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Obligation Unless the law or the stipulation of the parties required 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. Ordinary diligence c. Diligence of a good father of a family d. Answer not given RPCPA ...

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baby horse. (RPCPA, 88-1) a. Z is entitled to the baby horse which was born after the perfection of the contract. b. Y is entitled to the fruit (baby horse) as Z has not paid the price yet. c. Y is entitled to the fruit (baby horse) because it was born before his obligation to deliver the horse. d. Z should pay additional amount for the baby horse to be entitled to it.

Obligation 1. Unless the law or the stipulation of the parties required 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. Ordinary diligence c. Diligence of a good father of a family d. Answer not given RPCPA 0591 2.

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The buyer of a thing has the right to the fruits of the thing: a. From the time the thing bought is delivered. b. From the time the sale is perfected. c. From the time the obligation to deliver the thing bought arises. d. From the time the fruits are delivered.

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There shall be no liability for loss due to fortuitous events in one of the following cases. Which is it? a. When the debtor delays. b. When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events. c. When the nature of the obligation requires the assumption of risks. d. When the obligation is to deliver a determinate thing and there was no stipulation as to the liability of the debtor in case of loss due to fortuitous events.

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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: (RPCPA, 97-2) a. Quasi delict c. Negotiorum gestio b. Quasi contract d. Solutio indebiti

RPCPA 1089

The obligation of the employer to pay death benefits and funeral expenses for his employer's death while in the course of employment as sanctioned by the Workmen's Compensation Act is one that arises from: a. Law c. Quasi contract d. Answer not given RPCPA, 0591 b. Contracts A mango tree in the land of O is reclining towards the road. All of a sudden, without a storm or an earthquake or even strong wind, the tree falls hitting a car belonging to X causing a P20,000 damage. The liability of 0 to X arises from: a. Law d. Delict e. Quasi-delict b. Contract c. quasi-contract The following are the requisites of an obligation, except: a. Passive subject, debtor or obligor b. Active subject, creditor, or oblige c. Efficient cause d. Demand Proof of pecuniary loss is necessary for the award of: a. Liquidated damages c. Actual damages . b. Exemplary damages d. Temperate damages . Y sold his horse to Z for P50,000. No payment has yet been made and the sales document does not provide the date of delivery. Before delivery and payment, the horse gave birth to a

10. Judy bought two (2) softdrinks at the price of P10.00 each. She paid the store P20.00. The store give her two softdrinks and coins worth P10.00. What is the source of obligation of Judy? a. Negotiorum gestio c. Solutio indebiti b. Quasi contract d. Law 11. S sold 100-bottles of imported "Fundador" brandy to B who paid immediately the price thereof amounting to P20,000.00. S promised to deliver the brandy to B within one week from their agreement. On the agreed date of delivery, S delivered to B 100 bottles of fake "Fundador" brandy. The contract between S and B is: a. voidable. c. valid d. void d. rescissible. 12. On a certain year, D was obliged under a contract executed on March 1 to deliver an agricultural land to C on April 1. D, however, actually delivered the land and the fruits thereof to C on May 1. C became the owner of the agricultural land and the fruits thereof on: a. March 1.

b. April 1. c. May 1. d. The period should be fixed by the court so that it can be determined when C actually became the owner of the agricultural land and its fruits.

b. Phoebe can sues Kates for the annulment of the contract since it is voidable. c. Phoebe can sue Kates for damages because the waiver he made is void. Nonetheless, the contract is valid. d. Phoebe can sue Kates for the rescission of the contract since it is rescissible.

13. This obligation is demandable at once: a. pure obligation b. obligation subject to a resolutory condition c. obligation with an in diem period d. all of the above

18. One of the following is a determinate thing. Which is it? a. Cow. b. A horse. c. A Toyota car with engine no. 12345, body no. 34890 and plate no. ABC 123. d. A ring with diamond embellishment.

14. When the thing deteriorates pending the fulfillment of the suspensive condition without the fault of the debtor, the impairment is: (RPCPA, 98-1) a. to be borne by the party who caused the deterioration b. to be borne partly by the debtor and partly by the creditor c. to be borne by the debtor d. to be borne by the creditor

19. This person is liable for the loss of the subject matter by fortuitous event: (RPCPA, 85-2; 881; 89-1) a. Creditor c. Both a and b b. Debtor d. None of them

15. Grelim obliges himself to give his only car to Goliath. What is the kind of prestation in the given example? a. Determinate c. Divisible b. Indeterminate d. Indivisible 16. One of the following obligations is not immediately demandable. a. Pure obligation. b. Obligation with a resolutory condition. c. Obligation with an in diem period. d. Obligation with an ex die period. 17. Kates and Phoebe entered into contract whereby Kates would- deliver 5 pieces of genuine Rolex wristwatches to Phoebe. Kates proposed to Phoebe that should she deliver 5 units of fake pieces of Rolex wristwatches by reason of financial difficulties on her part, Phoebe would not sue her for damages on the ground of fraud. Phoebe accepted the proposal. On due date, Kates delivered 5 pieces of fake Rclex wristwatches. Upon discovery of the fraud, Phoebe sues Kates for damages. Kates contends that she cannot be held liable for damages because Phoebe waived her right to holdher liable on the ground of fraud if the reason thereof is the financial difficulties of Kates. a. Phoebe cannot sue Kates for damages because the reason for the waiver is valid, i.e financial difficulties of Kates, which is a valid reason for the waiver.

20. The following are the remedies of the creditor to pursue his claims against the debtor, except to: a. pursue the property owned and in possession of the debtor. b. exercise all the rights and bring all the actions of the debtor (accion subrogatoria). c. impugn the acts which the debtor may have done to defraud his creditors (accion pauliana). d. compel the debtor to perform the service in obligations to do. 21. One of the following is a valid obligation. Which is it? a. D promised to give C P50,000.00 if C will not swim across the Pacific Ocean. b. D promised to give C P50,000.00 if D goes to Tokyo. c. D promised to give C P50,000.00 if C can fly to the moon. d. D promised to give C P50.000.00 if C gives him 5 grams of marijuana.. 22. D, on June 19, 2000 obligated himself to C to sell to the latter his house and lot for the very cheap price of P5,000,000 on condition that C passes the CPA board examinations to be given in October 2000. In the meantime, not believing that C will pass the board exams, D sold the house to T sometime in August 2000, In November 2000, C passed the exams unexpectedly. Who has a better right to the house and lot? Assume that C and T did not record their transaction with the Registration of Deeds and neither did they take possession. a. C has a better right to the house and lot because said right goes back to the time when the obligation was contracted on June 19, 2000 although the condition was complied with only in November 2000.

b. Thas a better right since it was sold to him in August, 2000 whereas the condition in favor of C was complied only sometime in November 2000. c. Because of the controversy between C and T can decide not to sell the house and lot anymore. d. Correct conclusion not given. 23. D borrowed from C P5,000,000 promising to pay upon the sale of his house and lot at 123 Rizal Avenue, Manila. The obligation of D to C is: a. an obligation with a period b. an obligation with a potestative condition the fulfillment of which solely depends on the will of the debtor and therefore void c. C can collect only when D is able to sell the house and lot d. only the condition is nullified, but not the obligation in which case C can collect even if the house and lot is not sold. 24. Mr. AB owes Mr. CD P150,000 due on August 31, 1987. Mr. AB executed a mortgage in favor of Mr. CD on Mr. AB's building to guaranty the obligation. On August 10, 1987 the mortgaged building was totally lost due to a strong typhoon. On August 12, 1987, Mr. CD demanded payment from Mr. AB. Is Mr. CD's demand valid? (RPCPA, 88-1; 88-2-M; 89-1-M; 90-2-M; 93-2-M;) a. No. The obligation is one with a definite period, thus the creditor cannot demand fulfillment of the obligation as such would the prejudicial to the rights of the debtor. b. No. The obligation is extinguished because the obligation is lost through a fortuitous event. c. Yes. The debt becomes due at once because the guaranty was lost even through a fortuitous event unless the debtor can mortgage another property that is equally satisfactory. d. Yes. The debt becomes due at once because, from the tenor benefit is given solely to the creditor thereby giving the creditors the right to demand performance even before the date. 25. In the following cases, the debtor loses the right to use the period in which case the obligation becomes immediately demandable. Choose the exception: a. When after the obligation is contracted, the debtor becomes insolvent but he gives a collateral security or guaranty. b. When he fails to furnish the collateral security that he has promised, c. When the collateral is impaired whether through his fault or by fortuitous event. d. When the debtor attempts to abscond. e. None of the above.

26. D is under obligation to pay C P500,000 on December 15, 2002. Before due date, D wants to pay C P500,000 but the latter refuses to accept because the obligation is not yet due. Decide, a. D can compei C to accept payment because when an obligation is with a period, said period is for. the benefit.of the debtor only. b. C can refuse to accept payment because when an obligation is with a period, the benefit is only for the creditor, c. C can refuse to accept because when an obligation is with a period, said period is presumed to be for the benefit of both debtor and .creditor. d. Correct answer not indicated. 27. An obligation with a period: a. D will pay C P1,000.00 X dies. b. D will pay C P1,000.00 when X dies of TB. c. D will pay C P1,000.00 when he finishes his course in Business Administration. d. None of the-above 28. D is obliged to give C a specific watch, a specific ring, or a specific bracelet. The parties agreed that C will' have the right to choose the thing which will be given to him. Before C could make his choice, the watch and the ring are lost through D's fault, successively, What is the right of C? a. C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring plus damages. b. C cannot choose the price of the watch or the price of the ring because the said objects have already been lost. c. C can only choose to have the bracelet because anyway, D can still perform his obligation, d. C can only choose to have delivery of the bracelet or the price of the ring which was the last item that was lost plus damages. 29. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as substitute. Which of the following statements 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. 30. This is the promissory note: We promise to pay A, B and, C the sum of ONE HUNDRED EIGHTY THOUSAND (P180,000) PESOS within 60 days. Signed X, Y and Z": (RPCPA, 1089; 90-1, 87-2-M; 88-1-M; 88-2-M; 88-2-M; 89-1-M; 90-1-M; 90-2-M; 92-1-M; 921-M; 92-2M; 95-1-M; 95-1-M; 96-1-M; 96-1-M; 96-2-M; a. X is obliged to pay A P20,000 b. X is obliged to pay A P60,000 c. X is obliged to pay A P180,000 d. X is obliged to pay A, B and C P180,000. 31. A, 25 years old, B, 35 years old, and C, 17 years old, are solidary debtors of X in the amount of P9,000.00 a. X may collect from A 9,000,00. b. X may collect from A 6,000.00. c. X may collect from A 1,000.00, d. X may collect nothing because the obligation is voidable, C being a minor. 32. A, B and C obligated themselves to deliver to X specific car worth P300,000. On due date, said car is not delivered to X due to the fault of A causing a P9,000 damage to the former. In this case: a. X can compel any of A,B and C to pay P309,000. b. The obligation of A, B and C is presumed to be joint and therefore, X cam compel A, B and C to each deliver 1/3 of the car plus damages of P3.000. c. The obligation of A, B and C is presumed to be joint, but the action is converted into one for damages where X can collect from A, B and C P103,000 each. d. The obligation of A, B and C is presumed to be joint but the action is converted into one for damages where X can collect from A PIO'9,000 and from B and C P100,000 each. 33. 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: (RPCPA, 90-2) a. The principal of P100,000 plus P20,000 penalty. b. The principal of P100,000 plus P20,000 penalty, plus legal interest damages. c. The principal of P100,000 plus legal interest. d. The principal of P100,000 plus P20,000 penalty, plus legal interest, plus damages. 34. Consider the following statements:

I. II. III. IV. a. b. c. d.

The nullity of the principal obligation carries with it the nullity of the penal clause. The nullity of the principal obligation does not carry with it the nullity of the penal clause. The nullity of the penal clause carries with it the nullity of the principal obligation. The nullity of the penal clause does not carry with it the nullity of the principal obligation. Statements I and III are true. Statements I and IV are true. Statements II and III are true. Statements II and IV are true.

35. D borrowed from C P100,000 with an agreement that upon failure to pay on due date, a penalty of 20% shall be imposed. On due date, the P100,000 was not paid. C can collect from D: a. P100,000 only b. P100,000 plus penalty c. P100,000 plus penalty plus interest at 12% d. P100,000 plus penalty plus interest plus damages 36. In the following cases, interest or damages can be collected by the creditor from the debtor in addition to the penalty agreed upon. a. If there is a stipulation to that effect. b. If the debtor defaults in the payment of the penalty. c. Where the debtor commits fraud in the fulfillment of the obligation. d. All of the above e. None of a, b, and c 37. Dominico and Domingo are jointly and severally liable to Crispino for P100,000.00. The obligation is due on June 30, 2012. On June 25, 2012, Dominico paid the whole amount of the note to Crispino. If Domingo reimburses Dominico on July 15, 2012, Dominico is entitled to receive from Domingo: a. P50,000.00 plus interest from June 25 to July 15, 2012. b. P50,000.00 plus interest from June 25 to June 30, 2012. c. P50,000.00 plus interest from June 30 to July 15, 2012. d. P50,000.00 with no interest because Dominico paid the note before due date. 38. Dodgie owes Cathy the sum of P100,000 guaranteed by Josie. Sasy, a stranger to the obligation offers to pay Cathy P100,000 and the latter accept the offer of payment. However, Dodgie already paid Cathy P45,000. The payment by Sasy is with the knowledge of Dodgie but against his will. Sasy may recover from Dodgie: a. P100,000 and to subrogate to the guaranty

b. P55,000 and to subrogate to the guaranty c. P100,000 but not entitled to subrogate to the guaranty d. P55,000 only because this is the only amount redounded to the benefit of Dodgie. 39. In the following cases, interest or damages can be collected by the creditor from the debtor in addition to the penalty agreed upon. a. If there is a stipulation to that effect, b. If the debtor defaults in the payment of the penalty. c. Where the debtor commits fraud in the fulfillment of the obligation. d. All of the above e. None of a, b, and c 40. D is indebted to C in the amount of P500,000. By dacion en pago D conveyed to C the ownership of a car with an agreed appraised value of P700,000. a. The obligation of D to C is automatically extinguished. b. The obligation of D to C is not extinguished because they agreed to sell the car from which the payment of P500,000 is to be derived. c. The obligation of D to C is automatically extinguished and on top of that C has to pay D P200,000. d. Correct answer not indicated. 41. The following statements pertain to either payment by cession or dacion en pago. I. The debtor is insolvent. II. Ownership of the thing/s is transferred to the creditor/s. III. Plurality of creditors is required. IV. Obligations are totally extinguished as a rule. a. Statements I and IV pertain to payment by cession. b. Statements I and III pertain to dacion en pago. c. Statements II and IV pertain to dacion en pago d. Statements III and IV pertain to payment by cession. 42. A, B and C solidarity owe X and Y P30,000. X remitted the entire obligation in favor of A. The effect is: (RPCPA, 97-2) 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 of Y's share of the credit. c. A cannot recover from B and C because remission in his favor extend to the benefit of B and C. d. A can recover from B and C their respective share of the debt.

43. Consignation is a mode of payment which extinguishes an obligation. Which of the following is not a requisite for consignation? (RPCPA, 87-1) a. Actual consignation with the proper judicial authorities. b. Prior notice has not been made. c. Existence of a valid debt. d. There must be prior notice of consignation to persons interested in the fulfillment of the obligation. 44. When the debtor abandons and assigns all his properties in favor of his creditors for the latter to sell to satisfy his credits, this is: (RPCPA, 90-1; 90-2-M; 94-2-M ) a. Remission c. Dation in payment b. Payment by cession d. Expromission 45. D owes the following creditors: X, P20,000.00; Y, P30,000.00; and P50,000.00. D is insolvent so he offers to assign all his properties (except those exempt from execution) to his creditors in payment of his debts. The creditors accept the offer and are able to sell the debtor's properties for P70,000.00. Based on the foregoing facts, which of the following statements is incorrect? a. The special mode of payment availed of by D is payment by cession. b. D is released from his total liability of P100,000.00 even if there is no stipulation to that effect. c. D is released from his liability only to the extent of P70,000 in the absence of any stipulation giving him total release. d. The creditors did not become the owners of D's properties at the time of their assignment. 46. Payment under the following cases are valid except: a. Payment made in good faith in possession of the document evidencing the credit. b. Payment made to incapacitated person that redounded to his benefit c. Payment made to 3rd person that redounded to the benefit of the creditor d. Payment made to the creditor. 47. D obtained from ABC Bank a loan of P12,000,000.00 payable at the end of 10 years. Before maturity, an extraordinary inflation supervened causing the value of the debt to fall to P4,000,000.00 on the date of maturit...