OBLIGATIONS AND CONTRACTS
LONG EXAM
1. A is indebted to solidary creditors B, C, and D, for P90,000. Without the knowledge of B and C, D
remitted the obligation of A, as a result,
A. The obligation of A to pay P90,000 is extinguished.
B. The obligation is not extinguished because there is no consent from B and C.
C. The obligation is extinguished only up to P30,000.
D. The obligation is extinguished up to P60,000.
2. A, B and C borrowed P6,000 from D and E, payable in 3 months with A giving in pledge her diamond
ring as security for the amount borrowed. How much can E collect from C?
A. P1,000
B. P2,000
C. P3,000
D. P6,000
3. A is obliged to give B her college ring. If she fails to do so, she must give P10,000. This is
A. Alternative obligation
B. Conjoint obligation
C. Facultative obligation
D. Obligation with a penal clause
4. Where the penalty takes the place of indemnity for the damages and for the payment of interest.
A. Where there is stipulation to the effect that damages or interest may still be recovered, despite the
presence of the penalty clause.
B. When the debtor refuses to pay the penalty imposed in the obligation.
C. When the debtor is guilty of fraud or dolo in the fulfillment of the obligation.
D. Where there is breach of the obligations.
5. This is an obligation with a resolutory obligation.
A. I will give you P10,000 if you pass the 2009 CPA board examination.
B. I will give you my car now, but should you fail in any of your subjects, your ownership will cease and it
will be mine again.
C. I will give you P10,000 on December 31, 2009.
D. I will give you P10,000 if A dies of TB.
6. If the condition is potestative on the part of the debtor, the obligation is void.
A. True
B. False
7. If the condition is potestative on the part of the creditor, the obligation is valid.
A. True
B. False
8. A owns a house rented by B. A sold the house to C where C agreed to pay the balance of the purchase
price as soon as B leaves the premises. It was further agreed that C will take care of seeing to it that B
vacates the house. Which is correct?
A. The contract is void because it is potestative on the part of C.
B. The contract is void because the consent of B was not obtained.
C. The contract is valid because the condition is mixed.
D. The contract is valid if B is willing to vacate the premises.
9. The condition that some event happens at a determinate time shall extinguish the obligation as soon
as the time expires or it has become indubitable that the event will not take place.
A. True
B. False
10. The condition that some event will not happen at a determinable time shall render the obligation
effective from the moment the time indicated has elapsed, or it has become evident that the event
cannot occur.
A. True
B. False
11. A father promised to give his son if the son will marry B this year. If by the end of the year, B is
already dead or the son has not married B, the obligation to give a car is effective and demandable.
A. True
B. False
12. A father promised to give his daughter a car if the daughter will not marry her boyfriend earlier than
December 31, 2009. If by December 31, 2009, has not yet married her boyfriend, or if prior thereto, her
boyfriend has died, the obligation is extinguished.
A. True
B. False
13. Obligations with a resolutory condition take effect at once, but terminate upon happening of the
condition.
A. True
B. False
A. 14. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day
certain.
A. True
B. False
15. A borrowed money from B and pledged her ring as security. It was agreed that A was to pay the
money loaned with interest at the end of one year. Before the expiration of the one year period.
A. A may compel B to accept her payment.
B. A may be allowed to pay B, if B consents.
C. A may compel B to accept her payment because the period is deemed for the benefit of A.
D. B may refuse As payment as the period is deemed for the benefit of B.
16. The debtor shall lose every right to make use of the period, except
A. When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or
security for the debt.
B. When he does not furnish the creditor the guarantees or securities which he has promised.
C. When through fortuitous events or by his own acts the guaranties or securities have been impaired,
unless he immediately gives new ones equally satisfactory.
D. When the debtor violates any undertaking in consideration of which the creditor agreed to the period.
17. A oblige himself to pay B P100,000 in 30 days plus a penalty of P10,000 if A fails to pay the
obligation in due time. A failed to pay the obligation in 30 days, B can demand from A
A. The principal of P100,000 plus P10,000 penalty.
B. The principal of P100,000 plus P10,000 penalty plus legal interest.
C. The principal of P100,000 plus P10,000 penalty, plus legal interest, plus damages.
D. The principal of P100,000 plus legal interest, plus damages.
18. Action where a person in possession of certain property may bring an action against the conflicting
claimants to compel them to interplead and litigate their several claims among themselves.
A. Garnishment
B. Interpleader
C. Injunction
D. Attachment
19. A judicial process by virtue of which a person is generally ordered to refrain from doing something A.
Garnishment
B. Interpleader
C. Injunction
D. Attachment
20. D is obliged to deliver 5 bags of powder soap to C seven days from their agreement. On due date, D
delivered 5 bags of powder soap mixed with chalk. What is the status of the agreement between D and
C?
A. The agreement is valid. The fraud was committed during the performance of the obligation and not
during the agreement of the parties.
B. The agreement is invalid. The fraud was committed during the performance of the obligation. This is a
case of dolo causante not dolo incidente.
C. The agreement is void. The fraud was committed during the performance of the obligation and not
during the agreement of the parties. This is a case of incidental fraud (dolo incidente) not causal fraud
(dolo causante).
D. The agreement is valid. The fraud was committed during the agreement of the parties. This is a case of
dolo causante not dolo incidente.
21. Dis 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 Ds fault, successively. What is the right of C?
A. D may choose the delivery to him of the price of the watch or the price of the ring plus damages.
B. C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring.
C. C may choose the delivery to him the price of the watch or the price of the ring plus damages.
D. C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring plus
damages.
22. A, B, C and D are obliged to give X, Y and Z P12,000. X may collect from A how much?
A. P1,000. The obligation is joint.
B. As much as P12,000 since the obligation is solidary.
C. P1,000. When the obligation is silent, it is presumed joint.
D. P1,250, if B is incapacitated.
23. A, B, C and D, joint debtors are obliged to give X, Y, and Z, solidary creditors, P12,000. If D is insolvent,
how much may X collect from A?
A. P4,000. As a solidary creditor, X may collect the whole amount owed by the joint debtor A including
the share of D.
B. P4,000. As a solidary creditor, X may collect the whole amount owed by A.
C. P 4,000. As a joint debtor, A maybe demanded to pay the amount he owed and share of D.
D. P 3,000. As a solidary creditor, X may collect the whole amount owed by A.
24. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, joint creditors, P12,000. How much may
X collect from A, if B is insolvent?
A. P3,000. As a joint creditor, X is entitled only to his proportionate share, however, since B is insolvent, A
being a solidary debtor may refuse to pay the share of B.
B. P3,000. As a joint creditor, X is entitled only to his proportionate share, and A being a solidary debtor
may be required to pay the said amount.
C. P4,000. A being a solidary debtor may be required to pay the said amount but may reimburse the
share of B being insolvent debtor.
D. P4,000. As a joint creditor X is entitled only to his proportionate share, and A being a solidary debtor
may be required to pay the said amount.
25. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, solidary creditors, P12,000. How much
may X collect from A?
A. P4,000. X being a solidarity creditor may ask for the payment of his share. A may reimburse from his
co debtors.
B. P12,000. X being a solidarity creditor may ask for the payment of the whole amount. Similarly, A as a
solidary debtor may be required to pay the whole amount.
C. P6,000. X being a solidarity creditor may ask for the any amount and apply it to his share. Similarly, A
as a solidáry debtor may be required to pay the whole amount of the obligation subject to
reimbursement from his co debtors.
D. P12,000. X being a solidarity creditor may ask for the payment of the whole amount in behalf of his co
creditors subject to a responsibility of X to give the latter their corresponding shares. Similarly, A as a
solidary debtor may be required to pay the whole amount of the obligation subject to reimbursement
from his co debtors.
26. A, B and C are solidary debtors of X, Y and Z, solidary creditors, in the amount of P2,700. X renounces
the whole obligation without the consent of Y and Z. The debtors accepted the renunciation. What is the
legal effect of the renunciation?
A. Only the obligation to X is extinguished.
B. The whole obligation is extinguished.
C. The whole obligation is extinguished, Y and Z have no right due to the renunciation as the they are
solidary creditors.
D. The whole obligation is extinguished, however X shall be liable to the corresponding shares of the
other co creditors as they have agreed upon.
27. A, B and C are solidary debtors of X in the amount of P3,000. X renounces the share of A and A
accepts the renunciation. Thereafter B becomes insolvent. What is the legal effect of the renunciation?
A. A will not be liable anymore due to renunciation of his obligation, while C will be liable for P1,500.
Since the remaining obligation is P2,000 after the renunciation of As share, and thereafter B becomes
insolvent.
B. A will not be liable anymore due to renunciation of his obligation, while C will be liable for P2,000,
since this is the remaining obligation after the renunciation of As share, and thereafter B becomes
insolvent,
C. C will be liable for P2,000, since the remaining obligation is P2,000 after the renunciation of As share,
and thereafter B becomes insolvent but subject to reimbursement to A.
D. A will be liable for P500, while C will be liable for P1,500. Since the remaining obligation is P2,000 after
the renunciation of As share, and thereafter B becomes insolvent.
28. A, B and C are solidary debtors of X in the amount of P30,000. C was insane at the time the obligation
was constituted. What is the legal effect?
A. X may collect from either A or B P30,000. Defense of insanity and would not affect the obligation but
maybe availed by C. A or B cannot reimburse the P10,000 to C
B. X may collect from either A or C P30,000. A or B may reimburse to C the excess obligation paid.
C. X may collect from either A or B P20,000. Such defense is personal to C and would therefore affect
only the part of the debt to which C may be responsible.
D. X may collect from either A, B or C P30,000. C may reimburse P5,000 each to A and B due to the
defense of insanity.
29. A, B and C are obliged to deliver a specific horse to X, Y and Z. What would be the legal effect when C
cannot comply with his obligation?
A. A and B may comply with the obligation plus damages.
B. C may be compelled to comply since this is a case of a jointly indivisible obligation.
C. The obligation is converted into a monetary obligation to pay the value of the horse plus damages.
D. This is a case of a jointly obligation, A and B may comply with the obligation.
30. D obtained a loan of P10,000 from C who was in his right mind at the time he granted the loan. On
due date, D paid his obligation of P10,000 to C who had since become insane. C lost P4,000 of the
amount he received and spent P6,000 for his food and other necessary expenses. Was the obligation
extinguished?
A. The obligation is extinguished. Payment of an obligation to an incapacitated person shall be valid
when the person has kept the thing delivered.
B. The obligation is extinguished since payment was made when C was still sane.
C. The obligation is extinguished up to P6,000 only.
D. The obligation is not extinguished. Payment of an obligation to an incapacitated person shall be valid
only insofar as the payment has been beneficial to him.
31. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of 1 and 3 while X
and Y share in the credit in the ratio of 2 and 3. How much may X collect from A if the debtors are joint
debtors, while the creditors are joint creditors?
A. P2,500. The obligation is joint on both the debtor and creditor, therefore there are as many debts
(credits) as debtors (creditors).
B. P5,000. There are as many debts or credits as debtors or creditors.
C. P1,000. There are as many debts or credits as debtors or creditors.
D. P4,000. The obligation is joint on the debtor.
32. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of 1 and 3 while
X and Y share in the credit in the ratio of 2 and 3. How much may X collect from A if there is active
solidarity?
A. P2,500. The amount of the proportionate share of A could be collected by X.
B. P1,000. The proportionate amount of share of A could be collected by X.
C. P5,000. The proportionate amount of share of A could be collected by X.
D. P2,500. The whole amount of the proportionate share of A could be collected by X.
33. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of 1 and 3 while X
and Y share in the credit in the ratio of 2 and 3. How much may X collect from A if there is passive
solidarity?
A. P4,000. Being a joint creditor, X can collect only his corresponding share in the credit.
B. P1,000. Being a joint creditor, X can collect only his corresponding share in the credit.
C. P2,500. Being a joint creditor, X can collect only his corresponding share in the credit.
D. P5,000. Being a joint creditor, X can collect only his corresponding share in the credit.
34. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of 1 and 3 while X
and Y share in the credit in the ratio of 2 and 3. How much may X collect from A if there is mixed
solidarity?
A. P5,000.
B. P2,500.
C. P10,000.
D. Any amount
35. D owes C P10,000. T offers to pay Ds obligation and tells D that D need not reimburse him. However,
D does not give his consent to Ts offer not to be reimbursed. C, nonetheless, accepts the payment from
T. What is the effect of the payment?
A. The payment is invalid insofar as C is concerned. Ds consent is necessary.
B. The payment is valid insofar as T is concerned. The case is deemed to be a donation.
C. The payment is valid insofar as C is concerned. The case is deemed to be a donation, however to be
constituted as such Ds consent is 'necessary.
D. The payment is valid insofar as T is concerned. Ds consent is necessary.
36. D borrowed P10,000 from C with G as guarantor. Subsequently, D paid C P 2,000. Unknown to D, T a
third person paid C P10,000 believing that D still owed C such amount. What is the legal effect of the
payment by T?
A. T can recover P8,000 from D, the amount to which the creditor has benefited could be reimbursed to
the third person paying if the payment was without knowledge of the creditor. If D cannot pay, T can go
after G to collect.
B. T can recover P10,000 from D, if D cannot pay, T cannot go after G to collect.
C. T can recover P10,000 from D, the amount to which the creditor has benefited could be reimbursed to
the third person paying if the payment was without knowledge of the creditor. If D cannot pay, T cannot
go after G to collect.
D. T can recover P8,000 from D, only the amount to which the creditor has benefited could be
reimbursed to the third person paying if the payment was without knowledge of the creditor. If D cannot
pay, T cannot go after G to collect.
37.D owes C the following debts. P4,000 due on May 1, P4,000 due on May 8, P4,000 due on May 15,
P4,000 due on May 22, P4,000 due on May 29, and P4,000 due on June 5. The debts represented the
price of magazines which were delivered to D on a weekly basis. Of the six debts, the one due on May 22
is secured by a pledge of Ds ring. By agreement of the parties, C may demand payment even before the
due date of the debt. As of May 31, D had not paid any of the six debts. On May 31, D wanted to make
payment, but he had only P4,000. How is the payment to be applied?
A. P4,000 on May 1 should be applied.
B. P4,000 on May 8 should be applied.
C. P4,000 on May 15 should be applied.
D. P4,000 on May 22 should be applied.
E. Proportionate share for each obligation.
38. D owes C P50,000. Subsequently, D proposed to C that T will assume Ds debt. C accepted the
proposal of D. On due date, T could not pay because of his insolvency which was in fact existing but was
not known to D or of public knowledge at the time that he delegated his debt. Can C hold D liable?
A. C cannot hold D liable because Ds obligation was extinguished when he was substituted by T.
B. C can hold D liable because Ds obligation was not extinguished when he was substituted by T due to
knowledge of insolvency.
C. C can hold D liable because the substitution was invalid due to the knowledge of insolvency.
D. C can hold D liable because Ds obligation was extinguished when he was substituted by T.
39. D owes C P30,000 due on June 20. C owes D the following debts, P15,000 due on June 2, P4,000 due
on June 14, P6,000 due on June 16, and P3,000 due on June 18. On June 17, C assigned his right to X. C
notified D of the assignment but D did not give his consent thereto. How much may X collect from D on
June 20?
A. P5,000. Since the assignment is without consent of D.
B. P25,000. Since the assignment is with knowledge of D,
C. P25,000. Since the assignment is invalid.
D. P25,000. Since the assignment, although with knowledge, is without consent of D.
40. Specific performance may not be possible in this civil obligation
A. A, a painter, obliges himself to paint the portrait of B on April 9, 2009
B. C, a farmer, obliges himself to give his only cow to D on February 14, 2009
C. E, a veterinarian, obliges himself to give one of his dogs to F on May 1, 2009
D. G, a registrar of deeds, obliges himself to effect registration of H parcel of land on February 28, 2009.
41. This takes place when something is received when there is no right to demand it, and it was unduly
delivered thru mistake.
A. Solutio Indebiti
B. Negotiorum Gestio
C. Vinculum juris
D. Prestation
42. In Accion subrogatoria the creditor may exercise all of the rights and bring all of the actions which
the debtor may have against third persons if
A. If the account is personal
B. The debtors acts are fraudulent
C. The debtor has performed an act subsequent to the contract, giving advantage to other persons
D. Creditor must have the right of return against debtor
43. In Accion Pauliana Rescission, which involves the right of the creditor to attack or impugn by means
of rescissory action any act of the debtor which is in fraud and to the prejudice of his rights as creditor
provided
A. The debt is due and demandable
B. There is a failure of the debtor to collect his own debt from 3rd persons either through malice or
negligence
C. The debtors assets are insufficient
D. The debtor has performed an act subsequent to the contract, giving advantage to other persons
44. When the thing deteriorates with the debtors fault, the creditor may choose one of the following
A. Mutual restitution
B. Rescission or cancellation of the obligation with indemnity for damages
C. Suffer the deterioration of the thing
D. Institute an action for negligence.
45. A sells to B his lot and house in the city if A decides to transfer and live in the countryside is an
example of:
A. Mixed Condition
B. Potestative Condition
C. Casual Condition
D. Resolutory Condition
46. 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 the proper diligence.
A. Observing utmost care.
B. Observing extraordinary diligence
C. Of a father of a good family
D. Observing ordinary diligence
47. A borrower agreed, that in case of non-payment of his debt, to render services as a servant. Which
of the following is not correct?
A. If the services will be rendered in satisfaction of the debt, the stipulation is valid.
B. If the services will be "for free", the stipulation is void for being contrary to law and morals.
C. If the services will not be gratuitous, specific performance of the service will be the proper remedy in
case of non-compliance.
D. Should there be a valid stipulation as regards the rendition of services, an action for damages should
be brought in case of non-compliance.
48. A is obliged to give B 10 kilos of sugar, which of the following is not correct?
A. B can demand that A obtain the sugar and deliver it to him.
B. B can just buy 10 kilos of sugar and charge the expense to A.
C. A can insist on just paying B damages or the monetary value of the sugar.
D. B may require another person to deliver the sugar and charge the expenses to A.
49. With regard to the right as to the fruits of the thing, which is not correct?
A. If the obligation is subject to a suspensive condition, the obligation to deliver arises from the moment
the condition happens.
B. If the obligation is subject to a suspensive condition, the obligation to deliver arises upon the
expiration of the term or period.
C. If there is no condition or term for its fulfillment, the obligation to deliver arises from the perfection of
the contract or creation of the obligation.
D. If the obligation arises from the contract of sale, the vendor has a right to the fruits of the thing from
the time the obligation to deliver arises.
50. A is obliged to deliver his only car to B on November 20, 2009. If A does not deliver, and on
November 22, 2009, a typhoon destroys the car.
A. A is not liable because the obligation is extinguished.
B. A is liable because he is in delay.
C. A and B will divide the loss equally.
D. As obligation is converted into a monetary obligation.
51. On June 24, 2009 A is obliged to give B his specific car. There was no delivery until June 30 when the
garage of the car collapsed due to heavy rain and strong winds of Typhoon Ondoy, and the car was
totally destroyed. Is A still liable?
A. No, even if A was in default, he could plead impossibility of performance.
B. Yes, because the contract is perfected.
C. No, because there was no demand by B to deliver the car.
D. Yes, the obligation to deliver the car is changed to pay the equivalent value because B is in legal delay.
52. A promise to give B his Volvo car if B passes the CPA Board Exams. Pending the results of the exams,
the car is destroyed by a fortuitous event without any fault on the part of A, As a result
A. The obligation of A is extinguished.
B. The obligation of A is converted into monetary obligation.
C. The obligation of A will equitably reduced.
D. A will have to give B another car of equivalent value.
53. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period
or believing that the obligation has become due and demandable.
A. May be recovered without interests.
B. May be recovered with interests.
C. May be recovered with fruits and interests.
D. May not be recovered.
54. This is a valid obligation.
A. A will give B P100,000 if B will kill C.
B. A will give B P1,000,000 if B will agree to be the mistress of A.
C. A will give B P100,000 if B can make C rise from the dead.
D. A will give B P1,000 if B will not pose nude in a painting session.
55. A is obliged to give B, at As option either object No. 1, Object No. 2, or Object No. 3. If all objects
were lost thru As fault, which is correct?
A. The value of the first thing lost plus damages must be given to B.
B. The value of the last thing lost plus damages must be given to B.
C. The value of any of the things lost plus damages must be given to B.
D. The obligation is extinguished.
56. A is obliged to give B, at As option either object No. 1, Object No. 2, or Object No. 3. If objects nos. 1
1and 2 were destroyed by a fortuitous event and later object No. 3 is destroyed by As fault, A would still
be liable.
A. True
B. False
57. A is obliged to give B, at As option either object No. 1, Object No. 2, or Object No. 3. If objects nos. 1
1and 2 were destroyed by As fault and later object No. 3 is destroyed by fortuitous event, A would still be
liable.
A. True
B. False
58. A is obliged to give B either objects No. 1 or No. 2 or No. 3 at Bs option. Before B communicated his
choice to A. object No. 1 had been destroyed, thru As fault and object No. 2 had been destroyed by a
fortuitous event. B may
A. Demand object No. 3 only as it is still available.
B. Demand the price of object No. 1 only plus damages because it was destroyed by As fault.
C. Demand the value of object No 2 as the right of choice belongs to B.
D. Demand either object No. 3 or the price of object No. 1 plus damages.
59. In Facultative obligations, if substitution has been made, and the substitute is lost by a fortuitous
event, which is true?
A. The obligation is extinguished.
B. The debtor is liable for damages.
C. The original prestation must be given.
D. The debtor must give another object which is equally satisfactory.
60. In Facultative obligations, if substitution has been made, but the substitute is lost due to debtors
fault, which is true?
A. The obligation is extinguished.
B. The debtor is liable for damages.
C. The original prestation must be given.
D. The debtor must give another object which is equally satisfactory.
61. Instances where the law imposes solidary liability, except
A. obligations arising from tort.
B. obligations of bailees in commodatum.
C. liability of principals, accomplices and accessories of a felony.
D. liability of partners arising out of a contract.
62. A and B are solidary debtors of C and D, solidary creditors, to the amount of P1,000, C can demand
A. P1,000 from A or P1,000 from B
B. P1,000 from A and P1,000 from B
C. P500 from A or P500 from B
D. P500 from A and P500 from B
63. A and B solidary debtors of C and D, joint creditors, to the amount of P1,000, C can demand
A. P1,000 from A or P1,000 from B
B. P500 from A or P500 from B
C. P500 from A and P500 from B
D. P250 from A and P250 from B
64. A and B joint debtors of C and D, solidary creditors, to the amount of P1,000, C can demand
A. P1,000 from A or P1,000 from B
B. P500 from A or P500 from
C. P500 from A and P500 from B
D. P250 from A and P250 from B
65. A and B are joint debtors of C and D, joint creditors, to the amount of P1,000, C can demand
A. P500 from A or P500 from B
B. P250 from A or P250 from B
C. P250 from A and P250 from B
D. P500 from A and P500 from B
66. A, B and C are joint debtors of D for P3,000. If A is insolvent, how much should B pay D?
A. P1,000
B. P1,500
C. P2,000
D. P3,000
67. In 2007, A, B, and C bound themselves in solidum to give D P9,000 subject to the following
conditions: A will pay in 2007, B, if D passes the 2008 CPA board exams and C will pay in 2009. In 2007,
how much can D demand from C?
A. P9,000
B. P6,000
C. P3,000
D. PO
68. A, B and C are solidary debtors of D for P3,000. D remitted Cs share. A therefore paid later only
P2,000. A can recover reimbursement from B in the amount of
A. P1,000
B. P1,500
C. P500
D. PO
69. A, B and C are solidary debtors of D for P3,000. D remitted Cs share. A therefore paid later only
P2,000. if B is insolvent, A can recover from C the amount of
A. P1,000
B. P1,500
C. P500
D. PO
70. A, B and C are solidary debtors of D for P1,000. D remitted the entire obligation when A offered to
pay. A can demand reimbursement from B in the amount of
A. P1,000
B. P1,500
C. P333
D. P0
71. A, B and C are solidary debtors of D for P3,000 but A was incapacitated to give his consent as he was
a minor. If D sues B, how much will B be liable for?
A. P3,000
B. P2,000
C. P1,000
D. P 0
72. A, B and C are solidary debtors of D for P3,000 but A was incapacitated to give his consent as he was
a minor. If D sues A, how much will B be liable for?
A. P3,000
B. P2,000
C. P1,000
D. P 0
73. This is not necessary in order that compensation may prosper.
A. That the two debts are both due.
B. That the two debts be liquidated and demandable.
C. That there be retention or controversy commenced by third persons and communicated in due time to
the debtor.
D. Both debts consists in a sum of money, or if the things due are consumable, they be of the same kind,
and also of the same quality if the latter has been stated.
74. Compensation cannot take place, except
A. When one debt arises from the obligations of a depositary.
B. When one debt arises from the obligations of a bailee in commodatum.
C. When one debt arises because of a claim for support due to gratuitous title.
D. When one debt arises from a bank deposit.
75. The transfer to a third person of all the rights appertaining to the creditor.
A. Delegacion
B. Expromission
C. Subrogation
D. Novation
76. Legal subrogation is presumed in the following. Which is not correct?
A. When a third person, not interested in the obligation, pays with the approval of the creditor.
B. When a creditor pays another creditor who is preferred, even without the debtors knowledge.
C. When a third person, not interested in the obligation, pays with the express or tacit approval of the
debtor.
D. When, even without the knowledge of the debtor, a person interested in the fulfillment of the
obligation pays, without prejudice to the effects of confusion as to the latters share.
77. Proof of actual damages suffered by the creditor is not necessary in order that the penalty previously
agreed upon may be demanded.
A. True
B. False
78. I promise to give you one of my cars. What kind of object is this?
A. Generic
B. Specific
C. Determinate
D. Limited generic
79. Which of the following is an obligation established by agreement of the parties?
A. Unilateral obligation
B. Bilateral obligation
C. Conventional
D. Statutory
80. Which of the following is a divisible obligation?
A. To deliver a car
B. To not kill any one
C. To pay one million pesos
D. To not compete with employer after retirement
81. I will pay you 1 million for the car I bought from you. What kind of obligation is this?
A. Pure obligation
B. Conditional obligation
C. Joint obligation
D. Solidary obligation
82. This obligation is characterized by being immediately due and by lack of burden of time or condition.
A. Pure obligation
B. Conditional obligation
C. Joint obligation
D. Solidary obligation
83. A debtor is liable for the whole obligation although he has other co debtors.
A. Pure obligation
B. Conditional obligation
C. Joint obligation
D. Solidary obligation
84. The general rule here is that interest stipulated in the agreement is generally substitute for fine. If
parties agree, interest stipulated and fine should be paid.
A. Simple obligation
B. Alternative obligation
C. Facultative obligation
D. Obligation with a penalty
85. Husband has an obligation to support his wife and children. What kind of obligation is this?
A. Obligation ex lege
B. Obligation ex contractu
86. A, B, and C are joint debtors of joint creditors W, X, Y and Z in the amount of Php300,000. How much
can W and X collect from B?
A. Php75,000
B. Php150,000
C. Php100,000
D. None of the choices
87. D1, D2 and D3 are solidary debtors or C for Php30,000. The obligation is in writing. After the lapse of
the ten year prescriptive period, which of the following statements is incorrect.
A. If D1 paid C knowing that the obligation has prescribed, D1 cannot ask for reimbursement from D2
and D3.
B. If D1 paid C, not knowing that the obligation has prescribed, D1 cannot ask for reimbursement from
D2 and D3.
C. If D1 paid C, D1 cannot ask for reimbursement from D2 and D3.
D. None of the choices.
88. In which of these cases is advance payment recoverable by the debtor?
A. If the payment is only of interest credited for the proper period.
B. If the debtor voluntarily paid the obligation knowing that is not yet due and demandable.
C. If the debtor is unaware of the period.
D. If the obligation is reciprocal and both parties advance payment.
89. D owes C Php10,000 payable on December 25. Later, D forced C to sign a promissory note for
Php10,000 payable on December 25. If all of the requisites of compensation is present, are both debts
extinguished?
A. Yes, under legal compensation.
B. No, B's consent was obtained by force.
C. Yes, with the approval of the court.
D. None of the choices.
90. The delivery and transmission of ownership of the thing by the debtor to the creditor as an accepted
equivalent performance of an obligation is called
A. Payment by cession
B. Dation in payment
C. Consignation
D. Remission
91. Consignation alone, as a special form of payment, may extinguish an obligation under any of the
following instances, except:
A. When the creditor is absent,, or is unknown or does not appear in the place of payment
B. When the creditor is capacitated to receive payment
C. When the creditor refuses to issue receipts
D. When there are two or more persons claiming title to one and the same obligation
E. When the title to the same obligation has been lost.
92. The act of 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:
A. Dation in payment
B. Payment by cession
C. Tender of payment
D. Set off
93. Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the
creditor. Such benefit to the creditor need not be proved in the following cases, except:
A. If the debtor paid a third person without the consent of the creditor
B. If by the creditors conduct, the debtor has been led to believe that the third person had authority to
receive the payment.
C. If after the payment, the third person acquires the creditors rights
D. If the creditor ratifies the payment to the third person
94. It is presumed that there is legal subrogation, except:
A. When a creditor pays another creditor who is preferred, even without the debtors knowledge
B. When a third person, not interested in the obligation, pays with the express or tacit approval of the
debtor
C. When, even without the knowledge of the debtor, a person interested in the fulfillment of the
obligation pays, without prejudice to the effects of confusion as to the latters share
D. When the debtor paid a third person not interested in the obligation.
95. Arises whenever a person voluntarily takes charge of the management of anothers property without
the latters authority.
A. Solutio Indebiti
B. Negotiorum Gestio
C. Contract
D. Obligation
96. The following are the requisites of an obligation, except
A. Passive and active subject
B. Prestation
C. Efficient cause
D. Demand
97. The right of the creditor that is enforceable against a definite debtor is
A. Real right
B. Natural right
C. Moral right
D. Personal right
98. Which of the following is a civil obligation?
A. X obliges himself to pay Y P10,000 on October 30, 2009.
B. A is a debtor of B for P20,000 due on September 30, 1995.
C. The obligation of a husband and wife to observe fidelity.
D. The obligation of a catholic to hear mass every Sunday.
99. Where a debtor transfers all his properties not subject to execution in favor of his creditors so that
the latter may sell them and thus apply the proceeds to their credits.
A. Dation in payment
B. Cession
C. Application of payment
D. Consignation
100. The act of offering the creditor what is due him together with a demand that the creditor accept
the same.
A. Application of payment
B. Tender of payment
C. Datio in solutum
D. Cession
101. The meeting in one person of the qualities of creditor and debtor with respect to the same
obligation.
A. Confusion
B. Compensation
C. Novation
D. Condonation