Prelim Quiz 1

Question 1
1 / 1 pts
Every person obliged to give something is also obliged to take care of it with the
proper extraordinary diligence, unless the law or the stipulation of the parties
requires another standard of care.

True
Correct!
False

Question 4
1 / 1 pts
The creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises.

Correct!
True
False

Question 5
0 / 1 pts
A person shall acquire no right over a fruit of a thing until the same has been
delivered to him.

You Answered
True
Correct Answer
False

Question 6
0 / 1 pts
The very difference between fraud and negligence is intent.

Correct Answer
True
You Answered
False

Question 7
1 / 1 pts
When what is to be delivered is a determinate thing, the creditor may compel the
debtor to make the delivery.

Correct!
True
False

Question 8
0 / 1 pts
If the thing is indeterminate or generic, he may ask that the obligation be
complied with at the expense of a third person.

You Answered
True
Correct Answer
False
Question 9
0 / 1 pts
Fortuitous events include only acts of god but not acts of men.

You Answered
True
Correct Answer
False

Question 10
1 / 1 pts
If the obligor delays, or has promised to deliver the same thing to two or more
persons who do not have the same interest, he shall be responsible for any
fortuitous event until he has effected the delivery.

Correct!
True
False

Question 11
1 / 1 pts
The obligation to give a determinate thing includes that of delivering all its
accessions and accessories if mentioned.

True
Correct!
False

Question 12
0 / 1 pts
If a person obliged to do something fails to do it, there is no other remedy except
payment of damages.

You Answered
True
Correct Answer
False

Question 13
0 / 1 pts
In culpa contractual, the basis of liability is the negligence itself.

You Answered
True
Correct Answer
False

Question 14
0 / 1 pts
When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall be undone at his expense. However, this rule may not apply
in obligations to do.

You Answered
True
Correct Answer
False
Question 15
1 / 1 pts
Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their
obligation.

Correct!
True
False

Question 16
1 / 1 pts
Demand is not necessary for delay to exist when the obligation or the law expressly
so declare.

Correct!
True
False

Question 17
0 / 1 pts
In reciprocal obligations, neither party incurs in delay if the other does not
comply or is not ready to comply in a proper manner with what is incumbent upon
him. From the moment one of the parties fulfills his obligation, he must make a
demand for delay by the other party to begin.

You Answered
True
Correct Answer
False

Question 18
1 / 1 pts
Latin term for delay

Correct!
Mora
Correct Answers
mora
Mora

Question 19
1 / 1 pts
Latin term for fraud

Correct!
Dolo
Correct Answers
Dolo
dolo

Question 20
1 / 1 pts
Latin term for negligence

Correct!
Culpa
Correct Answers
culpa
Culpa

Question 21
1 / 1 pts
Latin term for negligence arising from breach of contract

Correct!
Culpa Contractual
Correct Answers
culpa contractual

Question 22
1 / 1 pts
Latin term for delay on the part of both debtor and creditor at the same time

Correct!
Compensatio Morae
Correct Answers
compensatio morae

Question 23
1 / 1 pts
Latin term for the right to impugn contracts entered to defraud creditors

Correct!
Accion pauliana
Correct Answers
accion pauliana

Question 24
0 / 1 pts
Latin term for the right to be subrogated on all the rights of the debtor.

You Answered
Accion subgrogatoria
Correct Answers
accion subrogatoria

Question 25
0 / 1 pts
Latin term for the wrong that causes injury to another

You Answered
damnum
Correct Answers
tort

Question 26
1 / 1 pts
Latin term for voluntary administration of a property without the owner’s consent

Correct!
Negotiorum gestio
Correct Answers
negotiorum gestio

Question 27
0 / 1 pts
Latin term for "whenever you received something you are not entitled to demand, you
have the obligation to return it'

You Answered
obligacion
Correct Answers
solutio indebiti

Question 28
0 / 1 pts
A source of obligation that refers to any act or omission punishable by law

You Answered
Felony
Correct Answers
delicts
delict

Question 29
1 / 1 pts
Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. This refers to the sources of
obligations.

You Answered
Quasi maleficio
Correct Answers
quasi ex delicto
quasi-delict
quasi-delicts
quasi ex-delicto
culpa aquiliana
quasi – delict
quasi delict

Question 30
1 / 1 pts
Certain lawful, voluntary and unilateral acts give rise to the juridical relation
of quasi-contract to the end that no one shall be unjustly enriched or benefited at
the expense of another.

You Answered
Quasi contracto
Correct Answers
quasi contract
quasi-contrac
quasi contracts
quasi-contracts
quasi – contract

Question 31
1 / 1 pts
An act or omission which causes damages to another, there being fault or negligence
and there being no pre-existing contractual relationship between the parties.
You Answered
Quasi Maleficio
Correct Answers
quasi delicts
quasi ex-delicto
quasi – delict
quasi delict
quasi-delict
culpa aquiliana
quasi-delicts
quasi ex delicto

Question 32
0 / 1 pts
Negligence in the performance of obligations arising from contracts resulting to
injury.

You Answered
Culpa aquiliana
Correct Answers
culpa-contractual
culpa contractua

Question 33
1 / 1 pts
It is a wrong committed without any pre-existing relations between the parties.

Quasi-contract
Correct!
Quasi-delict
Crime
Natural obligation

Question 34
0 / 1 pts
In delict or acts or omissions punished by law, what is not included in civil
liability?

Correct Answer
Interest
Reparation of the damaged caused
You Answered
Restitution
Indemnification for consequential damages

Question 35
0 / 1 pts
It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and
of common observance and benefit.
 Memorandum of agreement
Correct Answer
Law
You Answered
Obligation
Contract

Question 36
1 / 1 pts
It is a juridical relation whereby a person may demand from another the observance
of a determinative conduct, and in case of breach, may demand satisfaction from the
assets of the latter.

Contract
Law
Correct!
Obligation
Action

Question 37
1 / 1 pts
A system of norms or rules of a character general and common which regulate the
relations of persons, individual or collective, and which protects the person in
his personality as well as his interest both moral and patrimonial.

Business law
Taxation law
Criminal law
Correct!
Civil law

Question 38
1 / 1 pts
It is a claim or title to an interest in anything whatsoever that is enforceable by
law.

Correct!
Right
Property
Warranty
Receivable

Question 39
0 / 1 pts
The following are examples of vinculum, except

Correct Answer
Relation established by natural obligation
Relation established by contract
 Relation established by quasi-contract
You Answered
Relation established by law

Question 40
1 / 1 pts
Which of the following statements concerning obligations arising from law is
incorrect?

The obligations and correlative rights arising from law shall be governed by the
law by which they are created.
Correct!
The obligations derived from law presumed.
Only obligations expressly determined in the Civil Code or in special laws are
demandable.
The law cannot exist as a source of obligations, unless the acts to which its
principles may be applied exist.

Question 41
1 / 1 pts
The following are the essential elements of an obligation, except:

Debtor
Juridical tie
Correct!
Presentation
Creditor

Question 42
0 / 1 pts
It is a source of an obligation that refers to any act or omission punishable by
law.

Quasi-delict
You Answered
Quasi-contract
Contract
Correct Answer
Delict

Question 43
0 / 1 pts
I. If the thing is determinate, the debtor can be compelled to deliver the thing
promised and upon failure, the creditor has a right to ask for damages.

II. If the object is generic and the debtor does not comply with the obligation,
the creditor can ask a third person to comply with the prestation at the expense of
the debtor, plus damages.

You Answered
True; False
 False; True
Correct Answer
True; True
False; False

Question 44
0 / 1 pts
The obligor is not liable for a fortuitous event when

He promised to deliver the same thing to two or more persons.

You Answered
The object is generic.
There is default or mora on his part.
Correct Answer
The object is determinate.

Question 45
0 / 1 pts
One is not a requisite needed in order that the obligation shall be extinguished by
loss or destruction of the thing due:

When the thing is lost before the debtor has incurred in delay.
Correct Answer
When the thing lost is generic.
You Answered
When the thing lost is specific.
When the thing is lost without the fault of the debtor.

Question 46
0 / 1 pts
Statement 1: Delay or mora in one of the sources of obligation.

Statement 2: There is no delay in an obligation not to do.

True; True
False; False
You Answered
True; False
Correct Answer
False; True

Question 47
0 / 1 pts
Demand is not needed to put debtor in default except

Correct Answer
When the thing is lost due to fortuitous event.
When the law so provides.
You Answered
When demand would be useless as when the obligor has rendered it beyond his power
to perform.
 When time is of the essence of the contract.

Question 48
1 / 1 pts
Who is liable for the loss of the subject matter by fortuitous event?

Both creditor and debtor

Correct!
None of them.
Debtor
Creditor

Question 49
1 / 1 pts
When the subject matter of the contract is lost through a fortuitous event, who is
liable?

Both creditor and debtor

Correct!
None of them
The creditor
The debtor

Question 50
0 / 1 pts
No person shall be responsible for events which could not be foreseen, or which,
though foreseen, were inevitable, except:

You Answered
When the nature of the obligation requires the assumption of risk.
Correct Answer
All of the above.
When the law expressly provides for the debtor’s liability even in cases of
fortuitous events.
When the debtor is guilty of delay.
When the subject of the obligation is a generic thing.

Question 51
0 / 1 pts
D obliged himself to give a specific house to C on April 15, 2010, stipulating that
D is liable even if the house is lost through a fortuitous event, and without the
need of a demand. On the due date, the house was destroyed by a typhoon. Which of
the following is correct?

Correct Answer
The obligation remains to subsist but converted into monetary consideration.
C can compel D to deliver another house.
The obligation is totally extinguished.
You Answered
C can require another person to deliver a house at the expense of D.
Question 52
0 / 1 pts
A bound himself to deliver a determinate horse to B on January 15, 2011. On January
16, 2011 the horse was struck and killed by a lightning.

Correct Answer
A’s obligation is extinguished.
You Answered
B may claim damages from A.
A has the obligation to replace the horse.
A is liable for the loss of the horse because he was in delay.

Prelim Quiz No. 2

Question 1
0 / 1 pts
There is no negotiorum gestio in one of these instances:

I. When the property or business is not neglected or abandoned.

II. If in fact the manager has been tacitly authorized by the owner.

Only I is true
You Answered
Both are false
Correct Answer
Both are true
Only II is true

Question 4
0 / 1 pts
A obliged himself to deliver a specific cow to B which will be butchered and served
to the latter’s guest on the occasion of his wedding on June 20. On June 20 A did
not deliver the cow. The following day, it was killed due to a flood that occurred
in their place.

A is obliged to replace the cow.

A’s obligation has been extinguished.
Correct Answer
A is liable for the loss of the cow because he was in delay.
You Answered
A is not liable because the cause of the loss is a fortuitous event.

Question 5
1 / 1 pts
Synonymous to obligor

I. Creditor
II. Active subject
III. Debtor
IV. Passive subject

II and III
I and IV
I and II
Correct!
III and IV

Question 6
1 / 1 pts
It is not a source of liability which will entitle the injured party to damages:

Contravention of the tenor of obligation.

Culpa aquiliana or negligence committed in the performance of a spontaneous act.
Mora or delay.
Correct!
Dishonesty, malice or bad faith in the performance of an existing valid
obligation.

Question 7
1 / 1 pts
A is obliged to deliver a Rolex watch to B on December 1, 2019.

In case of loss of the Seiko watch by negligence of A, A is liable in damages.

Correct!
A is not required to exercise the diligence of a good father of a family.
The obligation of A to B is not valid.
Before December 1, 2019, A has to take care of the Seiko watch with the diligence
of a good father of the family.

Question 8
0 / 1 pts
Which of the following is not one of the sources of liability for damages?

Fraud
You Answered
Delay
Negligence
Correct Answer
Dolo causante

Question 9
0 / 1 pts
In an obligation to deliver a generic thing:

Correct Answer
The debtor can choose which thing pertaining to the class to deliver.
You Answered
The debtor is not liable for fraud or delay or negligence in the performance of
the obligation.
The creditor has the right of choice.
Loss by fortuitous event extinguishes the obligation.

Question 10
1 / 1 pts
Which of the following is not an exception to the rule that “all rights acquired in
virtue of an obligation are transmissible”.

When the law prohibits the transmission of rights.

When the parties agreed against its transmission.
When the nature of the obligation is purely personal.
Correct!
When the obligation is real.

Question 11
0 / 1 pts
A binds himself to pay B P1,000 on December 10, 2019.

You Answered
If December 10 has elapsed but A has not paid B, A is in delay.
A shall be liable to pay B P1,000 plus legal interests.
Correct Answer
A is not in delay unless B has made a demand.
If the P1,000 is lost by fortuitous event the obligation is extinguished.

Question 12
1 / 1 pts
The duty not to recover what has been voluntarily paid although payment was no
longer required:

Moral obligation
Correct!
Natural obligation
None of the above
Civil obligation

Question 13
1 / 1 pts
A agreed to B not to construct a fence between their 2 houses.

This is a negative real obligation.

The obligation is not valid.
Correct!
A will never be in delay.
This is valid but cannot be enforced.

Question 14
1 / 1 pts
It is one of the essential elements of an obligation
 A maker or drawer
Money
A drawee
Correct!
An object or prestation

Question 15
1 / 1 pts
Not a source of liability for damages:

Correct!
Dolo causante
Dolo incidente
Culpa aquiliana
Mora accipiendi

Question 16
1 / 1 pts
Three of the following are requisites of an obligation. Which is the exception?

Efficient cause
Passive subject
Correct!
Delivery
Prestation

Question 17
0 / 1 pts
Unless the law or stipulation of the parties requires another standard of care, the
obligation to give a thing carries with it the obligation to take care of it with:

Extra-ordinary diligence
You Answered
Diligence of a good father of a family
Correct Answer
Ordinary diligence
Answer not given

Question 18
1 / 1 pts
The obligation of the employer to pay death benefits and funeral expenses for his
employee’s death while in the course of employment as sanctioned by the Workmen’s
Compensation Act is one that arises from:

Answer not given

Quasi-contracts
Contracts
Correct!
Law

Question 19
1 / 1 pts
The creditor has a right to the fruits of the thing from

Correct!
The time the obligation to deliver the thing arises.
The time the fruits are delivered.
The time the thing is delivered.
The time the sale is perfected.

Question 20
0 / 1 pts
Which of the following is not considered as quasi-contract?

Negotiorum gestio
You Answered
When the third person, without the knowledge of the debtor, pays the debt.
Reimbursement due the person who saved property during fire or storm without the
knowledge of the owner
Correct Answer
None of the above.
Solutio indebiti

Question 21
1 / 1 pts
Which of the following is a determinate thing?

A 2010 Mitsubishi adventure GSL Sport DSL.

A car.
A car owned by Pedro Cruz.
Correct!
A Toyota Revo Sport Runner with Plate No. XCS 888.

Question 22
1 / 1 pts
Culpa aquiliana as distinguished from culpa contractual

The negligence of the defendant is merely an incident in the performance of the

obligation.
Proof of due diligence in the selection and supervision of employees is not
available as a defense.
Correct!
The source of liability is the defendant’s negligent act or omission itself.
Proof of the contact and its breach is sufficient prima facie to warrant
recovery.

Question 23
1 / 1 pts
This juridical relation exists whenever someone voluntarily takes charge of the
agency or management of the business or property of another, without any power from
the latter.
Correct!
Negotiorum gestio
Correct Answers
negotiorum gestio

Question 24
1 / 1 pts
This juridical relation exists whenever something is received when there is no
right to demand it, and it was unduly delivered through mistake.

Correct!
Solutio indebiti
Correct Answers
solutio indebiti

Question 25
1 / 1 pts
Latin term for 'As if'.

Correct!
quasi
Correct Answers
quasi

Question 26
0 / 1 pts
When each person is liable for the whole, but so that a payment by one is payment
for all.

You Answered
dolo
Correct Answers
solidaria
in solidum
mancomunada solidaria
juntos o separadamente

Question 27
1 / 1 pts
Juridical necessity to give, to do, or not to do. (Latin Term)

Correct!
obligatio
Correct Answers
obligatio

Question 28
1 / 1 pts
Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. There is no pre-existing
contractual relation between the parties.

Negotiorum gestio
Quasi-contract
Correct!
Quasi-delict
Solutio indebiti

Question 29
1 / 1 pts
Which of the following is a civil obligation?

The obligation of a husband and wife to observe fidelity.

Correct!
X obliges himself to pay Y P10,000 on October 30, 2019.
The obligation of a catholic to hear mass every Sunday.
A is a debtor of B for P20,000 due on September 30, 1995.

Question 30
1 / 1 pts
The following are the requisites of an obligation, except

Efficient cause
Correct!
Demand
Prestation
Passive and active subject

Question 31
1 / 1 pts
Omission of the diligence which is required by the circumstances of person, place
and time.

Insanity
Ignorance
Impotence
Correct!
Negligence

Question 32
1 / 1 pts
The object or subject matter of the obligation

Correct!
Prestation
Active Subject
Passive Subject
Vinculum
Question 33
1 / 1 pts
The following except one, are included in civil liability. The exception is

Correct!
Starvation
Reparation
Restitution
Indemnification

Question 34
1 / 1 pts
The thing itself shall be restored, as a rule

Indemnification
Starvation
Correct!
Restitution
Reparation

Question 35
1 / 1 pts
The court determines the amount of damage taking into consideration the price of
the thing and its sentimental value to the injured person

Restitution
Correct!
Reparation
Starvation
Indemnification

Question 36
1 / 1 pts
The consequential damages suffered by the injured person and those suffered by his
family or third person by reason of the act.

Reparation
Restitution
Correct!
Indemnification
Starvation

Question 37
1 / 1 pts
Action to impugn or rescind acts or contracts done by the debtor to defraud the
creditors.

Accion subrogatoria
 Accion reinvindicatoria
Correct!
Accion pauliana
Accion quanti-minoris

Question 38
0 / 1 pts
Whenever delay is present for both creditor and debtor, there will be as if no
delay.

Correct Answer
True
You Answered
False

Question 39
1 / 1 pts
Those who in the performance of their obligations are guilty of fraud, negligence,
or delay, and those who in any manner contravene the tenor thereof, are liable for
damages.

Correct!
True
False

Question 40
0 / 1 pts
Responsibility arising from fraud is demandable in all obligations. Any waiver of
an action for fraud is void.

You Answered
True
Correct Answer
False

Question 41
1 / 1 pts
Responsibility arising from negligence in the performance of every kind of
obligation is also demandable, but such liability may be regulated by the courts,
according to the circumstances. Also, any waiver of an action for negligence is
valid.

Correct!
True
False

Question 42
1 / 1 pts
Generally, there is no delay when there is no demand.

Correct!
True
False

Question 43
0 / 1 pts
Diligence of a father of a good family is also known as ordinary diligence.

You Answered
 True
Correct Answer
False

Question 44
1 / 1 pts
Except in cases expressly specified by the law, or when the obligation consists in
giving an indeterminate thing, or when it is otherwise declared by stipulation, or
when the nature of the obligation requires the assumption of risk, no person shall
be responsible for those events which could not be foreseen, or which, though
foreseen, were inevitable.

Correct!
True
False

Question 45
0 / 1 pts
Usurious transactions shall be governed by the civil code.

You Answered
True
Correct Answer
False

Question 46
1 / 1 pts
There is no delay in obligations not to do.

Correct!
True
False

Question 47
0 / 1 pts
The receipt of the principal by the creditor without reservation with respect to
the interest, shall give rise to a conclusive presumption that said interest has
been paid.

You Answered
True
Correct Answer
False

Question 48
1 / 1 pts
The receipt of a later installment of a debt without reservation as to prior
installments, shall likewise raise a rebuttable presumption that such installments
have been paid.

Correct!
True
False

Question 49
1 / 1 pts
The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the
latter for the same purpose, save those which are inherent in his person; they may
also impugn the acts which the debtor may have done to defraud them.

Correct!
True
False

Question 50
1 / 1 pts
Subject to the laws, all rights acquired in virtue of an obligation are
transmissible, if there has been no stipulation to the contrary.

Correct!
True
False

Question 51
1 / 1 pts
In culpa aquiliana, there must be a pre-existing contractual relation between the
parties.

True
Correct!
False

Question 52
0 / 1 pts
A waiver for an action of future negligence is void.

You Answered
True
Correct Answer
False

Prelim Quiz no. 3

Question 1
0 / 1 pts
In three of the following cases, compensation cannot be claimed by the debtor
except:
By the debtor in an obligation arising from a penal offense
By the bailee in commodatum
Correct Answer
By the depositor in a contract of deposit
You Answered
By the person obliged to give support due by gratuitous title

Question 2
0 / 1 pts
Which of the following is not a requisite for a legal compensation?
You Answered
By the debtor in an obligation arising from a penal offense
 Both debts are due
Correct Answer
Both are liquidated and demandable
By the person obliged to give support due by gratuitous title

Question 3
0 / 1 pts
A owes B P1M guaranteed by X. In turn, B owes A P 0.5M. A failed to pay B and the
latter is now collecting from X.
Correct Answer
X can set up compensation as regards what B owes A
X cannot claim compensation against B because the latter owes him nothing
X shall be liable to B for 0.5M only if the latter agrees to the compensation
You Answered
X is liable to B for 1M because as guarantor he is liable for the debt of the
debtor in case of non-payment thereof

Question 4
0 / 1 pts
A owes B P1M guaranteed by C. B assigns his credit to X. X assigns his credit to Y.
Y assigns his credit to C, the guarantor. Does A have to pay C?
Correct Answer
Yes, because the guarantor has now become the creditor
No, because the guarantor is liable to the creditor B and not to debtor A
You Answered
No, because it is the obligation of the guarantor to pay the creditor for the
benefit of the debtor
Yes, because the guarantee has been extinguished by confusion or merger of rights

Question 5
1 / 1 pts
A owes B P1M. B owes A P0.5M. B assigned credit to C with the consent of A who
reserved his right to compensation.
A can claim compensation against C even without the reservation
Correct!
A can claim compensation against C as to what B owes him
A cannot claim compensation against C because he consented to the assignment
A cannot claim compensation against C without his consent

Question 6
0 / 1 pts
A owes B P1M due on January 1, 2001. B owes a P0.2M due on January 20, 2001 and
P0.3M due on March 2, 2001. B assigned the credit to C on February 2, 2001 without
the knowledge of A who obtained knowledge of the assignment of credit of February
4, 2001.
You Answered
A cannot claim compensation against C because of his knowledge of the assignment
Legal compensation cannot take place
Correct Answer
A can claim compensation up to P0.2M only
A can claim compensation of all the debts of B to him

Question 7
0 / 1 pts
A owes B P1M due on February 3, 2001. B owes A a lancer GSR worth P1M due on
February 4, 2001.
On February 4, 2001, A can claim compensation because both debts are now due
Correct Answer
 Legal compensation cannot take place
You Answered
The parties can agree on compensation only on February 4, 2001 when both debts
are due
On February 3, 2001, A cannot claim compensation because one of the debts is not
yet due

Question 8
0 / 1 pts
A owes B P1M with 12% interest. As agreed upon among the parties, the principal
amount shall be paid to B but the interest shall be given to C who accepted the
stipulation in his favor. Later, A and B agreed that instead of cash it shall be
parcel of land worth P1M.
The novation of the obligation shall also extinguish the accessory obligation to
pay the interest to C.
You Answered
With or without the consent of C, the obligation to give the interest to him is
also extinguished because of novation of the principal obligation
Correct Answer
In the absence of the consent of C to the novation, he is still entitled to the
interest
Since the parcel of land could not possibly earn interest, the obligation to pay
interest is extinguished

Question 9
0 / 1 pts
A owes B a sum of money and secured by a pledge on his car. Later, the car is found
in the possession of A.
You Answered
It is presumed that both the debt and pledge has been remitted
It is presumed that the debt is extinguished
It is presumed the debt of A has been condoned
Correct Answer
It is presumed that the pledge is condoned.

Question 10
1 / 1 pts
In which of the following is consignation alone without prior tender of payment not
valid to extinguish the obligation?
When two or more persons claim the same right to collect
Correct!
When with just cause, the creditor refuses to issue receipt
When the title of the obligation has been lost
When he is incapacitated to receive the payment at the time it is due.

Question 11
0 / 1 pts
Which of the following is not a requisite of payment by cession?
Correct Answer
The creditors become owners of the properties assigned to them
One debtor and two or more debtors
You Answered
The creditors are authorized to sell the properties of the debtor
The debtor is insolvent

Question 12
0 / 1 pts
Which of the following is not a requisite of dation en payment?
The creditor becomes owner of the property used as payment
Correct Answer
Acceptance of the creditor is not necessary
You Answered
One debtor and one creditor
Debtor is not necessary insolvent

Question 13
0 / 1 pts
D obtained a loan from C payable on or before December 31, 2002. Which of the
following statements is correct?
Correct Answer
D can pay before December 31, 2002.
C can demand payment from D on or before December 31, 2002
D can only pay the obligation on December 31, 2002.
You Answered
None of the above
C can demand payment from D even before December 31, 2002

Question 14
Original Score: 0 / 1 pts Regraded Score: 0 / 1 pts
This question has been regraded.
The obligation of Pedro in favor of Juan amounts to P30,000 payable on May 5, 2002.
On April 15, 2002 Ciriaco and Pedro agreed that Ciriaco will pay the obligation of
Pedro. Juan gave his consent to the said agreement. The change of the debtor in
this case is called:

You Answered
Substitution
Expromission
Correct Answer
Subrogation
Delegacio

Question 15
0 / 1 pts
X issued a promissory note to A amounting to P10,000. A purchased a computer from B
and he indorsed the promissory note to B. B indorsed the promissory note to C in
payment of his loan. C indorsed the said promissory note to X as payment for the
repair of his car. The obligation of X in this case is extinguished by:
Novation
Condonation or remission of debts
You Answered
Compensation or merger of rights
Correct Answer
Confusion or merger of rights

Question 16
0 / 1 pts
C bought the only car of D on February 15, 2002 and D agreed to deliver it to C on
April 30, 2002. They did not agree on the place of delivery. Where is the place of
delivery?
Domicile of the creditor
Where the car is on April 30, 2002
You Answered
Domicile of the debtor
Correct Answer
Where the car is on February 15, 2002

Question 17
1 / 1 pts
D has an obligation to deliver his only dog to C on October 16, 2001. The said dog
gave birth to 7 puppies. On October 16, 2001, D failed to deliver the said dog. Who
shall be the owner of the dog on October 16, 2001?
D because the delivery of the dog is dependent upon his will
Correct!
D because the dog is still in his possession
C because he has the right to demand its delivery
C because that is the agreed date of delivery

Question 18
1 / 1 pts
When the obligor binds himself to pay when his means permit him to do so, the
obligation is:
Pure
Conditional
Correct!
With a period
Facultative

Question 19
0 / 1 pts
A obtained a loan from B in the amount of P 10,000 payable on December 31, 2002
plus 10% interest. A won in the lotto and on March 30, 2002 he offered to pay his
loan to B plus P1,000 as interest but B refused to accept his payment. Which of the
following statements is correct?
You Answered
A can make consignation in court because B refused to accept his payment without
justifiable cause
B can be compelled to accept the payment if the interest will be increased
Correct Answer
A cannot compel B to accept his payment because the loan is not yet due.
B must accept the payment because it is complete

Question 20
0 / 1 pts
D has the obligation to give a two-year old black male dog to C on April 30, 2002.
On April 2, 2002, all of the dogs of D were hit by a lightning and they all died.
Therefore;
Correct Answer
D must still give a two-year old black male dog to C
C can only demand for damages from D
C can demand for the dog plus damages
You Answered
The obligation of D to C is extinguished

Question 21
1 / 1 pts
In alternative obligation, the right of choice belongs to:
Both the creditor and the debtor
The creditor
Correct!
The debtor
Third person

Question 22
0 / 1 pts
In facultative obligation the right of choice belongs to:
None of the above
You Answered
The debtor
Third person
Both the creditor and the debtor
Correct Answer
The creditor

Question 23
1 / 1 pts
The sources of liability for damages are the following except
Correct!
Solutio indebiti
Negligence
Fraud
Delay

Question 24
1 / 1 pts
When the fulfillment of the condition depends upon the sole will of the debtor, the
conditional obligation shall be:
Correct!
Void
Voidable
Valid
Unenforceable

Question 25
0 / 1 pts
Z obtained a loan from X on the amount of P10,000. Z promised to pay the said loan
as soon as possible. Two years had lapsed but the loan is still unpaid. The remedy
available to X is:
To attach the property of Z
To demand payment for damages
You Answered
To file an action against Z for collection of debt
Correct Answer
To ask the court to fix the period

Question 26
0 / 1 pts
A, B, and C are solidary creditors of D in the amount of P15,000. C demanded
payment from D. After the demand for payment by C, D in order to extinguish the
entire obligation may pay to:
Correct Answer
C only
You Answered
To either A or B
B only
A only

Question 27
1 / 1 pts
Dela Cruz obtained himself to deliver a determinate horse to Mary Jane on November
5. When the date of delivery of the horse arrived, the horse has already an
offspring. Dela Cruz is obliged to deliver the
Horse only
Dela Cruz can ask Mary Jane to pay the offspring
Correct!
Horse as well as the offspring
 Dela Cruz can refuse to deliver both the horse and the offspring

Question 28
1 / 1 pts
When the obligor voluntarily prevents the happening of the condition, it is deemed
that the condition is
Correct!
Constructively fulfilled
Constructively demandable
Constructively extinguished
Constructively nullified

Question 29
0 / 1 pts
A bound himself to deliver a determinate horse to B on January 14, 2002. On January
16, 2002, the horse was struck and killed by lightning.
You Answered
A is liable for the loss of the horse because he was in delay
A has the obligation to replace the horse
B may claim damages from A
Correct Answer
A’s obligation is extinguished

Question 30
0 / 1 pts
Payment by cession as distinguished from dation in payment
The debtor is not necessarily in a state of financial difficulty
The property is alienated by the debtor to the creditor in satisfaction of a debt
in money
Correct Answer
The effect is to release the debtor for the net proceeds of the things cede or
assigned
You Answered
What is delivered by the debtor is merely a thing to be considered as the
equivalent of the performance of the obligation

Question 31
0 / 1 pts
A owes B P20,000 which became due and payable last June 23, 2001. On that date A
offered B P10,000, the only money he then had but B refused to accept the payment.
A therefore met C, B’s 23 year-old son, to whom he gave the P10,000 with the
request that he turn the money to B. The money was stolen while in C’s possession.
How much may B still recover form A?
P0
Correct Answer
P 20,000
You Answered
P10,000
P15,000

Question 32
0 / 1 pts
If a third person pays an obligation, what are the rights which are available to
him if he pays the obligation with the knowledge and consent of the debtor?

First Answer – He can recover from the debtor the entire amount which he has paid

Second Answer – He is subrogated to all of the rights of the creditor

Correct Answer
Both are correct
You Answered
Only the first statement is correct
Only the second statement is correct
Both are wrong

Question 33
0 / 1 pts
A, B and C executed a promissory note binding themselves to pay P9,000 to X, Y and
Z. The note is now due and demandable. Can the creditors proceed against A alone
for the payment of the entire debt?
Correct Answer
No, each creditor can only collect P1,000 from A
Yes, either X, Y or Z can collect P9,000 from A
You Answered
Yes, since the promissory note is silent with respect to the rights of the
creditors, the obligation is presumed to be solidary
No, each creditors can collect only P3,000 from A

Question 34
0 / 1 pts
No person shall be held responsible by reason of fortuitous event except:
When the time is of the essence of the contract
When the nature of the obligation requires the assumption of risk
Correct Answer
When the obligation is purely personal in nature
You Answered
When demand would be useless

Question 35
0 / 1 pts
Indivisibility as distinguished from solidarity
Refers to the prestation which constitutes the object of the obligation
Correct Answer
Refers to the legal tie or vinculum
You Answered
When the obligation is converted into one of the indemnity for damages because of
breach, the character of the obligation remains
Plurality of subject is invisible

Question 36
1 / 1 pts
A source of obligation not arising from law
Negotiorum gestio
Solutio indebiti
Correct!
Contract
Culpa aquiliana

Question 37
0 / 1 pts
I. The loss or deterioration of the thing intended as a substitute through the
negligence of the obligor does not render him liable.

II. A person alternatively bound by different prestations shall completely perform

one of them

False, true
You Answered
True, false
False, false
Correct Answer
True, true

Question 38
0 / 1 pts
There being no express stipulation and if the undertaking is to deliver a
determinate thing the payment shall be made at
You Answered
Whenever the thing might be thing might be at the moment the obligation is to be
fulfilled.
At the domicile of creditor
At the domicile of the debtor
Correct Answer
Whatever the thing might be at the moment

Question 39
0 / 1 pts
Demand is not intended to put the debtor in default, except
Correct Answer
When a quasi-contract exists
You Answered
When the parties so stipulate
When the time is of the essence
When the demand would be useless

Question 40
1 / 1 pts
Culpa Aquiliana is distinguished from culpa contractual
Correct!
The source of liability is the defendants negligent act or omission itself
Proof of due diligence in the selection and supervision of employees is not as a
defense
Proof of the contract and of its breach is sufficient prima facie to warrant
recovery
The negligence of the defendant is merely an incident in the performance of the
obligation

Question 41
0 / 1 pts
This is the kind of diligence that the obligor must observe in the performance of
his obligation to give something
Extraordinary diligence of a good father of a family
Diligence of a good father of a family even if the law or stipulation requires
another standard of care
Correct Answer
Diligence of a good father of a family
You Answered
Diligence of a father of a good family

Question 42
0 / 1 pts
D owes C P1M. X without the knowledge or against the will of D paid C P2M. Can X
get reimbursement from D?
You Answered
No reimbursement because the payment was not proper being without the knowledge
or against the will of D.
Correct Answer
P1M only for that is the extent of benefit of D
P1M plus interest from the time of payment until reimbursement
P2M by way of reimbursement from D to prevent unjust enrichment on the part of D
at the expense of X

Question 43
1 / 1 pts
Mel sold to Jay her car and promised to deliver the car on January 30, 2004. On
January 15, 2004, Mel sold the same car to Patrick and Patrick immediately
possessed the car. As of February 5, 2004, Jay has not received the car from Mel.
The sale is rescissible because of damage caused to Jay
Jay can cancel the contract of sale between Mel and Patrick because the contract
of sale between him and Mel was perfected first
Correct!
Mel is already in delay even if there was no demand from Jay and she shall be
liable for damages
Mel cannot be considered in delay because there was no demand yet from Jay

Question 44
1 / 1 pts
S sold his car with plate no. XYZ 123 to B and B paid P150,000 to S. They agreed
that the said car will be delivered by S to B on December 14, 2002. Which of the
following statements is true based on the facts given?
B may demand for delivery of the car on December 13, 2002
Correct!
B is considered the owner of the car on December 14, 2002
S will be in delay if he will not be able to deliver the car on maturity date
S may deliver the car to B on December 12, 2002 and compel B to accept it

Question 45
1 / 1 pts
Which of the following statements is true and correct?
Unless otherwise agreed upon by the parties, the sale of the mortgaged property
extinguishes in full the mortgage constituted thereon
In both pledge and mortgage, the creditor is entitled to deficiency judgment
Correct!
Pledge and mortgage are accessory contracts because they cannot exist by
themselves
Where an obligation is secured by a pledge or mortgage and it is not paid when
due, the pledgee or mortgagee may appropriate the thing given by the way of pledge
and mortgage

Question 46
0 / 1 pts
A, B and C borrowed P3M from D, E and F evide’nced by a promissory note worded as
follows to wit: “I promise to pay D, E and F P3M (Sgd.) A, B and C” How much can D
collect from A?
You Answered
P0.5M
P1.5M
P3M
Correct Answer
P1M

Question 47
0 / 1 pts
A, B and C bound themselves to deliver to X a specific car worth P3M. Due to the
fault of A, the car was lost. In this case:
Correct Answer
Only A is liable for damages although B and C are liable for their respective
shares in the obligation
You Answered
X can claim only from A the whole amount of damages other than the value of the
car
Since it is solidary liabilities for damages, X can claim the same from any of
the three
X can claim damages from any one of the three for his proportionate part of
liability because the obligation is indivisible

Question 48
1 / 1 pts
L, M and N are solidary debtors of Y for the amount of P300,000 payable as follows:

L – P50,000 payable when he passed the CPA board exam

M - P100,000 payable on February 14, 2004

N – P150,000 payable upon completion of his construction project

If L will pass the CPA Board Exam, what shall be the right of Y?

Demand P300,000 from L only

Demand P 50,000 from L only
Correct!
Demand P50,000 from L, M and N
Demand P300,000 from L, M and N

Question 49
0 / 1 pts
A obliged himself to deliver specific cans of powdered milk of B from Pangasinan to
Manila. While his truck was traveling on the North Expressway, it was hi-jacked by
a band of robbers who also took the cans of milk belonging to E. Is A liable for
the loss of the goods?
Yes, because he was in possession of the same at the time of the loss and
therefore presumed at fault
You Answered
Yes, because there was no stipulation exempting him from loss in case of
fortuitous event
Correct Answer
No, because the loss was due to a fortuitous event
No, because they were generic and they and they cannot be lost

Question 50
1 / 1 pts
A brought her diamond ring to a jewelry shop for cleaning and the latter undertook
to return the ring by February 1, 2000. When the said date arrived, the jewelry
shop informed A that the job was not yet finished and they asked A to return 5 days
after. On February 6, 2000, A went to the shop to claim the ring but she was not
informed that the same was stolen by a thief the night before. Decide.
The jewelry shop is not liable because there was no delay on its part
Correct!
The jewelry shop is liable for the loss despite the force majeure because of
delay
The jewelry shop is not liable for the loss because it took place due to force
majeure
The jewelry shop is liable if it was so stipulated between the parties