Write the letter 1.

A juridical
of the correct necessity to give,
answer to do or not to do
a. Civil
1. A juridical obligation
necessity to give, b. Natural
to do or not to do obligation
a. Civil c. Moral
obligation obligation
b. Natural d. Social
obligation obligation
c. Moral 2. They give a
obligation right of action to
d. Social compel their
obligation performance
2. They give a Write the letter
right of action to
of the correct
compel their
performance answer
Write the letter 1. A juridical
of the correct necessity to give,
answer to do or not to do
a. Civil c. Moral
obligation obligation
b. Natural d. Social
obligation obligation
c. Moral 2. They give a
obligation right of action to
d. Social compel their
obligation performance
2. They give a Write the letter
right of action to of the correct
compel their answer
performance
Write the letter 1. A juridical
necessity to give,
of the correct
to do or not to do
answer a. Civil
1. A juridical obligation
necessity to give, b. Natural
to do or not to do obligation
a. Civil c. Moral
obligation obligation
b. Natural d. Social
obligation obligation
2. They give a Write the letter
right of action to of the correct
compel their answer
performance
Write the letter 1. A juridical
necessity to give,
of the correct
to do or not to do
answer a. Civil
1. A juridical obligation
necessity to give, b. Natural
to do or not to do obligation
a. Civil c. Moral
obligation obligation
b. Natural d. Social
obligation obligation
c. Moral 2. They give a
obligation right of action to
d. Social compel their
obligation performance
2. They give a Write the letter
right of action to of the correct
compel their answer
performance
1. A juridical a. Civil
necessity to give, obligation
to do or not to do b. Natural
a. Civil obligation
obligation c. Moral
b. Natural obligation
obligation d. Social
c. Moral obligation
obligation 2. They give a
d. Social right of action to
obligation compel their
2. They give a performance
right of action to Write the letter
compel their of the correct
performance answer
Write the letter
1. A juridical
of the correct
necessity to give,
answer to do or not to do
1. A juridical a. Civil
necessity to give, obligation
to do or not to do b. Natural
obligation
c. Moral
1. A juridical necessity to give, to do or not to
do
a. Civil obligation
obligation b. Natural obligation
c. Moral obligation

d. Social d. Social obligation

obligation 2. They give a right of action to compel their

performance

2. They give a
a. Civil obligation
b. Moral obligation
c. Natural obligation
right of action to d. Social obligation

compel their 3. The obligee has a right to enforce the

obligation against the obligor in a court of law

performance a. Civil obligation

b. Moral obligation

They give a right

c. Natural obligation
d. Social obligation

of action to 4. This is based on equity and justice

a. Civil obligation

compel their b. Moral obligation

c. Natural obligation

performance d. Social obligation

a. Civil 5. The following are the elements of an

obligation, except

obligation
a. Active and passive subjects
b. Efficient cause
c. Prescription

b. Moral d. Vinculum juris

obligation 6. A lawful act resulting to a benefit

a. Negotiorum gestio

c. Natural b. Solution indebiti

c. Quasi contract

obligation
d. Quasi delict

7. The right of the creditor that is enforceable

d. Social against a definite debtor is
a. Real right

obligation b. Natural right

c. Moral right

3. The obligee d. Personal right

has a righ 8. The person in whose favor the obligation is

constituted
OBLIGATIONS AND CONTRACTS
a. Obligor
b. Obligee d. Solution indebiti
c. Passive subject
d. Debtor 15. When something is received when there is
no right to demand it, and it was unduly
9. The person who has the duty of giving, doing delivered thru mistake, the recipient has the
or not doing duty to return it
a. Obligee a. Quasi contract
b. Obligor b. Quasi delict
c. Active subject c. Negotiorum gestio
d. Creditor d. Solution indebiti

10. The source of obligation which is a rule of 16. A quasi contract is an implied contract
conduct, just and obligatory, promulgated by A defendant who is acquitted in a criminal case
legitimate authorities for common good, is no longer liable civilly
benefit and observance a. True; true
a. Contracts b. True; false
b. Quasi contract c. False; true
c. Delicts d. False; false
d. Law
17. A fault or act or omission of care which
11. The duty to pay taxes and to support one’s causes damage to another, there being no pre-
family are obligations arising from existing contractual relations between the
a. Law parties
b. Contracts a. Quasi contract
c. Quasi- contracts b. Quasi delict
d. Delicts c. Negotiorum gestio
d. Solution indebiti
12. The obligation of husband and wife to
render mutual help and support arises from 18. What is the basis of the liability of a school
a. Contract when a student is stabbed inside the campus
b. Law by a stranger in the school?
c. Quasi contract a. Contracts
d. Quasi delict b. Quasi contracts
c. Delicts
13. A supports B, a minor, because B’s father d. Quasi delicts
refuses t support B. the father is obliged to
reimburse A. the source of obligation is 19. Damages awarded for mental and physical
a. Contract anguish
b. Quasi contract a. Moral
c. Delict b. Exemplary
d. Quasi delict c. Nominal
d. Temperate
14. When a person voluntarily takes charge of
another’s abandoned business or property 20. Damages awarded to vindicate a right
without the owner’s authority where a. Liquidated
reimbursement must be made for necessary b. Actual
and useful expenses c. Nominal
d. Exemplary
a. Quasi contract 21. Damages awarded to set an example
b. Quasi delict a. Exemplary
c. Negotiorum gestio b. Liquidated
c. Temperate
d. Moral
22. Damages predetermined beforehand
a. Temperate
b. Liquidated
c. Actual
d. Moral
23. The following except one, are included in
civil liability. The exception is
a. Restitution
b. Reparation
c. Indemnification
d. Starvation
24. Omission of the diligence which is required
by the circumstances of person, place and time
a. Ignorance
b. Negligence
c. Impotence
d. Insanity
25. A was employed as professional driver of B
transit Bus owned by C. In the course of his
work, A hit a concrete post causing serious
injury to passenger W and pedestrian Y. the
victims sued the driver and the
owner of the bus for damages. Which of the
following statements is correct?
a. C is not liable if C can prove that he exercised
the diligence of a good father of a family in the
selection and supervision of his employees
b. The conviction of A in a criminal case makes C
liable for damages arising from criminal act
c. The liability of C shall cease if the driver A is
acquitted in the criminal case
d. The guilt of driver A must be established
beyond reasonable doubt to make C liable
26. If a thing is capable of particular
designation
a. Generic
b. Specific
c. Indeterminate
d. Indeterminable
27. If a thing refers to a class, to a genus and
cannot be pointed out with particularity
a. Generic
b. Specific
c. Indeterminate
d. Indeterminable
28. I. When what is to be delivered is a
determinate thing, the creditor may compel
the debtor to make the
delivery and if the debtor refuses, the creditor
may ask that the obligation be complied with
at the expense of the debtor
II. The obligation to give a determinate thing
includes that of delivering all its accessions and
accessories,
even though they may not have been
mentioned
a. True, true
b. True, false
c. False, true
d. False, false
29. Ordinary diligence is
a. Diligence of a good father of a family
b. Extraordinary diligence
c. Diligence required by law
d. Diligence of a good father of a family
30. The creditor has a right to the fruits of the
thing
a. From the time the obligation to deliver it
arises
b. From the time the fruits have been delivered
c. From the time there is meeting of the minds
d. From the perfection of the contract
31. From the time the fruits have been
delivered, the creditor shall acquire
a. Real right
b. Personal right
c. Moral right
d. None of these
32. A wife was about to deliver a child. Her
parents brought her to the hospital. Who
should pay the expenses for medical
attendance?
I. The husband, because it is his duty to
support his wife and support includes medical
attention
II. The parents, because they were the persons
who brought the wife to the hospital
a. Both answers are correct
b. Both answers are not correct
c. Only the first is correct
d. Only the second is correct
33. Spontaneous products of the soil and the
offspring and other products of animals
a. Natural
b. Industrial
c. Civil
d. Penal
34. Products of the soil through cultivation or
intervention of human labor
a. Natural
b. Industrial
c. Civil
d. Penal
35. Fruits arising out of contracts
a. Natural
b. Industrial
c. Civil
d. Penal
36. I. If a person obliged to do something fails
to do it, the same shall be executed at his cost
II. Those who in the performance of their
obligations are guilty of fraud, negligence, or
delay and those
who in any manner contravene the tenor
thereof, are liable for damages
a. True, true
b. True, false
c. False, true
d. False, false
37. A is oblige to deliver his only car to B on
November 20, 2011. If A does not deliver, and
on November 22,
2011, a typhoon destroys the car, which is
correct?
a. A is not liable because the obligation is
extinguished
b. A is liable because he is in delay
c. A and B will divide the loss equally
d. A’ s obligation is converted into monetary
obligation
38. Debtor’s default in real obligation
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
39. Debtor’s default in personal obligation
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
40. Default on the part of the creditor
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
41. Default on the part of both parties
a. Mora accipiendi
b. Mora solvendi ex- re
c. Mora solvendi ex- persona
d. Compensation morae
42. There shall be no liability for loss due to
fortuitous events in which one of the following
cases. Which is it?
a. When the debtor delays
b. When the parties so stipulated that there
shall be liability even in case of loss due to
fortuitous
events
c. When the nature of the obligation requires
the assumption of risk
d. When the obligation is to deliver a
determinate thing and there was a stipulation
as to the liability
of the debtor in case of loss due to fortuitous
events
43. Demand must be made on the due date of
the obligation in order for delay to exist in one
of the following cases. Which is it?
a. When it was stipulated by the parties that
demand need not be made
b. When the law provides that demand need
not be made
c. When the obligation does not indicate
whether demand must e made or not on due
date
d. When the time is of the essence
44. Which of the following is not a proper
remedy for the creditor?
a. To compel the debtor to make the delivery, if
the obligation is to deliver a determinate thing
b. To ask that the obligation be complied with
at the expense of the debtor, if the obligation is
to deliver
a generic thing
c. To compel the debtor to perform the
obligation, if the obligation is an obligation to
do
d. To ask the debtor that what has been done
be undone, if the obligation is an obligation not
to do
45. When the following statements concerning
delay is incorrect?
a. There is no delay in obligations not to do
b. Delay, as a rule, exists, when the debtor does
not perform his obligation on the date that it is
due
c. Demand, as a rule, is required in order for
delay to exist
d. When time is of the essence, delay on the
part of the debtor exists despite the absence of
demands
46. S, a supplier of fresh fish from Lucena City
hired T, the owner of a trucking company, for a
fee of P3 000 to bring the fish of S to the
Dampa Market in Paranaque City which
ordered the fish for a price of P20 000. In so far
as S is concerned, his prestation in his contract
with T is
a. The sale of the fish
b. The transport of the fish
c. The payment of P3 000
d. The payment of P20 000
47. Refer to the preceding number. In the
contract between S and T
a. S is the obligor and T is the obligee
b. S is the obligee and T is the obligor
c. Both S and T are obligors and obligees of each
other
d. The Dampa market is the obligee of both S
and T
48. P took a public bus in going to his office.
Although P paid his fare, the bus did not issue
him a ticket. Along the way, the bus met an
accident causing a slight injury to P and other
passengers. If P is to recover damages from the
bus owner, the source of the bus owner’s
liability is
a. Contract
b. Quasi delict
c. Law
d. P cannot recover any amount because no
ticket was issued
49. D is obliged to give C P10 000 if X dies. This
is an example of
a. An obligation with a suspensive period
b. An obligation with a resolutory period
c. An obligation with a period
d. A pure obligation
50. When the debtor binds himself to pay
when his means permit him to do so, the
obligation is
A. An obligation with a resolutory period
B. A pure obligation
C. An obligation with a suspensive condition
D. An obligation with a suspensive period
51. Whenever a period is designated in an
obligation, the said period shall be presumed
to have been established for the benefit of
A. The debtor
B. The creditor
C. Both the debtor and the creditor
D. Neither of the parties
52. The debtor shall lose the right to make use
of the period in the following cases, except
when he
a. Becomes insolvent
b. Violates any undertaking in consideration of
which the creditor agreed to the period
c. Attempts to abscond
d. Does not furnish any guaranty or security to
the creditor
53. D is obliged to give C a specific car if C
passes the CPA Licensure Examination. D’s
obligation is an example of
a. A pure obligation
b. An obligation with a suspensive condition
c. An obligation with a resolutory condition
d. An obligation with a period
54. One of the following obligations is not b. Moral obligations
immediately demandable c. Civil obligations
a. Pure obligation d. Contracts
2. Which of the following can never be
b. Obligation with a resolutory period
enforced in court?
c. Obligation with an in diem period a. Obligation based on positive law
d. Obligation with an ex die period b. Obligation based on conscience
c. Obligation based on voluntariness
55. XYZ is a cooperative store. On July 1, 2010, d. Obligation based on contracts
it paid the Government of the City of Manila
certain taxes believing that it owed the same. 3. Which is not an element of an obligation?
a. Vinculum juris
After six months, XYZ learned that it was not
b. Obligee
subject to the said taxes. Accordingly, it sought c. Prestation
to recover the said taxes it previously paid. The d. Contract
obligation of the Government of the City of
Manila to return the said taxes paid is based 4. It is an efficient cause by which the debtor is
on bound to perform a prestation.
a. Negotiorum gestio a. Vinculum juris
b. Obligee
b. Solution indebiti
c. Prestation
c. Quasi delict d. Contract
d. The Government is exempt from giving tax
refunds 5. Which is not a way by which juridical tie is
established?
a. Statute
b. Bilateral acts
c. Unilateral acts
d. Acts of god

6. It is he who in whose favor the obligation is

constituted, established or created.
a. Active subject
b. Passive subject
c. Obligor
d. Debtor

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

the prestation.
a. Active subject
b. Passive subject
c. Obligee
d. Creditor

8. Which of the following is a active aspect of

an obligation?
a. Right
b. Prestation
c. Debt
d. Juridical tie
PART II
9. The object of an obligation must NOT be:
1. It is a juridical relation whereby a person a. Licit
may demand from another the observance of a b. Possible
determinative conduct, and in case of breach, c. Indeterminate
may demand satisfaction from the assets of d. Determinable
the latter.
a. Natural obligations 10. Which is generally not required to make an
obligation binding? a. Obligation of seller in a contract of sale
a. Form b. Obligation of landowner in easement of way
b. Legality c. Obligation of painter in a contract of service
c. Possibility d. Obligation of depositary in a contract of
d. Determinability deposit

11. Which is not always required to make an 19. Which of the following is a real obligation?
obligation binding? a. To do
a. Possibility b. To give
b. Determinability c. Not to do
c. Pecuniary value
d. Juridical relation 20. “I promise to give you one of my cars.”
What kind of object is this?
12. Which conduct is not expected of the a. Generic
obligor? b. Specific
a. Giving c. Determinate
b. Doing d. Limited generic
c. Not doing
d. Not giving 21. Which of the following is an obligation
established by agreement of the parties?
13. Which of the following is an obligation not a. Unilateral obligation
to do? b. Bilateral obligation
a. Obligation of seller in a contract of sale c. Conventional
b. Obligation of landowner in easement of way d. Statutory
c. Obligation of painter in a contract of service
d. Obligation of depositary in a contract of 22. Which of the following is a divisible
deposit obligation?
a. To deliver a car
14. The law on nuisance creates an obligation… b. To not kill any one
a. To do c. To pay one million pesos
b. Not to do d. To not compete with employer after
c. To give retirement
d. Not to give
23. “I will pay you 1 million for the car I bought
15. Which characteristic of a valid prestation is from you.”
also called “criteria”? a. Pure obligation
a. Form b. Conditional obligation
b. Legality c. Joint obligation
c. Possibility d. Solidary obligation
d. Determinability
24. This obligation is characterized by being
16. Creditor can retain thing delivered immediately due and by lack of burden of time
voluntarily by the debtor even though, under or condition.
the law, the obligation cannot be enforced. a. Pure obligation
a. Civil obligation b. Conditional obligation
b. Moral obligation c. Joint obligation
c. Natural obligation d. Solidary obligation
d. Legal obligation
25. A debtor is liable for the whole obligation
17. Which of the following does not arise from although he has other co-debtors.
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
26. Who is entitled to reimbursement for other
18. Which of the following is a negative co-parties’ share in the contract?
obligation? a. Solidary co-debtor
b. Solidary co-creditor
c. Joint co-debtor
d. Joint co-creditor
27. This obligation gives the obligor an option
to perform only one of several prestations.
a. Simple obligation
b. Alternative obligation
c. Facultative obligation
d. Obligation with a penalty
28. The general rule here is that interest
stipulated in the agreement is generally
substitute for fine. If parties agree, interest
stipulated and fine should be paid.
a. Simple obligation
b. Alternative obligation
c. Facultative obligation
d. Obligation with a penalty
29. Husband has an obligation to support his
wife and children.
a. Obligation ex lege
b. Obligation ex contractu
c. Obligation ex malificio
d. Obligation ex quasi-delicto
30. Which shows a combination of legal and
contractual obligations?
a. Husband and wife
b. Bus driver and bus company
c. Murderer and victim
d. Mother and son
31. What do you call the time when an
obligation is created?
a. Perfection
b. Extinguishment
c. Fulfillment
d. Meeting of the minds
32. Which of the following does not the
immediate demandability of an obligation?
a. Want of period or term
b. Suspensive condition
c. Period
d. Term
33. Which does not characterize an obligation
ex lege?
a. It does not need the consent of the obligor.
b. “Lege” itself should be the creator of the
obligation.
c. Compensation is generally a option to
extinguish the obligation.
34. This obligation is perfected from the time
the minds of the parties meet.
a. Obligation ex lege
b. Obligation ex contractu
c. Obligation ex malificio
d. Obligation ex quasi-delicto
35. What governs obligations created by law?
a. The Civil Code only
b. The law creating them only
c. The Civil Code in a suppletory character
d. The law creating them in a suppletory
character
36. What does compliance in good faith mean?
a. Contract is law between the contracting
parties.
b. Parties must abide by the terms and
conditions of the contract.
c. Compliance with a contract cannot be made
dependent on the will of only one of the
parties.
d. A party cannot cancel or annul the contract
without the consent of the other party or the
order of the court
37. A party cannot evade obligations under the
contract. Which is NOT true?
a. Evasion is allowed if provided in the contract.
b. Evasion is allowed is agreed by the parties.
c. Evasion is never allowed.
d. Evasion is illegal.
38. To which limitation to the freedom to
contract does “protection of women” belong?
a. Law
b. Morals
c. Good customs
d. Public order
e. Public policy
39. TRUE OR FALSE: When penalty in case of
breach of obligation is unconscionably high,
the court can only convince the parties to
reduce it.

40. X and Y entered into an agreement
whereby X would pay Y 2000 pesos per month
so that Y would take all necessary care of X’s
house while he’s on vacation 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. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts
41. What are characteristics common to
mistake in payment and unauthorized
management?
a. Lawful, voluntary and unilateral
b. Unlawful, involuntary and multilateral
c. Lawful, voluntary and bilateral
d. Unlawful, involuntary and unilateral
42. What source of obligation is presumptive
consent present in?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts
43. What is another term for negotiorum
gestio?
a. Mistake in payment
b. Inofficious manager
c. Unjust enrichment
d. Negotiable gesture
44. What is another term for solutio indebiti?
a. Unauthorized management
b. Inofficious manager
c. Unjust enrichment
d. Solution to the debt
45. Jane told John, “If you do something great
to me, I will have sex with you.” 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 front door. It would seem that Jane
went out to the movies but forgot to shut the
faucet in her bathtub. John broke the door and
turned off the faucet.
a. TRUE OR FALSE: John can demand payment
from Jane for negotiorum gestio.
b. TRUE OR FALSE: John can demand to have
sex with Jane for what he has done. 
46. Which of the following does not
characterize negotiorum gestio?
a. The gestor undertook a risky operation which
the owner was not accustomed to embark
upon.
b. He did not prefer his own interest to that of
the owner.
c. He did not fail to return the property after
demand from the owner.
d. He did not assume the management in bad
faith.
47. Which is not an obligation of a gestor in
negotiorum gestio?
a. To render an account of costs and expenses
b. To return the property to the owner upon
demand
c. To pay any load he incurred not in the
interest of management
d. To pay owner for damages necessarily
incurred in the management
48. TRUE OR FALSE: Every person criminally
liable is civilly liable.
49. Which of the following is not an element of
an obligation quasi-delict?
a. Act or omission
b. Fault or negligence
c. Damage or injury
d. Cause and effect relationship between fault
and damage
e. Pre-existing contractual relation between the
parties
50. A person civilly liable is not liable for:
a. Restitution
b. Imprisonment
c. Reparation for damages cause
d. Indemnity for consequential damages
51. TRUE OR FALSE: There is natural obligation
when…
a. A civil obligation is performed after it
prescribes.
b. A third person pays a debt that has already
prescribed.
c. A contractual obligation is performed after
judicial annulment thereof.
d. A minor performs his obligation in the
contract.
e. A party performs his obligation after the
creditor fails to enforce the obligation in court.
f. An heir pays debt exceeding the value of the
property inherited.
g. A legatee is paid his share in the inheritance
although the court has declared it void.
52. Which of the following is not true about
natural obligations?
a. They are based on equity and natural law.
b. The debtor cannot perform this obligation.
c. The creditor cannot enforce this obligation.
d. They are not based on law, contracts, quasi-
contracts, delicts and quasi-delicts.
53. TRUE OR FALSE: A natural obligation is
converted into a civil one by novation.
54. TRUE OR FALSE: A natural obligation
cannot be converted into a civil one by
securing it with real or personal security.
55. Which of the following does not the
creditor to payment of damages?
a. Fraud
b. Delay
c. Negligence
d. Mutual agreement to contravene tenor
56. If the obligation is specific and there is
noncompliance, which is not an remedy?
a. Specific performance
b. Collection of damages
c. Cancellation of the contract
d. Performance of the obligation by another at
the debtor’s expense
57. When does real right of the creditor over
the fruits commence?
a. After delivery
b. Before delivery
c. From the time the obligation to deliver arises
d. Before the time the obligation to deliver
arises
58. What characterizes a personal right?
a. Enforceable against the whole world
b. Enforceable against a definite person
c. Has no definite passive subject
d. Right over a thing
59. Specific performance as a remedy will
compel the obligor to perform his obligation.
This is not available when:
a. Such performance will result in economic loss
on the part of the debtor.
b. Such performance will result in
inconvenience on the part of the debtor.
c. Such performance will result in
unconscionable advantage to the debtor.
d. Such performance will result in harsh,
inequitable and oppressive consequences to the
debtor.
60. Specific performance plus damages as a
remedy is not available if:
a. Purely personal obligations to do
b. Purely personal obligations not to do
61. Which of the following is not a voluntary
breach?
a. Mora
b. Dolo
c. Culpa
d. Caso fortuito
62. Who is a good father of a family?
a. He who is knows everything about the future.
b. He who takes precautions when
circumstances suggest danger.
63. Which of the following is not a
consequence of breach?
a. The obligation is performed at the debtor’s
expense.
b. The obligation is done with debtor’s
imprisonment.
c. The obligation is done with payment of
damages.
d. The obligation poorly done is undone.
64. The remedy of having the obligation done
by the debtor or by another at the debtor’s
expense can be availed of when:
a. The obligation is impossible by nature.
b. The obligation is barred by a sunset clause.
c. The obligation is subsequently forbidden by
law.
d. The obligation is prejudicial to the rights of a
third person.
65. TRUE OR FALSE: In case the remedy
mentioned in the next preceding number isnot
available, collection of damages is also not
available.
66. In reciprocal obligations, there is delay:
a. From the time the obligee judicially demands
it.
b. From the time the oblige extrajudicially
demands it.
c. From the time the other party complies with
his obligation.
d. From the time the period stated in the
obligation expires or lapses.
67. What is an element of delay?
a. Obligation must not be due, demandable and
liquidated.
b. A judicial or extrajudicial demand has not
been made by the creditor.
c. Compliance of the debtor of the creditor’s
demand for him to perform.
d. Debtor does not perform his positive
obligation on the date agreed upon.
68. There is no need of demand in case:
a. The obligation is reciprocal in nature.
b. There is express waiver of demand.
c. There is a case filed in court.
69. Which is default on the part of the
creditor?
a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
70. TRUE OR FALSE: Mora solvendi does not
apply to natural obligations.
71. TRUE OR FALSE: Mora solvendi does not
apply to negative obligations.
72. TRUE OR FALSE: Mora solvendi does not
make the debtor liable for fortuitous events.
73. TRUE OR FALSE: If the debtor can prove
that loss would nevertheless transpire even if
he had not been in default, the court may
equitably mitigate his liability.
74. What is the remedy of the debtor in case of
mora accipiendi?
a. Annul the contract
b. Sue creditor for damages
c. Consign the thing
d. Compel the creditor to accept
75. Which is an effect of mora accipiendi?
a. Debtor becomes liable for damages.
b. Creditor becomes liable for damages.
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.
76. In reciprocal obligations, PARTY A cannot
compel immediate compliance from PARTY B
if:
a. PARTY A is in delay.
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?
a. Compensation
b. Condonation
c. Novation
d. Payment
78. Delay still has effect when:
a. The debt has not yet prescribed.
b. Creditor condones delay expressly.
c. Creditor condones delay impliedly.
d. The debt’s due date has been moved.
79. Which fraud is cause for annulment of the
contract?
a. Causal fraud
b. Incidental fraud
80. What is an example of incidental fraud?
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.
81. Which is not allowed by law?
a. Waiver of past fraud
b. Waiver of future fraud
c. Waiver of past debt
d. Waiver of future debt
82. Which is not a remedy in case of fraud?
a. Unilateral abandonment of the contract
b. Annulment of the contract
c. Specific performance
d. Damages
83. Which breach admits of mitigation of
liability?
a. Diligence
b. Negligence
c. Causal fraud
d. Incidental fraud
84. Which breach can be converted into fraud?
a. Delay
b. Wanton delay
c. Negligence
d. Wanton negligence
85. TRUE OR FALSE: Negligence plus bad faith
is considered delay.
86. What is the effect of contributory
negligence on the part of the creditor?
a. Cancellation of the contract
b. Mitigation of recoverable damages
c. More liability on the part of debtor
d. Extinguishment of the obligation
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 recover.
88. Which of the following is NOT a requisite
for the application of the rule on fortuitous
events?
a. The cause of the event is independent of the
will of the debtor.
b. The event is unforeseeable or unavoidable.
c. The occurrence renders it absolutely
impossible for the debtor to fulfill his obligation
in a normal manner.
d. Debtor has participated in the aggravation of
the injury to the creditor.
89. TRUE OR FALSE:
a. Contributory negligence on the part of the
debtor in caso fortuito frees him from liability.
b. It is enough that the fortuitous event is
merely contributory to the impossibility of the
debtor’s performance of his obligation.
c. That something is difficult to foresee makes it
a fortuitous event.
90. Which of the following is a force majeure?
a. Earthquakes
b. Storms
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