CHAPTER 3.

EXERCISE 1

NAME: SCORE:
COURSE/YEAR/SECTION: PROFESSOR:

MULTIPLE CHOICE.

1. The condition depends partly upon chance and partly upon the will of a third person.
a. Potestative c. Mixed
b. Casual d. Impossible

2. When it is fixed and its exact date or time is known.

a. Legal period c. Definite period
b. Judicial period d. Indefinite period

3. When they, in the nature of things, cannot exist or cannot be done.

a. Impossible conditions c. Legally impossible conditions
b. Physically impossible conditions d. all of the above

4. The condition depends upon chance or upon the will of a third person.
a. Potestative c. Mixed
b. Casual d. Divisible

5. When the parties are bound by the same stipulations or clauses.

a. Uniform c. Both a and b
b. Non-uniform or varied d. None of the above

6. When they are contrary to law, morals, good customs, public order or public policy.
a. Impossible conditions
b. Physically impossible conditions
c. Legally impossible conditions
d. None of the above

7. When it is not fixed and its exact date or time in unknown, but surely happen.
a. Legal period c. Definite period
b. Judicial period d. Indefinite period

8. When the parties are not subject to the same stipulations or clauses.
a. Uniform c. Both a and b
b. Non-uniform or varied d. None of the above

9. When it is provided for by law.

a. Punitive penal clause c. Compensatory penal clause
b. Conventional penal clause d. Legal penal clause

10. When the penalty is imposed merely as punishment for breach.

a. Punitive penal clause c. Compensatory penal clause
b. Conventional penal clause d. Legal penal clause

11. The condition depends upon the will of one of the contracting parties.
a. Express
b. Implied
c. Potestative
d. Casual
12. The condition is merely inferred.
a. Express c. Potestative
b. Implied d. Casual

13. There are several conditions and all must be fulfilled.

a. Conjunctive c. Divisible
b. Disjunctive d. Indivisible

14. It is one based on quality, not on number or quantity of the things that are the object of
the obligation.
a. Ideal or intellectual divisions
b. Quantitative division
c. Qualitative division
d. None of the above

15. The condition is susceptible of partial performance.

a. Conjunctive
b. Disjunctive
c. Divisible
d. Indivisible

16. There are several conditions and only one or some of them must be fulfilled.
a. Conjunctive
b. Disjunctive
c. Divisible
d. Indivisible

17. One which exists only in the minds of the parties.

a. Ideal or intellectual division
b. Quantitative division
c. Qualitative division
d. None of the above

18. One based on quantity rather than on quality.

a. Ideal or intellectual division
b. Quantitative division
c. Qualitative division
d. None of the above

19. The condition is clearly stated.

a. Potestative
b. Express
c. Implied
d. None of the above

20. The condition that some event will not happen at a determinate time shall render the
obligation effective from the moment the time indicated has elapsed, or if it has become
evident that the event cannot occur.
a. Positive condition
b. Negative condition
c. Resolutory condition
d. None of the above
 EXERCISE 2

Matching Type.

A. Judicial period P. Physically impossible conditions

B. Legal loss Q. Facultative obligation
C. Joint obligation R. Reciprocal obligation
D. Potestative condition S. Unilateral
E. Divisible obligation T. Legally impossible conditions
F. Breach of an obligation U. Individual obligation
G. Principal obligation V. Reciprocal obligation
H. Accessory obligation W. Obligation with a period
I. Collective obligation X. Definite period
J. Physical loss Y. Alternative obligation
K. Indivisible obligation Z. Indefinite period
L. Bilateral AA. Obligation with a penal clause
M. Solidary obligation BB. Judicial period
N. Penal clause CC. Civil loss
O. Contractual period DD. Period

INSTRUCTIONS: From the words or terms enumerated above, choose the answer that
corresponds to the definitions or statements given in the following numbers. Write the key letters
only.

_________ 1. It is one which contains as accessory undertaking to pay a previously stipulated

indemnity in case of breach of the principal prestation intended primarily to induce its
fulfillment.
_________ 2. It is one where only one prestation has been agreed upon but the obligor may
render another in substitution.
_________ 3. It is a condition which is suspensive in nature and which depends upon the sole
will of one of the contracting parties.
_________ 4. It is a kind of loss that when a thing perishes as when a house is burned and
reduced to ashes.
_________ 5. It is an accessory undertaking attached to an obligation to assume greater liability
on the part of the obligor in case of breach of the obligation, or is partly or irregularly complied
with.
_________ 6. Those obligation which arise from the same cause and in which each party is a
debtor and creditor of the other, such that the performance of one is designed to be the equivalent
and the condition for the performance of the other.
_________ 7. It is one wherein various prestations are due but the performance of one of them is
sufficiently determined by the choice which, as a general rule, belongs to the debtor.
_________ 8. It is a kind of loss that when a thing goes out of commerce or when a thing
heretofore legal becomes illegal.
_________ 9. It is one which can stand by itself and does not depend for its validity and
existence upon another obligation.
_________ 10. It refers to a future and certain event upon the arrival of which the obligation
subject to it either arises or is terminated.
_________ 11. It refers to an obligation which only one party is obliged to comply with a
prestations.
_________ 12. It is a kind of loss that when a thing disappears in such a way that its existence is
unknown; or even if known, it cannot be recovered, whether as a matter of fact or of law.
_________ 13. It is one which is attached to a principal obligation and, therefore, cannot stand
alone.
_________ 14. If the obligation does not fix a period, but from its nature and circumstances it
can be inferred that a period was intended, the courts may fix the duration thereof.
_________ 15. It occurs when there is a failure or refusal, by a party without legal reason or
excuse to perform, in whole or in part the obligation or undertaking which is incumbent upon
him.
_________ 16. It refers to an obligation which both parties are mutually bound to each other.
_________ 17. It is one where there is only one obligor and one obligee.
_________ 18. It refers to a period which fixed by the parties in their contract.
_________ 19. It is one where the whole obligation is to be paid or fulfilled proportionately by
the different debtors and/or is to be demanded proportionately by the different creditors.
_________ 20. It is one where there are two or more debtors and /or two or more creditors.

EXERCISE 3

INSTRUCTION: Write M if the statement is true and C if the statement is false.

1. The happening of resolutory condition gives rise to the obligation.

2. The happening of the suspensive condition extinguishes the obligation.
3. A period is a future and certain event.
4. A condition is an uncertain event.
5. A period fixed by the parties is presumed to have been established for the benefit of both
the debtor and the creditor.
6. The positive condition consists in the omission of an act.
7. The negative condition consists in the performance of an act.
8. The impossible condition is capable of fulfillment, legally and physically.
9. The possible condition is not capable of fulfillment, legally or physically.
10. A thing deteriorates when its value is reduced or impaired with or without the fault of the
debtor.
11. A legal period is when it is fixed by the court.
12. Judicial period is when it is provided by law.
13. A conventional period is when it is agreed upon by the parties.
14. If the obligation does not state a period and no period is intended, the court is not
authorized to fixed a period.
15. If the thing is lost without the fault of the debtor, the obligation shall be extinguished..
16. When the thing deteriorates without the fault of the debtor, the impairment is to be borne
by the creditor.
17. The indivisibility of an obligation does not necessarily give rise to solidarity.
18. The nullity of the penal clause carries with it that of that of the principal obligation.
19. The nullity of the principal obligation does not carry with it that of the penal clause.
20. Payment by a solidary debtor shall entitle him to reimbursement from his co-debtors if
payment is made after the obligation has prescribed or become illegal.