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1. It is a juridical relation whereby a person may demand from another the 7.

7. It is the one in whom it is incumbent to fulfill the prestation.


observance of a determinative conduct, and in case of breach, may demand a. Active subject
satisfaction from the assets of the latter. b. Passive subject
a. Natural obligations c. Obligee
b. Moral obligations d. Creditor
c. Civil obligations
d. Contracts 8. Which of the following is an active aspect of an obligation?
a. Right
2. Which of the following can never be enforced in court? b. Prestation
a. Obligation based on positive law c. Debt
b. Obligation based on conscience d. Juridical tie
c. Obligation based on voluntariness
d. Obligation based on contracts 9. The object of an obligation must NOT be:
a. Licit
3. Which is not an element of an obligation? b. Possible
a. Vinculum juris c. Indeterminate
b. Obligee d. Determinable
c. Prestation
d. Contract 10. Which is generally not required to make an obligation binding?
a. Form
4. It is an efficient cause by which the debtor is bound to perform a prestation. b. Legality
a. Vinculum juris c. Possibility
b. Obligee d. Determinability
c. Prestation
d. Contract 11. Which is not always required to make an obligation binding?
a. Possibility
5. Which is not a way by which juridical tie is established? b. Determinability
a. Statute c. Pecuniary value
b. Bilateral acts d. Juridical relation
c. Unilateral acts
d. Acts of god 12. Which conduct is not expected of the obligor?
a. Giving
6. It is he who in whose favor the obligation is constituted, established or created. b. Doing
a. Active subject c. Not doing
b. Passive subject d. Not giving
c. Obligor
d. Debtor
13. Which of the following is an obligation not to do? 19. Which of the following is a real obligation?
a. Obligation of seller in a contract of sale a. To do
b. Obligation of landowner in easement of way b. To give
c. Obligation of painter in a contract of service c. Not to do
d. Obligation of depositary in a contract of deposit
20. “I promise to give you one of my cars.” What kind of object is this?
14. The law on nuisance creates an obligation… a. Generic
a. To do b. Specific
b. Not to do c. Determinate
c. To give d. Limited generic
d. Not to give
21. Which of the following is an obligation established by agreement of the
15. Which characteristic of a valid prestation is also called “criteria”? parties?
a. Form a. Unilateral obligation
b. Legality b. Bilateral obligation
c. Possibility c. Conventional
d. Determinability d. Statutory

16. Creditor can retain thing delivered voluntarily by the debtor even though, 22. Which of the following is a divisible obligation?
under the law, the obligation cannot be enforced. a. To deliver a car
a. Civil obligation b. To not kill any one
b. Moral obligation c. To pay one million pesos
c. Natural obligation d. To not compete with employer after retirement
d. Legal obligation
23. “I will pay you 1 million for the car I bought from you.”
17. Which of the following does not arise from natural law? a. Pure obligation
a. Civil obligation b. Conditional obligation
b. Moral obligation c. Joint obligation
c. Natural obligation d. Solidary obligation
d. Conscientious obligation
24. This obligation is characterized by being immediately due and by lack of
18. Which of the following is a negative obligation? burden of time or condition.
a. Obligation of seller in a contract of sale a. Pure obligation
b. Obligation of landowner in easement of way b. Conditional obligation
c. Obligation of painter in a contract of service c. Joint obligation
d. Obligation of depositary in a contract of deposit d. Solidary obligation
25. A debtor is liable for the whole obligation although he has other co-debtors. 31. What do you call the time when an obligation is created?
a. Pure obligation a. Perfection
b. Conditional obligation b. Extinguishment
c. Joint obligation c. Fulfillment
d. Solidary obligation d. Meeting of the minds

32. Which of the following does not the immediate demandability of an


26. Who is entitled to reimbursement for other co-parties’ share in the contract? obligation?
a. Solidary co-debtor a. Want of period or term
b. Solidary co-creditor b. Suspensive condition
c. Joint co-debtor c. Period
d. Joint co-creditor d. Term

27. This obligation gives the obligor an option to perform only one of several 33. Which does not characterize an obligation ex lege?
prestations. a. It does not need the consent of the obligor.
a. Simple obligation b. “Lege” itself should be the creator of the obligation.
b. Alternative obligation c. Compensation is generally an option to extinguish the obligation.
c. Facultative obligation d. It must be expressly set forth in the law creating it and not merely presumed.
d. Obligation with a penalty
34. This obligation is perfected from the time the minds of the parties meet.
28. The general rule here is that interest stipulated in the agreement is generally a. Obligation ex lege
substitute for fine. If parties agree, interest stipulated and fine should be paid. b. Obligation ex contractu
a. Simple obligation c. Obligation ex malificio
b. Alternative obligation d. Obligation ex quasi-delicto
c. Facultative obligation
d. Obligation with a penalty 35. What governs obligations created by law?
a. The Civil Code only
29. Husband has an obligation to support his wife and children. b. The law creating them only
a. Obligation ex lege c. The Civil Code in a suppletory character
b. Obligation ex contractu d. The law creating them in a suppletory character
c. Obligation ex malificio
d. Obligation ex quasi-delicto 36. What does compliance in good faith mean?
a. Contract is law between the contracting parties.
30. Which shows a combination of legal and contractual obligations? b. Parties must abide by the terms and conditions of the contract.
a. Husband and wife c. Compliance with a contract cannot be made dependent on the will of only one of the
b. Bus driver and bus company parties.
c. Murderer and victim d. A party cannot cancel or annul the contract without the consent of the other party or
d. Mother and son the order of the court.
37. A party cannot evade obligations under the contract. Which is NOT true? e. Quasi-delicts
a. Evasion is allowed if provided in the contract.
b. Evasion is allowed is agreed by the parties. 43. What is another term for negotiorum gestio?
c. Evasion is never allowed. a. Mistake in payment
d. Evasion is illegal. b. Inofficious manager
c. Unjust enrichment
38. To which limitation to the freedom to contract does “protection of women” d. Negotiable gesture
belong?
a. Law 44. What is another term for solutio indebiti?
b. Morals a. Unauthorized management
c. Good customs b. Inofficious manager
d. Public order c. Unjust enrichment
e. Public policy d. Solution to the debt

39. TRUE OR FALSE: When penalty in case of breach of obligation is 45. Jane told John, “If you do something great to me, I will have sex with you.”
unconscionably high, the court can only convince the parties to reduce it. John who has been waiting for 10 years to have Jane in bed, saw a chance when
he passed by Jane’s house one night and he saw that watering is coming out of the
40. X and Y entered into an agreement whereby X would pay Y 2000 pesos per front door. It would seem that Jane went out to the movies but forgot to shut the
month so that Y would take all necessary care of X’s house while he’s on vacation faucet in her bathtub. John broke the door and turned off the faucet.
in the US. One night, the house of Y caught fire and X saved Y’s car, refrigerator,
TV, etc. What is the source of X’s obligation to Y? a. TRUE OR FALSE: John can demand payment from Jane for negotiorum gestio.
a. Law
b. Contracts b. TRUE OR FALSE: John can demand to have sex with Jane for what he has done. 
c. Quasi-contracts
d. Delicts
e. Quasi-delicts 46. Which of the following does not characterize negotiorum gestio?
a. The gestor undertook a risky operation which the owner was not accustomed to
41. What are characteristics common to mistake in payment and unauthorized embark upon.
management? b. He did not prefer his own interest to that of the owner.
a. Lawful, voluntary and unilateral c. He did not fail to return the property after demand from the owner.
b. Unlawful, involuntary and multilateral d. He did not assume the management in bad faith.
c. Lawful, voluntary and bilateral
d. Unlawful, involuntary and unilateral 47. Which is not an obligation of a gestor in negotiorum gestio?
a. To render an account of costs and expenses
42. What source of obligation is presumptive consent present in? b. To return the property to the owner upon demand
a. Law c. To pay any load he incurred not in the interest of management
b. Contracts d. To pay owner for damages necessarily incurred in the management
c. Quasi-contracts
d. Delicts
48. TRUE OR FALSE: Every person criminally liable is civilly liable. 55. Which of the following does not the creditor to payment of damages?
a. Fraud
49. Which of the following is not an element of an obligation quasi-delict? b. Delay
a. Act or omission c. Negligence
b. Fault or negligence d. Mutual agreement to contravene tenor
c. Damage or injury
d. Cause and effect relationship between fault and damage 56. If the obligation is specific and there is noncompliance, which is not a remedy?
e. Pre-existing contractual relation between the parties a. Specific performance
b. Collection of damages
50. A person civilly liable is not liable for: c. Cancellation of the contract
a. Restitution d. Performance of the obligation by another at the debtor’s expense
b. Imprisonment
c. Reparation for damages cause 57. When does real right of the creditor over the fruits commence?
d. Indemnity for consequential damages a. After delivery
b. Before delivery
51. TRUE OR FALSE: There is natural obligation when… c. From the time the obligation to deliver arises
a. A civil obligation is performed after it prescribes. d. Before the time the obligation to deliver arises
b. A third person pays a debt that has already prescribed.
c. A contractual obligation is performed after judicial annulment thereof. 58. What characterizes a personal right?
d. A minor performs his obligation in the contract. a. Enforceable against the whole world
e. A party performs his obligation after the creditor fails to enforce the obligation in b. Enforceable against a definite person
court. c. Has no definite passive subject
f. An heir pays debt exceeding the value of the property inherited. d. Right over a thing
g. A legatee is paid his share in the inheritance although the court has declared it void.
59. Specific performance as a remedy will compel the obligor to perform his
52. Which of the following is not true about natural obligations? obligation. This is not available when:
a. They are based on equity and natural law. a. Such performance will result in economic loss on the part of the debtor.
b. The debtor cannot perform this obligation. b. Such performance will result in inconvenience on the part of the debtor.
c. The creditor cannot enforce this obligation. c. Such performance will result in unconscionable advantage to the debtor.
d. They are not based on law, contracts, quasi-contracts, delicts and quasi-delicts. d. Such performance will result in harsh, inequitable and oppressive consequences to
the debtor.
53. TRUE OR FALSE: A natural obligation is converted into a civil one by
novation. 60. Specific performance plus damages as a remedy is not available if:
a. Purely personal obligations to do
54. TRUE OR FALSE: A natural obligation cannot be converted into a civil one b. Purely personal obligations not to do
by securing it with real or personal security.
61. Which of the following is not a voluntary breach? 68. There is no need of demand in case:
a. Mora a. The obligation is reciprocal in nature.
b. Dolo b. There is express waiver of demand.
c. Culpa c. There is a case filed in court.
d. Caso fortuito
69. Which is default on the part of the creditor?
62. Who is a good father of a family? a. Mora solvendi
a. He who is knows everything about the future. b. Mora accipiendi
b. He who takes precautions when circumstances suggest danger. c. Compensatio morae

63. Which of the following is not a consequence of breach? 70. TRUE OR FALSE: Mora solvendi does not apply to natural obligations.
a. The obligation is performed at the debtor’s expense.
b. The obligation is done with debtor’s imprisonment. 71. TRUE OR FALSE: Mora solvendi does not apply to negative obligations.
c. The obligation is done with payment of damages.
d. The obligation poorly done is undone. 72. TRUE OR FALSE: Mora solvendi does not make the debtor liable for
fortuitous events.
64. The remedy of having the obligation done by the debtor or by another at the
debtor’s expense can be availed of when: 73. TRUE OR FALSE: If the debtor can prove that loss would nevertheless
a. The obligation is impossible by nature. transpire even if he had not been in default, the court may equitably mitigate his
b. The obligation is barred by a sunset clause. liability.
c. The obligation is subsequently forbidden by law.
d. The obligation is prejudicial to the rights of a third person. 74. What is the remedy of the debtor in case of mora accipiendi?
a. Annul the contract
65. TRUE OR FALSE: In case the remedy mentioned in the next preceding b. Sue creditor for damages
number is not available, collection of damages is also not available. c. Consign the thing
d. Compel the creditor to accept
66. In reciprocal obligations, there is delay:
a. From the time the obligee judicially demands it. 75. Which is an effect of mora accipiendi?
b. From the time the obligee extrajudicially demands it. a. Debtor becomes liable for damages.
c. From the time the other party complies with his obligation. b. Creditor becomes liable for damages.
d. From the time the period stated in the obligation expires or lapses. c. Debtor becomes liable for loss of the thing due to fortuitous events.
d. Creditor becomes liable for loss of the thing due to fortuitous events.
67. What is an element of delay?
a. Obligation must not be due, demandable and liquidated. 76. In reciprocal obligations, PARTY A cannot compel immediate compliance
b. A judicial or extrajudicial demand has not been made by the creditor. from PARTY B if:
c. Compliance of the debtor of the creditor’s demand for him to perform. a. PARTY A is in delay.
d. Debtor does not perform his positive obligation on the date agreed upon. b. PARTY B is in delay.
c. PARTY A has already performed his obligation.
d. A different date for PARTY B’s performance is stipulated.
77. What is the effect of performance by parties of their reciprocal obligations? 84. Which breach can be converted into fraud?
a. Compensation a. Delay
b. Condonation b. Wanton delay
c. Novation c. Negligence
d. Payment d. Wanton negligence

78. Delay still has effect when: 85. TRUE OR FALSE: Negligence plus bad faith is considered delay.
a. The debt has not yet prescribed.
b. Creditor condones delay expressly. 86. What is the effect of contributory negligence on the part of the creditor?
c. Creditor condones delay impliedly. a. Cancellation of the contract
d. The debt’s due date has been moved. b. Mitigation of recoverable damages
c. More liability on the part of debtor
79. Which fraud is cause for annulment of the contract? d. Extinguishment of the obligation
a. Causal fraud
b. Incidental fraud 87. TRUE OR FALSE. If the negligent act or omission of the creditor is the
proximate cause which has lead to the damage or injury complained of, he cannot
80. What is an example of incidental fraud? recover.
a. Debtor delivers a thing of lower quality than that stipulated in the contract.
b. Debtor convinces creditor is engaged in a certain business but actually not. 88. Which of the following is NOT a requisite for the application of the rule on
fortuitous events?
81. Which is not allowed by law? a. The cause of the event is independent of the will of the debtor.
a. Waiver of past fraud b. The event is unforeseeable or unavoidable.
b. Waiver of future fraud c. The occurrence renders it absolutely impossible for the debtor to fulfill his
c. Waiver of past debt obligation in a normal manner.
d. Waiver of future debt d. Debtor has participated in the aggravation of the injury to the creditor.

82. Which is not a remedy in case of fraud? 89. TRUE OR FALSE:


a. Unilateral abandonment of the contract a. Contributory negligence on the part of the debtor in caso fortuito frees him from
b. Annulment of the contract liability.
c. Specific performance b. It is enough that the fortuitous event is merely contributory to the impossibility of
d. Damages the debtor’s performance of his obligation.
c. That something is difficult to foresee makes it a fortuitous event.
83. Which breach admits of mitigation of liability?
a. Diligence 90. Which of the following is a force majeure?
b. Negligence a. Earthquakes
c. Causal fraud b. Storms
d. Incidental fraud c. Floods
d. Wars
91. TRUE OR FALSE:
a. Both force majeure and acts of god are independent of the will of the obligor.
b. There is liability even in cases of acts of god if law provides.
c. There is liability for acts of god if the obligation requires assumption of risk.
d. There is liability for acts of god if parties stipulate.
e. The debtor is not liable for acts of god even if he’s guilty of malice or bad faith.
f. The obligor is not liable for acts of god even if he promises to deliver the thing to
two or more persons not having the same interest.
g. The debtor is not liable for acts of god even if he contributed to the loss.
h. The debtor remains liable for acts of god if he is guilty of fraud, delay, negligence or
contravention of tenor.
i. The debtor’s generic obligation is not extinguished by acts of god.

92. What action can a creditor bring to cancel all contracts entered into by the
debtor in fraud of the former?
a. Specific performance
b. Accion subrogatoria
c. Accion pauliana
d. Collection

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