LAW ON OBLIGATIONS PDF

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BL-LAW ON OBLIGATIONS Obligations may arise from any of the following, except: a. Contracts b. Quasi-contracts c. Law d. Negligence A juridical necessity to give, to do or not to do a. Civil Obligations b. Natural Obligations c. Moral Obligations d. Social Obligations It is the voluntary administrat...

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BL.M-1401 LAW ON OBLIGATIONS 1. Obligations may arise from any of the following, except: a. Contracts b. Quasi-contracts c. Law d. Negligence 2. A juridical necessity to give, to do or not to do a. Civil Obligations b. Natural Obligations c. Moral Obligations d. Social Obligations 3. It is the voluntary administration of property of another without his consent a. Negotiorum Gestio b. Solutio Indebiti c. Quasi Delict d. Contract 4. It is a wrong committed without any pre-existing relations between the parties a. Natural Obligations b. Quasi Delict c. Quasi Contract d. Culpa Contractual 5. The following are the requisites of an obligations, except: a. Passive Subject, Debtor or Obligor b. Active Subject, Creditor or Obligee c. Efficient Cause d. Presentation 6. Where A voluntarily takes charge of the neglected business of B without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is a: a. Quasi Delict b. Quasi Contract c. Negotiorum Gestio d. Solutio Indebiti 7. It is a thing that is particularly designated or physically segregated from all others of the same class: a. Generic Thing b. Indeterminate Thing c. Determinate Thing d. Real Thing

8. The sources of liability for damages are the following, except: a. Fraud b. Negligence c. Delay d. Quasi-Delict 9. They give a right of action to compel their performance a. Civil Obligation b. Moral Obligations c. Natural Obligations d. Social Obligations 10. This is based on equity and justice a. Civil Obligation b. Moral Obligations c. Natural Obligations d. Social Obligations 11. The efficient cause or juridical tie why the obligations exists a. Active Subject b. Passive Subject c. Prestation d. Vinculum 12. The following are sources of obligation derived from law, except: a. Contract b. Quasi Contract c. Delicts d. Quasi Delicts 13. The duty to pay taxes and to support one’s family are obligations arising from a. Law b. Contracts c. Quasi Contracts d. Delicts 14. Damages awarded for mental and physical anguish a. Moral b. Exemplary c. Nominal d. Temperate 15. Damages awarded to vindicate a right a. Liquidated b. Actual c. Nominal d. Exemplary 16. When the exact amount of damages cannot be ascertained a. Exemplary

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b. Liquidated c. Temperate d. Moral Damages predetermined beforehand a. Temperate b. Liquidated c. Actual d. Moral The creditor has a right that is enforceable against a definite passive subject. This right is known a. Personal Right b. Real Right c. Natural Right d. Civil Right The obligee has a right to enforce the obligations against the obligor in a court of law a. Civil Obligation b. Moral Obligations c. Natural Obligations d. Social Obligations The duty not to cover what has voluntarily been paid although payment was no longer required a. Civil Obligations b. Natural Obligations c. Moral Obligations d. Juridical Obligations Cannot be enforced by court action and depend exclusively upon the good conscience of the debtor a. Civil Obligations b. Natural Obligations c. Moral Obligations d. Juridical Obligations The obligations of husband and wife to render mutual help and support arises from a. Contract b. Law c. Quasi Contract d. Quasi Delict Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of: a. Both of the creditor and debtor b. The creditor c. The debtor d. the third party One of the following is a specific thing:

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a. Toyota Fortuner car b. Mitsubishi Outlander car c. Isuzu Altera d. An old yellow jeep with plate number ABC123 This refers to delay on the part of the creditor a. Mora Solvendi Ex re b. Compensatio Morae c. Mora Solvendi Ex Persona d. Mora Accipiendi It refers to a joint obligations: a. One in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligations b. One in which either one of the parties is indispensable or the other is not necessary. c. One in which the obligation of one is a resolutory condition of the other, the nonfulfilment of which entitles the other party to rescind the contract d. One in which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit When the fulfilment of the condition depends upon the sole will of the debtor, the conditional obligations shall be: a. Voidable b. Unenforceable c. Valid d. Void Unless the law or the stipulation of the parties requires another standard of care, the obligation to give a thing carries with it the obligation to take care of it with: a. Extra-ordinary diligence b. Degree of care agreed upon by the parties c. Diligence of a Good Father of a Family d. Diligence of a Good Family of a Father A entered into a contract with B by which A promised to deliver at a price stipulated in the contract. Such delivery is made on February 14, 2001 with penalty in case of default. In this case, no further demand by B on A is necessary to consider A in delay because: a. Time is of the essence of the contract b. The obligation expressly so provides c. The demand would be useless d. Answer not given If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by: a. Assignment of property b. Consignation of the thing or sum due c. Adjudication or dacion en pago d. Condonation

31. A executes a promissory note in favour of B who subsequently indorsed it in favour of A. The obligation to pay the promissory note is thereby extinguished because there is? a. Confusion or Merger b. Novation c. Remission d. Compensation 32. The distinction between conventional subrogation and assignment is that in conventional subrogation: a. It is a mere cession of right b. An obligation is extinguished and another appears c. The same obligation, without being extinguished d. The debtor’s consent is necessary 33. If the obligor binds himself to perform his obligations as soon as “he shall have obtained the loan” from a certain bank, this obligation is: a. With a term b. Conditional c. Suspensive d. Resolutory 34. It presupposes not only that the obligor is able, ready and willing but more so, in the act of performing his obligation: a. Promissory Note b. Tender of Payment c. Bill of Exchange d. Obligation to Sell 35. Acceptance of a commercial document is equivalent to payment a. The check has been received as payment b. The check became valueless because of the creditor’s fault c. The check is a manager’s check or cashier’s check d. The promissory note is used as payment 36. The debtor shall lose every right to make use of the period except: a. When after the obligation has been contracted he becomes insolvent, unless he gives a guaranty or security for the debt b. When he does no furnish a guaranty or security for the debt c. When the debtor attempts to abscond d. When he violates any undertaking in consideration of which the creditor agreed to the period. 37. When the debtor binds himself to pay when his means permits him to do so is one: a. With a condition dependent upon the debtor’s will b. With the resolutory period upon the debtor’s will c. With the suspensive period dependent upon the debtor’s will d. With the condition to be fixed by court 38. When the debtor binds himself to pay when his means permits him to do so, the obligations is:

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a. Conditional b. Pure c. Simple d. With a Period In three of the following cases, advance payment by the debtor is not recoverable. Which is the exception? a. The obligation was not yet due and demandable but the debtor believed it was already due and demandable b. The payment is only for interest and credited for the proper period c. The advance payment was made by both parties reciprocally d. The debtor was aware of the period This is payment in kind: a. Consignation b. Payment by cession c. Dation en pago d. Application of payment When the obligation is extinguished because of the passage of time: a. Fulfilment of resolutory condition b. Arrival of resolutory period c. Prescription d. Rescission 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 Unless the law or the stipulation of the parties require another standard of care every person obliged to give something is also obliged to take care of it with proper diligence a. Observing utmost care b. Observing extraordinary care c. Of a father of a good family d. Observing ordinary diligence Ordinary diligence is a. Diligence of a good father of a family b. Extraordinary diligence c. Diligence required by law d. Diligence of a father of a good family The following are kinds of fruits of an obligations, except a. Natural b. Civil c. Industrial

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d. Penal Spontaneous products of the soil and the offspring and other products of animals a. Natural b. Industrial c. Civil d. Penal The following except one, are included in civil liability. The exception is a. Restitutution b. Reparation c. Indemnification d. Compensation The obligation begins only from a day certain or upon arrival of the period a. Ex die b. In diem c. Conditional d. With a period In a joint obligation, joint means any of the following, except a. Pro rata b. Proportionate c. Mancomunada simple d. Individually and collectively Where two or more prestations have been agreed upon, and all of them must be performed, the obligation is a. Alternative b. Facultative c. Conjoint d. Solidary The transfer to a third person of all the rights appertaining to the creditor including the right to proceed against the guarantors, or possession of mortgages, subject to any legal provision or modification that may be agreed upon a. Novation b. Delegacion c. Expromission d. Subrogation Compensation cannot take place, except a. When one debt arises from the obligation of a depositary b. when one debt arises from the obligations of a bailee in a commodatum c. when one debtarises because a claim for support due to gratuitous title d. when one debt arises from a bank deposit’ Action where a person in possession of certain property may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

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a. Garnishment b. Interpleader c. Injunction d. Attachment X is under obligation to deliver Y’s car to the latter. However, before delivery Z destroys the car. Which is incorrect? a. X’s obligation to deliver the car to Y is extinguished b. X is allowed to recover from Z c. Y has the right to bring an action against Z d. X is not obliged to give Y an equivalent value of the car When the debtor binds himself to pay when his means permits him to do so, the obligation is a. Conditional b. pure c. Simple d. With a period Ray signs a promissory note and binds himself to pay Rex P100,000 plus 15% per annum interest on June 30, 2014. a. Before June 30, 2014, Rex can demand payment b. If on June 30, 2014 Ray is paying Rex, the latter can refuse payment c. Ray can compel creditor Rex to accept payment before June 30, 2014 d. Because the period is for the benefit of the debtor and creditor, Rex can refuse any tendered payment before June 30, 2014 The debtor shall lose the right to make use of the period in the following cases, except: a. When he becomes insolvent b. When he violates any undertaking in consideration of which the creditor agreed to the period c. When the debtor attempts to abscond d. When he does not furnish any guaranty or security to the creditor D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a substitute. Which is TRUE? a. If the ring is lost through a fortuitous event before substitution, the obligation is extinguished b. If the bracelet is lost through a fortuitous event before substitution, the obligation is extinguished c. If the ring is lost through a fortuitous event after substitution, the obligation is extinguished d. If the ring is lost through the debtor’s fault after substitution, the debtor shall pay damages. A entered into a contract with B by which A promised to deliver at price stipulated in the contract. Such delivery is to be made on February 14, 2001 with penalty in case of default. In this case, no further demand by B on A is necessary to consider A in delay because: a. Time is of the essence

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b. The obligation expressly so provides c. The demand would be useless d. Answer not given When the period is “on or before a date”, the debtor has the benefit for the period. This benefit is lost and obligation becomes demandable when a. The debtor attempts to abscond b. After contracting the obligations, the creditor suspects the debtor of becoming insolvent c. The guarantee given is not acceptable by the creditor d. Demand by creditor is useless One of the following shall produce the effect of payment of debts a. Delivery of checks b. Tender of central bank notes c. Delivery of promissory Note d. Dacion en Pago A promissory note signed by A dated March 15, 2015 is worded as follows “ I promise to pay B the sum of fifty thousand pesos provided that if she should fail in October 2015 CPA Exam, 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. Answer not given Which of the following is not considered as quasi contract? a. Solution Indebiti b. When the third person without the knowledge of the debtor, pays the debt c. Negotiorum Gestio d. Reimbursement due to a person who saved the property during fire or storm without the owner’s knowledge In tender and consignation, if after consignation is made, the creditor allows the debtor to withdraw the thing deposited in court, which is not true? a. Co-debtors, guarantors and securities are released from the obligation unless they consented b. The obligation remains to subsist c. The obligation is extinguished d. None of the above. D owes C P10,000 payable December 25, 2015. Later D forced C to sign a promissory note for P10,000 payable on December 25, 2015. If all other requisites of compensation are present, are both debts extinguished? a. Yes, under legal compensation b. No, B’s consent was obtained by force c. Yes, with the approval of the court d. Answer not given.

66. X has been missing for some time leaving no one to manage his properties. A and B jointly took charge of the management thereof. However, due to the fault of A, the properties of X were damaged. The liability therefore to X for damages shall be: a. Only A shall be liable b. Both shall be jointly liable c. Both shall be solidarily liable d. They are not liable since x is at fault 67. A owes B sum of money evidenced by a promissory note which has prescribed. X, without the knowledge of A, paid B his debt. Later A reimbursed X for the payment of the latter to B although he has no obligation to do so. a. A can recover his reimbursement to X to prevent unjust enrichment on X’s part at the expense of A b. A cannot recover because he has the civil obligation to reimburse X for the latter paid his debt to B c. A cannot recover because the payment partakes of natural obligation d. A cannot recover since there was reimbursement by mistake 68. A bought strawberry jams from a grocery store of Ray Moon Ace Calla Lily Corp. and was hospitalized due to food poisoning as a result of toxic substance contained in the said jam sold by the Ray Moon Ace Calla Lily Corp. A is now suing the said corporation for damages. Decide: a. A has no right to claim damages from the producer because there was no contract between them. b. Ray Moon Ace Calla Lily Corp., is not liable to A because the latter was negligent in eating the straw berry jams despite the presence of harmful substance therein. c. A must claim damages from the grocery store because under quasi – contract due to its negligence in the preparation of the strawberry jams causing damage to A. d. Ray Moon Ace Calla Lily Corp. is liable for damages under Quasi – delict due to its negligence in the preparation of the strawberry jams thus causing damage to A 69. In three of the following cases, advance payment by the debtor is not recoverable. Which is the exception? a. The obligation was not yet due and demandable but the debtor believed it was already due and demandable. b. The payment is only interest and credited to the proper period. c. The advance payments were made by both parties reciprocally. d. The debtor was aware of the period. 70. When the debtor abandons or transfers all his properties to his creditors so that the creditors may sell the properties and out of the net proceeds the creditors recover their claims, this is called: a. Dacion en pago b. Tender of payment and consignation c. Payment by cession d. Remission 71. Debtor’s default in real obligation

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a. Mora accipiendi b. Mora solvendi ex- re c. Mora solvendi ex persona d. Compensatio morae 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 Novation which changes the object or the principal condition of the obligation a. Real b. Personal c. Mixed d. Partial Novation which changes the parties to the obligation a. Real b. Personal c. Mixed d. Partial Novation which changes the object and parties of the obligation a. Real b. Personal c. Mixed d. Partial The act of putting somebody onto the shoes of the creditor enabling him to exercise all the rights and action that could have been exercised by the latter. a. Agency b. Partnership c. Subrogation d. Novation XYZ are jointly and severally liable to Andrew for P30, 000 which matures on June 15, 2013. On May 1, 2013, X paid Andrew for the whole amount of the debt. If on Dec. 1, 2013, X will be reimbursed by Y, the latter will be liable for: a. P10, 000 with interest from June 15, 2013 to December 1, 2013 b. P10,000 without interest c. P10,000 with interest from May 1, 2013 to June 15, 2013 d. P10,000 with interest from May 1,2013 to Dec. 1, 2013 A, B and C solidarily debtors owe solidary creditors X and Y P299, 999. 00.X remitted the entire obligation in favor of A. The effect is: a. The obligation is not extinguished until A collects from B and C. b. The obligation is not yet extinguished until Y is paid by X his share of the credit.

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c. A cannot recover from B and C because remission in his favour extend to the benefit of B and C under the principal of “all for one and one for all” d. A can recover from B and C their respective share of the debt. A owes B P150, 00 due on October 31, 2013. A executed a mortgaged in favor of B on A’s building to guaranty the obligation. On October 18, 2013, B demanded payment from A. is B’s demand valid? a. No. The obligation is one with a definite period, thus the creditor cannot demand fulfilment of the obligation before it due. b. No. The mortgage was extinguished because of the contract was lost even though through a fortuitous event. c. Yes. The debt becomes due at once because the guarantee was lost even though through a fortuitous event, unless the debtor can mortgage another performance even before the due date. d....