Correct. 1. I. The highest degree of diligence is expected, and high standards of integrity and performance are required of the banking business. IL, The degree of diligence required of banks is more than that of a good father of a family. © Only Tis true + Only Tis true '* Both are true (correct answer, your response) » Both are false Correct, 2. These are the spontaneous products of the soil, and the young and other products of animal. Civil fruits: Real fruits Natural fruits (correct answer, your response) Industrial fruits Correct. 3. I. It is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulations. IL. The Civil Code characterizes negligence as the omission of that diligence required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. Only 1 is true Only Iris true Both are true (correct answer, your response) Both are falseIncorrect. 4, Delay in the fulfillment of an obligation by reason of a cause imputable to the debtor Mora solvendi (correct answer) Compensatio morae Creditor’s default ‘+ Mora accipiendi (your response) Correct. 5. It signifies all of those things which are produced by the thing which is the object of the obligation as well as all of those which are naturally or artificially attached thereto. * Accessories Indeterminate thing Accessions (correct answer, your response) ‘+ Determinate thing Correct. 6. When does delay begins? + Delay begins from the time the obligor actually defaulted from his obligation. .. Delay begins from the time the obligor defaulted from his obligation within 5 days from the maturity of his obligation. ., Delay begins from the time the obligee judicially or extrajudicially demands from the obligor the performance of the obligation. (correct answer, your response) Delay begins from the time the obligor defaulted from his obligation within a reasonable time from the maturity of his obligation. Correct. 7. Itis the power of one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. + Indefinite right * Real right '* Personal right (correct answer, your response) * Definite rightCorrect. 8. It is the power belonging to a person over a specific thing, without a passive subject Individually determined, against whom such right may be personally exercised. ‘+ Indefinite right ‘= Real right (correct answer, your response) ‘+ Definite right ‘+ Personal right Correct. 9. A thing is determinate when it is particularly designated or physically segregated from all other of the same class, * Generic thing * Specific thing (correct answer, your response) Immovable thing * Indeterminate thing Incorrect. 10. Are those which arise from the same cause, and which each party is a debtor and a creditor of the other, such that the obligations of one is dependent upon the obligation of the other? * Specific obligation * Unilateral obligation (your response) * Reciprocal obligation (correct answer) * Natural obligation Incorrect. 11. Unless the law or stipulation of the parties requires another standard of care, the obligation to give a thing carries with it the obligation to take care of it with + Extraordinary diligence (your response) + Utmost diligence * Diligence of a good father of a family (correct answer) + Answer not givenCorrect. 12. Which of the following is a determinate thing? + Acar owned by Juan de la Cruz * A 2020 Mitsubishi Montero Sport GLS 2WD. ‘A Toyota Fortuner with Plate No. SJB 349 (correct answer, your response) * Acar Incorrect. 13. When the amount is known or is determinable by inspection of the terms and conditions of the relevant promissory notes and related documents. Debt is liquidated (correct answer) Debt is due Debt is unliquidable Debt is demandable (your response) Correct. 14. Cha Yu-Ri obliged herself to deliver a determinate pig to Jo Gang-Hwa on December 31, 2019. When the date of the delivery of the pig arrived, the pig has already seven offsprings. ‘The seven offsprings was born before the obligation to deliver the pig has arisen and Jo Gang-Hwa has not yet paid the purchase price. Cha Yu-Ri should deliver the ‘+ the mother pig as well as the seven offsprings. + mother pig only. (correct answer, your response) ‘+ Jo Gang-Hwa should pay to Cha Yu-Ri the seven offspirings. * Cha Yu-Ri can refuse to deliver the goods.Correct. 15. I. When the plaintiff's own negligence was not the immediate and proximate cause of his Injury, he cannot recover damages. IL If the plaintiff's negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. * Only Tis true '* Only IT is true (correct answer, your response) * Both are true ‘+ Both are false Correct. 16. These are produced by lands of any kind through cultivation or labor. © Civil fruits Industrial fruits (correct answer, your response) ‘Natural fruits ‘© Real fruits Incorrect. 17. Which of the following is not a requisite of default? That the debtor delays performance. = That the obligation be demnandable and already liquidated. (your response) That the creditor requires the performance judicially and extrajudicially. That the debtor defaulted on maturity date of the obligation. (correct answer)Correct. 18. Under Article 1163, unless the law or the stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with extraordinary diligence * diligence of a father of a good family * diligence of a good father of a family (correct answer, your response) utmost diligence Correct. 19. I. In compensatio morae, the parties cancel out the effects of default, such that it is as if no one is guilty of delay. IL. In reciprocal obligations, as in a contract of sale, the general rule is that the fulfillment of the parties’ respective obligations should be simultaneous. + Only Tis true + Only I is true ‘* Both are true (correct answer, your response) ‘* Both are false Correct. 20, Under Article 1164, the creditor has @ right to the fruits of the thing from the time the fruits are delivered. the time the sale is perfected. the time the thing is delivered. the time the obligation to deliver the thing arises. (correct answer, your response)Incorrect. 21. Default on the part of both parties because neither has completed their part in their reciprocal obligation. ‘© Mora solvendi ‘+ Mora accipiendi (your response) = Compensatio morae (correct answer) * Debtor's default Correct, 22, These are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. © Natural fruits = Industrial fruits © Real fruits ‘= Civil fruits (correct answer, your response) Correct. 23. I. When what Is to be delivered is a generic t make the delivery. II If the thing to be delivered is a determinate thing, the creditor may ask that the obligation be complied with at the expense of the debtor. 19, the creditor may compel the debtor to Only Tis true Only If is true Both are true * Both are false (correct answer, your response)Correct. 24, Extreme care that a person of unusual prudence exercise to secure rights or property. Extraordinary diligence (correct answer, your response) Diligence of a good father of a family Ordinary diligence Due diligence Incorrect. 25. I. When an employee causes damage due to his own negligence while performing his own duties, there arises the presumption that his employer is negligent, rebuttable only by proof. of observance of the extraordinary diligence. IL, In the selection of prospective employees, employers are required to examine their employees as t their qualifications, experience and service records. Only Tis true * Only Il is true (correct answer) * Both are true (your response) Both are false Incorrect. 26. Delay of the oblige or creditor to accept the delivery of the thing which is the object of the obligation. Mora solvendi Compensatio morae + Mora accipiendi (correct answer) Debtor's default (your response)Correct. 27. It signifies all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not. incorporated or attached, Accessories (correct answer, your response) Determinate thing Accessions Indeterminate thing Correct. 28. Which of the following is not an obligation of the debtor in specific real obligation? ‘+ To take care of the thing extraordinary diligence. (correct answer, your response) ‘= To pay damages in case of breach of the obligation. ‘+ To deliver the specific or determinate thing which he has obligation himself to give. ‘* To deliver the accessions and accessories. Incorrect. 29. In the following instances, demand is not necessary, except: ‘When from the nature and the circumstances of the obligation it appears that the ‘+ designation of the time when the thing Is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract. . When the demand would be useless, as when the obligor has rendered it beyond his power to perform. ‘+ In unilateral obligation. (correct answer) ‘+ When the obligation or the law expressly so declares. (your response)Correct. 30. The following statements explain negligence, except: .. Its expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. (correct answer, your response) + Is the conduct that creates an undue risk of harm to others. Itis the failure to observe that degree of care, precaution and vigilance that the circumstances justly demand. Itis the omission to do something which a reasonable man, guided by considerations ‘that ordinarily regulate the conduct of human affairs, would do, or doing something that a prudent and reasonable man would not do. Incorrect. 31. Which of the following is not a right of the debtor in generic real obligation? '* To recover damages in case of breach of the obligation. (your response) To ask for performance of the obligation. ‘= To compel specific performances. (correct answer) ‘To ask that the obligation be complied with at the expense of the debtor. Incorrect. 32. I. If the object of obligation is a generic thing, the loss or destruction of anything of the same kind even without the debtor’s fault and before he has incurred in delay will not have the effect of extinguishing the obligation. IL. An obligation to pay money is generic. + Only Tis true © Only Iis true * Both are true (correct answer) + Both are false (your response)Correct. 33. I. Ifa person obliged to do something fails to do it, the same shall be executed at his cost. IL, The same rule shall be observed if he does it in contravention of the tenor of the obligation Only Tis true Only ILis true Both are true (correct answer, your response) Both are false Correct. 34, The object thereof is designated merely by its class or genus without any particular 35, designation or physical segregation from all others of the same class. Specific thing ‘= Movable thing ‘© Generic thing (correct answer, your response) ‘= Determinate thing 1. Mere delinquency in payment does not necessarily mean delay in the legal concept. II, Default generally begins from the moment the creditor demands the performance of the obligation. + Only Tis true + Only II is true (your response) + Both are true (correct answer) + Both are false Points earned: 0 out of 1