Professional Documents
Culture Documents
OBLICON
OBLICON
A. Before December 1, 2009, A has to take care of the Seiko watch with the diligence of a
A. The debtor is not liable for fraud or delay or negligence in the performance of the
obligation.
B. The debtor can choose which thing pertaining to the class to deliver.
Statement 2. Accessories are not necessary to the principal thing but both must go together.
A. True; False
B. False; True
A. Dolo causante
B. Pare delicto
C. Dolo incidente
D. Culpa aquiliana
C. True; False
D. False; True
10. Statement 1. If the law or contract does not state the diligence which is to be observed in the
Statement 2. If a party is negligent and at the same time in bad faith, he shall be liable for
A. True; False
B. False; True
11.
B. This is not valid because the performance depends solely upon the will of B.
C. The obligation is null and void because the first condition is potestative and the second is
contrary to law.
C. True; False
D. False; True
14. A owes B P10,000 to be paid after one year. As security A mortgages his car in favor of B. If
A. A does not lose the benefit of the period because no one shall be liable for fortuitous
event.
B. A does not lose the benefit of the period if he gives another security equally
satisfactory.
C. A does not lose the benefit of the period because it was not stipulated.
D. A does not lose the benefit of the period because he is not in delay.
D. The liability of the first infractor shall be equitably tempered by the courts.
A. True; False
B. False; True
C. Both statements are true.
18. Statement 1. If the obligation does not fix a period, the court shall fix the period.
Statement 2. Once a period is fixed by the courts, the parties cannot change it.
A. True; False
B. False; True
19. Statement 1. In an alternative obligation either party may choose as to who has the right of
choice.
Statement 2. If it is the creditor who has the right of choice, he loses his choice if all the
A. True; False
B. False; True
20. A and B by their joint act of negligence caused damage to X in the sum of P10,000.
D. The obligation is solidary because either A or B is liable for the full amount.
1. Every obligation whose performance does not depend upon a future or uncertain event, or
upon a past event unknown to the parties, is demandable at once. This refers to:
No1(May1985)
2. This person is liable for the loss of the subject matter by fortuitous event.
No2(Nov1985)
3. A is obliged to give B his Mitsubishi, 4-door sedan Lancer with plate number ABC 123 on
September 30, 2009. On October 10, 2009, A did not yet deliver the car which was totally
A. No, the obligation is extinguished. The specific thing was lost due to fortuitous event
D. Yes, B can instead demand for another car of equivalent value from A.
No2(Oct1989)
4. In a sale, the buyer is entitled and has the right to the fruit of the thing sold from the time:
No1(may1990)
B. The usual exaggeration in trade, when the other party had the opportunity to know the
facts.
6. One is not a requisite in order that obligation shall be extinguished by loss or destruction of
C. When the thing is lost before the debtor has incurred in delay.
No14oct1994
7. The obligation is demandable on the date of the obligation and shall continue in force up to
No1may1995
Contracts
1. This kind of defective contract refers to that contract which is validly agreed upon because all
the essential elements exists, but Courts can nullify it when there is damage or prejudice to one
of the parties to a third person. Its enforcement would cause injustice by reason of some external
facts.
A. Consent C. Subject
4. When the object of the contract is outside the commerce of man, the contract is:
A. Remissible C. Unenforceable
B. Voidable D. Void
5. It is a contract wherein a person binds himself to a creditor to fulfill the obligation of the
6. Contracts are effective and binding only between the parties, their assigns and their heirs.
Three of the following enumeration are exceptions as provided by law which does not belong to
the exception?
B. Where one of the parties to the contract dies and thereafter a suit is filed on the
C. Where the obligations arising from contract are not transmissible by their nature.
D. Where the obligations arising from the contract are not transmissible by stipulation or by
provision of law.
7. A solidary obligation is one in which each of the debtors is liable for the entire obligation or
debt, and each of the creditors is entitled to the entire credit. Obligations shall also be considered
solidary under the three following exceptions. Which does not belong to the exception?
B When the prestation is indivisible and there are two or more debtors and creditors.
9. A and B who are both unemancipated minors entered into a contract. The contract entered into
A. Rescissible C. Voidable
B. Unenforceable D. Void
A. Those whose cause or object did not exist at the time of the transaction
B. Unauthorized contracts
11. The creditor shall have a right to indemnify for damages when, through the fault of the
debtor, all the 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 taking as a
basis
12. Mr. Santos sold his car to Mr. Garcia for P150,000.00. No date is fixed by the parties for the
car.
D. To deliver the car within a reasonable time after the demand of Mr. Garcia to deliver.
13. When the subject matter of a contract is lost through fortuitous event, who is liable?
14. The buyer of a thing has the right to the fruits of the thing:
C. From the time the obligation to deliver the thing bought arises.
15. Three (3) of the following may be valid objects of a contract, except:
16. A contract executed by two (2) parties and one (1) of the parties in not capable of giving
consent is:
A. Voidable C. Void
B. Rescissible D. Unenforceable
17. Three (3) of the following contracts are void. Which one is valid?
A. Oral contract of partnership of three (3) partners and capital contribution is more
18. These are the basic principles or characteristics of a contract. Which is exception?
19. When the period is “on or before a date”, the debtor has the benefit of the period. The benefit
is lost and the obligation becomes demandable when:
B. After contracting the obligation, the creditor suspects the debtor to becoming insolvent
21. The proper remedy is annulment of contract and not reformation when:
of the parties.
B. A mutual mistake of the parties causes the failure of the instrument to disclose their real
agreement.
C. One party was mistaken and the other knew or believed that the instrument did not state
22. The action to annul a voidable contract, such as a contract where one of the parties is
A. Novation C. Ratification
23. A contract or receipt for the transport of goods and their delivery to the person named therein
to order or bearer is a:
24. Cecilio kidnapped and tortured Eduardo for refusing to sell his (Eduardo’s) land to Cecilio.
Eduardo who could no longer bear the physical pains inflicted upon him signed a document of
A. Void C. Valid
influence of fraud.
B. Negotiations is in progress.
27. In an obligation where only one (1) prestation has been agreed upon, but to extinguish the
obligation the debtor is allowed and does render another substitute, the obligation is:
28. Mr. Gamboa owes Mr. Evangelista P100,000. Gamboa knows that on maturity date, he will
not be able to pay Evangelista, and in order to prevent attachment of his property by Evangelista,
Gamboa, before maturity of his debt, executes a contract pretending to sell to Mr. Santiago his
29. A owes solidary creditors XYZ P10,000. There is remission of the debts when:
Exercises
Statement 2. Accessories are not necessary to the principal thing but both must go together.
34. Statement 1. If the law or contract does not state the diligence which is to be observed in the
Statement 2. If a party is negligent and at the same time in bad faith, he shall be liable for
B. This is not valid because the performance depends solely upon the will of B.
36. A binds himself to give B, P1,000 if B sells A’s car and P2,000 if B will kill C.
C. The obligation is null and void because the first condition is potestative and the second is
contrary to law.
38. In obligations with a penal clause, the creditor can recover damages, and interest apart from
39. Statement 1. The nullity of the penal clause does not carry with it the nullity of the principal
obligation.
Statement 2. The nullity of the principal obligation carries with it the nullity of the penal
clause.
40. The obligor is liable for fortuitous event except one. Which is the exception?
B. Condonation is gratiuitous.
C. Condonation is onerous.
43. The following cannot give consent to a contract. Which is the exception?
A. Un-emancipated minors
A. Those undertaken in fraud of creditors where the latter cannot in any manner collect his
credit.
B. Those where consent of one contracting party was vitiated by violence or mistake.
A. Void C. Unenforceable
B. Voidable D. Rescissible
47. Thru some mistake on the part of a bank personnel, A was given One Million Pesos instead
A. Contracts C. Quasi-delicts
B. Quasi-contracts D. Law
B. Must be possible.
C. Both A and B
D. None of them
C. It should be serious and should not have been employed by both contracting parties.
4. Payment of the obligation by a solidary debtor shall not entitle him to reimbursement from his
co-debtors.
B. If such payment was made after obligation has prescribed or become illegal
C. If such payment was made in compliance with the demand made to him by all the
creditors
D. If such payment was made after obligation has become due and demandable and notice of
B. If the creditor demanded for the advance payment and the debtor knows it was not yet
due.
C. If the advance payment is in reciprocity to the advance payment of the other party.
6. A obliges himself to pay X P100,000 in 30 days plus a penalty of P20,000 if A fails to to pay
the obligation in due time. A failed to pay the obligation in 30 days. X can demand from A
D. The principal of P100,000 plus P20,000 penalty, plus legal interest, plus damage.
7. A owes X P50,000 payable on or before June 30, 2010. S who is not a party to the contract and
without the consent and against the will of A paid X the P50,000 on March 1, 2010 when the
A. S can ask reimbursement from A in the amount of p50,000 plus 12% interest from March
C. S cannot ask reimbursement from A because the payment by S is without the consent and
D. S can ask refund from X because the payment by S was against the will of A.
H de Leon
1. In order that an obligation may be extinguished by the loss of the thing, the following
II. The loss of the thing occurs without the fault of the debtor;
2. There are cases, when the loss of the specific thing even in the absence of fault and delay will
III. when the nature of the obligation requires the assumption of risk
IV. when the obligation to deliver a specific thing arises from a crime.
I. When the creditor accepts the thing or sum deposited, without objection, as payment of
the obligation.
II. When the creditor questions the validity of the consignation, and the court, after hearing,
III. When the creditor neither accepts nor questions the validity of the consignation, and the
6. Article 1251 gives the rules regarding the place for the payment of an obligation without
II If there is a stipulation and the thing to be delivered is specific, the payment shall be
made at the place where the thing was, at the perfection of the contract.
III. If there is no stipulation and the thing to be delivered is generic, the place of payment
8. The designation of the debt to which should be applied the payment made by a debtor who has
various debts of the same kind in favor of one and the same creditor.
9. The assignment or abandonment of all the properties of the debtor for the benefit of his
creditors in order that the latter may sell the same and apply the proceeds therof to the
10. Is the act of depositing the thing or amount due with the proper court when the creditor does
not desire or cannot receive it, after complying with the formalities required by law.
11. The creditor, in addition to the penalty, may recover damages and interests:
interest thereon.
III. When the obligor is guilty of fraud in the fulfillment of the obligation, in which case the
12. I. As a general rule, in an obligation with a penal clause, the penalty takes the place of the
II. Proof of actual damages suffered by the creditor is necessary in order that the penalty
may be enforced.
13. I. The nullity of the penal clause does not carry with it that of the principal obligation.
II. The nullity of the principal obligation carries with it that of the penal clause.
14. I. The creditor is not bound to accept payment or performance by a third person who has no
interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.
II. Whoever pays for another may demand from the debtor what he has paid, except that if
he paid without the knowledge or against the will of the debtor, he can recover only
15. I. Payment made by a third person who does not intend to be reimbursed by the debtor is
deemed to be a donation, which requires the debtor’s consent. But the payment is in any
II. Whoever pays on behalf of the debtor without the knowledge or against the will of the
latter can compel the creditor to subrogate him in his rights, such as those arising from
16. I. Payment shall be made to the person in whose favor the obligation has been constituted,
or his successor in interest, or any person authorized to receive it.
II. Payment in good faith to any person in possession of the credit shall not release the
debtor.
17. In order that an obligation may be extinguished by the loss of the thing, the following
II. The loss of the thing occurs without the fault of the debtor
18. I. Condonation or remission is essentially gratuitous, and requires the acceptance by the
II. One and the other kind shall be subject to the rules which govern inofficious donations.
19. I. The renunciation of the principal debt shall not extinguish the accessory obligations; but
II. It is presumed that the accessory obligation of pledge has been remitted when the thing
pledge has been remitted when the thing pledged, after its delivery to the creditor, is
found in the possession of the debtor, or of a third person who owns the thing.
I. When the creditor pays another creditor who is preferred, even without the debtor’s
knowledge.
II. When a third person, not interested in the obligation, pays with the express or tacit approval
of the debtor.
III. When, even without the knowledge of the debtor, a person interested in the fulfillment of
the obligation pays, without prejudice to the effects of confusion as to the latter’s share.
23. I. Contracts are perfected by mere consent, and from the moment the parties are bound not
only to the fulfillment of what has been expressly stipulated but also to all the
consequences which, according to their nature, may be keeping with good faith, usage
and law.
II. Real contracts, such as deposit, pledge and commodatum, are not perfected until the
24. I. No one may contract in the name of another without being authorized by the latter, or
II. A contract entered into in the name of another by one who has no authority or legal
representation, or who has acted beyond his powers, shall be enforceable, unless it is
ratified, expressly or impliedly, by the person on whose behalf it has been executed,
IV Delivery
26. I. In order that fraud may make a contract voidable, it should be serious and should not
II. Incidental fraud only obliges the person employing it to pay damages and interest.
27. I. All things which are not outside the commerce of men, excluding future things, may be
II. All rights which are not intransmissible may also be the object of contracts.
III. All services which are not contrary to law, morals, good customs, public order, or public
28. In order that service may be the object of a contract, the following requisites must concur:
29. I. Although the cause is not stated in the contract, it is presumed that it exists and is lawful,
II. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a
I. Informal or common contract or that which may be entered into in whatever form
provided all the essential requisites for their validity are present.
II. Formal or solemn contract or that which is required by law for its efficacy to be in a
31. Sale; lease of thing; partnership are examples of what classification of contract according to
cause:
A. Onerous C. Gratuitous
B. Remuneratory D. Bilateral
32. Commodatum; pure donation; guaranty or suretyship unless there is a stipulation to the
consideration is paid for such mortgage are examples of what classification of contract
according to cause:
A. Onerous C. Gratuitous
B. Remuneratory D. Bilateral
33.