Obligation may be modified by:
Answer:
All of the above
Question:
The following are causes viating consent, EXCEPT:
Answer:
None of the above
Question:
D owes C P10,000 payable on December 25. Later, D forced C to sign a promissory
note for P10,000 payable on December 25. If all the other requisites of compensation
are present, are both debts extinguished?
Answer:
Yes, under legal compensation.
Question:
Which of the following is not a conditional obligation?
Answer:
D to pay C P1,000, if C has the means.
Question:
The passage of time extinguishes the obligation:
Answer:
Prescription
Question:
The delivery and transmission of ownership of thing by the debtor to the creditor as an
accepted equivalent performance of an obligation is called:
Answer:
Dacion en pago
Question:
Which of the following is not a special mode of payment?
Answer:
None of the above
Question:
Example 1 - D obliged himself to give C a specific ring upon failure to give C P10,000.
Example 2 - D obliged himself to give C a specific ring. However, if he so desires, D
may instead give C P10,000.
Answer:
Both are valid obligations
Question:
A and B are solidary debtors of X and Y, solidary creditors to the amount of P4,000. On
the due date, X renounced in favor of A the entire obligation. Which of the following is
correct?
Answer:
Y can collect from X P2,000.
Question:
The extinguishment of obligations when two persons, in their own right, are debtors and
creditors of each other is called
Answer:
Compensation
Question:
Meeting in one person of the characteristics of both debtor and creditor in one and the
same obligation extinguishes the obligation by way of:
Answer:
Merger or confusion
Question:
Consignation alone, as a special form of payment, may extinguish an obligation under
any of the following instances. Which is the exception?
Answer:
When the creditor is capacitated to receive payment.
Question:
The act abandoning all his properties in favor of his creditors so that the latter may
cause their sale and apply the proceeds thereof to their claims proportionately is called:
Answer:
payment by cession
Question:
Conrad and Charlie are jointly indebted to Pete for P100,000. Pete assigned his interest
to Crispin who assigned it back to Conrad
Answer:
The debt is partially extinguished by merger.
Question:
Which obligation is not valid?
Answer:
"I promise to give you P100,000, if I go to Sampaloc, Quezon this weekend".
Question:
Three of these are characteristics of payment by cession. Which is the exception?
Answer:
one debtor, one creditor.
Question:
A source of obligation where there exists criminal negligence
Answer:
culpa delictual
Question:
Statement No. 1: When the prestation is negative and the debtor is precluded from
doing an impossible or unlawful condition, the entire obligation, including the condition,
is null and void.
Statement No. 2: In an obligation subject to a period, what is suspended is the birth of
the obligation.
Answer:
Both statements are false.
Question:
Which of the following is an obligation with a period for the benefit of both the debtor
and the creditor?
Answer:
Payment on December 24, 2010
Question:
Statement No. 1: In culpa aquiliana, negligence on the part of the debtor is a substantial
issue which must be proved by the creditor in order to be entitled to an award of
damages.
Statement No. 2: The highest standard of care that a person obliged to give something
is that diligence of a good father of a family.
Answer:
Statement No. 1 is true while statement No. 2 is false.
Question:
Which of the following obligations is not subject to period?
Answer:
payable whenever I like it
Question:
The following, except one, are secondary modes of extinguishing obligations. Which is
that exception?
Answer:
changing the object of the obligation with the consent of the parties
Question:
Which of the following is not a generic obligation?
Answer:
obligation to give a delimited generic object
Question:
Statement No. 1: D obliged himself "to pay C the sum of P50,000 which he owes him
when he (D) feels like it". This kind of obligation is valid and legally enforceable.
Statement No. 2: After the obligation became due and demandable, the creditor agreed
to a proposal by the debtor to give him a specific cow instead of paying P25,000. This is
a case of novation by changing the term or the object of an obligation.
Answer:
Both are true.
Question:
A and B are the debtors and X and Y are the creditors in a solidary obligation to the
tune of P80,000. On due date, X renounced in favor of A the entire obligation which was
validly accepted by A. Which of the following is true?
Answer:
Y can collect from X P40,000.
Question:
Statement No. 1: In alternative obligations, it is the choice of which prestation to perform
made by the debtor that will convert the alternative obligation into a pure or simple one.
Statement No. 2: In facultative obligations, the right of substitution may be transferred to
the creditor.
Answer:
Both statements are false.
Question:
The following, except one, are requisites of payment as a mode of extinguishing an
ordinary obligation. Which is the exception?
Answer:
payment using negotiable instrument
Question:
Not a ground for damages:
Answer:
dolo causante
Question:
Statement No. 1: An obligation which has for its object the delivery of a "delimited
generic" object may be lost by reason of fortuitous event.
Statement No. 2: There can be no delay in an obligation not to do.
Answer:
Both statement are true.
Question:
D obliged himself to give C 100 cavans of rice on December 25, 2010. On said date, D
failed to make delivery, despite repeated demands from C.
Answer:
C may ask a third person to deliver 100 cavans of rice to him, the value recoverable
from D plus damages.
Question:
Wrong committed independent of contract and with criminal intent is
Answer:
None of the above
Question:
A and B signed a promissiory note to borrow P6,000 from X, Y and Z, payable in 6
months time. B gave a P10,000 diamond ring as security for the amount borrowed. How
much can Y collect from B?
Answer:
P1,000
Question:
Which of the following is not an obligation with a period?
Answer:
None of the above
Question:
A, B, and C executed a promissory note worded as follows: We promise to pay X, Y,
and Z the sum of P90,000 (sgd.) A, B and C
Answer:
None of the above.
Question:
The act of abandoning or transferring all the debtor's property to his creditors so that the
creditors may sell them, and out of its net proceeds to recover their claim is called
Answer:
Payment by cession
Question:
The distinction between period and condition is
Answer:
Answer not given.
Question:
Solidary debtors A, B and C owes joint creditors X, Y, Z and W P12,000. X, Y and Z can
collect from A
Answer:
P9,000
Question:
Statement No. 1: "I will give you a specific car if you will not marry X this year (2010). If
by the end of 2010, both parties are alive and no marriage has taken place, my
obligation is extinguished."
Statement No. 2: "I will give you P10,000 if you cannot make a dead man alive. This is
impossible condition, not demandable."
Answer:
Both are false.
Question:
A and B are jointly and severally liable to C for P20,000. A is a minor.
Answer:
C can collect P10,000 from B.
Question:
The debtor shall lose every right to make use of the period except:
Answer:
When he does not furnish a guaranty or security to the creditor.
Question:
Which of the following is not a special mode of payment?
Answer:
Tender of payment
Question:
payment of the obligation by a solidary debtor shall not entitle him to reimbursement
from his co-debtors
Answer:
if such payment was made after the obligation has prescribed or become illegal.
Question:
Statement No. 1: When the fulfillment of the suspensive or resolutory condition depends
upon the sole will of the debtor, the conditional obligation shall be void.
Statement No. 2: If the original obligation is subject to a suspensive or resolutory
condition and the contract is novated the new obligation shall be under the same
conditions unless otherwise stipulated.
Answer:
No. 1 is false; No. 2 is true.
Question:
A sold to B the former's horse for P5,000. No date is fixed by the parties for the
performance of their respective obligations. The obligation of A is:
Answer:
To deliver the horse upon the payment of B of P5,000.
Question:
The substitution or change of an obligation by a subsequent one which extinguishes or
modifies the first, either by changing the object or principal conditions, or by substituting
the person of the debtor, rights subrogating a third person in the rights of the creditor is
called:
Answer:
Novation
Question:
X obliged himself to give to Y his brand-new Rolex watch if the latter cannot make a
circle that is at the same time a square.
Answer:
The obligation is valid because the impossible condition is negative.
Question:
Proof of pecuniary loss necessary for the award of:
Answer:
Actual damages
Question:
In the execution of obligation, liability for malice or bad faith:
Answer:
Extends to natural consequences even if they exceed the debtor's exceptions.
Question:
In contracts and quasi-contracts, the liability of the debtor who acted in good faith:
Answer:
Extends to all natural and probable consequences of the breach of the obligation, and
which the parties have foreseen or could have reasonably foreseen at the time the
obligation was constituted.
Question:
In delicts and quasi-delicts, the defendant shall be liable for:
Answer:
Damages which are natural and probable consequence of the act or omission
complained of whether or not such damages have been foreseen or could have
reasonably been foreseen by the offender.
Question:
The following are the requisites of an obligation, except:
Answer:
demand
Question:
Obligations may arise from any of the following except:
Answer:
prestation
Question:
It is the voluntary administration of the property of another without his consent.
Answer:
Negotiorum gestio
Question:
It is a wrong committed without any pre-existing relations between the parties.
Answer:
Quasi-delict
Question:
Unless the law or the stipulation of the parties require another standard of care, every
person obliged to give something is also obliged to take care of it with:
Answer:
diligence of a good father of a family
Question:
The creditor has a right that is enforceable against a definite passive subject. The right
is known as:
Answer:
personal right
Question:
It is a thing that is particularly designated or physically segregated from all others of the
same class.
Answer:
Determinate thing
Question:
One of the following is a determinate thing. Which is it?
Answer:
a Toyota car with engine no. 12345, body no. 34890 and plate no. ABC 123
Question:
Demand must be made on the due date of the obligation in order for delay to exist in
one of the following cases. Which is it?
Answer:
When the obligation does not indicate whether demand must be made or not on due
date.
Question:
This refers to delay on the part of the creditor.
Answer:
mora accipiendi
Question:
There shall be no liability for loss due to fortuitous events in one of the following cases.
Which is it?
Answer:
When the obligation is to deliver a determinate thing and there was no stipulation as to
the liability of the debtor in case of loss due to fortuitous events.
Question:
The following are the remedies of the creditor to pursue his claims against the debtor,
except to:
Answer:
compel the debtor to perform the service in obligations to do.
Question:
D borrowed P50,000 from C. C dies before he has collected the debt leaving S, his son,
as heir. Which of the following statements is correct?
Answer:
S can collect from D although D and C did not agree that the credit right will pass on to
the heirs of C.
Question:
D is obliged to give C a specific car if C passes the CPA Licensure Examination. D's
obligations is an example of:
Answer:
an obligation with a suspensive condition
Question:
One of the following obligation is not immediately demandable.
Answer:
obligation with an ex die period
Question:
One of the following is void obligation:
Answer:
D is obliged to give C P5,000 if D goes to Baguio
Question:
D is obliged to give C P10,000 if X dies. This is an example of:
Answer:
an obligation with a period
Question:
When the debtor binds himself to pay when his means permit him to do so, the
obligation is
Answer:
an obligation with suspensive period
Question:
Whenever a period is designated in an obligation, the said period shall be presumed to
have been established for the benefit of:
Answer:
both the debtor and creditor
Question:
The debtor shall lose the right to make use of the period in the following cases, except
when he:
Answer:
does not furnish any guaranty or security to the creditor.
Question:
An obligation ceases to be alternative and becomes a simple obligation in the following
cases, except when:
Answer:
three prestations are due but one of them is unlawul or impossible
Question:
D is obliged to give C a specific watch, a specific ring, or a specific bracelet. The parties
agreed that C will have the right to choose the thing which will be given to him. Before C
could make his choice, the watch and the ring are lost through D's fault, successively.
What is the right of C?
Answer:
C may choose the delivery to him of the bracelet or the price of the watch or the price of
the ring plus damages.
Question:
D is obliged to give C a specific ring. The parties agreed that D may give a specific
bracelet as substitute. Which of the following statements is true?
Answer:
If the ring is lost through a fortuitous event before substitution, the obligation is
extinguished.
Question:
A, B, C and D are obliged to give V, W, X, Y and Z P20,000
Answer:
V may collect from A P1,000
Question:
A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors,
P20,000
Answer:
V may collect from B, P5,000
Question:
A, B, C, and D, solidary debtors, are obliged to give V, W, X, Y, and Z, joint creditors,
P20,000
Answer:
V may collect from C P4,000
Question:
A,B,C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors,
P20,000.
Answer:
V may collect from D, P20,000
Question:
A, 25, B, 35 and C, 17, are solidary debtors of X in the amount of P9,000
Answer:
X may collect from A, P6,000
Question:
The following obligations are divisible, except an obligation:
Answer:
to give definite things.
Question:
In an obligation with a penal clause, the creditor as a rule may recover from the debtor
in case of breach the following:
Answer:
only the penalty
Question:
The money or currency which the debtor may compel the creditor to accept in payment
of a debt, whether public or private, is known as:
Answer:
legal tender
Question:
On July 1, 2015, D obliged himself to give C P50,000 if C will marry X on or before
December 31, 2015. The condition of the obligation is a:
Answer:
positive condition.
Question:
An obligation where various prestations are due but the performance of all of them is
required in order to extinguish the obligation is known as:
Answer:
conjunctive obligation
Question:
The return of what has been paid by mistakes is known as:
Answer:
solutio indebiti
Question:
D borrowed P100,000 from C. The parties agreed at the time the obligation was
constituted that should D so desire, he may give his agricultural land to C by way of
dacion en pago to pay his loan obligation on due date. The obligation of D to C is:
Answer:
a facultative obligation
Question:
Dolores borrowed P15,000 from Consuelo. On due date, Dolores was not able to pay
but she promised to give Consuelo a specific ring, a specific bracelet, or a specific
necklace, in payment of the debt. Consuelo accepted the offer of Dolores.
What kind of obligation is the new obligation of Dolores?
Answer:
Alternative obligation
Question:
D promised to give C 10 sacks of rice when X, C's father dies. The obligation of D to C
is:
Answer:
An obligation with a period
Question:
On a certain year, D was obliged under a contract executed on March 1 to deliver an
agricultural land to C on April 1. D, however, actually delivered the land and the fruits
therof to C on May 1. C had the right to the fruits of the agricultural land beginning on:
Answer:
April 1
Question:
On a certain year, D was obliged under a contract executed on March 1 to deliver an
agricultural land to C on April 1. D, however, actually delivered the land and the fruits
thereof to C on May 1. C became the owner of the agricultural land and the fruits thereof
on:
Answer:
May 1
Question:
The right of C before the delivery, on one hand, and his right after the delivery, on the
other hand, of the agricultural land and its fruits, to him are referred to as:
Answer:
Personal right and real right, respectively.
Question:
On a certain year, D was obliged under a contract executed on March 1 to deliver an
agricultural land to C on April 1. D, however, actually delivered the land and the fruits
thereof to C on May 1. D did not deliver the land and its fruits to C. Instead, he delivered
the same to X, who was in good faith when he acquired the land and its fruits, on April
30.
Answer:
X is the rightful owner of the land.
Question:
Which of the following is not a proper remedy for the creditor?
Answer:
To compel the debtor to perform the obligation, if the obligation is an obligation to do.
Question:
The delivery to the creditor of mercantile documents such as checks shall produce the
effect of payment:
Answer:
when they have been cashed.
Question:
Which of the following statements concerning delay is incorrect?
Answer:
Delay, as a rule, exists, when the debtor does not perform his obligation on the date it is
due.
Question:
The delivery of mercantile documents documents such as checks will produce the effect
of payment:
Answer:
when through the fault of the creditor they have been impaired.
Question:
P took a public bus in going to his office. Although P paid his fare, the bus conductor did
not issue to him a ticket. Along the way, the bus met an accident causing a slight injury
to P and other passengers, If P is to recover damages from the bus owner, the source
of the bus owner's liability is:
Answer:
contract
Question:
One of the following obligations is void. Which is it?
Answer:
D to give C P50,000 if D buys a brand-new car.
Question:
Which of the following obligations is a pure obligation and is demandable at once?
Answer:
D to give C his car. No mention is made when D shall give the car.
Question:
D borrowed P100,000 from C. The parties agreed at the time the obligation was
constituted that should D so desire, he may give his agricultural land to C by way of
dacion en pago to pay his loan obligation on due date. The obligation of D to C is:
Answer:
a facultative obligation
Question:
One of the distinctions between a facultative obligation and an alternative obligation is
that on an alternative obligation:
Answer:
If all prestations except one are impossible, that which is possible must still be given.