MT Oblicon Soriano Answer PDF

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NOTE: Question then Answer, please highlight yellow. 15 PERSONS ONLY- HUWAG I DISSEMINATE SA IBA!!! KUNG WALANG AMBAG WAG MAG CTRL F CHARTUTORIAL 100 ITEMS Question: Article 1156 of the Civil Code defines an obligation as a Ans: Juridical necessity to give, to do or not to do Question: The obligee h...

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NOTE: Question then Answer, please highlight yellow. 15 PERSONS ONLY- HUWAG I DISSEMINATE SA IBA!!! KUNG WALANG AMBAG WAG MAG CTRL F CHAR TUTORIAL 100 ITEMS 1. Question: Article 1156 of the Civil Code defines an obligation as a Ans: Juridical necessity to give, to do or not to do 2. Question: The obligee has a right to enforce the obligation against the obligor in a court of law Ans: Civil Obligation 3. Question: This is based on equity and justice Ans: Natural obligation 4. Question: Which of the following is a civil obligation? Ans: A obliges himself to pay B P10,000 on October 20, 2021 5. Question: A natural obligation under the new civil of the Philippines is one which Ans: Cannot be judicially enforced but authorizes the oblige to retain the obligor’s payment performance 6. Question: If a pregnant woman passenger of a bus were to suffer an abortion following a vehicular accident due to the gross negligence of the bus driver, she and her husband can claim as damages from the bus company for the death of their unborn child, except Ans: Actual damages in the form of indemnity for the loss of life off the unborn child 7. Question: Which of the following is not considered as quasi-contract? Ans: When in fact the manager has been tacitly authorized by the owner 8. Question: Mr. Reyes owes Mr. Cruz P500,000.00 payable on Jan. 31, 2018. Which of the following is correct? Ans: If Mr. Reyes Dies Before Jan. 31, 2018, Mr. Cruz cannot collect from the heirs of Mr. Reyes. 9. Question: Specific performance may not be possible in this civil obligation. Ans: A, a painter, obliges himself to paint the portrait of B on January 8, 2018 10. Question: Specific performance may not be possible in the civic obligation Ans: A, a painter, obliges himself to paint the portrait of B on January 8, 2018

11. Question: Berto, Cardo and Danny are solidarily debtors of Amado, Twelve (12) years after the obligation became due and demandable. Berto paid Amado and later on asked for reimbursement of Cardo’s and Danny’s shares. Is Berto correct? Why Ans: No, because the obligation has already prescribed 12. Question: May the suit filed by a passenger who was hurt against the operator of a public utility vehicle still prosper even if the driver was acquitted bby the court? Ans: Yes, it is sufficient for him to prove his existence of the contract of carriage and the injuries suffered 13. Question: If the law or contract does not state the negligence which is to ne observed in the performance of an obligation, the obligor is expected to observe. Ans: Ordinary Diligence 14. Question: A source of obligation not arising from law Ans: Contract 15. Question: Culpa Aquiliana as distinguished from culpa contractual Ans: The source of liability is the defendant's negligent act or omission itself 16. Question: On December 1, 2018, Mr S agreed to pay a car worth P1,000,000 to Mr B. The car will be delivered for Mr B on December 31, 2018. Over to december 31, 2018 what kind of right does Mr. B poses Ans: Personal Right 17. Question: Assume further deliver was need made to Mr. B. What kind of right does he now possess? Ans: Real right binding against the whole world 18. Question: Andrew sold his laptop for P20,000 to Bobby. There was no fixed date for the performance of the obligations of both parties. The obligation of the seller is: Ans: To deliver the laptop after receiving the payment 19. Question: I agreed to pay his debt in case of nonpayment to render free service as a servant, is the obligation valid Ans: Yes, in so far as the obligation to pay but not as regards the undertaking to render domestic services for free. 20. Question: A possessor of a thing not as an owner, becomes the possessor as owner Ans: Traditio brevi-manu 21. Question: A possessor of a thing as an owner retains possession no longer as an owner but in some other capacity Ans: Traditio constitution possessorium

22. Question: A is obliged to give B his specific car on December 31,2016. There was no delivery and on January 4, 2017 the garage of the car collapsed due to heavy rains and strong winds of Typhoon Pining, and the car was totally destroyed. Is A still liable? Ans: No, because there was no demand by B to deliver the car 23. Question: Mr. Zy, a famous couturier bound himself to deliver to Ms. Zhaza the party gown she is supposed to wear on the celebration of her 18th birthday on January 17,2017. Mr. Zy failed to deliver therefore: Ans: He has already incurred in delay 24. Question: In obligations to give a determinate thing, what degree of diligence must be exercised in taking care of the thing? Ans: Diligence of a good father of a family 25. Question: Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. What is the nature of liability of D’s employer under the Revised Penal Code? Ans: Subsidiary 26. Question: Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. Can D’s employer relieve himself of liability arising from quasi-delict? Ans: Yes, if he proved due diligence of a good father of a family in the selection and supervision of D. 27. Question: Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. if the heirs of P and Y sue for breach of contract , against whom can it be brought? Ans: D’s employer only 28. Question: Ariel was injured while he was a passenger in a bus operated by X Co. The proximate cause of the accident was a tire blowout causing the driver to lose control of the wheel as the bus fell into a ditch. Can the operator now relieve from liability by claiming that the real cause of the accident was a fortuitous event? Ans: No, Tire blowouts cannot be classified as a fortuitous event per se within the meaning of the law. 29. Question: On Feb. 1, 2019, Ross borrowed from Chandler P1,000 payable on Mar 1, 2019. On Apr. 1, 2019, Chandler demanded Ross to pay. How much should Ross pay Chandler? Ans: P1,000 only 30. Question: This obligation is demandable at once when it Ans: Has a resolutory condition 31. Question: When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed with a Ans: Period 32. Question: To whose benefit is a period presumed to be designated? Ans: Of both the creditor and the debtor 33. Question: Within what period must recovery be made if the debtor did not know that payment is not yet due?

Ans: Before maturity with regard to what was paid and even after maturity with regard to the interest 34. Question: Marivic borrowed P5,000 from Chona in February 2016. The debt is evidenced by a promissory note executed by Marivic wherein she promised to pay as soon as she has money or as soon as possible. Chona has made repeated demand upon Marivic for payment, but up to now, no payment has been made. What is Chona’s remedy? Ans: Ask the court to fix the duration of the term or period. 35. Question: The obligation is demandable at once Ans: With a period diem 36. Question: What are the requisites of a condition? Ans: Futurity and uncertainty 37. Question: This is an obligation with a resolutory condition Ans: 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. 38. Question:Kokoy obliged himself to give Biboy his brand new fossil watch if the latter cannot make a circle that is at the same time a square. Ans: The obligation is valid because the impossible condition is negative. 39. Question: When the thing improves pending the fulfillment of the suspensive condition with the expense of the debtor, the improvement shall inure to the benefit of: Ans: the creditor 40. Question: Apple promised to sell her house and lot in Cebu to Bubble if the latter decides to live in Cebu. This obligation is: Ans: With suspensive potestative condition on the part of the creditor and is therefore valid. 41. Question: A condition which is imposed on an obligation will be disregarded and will therefore make the obligation immediately demandable. Ans: If Lulu will not rise from the dead. 42. Question: Facultative as distinguished from alternative obligation. Ans: The right of choice is given only to the debtor. 43. Question: Which of the following is wrong in alternative obligation Ans: The right of choice belongs to the creditor, unless it has been expressly granted to the debtor. 44. Question:In Facultative obligations, if substitution has been made, which of the following is false? Ans: The obligation is extinguished 45. Question: On april 25,2019. Darren promised to deliver to Karlos either, a goat ,a hen, or a dog on May 5, 2019. The right to choose was given to Karlos. After a typhoon. Darren lost without his fault the goat and the hen. Two days later, the dog died after fed it with poision. What can karlos choose to delivered when? Ans: Price of a dog 46. Question:A, B and C executed a promissory note binding themselves 10 pay P9,000 to X, Y, and Z. The note is now due and demandable . Can the creditors proceed, A alone for the payment of the entire debt? Ans: No each creditor can collect only P1,000 from A

47. Question:Jane, Jean, and Jenny are debtors of Jack, Jaq, and Jak, in the amount of P900,000. Jane’s obligation Ans: Pay jack P100,000 48. Question: X,Y, and Z solidarity owe A, B, C, D, joint creditors P30,000. How much can A collect from X? Ans:P7,500 only 49. Question: A, B, and C are joint debtors of joint creditors, W, X, Y and Z, in the amount of 300,000. How much can W and X collect from B ? Ans: 50,000 50. Question: D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a substitute. Which of the statements below is true? Ans: If the ring is lost through a fortuitous event before substitution, the obligation is extinguished 51. Question: D promised to give C 10 sacks of rice when X, C's father, dies. The obligation of D to C is Ans: An obligation with a period 52. Question: X borrowed P15,000 from Y. On the due date, X was not able to pay but she promised to give Y a specific ring, a specific bracelet, or a specific necklace, in payment of the debt. Y accepted the offer of X. The new obligation of X is considered as Ans: Alternative Obligation Questions 53-55 A, B, C and D owe W, Y, and Z P 9,000. On maturity how much can W collect from A? 53. Question: If debtors are joint and creditors are joint Ans: 750 54. Question: If debtors are joint and creditors are solidary Ans: 2,250 55. Question: If debtors are solidary and creditors are joint Ans: 3,000 56. Question: Using the same data in No. 52 but the share of debtors A, B, C, and D in the indebtedness is 1:2:3:4 and creditors X, W, and Z is 2:3:5. How much can Y collect from B if debtors are joint and creditors are joint? Ans: 540 57. Question: How much can Z collect from D, if debtors are solidary and creditors are joint? Ans: 4,500 58. Question: How much should A pay W, if debtor are joint and creditors are solidary? Ans: 900 59. Question: Atoy, Bitoy, and Caloy solidarily owe Wally and Jose, solidary creditors Php 360,000, where the share of the debtors is 1:2:3 while the creditors is 1:2. The terms of the contract provide: 1. A will pay if Y will pass the October 2018 CPA board exams 2. B will pay on June 10, 2018 3. C will pay January 15, 2018

On January 15, 2018, Wally will collect from: Ans: Bitoy - Php 180,000 60. Question: Using the above data, Wally is obligated to give to Jose: Ans: Php 120,000 61. Question: Assuming Y passed the October 2018 CPA Board Exams, Jose can collect from Ans: Bitoy - Php 45,000 62. Question: 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 negligence of A, the properties of X were damaged. The liability therefore to X for damages shall be: Ans: Both shall be solidarily liable 63. Question: Ramon, Simon and Tonyo bound themselves solidarily to pay Pipot the sum of P10,000.00. When the obligation became due and demandable. Pipoy sued Ramon for the payment of P10,000.00. Ramon moved to dismiss on the ground that there was failure to implead Simon and Tonyo who are indispensable parties. WIll the notion to dismiss prosper? Why? Ans: No, because the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. 64. Question: A and B are jointly liable to deliver a particular car valued at P200,000 to C on Jan 17, 2018. Which is correct? Ans: The liability of A and B is joint and that damage may be assessed only against the debtor who violated the obligation 65. Question:Rudolf borrowed P1M from Rodrigo and Fernando who acted as solidary creditors. When the loan matured Rodrigo wrote a letter to Rudolf demanding payment of the loan directly to him. Before Rudolf could comply, Fernando want to see him personally to collect and be paid him. Did Rudolf make a valid payment Ans: No, since Rodrigo, the other solidary creditor. Already made a prior demand for payment from Rudolf. 66. Question:Mara and Clara borrowed P6,000 from Anna, Karen, and Nina. In case of active solidarity. How much can Karen demand from Clara if Mara is insolvent? Ans: 3,000 67. Question: Individuality as distinguished from solidarity. Ans: Refers to the prestation which constitutes the object of one obligation 68. Question: Which of the following situations will a demand by the creditor be necessary in order that delay may exist? Ans:When the obligor requested for an extension of time 69. Question: D is indebted in the amount Php 100,000 to C. The obligation is perfected on January 1, 20X0. D paid the obligation on December 31, 20X0. When will the legal interest start to accurate? Ans: July 1, 20X0 70. Question: A, B, and C wrote and signed a promissory note which states “I promise to pay X Php 3,000.” At the maturity date of the note, X wrote a letter to B condoning his obligation, How much of obligation is extinguished by remission? Ans: Php 1,000

71. Question: A, B, and C wrote and signed a promissory note which states “I promise to pay X, Y and Z Php 6,000.” At the maturity date of the note, how much may X collect from A? Ans: Php 2,000 72. Question: D borrowed from C a sum of money with a stipulated rate of interest to be paid in three equal monthly installments from January to March, D paid an amount for which the latter issued a receipts stating that the payment is for the month of February. In this case: Ans: The installment for the month of January dispubbly presumed paid 73. Question: In the preceding case, suppose the receipt does not mention the payment of the interest, it is: Ans: Prima facie presumed to have been paid. 74. Question: The following are special forms of payment, except Ans: Compensation 75. Question: Which of the following refers to a determinate thing? Ans: Car with engine number 143-245 76. Question: It refers to the mode of extinguishment of right to file an action or obligation by the mere lapse of time fixed by law Ans: Prescription 77. Question: It refers to such currency which is given jurisdiction can be use for the payment of debts, public or private, and which cannot be refused by the creditor Ans: Legal tender 78. Question: Where shall payment of an obligation be made? Ans: Place designated in the obligation. 79. Question: Where shall payment of an obligation to deliver a determinate thing be made if there is no express stipulation as to the place of payment? Ans: Wherever the thing might be at the moment the obligation was constituted or perfected. 80. Question: Where shall payment of an obligation to deliver an indeterminate thing be made if there is no express stipulation as to the place of payment? Ans: Domicile of the debtor. 81. Question: D obtained from ABC Bank a loan P12,000,000 payable at the end of 10 years. Before maturity, an extraordinary inflation supervened causing the value of the debt to fall to P4,000,000 on the date of maturity. On due date, D must pay ABC Bank Ans: P36,000,000

82. Question: M owes P10,000. The obligation is evidenced by a promissory note. Subsequently, P assigned the note to A, A to B, B to C, and C back to M. The obligation of M is extinguished by Ans: Confusion 83. Question: A, B and C solidarily owe D and E P30,000. D remitted the entire obligation in favor of A without the consent of E. The effect is Ans: A can recover from B and C because remission on her favor extends to the benefit of B and C 84. Question: What is the nature of condonation or remission? Ans: It is essentially gratuitous and requires the acceptance by the obligor. 85. Question: Dation in payment is a mode of extinguishing obligation shall be governed by the provision of Ans: Law on Sales 86. Question: The following are the special forms of payment, except Ans: Tender of payment and consignation 87. Question: When is there no loss of the thing due? Ans: When it is in possession of another person 88. Question: Payment by cession as distinguished from dation in payment Ans: The effect is to release the debtor for the net proceeds of the things ceded or assigned 89. Question: It refers to a special type of payment which involves the voluntary abandonment of the universality of the property of the property of the debtor for the benefit of his creditors, in order that such property may be applied to the payment of the credits. Ans: Both debtor and creditor 90. Question: Who has the right to application of payments? Ans: Debtor 91. Question: It presupposes not only that the obligor is able, ready and willing, but more so in the act of performing his obligation. Ans: Tender of Payment

92. Question: What is the remedy of the debtor if the creditor to whom tender of payment has been validly made refuses without just cause to accept it? Ans: Consign or deposit the thing or sum due to the court 93. Question: Who shall shoulder the expenses of a valid consignation? Ans: Creditor

94. Question: Legal compensation is allowed when one of the debts Ans: Arises from the sale of real property made by a minor or an incapacitated person 95. Question: X, husband and Y, wife are legally separated. By order of the court which decreed the legal separation, X is obliged to give a monthly support of P20,000 to Y payable in advance within the first five days of the month. Y owes X P20,000 by way of loan. On the other hand, X has not yet given Y’s support of P20,000 for the preceding month and another P20,000 for the present month. All the debts are due. Based on the foregoing facts, which of the following statements is incorrect? Ans: If Y demands her support for the current month, X may claim compensation as regards the loan that Y owes him. 96. Question: Which of the following statements pertains to facultative obligation? Ans: It is a compensation which can be claimed by one of the parties who, however, has the right to object it, such as when one of the obligations has a period for the benefit of one party alone and who renounces that period so as to make the obligation due 97. Question: Upon the proposal of the third person, a new debtor substituted the original debtor without the latter’s consent. The creditor accepted the substitution. Later, however, the new debtor become insolvent and defaulted in his obligation. What is the effect of the new debtor’s default upon the original debtor? Ans: The original debtor is freed of liability since novation took place and has relieved him of his obligation 98. Question: Dina bought a car from Jai and delivered a check in payment of the same. Has Dina paid the obligation, why? Ans: No, not yet. The delivery of promissory note payable to order or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. 99. Question: In delegacion, may the insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, revive the action of the latter against the original obligor? Ans: NO as a general rule except in two cases: 1) when said insolvency was already existing and of public knowledge when he delegated his debt, or 2) when said insolvency was already known to the original debtor when he delegated his debt 100.

Question: Novation of obligation may take place by the follo...