1.

Statement I: In a "joint and several" obligation, the relationship between the active and the
passive subjects is so close that each of them must comply with or demand the fulfillment of the
part obligation.
Statement II: In case of concurrence of two or more creditors or of two or more debtors in one
and the same obligation, the presumption is that the obligation is only joint.
a) Both statements are true
b) Both statements are false
c) First statement is true; second statement is false.
d) First statement is false second statement is true.

2. 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.
a) Determinate thing
b) Accessions
c) Generic
d) Accessories

3. Whenever in an obligation a period is designated, it is presumed to have been established for

the benefit of:
a) The third party
b) The debtor
c) The creditor
d) Both the creditor and the debtor

4. Statement I: An obligation "to give" is a prestation which consists in the delivery of a movable or
an immovable thing.
Statement II: An obligation "to do" includes all kinds of work or service.
a) Both statements are true
b) First statement is false second statement is true.
c) Both statements are false
d) First statement is true; second statement is false.
5. Statement I: In culpa aquiliana, there is a pre-existing contractual relation.
Statement II: Dolo causante is a fraud which renders the contract unenforceable.
a) Both statements are true
b) First statement is true; second statement is false.
c) First statement is false second statement is true.
d) Both statements are false

6. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
a) Doctrine of constructive extinguishment of obligation
b) Doctrine of constructive fulfillment of suspensive condition
c) Doctrine of implied performance
d) Doctrine of express performance

7. It refers to a joint obligation:

a) One in which each of the debtors is liable only for proportionate part of the debt and each
of the creditor is entitled only for a proportionate part of the credit
b) One in which each debtor is liable for the entire obligation, and each creditor is entitled to
demand the whole obligation
c) One in which the obligation of one is a resolutory condition of the obligation of the other,
the non-fulfillment of which entitles the other party to rescind the contract
d) One in which either one of the parties is indispensable and the other is not necessary

8. When a thing is designated merely by its class or genus without any particular designation or
physical segregation from all others of the same class.
a) All of the above
b) Indeterminate thing
c) Specific thing
d) Determinate thing

9. The debtor shall lose the right to make use of the period in the following cases, except:
a) When he violates any undertaking in consideration of which the creditor agreed to the
period
b) When he becomes insolvent
c) When he does not furnish any guaranty or security to the creditor
d) When the debtor attempts to abscond
10. In the following instances, demand is not necessary, except:
a) When the obligation or the law expressly so declares
b) In unilateral obligation
c) When the demand would be useless, as when the obligator has rendered it beyond his
power to perform
d) When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is not to be delivered or the service is to be
rendered was a controlling motive for the establishment of the contract

11. A, B, C and D are the joint creditor of E and F, solidary debtors in the amount of P40,000. How
much can A, B and C collect from E.
a) A, B and C could collect P30,000 from E
b) A, B, C and D could collect all the P40,000 from E
c) A, B, C and D could collect P20,000 from E
d) A, B, C and D could collect P20,000 from E and P10,000 from F

12. Which is not an element of a fortuitous event?

a) The occurence must have been such as to render it impossible for the debtors to fulfill
their obligation in a normal manner
b) The cause of the unforeseen and unexpected occurrence, must have been dependent of
human will
c) The obligator must have been free from any participation in the aggravation of the
resulting injury to the creditor
d) The event that constituted the caso fortuito must have been impossible to foresee or, if
foreseeable, impossible to avoid

13. An obligation where only the presentation has been agreed upon but the debtor may render
another insubstitution is:
a) Conjoint obligation
b) Facultative obligation
c) Simple obligation
d) Alternative obligation
14. Statement I: Solidarity refers to the prestation.
Statement II: Each one of the solidary creditors may do whatever may be useful or beneficial to
the others as well as anything which may be prejudicial to the latter.
a) First statement is true; second statement is false.
b) Both statements are false
c) Both statements are true
d) First statement is false second statement is true.

15. Statement I: In alternative obligation, the right of choice belongs to the creditor, unless it has
been expressly granted to the debtor.
Statement II: In alternative obligation, when the choice has been expressly given to the creditor,
the obligation shall cease to be alternative from the day when the selection has been
communicated to the debtor.
a) First statement is false second statement is true.
b) First statement is true; second statement is false.
c) Both statements are false
d) Both statements are true

16. A promissory note signed by X and dated March 31, 2016 is worded as follows. "I promise to
pay Y the sum of P75,000.00 provided that if she should fail in the May 2016 CPA Examination,
she shall return to me said amount." The above note gives rise to an obligation with:
a) Resolutory condition
b) Answer not given
c) Casual condition
d) Suspensive condition

17. It is a kind of division in a divisible obligation where the thing can be materially divided, but the
parts are not homogeneous to each other, such as in the partition of an inheritance
a) Quantitative division
b) None of the above
c) Ideal division
d) Qualitative division
18. Negligence is direct, substantive and independent. This pertains to:
a) Culpa Civil
b) Culpa Criminal
c) Culpa Contractual
d) Culpa Aquiliana

19. In three of the following instances, the officious manager may still be held liable for fortuitous
events. Which is the exception?
a) If he has preferred his own interest to that of the owner
b) If he assumed the management in bad faith
c) If he undertakes risky operations like the owner was accustomed to do
d) If he is manifestly unfit to carry on the management

20. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as
a substitute. Which of the following is true?
a) If the ring is lost through a fortuitous event before substitution, the obligation is
extingushed
b) If the ring is lost through a fortuitous event after substitution, the obligation is extinguished
c) If the ring is lost through the debtor's fault after substitution, the debtor shall pay damages
d) If the bracelet is lost through a fortuitous event before the substitution, the obligation is
extinguished

21. X, Y and Z are solidarily liable to A for P30,000 which matures on July 1, 2018. On May 1, 2018,
X paid A for the whole amount of the debt. If on December 1, 2018, X will be reimbursed by Y,
latter will be liable for:
a) P10,000 with interest from May 1, 2018 to December 1, 2018
b) P10,000 without interest
c) P10,000 with interest from May 1, 2018 to July 1, 2018
d) P10,000 with interest from July 1, 2018 to December 1, 2018
22. Statement I: Diligence is the failure to observe that degree of care, precaution and vigilance that
the circumstances justly demand.
Statement II: There is negotiorum gestio when the property or business is not neglected or
abandoned.
a) First statement is false second statement is true.
b) Both statements are false
c) First statement is true; second statement is false.
d) Both statements are true

23. Which of the following is not considered as quasi-contract?

a) Reimbursement due the person who saved the property during fire or storm without the
knowledge of the owner
b) When the third person without the knowledge of the debtor, pays the debt
c) Negotiorum gestio
d) Solution indebiti

24. The following are the obligations without an agreement except:

a) Delicts
b) Quasi-Delicts
c) All other obligations arising from law
d) Contracts

25. Which one of the following is not a requisite of mora solvendi?

a) The obligation is demandable and liquidated
b) The obligation is not necessary demandable
c) The creditor judicially or extrajudicially requires the debtor's performance
d) The debtor delays performance

26. One is not a requisite in order that obligation shall be extinguished by loss or destruction of the
thing due:
a) When the thing is lost without the fault of the debtor
b) When the thing lost is genetic
c) When the thing lost before the debtor has incurred in delay
d) When the thing lost is specific
27. Which of the following is not a requisite of default?
a) That the debtor delays performance
b) That the creditor requires the performance judicially and extrajudicially
c) That the debtor defaulted on maturity date of the obligation
d) That the obligation be demandable and already liquidated

28. The three essential elements of a cause of action are the following except:
a) The act or omission of the the defendant in violation of said legal right
b) The act or omission of the the plaintiff in violation of said legal right
c) The obligation of the defendant
d) The legal right of the plaintiff

29. Statement I: If the fulfillment of a potestative condition depends exclusively upon the will of the
creditor, the conditional obligationshall be valid.
Statement II: If the fulfillment of a potestative condition depends exclusively upon the will of the
debtor, the conditional obligation shall be void.
a) First statement is true; second statement is false.
b) Both statements are true
c) Both statements are false
d) First statement is false second statement is true.

30. Statement I: If the plaintiff's negligence was only contributory, the immediate and proximate
cause of the injuiry being the dependant's lack of due care, the plaintiff may recover damages,
but the courts shall mitigate the damages to be awarded.
Statement II: When an employee causes damage due to his own negligence while performing
his own duties, there arises the presumption that his employer is not negligent.
a) First statement is true; second statement is false.
b) Both statements are false
c) Both statements are true
d) First statement is false second statement is true.
31. The following actions must be brought within ten years from the time the right of action accrues:
a) Upon a quasi-delict
b) Upon an oral contract
c) Upon an obligation created by law
d) Upon a quasi-contract

32. Statement I: Where the obligation consists in the payment of money, the failure of the debtor to
make payment even by reason of a fortuitous event shall not relieve him of his liability.
Statement II: In order for a fortuitous event to exempt one from liability, it is not necessary that
one has committed no misconduct that may have occasioned the loss.
a) First statement is false second statement is true.
b) First statement is true; second statement is false.
c) Both statements are false
d) Both statements are true

33. A owes B P10,000. With the consent of both, C pays B P5,000. Now B and C are the creditors
of A to the amount of P5,000 each. Suppose A has only P5,000. Which is correct?
a) B should be preferred
b) C should be preferred
c) B and C should divide the P5,000 equally
d) A may chose who to pay

34. A mango tree in the land of O is reclining towards the road. All of a sudden, without a storm or
an earthquake or even a strong wind, the tree falls hitting a car belonging to Y causing a P20,000
damages. The liability of O to X arises from:
a) Quasi-contracts
b) Quasi-delict
c) Law
d) Contracts
35. The creditor shall have a right to indemnity for the damages when through the fault of the debtor,
all things which are alternatively the object of the obligation have been lost or compliance of the
obligation has become impossible. The indemnity shall be fixed on the basis of:
a) The value of the first thing which disappeared
b) The value of the least expensive things
c) The value of the most expensive things
d) The value of the last thing which disappeared

36. Statement I: In alternative obligations, the loss of one of the objects which are due without any
fault of the debtor is necessary to extinguish the obligation.
Statement II: Alternative obligations may be complied with by the delivery of one of the objects
or by the performance of one of the prestations which are alternatively due.
a) First statement is true; second statement is false.
b) Both statements are true
c) Both statements are false
d) First statement is false second statement is true.

37. Statement I: In facultative obligations, the right of choice pertains only to the creditor.
Statement II: In facultative obligations, the culpable loss of the object which the debtor may
deliver in substitution before the substitution is effected does gives rise to any liability on the part
of such debtor.
a) Both statements are false
b) Both statements are true
c) First statement is true; second statement is false.
d) First statement is false second statement is true.

38. A, B and C solidary debtor owe solidary creditors X and Y P30,000. X remitted the entire
obligation in favor of A. The effect is:
a. A can recover from B and C their respective shares of the debt
b. The obligation is not yet extinguished until Y is paid by X his share of the credit
c. A cannot recover from B and C because remission in his favor extend to the benefit of B
and C
d. The obligation is not extinguished until A collects from B and C.
39. When the thing deteriorates pending the fulfillment of the suspensive condition without the fault
of the debtor, the impairment is:
a) To be borne by the debtor
b) To be borne partly by the debtor and partly by the creditor
c) To be borne by the party who caused the deterioration
d) To be borne by the creditor

40. A, B, C and D, solidary debtors are obliged to give V, W, X, Y and Z, solidary creditor, P20,000
a) V may collect from D P4,000
b) V may collect from D P1,000
c) V may collect from D P20,000
d) V may collect from D P5,000

41. Which of the following is not void ab initio?

a) That whose object is outside the commerce of men
b) That which is undertaken in fraud or creditors
c) That whose object did not exist at the time of transaction
d) That which contemplates an impossible service

42. It refers to a joint obligation:

a) One in which the obligation of one is a resolutory condition of the other, the non-fulfillment
of which entitles the other party to rescind the contract
b) One in which each debtor is liable for the entire obligation and each creditor is entitled to
demand the whole obligation
c) One in which each debtor is liable only for a proportionate part of the debt and each
creditor is entitled only for a proportionate part of the credit
d) One in which either one of the parties is indispensable and the other is not necessary

43. A thing is not deemed lost when it:

a) Disappears in such a way its existence is unknown or it cannot be recovered
b) Perishes
c) Goes out of commerce
d) Deteriorates
44. Which statement describes culpa contractual?
a) Proof of due diligence in the selection and supervision of employees is available as a
defense
b) The negligence of the defendant is substantive and independent
c) The source of the liability is the defendant's negligent act or omission itself
d) The proof of the contract and of its breach is sufficient prima facie to warrant recovery

45. The court is not authorized to fix a period. The following are the exceptions, except:
a) If the period depends upon the will of the creditor
b) If the obligation does not fix a period, but from its nature and circumstances it can be
inferred that a period was intended
c) If under the circumstances the parties have contemplated a period
d) When the debtor binds himself to pay when his means permit him to do so

46. The following are the effects of a joint obligation, except:

a) Insolvency of one joint debtor makes the other joint debtor or debtors responsible for his
proportionate share
b) The defenses of one joint debtor are not necessarily available to the other joint debtor or
debtors
c) The defect of each obligation arising from the personal defect of a particular joint debtor
or joint creditor does not affect the obligation or right of the other joint parties
d) The demand by the creditor or creditors on one joint debtor puts him in delay in case of
non-payment while the other joint debtor or debtors are not liable

47. A, B and C solidarily debtors owe solidary creditors X and Y P30,000. X remitted the entire
obligation in favor A. The effect is:
a) A can recover from B and C their respective share of the debt
b) A cannot recover from B and C because remission in his favor extend the benefit to B
and C
c) The obligation is not yet extinguished until Y is paid by X his share of the credit
d) The obligation is not extinguished until A collects from B and C

48. The following statement describes culpa aquiliana. Which is not?

a) There is no pre-existing contractual relation
b) The source of the liability is the defendant's negligent act or omission itself
 c) Proof of due diligence in the selection and supervision of employees is not available as a
defense
d) The liability of the employers is based upon the principle that the negligence of the
employee is prima facie presumed to be the negligence of the employer

49.
50. An obligation ceases to be alternative and becomes a simple obligation in the following cases,
except:
a) When the right of choice has been expressly granted to the creditor and his choice has
been communicated to the debtor
b) When the debtor has communicated his choice to the creditor.
c) When several prestations are due but the performance of one is enough to extinguish the
obligation
d) When among the several prestations that are due only one is practicable

51. D obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a
substitute. Which of the following is true?
a) If the ring is lost through the debtor's fault after substitution, the debtor shall pay damages
b) If the ring is lost through a fortuitous event before substitution, the obligation is
extinguished
c) If the ring is lost through a fortuitous event after the substitution, the obligation is
extinguished
d) If the bracelet is lost through a fortuitous event before the substitution, the obligation is
extinguished

52. Statement 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.
Statement II: When what us to be delivered is a generic thing, the creditor, may compel the
debtor to make the delivery.
a) Both statements are false
b) First statement is true; second statement is false.
c) Both statements are true
d) First statement is false second statement is true.
53. Statement I: The receipt of a later installment of a debt without reservation as to prior
installments, shall raise the presumption that such installments have been paid.
Statement II: The receipt of the principal by the creditor without reservation with respect to the
interest, shall not give rise to the presumption that said interest has been paid.
a) Both statements are false
b) First statement is true; second statement is false.
c) First statement is false second statement is true.
d) Both statements are true

54. 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.
a) Natural fruits
b) Civil fruits
c) Industrial fruits
d) Real fruits

55. Which of the following is not considered as quasi-contract?

a) Negotiorum gestio
b) Solutio indebiti
c) Reimbursement due the person who saved the property during fire or storm without the
knowledge of the owner
d) When the third person without the knowledge of the debtor, pays the debt

56. When the period is "on or before a date", the debtor has the benefit of the period. This benefit is
lost and the obligation becomes demandable when:
a) Demand by creditor could be useless
b) The debtor attempts to abscond
c) After contracting the obligation, the creditor suspects the debtor of becoming insolvent
d) The guarantee given by the debtor is not acceptable to the creditor
57. Every obligation whose performance does not depend upon future or uncertain event, or upon
a past unknown to the parties is demandable at once. This refers to:
a) Divisible and Indivisible obligation
b) Joint and Solidary obligation
c) Obligation with a period
d) Pure and Conditional obligation

58. The following are requisites of quasi-delict, except:

a) Damages suffered by plaintiff
b) Damage suffered by plaintiff
c) Connection of cause and effect between the fault or negligence of defendant and the
damage incurred by plaintiff
d) Fault or negligence of defendant

59. When the amount is known or is determinable by inspection of the terms and conditions of the
relevant promissory notes and related documentation
a) Debt is unliquidated
b) Debt is due
c) Debt is demandable
d) Debt is liquidated

60. Statement I: In facultative obigations, loss or impossibly of the object or prestation which is due
without the fault of the debtor is not sufficient to extinguish the obligation.
Statement II: Facultative obligations may be complied with the delivery of another object but not
in substitution of that which is due.
a) Both statements are false
b) First statement is true; second statement is false.
c) First statement is false second statement is true.
d) Both statements are true