Quiz 2.: For Review

FOR REVIEW
QUIZ 2.
1. T or F | There is alternative obligation when there are several prestations but only one is due and its
performance will suffice.
The correct answer is 'False'.
2. T or F | It is a conjunctive obligation when there are all several prestations and some are due while
some are not.
3. T or F | Also when it is subject to a suspensive condition.
4. T or F | To deliver a horse is an indivisible obligation.
The correct answer is 'True'.
5. T or F | A condition always refers to future.
6. T or F | Facts: A obliges himself to give B 1 million pesos should he marry G before B turns 23 of
age. A is liable if B marries G on his 23rd birthday. 12. The obligation of A is extinguished if G
married X before B reaches 23 years old.
7. T or F | FACTS: A,B and C obliged promised to pay X in solidum the amount of Php 12, 000 as
follows: A to pay X at 1, 000 per month starting January; B to pay X in two installments due on
March and June; C to pay X in full on May. On April, if A is insolvent since January, the amount due
is still Php 6, 000 to be paid by B or C
8. T or F | A contract may be valid but cannot be enforced.
9. T or F | To repair a piano is a real obligation.
10. T or F | A is obliged by contract to deliver a specific car to B, A is not obliged to deliver the “jack” of
the car to B because the delivery of the jack is not mentioned in the contract.
11. T or F | The condition is potestative when it depends upon chance.

12. T or F | The right of choice in alternative obligation and the right of substitution in facultative
obligation are both generally given to the debtor unless expressly given to the creditor.
13. T or F | The obligation is one with a period when the debtor binds himself to pay from time to time.
14. T or F | An obligation is demandable at once when it is subject to resolutory condition.
15. T or F | When the potestative condition is void, no juridical tie is created.
16. T or F | A white refrigerator with six cubic foot–capacity is specific.
March and June; C to pay X in full on May. On July, A and B made good of their shares but C
incurred delay, only C will be liable of any interest that would be imposed but all creditors are liable
for it to X subject to reimbursement from C.
18. T or F | As a rule, the penal clause cannot stand on its own if the principal obligation is void.
March and June; C to pay X in full on May. On June, if there is a valid remission of the share of B
and A is insolvent, only C will bear the entire obligation less the share of B
20. T or F | On top of the penalty, parties can stipulate over recovery of damages.
21. T or F | The obligation is demandable at once if the condition imposed is negative, that is, not to do
an impossible thing.
22. T or F | The intent of the parties in establishing the obligation is the controlling factor in
determining the possibility of partial prestation.
23. T or F | It is called passive solidarity when the solidarity is on the part of the debtors.

age. A is liable if B marries G on his 23rd birthday. 13. The obligation of A is extinguished if B
married G but dies at 22 years old.
25. T or F | The resolutory condition is void if its fulfillment depends upon the will of the debtor.
26. T or F | The is true with fraud also.
27. T or F | In alternative obligation the choice made by the debtor should be with concurrence of the
creditor to be valid.
28. T or F | The condition shall be deemed fulfilled, only when the obligor prevents its fulfillment with
malice.
29. T or F | The suspensive condition is void if the fulfillment of the obligation depends upon the sole
will of the debtor.
March and June; C to pay X in full on May. On April, the amount due is Php 6,000 to be paid by A
and B only
31. T or F | Prescription is a complete defense which is derived according to the nature of the
obligation.
32. T or F | The other term for quasi-delict is culpa contractual.
33. T or F | Solutio indebiti is a contract.
34. T or F | The presumption that the obligation is joint is in favor of the debtors.
35. T or F | The lost of a thing due to fortuitous event is extinguished if the object is generic.

36. T or F | The solidarity is real when the parties agreed on it.
March and June; C to pay X in full on May. On June, only B has a standing obligation to X
38. T or F | The suspensive condition is void if its fulfillment depends exclusively upon the will of the
creditor.
age. A is liable if B marries G on his 23rd birthday. A is liable if B marries before he turns 23.
40. T or F | Rent of buildings is an example of civil fruit.
41. T or F | Choice in alternative obligations should be in writing.
42. T or F | Waiver of future fraud is void.
43. T or F | Consent of the other creditors is not necessary if the assignment is made to a co-creditor.
44. T or F | In mixed solidarity, any one of the solidary creditors can demand the fulfillment of the
entire obligation.
45. T or F | Nevertheless, the parties can agree to its divisibility.
46. T or F | Obligations derived from law are not presumed.
age. A is liable if B marries G on his 23rd birthday. 14. The obligation of A is extinguished if B
marries Y at 20 years old.

48. T or F | When the debtor binds himself to pay when his means permit is an obligation with a
condition.
age. A is liable if B marries G on his 23rd birthday. 10. A is liable if B marries G on his 23rd birthday.
50. T or F | The debtor shall be liable if the loss of the thing intended as substitute is due to his fault
regardless when it was lost.

QUIZ 3.
1. Identification| One where each of the debtors is bound to render the entire compliance of the
prestation.
The correct answer is: solidary
2. Identification| Other term for debtor/passive subject.
The correct answer is: obligor
3. T or F | As a rule, payment or performance must be complete.
4. Identification| In crime, the guilt of the accused must be proved beyond reasonable
The correct answer is: doubt
5. Identification| Law which provides for the procedure in the enforcement of rights.
The correct answer is: remedial
6. T or F | The remission of the principal debt extinguishes the accessory obligation.
7. T or F | When the debt of a thing certain proceeds from a criminal offense, the debtor shall be
exempted from the payment of the price if the thing is lost through a fortuitous event.
8. Identification| Obligation wherein several prestations are due but the performance of one is
sufficient.
The correct answer is: alternative
9. Identification| Other term for payment by cession.
The correct answer is: joint and severally (assignment)

10. Identification| 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 other
person suffers injury.
The correct answer is: negligence
11. Identification| The condition depends upon chance or upon the will of a third person.
The correct answer is: casual
12. Identification| Obligation is a --- necessity to give, to do or not to do;
The correct answer is: juridical
13. Identification| Diligence required of a common carrier.
The correct answer is: extaordinary
14. Identification| Particularly designated or physically segregated from all others of the same class.
The correct answer is: specific thing
15. Identification| Other term for merger.
The correct answer is: confusion
16. Identification| The other term for disputable presumption.
The correct answer is: rebuttable
17. Identification| Subgrogatory action is based on the concept that the debtor of my debtor is my
.
The correct answer is: debtor
18. Identification| Kind of obligation which is enforceable in courts.
The correct answer is: real
19. Identification| Source of obligation in the payment of taxes.
The correct answer is: law
20. Identification| Other term for condonation.
The correct answer is: remission
21. Identification| A is a future and certain event upon the arrival of which the obligation
subject to each either arises or is extinguished.
The correct answer is: period
22. Identification| Obligation wherein only one prestation has been agreed upon but the obligor may
render another in substitution.
The correct answer is: facultative

23. Identification| One where the whole obligation is to be paid or fulfilled proportionately by the
different debtors.
The correct answer is: proportionate
24. Identification| Other term for payment in kind.
The correct answer is: dacion en pago
25. Identification| Other term for remission.
The correct answer is: condonation
26. Identification| Other term for crime which is an act or omission punished by law.
The correct answer is: delict (felony)
27. Identification| The condition depends upon the will of one of the parties.
The correct answer is: potestative
28. Identification| The condition shall be deemed fulfilled when the obligor prevents its
fulfillment.
The correct answer is: voluntarily
29. Identification| Kind of novation where the object or principal condition of the obligation are
changed.
30. Identification| It is a special court specifically in handling tax cases.
The correct answer is: court of tax appeals
31. Identification| Fraud committed in the performance of the obligation.
The correct answer is: contractual (incidental)
32. Identification| Right enforceable against the whole world.
33. Identification| Is an obligation wherein its delivery or performance is capable of partial fulfillment.
The correct answer is: divisible obligation
34. Identification| Are those events which are unforeseen, though foreseen are inevitable
The correct answer is: fortuitous
35. T or F | If the old obligation is void, novation can make it valid.
36. Identification| During the pendency of the condition, if it is improved at the expense of the debtor,
he shall have no other right than that granted to a .
The correct answer is: usufructuary

37. Identification| A kind of damage which is pre-determined beforehand by agreement.
The correct answer is: liquidated
38. Identification| Meeting in one person of the qualities of creditor and debtor with respect to the
same obligation.
The correct answer is: confusion
39. Identification| Delay on the part of the debtor.
The correct answer is: mora solvendi
40. Identification| Is the extinguishment to the concurrent amount of the debts of two persons who in
their own right are debtors and creditors of each other.
The correct answer is: compensation
41. Identification| Kind of damage imposed to set an example so that others will not follow.
The correct answer is: exemplary
42. T or F | If the new obligation is void, the original one shall subsist, unless the parties intended that
the old obligation shall be extinguished in any event.
43. T or F | A debt which consists in sum of money and another debt which consists in a consumable
thing are extinguished by legal compensation as long as both debts have the same amount and
one is already due.
44. Identification| Non performance of the obligation with respect to time.
The correct answer is: delay
45. Identification| Tender of payment and is a special type of payment.
The correct answer is: consignation
46. Identification| Is an obligation wherein it contains an accessory undertaking to pay a previously

stipulated indemnity in case of breach.
The correct answer is: obligation with penal clause
47. Identification| The condition not to do an impossible thing shall be considered as not having been
upon.
The correct answer is: agreed
48. Identification| A condition wherein one, the fulfillment of which will extinguish an obligation.
The correct answer is: resolutory
49. T or F | Tender of payment is judicial.

50. T or F | Payment by a third person who does not intend to be reimbursed by the debtor shall be
deemed to be a donation which requires consent of the debtor. However, even if the debtor does
not give his consent, payment shall nevertheless be valid with respect to the creditor.
51. Identification| Other term for passive subject.
The correct answer is: debtor
52. Identification| Other term for simple loan.
The correct answer is: mutuum
53. T or F | In obligations to give a generic thing whose quality and circumstances have not been
stated, the creditor can demand a thing of superior quality.
54. Identification| A juridical relation between to persons created out of certain lawful voluntary, and
unilateral acts giving rise to certain obligation.
The correct answer is: quasi-contract
55. Identification| Law is a of conduct, just, obligatory promulgated by competent authority
for common observance and benefit.
The correct answer is: rule
56. Identification| That currency by which the debtor may compel the creditor to accept payment of
the obligation if tendered in the proper amount.
The correct answer is: legal tender
57. Identification| Meeting of minds between two persons whereby one binds himself with respect to
the other to give something or render some service.
The correct answer is: contract
58. Identification| Is an obligation which can stand by itself and does not depend for its validity and
existence upon another obligation.
The correct answer is: principal
59. T or F | In obligations to do, the debtor’s obligation is extinguished if the prestation becomes
physically impossible due to his fault.
60. Identification| It is the extinction of the obligation through the creation of a new one which
substitutes it.
The correct answer is: novation

Identification/Enumeration
kinds of contracts according to risk
1. commutative
2. aleatory
3. Customs consist of habits and practices which by long period of observance in a community became a rule
of conduct.
4. Spitulation pour autrui
5. Consensual
6. Real
7. Solemn
Stages in the life of a contract
8. Preparation or negotiation
9. Perfection or birth
10. Consummation or termination
11. The means to cure an unauthorized contract. – Ratification
Essential elements of a contract.
12. Consent
13.Object
14. Cause
15. It is a proposal made by the offerer to another which indicated willingness to enter into a contract. - Offer
16. It is the manifestation by the offeree of his assent to all the terms of the offeror’s proposal. - Acceptance
17. It is the temporary period of sanity.- Lucid Interval
18. Conditions equivalent to temporary insanity which vitiate consent. - Drunkenness
20. The period given within which the offeree must accept the offer. – Option Period
The person making the offer may fix the __, ___, and ___ of acceptnace, all of which must be complied with.
21. time
22. place
23. manner
An offer becomes ineffective upon the ___,______,________, or __ of either party before acceptance is conveyed.
24. death
25. civil interdiction

26. insanity
27. insolvency
A contract is voidable if consent thereto was given through _, _, _,_____, or __.

28. mistake
29. violence
30. intimidation
31. undue influence
32. fraud
33. Who has the burden of proof in case of mistake or fraud. – The one who asserts allegation of fraud
34. Neglect or failure of full disclosure when there is a need to do so. - Concealment
35. It is the act of deliberate deception of others through pretend agreements. – Incidental Fraud
36. It is the purpose why parties enter into contracts. - Cause
37. It is purely personal reason upon a party in entering contracts. - Motive
38. Public order is broader than public policy. - False
39. Facto ut des in English means I give that you may do. - False
40. Partnership is a contract which cause is remunerative. - True
QUIZ 4
1. The Statute of Fraud
a. Applies to any contract provided it is still executor on both sides.
b. Applies to any contract provided the action is not for specific performance.
c. Applies to the 6 contracts enumerated in Art. 1403 par 2 of the Civil Code
d. None of the above
2. In an obligation with a penal clause, should there be breach
a. The injured party can claim both the penalty and the principal obligation
b. The injured party can claim only the penalty
c. The injured party can claim the penalty only after proof of damage suffered by him
d. The injured party can claim only damaged without the penalty’
3. A contract of sale
a. A bilateral contract
b. A consensual contract
c. A reciprocal contract
d. All of the above
4. Paul granted Kyx a certain period to purchase a parcel of land. Kyx did not give a separate consideration for said
option. Should the offer be not accepted in the meantime and Paul withdrew the offer, such withdrawal shall take
effect:
a. Upon manifestation of the withdrawal
b. Upon the actual receipt of the withdrawal
c. Upon having constructive knowledge of the withdrawal
d. Upon having actual knowledge of the withdrawal
5. On January 5, 2010, in a written contract, 20-year old Paul borrowed and received Php 1M from Kyx, a seven-year
old girl, to be paid on June 5, 2010. Upon reaching the age of majority, Kyx ratified the contract of loan. Kyx then
demanded payment thereof. Legally, how much can Kyx compel Paul to pay?
a. P1M plus legal interest from the time of ratification
b. P1M plus legal interest from the time of demand
c. P1M only
d. Kyx cannot compel Paul to pay anything
6. All are due but which of them needs demand before payment be required from the obligor?
a. In legal support, the obligation to support a legitimate child
b. By way of a contract, the obligation to deliver a bridal cake for the creditor’s wedding
c. While in the obligor’s possession, his wife voluntarily destroys the specific thing which is the object of the obligation
d. While in the obligor’s possession, the obligor himself destroyed the specific thing which is the object of the obligation
7. Paul was kidnapped by some terrorists and was brought in the mountains of Cotabato. IIn much fear, Paul called
Kyx to help him escape for a consideration of P500k. Kyx agreed to rescue Paul, hence, the agreement betweel Paul
and Kyx is:
a. Valid
b. Void
c. Voidable by reason of intimidation
d. Voidable by reason of violence
8. A contractual obligation not to give a determinate thing is
a. A real but imperfect obligation
b. A real and perfect obligation
c. A personal and perfect obligation
d. A negative imperfect obligation
9. A juridical necessity to give, to do or not to do refers to:

a. An obligation
b. A civil obligation
c. A perfect obligation
d. An imperfect obligation
10. Which is NOT an essential requisite of remission?
a. It must be accepted by the obligor
b. It must comply with the forms of donations
c. It must refer to a matured credit
d. It must by way of a lucrative title
11. Which of the following does NOT vitiate consent?
a. Undue influence by a third person
b. Misrepresentation by a third person
c. Violence by a third person
d. Intimidation by a third person
12. “I promise to give A a car upon A’s passing the CPA board within 5 years.” The condition in this obligation is:
a. Resolutory
b. Casual
c. Positive
d. Potestative
13. A characteristic of a thing which cannot be used in a manner appropriate to their nature without being consumed
is:
a. Fungible
b. Non-fungible
c. Consumable
d. Non-consumable
14. There is no juridical tie in:
a. Civil obligations
b. Natural obligations
c. Moral obligations
d. Quasi-contractual obligations
15. An obligation to pay P1M is an obligation

a. To give a determinate thing
b. To give a generic thing
c. To do
d. Not to do
“If nothing lasts forever, will you be my nothing?”
“I’m not LANY, but I love you so bad”
“Im not good at pickup line, but can I pick you up instead?”
“Oblicon book ka ba? Kasi kahit tayoy mag puyatan, gagawin ang lahat maintindihan ka lang.”

Quiz 2.: For Review

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The correct answer is 'False'.

The correct answer is 'False'.

3. T or F | Also when it is subject to a suspensive condition.

The correct answer is 'False'.

4. T or F | To deliver a horse is an indivisible obligation.

The correct answer is 'True'.

5. T or F | A condition always refers to future.

The correct answer is 'False'.

The correct answer is 'False'.

The correct answer is 'True'.

8. T or F | A contract may be valid but cannot be enforced.

The correct answer is 'True'.

9. T or F | To repair a piano is a real obligation.

The correct answer is 'False'.

The correct answer is 'False'.

11. T or F | The condition is potestative when it depends upon chance.

The correct answer is 'False'.

The correct answer is 'False'.

The correct answer is 'False'.

14. T or F | An obligation is demandable at once when it is subject to resolutory condition.

The correct answer is 'True'.

15. T or F | When the potestative condition is void, no juridical tie is created.

The correct answer is 'True'.

16. T or F | A white refrigerator with six cubic foot–capacity is specific.

The correct answer is 'False'.

The correct answer is 'True'.

The correct answer is 'True'.

The correct answer is 'False'.

The correct answer is 'True'.

The correct answer is 'True'.

The correct answer is 'True'.

The correct answer is 'True'.

The correct answer is 'False'.

The correct answer is 'True'.

26. T or F | The is true with fraud also.

The correct answer is 'False'.

The correct answer is 'False'.

The correct answer is 'False'.

The correct answer is 'True'.

The correct answer is 'False'.

The correct answer is 'True'.

32. T or F | The other term for quasi-delict is culpa contractual.

The correct answer is 'False'.

33. T or F | Solutio indebiti is a contract.

The correct answer is 'False'.

The correct answer is 'True'.

The correct answer is 'False'.

The correct answer is 'True'.

The correct answer is 'False'.

The correct answer is 'False'.

The correct answer is 'False'.

40. T or F | Rent of buildings is an example of civil fruit.

The correct answer is 'True'.

41. T or F | Choice in alternative obligations should be in writing.

The correct answer is 'False'.

42. T or F | Waiver of future fraud is void.

The correct answer is 'True'.

The correct answer is 'True'.

The correct answer is 'False'.

45. T or F | Nevertheless, the parties can agree to its divisibility.

The correct answer is 'False'.

46. T or F | Obligations derived from law are not presumed.