to the penalty stipulated | back 122 True; True |
front 123 Where a property is alienated to the creditor in satisfaction of a debt in money. A. Dation in payment B. Payment by cession C. Application of payment D. Consignation | back 123 A. Dation in payment |
front 124 Where a debtor transfers all his properties not subject to execution
in favor of his creditors B. Cession C. Application of payment D. Consignation | back 124 B. Cession |
front 125 The act of offering the creditor what is due him together with a
demand that the creditor B. Tender of payment C. Datio in solutum D. Cession | back 125 B. Tender of payment |
front 126 The act of depositing the thing due with the court or judicial
authorities whenever the creditor cannot accept or refuses to accept
payment. B. Consignation C. Application of payment D. Datio in solutum | back 126 B. Consignation |
front 127 The meeting in one person of the qualities of creditor and debtor
with respect to the same | back 127 A. Confusion |
front 128 When two persons on their own right are creditors and debtors of each
other | back 128 B. Compensation |
front 129 This is not necessary in order that compensation may prosper. | back 129 C. That there be retention or controversy commenced by third persons and communicated in due time to the debtor. |
front 130 Compensation cannot take place, except | back 130 D. When one debt arises from a bank deposit. |
front 131 The substitution or change of an obligation by another, which
extinguishes or modifies the | back 131 C. Novation |
front 132 Novation which changes the object or the principal condition of the
obligation | back 132 A. Real |
front 133 Novation which changes the parties to the obligation | back 133 B. Personal |
front 134 Expromission, delegacion or subrogating a third person in the right
of the creditor. | back 134 B. Personal |
front 135 Novation which changes the object and parties of the
obligation. | back 135 C. Mixed |
front 136 Substitution of debtor where the initiative comes from a third
person. | back 136 B. Expromission |
front 137 Substitution of debtor where the initiative comes from the
debtor. | back 137 A. Delegacion |
front 138 The transfer to a third person of all the rights appertaining to the
creditor. | back 138 C. Subrogation |
front 139 Legal subrogation is presumed in the following. Which is
not correct? | back 139 A. When a third person, not interested in the obligation, pays with the approval of the creditor. |
front 140 I - Proof of actual damages suffered by the creditor is not necessary
in order that the penalty previously agreed upon may be
demanded. | back 140 True; True |
front 141 The obligation is demandable on the date of the obligation and shall
continue to be in force B. Suspensive period C. Indefinite period D. Legal period | back 141 A. Resolutory period |
front 142 One is not a requisite needed in order that
obligation shall be extinguished by loss or destruction of the thing
due: | back 142 B. When the thing lost is generic |
front 143 A, B and C are jointly liable to D in the amount of P9,000. D assigns
the entire credit to A. In this case: | back 143 D. A’s share in the obligation is extinguished because of confusion. |
front 144 A owes B P10,000 due on March 10, 2010. A owes B P8,000 due on March
11, 2010. A obliged himself to deliver to B a cow valued at P6,000 on
March 12, 2010. On March 13, 2010, a paid B P10,000. If A makes an
application of payment, | back 144 C. The P10,000 may be applied either to the first debt or second debt |