OBLIGATIONS AND CONTRACTS MIDTERM EXAMINATIONS SET D

General Instructions: a. Natural Obligation

(1) ENCIRCLE the letter of the correct answer; b. Normal Obligation
(2) STRICTLY NO ERASURE. Item with erasure is c. Nominal Obligation
considered wrong. d. Civil Obligation

TEST I. IDENTIFICATION. Choose the correct answer. 12. It is a condition which give rise to an obligation.
(2pts each) a. Potestative Condition
b. Suspensive Condition
1. It is the conduct that must be observed by the c. Resolutory Condition
debtor/obligor. d. Impossible Condition
a. Prestation
b. Passive subject 13. Is a condition that depends upon the will of one of the
c. Active Subject contracting parties.
d. Delict a. Potestative Condition
b. Suspensive Condition
2. It is an act or omission punished by law. c. Resolutory Condition
a. Quasi-Delict d. Impossible Condition
b. Delict
c. Contract 14. It is a condition that will extinguish an obligation.
d. Quasi-Contract a. Potestative Condition
b. Suspensive Condition
3. It is based on the principle that no one should unjustly c. Resolutory Condition
enriched himself at the expense of another. d. Impossible Condition
a. Quasi-Delict
b. Delict 15. It is a juridical necessity to give, to do, or not to do.
c. Contract a. Obligation
d. Quasi-Contract b. Contract
c. Delict
4. It is an act or omission arising from fault or negligence d. Quasi-Contract
which causes damage to another.
a. Quasi-Delict TEST II. TRUE OR FALSE (2 pts each)
b. Delict
c. Contract 1. The object of a contract can be unlawful.
d. Quasi-Contract a. TRUE b. FALSE

5. It is the default on the part of the debtor. 2. Every person criminally liable is also civilly liable.
a. Mora Solvendi a. TRUE b. FALSE
b. Mora Accipiendi
c. Compensation Morae 3. The obligor is the active subject in an obligation.
d. Legal Delay a. TRUE b. FALSE

6. It is the default on the part of the creditor. 4. Prescription can extinguish the effects of being in
a. Mora Solvendi default.
b. Mora Accipiendi a. TRUE b. FALSE
c. Compensation Morae
d. Legal Delay 5. Substituted performance can be a remedy in a purely
personal obligation.
7. It is the default in a reciprocal obligation. a. TRUE b. FALSE
a. Mora Solvendi
b. Mora Accipiendi 6. A fortuitous event can extinguish a generic thing.
c. Compensation Morae a. TRUE b.FALSE
d. Legal Delay
7. A creditor can refuse payment if the debtor is in
8. It is the intentional evasion of the faithful performance default.
of the obligation. a. TRUE b. FALSE
a. Tax Evasion
b. Tax Avoidance 8. Contracts entered into in fraud to creditors can be
c. Fraud rescinded.
d. Prescription a. TRUE b. FALSE

9. It is an occurrence which could not be foreseen or is 9. A period affects only the demandability of an
inevitable. obligation.
a. Accident a. TRUE b. FALSE
b. Default
c. Fortuitous Event 10. A potestative condition which lies on the creditor is
d. Accion Directa void.
a. TRUE b. FALSE
10. It is the right of the lessor to go directly against the
sublessee for unpaid rents of the lessee. TEST III. Identify if the following is a generic or
a. Accion Pauliana specific thing. (2pts each)
b. Accion Directa
c. Accion Subrogatoria 1. One kilo of Ganador Rice.
d. Substituted Performance a. Specific thing b. Generic Thing

11. It is an obligation that arises from equity and justice. 2. Motorcycle with plate number BISU-143.

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OBLIGATIONS AND CONTRACTS MIDTERM EXAMINATIONS SET D
a. Specific thing b. Generic Thing b. Only the condition is valid.
c. Only the condition is void.
3. 2019 Ford Everest d. Both the condition and the obligation are void.
a. Specific thing b. Generic Thing
2. In a contract of loan, it was stipulated that the debtor
4. L120 Epson Printer will pay in full upon demand of the creditor. What is
a. Specific thing b. Generic Thing the effect of the condition?
a. Both the condition and the obligation are valid.
5. The only cellphone of Dean Cassy b. Only the condition is valid.
a. Specific thing b. Generic Thing c. Only the condition is void.
d. Both the condition and the obligation are void.
6. 500 Peso Bill
a. Specific thing b. Generic Thing 3. OR obliged himself to give his favorite watch to OE.
On his way to deliver the same, it was lost due to an
7. Three sacks of Apo cement earthquake. Is OR obliged to deliver another watch?
a. Specific thing b. Generic Thing a. Yes, because watch is a generic thing.
b. No, because his favorite watch is a specific thing.
8. Machine Gun with serial number 123456 c. Yes, because his obligation is not extinguished.
a. Specific thing b. Generic Thing d. No, because the watch is fake.

9. 1 galloon of Petron Gasoline 4. OR sold all his property to XX fraudulently upon notice
a. Specific thing b. Generic Thing that he is losing in the collection case filed against him
by OE his creditor. After judgment, what is the remedy
10. Land with Original Certificate of Title No. 234567 of OE in case OR has no other property to pay his
a. Specific thing b. Generic Thing debt?
a. OE may file an accion pauliana.
TEST IV. Identify if the underlined phrase is a period b. OE may file an action for specific performance.
or condition. (2pts each) c. OE may file an accion subrogatoria.
d. OE may file an action for rescission.
1. I will pay on December 25, 2019.
a. Period b. Condition 5. On October 1, 2019, Robert told to Cassy that he will
give his house and lot to her provided she will
2. I will return your money if your dog will die next week. graduate on May 2022. Cassy graduated on May 02,
a. Period b. Condition 2022. What is the effect of her graduation with respect
to the property?
3. I will give you one million if you can give the correct a. Cassy is the owner of the property from May 02,
answer. 2022.
a. Period b. Condition b. Cassy is the owner of the property from October
01, 2019.
4. I will send you to school when you reach 18 years old. c. Robert is still the owner because Cassy is a
a. Period b. Condition minor.
d. Cassy cannot own the property because he is a
5. I will give your family one million on your 18th birthday. minor.
a. Period b. Condition

“The difference of who you are and who you want to be is

TEST V. Identify if the underlined phrase is a what you do.”
suspensive or resolutory condition. (2pts each)

1. I will give you Ten Million if you will climb the Mount
Everest.
a. Suspensive b. Resolutory

2. I will give you One Million a month until you graduate

from college.
a. Suspensive b. Resolutory

3. I will sell you the land if it will be given to me after my

father’s death.
a. Suspensive b. Resolutory

4. I will give my car to you provided I will die in two years.

a. Suspensive b. Resolutory

5. S sold to B a parcel of land subject to S’s right of

repurchase within two years.
a. Suspensive b. Resolutory

TEST VI. Choose the correct answer to the problem.

(2pts)

1. In a contract of lease, it was stipulated that the lessee

will continue leasing the property as long as he needs
the premises. What is the effect of the condition?
a. Both the condition and the obligation are valid.

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