Test – I Multiple Choice (1 point each)

Write the letter which corresponds to the best answer in the blank provided.

1. Which of the following is not a distributive obligation? A

a. Obligation where there is only one prestation.
b. Obligation where two or more of the prestations is due
c. Obligation where several prestations are due but the performance of one is
sufficient.
d. Obligation where only one prestation is due but the debtor may substitute
another.

2. Which of the following is not a kind of solidarity? B

a. Where any one of the debtors can be made liable for the fulfillment of the entire
obligation.
b. Where only one of the debtors can be made liable for the fulfillment of the entire
obligation.
c. Where any one of the debtors can be compelled to perform the whole obligation.
d. Where there is only one debtor but any one of the creditors can demand the
fulfillment of the entire obligation.

3. The creditor, in addition to the penalty, may recover damages and interest except: C
a. When so stipulated by the parties.
b. When the obligor refuses to pay the penalty.
c. When the obligor is guilty of causal fraud.
d. When the obligor is guilty of incidental fraud.

4. All of the following statements are true except: A

a. The debtor cannot exempt himself from the performance of the obligation by
paying the penalty save in the case where this right has been impliedly reserved
for him.
b. The creditor cannot demand the fulfillment of the obligation and the satisfaction
of the penalty at the same time.
c. Proof of actual damages suffered by the creditor is not necessary in order that the
penalty may be demanded.
d. Penalty may be reduced by the courts if it is iniquitous or unconscionable.

5. Which of the following is a cause of extinguishing an obligation? D

a. Payment made by third person. b. Loss of the indefinite thing due.
c. Inofficious remission of the debt. d. Arrival of resolutory period.

6. All of the following are special forms of payment except: B

a. Dation in payment b. Tender of Payment
c. Assignment of property in payment of debt. d. Consignation

7. All of the following are true except: D

a. Payment means not only the delivery of money but also the performance of an
obligation.
b. A debt shall not be understood to have been paid unless the thing in which the
obligation consists has been completely delivered.
c. When the obligee accepts the performance, knowing its incompleteness and
without expressing any protest, the obligation is deemed fully complied with.
d. The creditor is not bound to accept payment by a third person who has interest
in the fulfillment of the obligation.

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8. Payment made to a third person shall also be valid insofar as it has redounded to
the benefit of the creditor. Such benefit to the creditor need not be proved in the
following cases except: A
a. If after the payment, the third person acquires the obligor’s rights.
b. If the obligee ratifies the payment to the third person.
c. Estoppel on the part of the creditor.
d. Subrogation of the payer in the creditor’s rights.

9. It is the conveyance of ownership of a thing as an accepted equivalent. C

a. Payment by cession b. Application of payment
c. Adjudication d. Tender of Payment.

10. All of the following are essential requisites of a valid consignation except: D
a. Valid tender of payment by the debtor and refusal without justifiable reason by
the creditor to accept it.
b. Consignation of the thing due in court.
c. Subsequent notice of consignation made to the interested parties.
d. Existence of a valid debt which is not yet due.

11. Consignation alone shall produce the same effect in the following cases except: B
a. When, without just cause, he refuses to give a receipt.
b. When the creditor is capacitated to receive the payment at the tie it is due.
c. When two or more persons claim the same right to collect.
d. When the title of the obligation has been lost.

12. Loss of the thing will not extinguish the obligation in the following cases except: A
a. When the obligation is to deliver a determinate thing.
b. When the obligation to deliver a determinate thing arises from a crime.
c. When the nature of the obligation requires the assumption of risk.
d. When the law or stipulations of the parties so provides.

13. All of the following statements are false except: A

a. An obligation which consists in the delivery of a determinate thing shall be
extinguished if it should be lost without debtor’s fault.
b. An obligation which consists in the delivery of a determinate thing shall be
extinguished if it should be lost even if the obligor has incurred in delay.
c. When the nature of the obligation requires the assumption of risk, loss of the
thing due extinguishes the obligation.
d. In an obligation to deliver a generic thing, the loss or destruction of anything of
the same kind does extinguish the obligation.

14. Which of the following statements is true? D

a. Condonation is essentially gratuitous, and requires the acceptance by the obligee.
b. Implied condonation shall not be subject to the rules which govern inofficious
donation.
c. In remission, the parties may not have the capacity to contract.
d. If the remission is mortis causa, it must comply with the formalities of a will.

15. Whenever the private document in which the debt appears is found in the
possession of the debtor, it shall be presumed that: C
a. The debtor’s obligation is extinguished by compensation.
b. That the accessory obligation attached to the principal obligation is extinguish.
c. That the obligee delivered it voluntarily.
d. That the obligee expressly condone the debtor’s obligation.

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16. Whenever the private document in which the debt appears is found in the
possession of the debtor, it shall be presumed that: C
a. The debtor’s obligation is extinguished by compensation.
b. That the accessory obligation attached to the principal obligation is extinguish.
c. That the obligee delivered it voluntarily.
d. That the obligee expressly condone the debtor’s obligation.

17. Nadine pawned his new cellphone in favor of ABC Pawnshop to secure his obligation
in a contract of loan to the latter. On January 31, 2020, Nadine signed the contract
of pledge and delivered said cellphone to ABC Pawnshop. On February 3, 2020 the
said cellphone was found in Nadine’s possession. Nadine’s loan to ABC Pawnshop
was paid on February 5, 2020. Which of the following statements is correct? A
a. Nadine’s accessory obligation of pledge has been impliedly remitted by ABC
Pawnshop.
b. Nadine’s accessory obligation of pledge has been expressly remitted by ABC
Pawnshop.
c. Nadine’s accessory obligation of pledge has been partially remitted by ABC
Pawnshop.
d. Nadine’s accessory obligation of pledge has been inofficiously remitted by ABC
Pawnshop.

18. An obligation not to give is a: D

a. Negative Real obligation
b. Personal obligation
c. Positive personal obligation
d. Negative Personal Obligation

19. All of the following solidary liabilities are imposed by law except: B
a. When there are two or more bailees to whom a thing is loaned in the same
contract, they are solidarily liable.
b. When the parties to a contract loan stipulated that the debtors are solidarily
liable.
c. The responsibility of two or more payees, when there has been payment of what is
not due, is solidary.
d. The responsibility of two or more persons who are liable for quasi-delict is
solidary.

20. All of the following statements are false except: B

a. Merger which takes place in the person of one of the joint debtors benefits the
other joint debtor.
b. Merger which takes place in the person of debtor benefits the guarantor.
c. Merger which takes place in the person of the guarantor benefits the debtor.
d. Merger which takes place in the person of the creditor does not benefit the
guarantor.

21. All of the following statements are correct except: D

a. An obligation is presumed indivisible where there is only one creditor and only
one debtor.
b. In obligations not to do, divisibility or indivisibility shall be determined by the
character of the prestation in each particular case.
c. Even though the object or service may be physically divisible, an obligation is
indivisible if so provided by law or intended by the parties.
d. Obligation to give a definite thing shall be deemed to be divisible.

22. Which of the following is an essential requisite of a valid compensation? C

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 a. That each one of the debtors need not be bound principally.
b. Only one of the debts consist in a sum of money.
c. That both debts are not subject to any retention.
d. That both debts are not yet due but liquidated.

23. When compensation can be set up only by one of the parties. B

a. Voluntary Compensation c. Legal Compensation.
b. Facultative Compensation d. Legal Compensation

24. All of the following are facultative compensation except: A

a. X owes Y P1,000.00. Y, in turn, owes X P1,000.00.
b. X owes Y P1,000.00. Y, in turn, owes X P1,000.00 representing the value of the
ring deposited by X with Y which Y failed to return .
c. X owes Y P1,000.00. Y, in turn, owes X P1,000 representing the value of the X’s
ring borrowed Y which the latter failed to return.
d. X owes Y P1,000.00. Y, in turn, owes X P1,000.00 representing the value of X’s
ring which Y stole.

25. The modification is merely incidental to the main obligation. D

a. Implied novation c. Real novation.
b. Express Novation d. Partial Novation.

26. The old and the new obligations are on every point incompatible with each other. A
a. Implied novation c. Real novation
b. Express Novation d. Partial Novation

27. All of the following are essential requisites of novation except: A

a. Extinguishment of the new obligation.
b. A previous valid obligation.
c. Modification or extinguishment of the obligation.
d. Capacity and intention of the parties to modify or extinguish the obligation.

28. This special form of payment shall only release the debtor from responsibility for the
net proceeds of the thing assigned. A
a. Payment by cession b. Consignation
c. Adjudication d. Tender of Payment.

29. Which of the following statements is correct? D

a. The existence of negligence is not dependent upon the particular circumstances of
each case.
b. An obligation is a judicial necessity to give, to do or not to do.
c. If the contract does state the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required.
d. The term obligation is derived from the Latin word obligation which means
binding.

30. All of the following statements are true except: D

a. Obligations which give to the creditor a right under the law to enforce their
performance in courts of justice are known as civil obligation.
b. In the performance of every kind of obligation, the obligor is also liable for
damages resulting from his negligence.
c. Obligations which, not being based on positive law but on equity and natural law,
do not grant a right of action to enforce their performance are known as natural
obligation.

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 d. When both parties to a contract are negligent in the performance of their
respective obligations, the fault of one may not cancel the negligence of the other.

31. All of the following are essential requisites of an obligation except: C

a. The conduct required to be observed by the debtor.
b. The person bound to the fulfillment of the obligation.
c. The person who is not entitled to demand the prestation.
d. Efficient cause which connects the parties.

32. Which of the following is a source of obligation? B

a. Natural Law
b. Stipulation of the parties
c. Acts or omissions
d. Prescribed crime

33. One the fulfillment of which will give rise to a right. A

a. Condition antecedent.
b. Condition subsequent.
c. Ex die.
d. In diem.

34. All of the following are sources of obligation except: A

a. Prescribed claim
b. Solutio indebiti
c. Negotiorum Gestio
d. Torts

35. All of the following statements are true except: C

a. Obligations arising from contracts have the force of law between the contracting
parties.
b. Obligations derived from law are not presumed.
c. Obligations arising from contracts should not be complied with in good faith by
the parties.
d. Obligations arising from contracts have the same binding effect of obligations
imposed by law.

36. All of the following are real rights except: D

a. Ownership over a specific personal property.
b. Possession over a specific real property.
c. Mortgage on land.
d. To right to demand the delivery of specific real property.

37. In a specific real obligation, the creditor may exercise the following remedies or
rights in case the debtor fails to comply with his obligation except: A
a. Ask that the obligation be complied with at the expense of the debtor.
b. Demand specific performance with a right to indemnity for damages.
c. Demand rescission of the obligation with a right to recover damages.
d. Demand payment of damages only, where it is the only feasible remedy.

38. If the debtor fails to comply with his obligation to do, the creditor has the following
right except: C
a. To have the obligation performed by himself at the debtor’s expense.
b. To have the obligation performed by another, unless personal considerations are
involved, at the debtor’s expense.
c. To have the obligation performed by the debtor.
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 d. To recover damages.

39. All of the following must be present before mora solvendi can exist except: B
a. Demand made by the creditor upon the debtor to comply with his obligation.
b. Failure of the debtor to perform his obligation before the date agreed upon.
c. Failure of the debtor to perform his obligation on the date agreed upon.
d. Failure of the debtor to comply with such demand.

40. No person shall be responsible for those events which could not be foreseen, or
which though foreseen, were inevitable except: C
a. In cases impliedly specified by law.
b. When not otherwise declared by stipulation.
c. When the nature of the obligation requires the assumption of risk.
d. In cases not stipulated by the parties.

41. All of the following obligations are demandable at once except: A

a. D binds himself to pay A P1,000.00 if A will pass the bar exam.
b. D binds himself to pay A P1,000.00 upon demand of D.
c. D binds himself to give A P1,000.00 a year until A dies.
d. D binds himself to give A P1,000.00 a day until December 31, 2019.

42. Which of the following obligations is subject to a supensive condition? A

a. A binds himself to pay B P1,000.00 if A will pass the bar.
b. A binds himself to pay B P1,000.00 upon demand of A.
c. A binds himself to give B P1,000.00 a year until A dies.
d. A binds himself to give B P1,000.00 a day until December 31, 2019.

43. Which of the following obligations is subject to a resolutory period? C

a. C binds himself to pay E P1,000.00 if A will pass the bar.
b. C binds himself to pay E P1,000.00 upon demand of C.
c. C binds himself to give E P1,000.00 a year until A dies.
d. C binds himself to give E P1,000.00 on or before December 31, 2019.

44. Which of the following obligations is subject to a supensive period? D

a. F binds himself to pay X P1,000.00 if A will pass the bar.
b. F binds himself to pay X P1,000.00 upon demand of F.
c. F binds himself to give X P1,000.00 a year until A dies.
d. F binds himself to give X P1,000.00 on or before December 31, 2019.

45. Which of the following obligations is subject to a resolutory condition? B

a. G binds himself to give Y P1,000.00 as soon as G’s means permit him to do so.
b. G binds himself to give Y P1,000.00 a month until Y passes the bar exam.
c. G binds himself to give Y P1,000.00 a year until Y dies.
d. G binds himself to give Y P1,000.00 on December 31, 2019.

46. Which of the following obligations is subject to a period? A

a. G binds himself to give Y P1,000.00 as soon as G’s means permit him to do so.
b. G binds himself to give Y P1,000.00 a month until Y passes the bar exam.
c. G binds himself to give Y P1,000.00 if Y will not marry C on December 31, 2019.
d. G binds himself to give Y P1,000.00 if Y will win in lotto.

47. Which of the following obligations is subject to potestative condition? C

a. G binds himself to give Y P1,000.00 as soon as G’s means permit him to do so.
b. G binds himself to give Y P1,000.00 a month until Y passes the bar exam.
c. G binds himself to give Y P1,000.00 if G will not marry C on December 31, 2019.
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 d. G binds himself to give Y P1,000.00 if Y will win in lotto.

48. Which of the following obligations where the court may fixed the periof for the
parties? A
a. G binds himself to give Y P1,000.00 as soon as G’s means permit him to do so.
b. G binds himself to give Y P1,000.00 a month until Y passes the bar exam.
c. G binds himself to give Y P1,000.00 if G will not marry C on December 31, 2019.
d. G binds himself to give Y P1,000.00 if Y will win in lotto.

49. The obligation terminates upon arrival of a future and certain event. D
a. Condition antecedent.
b. Condition subsequent.
c. Ex die.
d. In diem.

50. The obligation begins upon arrival of a future and certain event. C
a. Condition antecedent.
b. Condition subsequent.
c. Ex die.
d. In diem.

51. The obligation terminates upon fulfillment of a future and uncertain event. B
a. Condition antecedent. c. Ex die
b. Condition subsequent. d. In diem

52. All of the following obligations are void except: A

a. I will pay you at any time I have money.
b. I will pay you if I want.
c. I will pay you after I received a loan from bank.
d. I will pay you after 1 recover what X owes.

53. All of the following obligations are valid except: C

a. I will pay you little by little.
b. I will pay you as soon as possible.
c. I will pay you after I harvested fish.
d. I will pay you from time to time.

54. All of the following are requisites of constructive fulfillment of suspensive condition
except: C
a. The condition is supensive.
b. The obligor actually prevents the fulfillment of the condition.
c. The debtor acts with malice or fraud.
d. The passive subject acts voluntarily.

55. All of the following statements are true except: D

a. The effects of a conditional obligation to give, once the condition has been
fulfilled, shall retroact to the day of the constitution of the obligation.
b. In reciprocal obligation, the fruits and interest during the pendency of the
condition shall be deemed to have been mutually compensated.
c. In unilateral obligation the debtor shall appropriate the fruits and interest
recieved.
d. In obligation to do, the parties shall determine the retroactive effect of the
condition that has been complied with.

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 56. In a real obligation subject to suspensive condition the following rules shall be
observed in case of loss, deterioration or improvement of the thing during the
pendency of the condition except: A
a. If the generic thing is lost without the debtor’s fault, the obligation shall be
extinguished.
b. When the thing deteriorates without debtor’s fault, the impairment is to be borne
by the creditor.
c. If the thing is improved by time, the improvement shall inure to the benefit of the
creditor.
d. If the thing is lost through debtor’s fault, he shall be obliged to pay damages.

57. The following are characteristics of joint obligation except: C

a. There are as many debts as there are debtors.
b. There are as many credits as there are creditors.
c. The debts and/or credits are not considered distinct and separate from one
another.
d. The creditor is entitled only to a proportionate part of the credit.

58. All of the following are words used for joint obligations except: D
a. Pro rata.
b. Mancomunada.
c. Proportionately
d. Jointly and/or severally.

59. All of the following are words used for solidary obligations except: A
a. “We promise to pay” signed by two persons.
b. “I promise to pay” signed by more than one person.
c. Individually and/or collectively.
d. Jointly and/or severally.

60. All of the following statements are true except: C

a. A solidary creditor cannot assign his rights without the consent of the others.
b. 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.
c. The debtor may pay any one of the solidary creditors; but if any demand has been
made by one of them, payment may not be made to him.
d. The indivisibility of an obligation does not necessarily give rise to solidarity.

Test II

“A, B and C bind themselves to give Y a specific car.”

1. Without changing the active subject, passive subject and prestation, improve, alter, or
add phrase/s or sentence/s to, the statement above to construct a new statement which
will make the obligation of A, B and C:
a. Joint subject to potestative period. (2 points)

Suggested Answer:
“A, B and C binds themselves to give Y a specific car as soon as possible.”

b. Solidary subject to a suspensive condition. (2 points)

Suggested Answer:
“A, B and C binds themselves to give Y a specific car if Y passes the bar exam.”

c. Joint indivisible obligation subject to a potestative condition. (2 points)

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 Suggested Answer:
“A, B and C binds themselves to give Y a specific car if they wanted to.”

2. Improve, alter, or add phrase/s or sentence/s to, the statement above to construct a
new statement which shows that the obligation of A, B and C is extinguished by:
a. Payment; (2 points)
Suggested Answer:
“A, B and C binds themselves to give Y a specific car. A, B and C delivered the
specific car to Y.”

b. Novation; (2 points)
Suggested Answer:
“A, B and C binds themselves to give Y a specific car this coming December 31,
2020. Before the delivery date, A, B and C told Y that X, a third person, will be the
new debtor to which Y agreed. They further agreed that A, B and C will be
discharged from their obligation to Y.”

c. Remission; (2 points)
Suggested Answer:
“A, B and C binds themselves to give Y a specific car this coming December 31,
2020. Before the delivery date, Y told A, B and C that they need not deliver the car
to him.”

d. Merger; (2 points)
“A, B and C bind themselves solidarily to give Y a specific car on Y’s birthday. Y
assigned his rights over the said specific car to M who in turn assigned it to A as
payment for his debt to A.”
e. Compensation. (2 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. Y is
indebted to A, B and C P100,000. The parties agreed that their respective
obligations will be compensated.”

Test III- Essay

Explain or state briefly the rule or reason for your answer. A yes or no answer without any
rule or reason has no point.

1. X borrowed P10,000.00 from Y payable on or before December 31,2019.

a. Can Y insist that X pay not later than December 31, 2019? Why? (3 points)

Suggested Answer:
No, Y cannot insist that X must pay not later than December 31, 2019
because the loan of X to Y is subject to a period the term of which is expressly
intended by the parties for the benefit of the debtor alone. Under the law, if the
term is expressly agreed for the benefit of the debtor, he cannot be compelled to
pay prematurely, but he can, if he desires to do so. In this case, the loan is not
interest bearing since there is no stipulation as to interest and the parties
expressly agreed that it is payable on or before December 31, 2019 giving the
debtor the option either to pay it before or on the agreed period.

b. Can X compel Y to receive payment before December 31,2019? Why? (3 points)

Suggested Answer:
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 Yes, X can compel Y to receive payment before December 31, 2019
because the loan of X to Y is subject to a period the term of which is expressly
intended by the parties for the benefit of the debtor alone. Under the law, if the
term is expressly agreed for the benefit of the debtor, he cannot be compelled to
pay prematurely, but he can, if he desires to do so. In this case, the loan is not
interest bearing since there is no stipulation as to interest and the parties
expressly agreed that it is payable on or before December 31, 2019 giving the
debtor the option either to pay it before or on the agreed period. Thus, X may
compel Y to received payment on or before December 31, 2019.

2. C obliged himself to give M P20,000.00 or his one and only bike or his favorite pit
bull dog. Before C could choose among the prestations, the bike and pit bull dog were
lost through a fortuitous event. Later, before delivery, the cash was also lost through
a fortuitous event.
a. Was the obligation of C extinguished due to the loss of the last practicable
prestation? Why? (3 points)

Suggested Answer:
No, because the last practicable prestation is cash which is a generic
thing. Under the law, generic thing never perishes. This is so because this kind
of thing can be replaced anytime. Here, the loss of the P20,000 cash, which was
the last practicable prestation, due to a fortuitous event will not be ground for the
extinguishment of the obligation of C since it can be replaced anytime.

b. Same facts above except P20,000 cash is not among the alternative prestations,
was the obligation of C extinguished due to the loss of all the prestations?
Why? (3 points)

Suggested Answer:
Yes, the obligation of C is extinguished due to loss of all the practicable
prestation. Under the law, the obligation shall be extinguished if all the items
which are alternatively the object of the obligation are lost through a fortuitous
event. Here, all the prestations, which includes the delivery of specific thing, i.e.,
delivery of the bike or bull dog, were all lost through fortuitous event. Thus, C’s
obligation is extinguished.

3. On January 1, 2019 A borrowed P1,200,000 from M, N and O payable on December

31, 2019 with an interest of 12% per annum and with G as the guarantor. A issued
three (3) check payable to cash amounting to P448,000 each dated December 31,
2019 in favor of M, N and O, respectively.

On January 10, 2019, M indorsed the check, he received from A, to G. On December

31, 2019 G cashed the said check to Y Bank but the check was returned due to
insufficiency of funds. G then handed the said check to A and demanded payment
from A the amount of the check. A refused to pay G contending that he (A) did not
owe G any amount. G insisted that he (G) was subrogated of the rights of M when M
indorsed the check to him (G).

On March 6, 2019, N indorsed the check, he received from A, to X and X in turn

indorsed said check to A.

On December 31, 2019, O indorsed the check, he received from A, to R as payment

for his loan. R refused to receive the check on the ground that the same is not a legal
tender. O, insisting that the check can be considered good as cash because it is
already due, compel R to receive his tender of payment. Due to R’s consistent refusal
to receive the check, O deposit the check to his friend Judge X. Judge X received the
check and declared that the consignation made by O was valid.

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a. Was there subrogation of rights of M to G when M indorsed the said check to G?
(3 points)

Suggested Answer:
No, there was no subrogation of rights when M indorsed the check, he
received from A, to M. Under Article 1301 of the Civil Code, conventional
subrogation of a third person requires the consent of the original parties and of
the third person. Legal subrogation is presumed under Article 1302 of the Civil
Code when a creditor pays another creditor who is preferred, or when a third
person pays with the express approval of the debtor, or when a person
interested in the fulfillment of the obligation pays. Here, there is neither
conventional subrogation since the assignment of right is without the consent of
the debtor nor legal subrogation because this case is not one of the instances
mentioned in Article 1302.

b. Was the obligation of A to N extinguished on March 6, 2020? Why? (3 points)

Suggested Answer:
Yes, A’s obligation to N was extinguished by merger. Under Article
1275 of the Civil Code, the obligation is extinguished from the time the
characters of the creditor and the debtor are merged in the same person. Here,
the characters of the creditor and debtor are merged in the person of A when he
received the check he issued to N.

c. Was there a valid tender of payment by O? (3 points)

Suggested Answer:
There was no valid tender of payment by O. Under the law, legal
tender is that currency which if offered by the debtor in the right amount, the
creditor must accept in payment of a debt in money. Jurisprudence established
that checks are not legal tender and, therefore, the creditor cannot be compelled
to accept them. Here, O indorsed the check, he received from A, to R as payment
of his (O) debt. Thus, the tender of payment made by O was invalid because
check is not a legal tender.

d. Was Judge X correct in declaring that the consignation was validly made by O?
(3 points)

Suggested Answer:
Judge X was wrong in declaring that the consignation was validly
made by O. Under Article 1256 of the New Civil Code, if the creditor to whom
tender of payment has been made refused without just cause to accept it, the
debtor shall be released from responsibility by the consignation of the thing or
sum due. Here, the consignation is invalid because the creditor R to whom tender
of payment has been made refused with just cause to accept the offer of
payment, through check, made by O. Check is not a legal tender and the R
cannot be compelled to receive such payment. Thus, the tender of payment being
invalid, it goes without saying that the consignation by O is also invalid.

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