Professional Documents
Culture Documents
M-1401
LAW ON OBLIGATIONS
1. Obligations may arise from any of the following, except:
a. Contracts
b. Quasi-contracts
c. Law
d. Negligence
2. A juridical necessity to give, to do or not to do
a. Civil Obligations
b. Natural Obligations
c. Moral Obligations
d. Social Obligations
3. It is the voluntary administration of property of another without his consent
a. Negotiorum Gestio
b. Solutio Indebiti
c. Quasi Delict
d. Contract
4. It is a wrong committed without any pre-existing relations between the parties
a. Natural Obligations
b. Quasi Delict
c. Quasi Contract
d. Culpa Contractual
5. The following are the requisites of an obligations, except:
a. Passive Subject, Debtor or Obligor
b. Active Subject, Creditor or Obligee
c. Efficient Cause
d. Presentation
6. Where A voluntarily takes charge of the neglected business of B without the latters authority
where reimbursement must be made for necessary and useful expenses, there is a:
a. Quasi Delict
b. Quasi Contract
c. Negotiorum Gestio
d. Solutio Indebiti
7. It is a thing that is particularly designated or physically segregated from all others of the same
class:
a. Generic Thing
b. Indeterminate Thing
c. Determinate Thing
d. Real Thing
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b. Liquidated
c. Temperate
d. Moral
Damages predetermined beforehand
a. Temperate
b. Liquidated
c. Actual
d. Moral
The creditor has a right that is enforceable against a definite passive subject. This right is
known
a. Personal Right
b. Real Right
c. Natural Right
d. Civil Right
The obligee has a right to enforce the obligations against the obligor in a court of law
a. Civil Obligation
b. Moral Obligations
c. Natural Obligations
d. Social Obligations
The duty not to cover what has voluntarily been paid although payment was no longer
required
a. Civil Obligations
b. Natural Obligations
c. Moral Obligations
d. Juridical Obligations
Cannot be enforced by court action and depend exclusively upon the good conscience of the
debtor
a. Civil Obligations
b. Natural Obligations
c. Moral Obligations
d. Juridical Obligations
The obligations of husband and wife to render mutual help and support arises from
a. Contract
b. Law
c. Quasi Contract
d. Quasi Delict
Whenever in an obligation a period is designated, it is presumed to have been established for
the benefit of:
a. Both of the creditor and debtor
b. The creditor
c. The debtor
d. the third party
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d. Condonation
A executes a promissory note in favour of B who subsequently indorsed it in favour of A. The
obligation to pay the promissory note is thereby extinguished because there is?
a. Confusion or Merger
b. Novation
c. Remission
d. Compensation
The distinction between conventional subrogation and assignment is that in conventional
subrogation:
a. It is a mere cession of right
b. An obligation is extinguished and another appears
c. The same obligation, without being extinguished
d. The debtors consent is necessary
If the obligor binds himself to perform his obligations as soon as he shall have obtained the
loan from a certain bank, this obligation is:
a. With a term
b. Conditional
c. Suspensive
d. Resolutory
It presupposes not only that the obligor is able, ready and willing but more so, in the act of
performing his obligation:
a. Promissory Note
b. Tender of Payment
c. Bill of Exchange
d. Obligation to Sell
Acceptance of a commercial document is equivalent to payment
a. The check has been received as payment
b. The check became valueless because of the creditors fault
c. The check is a managers check or cashiers check
d. The promissory note is used as payment
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
guaranty or security for the debt
b. When he does no furnish a guaranty or security for the debt
c. When the debtor attempts to abscond
d. When he violates any undertaking in consideration of which the creditor agreed to the
period.
When the debtor binds himself to pay when his means permits him to do so is one:
a. With a condition dependent upon the debtors will
b. With the resolutory period upon the debtors will
c. With the suspensive period dependent upon the debtors will
d. With the condition to be fixed by court
38. When the debtor binds himself to pay when his means permits him to do so, the obligations is:
a. Conditional
b. Pure
c. Simple
d. With a Period
39. In three of the following cases, advance payment by the debtor is not recoverable. Which is
the exception?
a. The obligation was not yet due and demandable but the debtor believed it was already
due and demandable
b. The payment is only for interest and credited for the proper period
c. The advance payment was made by both parties reciprocally
d. The debtor was aware of the period
40. This is payment in kind:
a. Consignation
b. Payment by cession
c. Dation en pago
d. Application of payment
41. When the obligation is extinguished because of the passage of time:
a. Fulfilment of resolutory condition
b. Arrival of resolutory period
c. Prescription
d. Rescission
42. The source of obligation which is a rule of conduct, just and obligatory, promulgated by
legitimate authorities for common good, benefit and observance
a. Contracts
b. Quasi contracts
c. Delicts
d. Law
43. Unless the law or the stipulation of the parties require another standard of care every person
obliged to give something is also obliged to take care of it with proper diligence
a. Observing utmost care
b. Observing extraordinary care
c. Of a father of a good family
d. Observing ordinary diligence
44. Ordinary diligence is
a. Diligence of a good father of a family
b. Extraordinary diligence
c. Diligence required by law
d. Diligence of a father of a good family
45. The following are kinds of fruits of an obligations, except
a. Natural
b. Civil
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c. Industrial
d. Penal
Spontaneous products of the soil and the offspring and other products of animals
a. Natural
b. Industrial
c. Civil
d. Penal
The following except one, are included in civil liability. The exception is
a. Restitutution
b. Reparation
c. Indemnification
d. Compensation
The obligation begins only from a day certain or upon arrival of the period
a. Ex die
b. In diem
c. Conditional
d. With a period
In a joint obligation, joint means any of the following, except
a. Pro rata
b. Proportionate
c. Mancomunada simple
d. Individually and collectively
Where two or more prestations have been agreed upon, and all of them must be performed,
the obligation is
a. Alternative
b. Facultative
c. Conjoint
d. Solidary
The transfer to a third person of all the rights appertaining to the creditor including the right to
proceed against the guarantors, or possession of mortgages, subject to any legal provision or
modification that may be agreed upon
a. Novation
b. Delegacion
c. Expromission
d. Subrogation
Compensation cannot take place, except
a. When one debt arises from the obligation of a depositary
b. when one debt arises from the obligations of a bailee in a commodatum
c. when one debtarises because a claim for support due to gratuitous title
d. when one debt arises from a bank deposit
53. Action where a person in possession of certain property may bring an action against the
conflicting claimants to compel them to interplead and litigate their several claims among
themselves.
a. Garnishment
b. Interpleader
c. Injunction
d. Attachment
54. X is under obligation to deliver Ys car to the latter. However, before delivery Z destroys the car.
Which is incorrect?
a. Xs obligation to deliver the car to Y is extinguished
b. X is allowed to recover from Z
c. Y has the right to bring an action against Z
d. X is not obliged to give Y an equivalent value of the car
55. When the debtor binds himself to pay when his means permits him to do so, the obligation is
a. Conditional
b. pure
c. Simple
d. With a period
56. Ray signs a promissory note and binds himself to pay Rex P100,000 plus 15% per annum
interest on June 30, 2014.
a. Before June 30, 2014, Rex can demand payment
b. If on June 30, 2014 Ray is paying Rex, the latter can refuse payment
c. Ray can compel creditor Rex to accept payment before June 30, 2014
d. Because the period is for the benefit of the debtor and creditor, Rex can refuse any
tendered payment before June 30, 2014
57. The debtor shall lose the right to make use of the period in the following cases, except:
a. When he becomes insolvent
b. When he violates any undertaking in consideration of which the creditor agreed to the
period
c. When the debtor attempts to abscond
d. When he does not furnish any guaranty or security to the creditor
58. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a
substitute. Which 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 debtors fault after substitution, the debtor shall pay
damages.
59. A entered into a contract with B by which A promised to deliver at price stipulated in the
contract. Such delivery is to be made on February 14, 2001 with penalty in case of default. In
this case, no further demand by B on A is necessary to consider A in delay because:
a. Time is of the essence
b. The obligation expressly so provides
c. The demand would be useless
d. Answer not given
60. When the period is on or before a date, the debtor has the benefit for the period. This
benefit is lost and obligation becomes demandable when
a. The debtor attempts to abscond
b. After contracting the obligations, the creditor suspects the debtor of becoming insolvent
c. The guarantee given is not acceptable by the creditor
d. Demand by creditor is useless
61. One of the following shall produce the effect of payment of debts
a. Delivery of checks
b. Tender of central bank notes
c. Delivery of promissory Note
d. Dacion en Pago
62. A promissory note signed by A dated March 15, 2015 is worded as follows I promise to pay B
the sum of fifty thousand pesos provided that if she should fail in October 2015 CPA Exam, she
shall return to me the said amount. The above note gives rise to an obligation with:
a. Suspensive condition
b. Casual condition
c. Resolutory condition
d. Answer not given
63. Which of the following is not considered as quasi contract?
a. Solution Indebiti
b. When the third person without the knowledge of the debtor, pays the debt
c. Negotiorum Gestio
d. Reimbursement due to a person who saved the property during fire or storm without
the owners knowledge
64. In tender and consignation, if after consignation is made, the creditor allows the debtor to
withdraw the thing deposited in court, which is not true?
a. Co-debtors, guarantors and securities are released from the obligation unless they
consented
b. The obligation remains to subsist
c. The obligation is extinguished
d. None of the above.
65. D owes C P10,000 payable December 25, 2015. Later D forced C to sign a promissory note for
P10,000 payable on December 25, 2015. If all other requisites of compensation are present, are
both debts extinguished?
a. Yes, under legal compensation
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c. Payment by cession
d. Remission
Debtors default in real obligation
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex persona
d. Compensatio morae
Where demand by the creditor shall be necessary in order that delay may exist
a. When time is of the essence of the contract
b. When demand would be useless
c. When the obligor has expressly acknowledged that he is in default
d. When the obligor requested for an extension of time
Novation which changes the object or the principal condition of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
Novation which changes the parties to the obligation
a. Real
b. Personal
c. Mixed
d. Partial
Novation which changes the object and parties of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
The act of putting somebody onto the shoes of the creditor enabling him to exercise all the
rights and action that could have been exercised by the latter.
a. Agency
b. Partnership
c. Subrogation
d. Novation
XYZ are jointly and severally liable to Andrew for P30, 000 which matures on June 15, 2013. On
May 1, 2013, X paid Andrew for the whole amount of the debt. If on Dec. 1, 2013, X will be
reimbursed by Y, the latter will be liable for:
a. P10, 000 with interest from June 15, 2013 to December 1, 2013
b. P10,000 without interest
c. P10,000 with interest from May 1, 2013 to June 15, 2013
d. P10,000 with interest from May 1,2013 to Dec. 1, 2013
A, B and C solidarily debtors owe solidary creditors X and Y P299, 999. 00.X remitted the entire
obligation in favor of A. The effect is:
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a. C may choose the delivery to him of the bracelet, or the price of the watch or the price
of 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.
A, B, and D, solidary debtors, are obliged to give V, W, Y and Z, joint credits, P2000, 000. 00
a. V may collect from C P 200, 000. 00
b. V may collect from C P 40, 000. 00
c. V may collect from C P 50, 000. 00
d. V may collect from C P 10, 000. 00
This is a promissory note: I promise to pay A, B and C the sum of P 45,000. 00." (signed) D, E
and F.
a. F is obliged to pay C P 15, 000. 00
b. F is obliged to pay C P 13, 999, 000. 00
c. F is obliged to pay C P 145, 000. 00
d. F is obliged to pay C P 16, 000. 00
In alternative obligation, the right of choice belongs to:
a. The creditor
b. The debtor
c. Both the creditor and the debtor
d. Third person
In facultative obligation, the right of choice belongs to:
a. The creditor
b. The debtor
c. Both the creditor and the debtor
d. Third person
D borrowed P 50, 000. 00 from C.C dies before he has collected the debt leaving S, his son as
heir. Which of the following statement is correct?
a. S can collect from D although D and C did not agree that the right to the debt will pass
on to the heirs of C.
b. S cannot collect because the credit right is personal to C.
c. S can collect only if D and C agreed that the right to the debt will pass on the heirs of C.
d. S cannot collect because the law prohibits the transmission of the credit right.
A and B promised to deliver car valued at P 100, 000 to C on or before December 15, 2013. Dec.
15, 2013 came and upon demand by C of delivery from A and B, A is willing to deliver but B
refused to deliver. In the case at bar:
a. An action for specific performance will lie against both A and B
b. Both A and B shall be liable for P 50, 000 each with damages
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c. B shall be liable for P 50, 000 without damages and A shall be liable for P 50, 000 with
damages
d. C can demand delivery of the car from A or B
A owes B who has 11 legitimate children, P99, 000 payable on demand on December 31, 2013
a. If A dies before Dec. 31, 2013, B cannot collect from the heirs of A.
b. If A dies before Dec. 31, 2013, B can collect from the heirs of A.
c. If B dies, his eleven legitimate children cannot recover from A his obligation.
d. If both A and B die, the heirs of B can collect from the heirs of A.
X by mistake delivered to A and B a sum of money which should have been delivered to C and D.
X now demand the return of the same from A and B. the liability of the latter for the sum of
money to which they are not entitled shall be:
a. A and B shall be liable solidarily
b. A and B shall be liable jointly
c. They are not liable for having received the money in good faith
d. X has no right to recover as he was negligent in the delivery of the money
Specific performance may not be possible in this civil obligation
a. Raymond, a painter, obliges himself to paint the portrait of Andrew on Nov. 29, 2013
b. Fernando, a farmer, obliges himself to give his only cow to Rex on Feb. 14, 2014
c. Andrew, a veterinarian, obliges himself to give one of his dogs to Fernando on Jan. 30,
2014
d. Rex, a registrar of deeds, obliges himself to effect registration of Raymond s parcel of
land on Feb. 28, 2014
This is a valid obligation
a. A will give B P 100, 000 if B will kill C
b. A will give B P 1, 000, 000 if B will agree to be the mistress of A
c. A will give B P 10, 000 if B can make C rise from the dead
d. A will give B P 1, 000 if B will not pose nude in a painting session
A, B, C and D, joint debtors, are obliged to give V, W, X , Y and Z, solidary creditors, P 200,
000.00
a. V may collect from B P 200, 000.00
b. V may collect from B P 40, 000. 00
c. V may collect from B P 50, 000. 00
d. V may collect from B P 10, 000. 00
The loss or deterioration of thing intended as a substitute through the negligence of the obligor
does not render him liable.
A person alternatively bound by different prestations shall completely perform one of them.
a. True, true
b. True, false
c. False, true
d. False, false
A, B, C and D, solidarily debtors, are obliged to give V, W, X, Y, Z, solidary creditors, P 39, 897.
00