Since 1977
BUSINESS LAW
BL.1301-Drill 1 - Obligation
ATTY. ONG/LOPEZ
OCT 2012
1. On July 1, 2012, D obliged himself to give C a specific car 8. A, B and C solidary owe X P300,000. X remitted C’s share.
if C will not marry X on or before December 31, 2012. The
A, therefore, paid later only P200,000. Assuming that B is
condition of the obligation is a:
insolvent.
a. positive condition.
c. divisible condition.
a. A can compel B to pay him P100,000.
b. negative condition.
d. impossible condition.
b. A can recover reimbursement from C amounting to
P50,000
2. On May 1, 2012, D executed a written undertaking
c. A can recover reimbursement from C amounting to
obliging himself to deliver 100 sacks of rice to C on May
P100,000.
31, 2012. On May 28, 2012, C demanded the delivery of
d. A can recover nothing from C at this moment and to
100 sacks of rice from D but D did not comply. The
wait until B recover from financial distress.
following day, a fire of undetermined origin destroyed D's
warehouse together with about 500 sacks of rice stored 9. Anna Almeda, Belinda Bersola, and Claudia Cabrera
therein and from which D intended to get 100 sacks of rice
executed the following promissory note:
for delivery to C.
" I promise to pay Dolores Dominguez or order the sum
a. D's obligation to deliver 100 sacks of rice to C
of P30,000.00 on June 30. 2004.
is extinguished, the cause of the loss being a
(Sgd.) Anna Almeda
fortuitous event.
(Sgd.) Belinda Bersoia
b. D's obligation to deliver 100 sacks of rice to C is not
(Sgd.) Claudia Cabrera"
extinguished because he can get 100 sacks of rice
On June 30, 2004, Dolores Dominguez can collect from
from other sources.
Anna Almeda:
c. D's obligation to deliver 100 sacks of rice to C is not
a. P10,000.00.
extinguished because D was in default.
b. P30.000.00.
d. D's obligation is to pay damages because he was in
c. P20,000.00
default.
d. Nothing, because the note is void since it says "I
promise" but was signed by three persons.
3. Dante obliged himself to give Carlo 100 cavans of rice on
June 20, 2012. On said date, Dante failed to make 10. Under a contract executed on November 1, 2012, D
delivery, despite repeated demands by Carlo.
obliged himself to give a specific horse to C on December
a. Carlo can compel Dante to deliver 100 cavans of rice
10, 2012. On December 8, 2012, C demanded the delivery
plus damages
of the horse but D did not comply. The following day, the
b. Carlo has no remedy under the law
horse was struck by lightning and died instantly.
c. Carlo my ask a third person to deliver 100 cavans of
a. The obligation of D is extinguished because the loss is
rice to him, the value recoverable from Dante plus
due to fortuitous event and D was not in default.
damages.
b. The obligation of D is not extinguished because D can
d. Dante can rescind the contract because the object is
deliver another horse.
indeterminate
c. The obligation of D is not extinguished because D was
in default.
4. A, B and C are joint and several liable to D amounting to
d. The obligation of D is not extinguished because the
P900,000. D allows C an extension of two years within
demand was not made on due date.
which to pay his portion of the indebtedness. In this case:
a. D can compel A or B to pay him the entire P900,000.
11. The debtor shall lose the right to make use of the period
b. D can compel A or B or C to pay him P600,000.
in the following cases, except:
c. D can demand only P300,000 each from A and B.
a. when he becomes insolvent.
d. D can compel only A or B to pay him P600,000.
b. when he violates any undertaking in consideration of
which the creditor agreed to the period.
5. Obligations may arise from any of the following, except:
c. when the debtor attempts to abscond.
a. Contracts
c. Law.
d. when he does not furnish any guaranty or security to
b. Quasi-contracts.
d. Prestation.
the creditor.
6. One of the following is a void obligation:
12. Defense of good father of a family in the selection and
a. D is obliged to give C P5,000.00 if C does not go to
supervision of employee is a proper and complete defense
the moon.
in:
b. D is obliged to give C P5,000.00 if D goes to Baguio
a. Culpa contractual
c. Culpa criminal
c. D is obliged to give C P5,000.00 if C goes to Baguio
b. Culpa aquiliana
d. Both B and C
d. D is obliged to give C P5,000.00 if D wins first prize in
the sweepstakes on a ticket that he had 13. An obligation ceases to be alternative and becomes a
already purchased.
simple obligation in the following cases, except:
a. when the debtor has communicated his choice to the
7. Dogie obliged to give Cathy, either object No. 1 valued
creditor.
P15,000; or object No. 2 valued P10,000; or object No. 3
b. when the right of choice has been expressly granted
valued P5,000. All the objects were lost due to Dogie fault
to the creditor and his choice has been communicated
in the order stated:
to the debtor.
a. Dogie’s obligation is extinguished
c. when among the several prestations that are due only
b. Dogie’s obligation is to pay the value of Object No. 1
one is practicable.
plus damages
d. when three prestations are due but one of them is
c. Cathy’s right is to demand the value of any objects
unlawful or impossible.
plus damages
d. None of the above
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BL.1301drill 1
EXCEL PROFESSIONAL SERVICES, INC.
14. In the following cases, the debtor shall lose the benefit of 23. D borrowed from C P1,000,000 mortgaging in favor of the
the period – choose the exception.
latter his house and lot. Said obligation is due December
a. When after the contraction of the obligation the
15, 2012. On July 20,2011 the house was hit by a lighting
debtor becomes insolvent but he gives collateral
and was destroyed. In this case:
security or guaranty.
a. C can validly demand payment from D on July 20,
b. When the debtor fails to furnish the collateral
2011 because the latter losses the right to make use
securities which has promised.
of the period upon the impairment of the collateral.
c. When the collateral security is impaired whether
b. C can validly demand payment from D on July
through the debtor’s fault or by fortuitous events.
20,2011 unless D gives another collateral equally
d. When the debtor attempts to abscond.
satisfactory.
e. None of the above.
c. C cannot collect on July 20,2011 because in the nature
of an obligation with a period the debt can only
15. D is driver of a passenger bus which is owned and
become demandable upon the arrival of the period.
operated by O. While D is driving said bus, it met an
d. The obligation of D to C is extinguished because of the
accident through his negligence where P, a passenger,
loss of the collateral through a fortuitous event.
was injured. D is liable to P for damages which arises
from:
24. The following are either joint or solidary liability:
a. Law
c. crime
I. Liability of the principal and the agent when the
b. contracts
d. quasi-delict
former allowed the agent to act as though he had full
powers.
16. O is the owner of a night club where SC is a singer
II. Liability of two or more persons who have appointed
crooner receiving a monthly salary of P80,000. The
an agent for a common transaction or undertaking.
obligations of O and SC are –
III. Liability of two or more bailees to whom a thing is
a. Both real
loaned in the same contract.
b. Both personal
IV. The responsibility of two or more agents who are
c. Real on the part of S.C. but personal in the part of O.
appointed simultaneously by the principal.
d. Real in the part of O but personal in the part of SC.
V. Responsibility of two or more officious managers.
a. The liability under I, II, III, IV and V are solidary
17. D is under obligation to deliver to C either a cow or a
b. The liability under I, II, III and V are solidary.
carabao or a horse. Due to the fault of D the cow, the
c. The liability under II and IV are joint.
carabao and the horse are lost in that order. The
d. The liability under I, II, III and IV are solidary.
obligation of D is to pay damages to C:
a. On the basis of the value of the cow.
25. In a joint obligation, joint means any of the following,
b. On the basis of the value of the horse or the last thing
except:
that was through his fault.
a. Pro rata
c. On the basis of the value of the carabao.
b. Mancomunada simple
d. On the basis of the value of any of the animals due at
c. Individually and collectively
the choice of D.
d. Proportionate
18. Delay or default on the part of the obligor is known as –
a. mora solvendi ex re
b. mora accipiendi
c. mora solvendi ex persona
d. compensation morae
e. Mora solvendi
19.
20.
21.
22.
26. A, B, and C are liable to X to deliver the 90,000 sack of
sugar in Y warehouse on January 5, 2008. On January 6,
2008, X demanded from A to deliver the sugar. However
on January 8, 2008, a fire was broke in Y warehouse
because of lightning and the entire 90,000 sacks of sugar
was totally loss.
a. X can held each of them (A, B and C) liable for 30,000
Which of the following is not a conditional obligation?
sacks of sugar because they are already in delay
a. D to give C P1,000 if C passes the examination
before the object was loss by fortuitous event.
b. D to pay C P1,000 if C has the means
b. X can held any of them (A, B and C) liable for 90,000
c. D to give C a horse if C marries X
sacks of sugar because they are already in delay
d. None of the above.
before the object was loss by fortuitous event.
c. A, B and C is not liable because the loss was due to
Which of these is not a conditional obligation?
fortuitous event.
a. D is to pay C P1,000,000 if he finishes his LL.B. at the
d. A is liable for the 30,000 sack of sugars because he
V.P. College of law.
was already in delay but B and C obligation is
b. D will pay C P500,000 as soon as his financial means
extinguished because they are not in legal delay and
will permit him to do so.
the loss was due to fortuitous event.
c. D is to pay C P2,000,000 ten days after his 80th
birthday.
27. Action to impugn or rescind acts or contracts done by the
d. D will pay C P1,000,000 twenty days after he passes
debtor to defraud the creditors
the C.P.A. exams for October 2008.
a. Accion reinvindicatoria
e. None of the above.
b. Accion subrogatoria
c. Accion pauliana
D borrowed from C P100,000 with a penalty of 20% if not
d. Accion quanti-minoris
paid on time. On due date, D was able to pay C the
borrowed amount. How much should D pay C?
28. An obligation ceases to be alternative and becomes a
a. P100,000 only
simple obligation in the following cases, except:
b. P100,000 + 20%
a. when the debtor has communicated his choice to the
c. P100,000 + 20% + interest
creditor.
d. P100,000 + 20% + interest + damages
b. when the right of choice has been expressly granted
to the creditor and his choice has been communicated
This are adjudicated in order that a right of the plaintiff,
to the debtor.
which has been violated or invaded by the defendant, may
c. when among the several prestations that are due only
be vindicated or recognized:
one is practicable.
a. Moral damages
c. Nominal damages
d. when three prestations are due but one of them is
b. Temperate damages
d. Actual damages
unlawful or impossible.
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