Oblicon Exam with Answer PDF

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1. 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 A. The obligation of A is extinguished. B. The obligation of A is converted into monetary obligation. C. ...

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1. 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 A. The obligation of A is extinguished. B. The obligation of A is converted into monetary obligation. C. The obligation of A will equitably reduce. D. A will have to give B another car of equivalent value. 2. A and B are solidary 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. 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 3. If the obligation of the debtor is “I will pay you my debt after I have arrived from abroad”, this is a. Unenforceable b. With a period c. Void d. Conditional 4. When will the debtor lose or extinguish his right to make use of the period for his fulfillment of the obligation? A. When the debtor intends to abscond. B. When the debtor does not furnish the guaranties or securities as promised to the creditor. C. When the debtor becomes insolvent after the contract of obligation. D. When guaranties or securities given have been impaired or have disappeared. E. All of these cases extinguish the right to make use of the period, the obligation becomes pure ,thus, it solidifies the right of the creditor to demand. 5. The creditor, in addition to the penalty, may recover damages and interest, EXCEPT, A. When the obligor is in guilty of fraud in fulfillment of the obligation; B. When so stipulated by the parties; C. When obligor is ordained by the court; D. When the obligor declines to pay the penalty. 6. 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 through A’s fault and Object No. 2 had been destroyed by a fortuitous event. B may: A. Demand Object No. 3 only as it is still available. B. Demand the price of Object No. 1 only plus damages because it was destroyed by A’s fault. C. Demand the value of Object No. 2 as the right of choice belongs to B. D. Demand either Object No. 3 or the price of object No. 1 plus damages. 7. A is obliged to give B her college ring. If she fails to do so, she must give P10,000. This is A. Alternative obligation B. Conjoint obligation C. Facultative obligation D. Obligation with a penal clause 8. If the obligor binds himself to perform his obligation as soon as "he shall have obtained a loan" from a certain bank, this obligation is: a. With a Term b. Conditional c. Suspensive

d. Resolutory 9. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is a. Unenforceable b. With a Period c. Void d. Conditional 10. This is a valid obligation. A. A will give B P100,000 if B will kill C. B. A will give B P1,000,000 if B will agree to be the mistress of A. C. A will give B P100,000 if B can make C rise from the dead. D. A will give B P1,000 if B will not pose nude in a painting session. 11. 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? A. The value of the first thing lost plus damages must be given to B. B. The value of the last thing lost plus damages must be given to B. C. The value of any of the things lost plus damages must be given to B. D. The obligation is extinguished. 12. A owes B P1,000. A, knowing that the debt has prescribed, nevertheless, still pays B. Can A recover what he voluntarily paid? First answer ● Yes, because B has no right to demand the payment effected by A. Second Answer ● No, the payment extinguished the natural obligation A. Both answers are correct. B. Both answers are wrong. C. Only the first is correct. D. Only the second is correct 13. A period with a suspensive effect. A. I will support you beginning January 1 of next year. B. I will support you until January 1 of next year. C. I will support you if A dies of TB. D. I will support you if A marries B. 14. The obligation is demandable at once when it has A. has a resolutory condition B. has a suspensive condition C. is with a term ex-die D. has a period 15. This is synonymous to joint obligation A. Joint and several B. In solution C. Individually and collectively D. Mancomunada simple 16. Items 16 and 17 are based on the following information: Dolores borrowed P 15,000 from Consuelo. On due date, Dolores was not able to pay but she promised to give Consuelo a specific ring, a specific bracelet, or a specific necklace, in payment of the debt. Consuelo accepted the offer of Dolores. What kind of obligation is the new obligation of Dolores? a. Facultative obligation b. Compound obligation

c. Alternative obligation d. Simple obligation 17. Assume that before Dolores could deliver any of the ring, bracelet, or necklace, the ring and the bracelet were lost successively through the fault of Dolore. In this case: a. Consuelo may demand the payment of the price of the ring or the price of the bracelet plus damages, or the delivery of the necklace. b. Dolores may deliver the necklace to Consuelo without any obligation to pay damages c. Dolores may deliver the necklace to Consuelo with the obligation to pay damages because the ring and the necklace were lost through her fault. d. Consuelo may demand the payment of the price of the bracelet which was the last item that was lost, plus damages. 18. 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 guarantee or security for the debt. B. When he does not furnish the creditor the guarantees or securities which he has promised. 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. D. When the debtor violates any undertaking in consideration of which the creditor agreed to the period. 19. A borrowed from B P20,000. It is agreed that A could comply with his obligation by giving B P20,000, or a laptop, or a refrigerator. Which of the following is true regarding A’s performance of his obligation? A. A can give P10,000 and a laptop worth P10,000. B. A must deliver all of the prestations. C. A can give a refrigerator worth P15,000 and P5000. D. A must completely perform either one of the prestations. 20. A period with a resolutory effect. A. I will support you beginning January 1 of next year. B. I will support you until A dies. C. I will support you if A dies. D. I will support you if A dies of TB. 21. 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 22. 1. B1, B2 AND B3 obliged themselves solidarily to give C a specific car to give C a specific piano valued at P12, 000. On the due date, C demanded delivery but the debtors failed to deliver. The next day, while B1 was still in possession of the car, it got lost due to a fortuitous event. The right of C is A. None, obligation is totally extinguished. B. Proceed against any of the debtors for the value and damages. C. Proceed against B1 only, because he is the one in possession at the time it was lost. D. Proceed against B2 or B3 but only P4, 000 each 23. Statement No. 1: In alternative obligations, the right of choice belongs to the creditor unless it has been expressly granted to the debtor.

Statement No. 2: A solidary creditor cannot assign his right to a co-creditor without the consent of the rest of the creditors. 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. 24. Which of the following is an example of divisible obligation? a. A obliged himself to deliver to B a specific car on December 25. b. A will pay B on December 25 the full amount of 1,000. c. A agreed to pay 1,000 in four equal monthly installments. d. A will deliver half of the car on December 15 and the other half on December 30. 25. Statement 1: In alternative obligations, all the object promise by the debtor to the creditor are all due. Statement 2: In Facultative obligations, there are two objects due but the obligor can deliver one thing due and the obligation is extinguished. a. Statement 1 is true; Statement 2 is false. b. Statement 1 is false; Statement 2 is true c. Both are true d. Both are false 26. Statement 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 not take place. Statement II- The condition that some event will not happen at a determinable time shall render the obligation effective from the moment the time indicated has elapsed, or it has become evident that the event cannot occur. a. Only statement 1 is correct. b. Only statement 2 is correct. c. Neither statement is correct. d. Both statements are correct. 27. Where only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is: a. Pure Obligation b. Joint Obligation c. Facultative Obligation d. Solidary Obligation 28. Facultative as distinguish from alternative obligation a. The right of choice is given only to the debtor. b. Various things are due, but the giving of one is sufficient. c. If one of the prestations is illegal, the others may be valid and the obligations remain. d. It is impossible to give all except one, the last one must still be given. 29. Which of the following is not a characteristic of a joint indivisible obligation? a. The creditor must proceed against all the debtors. b. Each of the debtors can be held liable to pay for the entire obligation. c. If any of the debtors be insolvent, the others shall not be liable for his share. d. Demand must be made to all the debtors. 30. In Facultative obligations, if substitution has been made, which of the following is false? a. The obligation is extinguished. b. The loss of the original prestation is immaterial. c. The obligation is converted into a simple obligation.

d. The obligation ceases to be facultative 31. In Facultative obligations, if the substitution is lost due to the debtor's fault, which is true? a. The obligation is extinguished. b. The original prestation must be given. c. The debtor is liable for damages. d. The debtor must give another object which is equally satisfactory. 32. 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? A. The value of the first thing lost plus damages must be given to B. B. The value of the last thing lost plus damages must be given to B. C. The value of any of the things lost plus damages must be given to B. D. The obligation is extinguished. 33. A period with a suspensive effect. A. I will support you beginning January 1 of next year. B. I will support you until January 1 of next year. C. I will support you if A dies of TB. D. I will support you if A marries B 34. “A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of: A. Mixed Condition B. Potestative Condition C. Casual Condition D. Resolutory Condition 35. A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his share of P10,000. When the obligation became due and demandable, C turned out to be insolvent. Should the share of insolvent debtor C be divided only between the two other remaining debtors, A and B? A. Yes. Remission of D's share carries with it total extinguishment of his obligation to the benefit of the solidary debtors. B. Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This clearly applies to D. C. No. The rule is that gratuitous acts should be restrictively construed, allowing only the least transmission of rights. D. No, as the release of the share of one debtor would then increase the burden of the other debtors without their consent. 36. An obligation where only one prestation is due, with no period or condition needed is called: a. Pure obligation b. Conjoint obligation c. Alternative obligation d. None of the above 37. An obligation wherein various things are due but the payment of one of them is sufficient to extinguish the obligation is called: a. Simple Obligation b. Alternative Obligation c. Conjoint Obligation d. Facultative Obligation

38. A, B and C are solidary debtors of D for 15, 000. D remitted C’s share. After paying D P10, 000, the balance of the credit, can B demand a contribution from C if A became insolvent after the remission? How much? a. Yes; P5, 000 b. Yes, P10, 000 c. No, the obligation of C is extinguished. d. None of the above. 39. In a joint obligation, joint means any of the following, except a. Pro rata b. Proportionate c. Mancomunada simple d. Individually and collectively 40. This is synonymous to solidary obligation a. Pro rata b. Mancomunada c. Proportionate d. Juntos o separadamente 41. It is a future or certain event upon the arrival of which the obligation (or right) subject to it either arises or terminated. a. Fortuitous event b. Condition c. Period d. Date and Time 42. X and Y are joint debtors of Z to an amount of 1,000,000. How much can Z collect from X? a. Z can collect 1,000,000 from X b. Z can collect 500,000 from X c. Z can collect 250,000 from X d. none of the above 43. Which of the following is an obligation with a period for the benefit of the debtor? a. X binds himself to pay B P1,000 “within 2 years” b. X binds himself to pay B P1,000 “within 2 years on demand” c. X binds himself to pay B P1,000 on December 25, 2000 d. Any of the above 44. A and B are solidary debtors of W, X, Y, and Z, joint creditors, to the amount of P2,000. How much can W collect from debtor A? a. W could recover P2,000 from A. W, in turn, has to give P500 each to X, Y, and Z. b. W could recover P1,000 from A. W, in turn, has to give P250 each to X, Y, and Z c. W could recover P500 only from A d. W could recover P250 only from A 45. Any of the debtors is bound to render compliance of the entire obligation. a. Alternative b. Facultative c. Joint d. Solidary 46. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Pure b. Conditional

c. With a period d. Simple 47. Which does not belong to the group? A. Pure B. Conditional C. With a period D. With a penal clause 48. Ricardo borrowed 1,000 from Carlito. Moreover, Carlito borrowed 600 from Ricardo. How much is Ricardo’s obligation to Carlito? A. 1,000 B. 600 C. 400 D. Extinguished 49. All of the following conditions are applicable when an obligation is demandable at once except, a. When it is subject to a resolutory condition b. When it is subject to a resolutory period c. When it is subject to a suspensive period d. When it is pure 50. The right of choice of the debtor is subject to these limitations except, a. Impossible prestation b. Divisible prestation c. Unlawful prestation d. Prestation irrelevant from the object of the obligation 51. Where two or more prestations have been agreed upon but only one is due, the obligation is A. Alternative B. Facultative C. Conjoint D. Solidary 52. A, B and C borrowed P6,000 from D and E, payable in 3 months with A giving in pledge her diamond ring as security for the amount borrowed. How much can E collect from C? A. P1,000 B. P2,000 C. P3,000 D. P6,000 53. A is obliged to deliver his only car to B on November 20, 2009. If A does not deliver, and on November 22, 2009, a typhoon destroys the car. A. A is not liable because the obligation is extinguished. B. A is liable because he is in delay. C. A and B will divide the loss equally. D. A’s obligation is converted into a monetary obligation. 54. It is a kind of solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation. ‘ A. Passive Solidarity B. Active Solidarity C. Mixed Solidarity D. Legal Solidarity’

55. It is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. A. Period B. Fortuitous event C. Legal D. Condition 56. This obligation is where only one prestation has been agreed upon but the obligor may render another in substitution. a. Simple obligation b. Facultative obligation c. Joint obligation d. Solidary obligation 57. “Mark obliged himself to deliver Jackson a tv” is an example of what kind of obligation according to object? a. Facultative obligation b. Compound obligation c. Conjunctive obligation d. Simple obligation 58. “Mark obliged himself to deliver Jackson a tv” is an example of what kind of obligation according to object? a. Facultative obligation b. Compound obligation c. Conjunctive obligation d. Simple obligation 59. It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another. a. Agreement b. Vinculum juris c. Contracts d. Quasi-Contracts 60. This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. a. Solutio Indebiti b. Negotiorum Gestio c. Vinculum juris d. Prestation 61. This happened when the creditor make a demand and the obligor fails to deliver the thing. a. Negligence b. Mora solvendi c. Mora accipiendi d. Compensatio morae 62. Demand is not necessary to incur delay when: a. Creditor refuses the performance without just cause. b. The debtor is guilty of nonperformance. c. Time is the controlling motive d. If the obligation bears interest 63. In what instance may we consider that there is no delay?

a. In civil obligations b. In positive obligation c. In obligation arising from crime d. In natural obligation 64. In Accion subrogatoria the creditor may exercise all of the rights and bring all of the actions which the debtor may have against third persons if: a. If the account is personal b. The debtor's acts are fraudulent c. The debtor has performed an act subsequent to the contract, giving advantage to other persons d. Creditor must have the right of return against debtor 65. it causes the extinguishment or loss of rights already acquired upon the fulfillment of the condition, that is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will extinguish an obligation (or right) already existing. a. Condition subsequent b. Suspensive c. facultative condition d. positive condition 66. When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following: a. Mutual restitution b. Rescission (cancellation) of the obligation with indemnity for damages c. Suffer the deterioration of the thing d. Institute an action for negligence. 67. Contracts which cannot be sued upon unless ratified, thus it is as if they have no effect yet are: a. Voidable b. Rescissible c. Void d. Unenforceable 68. When the characters of the creditor and the debtor are merged in one and the same person, there is extinguishment of the obligation by: a. Compensation b. Merger of Rights c. Novation d. Remission 69. Through insidious words or machinations, A was able to induce B to enter into a contract which without them B would not have agreed to it. There is: a. Undue Influence b. Fraud c. Mistake d. Misrepresentation 70. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each other. a. Confusion b. Reformation c. Compensation d. Novation 71. A contract is in the stage of conception when:

a. There is meeting of the minds. b. Negotiations are in progress. c. The parties come to an agreement. d. The contract is perfected. 72. Contracts entered into in a state of drunkenness or during a hypnotic spell are: a. Void b. Valid c. Voidable d. Legal 73. Delay in the giving or delivering of a thing a. Mora solvendi ex re b. Mora solvendi ex persona c. Mora accipiende ex re d. Mora accipiende ex persona 74. Which of the following statements is false?...