1.

In an obligation to give a determinate thing which is subject to a suspensive condition, the creditor
has a right to the fruits of the thing upon the perfection of the obligation.
FALSE
2. A person criminally liable is also civilly liable.
TRUE
3. Obligation arising from contracts have the force of law between the contracting parties.
TRUE
4. A natural obligation cannot be enforced in a court of justice.
TRUE
5. A person obliged to give something is also obliged to take care of it with the diligence of a father of a
good family, unless the law or stipulation of the parties requires a greater degree of care.
FALSE
6. If the debtor fails to perform an obligation to do, the creditor may compel the debtor to comply
with the obligation
FALSE

m
7. If an obligation to do has been poorly done, the creditor may have the same be undone at the

er as
expense of the debtor.

co
eH w
TRUE
8. As a general rule, the debtor incurs in delay if he does not perform his obligation on the date it is

o.
due.
FALSE rs e
ou urc
9. If the obligation consist in the delivery of a determinate thing, the debtor who incurs in delay shall
not be responsible for the loss due to fortuitous event.
FALSE
o

10. A waiver of an action for future fraud is valid.

aC s

FALSE
vi y re

11. In an obligation to give an indeterminate thing, the loss or destruction of anything of the same kind
will extinguish the obligation if the cause of the loss is a fortuitous event.
FALSE
ed d

12. Acts of men such as armed robbery or piracy are considered fortuitous events if they occur
ar stu

independently of the debtors will.

TRUE
13. As a general rule, rights acquired in virtue of an obligation are not transmissible.
FALSE
is

14. An obligation subject to a resolutory condition is demandable at once.

Th

TRUE
15. An obligation which is subject to a suspensive condition that is potestative on the part of the debtor
at the same time, valid.
sh

FALSE
16. An obligation where the debtor binds himself to pay when his means permit him to do so is a
conditional obligation.
FALSE
17. An obligation which is demandable upon the death of a person is an obligation with a period.
TRUE

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 18. The condition not to do an impossible thing shall be considered as not having been agreed upon. In
such a case, the obligation is immediately demandable.
TRUE
19. The condition that some event happen at a determinate time shall extinguish the obligation to give,
once the condition has been fulfilled shall retroact to the day of the constitution of the obligation.
TRUE
20. The condition shall be deemed fulfilled if the debtor voluntarily prevents its fulfillment.
TRUE
21. 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.
TRUE
22. A thing, although it still physically exists, may be considered lost if it goes out of commerce.
TRUE
23. In an obligation to give determinate thing which is subject to a suspensive condition, the
deterioration of the thing without the debtor’s fault shall render the debtor liable for damages.

m
FALSE

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24. A condition may refer to a past event unknown to the parties.

co
eH w
TRUE
25. If the thing is improved at the expense of the debtor before the fulfillment of a suspensive condition,

o.
the debtor may demand reimbursement of such expense from the creditor.
FALSE rs e
ou urc
26. Whenever a period is designated in an obligation, it shall be presumed to have been established for
the benefit of the debtor.
FALSE
o

27. The debtor does not lose the right to make use of the period if the security that he has given is lost
aC s

due to a fortuitous event.

vi y re

FALSE
28. The period is an obligation always refers to the future.
TRUE
ed d

29. In alternative obligations, the right of choice belongs to the creditor unless it has been expressly
ar stu

granted to the debtor.

FALSE
30. In alternative obligations, the creditor may be compelled to receive part of one and part of another
undertaking.
is

FALSE
Th

31. In a facultative obligation, the loss of the substitute through a fortuitous event before the
substitution has been made by the debtor shall have no effect on the debtor’s obligation to deliver
the principal thing.
sh

TRUE
32. When there are two or more debtors and/or two or more creditors in one and the same obligation,
the obligation is presumed to be a solidary obligation.
FALSE

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 33. Solidary may exist although the creditors and debtors may not be bound in the same manner and by
the same periods and conditions
TRUE
34. Where an instrument containing the words “I promise to pay”, I s signed by two or more person,
they are deemed to be jointly and several liable.
TRUE
35. In a joint indivisible obligation, a demand made by one of the joint creditors against all the joint
debtors is a valid demand.
FALSE
36. A solidary debtor who obtains remission of the whole obligation is entitle to reimbursement from his
co-debtors.
FALSE
37. A solidary creditor may assign his rights in the obligation without the consent of the other creditors.
FALSE
38. If an insolvent solidary debtor cannot reimburse his share to the debtor paying the obligation, such

m
share shall be borne by all his co-debtors in proportion to the debt of each.

er as
TRUE

co
eH w
39. A joint creditor in a joint indivisible obligation may validly renounce or condone the whole
obligation.

o.
FALSE
rs e
40. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the
ou urc
payment of interests, if there is no stipulation to the contrary.
TRUE
41. The nullity of the penal clause in an obligation carries with the nullity of the principal obligation.
o

FALSE
aC s

42. As a rule, the creditor may demand fulfillment of the obligation and the penalty at the same time.
vi y re

FALSE
43. Payment means not only the delivery of money but also to the performance of obligation in any
other manner.
ed d

TRUE
ar stu

44. A third person who has an interest in the fulfillment of the obligation, such as a guarantor, may
compel the creditor to accept payment.
TRUE
45. Payment made in good faith by the debtor to a person in possession of the credit releases him from
is

liability.
Th

TRUE
46. Payment made for an obligation which is interest-bearing must first be applied to the principal
before the interest.
sh

FALSE
47. Payment to an incapacitated creditor shall be valid if he has kept the payment.
TRUE
48. The debtor of a thing may compel the creditor to accept a different one if the latter is more valuable
than that which is due.
FALSE

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 49. If an obligation is physically divisible, the debtor may compel the creditor to accept partial payments.
FALSE
50. When the debt is in part liquidated and part unliquidated, the creditor may demand and the debtor
may affect the payment of the former without waiting for the liquidation of the latter.
TRUE
51. The debtor may compel the creditor to accept a certified check as payment since the bank
guarantees the check to be covered with sufficient funds.
FALSE
52. Payment by a third person who does not intend to be reimbursed by the debtor shall be deemed to
be a donation which requires the consent of the debtor However, even if the debtor does not give
his consent, payment shall nevertheless be valid with respect to the creditor.
TRUE
53. Payment may be applied to a debt not yet due if the term was constituted in favor of the party
making the application.

m
TRUE

er as
54. For dacion en pago to apply, the debtor must be insolvent.

co
eH w
FALSE
55. In payment of cession, the creditors become the owners of the properties abandoned by the debtor

o.
for the payment of his debt.
FALSE rs e
ou urc
56. Whenever the thing is lost while in the possession of the debtor, it shall be presumed to have been
lost through his fault.
TRUE
o

57. The debtor shall be released totally from his debts when he assigns hos properties to his creditors.
aC s

FALSE
vi y re

58. Consignation without tender of payment is sufficient if two or more person claim the same right to
collect.
TRUE
ed d

59. Before the court has declared that the consignation has been properly made or the creditor has
ar stu

accepted the consignation, the debtor may withdraw the sum or thing deposited in the court as a
matter of right.
TRUE
60. When the debt of a thing certain proceeds from a criminal offense, the debtor shall be exempted
is

from the payment of the price if the thing is lost through a fortuitous event.
Th

FALSE
61. In obligations to do, the debtor’s obligation is extinguishment if the prestation becomes physically
impossible due to his fault.
sh

FALSE
62. The condonation or remission of an obligation must be accepted in order for it to be extinguished
TRUE
63. Merger which takes place in the person of the principal debtor or creditor extinguishes the
obligation of guaranty.
TRUE

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 64. 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 are already
due.
FALSE
65. The condonation of a debt in money exceeding P5, 000.00 to be valid requires that the condonation
and the acceptance must be in public instrument.
FALSE
66. The remission if the principal obligation carries with it the remission of the accessory obligation.
TRUE
67. Confusion which takes place in the person of the guarantor extinguishes the principal obligation.
FALSE
68. The parties may agree upon the compensation of debts that are not yet due.
TRUE
69. Legal compensation takes place by operation of law even if the debts are payable at different places.
TRUE

m
70. Compensation cannot be set up against a creditor who has a claim for support by gratuitous title.

er as
TRUE

co
eH w
71. Novation may take place by changing the object or principal conditions of the obligation.
TRUE

o.
72. If the old obligation is void, the novation will still be valid if the new obligation is valid.
FALSE rs e
ou urc
73. 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.
TRUE
o

74. Conventional subrogation requires the consent of the original parties and the third person.
aC s

TRUE
vi y re

75. When the principal obligation is extinguished as a consequence of novation, accessory obligations
are extinguished except if they may benefit third persons who did not give their consent.
TRUE
ed d
ar stu
is
Th
sh

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