Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
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to QUIZ 2. HAVE A BACKUP COPY OF YOUR ANSWERS. (71 points)
DUE DATE: Saturday, November 26, 2022, 11:59 PM
1. Article 1156 of the Civil Code defines an obligation as a
a. Juridical necessity to do or not to do.
b. Juridical necessity to give or not to give.
c. Juridical necessity to give, to do or not to do.
d. Juridical necessity to give, not to give, to do or not to do.
2. The following are the essential elements of an obligation, except
a. An active subject, who has the power to demand prestation, also known as
the obligee or creditor.
b. A passive subject, who is bound to perform the prestation, also known as
the obligor or debtor.
c. Object or prestation, which is the promise or particular contract to be
performed in the performance of an obligation, and may consist of giving,
doing or not doing a thing.
d. Efficient cause, the tie which binds the parties to the obligation, also known
as juridical tie or vinculum.
e. The form in which the obligation is manifested.
3. Among the essential elements of an obligation, which are considered the personal
elements?
a. Obligee and obligor
b. Prestation and vinculum
c. Obligee and vinculum
d. Prestation and obligor
4. The following statements concerning an obligation are correct, except
a. The obligation to give is one in which the prestation consists in the delivery
of a movable or an immovable thing.
b. The obligation not to give is a positive obligation.
c. The obligation to do includes all kinds of work or services.
d. The obligation not to do consists in abstaining from some act.
5. The following are the requisites of a prestation or object of an obligation, except
a. It must be possible, physically and juridically.
b. It must be determinate, or, at least, determinable according to preestablished elements or criteria.
c. It must have possible equivalent in money.
d. It must be a positive obligation only.
6. The following are examples of vinculum, except
a. Relation established by law
b. Relation established by contract
c. Relation established by natural obligation
d. Relation established by quasi-contract or quasi-delict
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
7. Which of the following statements concerning the distinctions between civil
obligation and natural obligation are true?
I. Civil obligations derive their binding force from positive law, while natural
obligations derive their binding effect from equity and natural justice.
II. Civil obligations can be enforced by court action or the coercive power of public
authority, while the fulfillment of natural obligations cannot be compelled by
court action but depends exclusively upon the good conscience of the debtor.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
8. The following are the sources of obligation, except
a. Law
b. Contracts
c. Constitution
d. Quasi-contracts
e. Quasi-delicts
f. Acts or omissions punished by law
9. Which of the following statements concerning obligations arising from law is
incorrect?
a. Only obligations expressly determined in the Civil Code or in special laws
are demandable.
b. The obligations derived from law are presumed.
c. The law cannot exist as a source of obligations, unless the acts to which its
principles may be applied exist.
d. The obligations and correlative rights arising from law shall be governed
by the law by which they are created.
10. The obligation of the parents to provide support to their children arises from
a. Law
b. Contracts
c. Quasi-contracts
d. Quasi-delicts
11. Which of the following statements concerning obligations arising from contracts
are incorrect?
I. Obligations arising from contracts have the force of law between contracting
parties.
II. Obligations arising from contracts should be complied with in good faith.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
12. It is a judicial relation which arises from certain lawful, voluntary and unilateral
acts, to the end that no one may be unjustly enriched or benefited at the expense
of another.
a. Delict
b. Quasi-contract
c. Contract
d. Quasi-delict
13. Which of the following statements concerning the kinds of quasi-contract is
incorrect?
I. Solution indebiti refers to the voluntary management of the property or affairs of
another without the knowledge or consent of the latter.
II. Negotiorum Gestio refers to the judicial relation which is created when something
is received when there is no right to demand it and it was unduly delivered
through mistake.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
14. The following are examples quasi-contracts, except
a. A person takes charge of the agency or management of business or
property of another with authority or consent of the latter.
b. A person receives something when there is no right to demand it or it was
unduly delivered through mistake.
c. A stranger gives support to a child of another person without the
knowledge of the person obliged to give support.
d. A person saves the property of another person during fire, flood, storm or
other calamity without the knowledge of the owner.
15. Article 100 of the Revised Penal Code provides that every person criminally liable
for a felony is also civilly liable. Under Article 12 of the Revised Penal Code, the
following persons are exempt from criminal liability but they are not exempt from
civil liability for their acts, except
a. An imbecile or insane person who acted during a lucid interval.
b. A person under nine years of age.
c. Any person who acts under the compulsion of an irresistible force.
d. Any person who acts under the impulse of an uncontrollable fear of an
equal or greater injury.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
16. The civil liability arising from crimes are as follows, except
a. Restitution which refers to restoration of the thing itself even though it be
found in the possession of a third person who has acquired it by lawful
means.
b. Reparation of the damage caused which shall be determined by the Court
taking into consideration of the price of the thing and its sentimental value.
c. Indemnification for consequential damages which shall include not only
those caused the injured party but also those suffered by his family or by a
third person by reason of the crime.
d. Compromise of the criminal liability.
17. It refers to a source of an obligation wherein a person by act or omission causes
damage to another, there being fault or negligence.
a. Contract
b. Quasi-contract
c. Quasi-delict
d. Delict
18. The following are the requisites in order that liability for quasi-delict may exist,
except
a. There is pre-existing relation between the offender and offended parties.
b. There exists a wrongful act or omission imputable o the defendant by
reason of his fault or negligence.
c. There exists a damage or injury which must be proved by the person
claiming recovery.
d. There must be a direct causal connection or a relation of cause and effect
between the fault or negligence and the damage or injury, or that the fault
or negligence be the case of the damage or injury.
19. Negligence or culpa which results to civil liability arising from quasi-delict is also
known as
a. Culpa criminal
b. Culpa aquiliana
c. Culpa contractual
d. Culpa liberal
20. The following are distinctions between quasi-delict and crime, except
a. The right violated by a quasi-delict is a public right while the right violated
by a crime is a private right.
b. Every quasi-delict gives rise to liability for damages to the injured party but
there are crimes from which no civil liability arises.
c. Criminal liability can never be compromised but liability from quasi-delict
can be compromised.
d. In quasi-delict, criminal intent is not necessary, while in crime, criminal
intent is necessary except in criminal negligence.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
21. While trying to pass each other on a narrow bridge, a passenger bus and a private
automobile collided, and two persons, A and B, were injured. A was a passenger of
the bus while B was a pedestrian. The owner of the passenger bus was made a
defendant although a chauffeur was driving the truck and the owner-driver of the
private car was also made a defendant. What can be the source of obligation of the
owner of the passenger bus as regards to A, the passenger?
a. Contract of carriage for failure to exercise extra-ordinary diligence
b. Culpa aquiliana or quasi-delict if he exercised diligence of a good father of
a family in selecting his employees.
c. Culpa criminal or crime and considered a principal liability
d. Quasi-contract
22. Using the same data in number 21, what can be the source of obligation of the
driver of passenger bus as regards to A, the passenger?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of A
23. Using the same data in number 21, what can be the source of obligation of the
owner of the passenger bus as regards to B, the pedestrian?
a. Contract of carriage
b. Culpa aquiliana if he fails to exercise the diligence of a good father of a
family in selecting his employees
c. Culpa criminal or crime and considered a principal liability
d. Quasi-contract
24. Using the same data in number 21, what can be the source of obligation of the bus
driver as regards to B, the pedestrian?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of B
25. Using the same data in number 21, what can be the source of obligation of the
owner-driver of private car as regards to A, the passenger?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of A
26. Using the same data in number 21, what can be the source of obligation of the
owner-driver of private car as regards to B, the passenger?
a. Contract of carriage
b. Quasi-contract
c. Law
d. Quasi-delict or crime at the option of B
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
27. Which of the following statements concerning the obligation to deliver a thing is
correct?
I.
A generic or indeterminate thing is only indicated by its kings, without being
designated and distinguished from others of the same kind.
II.
A determinate or specific thing is one that is individualized and can be
identified or distinguished from others of its kind.
a. Neither I nor II
b. Both I and II
c. I only
d. II only
28. Which of the following refers to a determinate thing?
a. White horse
b. Pilot ballpen
c. Car with engine number 143-245
d. House and lot in Villa Lourdes Subdivision
29. The following are incidental or accessory obligations in an obligation to deliver a
determinate thing, except
a. Obligation to preserve the thing with due care.
b. Obligation to deliver the fruits.
c. Obligation to deliver the accessions and accessories.
d. Obligation to pay for the freight and insurance in transit.
30. In an obligation to deliver a determinate thing, what degree of diligence shall be
exercised by the obligor or debtor in the preservation of the thing?
a. Extraordinary diligence unless the law or the stipulation of the parties
requires another standard of care.
b. Diligence of a father of a good family unless the law or the stipulation of the
parties requires another standard of care.
c. Diligence of a good father of a family unless the law or the stipulation of the
parties requires another standard of care.
d. No diligence unless the law or the stipulation of the parties requires
another standard of care.
31. In an obligation to deliver a determinate thing, when is the creditor or obligee
entitled to the fruits of determinate thing or when does the creditor obtain
personal rights over the fruits of determinate thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver it arises.
c. From the time it is delivered.
d. From the fulfillment of resolutory condition.
32. In an obligation to deliver a determinate thing, when does the creditor or obligee
obtain real rights over the fruits of determinate thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver it arises.
c. From the time the it is delivered.
d. From the fulfillment of resolutory condition.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
33. In a contract of sale, when is the buyer or vendee entitled to the fruits of the
determinate thing or when does the creditor obtain personal rights over the fruits
of determinate thing?
a. From the time of the perfection of the contract.
b. From the time the obligation to deliver arises.
c. From the time the determinate thing is delivered.
d. From the fulfillment of resolutory condition.
34. Which of the following statements concerning real right and personal right is
incorrect?
I.
A real right is the power belonging to a person over a specific thing, without a
passive subject individually determined, against whom such right may be
personally exercised.
II.
A personal right is the power belonging to one person to demand of another,
as a definite passive subject, the fulfillment of a prestation to give, to do or not
to do.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
35. When a debtor or obligor fails to comply with his obligation, the creditor may avail
himself of what remedies?
a. Action for specific performance or action to rescind or resolve the
obligation.
b. Action for specific performance with damages only.
c. Action to rescind or resolve the obligation with damages only.
d. Action for specific performance or action to rescind the obligation or action
for damages, exclusively or in addition to either of the first actions.
36. What is the remedy of the creditor in the case the debtor fails to comply with his
obligation to deliver a determinate or specific thing?
a. Action for specific performance in addition to damages under Article 1170.
b. He may ask the obligation to be complied with at the expense of the debtor
with damages.
c. Action for rescission of the obligation.
d. Action for annulment of the contract.
37. What is the remedy of the creditor in the case the debtor fails to comply with his
obligation to deliver an indeterminate or generic thing?
a. Action for rescission of the obligation.
b. Action for specific performance with damages only.
c. He may ask the obligation to be complied with at the expense of the debtor
with damages.
d. Either B or C.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
38. In an obligation to deliver a thing, when is the debtor or obligor liable even if the
loss of the thing is due to fortuitous event?
I.
When the obligor delays in the delivery of the thing.
II.
When the obligor promised the same thing to two or more persons.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
39. In an obligation to give a determinate thing, which of the following statements is
true?
a. The obligation to give a determinate thing includes that of delivering all of
its accessions and accessories only if there is stipulation to that effect.
b. The obligation to give a determinate thing includes that of delivering all of
its accessions and accessories even though they may not have been
mentioned.
c. The obligation to give a determinate thing includes that of delivering all of
its accessions and accessories even if there stipulation to the contrary.
d. The obligation to give a determinate thing does not include that of
delivering all of its accessions and accessories.
40. Which of the following statements is correct?
I.
Accessories refer to those which destined for the embellishment, use or their
preservation of another thing or more importance, have for their object the
completion of the latter for which they are indispensable or convenient.
II.
Accessions include everything which is produced by a thing, or which is
incorporated or attached thereto, either naturally or artificially.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
41. The following are the kinds of fruits under the Civil Code, except
a. Natural fruits – Spontaneous products of the soil without the intervention
of human labor.
b. Industrial fruits – Products of the soil through cultivation or human labor.
c. Civil fruits – Fruits as a result of civilization or fruit arising out of a juridical
relation.
d. Commercial fruits – Fruits arising from commercial transaction.
42. In an obligation to do, what is the remedy of the creditor if the debtor fails to do
the prestation?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner at the expense
of the debtor.
d. Action for damages only to be awarded by the Court.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
43. In an obligation to do whereby only the debtor can do the thing, what is the
remedy of the creditor if the debtor fails to do the prestation?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner at the expense
of the debtor.
d. Action for indemnification for damages.
44. In an obligation to do, what is the remedy of the creditor in case the debtor did it
in contravention of the tenor of the obligation or did it poorly?
a. Action for specific performance with damages.
b. Action for annulment of obligation with damages.
c. The creditor or third person may do it in a proper manner or it may be
decreed that what had been poorly done be undone at the expense of the
debtor .
d. Action for damages only to be awarded by the Court.
45. In an obligation consisting in not doing, what is the remedy of the creditor in case
the debtor does what has been forbidden him?
a. It shall be undone at the expense of debtor with no damages.
b. It shall be undone at the expense of debtor with indemnification for
damages.
c. Action for specific performance with damages.
d. Action for rescission.
46. When does the obligor incur delay in an obligation to do something?
a. From the time the obligee demands judicially and extrajudicially the
fulfillment of obligation.
b. From the time the obligee demands judicially the fulfillment of obligation.
c. From the time of the perfection of the contract.
d. From the fulfillment of resolutory condidition.
47. Delay can exist in the following obligations, except
a. Obligation to do
b. Obligation to give
c. Obligation not to do
d. None of the above
48. Demand by the creditor shall not be necessary in order that delay may exist for
the following, except
a. When the obligation or the law expressly so declares.
b. When from the nature and the circumstances of the obligation it appears
that the designation of the time when the thing is to be delivered or the
service is to be rendered was a controlling motive for the establishment of
the contract.
c. When there is unilateral obligation.
d. When demand would be useless, as when the obligor has rendered it
beyond his power to perform.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
49. In a reciprocal obligation, when does the other party incur delay?
a. From the moment one of the parties makes a demand.
b. From the moment one of the parties fulfills his obligation.
c. When both party do not comply with what is incumbent upon them.
d. When both party are not ready to comply in proper manner their
obligations.
50. Default (Mora) of the part of the debtor is called
a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
d. Mora obligor
51. The following are the requisites in order that the debtor may be in default, except
a. There must be a complaint filed in court against the debtor.
b. The obligation must be demandable and already liquidated.
c. The debtor delays performance of the obligation.
d. The creditor demands the performance judicially or extrajudicially.
52. Which of the following is the effect of delay on the part of the debtor?
I.
The debtor becomes liable for damages for the delay.
II.
When it has for its object a determinate thing, the delay places the risk of the
thing on the debtor.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
53. The following are the effects of the delay on the part of the creditor, except
a. The creditor becomes liable for damages.
b. The debtor may relieve himself of the obligation by the consignation of the
thing.
c. The debtor bears the risk of the loss of the thing.
d. The responsibility of the debtor for the thing is reduced and limited to
fraud and gross negligence.
e. All expenses for the preservation of the thing after the mora shall be
chargeable to the creditor.
54. The benefits arising from default or delay may cease upon
a. Delay of the other party.
b. Rescission of the contract.
c. Payment of damages.
d. Renunciation of creditor or prescription.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
55. Article 1170 of the Civil Code provides that “The obligor shall be liable for damages
if in the fulfillment of obligation, he is guilty of
a. Injury
b. Fraud
c. Negligence
d. Delay
e. Contravention of the tenor of obligation
56. Which of the following statements pertain to “fraud”?
a. It is the failure to observe the protection of the interests of another person,
that degree of care, precaution and vigilance which the circumstances
justly demand, whereby such person suffers injury.
b. It refers to the non-fulfillment of the obligation with respect to time.
c. It refers to the deliberate and intentional evasion of the normal fulfillment
of obligations.
d. It refers to illicit act which impairs the strict and faithful fulfillment of the
obligation or every kind of defective performance.
57. The debtor is not liable for damages in cases of contravention of tenor or delay
when
a. It is malicious or intentional.
b. There is gross negligence.
c. It is due to fortuitous events.
d. It is due to force majeure and there is stipulation making the debtor liable
even in such case.
58. The following are the types of damages that may be awarded, except
a. Moral
b. Exemplary
c. Nominal
d. Temperate
e. Actual
f. Liquidated
g. Superficial
59. Responsibility arising from fraud is demandable in all obligations. Any waiver of
an action for what type of fraud is void?
a. Future fraud
b. Past fraud or fraud already committed
c. Both future and past fraud
d. Neither future nor past fraud
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
60. 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. What type of culpa is referred to by this provision
of the Civil Code?
a. Culpa criminal
b. Culpa contractual
c. Culpa aquiliana
d. Culpa capa
61. In what type of culpa or negligence will the defense of the exercise of good father
of the family in the selection of his employees by the employer lie?
a. Culpa criminal
b. Culpa contractual
c. Culpa aquiliana
d. Culpa capa
62. A stipulation exempting liability for damages shall be valid for which of the
following?
a. Gross negligence
b. Bad faith
c. Fraud
d. Simple negligence
63. It refers to the omission of that diligence which is required by the nature of the
obligation and corresponds with the circumstances of the persons, of the time and
the place.
a. Fraud
b. Delay or default or Mora
c. Negligence or fault or culpa
d. Contravention of the tenor
64. If the law or contract does not state the diligence to be observed in the
performance of the obligation, what degree of diligence shall be observed?
a. Extraordinary diligence
b. Diligence of a father of a good family
c. Diligence of a good father of a family
d. Diligence of a good mother of a family
65. As a general rule, no person shall be responsible for those events which could not
be foreseen, though foreseen, were inevitable or also known as fortuitous events
or force majeure. The following are the exceptions to the general rule, except
a. In cases expressly specified by law such as when the debtor incurs delay.
b. When there is stipulation that the obligor is still liable even in cases of
fortuitous events.
c. When the nature of the obligation requires the assumption of risks.
d. When the fortuitous event is the proximate cause of the damage or injury.
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
66. The following are the requisites of fortuitous events to exempt the obligor from
liability, except
a. The cause of the unforeseen and unexpected occurrence or the failure of
the debtor to comply with his obligation must be independent of the human
will.
b. It must be impossible to foresee the event which constitutes the case
fortuito or if it can be foreseen, it must be impossible to avoid.
c. The occurrence must be such as to render it impossible for the debtor to
fulfill his obligation in a normal manner.
d. The obligor must participate in the aggravation of the injury resulting to
the creditor.
67. Which of the following presumptions are incorrect?
I.
The receipt of the principal by the creditor, without reservation with respect
to the interest, shall give rise to presumption that said interest has been paid.
II.
The receipt of a later installment of a debt without preservation as to prior
installments, shall likewise raise the presumption that such installments have
been paid.
III.
The receipts of the interest shall give rise to presumption that the principal has
been paid.
a. I and II
b. III only
c. II and III
d. I and III
68. In order to satisfy their claims against the debtor, the creditor has the following
successive rights, except
a. To file a criminal complaint against the debtor.
b. To levy by attachment and execution upon all the property of the debtor,
except such as exempt by law from execution.
c. To exercise all rights and actions of the debtor, except such as are
inherently personal to him.
d. To ask for the rescission of the contracts made by the debtor in fraud of his
rights.
69. This action may be exercised by the creditor in the place of his negligent debtor in
order to preserve or recover for the patrimony of the debtor the product of such
actions, and then obtain therefrom the satisfaction of his own credit.
a. Accion reindivicatoria
b. Accion subrogatoria
c. Accion pauliana
d. Accion publiciana
70. This action refers to the last recourse of the creditor to satisfy his claim. It refers
to the right to set side or revoke or rescind the acts which the debtor may have
done to defraud him.
a. Accion pauliana
b. Accion reindivicatoria
c. Accion publiciana
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Quiz 2: General Provisions; Nature and Effect of Obligations (to be recorded as Quiz on November 19)
d. Accion subrogatoria
71. Which of the following statements is true concerning rights acquired in virtue of
an obligation?
a. As a general rule, they are not transmissible.
b. They are transmissible only if there is stipulation to that effect.
c. Subject to the provisions of laws, they are transmissible unless there is
stipulation to the contrary.
d. They are always transmissible.
xx END OF QUIZ 2 xx
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