PART 1

I.
IDENTIFICATION:
1.
2.
3.
4.
5.

The kind of fruits derived by virtue of a juridical relation.

The act of depositing the thing or amount due, with the proper court when the creditor does not desire or cannot receive it.
A condition the fulfillment of which will extinguish an obligation already existing.
The gratuitous abandonment by the creditor of his right against the debtor.
The delay of the obligor in reciprocal obligations.

II. TRUE OR FALSE: Write True if the statement is correct and False if it is wrong.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
III.

A personal right is binding or enforceable against the whole world.

A reminder made by one to the other to perform an obligation constitutes a demand.
Civil fruits are those produced by lands of any kind through cultivation or labor.
Obligation arising from contracts have the force of law between contracting parties and should be complied with in good faith.
Legal delay is merely the failure to perform an obligation on time.
When there is a suspensive term or period for the performance of the obligation to deliver arises upon expiration of the term
or period.
A waiver of action for future fraud is valid.
When there is performance by a party in reciprocal obligation, demand is not necessary to put debtor in delay.
The rule that every person is obliged to give something is also obliged to take care of it with a proper diligence of a good father
of a family is absolute.
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be valid.
The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises.
Culpa aquiliana is a negligence resulting in the commission of a crime.
legal tender is that which a debtor may compel a creditor to accept in payment of the debt.
The obligation to give a determinate thing includes that of delivering all its accessions and accessories even though they may
not have been mentioned.
Mora accipiendi refers to the delay of the obligors in reciprocal obligations.

MULTIPLE CHOICE: Write the letter of the correct answer.

21. Which of the following is wrong in alternative obligations?
a) The obligor shall completely perform one of them.
b) The obligee cannot be compelled to receive part of one and part of the other undertaking
c) The right of choice belongs to the creditor, unless it has been expressly granted to the debtor.
d) The debtor shall have no right to choose to those prestations which are impossible, unlawful or which could not have been the
object of the obligation.
22. The thing is considered lost when
a) It perishes
b)It becomes illegal

c)It cannot be recovered

d)All of the above

23. Which of the following is not a special form of payment?

a) Dacion en pago b) payment by cession c) tender of payment and consignation d)compensation e) application of payment
24. Which of the following extinguishes an obligation?
a) Novation
b) death of a party
c) happening of a fortuitous event

d) all of the above e) none of the abve

25. In facultative obligation, the right to make the substitution belongs to

a) only the debtor b) only the creditor
c) neither the debtor nor the creditor

d) both the debtor and the creditor

26.
a)
b)
c)
d)
e)

An obligation becomes solidary when

the obligation expressly so states
the law requires solidary
the nature of the obligation requires solidarity
all of the above
none of the above

27. A binds himself to pay B from time to time. The obligation is deemed to be:
a) Pure
b) with a period
c) subject to a resolutory condition
d) subject to a resolutory period e) conditional
28. A delay on the part of the debtor to fulfill his obligation
a) mora solvendi b) mora accipiendi
c) compensatio morae

d) legal delay

e) default

29. Which is not a ground for liability which may entitle the injured party to damages?
a) Dolo
b) culpa
c) force majeure
d) mora

e) fault

30. Negotiorum gestio and solution indebiti are forms of

a) Contract
b) quasi-delict
c) quasi contracts

e) mora

d) torts

31. The act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it.
a) Reimbursement b) legal tender
c) consignation
d) tender of payment
e) cession
32. Pablo Santos and Mario Sanchez are solidarily indebted to Juan de la Cruz in the amount of P100,000.00. The debt
prescribed. What is the effect if Pablo Santos, nevertheless, paid the debt?
a) Pablo Santos can still collect from Mario Sanchez
b) Pablo Santos can recover from Juan de la Cruz
c) Pablo Santos cannot collect from either Mario Sanchez or Juan de la Cruz
d) Both a and b
e) None of the above

33. Fruits that are spontaneous products of the soil and the young and other products of animals
a) industrial fruits b) civil fruits
c) agricultural fruits
d) natural fruits

e) botanical fruits

34. First Statement: A pure obligation is one which is not subject to any condition.
Second Statement: A pure obligation is an obligation which is demandable at once..
a) Both statements are true
b) Both statements are false
c) The first statement is true but the second one is false
d) The first statement is false but the second one is true
e) None of the above
35. Jose promises to paint Juan's picture for Pedro, who intends to sell it to Maria. The prestation of the obligation is:
a) painting of Juan's picture
b) Juan
c) Joe
d) Pedro
e) Maria
36. Meeting of minds whereby one binds himself, with respect to the other, to give something or to render some service.
a. Consent
b) Object
c) Cause
d) Contract
37. The contracting parties may establish such stipulation, clauses, terms and conditions provide they are not contrary to
a. Law
b) Morals
c) Good customs
d)All of the above
38. The contracting parties may establish such stipulation, clauses, terms and conditions provide they are not contrary to
a. Public order
b) Public policy c) A and B
d)Neither A nor B
39. Contracts take effect between the
a. Parties
b. Assigns

c. Heirs

d. All the above

40. Where the rights and obligations arising from the contract are not transmissible by their nature, said contract shall take effect
between the
a. Parties
b. Assigns
c. Heirs
d. All of the above
41.
a)
b)
c)
d)

Which of the following is an obligation with a condition? promise to give you P1,000,000.00
As soon as I have the money.
If your sister dies of TB
On September 5, 2010
As soon as my parents permit me to do.

42. A and B are joint debtors of C, D, E and F, solidary creditors to the amount of P1,000.00. How much can C collect from A?
a) P1,000.00
b) P500.00
c) P250.00
d) P125.00
43. The failure to observe for the protection or interest of another that degree of care and precaution, which the circumstances
justly demand, whereby such other person suffers injury.
a) Mora
b) dolo
c) delict
d) culpa
44. The obligation to give may refer either to:
a) specific or determinate object or thing
b) indeterminate or generic thing
45. Obligation arise from:
a) Crimes

b) law

c) both a and b
d) none of the above
c) contracts

d) a, b and c

e) b and c only

46. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be _______
a) Subject to a suspensive condition
b) conditional
c) with a period
47. Which is not a ground for the reduction of a penalty by the courts
a) partial or irregular performance
b) valid penal clause
48.
a)
b)
c)
d)

c) iniquitous or unconscionable penalty agreed upon

The following obligations are deemed divisible. Which is the exception?

Execution for a certain number of days of work
Accomplishment of work by metrical units
Analogous things which by their nature are susceptible of partial performance
To give a definite thing

49. Three of the following are requisites of an obligation. Which is the exception?
a) Prestation
b) efficient cause
c) passive subject
d)delivery
50. Which obligation is not demandable at once.
a) When it is pure
b) When it is subject to a resolutory condition

c) When it is subject to a resolutory period

d) When it is one with a period