OBLICON (CHAPTERS 1 to 3) 16.

FALSE Culpa signifies the idea of delay in the fulfillment

1. TRUE Efficient cause is the legal or judicial tie which of an obligation.

binds the parties to the obligation. 17. FALSE A person who is obliged to deliver indeterminate

2. TRUE Prestation is the object or the subject matter of the thing should include its accessions and accessories, even

obligation. though they may not have been mentioned in the

3. TRUE Obligations arising from contracts have the force of agreement.

law between the contracting parties and should be 18. TRUE If the debt produces interest, payment of the

complied with in good faith. principal shall not be deemed to have been made until the

4. TRUE Without demand from the creditor, the debtor, even interest has been covered or paid.

if he fails to perform the obligation on the agreed date, 19. TRUE There is no delay in obligation not to do.

does not incur delay. 20. TRUE The thing is deemed lost when it perishes, or goes

5. FALSE Suspensive condition is one which extinguishes out of commerce, or disappears in such way that its

the obligation upon the happening of the condition. existence is unknown or it cannot be recovered.

6. FALSE Every person obliged to give something is also 21. FALSE When the debtor binds himself to pay when his

obliged to take care of it with the proper diligence of a means permits him to do so, the obligation shall be deemed

father of a good family. to be conditional.

7. TRUE Unless the law or stipulation of the parties requires 22. TRUE When the conditions have for their purpose the

another standard of care, the debtor is obliged to take care extinguishment of an obligation to give, the parties, upon

of the thing with the proper diligence of a good father of a the fulfillment of said conditions, shall return to each other

family. what they have received.

8. FALSE As a rule, the creditor has a right to the fruits of 23. TRUE An obligation payable as soon as possible is an

the thing from the time the obligation is perfected. obligation with a condition.

9. TRUE As a rule, the creditor has a right to the fruits of the 24. FALSE In an obligation to deliver a generic thing, the loss

thing from the time the obligation to deliver arises. or destruction of anything of the same kind without the

10. TRUE D binds himself to pay C P10, 000, little by little. fault of the debtor does extinguish the obligation.

The court in this case shall fix the period, since the parties 25. FALSE Negotorium Gestio is a contract.

failed to fix the period. 26. TRUE Industrial fruits are those produced by lands of any

11. TRUE Obligation for whose fulfillment a day certain has kind through cultivation.

been fixed, shall be demandable only when that comes. 27. TRUE A quasi-contract does not require consent of the

Obligation with a resolutory period takes effect at once, but contracting parties.

terminates upon the arrival of the day certain. 28. FALSE Resolutory condition is one which suspends the

12. TRUE The creditor acquires real rights over the thing from effectivity of the obligation until the condition is fulfilled.

the moment the thing is delivered and not from the time the 29. TRUE The obligation to give a determinate things includes

obligation to deliver arises. that of delivering all of the accessions and accessories even

13. FALSE Mora is the term used to denote delay or default in though they may not have been mentioned in the

the performance or fulfillment of an obligation. Mora agreement.

Solvendi is that delay or default which is attributable to 30. TRUE Responsibility arising from fraud is demandable in

both parties in reciprocal obligations. all obligations. Any waiver of action for future fraud is

14. FALSE Loss of a generic thing which is object of an void.

obligation, even without the fault of the debtor, 31. FALSE Negligence signifies the idea of delay in the

extinguishes the debtor’s obligation. fulfillment of an obligation.

15. FALSE Culpa Aquiliana is that fault or negligence which 32. TRUE An example of an obligation with a period is when

results from breach of contract. A promises to pay B P10,000 one month from the death of
C.
33. TRUE The condition not to do an impossible thing shall 49. TRUE Payment made in good faith to any person in
render the obligation demandable at once. possession of the credit shall extinguish the debtor’s
34. FALSE When the fulfillment of the resolutory or obligation.
suspensive period depends upon the sole will of the debtor, 50. TRUE Payment means not only the delivery of money but
the conditional obligation shall be void. also the performance, in any manner of an obligation.
35. TRUE No person shall be responsible for events which 51. TRUE A lender can recover the principal of a loan in a
could not be foreseen, or which foreseen were inevitable. usurious contract even if the contract is void as to interest.
36. TRUE All rights acquired in virtue of an obligation are 52. TRULSE A person can assume an obligation in favor of
transmissible in the absence of any stipulation or law to the another even without any contractual relationship.
contrary. 53. FALSE Resolutory condition is one which suspends the
effectivity of the obligation until the condition is fulfilled.
37. TRUE The concurrence of 2 or more creditors of 2 or
more debtors in one and the same obligation does not
imply that each one of the creditors has the right to
1. The person who is bound to the fulfillment of the
demand, or that each one of the debtors is bound to render
obligation
entire compliance with the obligation. a. Passive subject c. vinculum jurist
38. TRUE Novation can take place by substituting a new b. Active Subject d. prestation
2. It is the power which a person has under the law, to
debtor in the place of the original one. demand from another any prestation
39. TRUE In delegacion, is done by substituting the parties a. Obligation c. Wrong
b. Right d. Performance
with the consent of the original debtor.
3. A source of obligation which arises from the agreement
40. TRUE In expromission, is done by substituting the parties of the paties
without the consent of the original debtor. a. Law c. Quasi-delict
b. Quasi-contract d. Contract
41. TRUE If the original obligation was subject to a 4. Obligation to pay taxes is an obligation arising from:
suspensive or resolutory condition, the new obligation shall a. Law c. Quasi-delict
b. Quasi-contract d. Contract
be under the same condition, unless it is otherwise
5. The obligation to return money paid by mistake or
stipulated. which is not due:
42. FALSE There is legal subrogation when, even without the a. Law c. Quasi-delict
b. Quasi-contract d. Contract
knowledge of the debtor, a third person, not interested in
6. Which of the following is not a scope of civil liability
the obligation, pays the creditor. arising from crimes?
43. FALSE The nullity of the penal clause carries with it that a. Restitution
b. Reparation
of the principal obligation. c. Indemnification for consequential damages
44. TRUE Proof of actual damage suffered by the creditor is d. None of the above
7. “The watch I am wearing” is a
not necessary in order that the penalty in an obligation with
a. Generic thing c. Specific thing
a penal clause maybe demanded. b. Concrete thing d. Indeterminate thing
45. TRUE Payment to an incapacitated creditor is not valid, 8. Culpa means
a. Deceit c. Delay
except when he has kept the thing delivered, in so far as the b. Negligence d. Contravention
payment has been beneficial to him. of the tenor of the obligation
9. Dolo means
46. TRUE Condonation or remission is generally gratuitous.
a. Deceit c. Delay
47. TRUE The renunciation of the principal debt shall b. Negligence d. Contravention of the
extinguish the accessory obligations; but the waiver of the tenor of the obligation
10. Obligations arising from contracts have the ___between
latter shall leave the former in force. the contracting parties and should be complied with in
48. FALSE Prescription is the extinguishment of an obligation good faith.
a. rule of law c. force of law
by the passage of time.
b. rule of equity d. all of the above
11. A debtor with an obligation to give is duty bound to take 2nd Waiver of action for past fraud is void.
good care of the thing using the proper diligence in the a. 1st is true, 2nd is false c. both are true
absence of law or agreement. This diligence is b. 1st is false, 2nd is true d. both are false
a. Minimum diligence
b. Extraordinary Diligence
c. Diligence of a good father of a family
d. All of the above
12. 1st The obligation to give a determinate thing includes
that of delivering all its accessions and accessories, even
if they have not been mentioned in the agreement.
2nd Waiver of action for past fraud is void.
a. 1st is true, 2nd is false c. both are true
b. 1st is false, 2nd is true d. both are false
13. Which of the following refers to fortuitous events
a. Caso fortuito c. act of God
b. Force majeure d. all of the above
14. 1st Generally, the parties may recover interest if there is
a written stipulation of said payment of interest.
2nd If a person obliged to do something fails to do, the
same shall be executed at his cost.
a. 1st is true, 2nd is false c. both are true
b. 1st is false, 2nd is true d. both are false
15. It is required before a debtor is declared in legal delay
a. Condition c. agreement
b. Demand d. all of the above
16. Delay of obligors in reciprocal obligation
a. Dolo c. Mora Solvendi
b. Mora accipiendi d. Compensatio Morae
17. Which of the following allows the creditor to obtain
from the damages from the debtor?
a. Mora c. culpa
b. Dolo d. all of the above
18. The kind of diligence required in case of common
carriers
a. Diligence of a good father of a family
b. Diligence that corresponds to the circumstance
of persons, time, and place
c. Extraordinary Diligence
d. All of the above
19. Which of the following does not extinguish an
obligation?
a. Loss of generic thing due c. payment
b. Loss of determinate thing dued. condonation
20. In obligation, in case if non-compliance,
a. Obligation c. Juridical necessity
b. Juridical Tie d. all of the above
21. 1st In reciprocal obligations, neither party incurs in delay
if the other does not comply or is not ready to comply in
proper manner with what is incumbent upon him.
2nd In an obligation to give generic thing, the creditor
can compel the debtor to personally deliver the
prestation of superior quality.
a. 1st true, 2nd false c. both are true
b. 1st false, 2nd true d. both are false
22. A condition that is dependent to the will of any of the
parties in an obligation
a. casual c. potestative
b. mixed d. transferable
23. 1st The obligation to give a indeterminate thing includes
that of delivering all its accessions and accessories, even
if they have not been mentioned in the agreement.