1 - OBLIGATIONS Flashcards
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
c. Juridical necessity to give, to do or not to do.
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.
d. It refers to an obligation which consists of abstaining from some act.
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
c. Obligation to deliver the goods
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.
e. The form in which the obligation is manifested.
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
a. Obligee and obligor
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.
d. The obligation not to give is a positive obligation.
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.
d. It must be a positive obligation only.
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
f. Relation established by natural obligation
Which of the following obligations is not enforceable by a court action?
a. Legal obligation
b. Contractual obligation
c. Civil obligation
d. Religious obligation
d. Religious obligation
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, voluntarily 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
c. Both I and II
The following are examples of natural obligations that cannot be enforced by court action but depends upon the voluntarily 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 after 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 13th month pay of the latter.
d. The obligation of the employer of a “Kasambahay” to pay the 13th month pay of the latter.
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
f. Religious doctrines
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
a. Law
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.
d. The obligations derived from law are presumed.
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
a. Law
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
b. Contract
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.
II. Obligations arising from contracts should be complied with in good faith.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
It is a source of an obligation that refers to a juridical relation which arises from certain lawful, voluntary and unilateral act, to the end that no one may be unjustly enriched or benefited at the expense of another.
a. Delict
b. Quasi-contract
c. Contract
d. Quasi-delict
b. Quasi-contract
Which of the following statements concerning the kinds of quasi-contract is correct?
I. Negotiorum Gestio refers to the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
II. Solutio Indebiti refers to the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
The following are examples of quasi-contracts, except
a. A person receives something when there is no right to demand it or it was unduly delivered through mistake.
b. A person takes charge of the agency or management of business or property of another without authority or without consent of the latter.
c. A stranger gives support to a child of another person without the knowledge of the person obliged to give support.
d. A person saves the property of another person during fire, flood, storm or other calamity without the knowledge of the owner.
e. A person caused injury to another person through fault of negligence.
e. A person caused injury to another person through fault of negligence.
What is the nature of the responsibility or liability of two or more officious managers in a negotiorum gestio?
a. Generally it shall be solidary unless the management was assumed to save the thing or business from imminent danger which will make their liability to be joint only.
b. Generally it shall be joint unless the management was assumed to save the thing or business from imminent danger which will make their liability to be solidary.
c. It is always solidary.
d. It is always joint.
a. Generally it shall be solidary unless the management was assumed to save the thing or business from imminent danger which will make their liability to be joint only.
The officious manager in a negotiorum gestio shall be liable for any fortuitous event in any of the following instances, except
a. If he undertakes risky operations which the owner was not accustomed to embark upon.
b. If he has preferred his own interest to that of the owner.
c. If he fails to return the property or business after demand by the owner.
d. If he assumed the management in good faith.
d. If he assumed the management in good faith.
In which of the following instances will negotiorum gestio arise?
a. When the property or business is not neglected or abandoned.
b. If in fact the manager has been tacitly authorized by the owner.
c. Neither A nor B.
d. Either A or B.
c. Neither A nor B.
What is the nature of responsibility or liability of two or more payees in solutio indebiti when there has been payment of what is not due?
a. Solidary
b. Joint
c. Pro-rata
d. Subsidiary
a. Solidary
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.
a. When he receives the undue payment in bad faith.
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.
a. He is liable only in so far as he has thereby been benefited.
It is a 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
a. Crime or Delict
Is a person criminally liable also liable to pay civil damages to 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.
a. Yes, as a general rule, unless the crime committed does not cause civil damages.
What is the nature of civil liability of two or more persons (criminals) who are convicted of crime?
a. Solidary
b. Joint
c. Pro-rata
d. Subsidiary
a. Solidary
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.
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.
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.
d. Compromise of the criminal liability.
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
a. Proof beyond reasonable doubt
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
c. Preponderance of evidence
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.
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.
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
c. Quasi-delict or culpa aquiliana or torts
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
c. Preponderance of evidence
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.
a. There is pre-existing relation between the offender and offended parties.
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
b. Culpa aquiliana
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.
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.
In case of tort, when will the plaintiff or injured party be barred or precluded from recovering damages?
a. When plaintiff’s 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 plaintiff’s negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care.
d. When the immediate and proximate cause of his injury is the negligence of the tortfeasor.
a. When plaintiff’s own negligence was the immediate, proximate and sole cause of his injury.
The obligation arising from torts or quasi-delicts is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible. The following are the persons who are liable for the torts or quasi-delict committed by persons under their responsibility, except
a. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.
b. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
c. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.
d. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
e. Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices who are within their custody.
f. Boyfriend or girlfriend is liable for the quasi-delict committed by their partner during their relationship.
f. Boyfriend or girlfriend is liable for the quasi-delict committed by their partner during their relationship.
How shall persons enumerated under preceding number exempt themselves from responsibilities arising from torts committed by persons under their responsibility?
a. By proving they exercise extraordinary diligence to prevent damage.
b. By proving that they observed all the diligence of a good father of a family to prevent damage.
c. By proving that there is no contract between the plaintiff and defendant.
d. By proving that the guilt is not proven beyond reasonable doubt.
b. By proving that they observed all the diligence of a good father of a family to prevent damage.
What is the nature of liability of two or more persons who are liable for quasi-delict or tort a.k.a. joint tortfeasors?
a. Solidary
b. Joint
c. Pro-rata
d. Proportionate
a. Solidary
While trying to pass each other on a narrow bridge, a passenger bus and a private automobile collided, and two persons, A and B, were injured. A was a passenger of the bus while B was a pedestrian. The bus company was made a defendant although its employee driver was the one driving the bus and the owner-driver of the private car was also made a defendant. What can be the source of obligation of the bus company as regards to A, the passenger?
a. Contract of carriage for failure to exercise extra-ordinary diligence
b. Culpa aquiliana or quasi-delict if he exercised diligence of a good father of a family in selecting his employees.
c. Culpa criminal or crime and considered a principal liability
d. Quasi-contract
a. Contract of carriage for failure to exercise extra-ordinary diligence
Using the same data in preceding number, what can be the source of obligation of the driver of passenger bus 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
d. Quasi-delict or crime at the option of A
Using the same data in preceding number, what can be the source of obligation of the bus company as regards to B, the pedestrian?
a. Contract of carriage
b. Culpa aquiliana if he fails to exercise the diligence of a good father of a family in selecting his employees
c. Culpa criminal or crime and considered a principal liability
d. Quasi-contract
b. Culpa aquiliana if he fails to exercise the diligence of a good father of a family in selecting his employees
Using the same data in preceding number, what can be the source of obligation of the bus driver 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
d. Quasi-delict or crime at the option of B
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
d. Quasi-delict or crime at the option of A
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
d. Quasi-delict or crime at the option of B
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
b. Both I and II
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 143-245
d. House and lot in Villa Lourdes Subdivision
c. Car with engine number 143-245
Which of the following refers to an indeterminate thing or generic thing?
a. Black Honda Civic Car with Plate Number CPA-123
b. White Machinery with Serial Number 123-456
c. Red motor cycle with engine number 143-245
d. Studio Type Condominium unit in Avida Taft Tower 1
d. Studio Type Condominium unit in Avida Taft Tower 1
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.
d. Obligation to pay for the freight and insurance in transit.
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.
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.
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.
b. From the time the obligation to deliver the determinate thing arises.
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.
c. From the time the fruits are delivered physically or constructively.
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.
a. From the time of the perfection of the contract of sale of determinate thing.
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
c. Both I and II
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.
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.
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.
a. Action for specific performance in addition to damages under Article 1170.
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.
d. Either B or C.
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.
a. No, as a general rule, except in those cases provided by law.
In an obligation to deliver a determinate thing, when is the debtor or obligor liable even if the loss of the determinate thing is due to fortuitous event?
I. When the debtor or obligor delays in the delivery of the thing.
II. When the debtor or obligor promised the same thing to two or more persons.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
In an obligation to give a determinate thing, which of the following statements is true?
a. The obligation to give a determinate thing includes that of delivering all of its accessions and accessories only if there is stipulation to that effect.
b. The obligation to give a determinate thing includes that of delivering all of its accessions
and accessories even though they may not have been mentioned.
c. The obligation to give a determinate thing includes that of delivering all of its accessions and accessories even if there stipulation to the contrary.
d. The obligation to give a determinate thing does not include that of delivering all of its accessions and accessories.
b. The obligation to give a determinate thing includes that of delivering all of its accessions
and accessories even though they may not have been mentioned.
Which of the following statements is correct?
I. Accessories refer to those which destined for the embellishment, use or their preservation of another thing or more importance, have for their object the completion of the latter for which they are indispensable or convenient.
II. Accessions include everything which is produced by a thing, or which is incorporated or attached thereto, either naturally or artificially.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
The following are the kinds of fruits under the Civil Code, except
a. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
b. Industrial fruits are those produced by lands of any kind through cultivation or labor.
c. Civil fruits are fruits as a result of civilization or fruit arising out of a juridical relation or contracts such as are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.
d. Commercial fruits are fruits arising from commercial transaction.
d. Commercial fruits are fruits arising from commercial transaction.
As a general rule, in an obligation to do, what is the remedy of the creditor if the debtor fails to do the prestation?
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 at the expense of the debtor.
d. Action for damages only to be awarded by the Court.
c. The creditor or third person may do it in a proper manner at the expense of the debtor.
In an obligation to do whereby only the debtor can do the thing, what is the remedy of the creditor if the debtor fails to do the prestation?
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 at the expense of the debtor.
d. Action for indemnification for damages.
c. The creditor or third person may do it in a proper manner at the expense of the debtor.
In case a public official who has the ministerial duty to perform a particular obligation or public duty under the law fails to do such obligation, what is the remedy of the offended party?
a. Civil action for specific performance
b. Special civil action for mandamus
c. Special civil action for certiorari
d. Special civil action of prohibition
b. Special civil action for mandamus
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.
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.
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.
b. It shall be undone at the expense of debtor with indemnification for damages.
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.
a. From the time the obligee demands judicially or extrajudicially the fulfillment of
obligation.
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
c. Obligation not to do
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.
d. When there is unilateral obligation.
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 fulfils 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.
b. From the moment one of the parties fulfils his obligation.
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
a. Mora solvendi
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.
a. There must be a complaint filed in court against the debtor.
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
c. Both I and II
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.
c. The debtor bears the risk of the loss of the thing.
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.
a. The delays on the part of both debtor and creditor are compensated or offsetted,
therefore, no one is liable for damages.
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.
d. By renunciation by other party of effects of delay or by prescription.
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
e. Good faith
- 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.
c. It refers to the deliberate and intentional evasion of the normal fulfillment of obligations.
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.
c. It is due to fortuitous events.
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 damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty.
e. Actual or compensatory damages are damages awarded for pecuniary loss suffered and duly proved by the plaintiff
f. Liquidated damages or penalty are damages agreed upon by the parties to a contract, to be paid in case of breach thereof and may not be assessed by the court.
g. Superficial damages are those damages that are unconscionable, iniquitous, excessive,
exorbitant and contra bonus mores.
g. Superficial damages are those damages that are unconscionable, iniquitous, excessive,
exorbitant and contra bonus mores.
As a general rule, what is the legal interest rate for ordinary obligation to pay a sum of money or forbearance of money?
a. Always 12%
b. Always 6%
c. Always 10%
d. 12% before July 1, 2013 but 6% on or after July 1, 2013
d. 12% before July 1, 2013 but 6% on or after July 1, 2013
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for what type of fraud is void?
a. Future fraud
b. Past fraud or fraud already committed
c. Both future and past fraud
d. Neither future nor past fraud
a. Future fraud
Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. What type of culpa is referred to by this provision of the Civil Code?
a. Culpa criminal
b. Culpa contractual
c. Culpa aquiliana
d. Culpa capa
c. Culpa aquiliana
In what type of culpa or negligence will the defense of the exercise of good father of the family in the selection of his employees by the employer be a tenable defense?
a. Culpa criminal
b. Culpa contractual
c. Culpa aquiliana
d. Culpa capa
c. Culpa aquiliana
A stipulation exempting future liability for damages shall be valid for which of the following?
a. Gross negligence
b. Bad faith
c. Fraud
d. Simple negligence
d. Simple negligence
It refers to the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and the place.
a. Fraud or dolo
b. Delay or default or Mora
c. Negligence or fault or culpa
d. Contravention of the tenor
c. Negligence or fault or culpa
If the law or contract does not state the diligence to be observed in the performance of the obligation, what degree of diligence shall be observed?
a. Extraordinary diligence
b. Diligence of a father of a good family
c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably
prudent person
d. Diligence of a good mother of a family
c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably
prudent person
As a general rule, no person shall be responsible for those events which could not be foreseen, though 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.
d. When the fortuitous event is the immediate, proximate and sole cause of the damage or injury.
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.
d. The obligor must participate in the aggravation of the injury resulting to the creditor.
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.
e. To file a criminal complaint against the debtor.
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
a. Accion pauliana
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
a. I and II
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
b. Accion subrogatoria
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.
c. Subject to the provisions of laws, they are transmissible unless there is stipulation to the
contrary.
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
b. Pure obligation
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).
d. Suspensive conditional obligation or obligation with a suspensive period (ex die).
It is an obligation which is subject to a condition.
a. Conditional obligation
b. Pure obligation
c. Natural obligation
d. Civil obligation
a. Conditional obligation
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
b. Condition
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.
c. Upon the death of Clay Kerry.
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
d. Obligation ex die or with a suspensive period which period may be fixed by court
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.
d. Suspensive condition is known as condition subsequent while resolutory condition is condition precedent.
The following obligations are subject to suspensive conditions, except
a. I will give you P1,000 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.
b. You can use the book until you graduate in law school.
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.
a. You will be entitled to a cellphone if you pass the bar exam.
Which of the following statements pertains to a potestative condition?
a. It is one which depends upon the sole will of one of the contracting parties.
b. It is one which depends exclusively upon chance or other factors, and not upon will of the contracting parties.
c. It is one which depends upon the will of the contracting parties and other circumstances, including the will of a third person.
d. It is one which depends upon the arrival of a particular period.
a. It is one which depends upon the sole will of one of the contracting parties.
Which of the following conditional obligations is void?
a. When the fulfillment of the suspensive condition depends upon the sole will of the
debtor.
b. When the fulfillment of the suspensive condition depends upon the sole will of the creditor.
c. When the fulfillment of the suspensive condition depends upon the sole will of the third person.
d. When the fulfillment of the suspensive condition depends upon chance or other factors.
a. When the fulfillment of the suspensive condition depends upon the sole will of the
debtor.
The following conditions shall annul the obligation which depends upon them, except
a. Impossible conditions
b. Suspensive conditions which depend upon chance and will of the debtor
c. Conditions contrary to good customs or public policy
d. Conditions prohibited by law
b. Suspensive conditions which depend upon chance and will of the debtor
What is the effect of the condition not to do an impossible thing?
a. It shall be considered as having agreed upon.
b. The obligation will become null and void.
c. The obligation is subject to a condition.
d. The obligation is pure and demandable.
d. The obligation is pure and demandable.
Which of the following obligations subject to a suspensive condition is valid?
a. Obligation to give P1M subject to a suspensive condition that if the creditor will have sexual intercourse with the debtor.
b. Obligation to give P1M in exchange for shabu and cocaine.
c. Obligation to give P1M subject to a suspensive condition that if the debtor will not be able to walk in air.
d. Obligation to give P1M subject to a suspensive condition if the debtor will go to Singapore.
c. Obligation to give P1M subject to a suspensive condition that if the debtor will not be able to walk in air.
An obligation to pay a sum of money is subject to the condition that a certain person
shall arrive at a designated place in one year. This obligation will be extinguished if
I. One year passes and he does not arrive at the place.
II. Such person dies before the lapse of one year and before arriving at such a place.
a. I only
b. II only
c. Either I or II
d. Neither I nor II
c. Either I or II
An obligation to deliver a piece of land to X is subject to the condition that he shall not bear a child within two years. This obligation shall become effective and the land should be delivered to X if
I. Two years expire without X having bearing a child.
II. X becomes barren before the two years expire.
a. I only
b. II only
c. Neither I nor II
d. Either I or II
d. Either I or II
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.
b. They shall retroact to the day of the constitution or perfection of the obligation once the
condition has been fulfilled.
What is the effect if the obligor or debtor voluntarily prevented the fulfillment of the suspensive condition of an obligation subject to a suspensive condition?
a. The obligation is extinguished.
b. The obligation remains to be subject to the condition.
c. The suspensive condition shall be deemed fulfilled and the obligation becomes
demandable.
d. The obligation becomes with a period
c. The suspensive condition shall be deemed fulfilled and the obligation becomes
demandable.
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.
c. A because his title retroacts on January 1,2020 upon fulfillment of the suspensive
condition on December 25,2020.
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.
c. They shall be deemed to have been mutually compensated.
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.
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.
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.
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.
Before the fulfillment of suspensive condition or during pendency of the suspensive condition, what may the creditor 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 such as filing a petition for
issuance of asset preservation order.
d. Bring appropriate actions for the preservation of his right such as filing a petition for
issuance of asset preservation order.
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.
b. The debtor can recover the sum of money but with interests only if the creditor acted in
bad faith.
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.
a. The debtor can recover the sum of money plus interests whether the creditor acted in good faith or bad faith.
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.
b. Accion reinvidicatoria if the thing is still with the creditor.
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.
f. Deterioration of the thing, regardless of reason, shall be borne by the creditor.
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.
d. The creditor may choose between rescission of the obligation with damages or exact
fulfillment with damages.
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.
d. When it is a destroyed generic thing.
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 shall file an action for damages.
c. They shall return to each other what they have received.
d. They shall rescind the obligation.
c. They shall return to each other what they have received.
- 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.
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.
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
d. Multilateral obligations
b. Reciprocal obligations
In case of reciprocal obligations, may the injured party ask for judicial rescission of the obligations in case one of the obligors or debtors should not comply with what is incumbent upon him?
a. Yes if there is stipulation of the power to rescind.
b. No even if there is stipulation of the power to rescind.
c. Yes because the power to rescind obligations is implied in reciprocal ones.
d. No because the power to rescind obligations cannot be implied in reciprocal ones.
c. Yes because the power to rescind obligations is implied in reciprocal ones.
When one of the obligors committed breach of obligation in a reciprocal obligation, what shall be the alternative remedies of the injured party?
a. The injured party may choose between the exact fulfillment of the obligation with damages or the rescission of the obligation with damages.
b. The injured party may choose between the excact fulfillment of the obligation without damages or the rescission of the obligation without damages.
c. The injured party may only rescind the obligation with damages.
d. The injured party may only ask for the exact fulfillment of obligation with damages.
a. The injured party may choose between the exact fulfillment of the obligation with damages or the rescission of the obligation with damages.
When the injured party in a reciprocal obligation elected the exact fulfillment of the obligation with damages, may he still ask for the rescission of the obligation?
a. No under any circumstances because these remedies are alternative.
b. Yes because there remedies are successive remedies available to the injured party.
c. No, as a general rule because these remedies are alternative except when exact fulfillment has become legally impossible or there are insuperable and legal obstacle thereto, then he may not ask for rescission of the obligation.
d. Yes because the injured party can have them both.
c. No, as a general rule because these remedies are alternative except when exact fulfillment has become legally impossible or there are insuperable and legal obstacle thereto, then he may not ask for rescission of the obligation.
When the injured party in a reciprocal obligation elected the rescission of the obligation with damages, may he still ask for the fulfillment of the obligation?
a. Yes because there remedies are successive remedies available to the injured party.
b. No but there are certain exceptions to the rule.
c. No because these are alternative and inconsistent remedies and the injured party cannot
have both remedies.
d. Yes because the injured party is protected by law.
c. No because these are alternative and inconsistent remedies and the injured party cannot
have both remedies.
Which of the following statements concerning reciprocal obligations is correct?
I. The court shall decree the rescission claimed, unless there is just cause authorizing the fixing of a period.
II. In case both parties have committed a breach of the reciprocal obligation, the liability of the first infractor shall be equitably tempered by the courts.
III. If it cannot be determined which of the parties first violated the reciprocal contract, the same shall be deemed extinguished, and each shall bear his own damages.
a. I, II and III
b. I and II
c. II and III
d. I and III
a. I, II and III
It is an obligation which is subject to a space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.
a. Conditional obligation
b. Obligation with a period
c. Pure obligation
d. Demandable obligation
b. Obligation with a period
The following statements concerning obligation with a period is correct, except
a. Obligations for whose fulfillment a day certain has been fixed, shall be demandable when that day comes.
b. Obligation with a resolutory period takes effect at once, but terminates upon arrival of the day certain.
c. A day certain is understood to be that which must necessarily come, although it may not be known when.
d. If the uncertainty consists in whether the day will come or not, the obligation is with a
period.
d. If the uncertainty consists in whether the day will come or not, the obligation is with a
period.
The following are the distinctions between a condition and a period, except
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.
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.
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.
d. It must be past.
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
c. Ex die and in diem, respectively
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
c. Both creditor and debtor
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.
d. The term is for the benefit of the debtor.
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.
d. If it is for the benefit of the debtor only, he cannot pay validly at any time before the period expires.
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.
d. If the obligation is pure, simple, unconditional and payable on demand.
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.
g. When the creditor granted grace period or extension of payment to debtor.
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
a. Alternative obligations
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
d. Both I and II
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.
b. Debtor, unless it has been expressly granted to the creditor.
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.
d. The right to choose is divisible.
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.
b. From the moment it is communicated to the creditor.
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.
c. The obligation is converted into a simple obligation.
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.
c. When among the prestations whereby he is alternatively bound, only one is practicable.
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.
b. The debtor may rescind the contract with damages.
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?
a. He may demand the performance of the remaining prestation with damages.
b. He may demand the performance of the remaining prestation without damages.
c. He has the right to indemnity for damages.
d. He has the right to demand the value of the thing lost plus damages.
b. He may demand the performance of the remaining prestation without damages.
In case the debtor has the right of choice in alternative obligations and through the fault of the debtor all the things which are alternatively the object of the obligation have been lost or the compliance of the obligation has become impossible, what shall be the right of creditor?
a. He shall have the right to indemnity for the value of the lost object with the largest value plus damages.
b. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages.
c. He shall have the right to indemnity for the value of the last object plus damages.
d. He shall have the right to indemnity for the value of the any object plus damages.
c. He shall have the right to indemnity for the value of the last object plus damages.
In case the debtor has the right of choice in alternative obligations and through the fault of the debtor only one object remains of the things which are the objects of alternative obligation and before its performance, it has been lost due to fortuitous event, what shall be the right of the creditor?
a. He may demand the value of any object lost due to debtor’s fault.
b. He may demand indemnification for damages.
c. He may demand the value of the last object lost due to fortuitous event.
d. He has no right to demand anything.
d. He has no right to demand anything.
In case the debtor has the right of choice in alternative obligations and through fortuitous event only one object remains of the things which are the objects of alternative obligation and before its performance, it has been lost due to the fault of the debtor, what shall be the right of the creditor?
a. He shall have the right to indemnity for the value of the lost object with the largest value plus damages.
b. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages.
c. He shall have the right to indemnity for the value of the last object plus damages.
d. He shall have the right to indemnity for the value of the any object plus damages.
c. He shall have the right to indemnity for the value of the last object plus damages.
In case the debtor has the right of choice in alternative obligations and through fortuitous event all the objects of alternative obligation have been lost, what shall be the right of the creditor?
a. He shall have no right.
b. He shall have the right to indemnity for the value of the lost object with the largest value plus damages.
c. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages.
d. He shall have the right to indemnity for the value of the last object plus damages.
a. He shall have no right.
It is an obligation wherein only one prestation has been agreed upon but the obligor may render another in substitution.
a. Alternative obligations
b. Conjunctive obligations
c. Facultative obligations
d. Composite obligations
c. Facultative obligations
When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then, the responsibility of the debtor when the right of choice has been granted to the creditor shall be governed by the following rules, except
a. If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists.
b. If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting without right to damages, or the price of that which, through the fault of the former, has disappeared, with a right to damages.
c. If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon price of any one of them, also with indemnity for damages.
d. If all the things are lost through fortuitous event, the debtor shall be liable for damages.
d. If all the things are lost through fortuitous event, the debtor shall be liable for damages.
In a facultative obligation, to whom shall the right of choice belong?
a. Always creditor
b. Always debtor
c. Debtor unless granted to the creditor
d. Creditor unless granted to the debtor
b. Always debtor
What is the effect of the loss or deterioration of the thing intended as a substitute in a facultative obligation before the substitution?
a. The debtor becomes liable for damages.
b. The creditor may rescind the obligation with damages
c. The debtor shall indemnify the creditor.
d. The debtor shall not be liable on account of the loss.
d. The debtor shall not be liable on account of the loss.
What is the effect of the loss of the thing intended as a substitute in a facultative obligation after the substitution?
a. The debtor shall not be liable for the loss.
b. The obligation is extinguished even if the loss is not due to fortuitous event.
c. The debtor shall be liable for the loss on account of his delay, negligence or fraud.
d. The creditor has no right against the debtor.
c. The debtor shall be liable for the loss on account of his delay, negligence or fraud.
What is the effect of the loss of the principal object in a facultative obligation before the substitution?
a. The debtor is liable if the loss is due to fortuitous event.
b. The obligation is extinguished if it is due to fortuitous event.
c. The debtor is not liable even if the lost is due to his fault.
d. The obligation is not extinguished even if the loss is due to fortuitous event.
b. The obligation is extinguished if it is due to fortuitous event.
What is the effect of the loss of the principal object in a facultative obligation after the substitution?
a. The debtor is liable if the loss is due to fortuitous event.
b. The debtor is liable for damages if the loss is due to his fault.
c. The obligation is extinguished because of the lost of the object.
d. The obligation remains to exist.
d. The obligation remains to exist.
The following are the distinctions between alternative obligation and facultative obligation, except
a. In alternative obligation, several objects being due, the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election while in facultative obligation, only one thing is due, but the debtor has reserved the right to substitute in with another.
b. In alternative obligation, the loss of one of the things due by reason of debtor’s fault may affect the obligation in case the right to choose is given to creditor while in facultative obligation the loss before substitution of that which may be given as substitute even due to the fault of debtor does not affect the obligation.
c. In alternative obligation, the loss of one of the things due by reason of fortuitous event does not extinguish the obligation while in facultative obligation, the loss of that which is due as the object of the obligation by reason of fortuitous event will extinguish such obligation.
d. In alternative obligation, the right of choice can never be granted to the creditor while in facultative obligation, the right of choice may be granted to creditor.
d. In alternative obligation, the right of choice can never be granted to the creditor while in facultative obligation, the right of choice may be granted to creditor.
It is an obligation where the debtor has to perform several prestations and it is extinguished only by the performance of all of them.
a. Alternative obligations
b. Conjunctive obligations
c. Facultative obligation
d. Composite obligations
b. Conjunctive obligations
In a conjunctive obligation, to whom shall the right of choice belong?
a. Debtor unless granted to the creditor
b. Creditor unless granted to the debtor
c. Either debtor or creditor
d. Neither debtor nor creditor
d. Neither debtor nor creditor
- The following are the exceptional instances when the obligation is considered solidary,
except
a. When the obligation expressly so states that it is solidary.
b. When the law requires the obligation to be solidary.
c. When the nature of the obligation requires the obligation to be solidary.
d. When the obligation is indivisible.
d. When the obligation is indivisible.
Which of the following statements is correct?
I. Joint obligation is one in which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only to a proportionate share of the credit.
II. Solidary obligation is one in which each debtor is liable for the entire obligation and each creditor is entitled to demand the whole obligation.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
What is the disputable presumption of law as to the type of obligation when there is concurrence of two or more creditors or of two or more debtors in one and the same obligation?
a. Joint
b. Solidary
c. Divisible
d. Indivisible
a. Joint
The following terms refer to solidary obligation, except
a. Mancomunada solidaria
b. Joint and several
c. In solidum
d. Pro rata or proportionately
d. Pro rata or proportionately
It is a solidarity that exists among the creditors.
a. Mixed solidarity
b. Active solidarity
c. Passive solidarity
d. Simple solidarity
b. Active solidarity
A, B and C have obligation amounting to P6,000,000 to D and E. How much may D collect from A if the obligation is mixed joint?
a. P6,000,000
b. P3,000,000
c. P2,000,000
d. P1,000,000
d. P1,000,000
Using the same data in preceding number, how much may D collect from A if the obligation is passive solidary?
a. P6,000,000
b. P3,000,000
c. P2,000,000
d. P1,000,000
b. P3,000,000
The following are the principal consequences of the joint character of the obligation, except
a. The demand by one creditor upon one debtor produces the effects of default only with respect to the creditor who demanded and the debtor on whom the demand was made, but not with respect to the others.
b. The interruption of prescription by the judicial demand of one creditor upon a debtor, does not benefit the other creditors nor interrupt the prescription as to other debtors.
c. The vices of each obligation arising from the personal effect of a particular debtor or creditor do not affect the obligation or rights of the others.
d. The insolvency of a debtor increases the responsibility of his co-debtors and it authorizes
a creditor to demand anything from his co-creditors in case of insolvency of a debtor.
d. The insolvency of a debtor increases the responsibility of his co-debtors and it authorizes
a creditor to demand anything from his co-creditors in case of insolvency of a debtor.
Using the same data in preceding number, how much may D collect from A if the obligation is active solidary?
a. P6,000,000
b. P3,000,000
c. P2,000,000
d. P1,000,000
c. P2,000,000
Using the same data in preceding number, how much may D collect from A if the obligation is mixed solidary?
a. P6,000,000
b. P3,000,000
c. P2,000,000
d. P1,000,000
a. P6,000,000
The following statements concerning solidary obligations are correct, except
a. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same period and conditions.
b. The indivisibility of an obligation does not give rise to solidarity.
c. The solidarity of an obligation does not imply indivisibility.
d. The solidarity nature of an obligation is presumed by law.
d. The solidarity nature of an obligation is presumed by law.
The following statements pertaining to solidary obligation are correct, except
a. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter.
b. A solidary creditor cannot assign his rights without the consent of the other co-solidary debtors.
c. The debtor may pay any one of the solidary creditors.
d. If any demand, judicial or extrajudicial, has been made by any one of the solidary creditors, payment should be made to him.
e. A solidary creditor cannot remit the entire solidary obligation without the consent of
other other co-solidary debtors.
e. A solidary creditor cannot remit the entire solidary obligation without the consent of
other other co-solidary debtors.
The following statements concerning the payment of solidary obligation are correct, except
a. Payment made by one of the solidary debtors extinguishes the obligation and if two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
b. He who made the payment may claim from his co-debtors only the share which corresponds to each with the interest for the payment already made.
c. If payment is made before the debt is due, no interest for the intervening period may be demanded.
d. When one of the solidary debtors cannot, because of his insolvency, reimburse his share
to the co-solidary debtor paying the obligation, such insolvency shall be borne by the paying co-solidary debtor alone but the other co-solidary debtors shall not share in the loss due to insolvency.
d. When one of the solidary debtors cannot, because of his insolvency, reimburse his share
to the co-solidary debtor paying the obligation, such insolvency shall be borne by the paying co-solidary debtor alone but the other co-solidary debtors shall not share in the loss due to insolvency.
Which of the following statements is incorrect about solidary obligation?
a. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal.
b. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
c. The remission of the whole obligation, obtained by one the solidary debtors, entitles him to reimbursement from his co-debtors.
d. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished.
c. The remission of the whole obligation, obtained by one the solidary debtors, entitles him to reimbursement from his co-debtors.
Which of the following statements is correct about solidary obligation?
I. If the thing has been lost or if the prestation has become impossible and there was fault on the part of any of solidary debtors, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor.
II. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through judicial or extrajudicial demand upon him by the creditor, any of the solidary debtors shall be responsible to the creditor for the price and the payment of damages and interests, without prejudice to their action against the debtor guilty of delay.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
c. Both I and II
The following are the effects of novation, compensation, confusion or remission made by any of the solidary creditors or with any of the solidary debtors, except
a. As between creditors and debtors, any of these acts will extinguish the obligation, so that no creditor may thereafter sue any debtor, except in case of novation, where there may be no change or only a partial change of parties, but in this last case, it is no longer the original obligation, but the new one, which would be sued upon.
b. As among co-creditors, the act of any of them in extinguishing the obligation with respect to the debtor or debtors, does not prejudice the rights of the other creditors to recover their respective share in the obligation from the creditor who effected the novation, compensation, confusion or remission.
c. As among co-debtors, the co-debtor as to whom the obligation was extinguished cannot recover from his other co-debtors more than their respective shares in whatever he may have given up or lost as the consideration for the extinguishment of the obligation.
d. In case of remission, the co-debtor can recover anything from the other debtors.
d. In case of remission, the co-debtor can recover anything from the other debtors.
The following acts made by any of the solidary creditors with any of the solidary debtors shall extinguish the obligation, except
a. Novation
b. Compensation
c. Confusion
d. Remission
e. Extension of term for payment
e. Extension of term for payment
The following are the defenses that may be availed of by the solidary debtor in actions filed by the creditor, except
a. Defenses which are inherent from the nature of the obligation such as illegality or prescription
b. Defenses personal to defendant-debtor such as minority or insanity or incapacity
c. Defenses personal to other co-solidary debtors such as minority or insanity or incapacity but only as regards to that part of the debt for which incapacitated co-solidary debtors are responsible
d. Defense of insolvency of one of solidary debtors up to the extent of share of such insolvent debtor
d. Defense of insolvency of one of solidary debtors up to the extent of share of such insolvent debtor
It refers to an obligation that is susceptible of partial performance whereby the debtor can legally perform the obligation by parts and the creditor cannot demand a single performance of the entire obligation.
a. Divisible obligation
b. Indivisible obligation
c. Joint obligation
d. Solidary obligation
a. Divisible obligation
The following statements pertaining to divisible and indivisible obligations are correct, except
a. A divisible obligation is one which is susceptible of partial performance; that is, the debtor can legally perform the obligation by parts and the creditor cannot demand a single performance of the entire obligation.
b. A divisible obligation, whatever may be the nature of the thing which is the object thereof, refers to one which can be validly performed in parts.
c. The thing or object may be divisible, yet the obligation may be indivisible.
d. Divisibility or indivisibility of the obligation refers to the object or thing and not to the performance of the obligation.
d. Divisibility or indivisibility of the obligation refers to the object or thing and not to the performance of the obligation.
The following are the rules concerning the divisibility or indivisibility of an obligation, except
a. When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible.
b. Even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties.
c. In obligations to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case.
d. Obligations to give definite things and those which are not susceptible of partial performance shall be deemed divisible.
d. Obligations to give definite things and those which are not susceptible of partial performance shall be deemed divisible.
The following statements pertaining to joint indivisible obligation are correct, except
a. To enforce a joint indivisible obligation, there is necessity of collective fulfillment and the action must be against all the debtors.
b. In case of non-performance by any of the debtors, the obligation is converted into a liability for losses and damages, which is divisible.
c. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists.
d. A joint indivisible obligation can be compelled by specific performance if anyone of the debtors does not or cannot comply with his undertaking while the other debtors are willing.
d. A joint indivisible obligation can be compelled by specific performance if anyone of the debtors does not or cannot comply with his undertaking while the other debtors are willing.
The following are indivisible obligations, except
a. Obligation provided by law to be indivisible such as contract of subscription of shares of stocks
b. Obligation agreed by the contracting parties to be indivisible
c. Obligation which by nature is indivisible
d. Obligation that is solidary
d. Obligation that is solidary
What is the remedy of the creditor in case one of the debtors does not comply with his undertaking in a joint indivisible obligation but the other debtors are willing and ready?
a. Action for specific performance
b. Ask third person to fulfill the obligation at the expense of all the debtors
c. Ask for indemnity for losses and damages or convert the action to monetary amount
d. Ask the other co-debtors to fulfill the entire obligation
c. Ask for indemnity for losses and damages or convert the action to monetary amount
It is an obligation which has an accessory undertaking to assume greater liability in case of breach.
a. Obligation with a condition
b. Obligation with a penal clause
c. Obligation with a period
d. Obligation with a substitute
b. Obligation with a penal clause
The following statements concerning obligations with a penal clause are correct, except
a. The penalty stipulated must not be contrary to law, morals, or public order to be enforceable.
b. Obligations with a penal clause must be construed strictly against the awarding of penalty.
c. In case of nonperformance of obligations with a penal clause, the debtor cannot have both action for enforcement of penalty for noncompliance of obligation and action for specific performance of obligation.
d. The debtor has the absolute right to just pay the penalty instead of fulfilling the
obligation.
d. The debtor has the absolute right to just pay the penalty instead of fulfilling the
obligation.
In obligation with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of non-compliance. In obligation with a penal clause, when may the creditor exceptionally demand payment of damages and interest despite the presence of penalty or liquidated damages in the agreement?
a. If there is stipulation that damages and interests may be demanded in addition to penalty in case of breach of obligation with a penal clause.
b. When the debtor is guilty of bad faith or fraud in the breach of the obligation.
c. When the debtor fails to pay the penalty in case of breach.
d. Any of the choices.
d. Any of the choices.
The following are the rules to be observed in applying obligations with a penal clause, except
a. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded.
b. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor and even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.
c. The nullity of the principal obligation carries with it that of the penal clause.
d. The nullity of the penal clause carries with it that of the principal obligation.
d. The nullity of the penal clause carries with it that of the principal obligation.
It refers to the mode of extinguishment of right to file an action or obligation by the mere lapse of time fixed by law. It converts a civil obligation into a natural obligation.
a. Novation
b. Prescription
c. Compensation
d. Remission
b. Prescription
What is the prescriptive period for civil action based on oral contract?
a. 6 years
b. 10 years
c. 4 years
d. 8 years
a. 6 years
The following are the modes of extinguishment of obligations, except: (No-Co-Me-Re- Pa-Lo-Pre-Re-Ful-An)
a. No – Novation
b. Co – Compensation or Offset
c. Me – Merger or Confusion
d. Re – Remission or Donation or Condonation or Renunciation
e. Pa – Payment or Performance
f. Lo – Loss of the determinate thing due by reason of fortuitous event
g. Pre – Prescription of right to file an action converting the civil obligation to natural obligation
h. Re – Rescission of Rescissible Contract
i. Full – Fulfillment of Resolutory Condition or Arrival of Resolutory Period
j. An – Annulment of Voidable Contract
k. Attainment of suspensive condition or arrival of suspensive period
k. Attainment of suspensive condition or arrival of suspensive period
What is the prescriptive period for civil action based on written contract?
a. 6 years
b. 10 years
c. 4 years
d. 8 years
b. 10 years
What is the prescriptive period for civil action based on quasi-delict or tort?
a. 6 years
b. 10 years
c. 4 years
d. 8 years
c. 4 years
What is the prescriptive period for civil action based on quasi-contract?
a. 6 years
b. 10 years
c. 4 years
d. 8 years
a. 6 years
What is the prescriptive period for civil action based on obligation created by law or judgment of court?
a. 6 years
b. 10 years
c. 4 years
d. 8 years
b. 10 years
