the fulfillment of which will extinguish an

SET A obligation (or right) already existing.

OBLIGATIONS AND CONTRACTS MIDTERM a. Condition subsequent
b. Suspensive
Multiple Choice Questions in Obligations and Contracts c. facultative condition
d. positive condition
1. It is the juridical relation resulting from lawful,
voluntary, and unilateral acts by virtue of which 9. When the thing deteriorates with the debtors
the parties become bound to each other to the fault, the creditor may choose one of the
end that no one shall be unjustly enriched or following:
benefited at the expense of another. a. Mutual restitution
a. Agreement b. Rescission (cancellation) of the
b. Vinculum juris obligation with indemnity for
c. Contracts damages
d. Quasi-Contracts c. Suffer the deterioration of the thing
d. Institute an action for negligence.
2. This takes place when something is received
when there is no right to demand it, and it was 10. It is a future and certain event upon the arrival of
unduly delivered thru mistake. which the obligation (or right) subject to it either
a. Solutio Indebiti arises or is terminated.
b. Negotiorum Gestio a. Fortuitous events
c. Vinculum juris b. Condition
d. Prestation c. Period
d. Date and time
3. This happened when the creditor make a
demand and the obligor fails to deliver the thing. 11. A wife was about to deliver a child. Her parents-
a. Negligence in-law called the doctor. Who should pay the
b. Mora solvendi doctor?
c. Mora accipiendi a. Wife
d. Compensatio morae b. Husband
c. Doctor himself
4. Demand is not necessary to incur delay when: d. Parents
a. Creditor refuses the performance
without just cause. Choices for item no. 12 to 32.
b. The debtor is guilty of non-performance. a. Law
c. Time is the controlling motive b. Contracts
d. If the obligation bears interest c. Quasi-contracts
d. Crimes
5. In what instance may we consider that there is e. Quasi-delict
no delay?
a. In civil obligations 12. The duty to repair damage due to negligence.
b. In positive obligation 13. The duty to return the stolen carabao
c. In obligation arising from crime 14. Duty to refund an over change of money.
d. In natural obligation 15. The duty to pay taxes.
16. The duty to support ones family.
6. In Accion subrogatoria the creditor may exercise 17. The duty of PDIC to pay up to PhP 500,000 to
all of the rights and bring all of the actions which depositors of an insolvent bank.
the debtor may have against third persons if: 18. The borrower agreed to pay his debt according
a. If the account is personal to the loan agreement.
b. The debtor's acts are fraudulent 19. I give you that you may give.
c. The debtor has performed an act 20. Undue payment.
subsequent to the contract, giving 21. Paying the vendor on the deed of sale
advantage to other persons 22. A tax-exempt paid BIR an income tax.
d. Creditor must have the right of return 23. During flood, property is saved from destruction
against debtor by another person without the knowledge of the
owner, the latter is bound to pay the former just
7. In Accion Pauliana Rescission, which involves compensation.
the right of the creditor to attack or impugn by 24. Any person who is constrained to pay the taxes
means of rescissory action any act of the debtor of another demanding reimbursements.
which is in fraud and to the prejudice of his 25. The obligation of husband to support wife
rights as creditor provided: financially.
a. The debt is due and demandable 26. In the exercise of his rights and in the
b. There is a failure of the debtor to collect performance of his duties, act with justice.
his own debt from 3rd persons either 27. In the exercise of his rights and in the
through malice or negligence performance of his duties give everyone his due.
c. The debtor's assets are insufficient 28. In the exercise of his rights and in the
d. The debtor has performed an act performance of his duties, observe honesty and
subsequent to the contract, giving good faith.
advantage to other persons 29. Returning the excess change from sari-sari
store.
8. It causes the extinguishment or loss of rights 30. Damages from libel case.
already acquired upon the fulfillment of the 31. A borrower agreed to pay his debt and in case of
condition, that is, the happening of the event non-payment, to sue for damages.
which constitutes the condition. In other words, 32. Collection of debts filed in court.
33. Civil obligations arising from criminal offenses 41. "A sells to B his lot and house in the city if A
shall be governed by decides to transfer and live in the countryside" is
a. Penal laws an example of:
b. Labor laws
c. Constitution a. Mixed Condition
d. Civil law b. Potestative Condition
c. Casual Condition
34. Proper diligence of a good father of a family d. Resolutory Condition
means __.
a. Extra-ordinary care 42. It is a mode of extinguishing an obligation when
b. Ordinary care two persons in their own right are creditors of
c. Utmost care each other.
d. Exceptional care
a. Confusion
35. A priest, Fr. Farell Onganiza, was the custodian b. Reformation
of certain charity funds (P 6, 641) which he c. Compensation
deposited together with his personal account of d. Novation
P19,000 deposited in Lawis Bank of Misamis
shortly before the Japanese invasion of the 43. A contract is in the stage of conception when:
Philippines. During the war, Onganiza became a
political prisoner and his bank was confiscated a. There is meeting of the minds.
on the ground that they were being used for b. Negotiations are in progress.
revolutionary purposes. Is he liable for the loss c. The parties come to an agreement.
of the trust fund? d. The contract is perfected.
a. Yes, because he deposited it together
with his personal account. 44. 9. If the obligor binds himself to perform his
b. Yes, because it happened during the obligation as soon as "he shall have obtained a
war. loan" from a certain bank, this obligation is:
c. No, since it is as if the money was taken
from him by force. a. With a Term
d. No, because he deposited it with his b. Conditional
personal account. c. Suspensive
d. Resolutor
36. . When the debtor binds himself to pay when his 45. 10. Contracts entered into in a state of
means permit him to do so, the obligation is: drunkenness or during a hypnotic spell are:
a. Conditional
b.. Pure a. Void
c. Simple b. Valid
d. With a Period c. Voidable
d. Legal
37. Contracts which cannot be sued upon unless
ratified, thus it is as if they have no effect yet
are: 46. 11. Delay in the giving or delivering of a thing
a. Voidable
b. Rescissible a. Mora solvendi ex re
c. Void b. Mora solvendi ex persona
d. Unenforceable c. Mora accipiende ex re
d. Mora accipiende ex persona

38. If the obligation of the debtor is "I will pay you 47. Which of the following statements is false?
my debt after I have arrived from abroad," this is
a. Unenforceable a. Obligations to give definite things and those
b. With a Period that are not susceptible of partial performance
c. Void shall be deemed divisible.
d. Conditional b. Execution of a certain number of days of work
shall be divisible.
39. When the characters of the creditor and the c. Accomplishment of work by metrical units are
debtor are merged in one and the same person, divisible
there is extinguishment of the obligation by: d. An obligation to pay a certain amount in ten
a. Compensation annual installments is divisible.
b. Merger of Rights
c. Novation 48. This contract is without effect unless ratified:
d. Remission
a. Marriage between first degree cousins
40. Through insidious words or machinations, A was b. Contract of sale between two insane persons
able to induce B to enter into a contract which c. Contract of sale between husband and wife
without them B would not have agreed to it. d. Donation between husband and wife
There is:
a. Undue Influence 49. Which of the following contracts is not void ab
b. Fraud initio?
c. Mistake
d. Misrepresentation a. Those whose object is outside the commerce
of men
b. That whose object did not exist at the time of
transaction
 c. That which contemplates an impossible 63. Obligations for whose fulfillment a day certain
service has been fixed, shall be demandable only when
d. That which is undertaken in fraud of creditors that day comes.
64. Anything paid or delivered before the arrival of
50. The creditor has a right to the fruits of the thing
the period, the obligor being unaware of the
from the time the obligation to deliver it arises.
period or believing that the obligation has
However,
become due and demandable, may be
a. he shall acquire no real right over it until
recovered, without the fruits and interests.
the same has been delivered to him.
b. He may compel the debtor to make the 65. If the obligation does not fix a period, but from its
delivery. nature and the circumstances it can be inferred
c. the same shall be executed at his cost. that a period was intended, the courts cannot fix
d. Any waiver of an action for future fraud the duration thereof.
is void.
66. Obligations with a resolutory period take effect
51. Obligations arising from contracts have the force at once, but terminate upon arrival of the day
of law between the contracting parties and certain.
should be complied with in _____. 67. In every case, the courts shall determine such
a. All honesty period as may under the circumstances have
b. Good faith been probably contemplated by the parties.
c. Utmost care Once fixed by the courts, the period can still be
d. Justly changed by them.

Choices for 40-72

a. True 68. When the debtor binds himself to pay when his
b. False means permit him to do so, the obligation shall
c. It depends be deemed to be one with a period.
d. None of the
above
69. When the fulfillment of the condition depends
upon the sole will of the debtor, the conditional
52. Every person obliged to give something is also
obligation shall be void.
obliged to take care of it with the proper
diligence of a good father of a family, the law or
the stipulation of the parties requires another 70. The condition that some event happen at a
standard of care, shall be void. determinate time shall extinguish the obligation
53. If a person obliged to do something fails to do it, as soon as the time expires or if it has become
the same shall be executed at his cost. indubitable that the event will not take place.

54. When the obligation consists in not doing, and 71. In case both parties have committed a breach of
the obligor does what has been forbidden him, it the obligation, the liability of the first infractor
shall also be undone at his expense. shall be equitably tempered by the courts. If it
cannot be determined which of the parties first
55. Responsibility arising from fraud is demandable violated the contract, the same shall be deemed
in all obligations. Any waiver of an action for extinguished, and each shall bear his own
future fraud is void. damages.
56. Responsibility arising from negligence in the 72. Impossible conditions, those contrary to good
performance of every kind of obligation is not customs or public policy and those prohibited by
demandable, but such liability may be regulated law shall not annul the obligation which depends
by the courts, according to the circumstances. upon them.

57. Subject to the laws, all rights acquired in virtue 73. When the debtor binds himself to pay when his
of an obligation are transmissible, if there has means permit him to do so, the obligation is:
been no stipulation to the contrary. a. Conditional
b. Pure
58. Every obligation whose performance does not c. Simple
depend upon a future or uncertain event, or d. With a Period
upon a past event unknown to the parties, is
demandable at once. 74. If the obligation of the debtor is "I will pay you
my debt after I have arrived from abroad," this is
59. Every obligation which contains a resolutory
a. Unenforceable
condition shall also be demandable, without
b. With a Period
prejudice to the effects of the happening of the
c. Void
event.
d. Conditional
60. The condition not to do an impossible thing shall
be considered as having been agreed upon. 75. Through insidious words or machinations, A was
able to induce B to enter into a contract which
61. The condition shall be deemed fulfilled when the without them B would not have agreed to it.
obligor involuntarily prevents its fulfilment. There is:
62. Obligations for whose fulfilment a day certain a. Undue Influence
has been fixed, shall be demandable only when b. Fraud
that day comes. c. Mistake
d. Misrepresentation
76. A sells to B his lot and house in the city if A a. Expressly
decides to transfer and live in the countryside" is b. Impliedly
an example of: c. According to the contract
a. Mixed Condition d. By law
b. Potestative Condition
c. Casual Condition 85. Rodrigo will give Leila this car or this ring or this
d. Resolutory Condition fountain pen. Rodrigo does not have to give
Leila all the three things enumerated. The giving
77. If the obligor binds himself to perform his is sufficient to satisfy the obligation. May
obligation as soon as "he shall have obtained a Rodrigo compel Leila to accept half of the car
loan" from a certainbank, this obligation is: and half of the ring(hence, establishing co-
a. With a Term
owneship)?
b. Conditional
a. Yes, she can be compelled to accept
c. Suspensive
d. Resolutory according to the law.
b. No, she cannot be forced to accept
78. Delay in the giving or delivering of a thing Creditor cannot be compelled to receive
a. Mora solvendi ex re part of one and part of the other
b. Mora solvendi ex persona undertaking..
c. Mora accipiende ex re c. Yes, she cannot be forced to accept
d. Mora accipiende ex persona Creditor can be compelled to receive
part of one and part of the other
79. Petitioners committed a breach of obligation in undertaking..
their refusal to pay a sum of money loaned. d. It depends upon the case.
Owing to said breach, may compensatory
damages be awarded? 86. The debtor shall have no right to choose those
a. Yes, by way of an interest of 12% per prestations which are impossible, unlawful or
annum to be computed from default. which could not have been the object of the
b. Yes, by way of an interest of 6% per obligation.
annum to be computed from default. a. Agree
c. Yes , in an interest to be agreed upon b. Disagree
by parties. c. Not really
d. No, there is no interest in compensatory d. This argument is lacking.
damages.
87. A is bound to give B a pack of (1)shabu, or a (2)
80. Responsibility arising from fraud is demandable bottle of milk taken from a goat, or a (3)
in all obligations. Any waiver of an action for particular cigarette case, or a (4) particular
future fraud is _____. fountain pen. What can A choose only?
a. Valid a. 1 and 2
b. Void b. 1 and 4
c. Voidable c. 3 and 4
d. Unenforceable d. 4 only

81. When only one prestation has been agreed 88. I will support you, beginning the first day of next
upon, but the obligor may render another in year. Here, the obligation only becomes
substitution, the obligation is called ___. effective on the day stipulated.
a. Alternative a. Period ex die
b. Facultative b. Period ex diem
c. Conditional c. Definite
d. Resolutory d. Indefinite

82. D will give object No. 1 or object No. 2. If object 89. I will support you from the time X marries.
No. 1 is lost by fortuitous event, D will have to a. Period ex die
give object No. 2. b. Period ex diem
a. Alternative c. Conditional
b. Facultative d. with a term
c. Conditional 90. Ang Bu ordered goods from Dik Ah. The goods
d. Resolutory were supposed to be paid for when they arrived
from the U.S. it was proved that for the goods to
83. Farell Cabrera will give item 1 but if Farell wants, be able to leave the US, the US Government
he may give item 2 to Joey Relacion. If item 1 is had to give a certificate of priority and
lost by a fortuitous event, the obligation is permission; otherwise, the goods would have to
extinguished because the principal object has remain in the US. Hence, the arrival of the
been lost, then Farell does not have to give item goods to Manila is a condition being uncertain.
2. Why?
a. Alternative a. The ship might sank in the sea
b. Facultative b. The requirements had to be complied
c. Conditional with first.
d. Resolutory c. It will still need approval by the US.
d. Ang Bu will still have to communicate
84. The right of choice belongs to the debtor, unless with Dik Ah.
it has been granted to the creditor.