QUIZ – OBLIGATIONS AND CONTRACTS

Direction: Do not write anything in the test paper. Answer all in your yellow paper. No erasures.

I. MULTIPLE CHOICE

1. The obligation of a school to provide its students a safe and secure environment and an
atmosphere conducive to learning is an obligation arising from:
A. law
B. contract
C. quasi-contract
D. quasi-delict

2. These statements are presented to you:

I. There is no delay in obligations not to do

II. Delay is applicable only to the debtor

In your evaluation of the foregoing instruments:

A. Both statements are true

B. Both statements are false
C. Only statement I is true
D. Only statement II is true

3. The principle of negotiorum gestio does not apply:

A. When the property or business is not neglected or abandoned
B. When the officious manager has been tacitly authorized by the owner
C. In both (a) and (b)
D. I neither (a) nor (b)

4. S, a supplier of fresh fish from Lucena City, hired T, the owner of a trucking company, for a fee of
P3,000.00 to bring the fish catch of S to the Dampa Market in Paranaque City which ordered the
fish for a price of P20,000.00. In so far as S is concerned, his prestation in his contract with T is:
A. The sale of fish
B. The transport of the fish
C. The payment of P3,000
D. The payment of P20,000

5. 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 oblige and T is the obligor
C. Both S and T are obligors and oblige of each other
D. The Dampa Market is the oblige of both S and T

6. O was cleaning the glass window of his building when a large piece of broken glass fell down
directly hitting the roof of a car which was parked below. C, the owner of the car, was not
 around. Sensing that he would be made liable for the damage on the car, O immediately went
down and cleaned the mess. O, seeing that W had witnessed all that happened, proposed to
give W P2,000.00 so that W would not testify in case a court is filed. W agreed to the proposal
and accepted the money. Based on the foregoing facts, which of the following statements is
incorrect:

a) O’s liability, if any, is based on quasi delict

b) The agreement between O and W is binding on both of them
c) W may testify in court despite the agreement
d) The agreement between O and W is void

7. Unless the law or stipulations of the parties require another standard of care, every person obliged to
give something is also obliged to take care of it with:

a) extra-ordinary diligence
b) diligence of a father of a good family
c) diligence of a good father of a family
d) good diligence of a father of a family

8. Which of the following is not an element of quasi-delict

a) Damages
b) Fault or Negligence
c) Pre-existing contractual relations between parties
d) All of the above
e) None of the above

9. The kind of fraud which renders a contract voidable is:

a) causal fraud
b) incidental fraud
c) fraud in performance
d) future fraud

10. D is obliged to repair the car of C. D failed to repair the car despite the demands made by C. D wants
to know from you which of the following remedies are available to him:

I. Compel D to repair the car

II. Have the car repaired by another person at D’s expense

III. Demand payment of damages from D

Which of the foregoing remedies may be availed of by C?

a) I and III
b) II and III
c) I only
d) II only
11. D is obliged to deliver his only horse to C on May 31, 2014. C made a demand against D for the
deliver of the horse on May 31, 2014. However, D failed to deliver the horse. In view thereof, C
consulted you and ask which of the following remedies are available to him.

I. Compel D to deliver the horse to him

II. Get a horse from another person at D’s expense
III. Demand payment of damages from D

Which of the foregoing remedies may be availed by C

A. I and III
B. II and III
C. I only
D. II only

12. On January 1, 2014, D and C agreed that D would deliver to C a specific agricultural land on July 1,
2014. From January 1 to June 30, 2014, D harvested palay from the land worth P20,000.00. D
actually delivered the land to C on September 30 2014. At that time, crops valued at P15,000.00
that grew beginning on July 1, 2014 remained unharvested. C had a personal right against D for
the delivery of the thing and its fruits beginning on:
A. January 1, 2014
B. June 30, 2014
C. July 1, 2014
D. September 30, 2014

13. Based on the preceding number, C acquired real right over the thing and the fruits on:
A. January 1, 2014
B. June 30, 2014
C. July 1, 2014
D. September 30, 2014

14. The palay mentioned in No. 12 is an example of

A. Industrial fruit
B. Natural fruit
C. Civil fruit
D. Juicy fruit

15. During the flood, the properties of D were saved from destruction by C without the knowledge of
D who was then away. C incurred necessary and useful expenses in the act of saving D’s
properties. For such expense
A. D must reimburse C although acted without the consent of D
B. D is not required to reimburse C because C acted without D’s consent
C. D must reimburse C because there was an implied contract between D and C
 D. D need not reimburse C because C’s act of saving D’s properties is a gratuitous act that
requires no compensation

16. D is obliged to deliver his only car to C on December 1, 2014. On December 1, 2014, D did not
deliver the car. The following day, armed men forcibly took the car from D’s garage
A. D’s obligation to give the car is extinguished
B. D must give another car of the same kind and quality to C because he was already in delay
when the loss took place
C. D is obliged to pay damages to C
D. D must give another car or pay damages at the option of C

17. Orlando brought his typewriter at the shop of Remigio for repair. Orlando made several demands
for the repair work to be done but Remigio did not undertake the repairs. Eventually, Remigio
returned the typewriter, unrepaired and with several parts missing
I. Orlando can have the typewriter repaired by another repair shop with the repair cost
thereof chargeable to Remigio
II. Orlando can compel Remigio to undertake the repairs
III. Orlando can ask for damages for the missing parts of the typewriter at the expense of
Remigio

Which of the above remedies may be availed by Orlando?

A. I and II
B. II and III
C. I and III
D. All of I, II and III

18. The right of C before delivery, on one hand, and his right after delivery on the other hand, of the
agricultural land and its fruits, to him are referred to as:
A. Personal right and real right, respectively
B. Real right and personal right, respectively
C. Both are considered personal right
D. Both are considered a real right

19. 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 be made or not on due date
D. When time is of the essence of the contract

20. The following are the remedies of the creditor to pursue his claims against the debtor, except to:
A. Pursue the property owned and in possession of the debtor
B. Exercise all the rights and bring all the actions of the debtor
C. Impugn the acts which the debtor may have done to defraud his credits
D. Compel the debtor to perform the service in obligations to do
II. TRUE OR FALSE (FALSE-BOLD)

21. In obligation to give a determinate thing which is subject to a suspensive condition, the creditor has
the right to fruits of the thing upon perfection of the obligation
22. A person criminally liable is also civilly liable
23. A natural obligation cannot be enforced in a court of justice.
24. Waiver of past fraud is void.
25. If an obligation to do has been poorly done, the creditor may have the same be undone at the expense
of the debtor
26. 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.
27. As a general rule, the debtor incurs in delay if he does not perform the obligation on the date it is
due.
28. As a general rule, rights acquired in virtue of an obligation are not transmissible.
29. Acts of men such as armed robbery or piracy are considered fortuitous events if they occur
independently of the debtor’s will.
30. Culpa acquiliana is governed by the provisions of torts or quasi delict under the Civil Code of the
Philippines.

III. PROBLEMS

A. Mr. Haragan, jeepney driver, involved in a collision with a truck which causes the death of a
pedestrian. The heirs of the pedestrian ask Mr. Haragan for civil damages amounting to P1
Million. However, Mr. Haragan has no properties to pay the heirs. Hence, the heirs went to
Mr. Ari to claim for the civil damages caused by the negligence of his driver. Can the heirs
claim from Mr. Ari? Why? (State your reasons)

B. Mr. Dugong obliged himself to deliver 10 sacks of corn rice to Mr. Lacson. Mr. Lacson said that
the corn rice shall come specifically from the corn field of Mr. P-Noy. During the eve of delivery
of the corn rice, the field of Mr. P-Noy was burnt by thieves. Mr. Dugong did not deliver the
corn rice. Will Mr. Dugong be held liable for damages for non-delivery of the corn rice to Mr.
Lacson? Why? (State your reasons)

C. Mr. Arn-Arn loaned from Mr. Barn-Barn P5,000,000.00 payable in two annual installments
starting May 1, 2019. On May 1, 2019, Mr. Barn-Barn is in the United States, hence, he e-
mailed Mr. Arn-Arn to remind payment of P2,500,000.00. Only on May 10, 2019 did Mr. Arn-
Arn saw the e-mail. He answered and paid the amount due through online banking. Mr. Barn-
Barn asked for damages since Mr. Arn-Arn incur delay for 10 days. Is Mr. Barn-barb correct?
Why? (State your reasons)

D. Mr. Boom entered in contract of sale with Mr. Baam to deliver 10 sacks of mangoes on July 1,
2019 amounting to P50,000.00. Identify the elements of the obligation.
E. Mr. Thunder is out of town at the time of the typhoon Bagwis destroyed Barrio Sta. Ana,
however, his properties were taken care of by Mr. Soon, his neighbor. One of the properties
in the possession of Mr. Soon is the refrigerator, due to effects of the typhoon all the stores
in the barrio were closed, hence, Mr. Soon used and eaten all the food inside the refrigerator
of Mr. Thunder. When Mr. Thunder arrived at the Barrio he is asking for reimbursement of
food from Mr. Soon. Can he do so? Why? State your reasons.

IV. (BONUS for 2 pts)

February 18, 2024 will fall on what day? (Monday – Sunday)

“You cannot spell S_CESS without U”

GOODLUCK!!!

dqesguerra21