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Oblicon midterms answer key

Accountancy (STI College)

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XOBLICO
Chapters 1 – 3

Quiz

I. Multiple Choice. Read each question carefully and choose the best answer. Write your answer in a
separate sheet. Use CAPITAL LETTERS only.

1. The “diligence of a good father of a family” is also referred to as:

A. Slight diligence B. Ordinary diligence
C. Extraordinary diligence D. Parental diligence

2. Demand is not necessary to incur legal delay when –

A. Creditor refuses to perform without just cause.
B. the debtor is guilty of non-performance
C. Time is the controlling motive
D. The obligation bears interest

3. Which of the following is NOT a requisite of an obligation?

A. Juridical tie B. Form
C. Prestation D. Active Subject

4. The obligation of the winner in a gambling to return the money to the one lost is an example of an
obligation arising from what source?
A. Law B. Contract
C. Quasi-Contract D. Quasi-delict

5. It is a juridical relation arising from lawful, voluntary, and unilateral acts by virtue of which the parties
become bound to each other based on the principle that no one shall be unjustly enriched at the expense of
another.
A. Delict B. Contract
C. Quasi-Contract D. Quasi-delict

6. This situation arises whenever a person unduly delivers a thing through mistake to another who has no
right to demand it.
A. Negotiorum gestio B. Solutio indebiti
C. Pater familias D. Culpa contractual

7. An object that is merely designated by its class or genus without any particular designation or physical
segregation from all others of the same class is a ______ object.
A. determinate B. specific
C. determinable D. generic

8. It is the voluntary administration of the property of another without his consent

A. Negotiorum gestio B. Solution indebiti
C. Pater familias D. Culpa contractual

9. This refers to the delay on the part of the creditor

A. mora sovendi ex re B. compensatio morae
C. mora solvendi ex persona D. mora accipiendi

10. A kind of delay when the creditor makes a demand and the obligor fails to deliver the thing.
A. Negligence C. Mora accipiendi
B. Mora solvendi D. Compensatio morae

11. An obligation where there is concurrence of several creditors and/or debtors, by virtue of which each of
the creditors has a right to demand and each of the debtors is bound to render compliance with his
proportionate part of the obligation:
A. Joint obligation B. Solidary obligation
C. Facultative obligation D. Alternative obligation

12. A condition whose fulfillment depends exclusively upon the will of either one of the parties to the
obligation.
A. Mixed condition B. Casual condition
C. Potestative condition D. Resolutory condition

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13. An obligation whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of
a condition or upon the expiration of a term or period.
A. Divisible obligation B. Conditional obligation
C. Facultative obligation D. Pure obligation

14. Obligation whose effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain
fact or event
A. Divisible obligation B. Conditional obligation
C. Facultative obligation D. Pure obligation

15. Condition that is capable of realization according to nature, law, public policy or good customs
A. Possible condition B. Impossible condition
C. Suspensive condition D. Resolutory condition

16. A future and uncertain fact or event upon which an obligation is subordinated or made to depend.
A. Term B. Condition
C. Period D. Obligation

17. One whose fulfillment depends exclusively upon chance and/or upon the will of a third person
A. Mixed condition B. Casual condition
C. Potestative condition D. Resolutory condition

18. Kind of obligation wherein the debtor is entitled to choose among various prestations or obligations only
one of which should be performed by him
A. Alternative obligation B. Conditional obligation
C. Facultative obligation D. Pure obligation

19. This refers to the delay on the part of the creditor

A. mora sovendi ex re B. compensatio morae
C. mora solvendi ex persona D. mora accipiendi

20. D is obliged to give C a specific car if C passes the CPA Board examination. D’s obligation is an
example of:
A. a pure obligation
B. an obligation with a suspensive condition
C. an obligation with a resolutory condition
D. an obligation with a period

21. Obligation which has as their object a prestation that is not susceptible of partial performance because
otherwise the essence of the obligation will be changed.
A. alternative obligation B. divisible obligation
C. conjunctive obligation D. indivisible obligation

22. A kind of obligation created or established at the same time, out of the same cause and which results in
the mutual relationship of creditor and debtor between the parties.
A. reciprocal obligation B. facultative obligation
C. conjunctive obligation D. simple obligation

23. Refers to events which could not be foreseen, or which even if foreseen, was inevitable
A. Fortuitous events B. Condition
C. Acts of Man D. Term

24. Obligations which have as their object a prestation that is susceptible of partial performance without the
essence of the obligation being changed.
A. alternative obligation B. divisible obligation
C. conjunctive obligation D. indivisible obligation

25. Delta is obliged to give Charlie a specific ring. The parties agreed that Delta may give a specific
bracelet as a substitute. Which of the following statements is true?
A. If the ring is lost through a fortuitous event before substitution, the obligation is
extinguished.
B. If the bracelet is lost through a fortuitous event before substitution, the obligation is
extinguished.
C. If the ring is lost through a fortuitous event after substitution, the obligation is
extinguished.
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D. If the ring is lost through the debtor’s fault after substitution, the debtor shall pay
damages.

26. When the characters of the creditor and debtor are merged in one and the same person, there is
extinguishment of the obligation by:
A. Compensation B. Merger
C. Novation D. Remission

27. Anna and Jena entered into a contract whereby Anna would deliver a 2015 Hyundai accent. Subsequently,
both parties agreed that instead of a Hyundai Accent, Anna would now deliver a 2015 Toyota Vios.
A. There is novation B. There is subrogation
C. There is remission D. There is performance

28. 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:
A. The debtor is guilty of dolo, malice or bad faith, has promised the same thing to
two or more persons who do not have the same interest.
B. The debtor contributed to the loss.
C. The thing to be delivered is generic.
D. The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of
the obligation.

29. M owes P P10,000.00. The obligation is evidenced by a promissory note. Subsequently, P assigned the
note to A. A to B, B to C and back to M. the obligation of M is extinguished by:
A. Compensation B. confusion
C. Condonation D. the obligation was not extinguished
because there was no payment.

30. Alpha owes Bravo P150,000 due on June 31, 2019. Alpha executed a mortgage in favor of Bravo on
Alpha’s building. On June 10, 2019, the mortgaged building was totally lost due to an earthquake. On
June 12, 2019, Bravo demanded the payment of Alpha’s obligation. Is Bravo’s demand valid?
A. No. The obligation is one with a definite period, thus the creditor cannot demand
fulfillment of the obligation before it is due.
B. No. The mortgage was extinguished because the object of the contract was lost
because of a fortuitous event.
C. Yes. The debt becomes due at once because the object of the mortgage was lost.
D. Yes. The debt becomes due at once because the benefit of the period is given to the
creditor thereby giving him the right to demand the fulfillment of the obligation even
before it is due.

II. TRUE OR FALSE. Write TRUE if the statement is correct. Write FALSE if the statement is incorrect.

31. A is obliged to give B his Jaguar car on June 15, 2015.If on January 15, 2015, A does
not deliver, he is in default. FALSE. (Art. 1169, No Demand, no delay; Art. 1196)

32. If I am obliged to deliver a car with plate number XQS 429, I must also deliver the jack
and the stereo even if the same were not mentioned in the contract. TRUE

33. The obligation “I will sell you my land if you can make a dead man live again.” is void.
TRUE

For items 34-37:

Bianca & May signed a promissory note that reads:

“I promise to pay Camille the amount of P50,000.00 with 6% interest per annum on 30 June
2019.”
(signed) Bianca (signed) May

34. Camille can validly refuse the payment offered by May on April 10, 2019. TRUE

35. If Camille will make a demand from Bianca, Bianca is liable to pay only P25,000.00.. FALSE

36. Bianca and May are joint debtors. FALSE

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37. If May will pay the entire obligation on July 30, 2019, she can collect only the amount of P25,000.00 from
Bianca. FALSE (plus interest from the time of payment)

38. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment
of interests in case of non-compliance; therefore, proof of actual damages suffered by the creditor is necessary
in order that the penalty may be demanded. FALSE, proof of actual damage NOT necessary

39. Divisibility cannot exist if there is only one debtor and one creditor. FALSE

40. There is a creditor-debtor relationship between a bank and its depositor; the bank being the creditor and
the depositor the debtor. FALSE, bank is the debtos, depositor is the creditor.

III. Matching Type. Match the definition in Column A to the term it defines under Column B. Use only
CAPITAL letters.
COLUMN A COLUMN B

41. Divisible obligation A. The happening of this condition gives birth to the obligation.
(B)
B. Obligations which have as their object a prestation that is
42. Suspensive susceptible of partial performance without the essence of the
condition (A) obligation being changed

43. Day certain (J) C. Kind of obligation wherein the debtor is entitled to choose
among various prestations or obligations only one of which
44. Potestative should be performed by him
condition (N)
D. An obligation where there is concurrence of several creditors
45. Casual condition and/or debtors, by virtue of which each of the creditors has a
(L) right to demand and each of the debtors is bound to render
compliance with his proportionate part of the obligation
46. Facultative
obligation (I) E. Future and certain fact or event upon which an obligation is
subordinated or made to depend.
47. Conjunctive
obligation (G) F. The happening of this condition extinguishes obligation

48. Resolutory G. An obligation where various prestations are due but the
Condition (F) performance of all of them is required in order to extinguish the
obligation.
49. Term (E)
H. Obligations which are created or established at the same
50. Alternative time, out of the same cause and which results in the mutual
obligation (C) relationship of creditor and debtor between the parties.

I. Obligation where only one prestation has been agreed upon

but the obligor may render something in substitution.

J. One which must necessarily come, although it may not be

known when.

K. Future and uncertain fact or event upon which an obligation is

subordinated or made to depend.

L. One whose fulfillment depends exclusively upon chance

and/or upon the will of a third person

M. Obligation which has as their object a prestation that is not

susceptible of partial performance because otherwise the
essence of the obligation will be changed

N. A condition whose fulfillment depends exclusively upon the

will of either one of the parties to the obligation

O. One that is foxed by the courts for the performance of an

obligation or for its termination.
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