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1. What is the definition of an obligation under Article 1156 of the New Civil Code of the Philippines?
a. Juridical necessity to do or not to do.
b. Juridical necessity to give or not to give.
c. Juridical necessity to give, to do or not to do.
d. Juridical necessity to give, not to give, to do or not to do.
2. Which of the following statements best describes a negative obligation?
a. It refers to an obligation which consists of giving or doing something.
b. It refers to an obligation which consists to the delivery or giving of personal or real object.
c. It refers to an obligation which consists of doing a particular prestation but not delivery of an object.
d. it refers to an obligation which consists of abstaining from some act.
3. Which of the following is a positive and real obligation?
a. Obligation to teach
b. Obligation not to smoke in public place
c. Obligation to deliver the goods
d. None of the above
4. The following are the essential elements of an obligation, except
a. An active subject, who has the power to demand prestation, also known as the obligee or creditor.
b. A passive subject, who is bound to perform the prestation, also known as the obligor or debtor.
c. Object or prestation, which is the promise or particular conduct to be performed in the performance
of an obligation, and may consist of giving, doing or not doing a thing.
d. Efficient cause, the tie which binds the parties to the obligation, also known as juridical tie or vinculum.
e. The form in which the obligation is manifested.
5. Among the essential elements of an obligation, which are considered the personal elements?
a. Obligee and obligor
b. Prestation and vinculum
c. Obligee and vinculum
d. Prestation and obligor
6. The following statements concerning an obligation are correct, except
a. The obligation to give is one in which the prestation consists in the delivery of a movable or an immovable
thing.
b. The obligation to do includes all kinds of work or services.
c. The obligation not to do consists in abstaining from some act.
d. The obligation not to give is a positive obligation.
7. The following are the requisites of a prestation or an object of an obligation, except
a. It must be possible, physically and juridically.
b. It must be determinate, or. at least, determinable according to pre-established elements or criteria.
c. It must have possible equivalent in money.
d. It must be a positive obligation only.
8. The following are examples of vinculum or efficient cause or juridical tie of an obligation, except
a. Relation established by law
b. Relation established by contract
c. Relation established by quasi-contract
d. Relation established by quasi-delict
e. Relation established by delict or crime
f. Relation established by natural obligation
9. Which of the following obligations is not enforceable by a court action?
a. Legal obligation
b. Contractual obligation
c. Civil obligation
d. Natural obligation
10. Which of the following statements concerning the distinctions between civil obligation and natural obligation are
true?
I. Civil obligations derive their binding force from positive law, while natural obligations derive their
binding effect from equity and natural justice.
II. Civil obligations can be enforced by court action or the coercive power of public authority, while the
fulfillment of natural obligations cannot be compelled by court action but depends exclusively upon the good conscience of the debtor. However, voluntary fulfilment of natural obligation by the debtor will preclude him from asking for reimbursement from the creditor of the amount he has voluntarily paid.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
11. The following are examples of natural obligations that cannot be enforced by court action but depends upon
the voluntary fulfillment of debtor, except
a. The obligation of a debtor to pay a loan evidenced by a written contract of loan but a period of 10 years
had already lapsed from maturity date without demand from creditor.
b. The obligation of a debtor to reimburse a third person who has paid the debtor's obligation aner it has
already lapsed.
c. The obligation of a testate or intestate heir to pay the debt of a decedent beyond the value of the property
which he received by will or by the law of intestacy from the estate of the deceased.
d. The obligation of the employer of a "Kasambahay" to pay the 13 th^ month pay of the latter.
12. The following are the sources of civil obligation demandable in a court of law, except
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts or Culpa Aquiliana or Torts
e. Delict or Crime or acts/omissions punishable by law
f. Religious doctrines
13. It is a source of an obligation that refers to the principles and regulations established in a community by some
authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.
a. Law
b. Contract
c. Quasi-contract
d. Quasi-delict
14. Which of the following statements concerning obligations arising from law is incorrect?
a. Only obligations expressly determined in the Civil Code or in special laws are demandable.
b. The law cannot exist as a source of obligations, unless the acts to which its principles may be applied exist.
c. The obligations and correlative rights arising from law shall be governed by the law by which they are
created.
d. The obligations derived from law are presumed.
15. What is the source of obligation of parents to provide support to their children?
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts
e. Delict
16. It is a source of an obligation that refers to meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.
a. Law
b. Contract
c. Quasi-contract
d. Quasi-delict
17. Which of the following statements concerning obligations arising from contracts are correct?
I. Obligations arising from contracts have the force of law between contracting parties.
a. Solidary
b. Joint
c. Pro-rata
d. Subsidiary
25. When will a person who accepts an undue payment of a sum of money be liable for interest?
a. When he receives the undue payment in bad faith.
b. When he receives the undue payment in good faith.
c. When he receives the undue payment, regardless of being bad or good faith.
d. Under all instances.
26. When will a person, who in good faith accepts an undue payment of a thing certain or determinate,
be responsible for the impairment or loss of the same or its accessories and accessions?
a. He is liable only in so far as he has thereby been benefited.
b. When he is not guilty of negligence.
c. He is liable in any instances.
d. When the reason of loss is fortuitous event.
27. It is source of an obligation that refers any act or omission punishable by law
a. Crime or Delict
b. Quasi-contract
c. Contract
d. Quasi-delict
28. Is a person criminally liable also liable to pay civil damages to a private offended party?
a. Yes, as a general rule, unless the crime committed does not cause civil damages,
b. Yes in all cases.
c. No unless the People of the Philippines ask for damages.
d. No because criminal liability means imprisonment only.
29. What is the nature of civil liability of two or more persons (crimina) who are convicted of crime?
a. Solidary
b. Joint
c. Pro-rata
d. Subsidiary
30. Article 100 of the Revised Penal Code provides that every person criminally liable for a felony is also civilly
liable for damages. Under Article 12 of the Revised Penal Code, the following persons will not be imprisoned (exempted from criminal liability) but will still be liable for civil damages (civil liability) for their acts, except
a. An imbecile or insane person.
b. A minor or any person under 18 years of age.
c. Any person who acts under the compulsion of an irresistible force.
d. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
e. Any person who acts under self-defense or any person who acts in the performance of his official duty or
any wife suffering from battered woman syndrome who killed or injured his batterer.
31. The civil liabilities arising from crimes are as follows, except
a. Restitution which refers to restoration of the thing itself even though it be found in the possession of
a third person who has acquired it by lawful means.
b. Reparation of the damage caused which shall be determined by the Court taking into consideration of the
price of the thing and its sentimental value.
c. Indemnification for consequential damages which shall include not only those caused the injured party
but also those suffered by his family or by a third person by reason of the crime.
d. Compromise of the criminal liability.
32. What degree of evidence must be proved by the prosecution for the conviction of an accused of a crime?
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Preponderance of evidence
d. Substantial evidence
33. What degree of evidence must be proved by the private offended party to be entitled to civil damages
arising from crime or delict?
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Preponderance of evidence
d. Substantial evidence
34. What degree of evidence must be proved by the plaintiff in order to recover civil damages arising contract or
quasi-delict?
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Preponderance of evidence
d. Substantial evidence
35. In the prosecution for the crime of criminal negligence, the accused is acquitted on the ground of failure of the
prosecution to prove his guilt beyond reasonable doubt. May the private offended party file another civil case based on quasi-delict?
a. Yes because a single act may result to different sources of obligation and crime and quasi-delict are separate
and distinct sources of civil liability but the private offended party (plaintiff) cannot recover twice civil damages for a single act since civil damages are awarded to compensate the victim for the injury caused to him but not to unjustly enrich him.
b. No because the accused shall not be subject to double jeopardy.
c. Yes only if there is a contract between the contending parties.
d. No because the private offended party is barred by the principle of res judicata.
36. It refers to a source of an obligation wherein a person by act or omission causes damage to another, there being
fault or negligence.
a. Contract
b. Quasi-contract
c. Quasi-delict or culpa aquiliana or torts
d. Delict
37. The following are the requisites in order that civil liability for quasi-delict or torts may exist, except
a. There is pre-existing relation between the offender and offended parties.
b. There exists a wrongful act or omission imputable to the defendant by reason of his fault or negligence.
c. There exists a damage or injury which must be proved by the person claiming recovery.
d. There must be a direct causal connection or a relation of cause and effect between the fault or negligence
and the damage or injury, or that the fault or negligence be the cause of the damage or injury.
38. Negligence or culpa which results to civil liability arising from quasi-delict or torts is also known as
a. Culpa criminal
b. Culpa aquiliana
c. Culpa contractual
d. Culpa liberal
39. The following are the distinctions between quasi-delict and crime or delict, except
a. The right violated by a quasi-delict is a private right while the right violated by a crime is a public right.
b. Every quasi-delict gives rise to liability for damages to the injured party but there are crimes from which
no civil liability arises.
c. Criminal liability can never be compromised except in criminal negligence but liability from quasi-delict
can be compromised.
d. In quasi-delict, criminal intent is not necessary, while in crime, criminal intent is necessary except in
criminal negligence.
e. In order to convict a person of crime, only preponderance of evidence is required but in order to
prove negligence in quasi-delict, proof beyond reasonable doubt is required.
40. In case of tort, when will the plaintiff or injured party be barred or precluded from recovering damages?
a. When plaintiffs own negligence was the immediate, proximate and sole cause of his injury.
b. When the reason of the injury is a fortuitous event but with contributory negligence of tortfeasor.
c. When plaintiffs negligence was only contributory, the immediate and proximate cause of the injury
being the defendant's lack of due care.
c. Law
d. Quasi-delict or crime at the option of B
48. Using the same data in preceding number, what can be the source of obligation of the owner- driver of
private car as regards to A, the passenger?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of A
49. Using the same data in preceding number, what can be the source of obligation of the owner- driver of
private car as regards to B, the pedestrian?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of B
50. Which of the following statements concerning the obligation to deliver a thing is correct?
I. A generic or indeterminate thing is only indicated by its kind, without being designated and distinguished
from others of the same kind.
II. A determinate or specific thing or delimited generic thing is one that is individualized and can be
identified or distinguished from others of its kind.
a. Neither I nor II
b. Both I and II
c. I only
d. II only
51. Which of the following refers to a determinate thing or specific thing or delimited generic thing?
a. White horse
b. Pilot ballpen
c. Car with engine number 143-
d. House and lot in Villa Lourdes Subdivision
52. Which of the following refers to an indeterminate thing or generic thing?
a. Black Honda Civic Car with Plate Number CPA-
b. Which Machinery with Serial Number 123-
c. Red motor cycle with engine number 143-
d. Studio Type Condominium unit in Avida Taft Tower I
53. The following are the incidental or accessory obligations in an obligation to deliver a determinate thing or
specific thing or delimited generic thing, except
a. Obligation to preserve the thing with due care.
b. Obligation to deliver the fruits if the fruits occur after the obligation to deliver the determinate thing
arises.
c. Obligation to deliver the accessions and accessories.
d. Obligation to pay for the freight and insurance in transit.
54. In an obligation to deliver a determinate thing, what degree of diligence shall be exercised by the obligor or
debtor in the preservation of the determinate or specific or delimited generic thing?
a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of
care.
b. Diligence of a father of a good family unless the law or the stipulation of the parties requires
another standard of care.
c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person
unless the law or the stipulation of the parties requires another standard of care.
d. No diligence unless the law or the stipulation of the parties requires another standard of care.
55. In an obligation to deliver a determinate or specific or delimited generic thing, when is the creditor or obligee
entitled to the fruits of the determinate thing or when does the creditor obtain personal rights over the fruits of
the determinate or specific or delimited generic thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver the determinate thing arises.
c. From the time it is delivered physically or constructively.
d. From the fulfillment of resolutory condition.
56. In an obligation to deliver a determinate thing, when does the creditor or obligee obtain real rights over the
fruits of the determinate thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver it arises.
c. From the time the fruits are delivered physically or constructively.
d. From the fulfillment of resolutory condition.
57. In a contract of sale. when is the buyer or vendee entitled to the fruits of the determinate thing or when does
the buyer or vendee obtain personal rights over the fruits of the determinate thing?
a. From the time of the perfection of the contract of sale of determinate thing.
b. From the time the obligation to deliver arises.
c. From the time the determinate thing is delivered.
d. From the fulfillment of resolutory condition.
58. Which of the following statements concerning real right and personal right is correct?
I. A real right is the power belonging to a person over a specific thing, without a passive subject individually
determined, against whom such right may be personally exercised. It can be exercised against any person or against the whole world.
II. A personal right is the power belonging to one person to demand of another, as a definite passive subject,
the fulfillment of a prestation to give, to do or not to do. It can be exercised against a particular person.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
59. As a general rule, when a debtor or obligor fails to comply with his obligation, the creditor or obligee may
avail himself of what remedies?
a. Action for specific performance or action to rescind or resolve the obligation.
b. Action for specific performance with damages only.
c. Action to rescind or resolve the obligation with damages only.
d. Action for specific performance or action to rescind the obligation or action for damages, exclusively or
in addition to either of the first two actions.
60. What is the proper remedy of the creditor in the case the debtor or obligor fails to comply with his obligation
to deliver a determinate or specific or delimited generic thing?
a. Action for specific performance in addition to damages under Article 1170.
b. He may ask the obligation to be complied with at the expense of the debtor with damages.
c. Action for rescission of the obligation.
d. Action for annulment of the contract.
61. What is the remedy of the creditor in the case the debtor or obligor fails to comply with his obligation to
deliver an indeterminate or generic thing?
a. Action for rescission of the obligation.
b. He may file an action for specific performance with damages only.
c. He may ask the obligation to be complied with at the expense of the debtor with damages only.
d. Either B or C.
62. Is the debtor or obligor liable for damages by reason of the loss of the determinate thing due to fortuitous
event?
a. No, as a general rule, except in those cases provided by law.
b. Yes, as a general rule, unless he is exempted by creditor or obligee.
c. Yes in all cases.
d. No in all cases.
70. In an obligation to do, what is the remedy of the creditor in case the debtor did it in contravention of the tenor
of the obligation or did it poorly?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner or it may be decreed that what had been poorly
done be undone at the expense of the debtor.
d. Action for damages only to be awarded by the Court.
71. In an obligation consisting in not doing, what is the remedy of the creditor in case the debtor does what has
been forbidden him?
a. It shall be undone at the expense of debtor with no damages.
b. It shall be undone at the expense of debtor with indemnification for damages.
c. Action for specific performance with damages.
d. Action for rescission.
72. When does the debtor or obligor incur delay in an obligation to do something?
a. From the time the obligee demands judicially or extrajudicially the fulfillment of obligation.
b. From the time the obligee demands judicially the fulfillment of obligation.
c. From the time of the perfection of the contract.
d. From the fulfillment of resolutory condition.
73. Delay can exist in the following obligations, except
a. Obligation to do
b. Obligation to give
c. Obligation not to do
d. None of the above
74. As a general rule, demand by the creditor is necessary in order for debtor's delay to exist. However, the
following are the exceptional cases When demand by the creditor shall not be necessary in order for debtor's delay to exist, except
a. When the obligation expressly so declares that demand is not necessary for delay to exist or that demand
is waived.
b. When the law expressly so declares that demand is not necessary for delay to exist.
c. When from the nature and the circumstances of the obligation it appears that the designation of the time
when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract.
d. When there is unilateral obligation.
e. When demand would be useless, as when the obligor has rendered it beyond his power to perform.
75. In a reciprocal obligation, when does the other party incur delay?
a. From the moment one of the parties makes a demand.
b. From the moment one of the parties fulfills his obligation.
c. When both parties do not comply with what is incumbent upon them.
d. When both parties are not ready to comply in proper manner their obligations.
76. Delay or Default (Mora) on the part of the debtor or obligor is called
a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
d. Mora Obligor
77. The following are the requisites in order that the debtor or obligor may be in default, except
a. There must be a complaint filed in court against the debtor.
b. The obligation must be demandable and already liquidated.
c. The debtor delays performance of the obligation.
d. The creditor demands the performance judicially or extrajudicially.
78. Which of the following is the effect of delay on the part of the debtor a.k.a mora solvendi?
I. The debtor becomes liable for damages for the delay.
II. When it has for its object a determinate thing, the delay places the risk of the thing on the debtor.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
79. The following are the effects of the delay on the part of the creditor a.k.a mora accipiendi, except
a. The creditor becomes liable for damages.
b. The debtor may relieve himself of the obligation by the consignation of the thing.
c. The debtor bears the risk of the loss of the thing.
d. The responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence.
e. All expenses for the preservation of the thing after the mora shall be chargeable to the creditor.
80. What is the effect of delays on both debtor and creditor a.k.a. compensatio morae?
a. The delays on the part of both debtor and creditor are compensated or offsetted, therefore, no one is
liable for damages.
b. The debtor remains to be liable for damages.
c. The creditor remains to be liable for damages.
d. The obligations becomes void.
81. When will the benefits arising from default or delay stop?
a. By delay of the other party.
b. By rescission of the contract.
c. By payment of damages.
d. By renunciation by other party of effects of delay or by prescription.
82. Article 1170 of the Civil Code provides that "The debtor or obligor shall be liable for damages if in the
fulfillment of obligation, he is guilty of the following. except
a. Fraud or dolo
b. Negligence or fault or culpa
c. Delay or default or mora
d. Contravention of the tenor of obligation
e. Good faith
83. Which of the following statements pertains to "fraud"?
a. It is the failure to observe for the protection of the interests of another person, that degree of care,
precaution and vigilance which the circumstances justly demand, whereby such person suffers injury.
b. It refers to the non-fulfillment of the obligation with respect to time.
c. It refers to the deliberate and intentional evasion of the normal fulfillment of obligations.
d. It refers to illicit act which impairs the strict and faithful fulfillment of the obligation or every kind of
defective performance.
84. When is the debtor not liable for damages in cases of contravention of tenor or delay in the performance
of obligation?
a. It is malicious or intentional.
b. There is gross negligence.
c. It is due to fortuitous events.
d. It is due to force majeure and there is stipulation making the debtor liable even in such case.
85. The following are the types of damages that may be awarded to the aggrieved party by the court,
except
a. Moral damages are damages awarded by reason of physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
b. Exemplary or corrective damages are damages which are imposed, by way of example or correction for
the public good, in addition to the moral, temperate, liquidated or compensatory damages.
c. Nominal damages are damages adjudicated in order that a right of the plaintiff, which has been violated
or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
d. Temperate or moderate damages are damages which are more than nominal but less than compensatory
foreseen, were inevitable or also known as fortuitous events or force majeure. The following are the instances when a party is liable for the loss even it is due to fortuitous event, except
a. In cases expressly specified by law such as when the debtor incurs delay.
b. When there is stipulation that the obligor or debtor is still liable even in cases of fortuitous events.
c. When the nature of the obligation requires the assumption of risks.
d. When the fortuitous event is the immediate, proximate and sole cause of the damage or injury.
94. The following are the requisites of fortuitous events to exempt the obligor or debtor from liability, except
a. The cause of the unforeseen and unexpected occurrence or the failure of the debtor to comply with
his obligation must be independent of the debtor's will.
b. It must be impossible to foresee the event which constitutes the case fortuito or if it can be foreseen, it
must be impossible to avoid.
c. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal
manner.
d. The obligor must participate in the aggravation of the injury resulting to the creditor.
95. Which of the following presumptions are correct?
I. The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise
to rebuttable presumption that said interest has been paid.
II. The receipt of a later installment of a debt without reservation as to prior installments, shall raise the
rebuttable presumption that Such prior installments have been paid.
a. I and II
b. I only
c. II only
d. Neither I nor II
96. In order to satisfy his claims against the debtor, the unpaid creditor has the following successive rights, except
a. To levy by attachment and execution upon all the property of the debtor, except such as exempt by
law from execution.
b. To exercise all rights and actions of the debtor, except such as are inherently personal to him.
c. To ask for the rescission of the contracts made by the debtor in fraud of his rights.
d. To file an action for damages against a third person who acquires the property in bad faith the property
subject of the litigation.
e. To file a criminal complaint against the debtor.
97. This action may be exercised by the creditor in the place of his negligent debtor in order to preserve or recover
for the patrimony of the debtor the product of such actions, and then obtain therefrom the satisfaction of his own credit. It refers to the right of unpaid creditor to exercise the right of his debtor.
a. Accion reindivicatoria
b. Accion subrogatoria
c. Accion pauliana
d. Accion publiciana
98. It refers to the creditor's right to set side or revoke or rescind the acts or contracts which the debtor may
have done to defraud him.
a. Accion pauliana
b. Accion reindivicatoria
c. Accion publiciana
d. Accion subrogatoria
99. Which of the following statements concerning rights acquired by virtue of an obligation is correct?
a. As a general rule, they are not transmissible.
b. They are transmissible only if there is stipulation to that effect.
c. Subject to the provisions of laws, they are transmissible unless there is stipulation to the contrary.
d. They are always transmissible.
100. It refers to an obligation which contains no term or condition whatever upon which depends the fulfillment
of the obligation contracted by the debtor.
a. Conditional obligation
b. Pure obligation
c. Natural obligation
d. Civil obligation
101. The following obligations are demandable at once or immediately demandable, except
a. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties.
b. Pure obligation
c. Every obligation which contains a resolutory condition without prejudice to the effects of the happening
of the event or obligation with a resolutory period (in diem)
d. Suspensive conditional obligation or obligation with a suspensive period (ex die).
102. It is an obligation which is subject to a condition.
a. Conditional obligation
b. Pure obligation
c. Natural obligation
d. Civil obligation
103. It refers to every future and uncertain event upon which an obligation or provision is made to depend. It
may also pertain to a past event which is unknown to the parties.
a. Period
b. Condition
c. Provision
d. Term
104. The following are considered conditions, except
a. If Golden State Warriors will become 2050-2051 NBA Champion.
b. If Ted Fay will pass the bar exam.
c. Upon the death of Clay Kerry.
d. If John Reyes will graduate in law school.
105. When the debtor binds himself to pay when his " means permit him to do so " or " as soon as possible " or
" as soon as he has the money ", the obligation shall be deemed to be
a. Obligation with a suspensive condition
b. Pure obligation
c. Obligation in diem or with a resolutary period
d. Obligation ex die or with a suspensive period which period may be fixed by court
106. The following are the distinctions between suspensive condition and resolutory condition,
except
a. If the suspensive condition happens, the obligation arises while if the resolutory condition happens, the
rights and obligations already existing are extinguished.
b. In suspensive condition, the rights and obligations do not exist before the happening of the condition
while in resolutory condition, the rights and obligations already exist even before the happening of the condition.
c. Obligation subject to a suspensive condition is not demandable at once while obligation subject to
resolutory condition is demandable at once.
d. Suspensive condition is known as condition subsequent while resolutory condition is condition
precedent.
107. The following obligations are subject to suspensive conditions, except
a. I will give you P 1,000 if you pass the CPA board exam.
b. You can use the book until you graduate in law school.
c. He will dance if he wins in lotto.
d. She will work if KFC becomes number 1.
108. The following obligations are subject to resolutory conditions, except
a. You will be entitled to a cellphone if you pass the bar exam.
b. You can use the car until Regina graduates.
c. You can possess the farm lot until you become a lawyer.
d. You can rent the building until you finish your MBA.
109. Which of the following statements pertains to a potestative condition?
117. When shall the effects of a conditional obligation to give produce effect?
a. They shall be given prospective effect once the condition has been fulfilled.
b. They shall retroact to the day of the constitution or perfection of the obligation once the
condition has been fulfilled.
c. They shall not be given retroactive effect once the condition has been fulfilled.
d. They shall be given retroactive effect even if the condition is not fulfilled.
118. X sells a piece of land to A on January 1, 2020 subject to a suspensive condition. Then, on October 4, 2020,
X sells the land unconditionally to B. The suspensive condition on contract of sale of land to A happens on December 25, 2020. Who shall have the better right assuming there is neither registration of the sale nor delivery of possession to either A or B?
a. B because the sale to him is unconditional.
b. B because his title is older being dated October 4, 2020.
c. A because his title retroacts on January 1, 2020 upon fulfillment of the suspensive condition on
December 25,2020.
d. A because he is the first buyer.
119. In conditional reciprocal obligations to give, what is the treatment of the fruits and interests during the
pendency of the condition?
a. They shall inure to the sole benefit of the creditor.
b. They shall inure to the sole benefit of the debtor.
c. They shall be deemed to have been mutually compensated.
d. They shall be forfeited in favor of the government.
120. In conditional unilateral obligation to give or unilateral obligation to give subject to a period, what is the
treatment of the fruits and interests during the pendency of the condition or during the pendency of the period?
a. They shall inure to the sole benefit of the creditor in the absence of stipulation to the contrary.
b. They shall inure to the sole benefit of the debtor, whether the condition or period is suspensive or
resolutory, in the absence of stipulation to the contrary.
c. They shall be divided equally between the creditor and debtor.
d. They shall be forfeited in favor of the government.
121. In conditional obligation to do or not to do, what is the effect of the fulfillment of the condition?
a. There shall be retroactive effect to the day of the constitution of the obligation.
b. There shall be prospective effect from the moment the condition is fulfilled.
c. The stipulation of the parties shall not be considered.
d. The courts shall determine, in each case, the retroactive effect of the condition that has been complied
with taking into account the agreement of the parties.
122. Before the fulfillment or during pendency of the suspensive condition, what shall the creditor may do in an
obligation subject to a suspensive condition?
a. Demand the specific performance of the obligation.
b. Charge damages and interests.
c. Demand the fruits and interests of the thing.
d. Bring appropriate actions for the preservation of his right.
123. During the pendency of the suspensive condition, the debtor has paid by mistake a sum of money. What
is the remedy of the debtor before the fulfillment of suspensive condition?
a. The debtor can recover the sum of money and interests even if the creditor acted in good faith.
b. The debtor can recover the sum of money but with interests only if the creditor acted in bad faith.
c. The debtor can only recover the sum of money without interests even if the creditor acted in bad faith.
d. The debtor can only recover the sum of money without interests under any circumstances.
124. During the pendency of the suspensive period in an obligation with a suspensive period, the debtor has paid
by mistake a sum of money. What is the remedy of the debtor before the arrival of the suspensive period?
a. The debtor can recover the sum of money plus interests whether the creditor acted in good faith or bad
faith.
b. The debtor can recover the sum of money with interests only if the creditor acted in bad faith.
c. The debtor can only recover the sum of money without interests even if the creditor acted in bad faith.
d. The debtor can only recover the sum of money without interest if the creditor acted in good faith.
125. During the pendency of the suspensive condition, the debtor has delivered a determinate or specific thing
by mistake. What is the remedy of the debtor?
a. Accion of indemnification if the thing is still with the creditor.
b. Accion reinvidicatoria if the thing is still with the creditor.
c. Accion publiciana if the thing is still with the creditor.
d. Accion possessoria if the thing is still with the creditor.
126. The following are the rules to be observed in case of improvement, loss or deterioration of the determinate
thing during the pendency of the suspensive condition in an obligation to give a determinate thing or pendency of the suspensive period in obligation to give a determinate thing, except
a. If the thing is lost without the fault of the debtor, the obligation shall be extinguished.
b. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages.
c. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.
d. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the
creditor.
e. If it is improved at the expense of the debtor, he shall have no other right than that granted to the
usufructuary which means that he shall only have the right to use the improved thing for a reasonable period.
f. Deterioration of the thing, regardless of reason, shall be borne by the creditor.
127. When the thing deteriorates through the fault of the debtor during the pendency of the condition in an
obligation to give, what are the alternative remedies of the creditor?
a. He may only ask for the rescission of the obligation with indemnity for damages.
b. He may only ask for the performance of the obligation with indemnity for damages.
c. The debtor may choose between rescission of the obligation or its fulfillment with indemnity for damages
in either case.
d. The creditor may choose between rescission of the obligation with damages or exact fulfillment
with damages.
128. The determinate thing is considered lost in any of the following instances, except
a. When it perishes.
b. When it goes out of commerce.
c. When it disappears in such a way that its existence is unknown or it cannot be recovered.
d. When it is a destroyed generic thing.
129. When the obligation is subject to resolutory condition or when the condition has for its purpose the
extinguishment of the obligation to give, what shall be the obligation of the parties upon the fulfillment of said condition?
a. They shall retain what they have received.
b. They shallan action for damages.
c. They shall return to each other what they have received.
d. They shall rescind the obligation.
130. When the obligation is subject to resolutory condition or subject to a resolutory period or when the condition
or period has for its purpose the extinguishment of the obligation to give, what shall be the rule as regards to the fruits and interest of the thing to be returned?
a. The fruits shall be returned by the person who will make the restitution without deducting the expenses
for the production, gathering and preservation of the fruits.
b. The fruits shall be retained by the person who received the thing.
c. The fruits shall be returned by the person who will make the restitution with deduction for the expenses
for the production, gathering and preservation of the fruits.
d. The fruits shall be retained by the person who received the thing and shall be reimbursed for the expenses
for the production, gathering and preservation of the fruits.
131. It refers to a type of obligation which arises from the same cause and in which each party is a debtor and
creditor of the other, such than the obligation of one is dependent upon the obligation of the other.
a. Bilaterial obligations
b. Reciprocal obligations
c. Unilateral obligations
a. A condition is an uncertain event while a period is an event that must necessarily come.
b. While a condition gives rise to an obligation or extinguishes one already existing, a period has no effect
upon the existence of obligation, but only its demandability or performance and thus, a period does not carry with it any retroactive effect.
c. A condition may refer to a past event and unknown to parties while a period always refers to the future.
d. A suspensive condition which depends exclusively on the will of the debtors does not annul the
obligation but merely authorizes the court to fix the period but a suspensive period left to the debtor's will shall annul the obligation.
140. The following are the requisites of a period, except
a. It must be future.
b. It must be certain.
c. It must be possible.
d. It must be past.
141. Suspensive period and resolutory period are also known as
a. Both ex die
b. Both in diem
c. Ex die and in diem, respectively
d. In diem and ex die, respectively
142. Whenever in an obligation a period is designated, to whose benefit the period is presumed to have been
established?
a. Creditor only
b. Debtor only
c. Both creditor and debtor
d. Neither creditor and debtor
143. If there is no stipulation as to whose benefit the period is established, which of the following statements is
incorrect?
a. The creditor cannot demand payment before the period stipulated.
b. The debtor cannot make an effective tender and consignation of payment before the period stipulated.
c. The term is for the benefit of both debtor and creditor.
d. The term is for the benefit of the debtor.
144. In case there is stipulation as to whose benefit the period is established, which of the following statements is
incorrect?
a. If it is for the benefit of the creditor only, he may demand performance at any time.
b. If it is for the benefit of the debtor only, he may oppose a premature demand for payment.
c. If it is for the benefit of the creditor only, the debtor cannot compel him to accept payment before the
period expires.
d. If it is for the benefit of the debtor only, he cannot pay validly at any time before the period expires.
145. As a general rule, the court is not allowed to fix the period of an obligation. The following are the
exceptional instances wherein the court may fix the period of an obligation with a period, except
a. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a
period was intended.
b. If the period depends upon the sole will of the debtor.
c. In case of pure obligation, to prevent unreasonable interpretations of its immediate demandability.
d. If the obligation is pure, simple, unconditional and payable on demand.
146. The following are the instances wherein the debtor shall lose every right to make use of the period and
therefore the obligation with a period becomes due and demandable, except
a. When after the obligation has been contracted, the debtor becomes insolvent and he does not give a
guaranty or security for the debt.
b. When the debtor does not furnish to the creditor the guaranties or securities which he has promised.
c. When by debtor's own acts he has impaired or destroyed said guaranties or securities after their
establishment, unless he immediately gives new one equally satisfactory.
d. When through a fortuitous event the guaranties or securities after their establishment were destroyed,
unless the debtor immediately gives new one equally satisfactory.
e. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period.
f. When the debtor attempts to abscond.
g. When the creditor granted grace period or extension of payment to debtor.
147. It is an obligation where the debtor is alternatively bound by different prestations and it is extinguished
by the performance of any of them.
a. Alternative obligations
b. Conjunctive obligations
c. Facultative obligations
d. Composite obligations
148. The following statements pertain to alternative obligations. Which is correct?
I. A person alternatively bound by different prestations shall completely perform one of them.
II. The creditor cannot be compelled to receive part of one and part of the other undertaking.
a. I only
b. II only
c. Neither I nor II
d. Both I and II
149. Who has the right of choice in case of alternative obligations?
a. Creditor, unless it has been expressly granted to the debtor.
b. Debtor, unless it has been expressly granted to the creditor.
c. Always with the debtor.
d. Always with the creditor.
150. The following are the limitations on the right of choice in alternative obligations, except
a. The debtor cannot choose unlawful undertakings.
b. The debtor cannot choose part of one prestation and part of another.
c. The debtor cannot choose impossible undertakings or those which could not have been the object of the
obligation.
d. The right to choose is divisible.
151. In alternative obligations, when shall the choice of prestation produce effect?
a. From the moment it is exercised by the debtor.
b. From the moment it is communicated to the creditor.
c. From the moment the creditor consented to the choice.
d. From the constitution of the obligation.
152. In alternative obligations, what is the effect of notice of choice of prestation to the creditor?
a. The obligations remain to be alternative.
b. The selection or choice is still revocable.
c. The obligation is converted into a simple obligation.
d. The obligation becomes a facultative obligation.
153. In alternative obligations, when shall the debtor lose the right of choice and thus, the obligation becomes
simple?
a. When he becomes insolvent.
b. When he attempts to abscond.
c. When among the prestations whereby he is alternatively bound, only one is practicable.
d. When he was prevented by the creditor.
154. What is the remedy of the debtor if through the creditor's act the debtor cannot make a choice according to
the terms of alternative obligations?
a. The debtor may file an action for indemnification.
b. The debtor may rescind the contract with damages.
c. The debtor may ask for fulfillment of obligation with damages.
d. The debtor may compel the creditor to perform the prestation.
155. In case the debtor has the right of choice in alternative obligations and through the fault of the debtor one of
the things which is alternatively the object of the obligation has been lost, what shall be the right of creditor?
