EDUARDO L.

JOSON MEMORIAL COLLEGE

LAW ON OBLIGATIONS AND CONTRACTS
FIRST QUIZ

Multiple Choice. Select the best answer from among the choices.

1. The following are also terms used to describe an obligee. Which is not included?
a. Creditor b. Passive subject c. owner of right d. Active subject

2. He has the duty of doing, giving or not doing

a. Active subject b. Creditor c. Obligor d. obligee

3. The obligation is constituted in favor of:

a. Debtor b. Creditor c. Passive subject d. Obligor

4. It is the subject matter of the obligation:

a. Active subject b. Passive subject c. Efficient cause d. Prestation

5. Vinculum juris
a. Active subject b. juridical tie c. Passive subject d. Obligee

6. The obligation exists because of the presence of:

a. Obligor b. juridical tie c. Active subject d. Prestation e. All of the above

7. X obliged himself to repair the refrigerator of Y. The active subject is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

8. Based on the question above, the passive subject is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

9. Based on question No. 7, the prestation is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

10. Based on question no. 7, the efficient cause is

a. X b. Y c. To repair the refrigerator d. The contract between X and Y

11. Obligation consists in giving something

a. Unilateral b. Bilateral c. Real d. Personal

12. Which is false? Demandability of obligation derived from law

a. Are expressly determined in the Civil Code of the Philippines
b. Are expressly determined in special laws.
c. Are presumed
d. None of the above
13. The obligation of the taxpayers to pay taxes to the Government arises from
a. Law b. Contract c. Quasi-Contract d. Delict e. Quasi-delict

14. Juridical relations that arises from certain lawful, voluntary and unilateral acts to the end that no
one shall be unjustly enriched at the expense of another.
a. Law b. Contract c. Quasi-contract d. Delict e. Quasi-delict

15. A person voluntarily takes charge of the management of the business or property of another,
without any power or authority from the latter.
a. Delict or felony b. Negotiorum gestio c. Solutio indebiti d. Quasi-delict

16. A person receives something when he has no right to demand it.

a. Delict of crime b. Negotiorum gestio c. Solutio Indebiti e. Quasi-delict

17. Undue delivery resulting from mistake; recipient is obliged to return the thing received.
a. Delict or offense b. Negotiorum gestio c. Solutio Indebiti e. Quasi-delict

18. Omission of the diligence required resulting to damage to another when there is no contractual
relationship.
a. Quasi-contract b. Law c. Negligence d. Acts or omission punished by law

19. Creditor issues a receipt which shows that the principal has been paid without mention of the
interest. The presumption is
a. The principal has been partially paid
b. The interest is unpaid
c. The interest has been paid
d. There was no agreement to pay interest.

20. Who is liable for the loss of the subject matter by fortuitous event?
a. Creditor b. Debtor c. Both debtor and creditor d. Neither debtor nor creditor

21. X is obliged to give Y his only car on January 10, 2021. X did not deliver the car on the day agreed
upon. On January 15, 2021, an earthquake destroyed the building where th car was parked and it was
completely destroyed thereat. Is X liable on the loss which was due to fortuitous event?
a. Yes, because X was in delay, thus the loss due to fortuitous event does not exempt him from
the obligation to the creditor.
b. No, the obligation is extinguished even if the debtor is already in default, because the debtor
can plead impossibility of performance.
c. Yes, the creditor can demand payment of damages instead of demanding performance, since
the thing lost was determinate.
d. No, considering that no demand to deliver was made by Y and the specific thing was lost due
to a fortuitous event resulting to the extinguishment of his obligation.

22. Diligence required in an obligation to give a determinate thing.

a. Extra-ordinary diligence d. Diligence of a father of a good family
b. Diligence depending on the parties
c. Ordinary diligence
23. It is a thing which may be particularly designated and physically segregated from all other os the
same kind, except
a. Specific thing b. Generic thing c. Particular thing d. Determinate thing

24. A kind of thing that never perishes.

a. Specific thing b. Generic thing c. Particular thing d. Determinate thing

25. Spontaneous product of the soil or young of animals.

a. Natural fruit b. Industrial fruit c. Civil fruit d. Juicy fruit

26. The creditor acquires personal right to the fruits of the thing-.
a. From the time there is meeting of the minds of the parties.
b. From the time to deliver it arises.
c. From the time the obligation is constituted.
d. From the time the fruit is actually delivered to him.

27. When do the creditor acquire real right over the fruit of the thing?
a. From the time there is meeting of the minds between the parties.
b. From the time to deliver it arises.
c. From the time the obligation is constituted.
d. From the time the fruit is actually delivered to the creditor.

28. Power or right demandable by one person of another to giv, to do or not to do.
a. Personal right b. Real right c. Jus in re d. All of the above

29. Power or right over a specific thing and is binding against the whole world.
a. Personal right b. Real right c. Jus in re d. All of the above

30. In a pure obligation, the obligation to deliver the thing arises

a. From the time the obligation s constituted.
b. From the arrival of the period agreed upon.
c. From the happening of the condition.
d. From the actual delivery of the thing.

31. In a conditional obligation, the obligation to deliver the thing arises

a. Upon the arrival of the day certain.
b. Upon the time there is meeting of the minds between the parties.
c. From the happening of the condition.
d. Upon the happening of the resolutory condition.

32. Keys of the house are given to the new owner

a. Traditio simbolica
b. Traditio longa maniu
c. Tradition brevi manu
d. Constitutom possessorium
33. X is bound to deliver Y a Wimpex Air Cooler with remote control. X failed to comply. The right of Y
is to
a. Compel X to make the delivery of the object of the obligation.
b. Demand damages from X for failure to deliver.
c. Ask X to comply with his obligation.
d. File a suit in court to comply with his obligation.

34. Event which could not be foreseen or even when foreseen were inevitable
a. Current events b. Unavoidable event c. Fortuitous event d. A day certain

35. L is obliged o deliver a specific manual car with red color to M. X failed to deliver the said car to M
on the date agreed upon despite an extra-judicial demand.. Which is not the right of M?
a. Ask L to deliver a red manual car.
b. Compel L for specific performance.
c. Demand damages from L for failure to comply with his obligation
d. File a suit in court to compel L to perform his obligation.

36. In an obligation to give a determinate thing, all the accessions and accessories have to be delivered
a. When there is an agreement to that effect.
b. If parties stipulated that the same shall be included to be delivered.
c. Even though they may not have been mentioned.
d. All of the above.

37. Delay on the part of the debtor

a. Mora accipiendi b. Mora solvendi c. Compensatio morae d. Mora indipuede

38. Demand by the creditor from the debtor

a. May be judicial b. May be extra-judicial c. Both “a” and “b” d. Neither “a” nor “b”

39. Damages to adequately compensate for pecuniary loss suffered including profits.
a. Actual damages b. Moral damages c. Nominal damages d. Temperate damages

40. Any waiver for an action for future fraud is

a. Unenforceable b. Voidable c. Void d. Rescissible e. Negotiable

41. I promise to give you my car with plate number CVM 111, is what kind of obligation?
a. Pure obligation b. Suspensive obligation c. Resaolutory d. With a period

42. I oblige myself to give you P1,000 on demand. An obligation called

a. Pure b. Suspensive c. Resolutory d. With a suspensive period

43. The happening of a suspensive conditiom

a. Obligation and right exist c. Extinguishes an obligation
b. Loss of a right already existing d. All of the above.

44. The arrival of a resolutory period

 a. Gives rise to an obligation c. Extinguishes the obligation and loss of an existing right
b. Acquisition of a right d. The debtor becomes liable
45. A was obliged to pay P1 million to B on October 1, 2020. Believing that the obligation was already
due and demandable, A paid the debt on October1, 2019. Later, on December 31, 2019, A realized that
he made a mistake. How much may A recover on December 31, 2019?
a. Nothing
b. P 1 million
c. P 1 million plus legal interest for one (1) year.
d. P 1 million plus legal interest for three (3) months.
e. Legal interest for three (3) months.
f. Legal interest for one (1) year.

46. If in the above question , if A’s payment was made with full knowledge of A, how much may A
recover from B on December 31, 2019?
a. Nothing
b. P 1 million
c. P 1 million plus legal interest for one (1) year.
d. P 1 million plus legal interest for three (3) months.
e. Legal interest for three (3) months.
f. Legal interest for one (1) year.

47. If in question No. 45, unaware of the period when he prematurely paid B, how much may A recover
from B on December 31, 2020?
a. Nothing
b. P 1 million
c. P 1 million plus legal interest for one (1) year.
d. P 1 million plus legal interest for one (1) year and three (3) months
e. Legal interest for three (3) months..
f. Legal interest for one (1) year

48. In alternative obligation, to whom does the right of choice belongs?

a. To the debtor only c. To the debtor but may be expressly given to the creditor
b. To the creditor only d. To the creditor but may expressly be given to the debtor

49. In facultative obligation, to whom does the right to substitute the prestation belongs?
a. To the debtor only c. To the debtor but may be given to the creditor
b. To the creditor only d. To the creditor but may be given to the debtor.

50. A borrowed P100,000 with 12% from B, payable on December 31, 2021. For whose benefit was
the period December 31, 2021 established?
a. For the debtor only c. Both the debtor and creditor
b. For the creditor only d. Neither debtor nor reditor

GOOD LUCK