OBLIGATIONS AND CONTRACTS REVIWER 1
1. Upon the proposal of a third person, a new debtor substituted the original debtor without the latter’s consent. The
creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation.
What is the effect of the new debtor’s default upon the original debtor?
a. The original debtor is freed of liability since novation took place and this relieved him of his obligation
b. The original debtor shall pay or perform the obligation with recourse to the new debtor
c. The original debtor remains liable since he gave no consent to the substitution
d. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part
2. The following are the elements of an obligation, except
a. Active and passive subjects b. Efficient cause c.
Prescription d. Vinculum
3. The right of the creditor that is enforceable against anybody is, what kind of right?
a. Personal b. Moral c. Natural
d. Real
4. The following are the requisites of an obligation, except
a. Passive and active subjects b. Prestation c. Efficient cause
d. Demand
5. 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
6. The person in whose favor the obligation is constituted
a. Obligor
b. Obligee c. Passive subject d. Debtor
7. 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 c. Of a father of a good family
b. Observing extraordinary care d. Observing ordinary diligence
8. Ordinary diligence is
a. Diligence of a good father of a family c. Diligence required by law
b. Extraordinary diligence d. Diligence of a father of a good family
9. The creditor has a right to the fruits of the thing
a. From the time the obligation to deliver it arises c. From the time there is meeting of the minds
b. From the time the fruits have been delivered d. From the perfection of the contract
10. Debtor’s default in personal obligation
a. Mora accipiendi c. Mora solvendi-ex persona
b. Mora solvendi ex-re d. Compensatio morae
11. Default on the part of the creditor
a. Mora accipiendi c. Mora solvendi ex persona
b. Solvendi ex-re d. Compensatio morae
12. Default on the part of both parties
a. Mora accipiendi c. Mora solvendi ex persona
b. Mora solvendi ex-re d. Compensatio morae
13. A borrowed money from B payable on Dec. 10, 2015. If A failed to pay on due date, will A be in delay?
a. Yes, because there is stipulation as regards the due date. c. No, because demand has not been made by B
b. Yes, if the obligation is in writing. d. No, if A has the money to pay B
14. A is obliged to deliver his only car to B on November 20, 2011 If A does not deliver, and on November 22, 2011, a
typhoon destroys the car, which is correct?
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. A’s obligation is converted into a monetary obligation
15. A is obliged to give B his specific car on December 31, 2015. There was no delivery and on January 4, 2016 the
garage of the car collapsed due to heavy rains and strong winds of Typhoon Pining, 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
16. This obligation is demandable at once when it
a. Has a resolutory condition b. Has a suspensive condition c. Is with a term ex-die d. Has a period
17.When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be with a
a. Resolutory period b. Suspensive condition c. Potestative condition d. Period
18. A period with a suspensive effect
a. I will support you beginning January 1 of next year c. I will support you if A dies of TB
b. I will support you until January 1 of next year d. will support you if A marries B
19. A period with a resolutory effect
a. I will support you beginning January 1 of next year c. I will support you if A dies
b. I will support you until A dies d. I will support you if A dies of TB
20. The obligation begins only from a day certain or upon the arrival of the period
a. Ex die b. In diem c. Conditional d. With a period
21. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit
a. Of both the creditor and debtor c. Of the debtor only
b. Of the creditor only d. Of third persons
22. Where two or more prestations have been agreed upon but only one is due, the obligation is
a. Alternative b. Facultative c. Conjoint d. Solidary
23.Using the preceding number, the right of choice as a general rule, belongs
a. To the debtor b. To the creditor c. To both debtor and creditor d. To third person
24. A is obliged to give B, at A’s option either object No.1, Object No. 2, or Object No.3. If all objects were lost thru
A’s 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
25. I. Using the preceding number, if objects nos. 1 and 2 were destroyed by a fortuitous event and later object No. 3 is
destroyed by A’s fault, A would still be liable.
II. Using the preceding number, if objects Nos. 1 and 2 were destroyed by A’s fault and later object No.
3 is lost by a fortuitous event, A would still be liable.
a. True, true b. True, false c. False, true d. False, false
26. In a joint obligation, joint means any of the following, except
a. pro-rata c. mancomunada simple
b. proportionate d. Individually and collectively
27. In Facultative obligations, if substitution has been made, which of the following is false?
a. The obligation is extinguished
b. The loss of the original prestation is immaterial
1. Upon the proposal of a third person, a new debtor substituted the original debtor without the latter’s consent. The
creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation.
What is the effect of the new debtor’s default upon the original debtor?
a. The original debtor is freed of liability since novation took place and this relieved him of his obligation
b. The original debtor shall pay or perform the obligation with recourse to the new debtor
c. The original debtor remains liable since he gave no consent to the substitution
d. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part
2. The following are the elements of an obligation, except
a. Active and passive subjects b. Efficient cause c.
Prescription d. Vinculum
3. The right of the creditor that is enforceable against anybody is, what kind of right?
a. Personal b. Moral c. Natural
d. Real
4. The following are the requisites of an obligation, except
a. Passive and active subjects b. Prestation c. Efficient cause
d. Demand
5. 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
6. The person in whose favor the obligation is constituted
a. Obligor
b. Obligee c. Passive subject d. Debtor
7. 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 c. Of a father of a good family
b. Observing extraordinary care d. Observing ordinary diligence
8. Ordinary diligence is
a. Diligence of a good father of a family c. Diligence required by law
b. Extraordinary diligence d. Diligence of a father of a good family
9. The creditor has a right to the fruits of the thing
a. From the time the obligation to deliver it arises c. From the time there is meeting of the minds
b. From the time the fruits have been delivered d. From the perfection of the contract
10. Debtor’s default in personal obligation
a. Mora accipiendi c. Mora solvendi-ex persona
b. Mora solvendi ex-re d. Compensatio morae
11. Default on the part of the creditor
a. Mora accipiendi c. Mora solvendi ex persona
b. Solvendi ex-re d. Compensatio morae
12. Default on the part of both parties
a. Mora accipiendi c. Mora solvendi ex persona
b. Mora solvendi ex-re d. Compensatio morae
13. A borrowed money from B payable on Dec. 10, 2015. If A failed to pay on due date, will A be in delay?
a. Yes, because there is stipulation as regards the due date. c. No, because demand has not been made by B
b. Yes, if the obligation is in writing. d. No, if A has the money to pay B
14. A is obliged to deliver his only car to B on November 20, 2011 If A does not deliver, and on November 22, 2011, a
typhoon destroys the car, which is correct?
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. A’s obligation is converted into a monetary obligation
15. A is obliged to give B his specific car on December 31, 2015. There was no delivery and on January 4, 2016 the
garage of the car collapsed due to heavy rains and strong winds of Typhoon Pining, 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
16. This obligation is demandable at once when it
a. Has a resolutory condition b. Has a suspensive condition c. Is with a term ex-die d. Has a period
17.When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be with a
a. Resolutory period b. Suspensive condition c. Potestative condition d. Period
18. A period with a suspensive effect
a. I will support you beginning January 1 of next year c. I will support you if A dies of TB
b. I will support you until January 1 of next year d. will support you if A marries B
19. A period with a resolutory effect
a. I will support you beginning January 1 of next year c. I will support you if A dies
b. I will support you until A dies d. I will support you if A dies of TB
20. The obligation begins only from a day certain or upon the arrival of the period
a. Ex die b. In diem c. Conditional d. With a period
21. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit
a. Of both the creditor and debtor c. Of the debtor only
b. Of the creditor only d. Of third persons
22. Where two or more prestations have been agreed upon but only one is due, the obligation is
a. Alternative b. Facultative c. Conjoint d. Solidary
23.Using the preceding number, the right of choice as a general rule, belongs
a. To the debtor b. To the creditor c. To both debtor and creditor d. To third person
24. A is obliged to give B, at A’s option either object No.1, Object No. 2, or Object No.3. If all objects were lost thru
A’s 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
25. I. Using the preceding number, if objects nos. 1 and 2 were destroyed by a fortuitous event and later object No. 3 is
destroyed by A’s fault, A would still be liable.
II. Using the preceding number, if objects Nos. 1 and 2 were destroyed by A’s fault and later object No.
3 is lost by a fortuitous event, A would still be liable.
a. True, true b. True, false c. False, true d. False, false
26. In a joint obligation, joint means any of the following, except
a. pro-rata c. mancomunada simple
b. proportionate d. Individually and collectively
27. In Facultative obligations, if substitution has been made, which of the following is false?
a. The obligation is extinguished
b. The loss of the original prestation is immaterial
