OBLIGATION AND CONTRACTS COMPILATION OF QUIZZES PDF

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MIDTERM EXAMQuestion 1Three of these are characteristics of payment by cession. Which is the exception? Selected:a. one debtor, one creditorThis answer is correct.  b. more than one debt  c. abandonment of all the debtor's properties except those exempt from execution  d. complete or partial ins...

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MIDTERM EXAM Question 1

Three of these are characteristics of payment by cession. Which is the exception? 

Selected: a. one debtor, one creditor This answer is correct.

  

b. more than one debt c. abandonment of all the debtor's properties except those exempt from execution d. complete or partial insolvency

0/1 Question 2 A obtained a loan from B for P1,500 with interest at 14% per annum, the payment of which was secured by guarantor C. After maturity of the loan, D without the knowledge of A paid B, P1,400 and there upon B signed a receipt and gave it to D, of his tenor: "Received from D in full payment of A's obligation in my favor". (Sgd) B.  

a. D cannot recover from A because he paid without the knowledge of A. b. D can recover from A P1,400 because that was presumably the extent to which a was benefitedThis is the correct answer.



Selected: c. D can recover from A P1,500 because the whole obligation of A to B has been

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d. D can recover from A P1,500 because the balance of P100 is considered extinguished by partial remission

extinguished This answer is incorrect.

1/1 Question 3 In three of the following cases, compensation shall not be proper. Which is the exception? 

a. Commodatum



Selected: b. Bank deposit This answer is correct.

 

c. Gratuitous support d. Civil liability arising out of criminal offenses

0/1 Question 4 A and B are jointly and severally liable to C for P20,000. A is a minor.   

a. C can collect P10,000 from B.This is the correct answer. b. C can collect P20,000 because minority is not a defense. c. C can collect P10,000 from A, that is the share of B.

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Selected: d. C can collect P20,000 from B. This answer is incorrect.

1/1 Question 5 A, B and C are joint debtors of joint creditors W, X, Y and Z in the amount of P300,000. How much can W and X collect from B? 

Selected: a. P50,000 This answer is correct.

  

b. P150, 000 c. P75,000 d. P100,000

1/1 Question 6 If the obligation is payable in foreign currency



Selected: a. the creditor can compel the debtor to pay in foreign currency as per

  

b. the stipulation and the obligation are void. c. the obligation is valid, but the stipulation is void. d. the obligation is void.

agreement. This answer is correct.

1/1 Question 7 The kind of compensation which may only be raised by the creditor and not by the debtor in the obligation to give gratuitous support:   

a. judicial compensation b. legal compensation c. conventional compensation



Selected: d. facultative compensation This answer is correct.

1/1 Question 8 Payment of the obligation by a solidary debtor shall not entitle him to reimbursement from his co-debtors 

Selected: a. If such payment was made after the obligation has prescribed or become

 

b. If such payment was made in compliance with the demand made to him by all the creditors c. If such payment was made before the obligation is due.



d. If such payment was made after the obligation has become due and demand and notice of payment was made only to him.

illegal This answer is correct.

1/1 Question 9 In which of the following instances does legal subrogation not apply? 

Selected: a. when a third person pays the creditor without the knowledge or against the will of the debtor and yet entitled to beneficial reimbursement This answer is correct.

  

b. when a creditor pays another creditor who is preferred, even without the debtor's knowledge c. when the third person, not interested in the obligation, pays with the express or tacit approval of the debtor d. when, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share

1/1 Question 10 A1, A2 and A3 oblige themselves solidarily to give C a specific car valued P12,000. On the due date, C demanded delivery but the debtors failed to deliver. The next day, while A1 is still in possession of the car, it got lost due to fortuitous event. The right of C is    

a. Proceed against A1 only, because he is the one is possession at the time it was lost b. Proceed against A2, or A3 but only P4,000 each c. None, obligation is totally extinguished Selected: d. Proceed against any of the debtors for the value and damages This answer is correct.

1/1 Question 11 A and B are the debtors and X and Y are the creditors in a solidary obligation to the amount of P80,000. On due date, X renounced in favor of A the entire obligation which was validly accepted by A. Which of the following is true?

 

a. A can collect P40,000 from B b. Y can still collect from A or B

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Selected: c. Y can collect from A and B This answer is correct.

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d. B shall give P40,000 to A

1/1 Question 12 The passage of time extinguishes the obligation:   

a. Fulfillment of resolutory condition b. Rescission c. Arrival of resolutory period



Selected: d. Prescription This answer is correct.

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e. Remission

1/1 Question 13 A owes B a sum of money and secured by a pledge on his car. Later, the car is found in the possession of A.   

a. It is presumed the debt of A has been condoned; b. It is presumed the debt is extinguished; c. It is presumed both the debt and pledge has been remitted;

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Selected: d. It is presumed the pledge is condoned; This answer is correct.

1/1 Question 14 On October 4, 2020, A borrowed from B P50,000 to be paid 20 days thereafter. A proposed to B that X will pay A’s debt and that A will be free from all liabilities. B and X agreed to the proposal. On October 25, 2020, when B tries to collect from X, he finds that X is insolvent. At that time of delegation, X was already insolvent but this was not known to A. The insolvency is not of public knowledge. So B sues A on the ground that it was A who made the proposal and that A really guaranteed X’s solvency. Decide.  

a. A is liable because X agreed to the proposal to make himself solidary liable to the obligation b. A is liable because he is presumed to have guaranteed X’s solvency

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Selected: c. A is not liable, because A does not know the insolvency of X at the time of delegation and neither was the insolvency of public knowledge This answer is correct.

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d. A is liable because he did not exercise due diligence in determining the in solvency of X

0/1 Question 15 A, a minor, and B a capable person, bind themselves solidarily to pay X the sum of P10,000:   

a. A may be compelled to pay P5,000 only b. B may be compelled to pay P5,000 only.This is the correct answer. c. A may be compelled to pay P10,000

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Selected: d. B may be compelled to pay P10,000 This answer is incorrect.

1/1 Question 16 A thing is considered lost when it:   

a. Perishes b. Goes out of commerce c. Stolen or robbed

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Selected: d. All of the foregoing This answer is correct.

1/1 Question 17

In novation, which of the following is incorrect? 

a. If the new obligation is void, original obligation shall subsist.

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Selected: b. If the original obligation is subject to a suspensive condition, the new obligation is not subject to the same condition unless stated This answer is correct.

 

c. In expromission, the insolvency of the new debtor shall not revive the action of the creditor against the original debtor. d. While if the condition is resolutory, the new is also resolutory condition, unless otherwise stated.

1/1 Question 18 A, B and C executed a promissory note worded as follows- “We promise to pay to X, Y and Z the sum of P90,000. (Sgd.) A, B and C”.

 

a. A is obliged to pay to X P60,000. b. A is obliged to pay to X, Y and Z P90,000.

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Selected: c. A is obliged to pay to X P10,000. This answer is correct.

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d. A is obliged to pay to X P30,000.

1/1 Question 19 A obliges himself to pay X P100,000 in 30 days plus a penalty of P20,000 if A fails to pay the obligation in due time. A failed to pay the obligation in 30 days. X can demand from A.   

a. the principal of P100,000 plus P20,00 penalty, plus legal interest. b. the principal of P100,000 plus P20,000 penalty, plus legal interest, plus damages. c. the principal of P100,000 plus legal interest.

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Selected: d. the principal of P100,000 plus P20,000 penalty. This answer is correct.

0/1 Question 20 A, B and C executed a promissory note worded as follows: We promise to pay X, Y and Z the sum of P90,000 (Sgd.) A, B and C 

a. A is obliged to pay to X, Y and Z P90,000



Selected: b. A is obliged to pay X P30,000 This answer is incorrect.

 

c. A is obliged to pay X P60,000 d. None of the aboveThis is the correct answer.

1/1 Question 21 In which of the following is consignation alone without prior tender of payment not valid to extinguish the obligation?  

a. When two or more persons claim the same right to collect; b. When the title of the obligation has been lost;

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Selected: c. When with just cause, the creditor refuses to issue a receipt; This answer is correct.

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d. When he is incapacitated to receive the payment at the time it is due;

1/1 Question 22 A-1 and A-2 are solidary debtors of B-1, B-2 and B-3, joint creditors in the amount of P90,000. How much can B-3 collect from A-2? 

a. B-3 could collect P45, 000 from A-2 and give P 13,000, each to B-1 and B-2.

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Selected: b. B-3 could collect P30, 000 from A-2. This answer is correct.

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c. B-3 could collect P15, 000 from A-2 and P13,000 from A-1.

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d. B-3 could collect P90, 000 from A-2 and give P30,000, each to B-1 and B-2.

1/1 Question 23 Obligation may be modified by:   

a. Changing their object or principal conditions. b. Substituting the person of the debtor. c. Subrogating a third person in the rights of the creditor.

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Selected: d. All of the above This answer is correct.

0/1 Question 24 If tender of payment and consignation is made and the creditor allowed the debtor to withdraw the thing deposited in court, which of the following statements is incorrect.  

a. Co-debtors, guarantors, and sureties are released from the obligation unless they consented b. The obligation remain to subsistThis is the correct answer.

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Selected: c. The obligation is extinguished This answer is incorrect.

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d. None of the above

0/1 Question 25 Remission is:   

a. Essentially gratuitousThis is the correct answer. b. Naturally gratuitous c. Absolutely gratuitous

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Selected: d. All of the above This answer is incorrect.

1/1 Question 26 The act of abandoning or transferring all the debtor’s property to his creditors so that the creditors may sell them, and out of its net proceeds to recover their claim is called   

a. Dacion en pago b. Remission c. Tender of payment and consignation

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Selected: d. Payment by cession This answer is correct.

1/1 Question 27 Insolvency of the debtor is required in:  

a. Tender of Payment b. Application of Payment

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Selected: c. Payment by Cession This answer is correct.

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d. Dation in Payment

1/1 Question 28 D is indebted to solidary creditors X, Y and Z for P30,000. Without the knowledge of X and Y, Z remitted or renounced the obligation of D. 

a. The obligation of D is extinguished to the extent of P20,000

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Selected: b. The obligation to pay P30, 000 is extinguished, but X and Y may proceed against Z



c. The obligation of D is not extinguished

for their share. This answer is correct.

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d. The obligation of D is extinguished to the extent of P10,000

1/1 Question 29 Delivery by the debtor of a specific thing to creditor in payment of an obligation consisting of money.   

a. Tender of payment and consignation b. Application of payment c. Assignment of cession of property



Selected: d. Dation in payment This answer is correct.

1/1 Question 30 A owes B P20,000 which became due and payable last June 23, 2021. On that date A offered B P10,000, the only money he then had but B refused to accept the payment. A therefore met C, B's 23 year old son, to whom he gave the P10,000 with the request that he turn the money to B. The money was stolen while in C's possession. How much may B still recover from A?   

a. P 0 b. P 15,000 c. P 10,000

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Selected: d. P 20,000 This answer is correct.

1/1 Question 31 Requisites of application of payment, except. 

Selected: a. Debts are of different kinds This answer is correct.

  

b. Debts are all due c. Two or more debts d. One debtor and one creditor.

0/1 Question 32 A and B jointly indebted to C for P1,000. C assigns the credit to D and D assigns it back to A. 

a. The debt is partially extinguished by compensation

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Selected: b. The debt is totally extinguished by merger This answer is incorrect.

 

c. The debt is not extinguished either totally or partially d. The debt is partially extinguished by mergerThis is the correct answer.

1/1 Question 33 Which of the following is not a ground for the extinguishment of an obligation? 

a. Merger

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Selected: b. Death of creditor This answer is correct.

 

c. Remission d. Compensation

1/1 Question 34 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. adjudication or pacion en pago

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Selected: b. consignation of the thing or sum due This answer is correct.

 

c. assignment of property d. condonation

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Question 35 The delivery and transmission of ownership of thing by the debtor to the creditor as an accepted equivalent performance of an obligation is called: 

Selected: a. Dacion en pago This answer is correct.

  

b. Remission c. Consignation d. Payment by cession

1/1 Question 36 In a solidary obligation, D1 and D2 bind themselves to give C1 and C2 P10,000. Which of the following statements s false?



a. C1 cannot renounce the obligation of D1 and D2 to pay PI0,000 because the act is prejudicial to the other. b. D1 and D2 can pay anyone of the creditors and if accepted the obligation is totally extinguished c. C1 can renounce the obligation of D1 and D2 to pay P10,000 but CI must give C2 P5,000

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Selected: d. If C1 and C2 will renounce the obligation in favor of D1, the total obligation is

 

extinguished and D1 is to ask P5,000 from D2 representing the share of the latter This answer is correct.

1/1 Question 37 C bought the only car of D on February 15, 2021 and D agreed to deliver it to C on April 30, 2021. They did not agree on the place of delivery. Where is the place of delivery? 

a. Where the car is on April 30, 2021

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Selected: b. Where the car is on February 15, 2021 This answer is correct.

 

c. domicile of the debtor d. domicile of the creditor

0/1 Question 38 D1, D2 and D3 are solidary debtors of C for P30,000. The obligation was in writing. After the lapsed of the ten-year prescriptive period, which of the following statement is incorrect?  

a. If D1 paid C knowing that the obligation has already prescribed, D1 cannot ask reimbursement from D2 and D3. b. If D1 paid C not knowing that the obligation has already prescribed, D1 cannot ask reimbursement from D2 and D3.

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Selected: c. If D1 paid C not knowing that the obligation has already prescribed, his right is to

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d. None of the above.This is the correct answer.

proceed against C because there was undue payment. This answer is incorrect.

0/1 Question 39

The debtor who cedes or assigns his property to his creditor in payment of his debt hall be released from his obligation. __ 

a. to the extent allowed by the creditor.

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Selected: b. Totally extinguished under dation in payment This answer is incorrect.

 

c. only to the extent of the net proceeds of the thing assigned.This is the correct answer. d. to the extent of the net proceeds of the thing leased.

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Question 40 The following are primary modes of extinguishing obligations. Which is the exception? 

Selected: a. Compromise This answer is correct.

  

b. Compensation c. Confusion d. Condonation

1/1 Question 41 The obligation of Pedro in favor of Juan amounts to Php30,000.00 payable on May 5, 2017. On April 15, 2017 Ciriaco and Pedro agreed that Ciriaco will pay the obligation of Pedro. Juan gave his consent to the said agreement. The change of the debtor in this case is called: 

Selected: a. Delegacion This answer is correct.

  

b. Substitution c. Subrogation d. Expromission

1/1 Question 42 Which of the following is not legal subrogation?   

a. When a creditor pays another creditor who is preferred b. When a third person, not interested in obligation, pays with the approval of the debtor c. When a third person interested in the obligation, pays even without the approval of the debtor

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Selected: d. None of them This answer is correct.

1/1 Question 43 Change of person or objects: 

a. Confusion

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Selected: b. Novation This answer is correct.

 

c. Solutio indebiti d. None of the foregoing

1/1 Question 44 A is indebted to B for P20,000. X is the guarantor of A. B is also indebted to A for P8,000. How much will X be liable as guarantor if B sues A, and A cannot pay? 

a. X has no liability



Selected: b. P12,000 This answer is correct.

 

c. P8,000 d. P20,000

1/1 Question 45 The following, except one, are secondary modes of extinguishing obligations. Which is that exception? _ 

a. prescription



Selected: b. changing the object of the obligation with the consent of the parties This answer is

 

correct. c. death of both parties d. compromise

1/1

Question 46 A owes B P2,000 demandable and due on September 10, 2021. B, on the other ...