Quiz No. 1 Prelims Suggested Answers

1.
A natural obligation under the New Civil Code of the Philippines is one which
a. The obligor has a moral obligation to do, otherwise entitling the obligee to damages.
b. Refers to an obligation in writing to do or not to do
c. The obligee may enforce through the court if violated by the obligor.
d. Cannot be judicially enforced authorizes the obligee to retain the obligor’s payment or performance
2. The following are sources of obligations derived from law, except
a. contracts b. quasi-contracts c. delicts d. quasi-delict
3. A juridical relation resulting from a lawful, voluntary, and unilateral act and which has for its purpose the
payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another
a. Contract b. Quasi-contract c. Delict d. Quasi-delict
4. 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 b. Quasi-delict c. Negotiorum gestio d. Solutio indebiti
5. 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 b. Quasi-delict c. Negotiorum gestio d. Solutio indebiti
6. Which of the following is a civil obligation?
a. A obliges himself to pay B P10,000 on October 30, 2021.
b. C is a debtor of D for P20,000 due on September 30, 1985.
c. The obligation of husband and wife to observe fidelity.
d. The obligation of a catholic to hear mass every Sunday.
7. The following are the elements of an obligation, except
a. Active and passive subjects b. Efficient cause c. Prescription d. Vinculum
8. The right of the creditor that is enforceable against anybody is, what kind of right?
a. Personal b. Moral c. Natural d. Real
9. From the time the fruits have been delivered, the creditor shall acquire
a. Real right b. Personal right c. Moral right d. Inchoate right
10. On August 1, 2020, A obliged himself to give his only dog to B if B passes the October 2020 CPA
Examination. If the CPA examination was held on October 10, 11, 17, and 18 and the results were released
on October 19, 2020 and B passed and took his oath on November 20, 2020, B is entitled to the dog on
a. August 1, 2020 b. October 18, 2020 c. October 19, 2020 d. November 20, 2020
11. Using the preceding number, if the dog gave birth to a puppy on October 18, 2020, which of the following
statements is correct?
a. A is entitled to the puppy because in unilateral obligation, the debtor shall appropriate the fruits.
b. B is entitled to the puppy because the condition has been fulfilled and such shall retroact to the day of
constitution of the obligation.
c. B may demand from A the value of the puppy and damages if A refuses to give the puppy.
d. A shall pay damages to B if A shall appropriate the puppy.
12. Using the preceding number, if A delivered the dog and the puppy on October 20, 2020 which of the
following statements is correct?
a. B acquired real right over the dog and the puppy.
b. B can sell the dog and the puppy.
c. A can recover the puppy but not the dog.
d. A can recover the dog but not the puppy.
13. A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses
for medical attendance?
Answer 1: The husband, because it is his duty to support his wife, including medical attendance.
Answer 2: The parents, because they were the persons who brought the wife to the hospital
a. Both answers are correct. c. Only the first is correct.
b. Both answers are not correct. d. Only the second is correct.
14. 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 expenses 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.
15. Debtor’s default in real obligation
a. Mora accipiendi c. Mora solvendi ex persona
b. Mora solvendi ex-re d. Compensatio morae
16. A borrowed money from B payable on December 10, 2021. If A failed to pay on the due date, will A be in
delay?
a. Yes, because there is a stipulation as regards the due date.
b. No, because demand has not been made by B.
c. Yes, if the obligation in writing.
d. No, if A has the money to pay B.
17. Damages awarded to vindicate a right
a. Liquated b. Actual c. Nominal d. Exemplary
18. A obliged himself to deliver to B the following:
1. 2021 Yamaha Organ
2. Passenger jeepney with engine No. 0210 and chassis No. 0202
First statement: In case A failed to deliver a 2021 Yamaha Organ, the court may compel A to deliver a 2021
Yamaha Organ plus damages.
Second statement: In case A failed to deliver the jeepney, the court may compel A to deliver the jeepney
plus damages.
RFBT by Atty. Bernard D. Bakilan, CPA, LLM Page 1 of 2

a. True, true b. True, false c. False, true d. False, false
19. Statement 1: Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for
fraud is void.
Statement 2: If the law or contract does not state the diligence which is to be observed in the performance
of an obligation, that which is expected of a father of a good family shall be required.
20. A is obliged to deliver his only car to B on November 20, 2021. If A does not deliver, and on November 22,
2021 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.
21. The thing itself shall be restored, as a rule
a. Restitution b. Reparation c. Indemnification d. Starvation
22. The consequential damages suffered by the injured person and those suffered by his family or third person
by reason of the act.
a. Restitution b. Reparation c. Indemnification d. Starvation
23. Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors
a. Accion reinvindicatoria
b. Accion pauliana
c. Accion subrogatoria
d. Accion quanti-minoris
24. Statement 1: There is no delay in an obligation not to do something
Statement 2: Solutio indebiti and negotiorum gestio are implied contracts
25. The creditor has a right to the fruits of the thing from the time
a. The thing is delivered. c. The obligation to deliver the thing arises.
b. The fruits are delivered. d. The sale is perfected.
26. If A pays a debt that has prescribed,
Statement 1: not knowing it has prescribed, A can recover on the ground of undue payment
Statement 2: knowing it has prescribed, A cannot recover for this would be a case of natural obligation
a. Both 1 and 2 are true. c. Only 2 is true.
b. Only 1 is true. d. Both 1 and 2 are false.
27. The buyer has the right to the fruits of the thing from the time
a. The thing is delivered. c. The obligation to deliver the thing arises.
b. The fruits are delivered. d. The sale is perfected.
28. A is obliged to give B his specific car on December 31, 2020. There was no delivery, and on January 4, 2021
the garage of the car collapsed due to heavy rains and strong winds of Typhoon Rexing, 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.
29. If the obligation is to give an indeterminate or generic thing, what right is available to the creditor which is
not available if the obligation is to give a determinate thing?
a. To compel specific performance
b. To ask that the obligation be complied with at the expense of the debtor
c. To recover damages in case of breach
d. To ask for rescission
30. What condition must concur in order that the obligor or debtor shall be exempted from liability by reason of
a fortuitous event?
a. The event must be either foreseeable or avoidable.
b. The cause of the breach of the obligation must be independent of the human or of the will of the debtor.
c. The event must be such as to render it possible for the debtor to fulfill his obligation in a normal
manner.
d. The debtor must have participation in, or aggravation of the injury to the creditor.
---nothing follows---
RFBT by Atty. Bernard D. Bakilan, CPA, LLM Page 2 of 2

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