Oblicon practice test PDF

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OBLIGATIONI. GENERAL PROVISIONS The duty note to recover what has been voluntarily paid although payment was no longer required. A. Natural obligation B. Moral obligationC. Civil obligation D. None of the above D owes C P200,000 but the debt had already prescribed. If D, knowing that it was prescrib...

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OBLIGATION I. GENERAL PROVISIONS 1. The duty note to recover what has been voluntarily paid although payment was no longer required. A. B.

Natural obligation Moral obligation

C. D.

Civil obligation None of the above

2. D owes C P200,000 but the debt had already prescribed. If D, knowing that it was prescribed, nevertheless paid B he cannot later get on back what he voluntarily paid to C. This an example of a – A. B.

Natural obligation Moral obligation

C. D.

Civil obligation Personal obligation

3. It is one of the essential elements of an obligation A. B. C. D.

A maker or drawer An order or prestation A drawee Money

The essential requisites of an obligation are as follows: (1) active subject; (2) passive subject; (3) object or prestation; (4) vinculum juris or the legal tie.

4. Three of the following arr requisites of an obligation. Which is the exception? A. B.

Prestation Efficient clause

C. D.

Delivery Passive subject

C. D.

Quasi-delict Contract

5. Which of the following is not an obligation arising from the law? A. B.

Delict Quasi-contract

In reality, there are only two sources of obligations, namely law and contracts because obligations arising from quasi-contracts, acts or omission punished by law, and quasi-delicts are really imposed by law (Leung Ben vs. O’Brien, 38 Phil. 182).

6. The obligation of the employer to pay death benefits and funeral expenses for his employee’s death while in the course of employment as sanctioned by the Workmen’s Compensation Act is one that arises from: A. B.

Law Contracts

C. D.

Quasi-contracts Answer not given

7. Which of the following is not considered as quasi-contract? A. B. C. D. E.

Solutio indebiti When the third person, without the knowledge of the debtor, pays the debt Negotiorum gestio Reimbursement due the person who saved during fire or storm without the knowledge of the owner None of the above

8. When “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. B.

Quasi-delict Quasi-contract

C. D.

Negotiorum gestio Solutio indebiti

Negotiorum gestio is the voluntary management of the business or property of another, without the consent or authority from the latter.

9. A juridical relation known as negotiorum gestio takes place A. B. C. D.

When a person voluntarily takes charge of another’s abandoned business or property without the owner’s consent. When something is received and there is no right to demand it and it was delivered through mistake. When a person is appointed by a court to take the property or business of another. None of the above.

10. A has been missing for sometime leaving no one to manage his properties B and C jointly took charge of the management thereof. However, due to the fault of B, the properties of A were damaged. The liability therefore to A for damages shall be A. B. C. D.

Only B shall be liable Both shall be jointly liable Both shall be solidarily liable They are not liable since A is at fault for having abandoned his properties.

The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger (2146).

11. The officious manager or gestor is liable for any fortuitous event, except A. B. C. D. E.

If he has undertaken risky operations which the owner was accustomed to embark upon. If he has preferred his own interest to that of the owner. If he fails to return the property or business after demand by the owner. If he assumed the management in bad faith. None of the above.

The officious manger shall be liable for any fortuitous event if he undertakes risky operations which the owner was not accustomed to embark upon.

12. D owes C P100,000. By mistake D pays C P1,000,000. C must return the P900,000. This an example of A. B.

Negotiorum gestio Solutio indebiti

C. D.

Natural obligation Quasi-delict

Solution indebiti takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake.

13. All of the following except one are civil liabilities arising from crime. A. B. C. D.

restitution reparation of the damage caused imprisonment indemnification for consequential damages

The civil liability established in the Revised Penal Code includes: (1) restitution; (2) reparation of the damage caused; (3) indemnification for consequential damages (Art. 104, RPC).

14. A civil liability which involves the return of the object to the crime whenever possible, plus allowances for any deterioration or diminution of value as may be determined by the court to the rightfulowner – A. B.

Reparation Restitution

C. D.

Indemnification Imprisonment

15. D is the driver of a passenger bus which is owned and operated by O. While D is driving said bus, it met an accident through his negligence where P, a passenger, was injured. D is liable to P for damages which arises from A. B. C.

Law Quasi-contracts Contracts

D. E.

Crime Culpa contractual

16. A mango tree in the land of O is reclining the road. All of a sudden without a storm or an earthquake or even strong wind the tree falls hitting a car belonging to Y causing a P20,000 damage. The liability of O to Y arises from A. B. C.

Law Contracts Quasi-contract

D. E.

Crime Quasi-delict

17. Culpa aquiliana as distinguished from culpa contractual A. Proof of due diligence in the selection and supervision of employees is not available as a defense. B. Proof of the contract and of its breach is sufficient prima facie to warrant recovery. C. The negligence of the defendant is merely an incident in the performance of the obligation. D. The source of liability is defendant’s negligent act or omission itself.

18. A wrong committed independent of contract and without criminal intent is – A. B. C.

Culpa contractual Culpa aquiliana Delict

D. E.

Quasi-contract None of the above

19. A wrong committed independent of a contract and with criminal intent A. B.

Quasi-contract Culpa contractual

C. D.

Culpa aquiliana None of the above

Culpa criminal negligence is one which results in the commission of a crime. The negligence is direct, substantive and independent of a contract.

20. A passenger in a taxi who was hurt because of the negligence of its driver may bring a civil case of culpa contractual against the taxi driver. A pedestrian who was hit by a taxi and suffered physical injuries can bring an action based on culpa aquiliana against the operator of the taxi. A pedestrian who was injured because of the recklessness of a bus driver can bring an action of culpa criminal against the driver but not the owner.

A. B. C. D.

Statement 1 Yes Yes No No

Statement 2 No Yes No Yes

Statement 3 Yes Yes No Yes

21. Binnaballo, a pedestrian, was hit by a taxicab because of the recklessness of the taxi driver. In its effort to avoid the accident, the driver swerved the car to the left and bumped an electric post. Pasairo, a passenger of the taxi suffered physical injuries. Which of the following statements is not correct? A. B. C. D.

Binnaballo can bring an action of culpa criminal and culpa aquiliana against the driver and the owner of the taxicab. Binnaballo can bring an action of culpa aquiliana only against the driver. Pasairo can bring an action of culpa aquiliana against the driver and the owner of the taxicab. Pasairo can bring an action of culpa criminal and culpa contractual against the driver and the owner of the taxicab. Cupla aquiliana is the wrong negligence committed independent of the contract and without criminal intent. Culpa contractual is the wrong or negligence in the performance of a contract.

Culpa criminal or criminal negligence is one which results in the commission of a crime or delict. Pasairo can bring an action of culpa contractual (not culpa aquiliana) against the operator of the taxicab because there is a pre-existing contract between the operator and the passenger that the common carrier is bound to carry the passengers safely as far as human care and foresight can provide using the utmost diligence of very cautious persons.

22. A passenger of a jeep was hurt. A criminal case was filed against the driver but the latter was acquitted. The victim now sues the operator of the jeepney for culpa contractual. May the suit still prosper? A. B. C. D.

Yes, it is sufficient for him to prove the existence of the contract of carriage and the injuries suffered. Yes, provided he can prove the negligence of the driver. No, this will constitute double jeopardy. No, the acquittal means that the guilt of the accused was not proven by proof beyond reasonable doubt.

II. NATURE AND EFFECT OF OBLIGATIONS 23. Unless the law or the stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with A. B. C. D.

Diligence of a good father of a family. Diligence of a father of a good family. Extraordinary diligence. Ordinary diligence.

Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care (1163).

24. Unless the law or 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. B. C. D.

Extra-ordinary diligence. Ordinary diligence. Diligence of a good father of a family. Answer not given

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required (1173).

25. The creditor has a right to the fruits of the things from A. B. C. D.

The time the thing is delivered. The time the obligation to deliver the thing arises. The time the sale is perfected. The time the fruits are delivered.

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him (1164).

26. Merlen obliged herself to deliver a determinate pig to Jose on December 31, 2013. When the date of the delivery of the pig arrived, the pig has already seven offsprings. Merlen should deliver the A. B. C. D.

Mother pig only. The mother pig as well as the seven offsprings. Merlen can refuse to deliver the goods. Jose should pay to Merlen the seven offsprings.

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him (1164).

27. On June 1, 2017, Dichoso obliged himself to deliver to Corcolon a specific land on July 1, 2017. This property is being leased to Lalaso at P5,000 per month. Which is correct?

A. B. C. D.

Dichoso has to deliver to Corcolon the land including its rental income from June 1, 2017. Dichoso has to deliver to Corcolon the land including its rental income from January 1, 2017. If Dichoso delivers only the land to Corcolon on August 1, 2017 he should also deliver the rental income from July 1, 2017. If Dichoso delivers only the land to Corcolon on August 1, 2017 he shall be

entitled to the frits from August 1, 2017.

28. which of the following is a determinate thing? A. B. C. D.

A car. A 2005 Mitsubishi adventure GLS Sport DSL. A Toyota revo Sport Runner with Plate No. XCS 456. A car owned by Juan de la Cruz. A thing is determinate when it is particularly designated or physically segregated from all others of the same class.

29. If the thing is determinate, the debtor can be compelled to deliver the thing promised and upon failure, the creditor has a right to ask for damages. If the object is generic and the debtor does not comply with the obligation, the creditor can ask a third person to comply with the prestation at the expense of the debtor, plus damages. A. B. C. D.

Only the 1st statement is true. Only the 2nd statement is true. Both statements are true. Neither statement is true.

When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170 (damages), may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor (1165).

30. the obligor is not liable for a fortuitous event when A. B. C. D.

there is default or mora on his part. he promised to deliver the same thing to two or more persons who do not have the same interest. the object is generic. the object is determinate.

If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery (1165[2]).

31. One is not a requisite needed in order that the obligation shall be extinguished by loss or destruction of the thing due: A. B. C. D.

When the thing is lost without the fault of the debtor. When the thing lost is generic. When the thing is lost before the debtor has incurred in delay. When the thing lost is specific.

32. Dealino promised to deliver 50 sacks of rice to Cantado on February 14, 2017. On February 8, 2017 Cantado demanded the delivery of the 50 sacks of rice but Dealino did not comply. On February 10, typhoon “Adrian” visisted Bicol Region and all the rice stored in the warehouse of Dealino got wet. A. B. C. D.

Dealino is obliged to pay damages because he was already in default when the fortuitous event occurred. Dealino’s obligation to deliver 50 sacks of rice is extinguished because the cause of the loss is a fortuitous event. The obligation of Dealino is not extinguished because he can get 50 sacks of rice from other sources. Dealino’s obligation to deliver 50 sacks of rice is not extinguished because he was in default.

33. In the preceding question, suppose Cantado demanded for the delivery of February 14, 2017 but Dealino did not comply and all the sacks of rice stored in the warehouse got wet because of typhoon that occurred on February 15. A. B.

Dealino is obliged to pay damages because he was already in default when the fortuitous event occurred. Dealino’s obligation to deliver 50 sacks of rice is extinguished because the cause

C. D.

of the loss is a fortuitous event. The obligation of Dealino is extinguished because he cannot get another 50 sacks of rice from other sources. Dealino’s obligation to deliver 50 sacks of rice is not extinguished and he may be liable for damages because he was in default.

34. Which is not a requisite needed in order that obligation shall be extinguished by the destruction of a thing due? A. B. C. D.

When the thing is lost before the debtor incurred delay. When the obligation is to deliver a brand new Hyundai Getz When the thing is lost without the fault of the debtor. When the obligation is to deliver the Bonnevie Bldg. At 32 Ortega St., San Roque, Iriga City.

35. Which of the following statements is false? A. B. C.

D.

Avendaño is obliged to deliver a particular car to Buenasida. He must also deliver the jack and other tools. Dacones is obliged to deliver a specific parcel of land to Castañeda. He must also deliver the trees planted thereon. Dumalasa is obliged to deliver a restaurant to Cresencio. They agreed that the dishes should not be included anymore in the delivery. Dumalasa should still deliver the dishes to Cresencio. Damiana is obliged to deliver a sari-sari store to Casador. No mention was made in the contract about the goods thereon. Damiana should still include the goods in the delivery.

36. Cendaña delivered his computer to Dasupug for repair. Despite repeated demands, no work was done thereon. Eventually, Dasupug returned the computer unrepaired and cannibalized. Cendeña was then constrained to have the computer repair by Tattao. A. B. C.

D.

Cendaña can proceed against Dasupug for the cost of labor, the needed materials for repair and the value of the missing parts. Cendaña can proceed against Dasupug for the value of the missing parts only. If Dasupug repaired the computer but replaced the defective part with spare parts of inferior quality, Cendaña may ask Tattao to remove them and be replaced with parts of average at the expense of Cendaña. Cendaña can compel Dasupug to comply with the obligation. If a person obliged to do something to do it, the same shall be executed at his cost.

This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone (1167).

36. A is obliged to give B his only car on September 1, 2017. On the said date, A did not deliver. On September 2, 2017, a flood completely destroyed the car. Is A still liable? A. B. C. D.

No. Considering that no demand to deliver was made by B and the specific thing was lost due to fortuitous event, the obligation is extinguished. No. The obligation is extinguished, even if the debtor is already in default because the debtor can plead impossibility of performance. Yes. A is already in legal delay, thus the obligation to deliver the lost specific thing is converted into monetary claim for damages. Yes. The creditor can instead demand for a substitute of equivalent value from the debtor.

Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation (1169).

37. Statement 1: Delay or mora is one of the sources of obligation.

Statement 2: There is no delay in an obligation not to do. A. B.

True, False True, True

C. D.

False, True False, False

38. The delay on the part of the creditor to accept the performance of an obligation:

A. B.

Dolo incidente Mora accipiende

C. D.

Compensatio morae Mora solvendi

C. D.

Mora accipiende ex re Mora accipiende ex persona

39. Delay in the giving or delivering a thing A. B.

Mora solvendi ex re Mora solvendi ex persona

40. "Dayanan binds himself to sell to Gagatlun his car for P250,000." Which of the following statements is false? A. B. C. D.

If no period has been agreed upon, the performance of the respective obligation is deemed to be simultaneous. If Dayanan delivers the car, Gagatlun will only be in delay from the time demand has been made by Dayanan. Dayanan cannot demand payment if he does not deliver the car. Gagatlun cannot demand delivery if he does not pay the price.

In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of ...