OBLIGATIONS

THEORY

1. The following are the requisites of an obligation, except

a. Passive subject, debtor or obligor c. Efficient cause
b. Active subject, creditor or oblige d. Demand

2. The person who has the duty of giving, doing or not doing
a. Obligee c. Active subject
b. Obligor d. Creditor

3. The person in whose favor the obligation is constituted

a. Obligor c. Passive subject
b. Obligee d. Debtor

4. It refers to the juridical tie or efficient cause that binds the parties to the obligation
a. Obligee c. Prestation
b. Obligor d. Vinculum

5. It is an obligation which is based on positive law and gives right to enforce its performance
a. Natural obligation c. Moral obligation
b. Civil obligation d. Legal obligation

6. Which of the following statements does not pertain to natural obligation?

a. It is not enforceable in a court of justice
b. Obligation exists by reason of equity and moral justice
c. If performed voluntarily, recovery can no longer be made
d. There is juridical necessity to perform it

7. The duty not to recover what has voluntarily been paid although payment was no longer required
a. Civil Obligation c. Moral Obligation
b. Natural Obligation d Juridical Obligation

8. Obligations may arise from any of the following, except

a. Contracts c. Law
b. Quasi-contracts d. Prestation

9. The source of an obligation which is a rule of conduct, just and obligatory, promulgated by legitimate
authorities for common good, benefit and observance
a. Contracts c. Delicts
b. Quasi contracts d. Law

10. The duty to pay taxes and to support one’s family are obligations arising from
a. Law c. Quasi Contracts
b. Contracts d. Delicts

11. It is a source of a civil obligation that refers to a juridical relation which arises from certain lawful, voluntary
and unilateral act, to the end that no one may be unjustly enriched or benefited at the expense of another
a. Quasi-delict c. Contract
b. Quasi-contract d. Delict
12. Which of the following is not considered as quasi contract?
a. Solution Indebiti
b. When the third person without the knowledge of the debtor, pays the debt
c. Negotiorum Gestio
d. Reimbursement due to a person who saved the property during fire or storm without the owner’s
knowledge

13. When something is received when there is no right to demand it, and it was unduly delivered thru mistake,
the recipient has the duty to return it
a. Quasi-contract c. Negotiorum gestio
b. Quasi-delict d. Solutio indebiti

14. When a person voluntarily takes charge of another’s abandoned business or property without the owner’s
authority where reimbursement must be made for necessary and useful expenses
a. Quasi-contract c. Negotiorum gestio
b. Quasi-delict d. Solutio indebiti

15. A fault or act or omission of care which causes damage to another, there being no pre-existing contractual
relations between the parties
a. Quasi-contract c. Negotiorum gestio
b. Quasi-delict d. Solutio indebiti

16. It refers to the negligence or fault that is a source of civil obligation wherein a person by act or omission cause
damage to another
a. Culpa criminal c. Culpa aquiliana
b. Culpa contractual d. Culpa legal

17. It refers to a ground for breach of obligation that refers to the deliberate and intentional evasion for the normal
fulfillment of obligation
a. Mora or delay c. Culpa or negligence
b. Dolo or fraud d. Contravention of the tenor of the obligation

18. It is a thing that is particularly designated or physically segregated from all others of the same class
a. Generic thing c. Determinate thing
b. Indeterminate thing d. Real thing

19. If a thing refers to a class, to a genus and cannot be pointed out with particularity
a. Generic c. Determinate
b. Specific d. Indeterminate

20. One of the following is a specific thing

a. Toyota Fortuner car
b. Mitsubishi Montero Sports car
c. Isuzu Altera
d. A Toyota car with engine no. 12345, body no. 6789 and plate no. ABC 123

21. Spontaneous products of the soil and the offspring and other products of animals
a. Natural c. Civil
b. Industrial d. Penal

22. Fruits arising out of contracts - like interest payments

a. Natural c. Civil
b. Industrial d. Penal

23. Products of the soil through cultivation or intervention of human labor

a. Natural c. Civil
b. Industrial d. Penal

24. The creditor has the right to the fruits of the thing
a. From the time the obligation to deliver it arises
b. From the time the fruits have been delivered
c. From the time there is meeting of the minds
d. From the perfection of the contract
25. Unless the law or the stipulation of the parties requires another standard of care, the obligation to give a thing
carries with it the obligation to take care of it with
a. Extra-ordinary diligence
b. Degree of care agreed upon by the parties
c. Diligence of a Good Father of a Family
d. Diligence of a Good Family of a Father

26. 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. 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
a. Personal right and real right, respectively c. Both are considered a personal right
b. Real right and personal right, respectively d. Both are considered a real right

27. What is the term for the delay on the part of the debtor?
a. Mora solvendi c. Compensatio morae
b. Mora accipiendi d. Mora obligor

28. This refers to delay on the part of the creditor

a. Mora solvendi ex re c. Mora solvendi ex persona
b. Compensatio morae d. Mora accipiendi

29. Which of the following is demand necessary to make the debtor in delay in the performance of his obligation?
a. When the time of performance is of the essence c. When the law so provides
b. When the time of performance has been stipulated d. When demand would be useless

30. Which of the following statements concerning delay is incorrect?

a. There is no delay in obligations not to do
b. Delay, as a rule, exists, when the debtor does not perform his obligation on the date it is due
c. Demand, as a rule, is required, in order for delay to exist
d. When time is of the essence of the contract, delay on the part of the debtor exists despite the absence of
demand

31. They are damages awarded by the court by reason of physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury
a. Nominal damages c. Temperate damages
b. Exemplary damages d. Moral damages

32. Damages awarded to vindicate a right

a. Liquidated c. Nominal
b. Actual d. Exemplary

33. When the exact amount of damages cannot be ascertained

a. Exemplary c. Temperate
b. Liquidated d. Moral

34. Statement I: The receipt of a later installment of a debt without reservation as to prior installments, shall give
rise to a rebuttable presumption that such installments have been paid
Statement II: If a taxpayer pays his income tax liability for the current year, there is a presumption that tax
liability for the previous year has been paid
a. True; true c. False; true
b. True; false d. False; false

35. Which of the following is not a proper remedy for the creditor?
a. To compel the debtor to make the delivery, if the obligation is to deliver a determinate thing
b. To ask that the obligation be complied with at the expense of the debtor, if the obligation is to deliver a
generic thing
c. To compel the debtor to perform the obligation, if the obligation is an obligation to do
d. To ask the debtor that what has been done be undone, if the obligation is an obligation not to do