B, while drunk, accepted a passenger in his taxicab.

B then drove the taxi recklessly, and

inevitably, it crashed into an electric post, resulting in serious physical injuries to the passengers.
One of the passengers then filed a suit for tort against B’s operator, A, but A raised the defense
of having exercised extraordinary diligence in the safety of the passenger. Is his defense
tenable?

No, as B, the common carrier’s employee, was obviously negligent due to his intoxication.

Yes, as a common carrier can rebut the presumption of negligence by raising such a defense.

No, as in quasi-delict actions, the proper defense is due diligence in the selection and supervision
of the employee by the employer.
You Answered

Yes, as a common carrier can invoke extraordinary diligence in the safety of passenger in quasi-
delict cases.

Question 2
Defense of a good father of a family in the selection and supervision of employee is a proper and
complete defense in:
You Answered

Culpa aquiliana and culpa criminal

Culpa contractual

Culpa criminal

Culpa aquiliana

Question 3
The debtor shall lose the right to make use of the period in the following cases, except:

When he violates any undertaking in consideration of which the creditor agreed to the period.
You Answered

When he becomes insolvent.

When the debtor attempts to abscond.

When he does not furnish any guaranty or security to the creditor.

Question 4
A, B, & C obligated themselves to deliver to X a specific and determinate car valued at
P600,000. Due to the fault of A, the car was not delivered to X causing the latter damages in the
amount of P9,000. Which is correct?

By specific performance. X can compel B & C to deliver 1/3 each of the car and A to pay
damages.

The action of X is converted into one for damages where he can hold B & C liable for P200,000
each and A for P209,000.

The action of X is converted into one for damages where he can hold liable A, B, & C for
P203,000 each.

The action being solidary and indivisible, only A can be held liable by X for P609,000.

Question 5
D is under obligation to deliver to C either a cow or a carabao or a horse. Due to the fault of D,
the cow, the carabao, and the horse are lost in that order. The obligation of D is to pay damages
to C:

On the basis of the value of the carabao.

You Answered

On the basis of the value of any animals due at the choice of D.

On the basis of the value of the horse or the last thing that was lost through his fault.

On the basis of the value of the cow.

Question 6
C bought a business class ticket from D Airlines. As she checked in, the manager downgraded
her to economy on the ground that a Congressman had to be accommodated in the business class.
C suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-
delict but D Airlines countered that, since her travel was governed by a contract between them,
no quasi-delict could arise. Is the airline correct?

No, denying C the comfort and amenities of the business class as provided in the ticket is a
tortious act.

Yes, since the facts show a breach of contract, not a quasi-delict.

Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the
parties.
Correct!

No, the breach of contract may in fact be tortious as when it is tainted as in this case with
arbitrariness, gross bad faith, and malice.

Question 7
Which obligation is not valid?

“I promise to give you P100,000 if your pet dies.”

Correct!

“I promise to give you P100,000 if I go to Bangkok this weekend.”

“I promise to give you P100,000 if you pass Obligations and Contracts this Semester of AY
2022-2023.”

“I promise to give you P100,000 on December 25, 2023.”

Question 8
A, a minor, B and C wrote and signed a promissory note which states “I promise to pay D
P30,000.” At the maturity date of the note, how much may D validly collect from C if B
becomes insolvent?

P15,000

You Answered

P10,000

P20,000

P30,000

Question 9
A has an obligation to deliver a specific cellphone to B but a specific laptop may be substituted
in lieu of the specific cellphone. Who has the right of choice in this type of obligation?

Always B

You Answered
B, unless there is stipulation to the contrary

Always A

A, unless there is stipulation to the contrary

Question 10
A has an obligation to pay P100,000 to B but the obligation states that “A will pay the obligation
when his means permit him to do so.” Which of the following statements is correct?

The obligation is due and demandable.

You Answered

The obligation is subject to a suspensive condition.

The obligation is subject to a resolutory period.

The court may fix the suspensive period of the obligation.

Question 11
The following are the requisites of fortuitous event, except:

Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal
manner; impossibility must be absolute not partial, otherwise not force majeure.
Correct!

Debtor contributed to the aggravation of the injury to the creditor.

The event is unforeseeable or unavoidable.

Cause is independent of the will of the debtor.

Question 12
A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event
in any of the following instances, except:

The thing to be delivered is generic.

You Answered

The debtor is guilty of dolo, malice or bad faith.

The debtor has promised the same thing to two or more persons who do not have the same
interest.

The debtor contributed to the loss.

Question 13
A, B, and C are solidarily debtors of X. Twelve (12) years after the obligation became due and
demandable, A paid X and later on asked for reimbursement of B’s and C’s shares. Is A correct?
Why?
You Answered

No, because in solidary obligation, any one of the solidary debtors can pay the entire debt.

No, because the obligation has already prescribed.

Yes, because B and C will be unduly enriched at the expense of A.

Yes, because the obligation is solidary.

Question 14
A and B entered into a contract for A to manufacture boxes to be used by B for his export
business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated
follow-ups of the immediate production of the boxes. B filed a complaint for reimbursement of
the P2M. Which is correct?

The action will prosper because in reciprocal obligations rescission is implied in case of non-
performance.

The action will prosper, otherwise, A will enrich himself at the expense of B.
You Answered

The action will not prosper because of lack of demand by B for A to fulfill his obligation.
The action will prosper because the follow-up is the equivalent of demand to comply.

Question 15
A, by virtue of a written agreement, agreed to deliver to X a car on a specified date provided the
latter pays the former P1 million. Which is correct?

The active subject is X; the passive subject is A; the prestation is the delivery of the car and the
juridical tie is law.

The prestation is the car; X is the active subject; A is the passive subject and the juridical tie is
the contract.
Correct!

The passive subject is A; the active subject is X; the prestation is the delivery of the car and the
juridical tie is the contract.

The active subject is A; the passive subject is X; the juridical tie is the law and the prestation is
the giving of the car.

Question 16
The quasi-contract of negotiorum gestio requires the following. Which is the exception?

Someone voluntary takes charge of that abandoned business or property.

The owner must consent to the management of his business or property by someone.
You Answered

The owner has the obligation to reimburse the expenses of the person who takes charge of his
business or property.

There must be an abandoned or neglected property or business.

Question 17
Pedro receives a package via Federal Express. When he opened the package he realized that the
same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The
obligation of Pedro to give the package to Pablo arises from:
solutio indebiti

moral obligation

law

contract
Question 18
Pedro borrowed money from Jose, payable on November 26, 2022. On the due date of the
obligation, Pedro failed to pay. On December 30, 2022, Pedro paid the debt. Which is correct?
You Answered

Pedro is in default.

Pedro is liable for interest.

Pedro is not in default.

Pedro is liable for penalty.

Question 19
Pedro promised to give Jose an orchard planted with mango trees on November 30, 2022. Before
November 30, 2022, what right does Jose have over the orchard?

Jose has a real right.

Jose has a personal right.

Correct!

Jose has no right.

Jose has both a personal and a real right.

Question 20
On June 5, 2022, Jose was supposed to deliver to Ruben a specified red car. There was no
delivery however, on said date. On June 15, 2022, the garage of the car collapsed because of an
earthquake and the car was totally destroyed. Is Jose liable?

No, because he could plead impossibility of performance due to a fortuitous event even if he is in
default.
You Answ
Yes, because Jose is in legal delay.

Yes, because there is a perfected contract.

No, because there was no demand and the car was lost through a fortuitous event.
Question 21
A 1994 Toyota Car is an example of a specific thing.

Cannot be determined

It depends

Correct!

False

True

Question 22
Where the penalty takes the place of indemnity for the damages and for the payment of interest.
You Answered

Where there is stipulation to the effect that damages or interest may still be recovered, despite
the presence of the penalty clause.

When the debtor is guilty of fraud or dolo in the fulfillment of the obligation.

Where there is breach of the obligations.

When the debtor refuses to pay the penalty imposed in the obligation.

Question 23
A condition, if imposed on an obligation, will be disregarded and will therefore make the
obligation immediately demandable:

If Juan will not rise from the dead

You Answered

If Juan kills Pedro

If Juan injures himself

If Juan passes the bar examination

Question 24
A and B entered into a contract, subject to the condition that in case the Senate will not concur in
to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or
fortuitous event as a ground to exempt himself from liability?

Yes, because of the binding effect of contracts.

No, because A assumed the risk.

No, because it is not an act of God.

Correct!

Yes, because while the non-concurrence is foreseeable, it is beyond their control.

Question 25
ABS-CBN entered into a contract with Papa P under certain terms and conditions. Both parties
violated their contract, to the extent that Papa P transferred to another station despite the
contract.

ABS-CBN can rescind the contract because of material breach committed by Papa P.

The court will not rescind the contract, but will just temper the award of damages in its
judgment.

Papa P can rescind the contract due to violations committed by ABS-CBN.

Correct!

The court will not grant rescission because of mutual breach.