1. The following are the requisites of an oblicon, except: 9.

Demand must be made on the due date of the obligation

a. Passive subject, debtor or obligor. in order for delay to exist in one of the following cases.
b. Active subject, creditor, or oblige. Which is it?
c. Efficient cause. a. When it was stipulated by the parties that demand need
d. Demand. not be made.
b. When the law provides that demand need not be made.
2. Obligations may arise from any of the following, except: c. When the obligation does not indicate whether demand
a. Contracts. must be made or not on due date.
b. Quasi-contracts. d. When time is of the essence of the contract.
c. Law.
d. Prestation. 10. This refers to delay on the part of the creditor.
a. Mora solvendi ex re
3. It is the voluntary administration of the property of b. Compensation morae
another without his c. Mora solvendi ex personae
consent. d. Mora accipiendi
a. Negotiorum gestio
b. Solutio indebiti 11. There shall be no liability for loss due to fortuitous
c. Quasi-delict events in one of the following cases. Which is it?
d. Contract a. When the debtor delays.
b. When the parties so stipulated that there shall be
4. It is a wrong committed without any pre-existing liability even in case of loss due to fortuitous events.
relations between the c. When the nature of the obligation requires the
parties. assumptions of risks.
a. Natural obligations d. When the obligation is to deliver a determinate thing
b. Quasi-delict and there was no stipulation as to the liability of the debtor
c. Quasi-contract in case of loss due to fortuitous events.
d. Crime
12. The following are the remedies of the creditor to
5. Unless the law or the stipulations of the parties require pursue his claims against the debtor, except to:
another a. Pursue the property owned and in possession of the
standard of care, every person obliged to give something is debtor.
also b. Exercise all the rights and bring all the actions of the
obliged to take care of it with: debtor (accion subrogatoria)
a. Extra-ordinary diligence. c. Impugn the acts which the debtor may have done to
b. Diligence of a father of a good family. defraud his creditors (accion pauliana).
c. Diligence of a good father of a family. d. Compel the debtor to perform the service in obligations
d. Good diligence of a father of a family. to do.

6. The creditor has a right that is enforceable against a 13. D borrowed P50, 000.00 from C. C dies before he has
definite passive collected the debt leaving S, his son, as heir. Which of the
subject. This right is known as: following statements is correct?
a. Personal right. a. S can collect from D although D and C did not agree that
b. Real right. the credit right will pass on to the heirs of C.
c. Natural right. b. S cannot collect because the credit right is personal to C.
d. Civil right. c. S can collect only if D and C agreed that the credit right
will pass on the heirs of C.
7. It is a thing that is particularly designated or physically d. S cannot collect because the law prohibits the transmission
segregated of the credit right.
from all others of the same class.
a. Generic thing. 14. D is obliged to give C a specific car if C passes the CPA
b. Indeterminate thing. Licensure
c. Determinate thing. Examination. D’s obligation is an example of:
d. Real thing a. A pure obligation
b. An obligation with a suspensive condition.
8. One of the following is a determinate thing. Which is it? c. An obligation with a resolutory condition.
a. A cow. e. An obligation with a period.
b. A horse.
c. A Toyota car with engine no. 12345, body no. 34890 and 15. One of the following obligations is not immediately
a plate no. demandable.
ABC 123. a. Pure obligation.
d. A ring with diamond embellishment. b. Obligation with a resolutory condition.
c. Obligation with an in diem period. the ring are lost through D’s fault, successively. What is the
d. Obligation with an ex die period. right of C?
a. C may choose the delivery to him of the bracelet, or the
16. One of the following is a void obligation: price of the
a. D is obliged to give C P5, 000.00 if C does not go to the watch or the price of the ring plus the damages.
moon. b. C cannot choose the price of the watch or the price of the
b. D is obliged to give C P5, 000.00 if D goes to Baguio. ring because
c. D is obliged to give C P5, 000.00 if C goes to Baguio. the said objects have already been lost.
d. D is obliged to give C P5,000.00 if D wins first prize in the c. C can only choose to have the bracelet because anyway, D
sweepstakes on a ticket that he had already purchased. can still
perform his obligation.
17. D is obliged to give C P10,000.00 if X dies. This is an d. C can only choose to have delivery of the bracelet or the
example of: price of the
a. An obligation with a suspensive condition. ring which was the last item that was lost plus damages.
b. An obligation with a resolutory condition.
c. An obligation with a period. 23. D is obliged to give C a specific ring . The parties agreed
d. A pure obligation. that D may give
a specific bracelet as substitute. Which of the following
18. When the debtor binds himself to pay when his means statements is true?
permit a. If the ring is lost through a fortuitous event before
him to do so, the obligation is: substitution, the
a. An obligation with a resolutory condition. obligation is extinguished.
b. A pure obligation. b. If the bracelet is lost through a fortuitous event before
c. An obligation with a suspensive condition. substitution, the
d. An obligation with a suspensive period. obligation is extinguished.
c. If the ring is lost through a fortuitous event after
19. Whenever a period is designated in an obligation, the said substitution, the
period obligation is extinguished.
shall be presumed to have been established for the benefit of: d. If the ring is lost through the debtor’s fault after
a. The debtor. substitution, the debtor
b. The creditor. shall pay damages.
c. Both debtor and creditor.
d. Neither of the parties. 24. A, B, C and D are obliged to give V, W, X, Y and Z,
P20,000.00
20. The debtor shall lose the right to make use of the period in a. V may collect from A P20,000.00
the b. V may collect from A P5,000.00
following cases, except when he: c. V may collect from A P1,000.00
a. becomes insolvent d. V may collect from A P4,000.00
b. Violates any undertaking in consideration of which the
creditor agreed 25. A, B, C, and D, joint debtor, are obliged to give V, W, X,
to the period. Y, and Z, solidary
c. Attempts to abscond. creditors, P20,000.00
d. Does not furnish any guaranty or security to the creditor. a. V may collect from B P20,000.00
b. V may collect from B P4,000.00
21. An obligation ceases to be alternative and becomes a c. V may collect from B P5,000.00
simple obligation in d. V may collect from B P1,000.00
the following cases, except when:
a. The debtor has communicated his choice to the creditor. 26. A, B, C, and D solidary debtor, are obliged to give V, W,
b. The right of choice has been expressly granted to the X, Y, and Z, joint
creditor and his creditor, P20,000.00
choice has been communicated to debtor. a. V may collect from B P20,000.00
c. Among the several prestations that are due only one is b. V may collect from B P4,000.00
practicable. c. V may collect from B P5,000.00
d. Three prestations are due but one of them is unlawful or d. V may collect from B P1,000.00
impossible.
27. A, B, C and D, solidary debtors, are obliged to give V, W,
22. D is obliged to give C a specific watch, a specific ring, or a X, Y and Z,
specific solidary creditor P20,000.0
bracelet. The parties agreed that C will have the right to a. V may collect from D P20,000.00
choose the thing b. V may collect from D P4,000.00
which will be given to him. Before C could make his choice, c. V may collect from D P5,000.00
the watch and d. V may collect from D P1,000.00
28. A, 25, B, 35 and C, 17, are solidary debtor of X in the b. Deaf-mutes who do not know.
amount of c. Deaf-mutes who know how to read.
P9,000.00 d. Unemancipated minors.
a. X may collect from A P9,000.00
b. X may collect from A P6,000.00 33. A contract entered into by an incapacited person is:
c. X may collect from A P1,000.00 a. Void.
d. X may collect nothing because the obligation is voidable, C b. Voidable.
is being c. rescissible.
minor. d. Unenforceable.

29. The following obligations are divisible, except an 34. Contracts entered into in a state of drunkenness or during
obligation: hypnotic spell
a. To give definite things. are:
b. Which has for its object the execution of a certain of days of a. Valid.
work. b. Voidable.
c. Which has for its object the accomplishment of work by c. rescissible.
metrical units. d. Void.
d. Which by its nature is susceptible of partial performance.
35. A contract entered into by an insane person during a lucid
30. In obligations with a penal clause, the creditor as a rule interval is:
may recover from a. Valid.
the debtor in case of breach the following: b. Voidable.
a. the penalty as agreed upon, plus damages and interest. c. rescissible.
b. the penalty and damages. d. Void.
c. the penalty and interest.
d. only the penalty. 36. Aside from fraud and undue influence, the following are
the vices of
31. Rockman and Company published an advertisement in the consent, except:
newspapers a. Violence.
which reads as follows “INVITATION TO BID: Construction b. Intimidation.
of the company’s c. Mistake.
warehouse located at 123 Luzon Street, Sta. Quiteria, Quezon d. Dealer’s talk.
City”. The
advertisement also included the specifications of the 37. Mistake in three of the following will make a contract
warehouse to be voidable. Which one
constructed. three companies submitted their bids: ABC will not?
Company, with a bid a. Mistake as to the substance of the thing which is the object
price of P4,5000,000.00. After considering the financial of the
capability, reputation contract.
and experience of the bidders, the kind and quality of b. Mistake as to the principal conditions which principally
materials to be used moved one or
and other factors, Rockman and Company, the lowest bidder, both parties to enter into the contract.
now questions c. Mistake as to the identity or qualifications of one of the
the award made by Rockman Company to DEF Company parties, which
which submitted a identity or qualifications have been the principal cause of the
higher bid. contract.
a. The award to DEF Company is voidable because it was only d. Simple mistake of account.
the second
lowest bidder. 38. D owes C the following debts: P6, 000.00 due on June 12;
b. ABC Company should be the winning bidder having P6, 000.00 due
submitted the on June 18; and P6, 000.00 due on June 20. All debts are
lowest bid. unsecured except
c. The award to DEF Company is valid because Rockman the debt due on June 20 which is secured by a pledge of D’s
Company was diamond ring to
not bound to accept the lowest bidder. C. By agreement, the benefit of the term on 4 debts was
d. The award to DEF Company is void by reason of granted to C.
Rockman’s violation of Assuming that D has P6, 000.00 on June 18 and is ready to
the terms of the invitation to bid. pay C, which of
the following statements is correct?
32. One of the following is not incapable of giving his a. D may apply his payment of P6, 000.00 to any of the debts
consent. due on June
a. Insane persons. 12, June 15, and June 18 since they are all due as of June 18.
b. D may apply his payment only to the debt due on June 20 44. Henry, husband, and Wilma, wife, are legally separated.
because it is By order of the
the most burdensome to him. court which decreed the legal separation, Henry is obliged to
c. D must apply the payment proportionately to the debts due give a monthly
as of June support of P10, 000.00 to Wilma payable within the first five
18 at P2,000.00 each. days of the
d. D may apply the payment to any of the four debts. month. Wilma owes Henry P10, 000.00 by way of a business
loan. On the
39. The offer made by the debtor to pay his obligation to his other hand, Henry has not yet given Wilma’s support of P10,
creditor is 000.00 for this
known as; month. Both debts are already due. Which of the following
a. Consignation. statements is
b. Tender of Payment. correct?
c. Application of payment. a. a. Both debts are extinguished by legal compensation
d. Dation of payment. because both
are already due.
40. Consignation alone without any tender of payment is b. Wilma will claim compensation but not henry.
sufficient in the c. Henry may claim compensation but not Wilma.
following cases, except: d. Neither one may claim compensation because the debts are
a. When the creditor is absent or unknown or does not appear not of the
at the same kind.
place of payment.
b. When the creditor presents the title to the obligation for 45. D owes C P10, 000.00 with G as guarantor. C, on the other
collection. hand, owes D,
c. When without just cause, the creditor refuses to give a P8, 000.00. Both debts are already due but D is insolvent. In
receipt. this case
d. When two or more persons claim the same right to collect. a. C may collect from G P10, 000.00.
b. C may collect from G P2, 000.00 because a guarantor can
41. M owes P P10, 000.00. The obligation is evidenced by a set up
promissory note. compensation as regards what the creditor owes the principal
Subsequently, P assigned the note to A, to B, B to C, and C debtor.
back to M. The c. C may collect nothing from G because D is insolvent.
obligation of M is extinguished by: d. C may collect P8, 000.00.
a. Compensation.
b. Confusion. 46. D borrowed P50, 000.00 from C. Subsequently, D
c. Condonation. proposed to C that T
d. The obligation is not extinguished because there was no would assume his (D’s) debt. C accepted the proposal of D.
payment. This substitution
of debtor is known as-
42. In order that condonation may extinguished an obligation a. Expromision.
involving a b. Delegacion.
movable property whose value exceeds P5, 000.00- c. Tradition.
a. It is sufficient that the condonation and the acceptance are in d. Dacion en pago.
writing,
even a private one. 47. Refer to the facts in No. 46. Assume also that on due date,
b. It is required that the condonation and the acceptance be in T could not
publicinstrument. pay because of his insolvency which was in fact subsisting but
c. The delivery of the document evidencing the debt is was not
sufficient since known to D or of public knowledge at the time that D
the property is movable. delegated his debt. In
d. The condonation and the acceptance may be made orally. this case-
a. C can revive D’s debts because T’s insolvency already
43. One of the following is not a requisite of legal existing at the
compensation. Which is it? time that D delegated his debt.
a. That each one of the obligors be bound principally, and that b. C can revive D’s debt whether or not he (D) was aware of
he be at T’s
the same time a principal creditor of the other. insolvency since he (D) proposed the substitution.
b. That the two debts be due. c. C cannot hold D liable because his (D’s) obligation was
c. That both debts be liquidated and demandable. extinguished
d. That the debts are payable at the same place. when he was substituted by T.
d. The novation is void because D did not take steps to
determine the
solvency of T when he (D) delegated his debt.

48. D obliged himself to give 5 grams of “shabu” to C. Later,

the parties
agreed that D would instead give to C 5 sacks of rice. Which
of the following
statements is correct?
a. The novation is void because the original obligation is void,
Hence, C
cannot demand the delivery of 5 sacks of rice from D.
b. The novation is valid because the new obligation is valid.
Hence, C can
demand the delivery of sacks of rice from D.
c. The original obligation although void is validated by the
new obligation.
Hence, C can demand the delivery of 5 sacks of rice from D.
d. The new obligation is only voidable because D had not yet
performed
the original obligation at the time of novation. Accordingly,
the new
obligation is binding and C may demand the delivery of 5
sacks of rice
from D until the new obligation is annulled by a proper action
in court.

49. On July 1, 2015, D is obliged himself to give C

P50,000.00 if C will marry
X on or before December 31, 2015. The condition of the
obligation is a:
a. Positive condition.
b. Negative condition.
c. Joint condition.
d. Impossible condition

50. Refer to No. 49. Which of the following statements is

incorrect?
a. The obligation of D is demandable if C marries X on or
before
December 31, 2015.
b. The obligation of D is extinguished if it is already January
1, 2016 and C
has not yet married X.
c. The obligation of D is extinguished on December 2, 2015 if
X dies on
the said date and C has not yet married X.
d. The obligation is demandable if C marries x on January 1,
2016