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Bachelor of Arts in Economics


Mid-Term Exam Questionnaire in Law 1 (Obligations and Contracts)
First Semester A.Y.: 2023-2024

Name: ___________________________________________ Date: ______________


Year & Section: ___________________________________ Permit #: ___________

This examination consists of three (3) parts; MULTIPLE CHOICE, TRUE OR FALSE and ESSAY.

PART I.
MULTIPLE CHOICE. Choose the letter of the correct answer. Encircle the letter that corresponds to
your answer.

1. When does the presumption of an "onerosity" arises in obligations?


a. When the obligation is gratuitous b. When the obligation is reciprocal
c. When the obligation is unilateral d. When the parties are related by blood
2. The following are examples of indeterminate things, EXCEPT:
a. Car b. House and lot
c. Toyota Altis ASA 1953 d. Chair
3. This is the proper diligence required by the law from a person who has an obligation to deliver a
thing.
a. Ordinary Intelligence b. Ordinary Negligence
c. Extraordinary Diligence d. Ordinary Diligence
4. In this source of obligation, the liability of the debtor is not presumed.
a. Contract b. Acts or omissions punished by law
c. Delicts d. Law
5. It is the object of the obligation.
a. Car b. House and lot
c. Painting d. Prestation
6. This condition depends on chance or will of a third party.
a. Facultative condition c. Casual Condition
b. Resolutory Condition d. Pure Condition
7. The following are the rights of creditors, EXCEPT:
a. Exhaust the property of the debtor through a levy, attachment, and execution of all the
property of the debtor, except those which are exempted by the law from execution.
b. Accion subrogatoria
c. dolo
d. accion pauliana
8. It is the conscious and intentional design to evade the normal fulfillment of the obligation.
a. Fraud b. Delay c. Negligence d. Diligence
9. The following are civil liabilities arising from crime, EXCEPT:
a. Restitution b. Reparation
c. Imprisonment d. Indemnification for Damages
10. It is the attention or care required of a person in a given situation. It is the opposite of
negligence.
a. diligence b. carelessness c. intelligence d. laziness
11. These are the diligence mentioned in the Civil Code, EXCEPT:
a. extraordinary intelligence c. slight care or slight diligence
b. ordinary care or ordinary diligence d. extraordinary diligence
12. Best example of civil fruits.
a. Guavas b. Corn c. Life Annuities d. Equipment
13. These are extraordinary events that cannot be foreseen, or if foreseen, are inevitable.
a. Contracts b. Obligations c. Condition d. Fortuitous Events
14. These are additions to or improvements upon a thing.
a. Accessories b. Improvement c. Loss d. Accessions
15. This is a kind of obligation that does not grant a right of action to enforce their performance and
it is based on equity.
a. Indivisible Obligation b. Conditional Obligation
c. Civil Obligation d. Natural Obligation
16. This is a juridical relation whereby a person (called the debtor) may demand from another
(called the debtor) the observance of a determinative conduct (the giving, doing, or not doing),
and in case of breach, may demand satisfaction from the assets of the latter.
a. Contract b. Obligation
c. Condition d. Obligations and Contracts
17. It is the diligence required when neither law or contract stipulates the type of diligence to be
observed.
a. extraordinary negligence c. ordinary diligence
b. slight diligence d. intelligence
18. This obligation contains no terms or conditions.
a. pure obligation b. real obligation
c. obligation d. conditional obligation
19. Is the active subject in an obligation.
a. Obligor c. Obligee
b. Contractor d. Debtor
20. It is an uncertain event which wields an influence on a legal relationship.
a. Obligation b. Term c. Condition d. Fortuitous Event
21. A future and certain event.
a. Period b. Contract c. Condition d. Prestation
22. It is understood that the thing is lost WHEN:
a. the value reduces c. it goes out of commerce
b. the value decreases d. it is improved
23. What is the remedy of the creditor if debtor fails to perform his obligation to deliver a
determinate thing?
a. Compel the debtor to make delivery only
b. Specific performance plus damages
c. Demand for damages
d. None because it is extinguished
24. One which extinguishes rights and obligations already existing.
a. resolutory condition c. conditional obligation
b. obligation with a period d. pure obligation
25. Example of industrial fruits
a. Apples c. Corn
b. Income derived from a property d. Revenues derived from a property
26. Obligation to give.
a. Real obligation b. Condition
c. Personal obligation d. Real Obligation
27. The following are the requisites before the debtor may be held in delay, EXCEPT:
a. the obligation is demandable and already liquidated
b. the creditor requires the performance judicially or extrajudicially.
c. the debtor does not perform the obligation after the demand of the creditor because of malice or
negligence
d. deliver the subject matter of the obligation
a. Demand is not necessary to incur delay
b. when:
c. a. Creditor refuses the performance
d. without just cause.
e. b. The debtor is guilty of non-
f. performance.
g. c. Time is the controlling motive
h. d. If the obligation bears interest
28. The following statements concerning an obligation are correct, EXCEPT:
a. The obligation to give is one in which the prestation consists in the delivery of a movable or an
immovable thing.
b. The obligation not to give is a positive obligation.
c. The obligation to do includes all kinds of work or services.
d. The obligation not to do consists in abstaining from some act.
29. What is the effect if the substitute was lost before substitution by the debtor?
a. The debtor is liable for the loss of the substitute under facultative obligation.
b. The debtor is not liable for the loss even if it was due to his fault.
c. The debtor is not liable for of the loss substitute in case of fortuitous event only.
d. The debtor is liable for damages if the loss is due to his fault but the obligation is extinguished if
due to fortuitous event.
30. Which conduct is NOT expected of the obligor?
d. This takes place when something is received
e. when there is no right to demand it, and it
f. was unduly delivered thru mistake
a. Giving b. Doing
c. Not doing d. Not giving
31. This take place when something is received when there is no right to demand it, and it was
unduly delivered thru mistake.
a. Vinculum juris b. Solutio indebiti
c. Negotiorum Gestio d. Prestation
32. Pertains to certain percepts that cannot be universally recognized as moral, sometimes they only
apply to certain communities or localities.
a. contrary to morals b. contrary to good customs
c. contrary to law d. contrary to public policy
33. The following are stages of a contract, EXCEPT:
a. Perfection b. Death
c. Preparation d. Introduction
34. It is the source of obligation where lawful, unilateral, voluntary acts giving rise to juridical relation
to the end that no one shall be unjustly enriched at the expense of another?
a. Law b. Quasi-contracts
c. Contract d. Delicts
35. The following are elements of obligation, EXCEPT:
a. Passive Subject b. Vinculum juris
c. Presentation d. Active Subject

PART II
True or False. Write “True” if the Statement is True. Write “False” if the statement is false.
_________ 36. An obligation with a potestative condition depends on the exclusive will of one of the
parties.
_________ 37. Period is an uncertain event which wields an influence on a legal relationship.
_________ 38. A condition is considered illegal if it is against good customs, public policy, and
prohibited by law.
_________ 39. Every person criminally liable is also civilly liable.
_________ 40. An obligation with a resolutory condition becomes effective upon the happening of the
event which constitutes the condition.
_________ 41. If the debtor knew the impossibility of things and services, he will be liable for damages.
_________ 42. The obligor is the active subject in an obligation.
_________ 43. A contract with a minor in the Philippines is generally voidable at the minor's option.
_________ 44. When there is mutual mistake, either party or the successor in interest may ask for
reformation.
_________45. Impossible things or services can be the object of contracts.
PART III
ESSAY. Answer the question in a brief and concise manner. Write your answer in the space/s provided.
Answers without reasons or justifications will not be given credit/s.
46-50. Case analysis: Mr. A gave Mr. B a parcel of land on the condition that B will never go to the
casino. A month later, B went to the casino. What happens to A’s obligation? Explain. (5 points)
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51-55. Chuckie, the payee of a check for P10,000 cashes it with VPI drawee bank. However, Bob the bank
teller mistakenly gave him P 11,000. What is the obligation of Chuckie? (5 points)
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56-60. What is the effect of fortuitous events to an obligation to deliver an indeterminate thing? Give one
example of an obligation to deliver an indeterminate thing. (5 points)
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