Question: 1. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Conditional b. Simple c. Pure

1.When the debtor binds himself to pay when his means permit him to do so, the obligation is:

a. Conditional

b. Simple

c. Pure

d. With a period

2. Rents of buildings, price of leases of lands and other property and the amount of perpetual or life annuities or other income -

a.Natural fruits

b. Real fruits

c. Industrial fruits

d. Civil fruits

3. Statement 1: Nicolo obliges himself to give Prax a specific car tomorrow. If Nicolo failed to deliver tomorrow after the demand is made, Prax may compel Nicolo to do his obligation and may ask for damages.

Statement 2: Nicolo obliges himself to give Prax a specific car tomorrow. If Nicolo failed to deliver tomorrow after the demand is made, Prax has the right to ask a third person to deliver the car to her at the expense of Nico, plus damages.

a.Both statements are true.

b.Both statements are false.

c.Only Statement 1 is true.

d.Only Statement 2 is true.

4. Effect of the loss of thing due of the thing in a facultative obligation. Which of the following is false?

a. Before substitution, if the substitute thing is lost due to debtor's fault, there is no more obligation

b. Before substitution, if the principal thing is lost due to fortuitous event, there is no more obligation

c. Culpable loss of the object which the debtor may deliver in substitution before the substitution is effected does not give rise to any liability on the part of the debtor

d. After substitution, if the principal thing is lost, the debtor is no longer liable even if it was lost due to his fault

5. Statement 1: In alternative obligations, it is the notice of which prestation to perform made by the debtor shall convert the alternative obligation into pure or simple one.

Statement 2: In case of a joint obligation, the co-debtors may be held liable for the share of an insolvent co-debtor.

a.Both statements are true.

b.Both statements are false.

c.Only Statement 1 is true.

d.Only Statement 2 is true.

6. Statement 1: Michelle obliged herself to give Rochelle P10,000. However, the day before the payment was due, her house was burnt down by an accident together will all her cash. The obligation of Michelle is totally extinguished because of a fortuitous event.

Statement 2: "I will give you P10,000 as soon as possible." This is presumed to be an obligation for the benefit of both debtor and creditor.

a.Both statements are true.

b.Both statements are false.

c.Only Statement 1 is true.

d.Only Statement 2 is true.

7. Which of the following is not an obligation with a period?

a. Payable soonest

b. Obligation to pay little by little

c. Payable within a year

d. None of the above

8. Statement 1: Diligence of a good father of a family means an ordinary care.

Statement 2: Common carriers are expected to render care comparable to that care that an average person would do in taking care of his property.

a.Both statements are true.

b.Both statements are false.

c.Only Statement 1 is true.

d.Only Statement 2 is true.

9. This refers to the payment by the offender of the value of the object of the crime, when such object cannot be returned to the injured party.

a. Restitution

b. Violation

c. Indemnification

d. Reparation

10. Alvin sold to Andrew a specific car for P1Million and promised to deliver on June 26, 2021. The next day after the sale was made, Alvin sold the car to Paolo and delivered the same the next day. If no delivery was made by Alvin to Andrew on June 27, 2021, which of the following is correct?

A. Alvin is not in default because there was no demand made.

B. Andrew can cancel the contract between Alvin and Paolo because his contract with Alvin was perfected ahead.

C. Alvin is liable to Paolo for the value of the car plus damages.

D. Alvin is in default even if there is no demand and shall answer for damages.

11. Which of the following is considered a quasi-delict?

A. Reimbursement due to the person who saved property during fire or storm without knowledge of the owner

B. Solutio indebiti

C. Neighbor accidentally knocking the fence of another

D. When a third person, without knowledge of the debtor, pays debt

12. This is a type of subsdiary rights of a creditor where an action where the creditor files an action in court for the rescission of acts or contracts entered into by the debtor designed to defraud the former

A. Accion subrogatoria

B. Accion paulina

C.Accion subragatora

D. Accion pauliana

13. The following are sources of an obligation except:

A. Prestation

B. Contract

C. Law

D. Quasi-delict

14. Statement 1: Obligation to do is also known as negative personal obligation.

Statement 2: Obligation not to do is otherwise known as positive personal obligation

A.Both statements are true.

B.Both statements are false.

C.Only Statement 1 is true.

D.Only Statement 2 is true.

15. Statement 1: The concurrence of more than one creditor or more than one debtor in one and the same obligation implies solidarity.

Statement 2: In alternative obligations, where the right of choice is exercised by the creditor, consent of the debtor as to the creditor's choice of which prestation to perform is necessary.

A.Both statements are true.

B.Both statements are false.

C.Only Statement 1 is true.

D.Only Statement 2 is true.

16. Althea sold a specific car to Laura a car for P2M to be paid as follows: P200,000 upon delivery of the car and the balance at the rate of P50,000 every month thereafter until full payment. Subsequently, the car got burned in possession of Laura, without her fault, before the payment of balance. Is Laura obliged to pay the balance?

A. Yes, because of the principle, "the thing perishes with the owner."

B. No, the car was lost without Laura's fault. Thus, Laura's obligation is extinguished.

C. Yes, but Althea must give another car because of the principle, "genus nunquam perit" or the genus never perishes.

D. No, because this is an installment sale and that until the buyer pays the price of the sale, the seller remains to be the owner.

17. It is a claim or title to an interest in anything whatsoever that is enforceable by law.

A. Property

B. Right

C. Obligation

D. Receivable

18. "I will give you this chair provided that if I would like to have it again in the next five years, you should return the same to me." This obligation is -

A.Void, because the fulfillment depends on the sole will of the debtor

B.Valid, because the obligation is that with have a period but they can just ask the courts to fix it

C.Valid, because the condition merely cause the loss of rights already acquired

D.Void, because the fulfilment depends upon the will of the creditor

19. "I promise to continue allowing my son, Pablo, to stay in my condo unit until he marries." The obligation is subject to:

A.Suspensive period

B.Resolutory condition

C.Suspensive condition

D.Resolutory period

20. Extinguishes the obligation upon the happening of the condition:

A. Resolutory

B. Suspensive

C. Pure

D. Period

21. Dylan sold his only cow to Aira for P30,000. No date was stipulated for the delivery of the cow. While still in possession of Dylan, the cow gave birth to a calf. Which of the following is true?

A. Dylan is entitled to the calf if they did not know that the cow was pregnant during their agreement.

B. Aira would be entitled only if she paid additional costs to the calf.

C. Aira is entitled to the calf which was born after the perfection of the contract.

D. Dylan is entitled to the calf because it was born before his obligation to deliver the cow arose.

22. Every obligation whose performance does not depend upon future or uncertain event, or upon a past event unknown to parties is called:

A. Conditional obligation

B. Indivisible obligation

C. Pure obligation

D. Joint obligation

23. "Citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines." What is the active subject in this case?

A. City Treasurer's Office

B. Government Owned and Controlled Corporation

C. Bureau of Internal Revenue

D. National Government of the Philippines

24. It is one by which a party sues another for the enforcement of a right, or the prevention or redress of a wrong:

A. Cause of action

B. Special proceeding

C. Civil action

D. Source of action

25. Statement 1: "I will give you a specific car if you will not marry this year." If by the end of 2021 where both parties are still alive, the obligation to give a car is extinguished.

Statement 2: "I will give you P10,000 if you cannot make a dead man alive." This is an impossible condition, obligation is not demandable.

A.Both statements are true.

B.Both statements are false.

C.Only Statement 1 is true.

D.Only Statement 2 is true.

26. Statement 1: In personal obligations, once the condition fulfilled, it shall retroact to the day of constitution of obligation. The condition is only an accidental element of a contract. Hence, the condition is valid even in absence of such condition.

Statement 2: When a debtor binds himself to pay "little by little," the obligation is for the benefit of the debt

A.Both statements are true.

B.Both statements are false.

C.Only Statement 1 is true.

D.Only Statement 2 is true.

27. Where the debtor is alternatively bound by different prestations but the complete performance of one of them is sufficient to extinguish the obligation

A.Distributive obligation

B.Facultative obligation

C.Compound obligation

D.Alternative obligation

28. A presumption which may be contradicted or overcome by other evidence:

A. Doubtful presumption

B. Conclusive presumption

C. Qualitative presumption

D. Disputable presumption

29. In which of these cases is advanced payment recoverable by the debtor?

A. If the debtor is unaware of the period

B. If the payment if for the interest credited for the proper period

C. If the obligation is reciprocal and both parties had advanced their payment

D. If the debtor voluntarily paid the obligation knowing that it is not yet due and demandable

30. Juliet is about to be married with Romeo on June 11, 2021. She made a contract with Tanya, a famous tailor, to make her bridal gown according to her specifications. On June 11, Tanya failed to make the gown. Romeo and Juliet were infuriated. Can they sue Tanya?

A.Yes, because by tomorrow the gown would be useless to Tanya.

B.No, because they did not demand Tanya. Hence, no delay, no demand.

C.Yes, because demand could be monetized.

D.Yes, if they could show receipts that Tanya was in delay.

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