Rodrigo compel Leila to accept half of the car

SET B and half of the ring(hence, establishing co-

OBLIGATIONS AND CONTRACTS MIDTERM owneship)?
a. Yes, she can be compelled to accept
Multiple Choice Questions in Obligations and Contracts according to the law.
b. No, she cannot be forced to accept
1. Delay in the giving or delivering of a thing Creditor cannot be compelled to receive
a. Mora solvendi ex re
part of one and part of the other
b. Mora solvendi ex persona
undertaking..
c. Mora accipiende ex re
d. Mora accipiende ex persona c. Yes, she cannot be forced to accept
Creditor can be compelled to receive
2. A wife was about to deliver a child. Her parents- part of one and part of the other
in-law called the doctor. Who should pay the undertaking..
doctor? d. It depends upon the case.
a. Wife
b. Husband 10. The debtor shall have no right to choose those
c. Doctor himself prestations which are impossible, unlawful or
d. Parents which could not have been the object of the
obligation.
3. "A sells to B his lot and house in the city if A a. Agree
decides to transfer and live in the countryside" is
b. Disagree
an example of:
c. Not really
a. Mixed Condition
b. Potestative Condition d. This argument is lacking.
c. Casual Condition
d. Resolutory Condition 11. A is bound to give B a pack of (1)shabu, or a (2)
bottle of milk taken from a goat, or a (3)
4. It is a mode of extinguishing an obligation when particular cigarette case, or a (4) particular
two persons in their own right are creditors of fountain pen. What can A choose only?
each other. a. 1 and 2
a. Confusion b. 1 and 4
b. Reformation c. 3 and 4
c. Compensation d. 4 only
d. Novation
12. I will support you, beginning the first day of next
5. A contract is in the stage of conception when:
a. There is meeting of the minds. year. Here, the obligation only becomes
b. Negotiations are in progress. effective on the day stipulated.
c. The parties come to an agreement. a. Period ex die
d. The contract is perfected. b. Period ex diem
c. Definite
6. D will give object No. 1 or object No. 2. If object d. Indefinite
No. 1 is lost by fortuitous event, D will have to
give object No. 2. 13. Delay in the giving or delivering of a thing
a. Mora solvendi ex re
a. Alternative
b. Mora solvendi ex persona
b. Facultative
c. Mora accipiende ex re
c. Conditional d. Mora accipiende ex persona
d. Resolutory
14. Petitioners committed a breach of obligation in
7. Farell Cabrera will give item 1 but if Farell wants, their refusal to pay a sum of money loaned.
he may give item 2 to Joey Relacion. If item 1 is Owing to said breach, may compensatory
lost by a fortuitous event, the obligation is damages be awarded?
extinguished because the principal object has a. Yes, by way of an interest of 12% per
been lost, then Farell does not have to give item annum to be computed from default.
2. b. Yes, by way of an interest of 6% per
a. Alternative annum to be computed from default.
b. Facultative c. Yes , in an interest to be agreed upon
c. Conditional by parties.
d. Resolutory d. No, there is no interest in compensatory
damages.
8. The right of choice belongs to the debtor, unless
it has been granted to the creditor. 15. 9. If the obligor binds himself to perform his
a. Expressly obligation as soon as "he shall have obtained a
b. Impliedly loan" from a certain bank, this obligation is:
c. According to the contract a. With a Term
d. By law b. Conditional
c. Suspensive
9. Rodrigo will give Leila this car or this ring or this d. Resolutor
fountain pen. Rodrigo does not have to give
Leila all the three things enumerated. The giving 16. 10. Contracts entered into in a state of
is sufficient to satisfy the obligation. May drunkenness or during a hypnotic spell are:
a. Void
 b. Valid 33. Duty to refund an over change of money.
c. Voidable 34. The duty to pay taxes.
d. Legal 35. The duty to support ones family.
36. The duty of PDIC to pay up to PhP 500,000 to
17. Which of the following statements is false? depositors of an insolvent bank.
a. Obligations to give definite things and those 37. The borrower agreed to pay his debt according
that are not susceptible of partial performance to the loan agreement.
shall be deemed divisible. 38. I give you that you may give.
b. Execution of a certain number of days of work 39. Undue payment.
shall be divisible. 40. In the exercise of his rights and in the
c. Accomplishment of work by metrical units are performance of his duties, act with justice.
divisible 41. In the exercise of his rights and in the
d. An obligation to pay a certain amount in ten performance of his duties give everyone his due.
annual installments is divisible. 42. In the exercise of his rights and in the
performance of his duties, observe honesty and
18. This contract is without effect unless ratified: good faith.
a. Marriage between first degree cousins
b. Contract of sale between two insane persons 43. Civil obligations arising from criminal offenses
c. Contract of sale between husband and wife shall be governed by
d. Donation between husband and wife a. Penal laws
b. Labor laws
19. Which of the following contracts is not void ab c. Constitution
initio? d. Civil law
a. Those whose object is outside the commerce
of men 44. Proper diligence of a good father of a family
b. That whose object did not exist at the time of means __.
transaction a. Extra-ordinary care
c. That which contemplates an impossible b. Ordinary care
service c. Utmost care
d. That which is undertaken in fraud of creditors d. Exceptional care

20. The creditor has a right to the fruits of the thing
from the time the obligation to deliver it arises.
However,
a. he shall acquire no real right over it until
the same has been delivered to him.
b. He may compel the debtor to make the
delivery.
c. the same shall be executed at his cost.
d. Any waiver of an action for future fraud
is void.
21. Obligations arising from contracts have the force
of law between the contracting parties and
should be complied with in _____.
a. All honesty
b. Good faith
c. Utmost care
d. Justly
45. A priest, Fr. Farell Onganiza, was the custodian
of certain charity funds (P 6, 641) which he
deposited together with his personal account of
P19,000 deposited in Lawis Bank of Misamis
shortly before the Japanese invasion of the
Philippines. During the war, Onganiza became a
political prisoner and his bank was confiscated
on the ground that they were being used for
revolutionary purposes. Is he liable for the loss
of the trust fund?
a. Yes, because he deposited it together
with his personal account.
b. Yes, because it happened during the
war.
c. No, since it is as if the money was taken
from him by force.
d. No, because he deposited it with his
personal account.

Choices for item no. 22 to 42. 46. . When the debtor binds himself to pay when his
a. Law means permit him to do so, the obligation is:
b. Contracts a. Conditional
c. Quasi-contracts b.. Pure
d. Crimes c. Simple
e. Quasi-delict d. With a Period

22. Returning the excess change from sari-sari 47. Contracts which cannot be sued upon unless
store. ratified, thus it is as if they have no effect yet
23. Damages from libel case. are:
24. A borrower agreed to pay his debt and in case of a. Voidable
non-payment, to sue for damages. b. Rescissible
25. Collection of debts filed in court. c. Void
26. The duty to repair damage due to negligence. d. Unenforceable
27. Paying the vendor on the deed of sale
28. A tax-exempt paid BIR an income tax. 48. If the obligation of the debtor is "I will pay you
29. During flood, property is saved from destruction my debt after I have arrived from abroad," this is
by another person without the knowledge of the a. Unenforceable
owner, the latter is bound to pay the former just b. With a Period
compensation. c. Void
30. Any person who is constrained to pay the taxes d. Conditional
of another demanding reimbursements.
31. The obligation of husband to support wife 49. When the characters of the creditor and the
financially. debtor are merged in one and the same person,
32. The duty to return the stolen carabao there is extinguishment of the obligation by:
 a. Compensation
b. Merger of Rights
c. Novation
d. Remission
50. Through insidious words or machinations, A was
able to induce B to enter into a contract which
without them B would not have agreed to it.
There is:
a. Undue Influence
b. Fraud
c. Mistake
d. Misrepresentation
Choices for 51 to 71
a. True
b. False
c. It depends
d. None of the
above
51. The condition that some event happen at a
determinate time shall extinguish the obligation
as soon as the time expires or if it has become
indubitable that the event will not take place.
52. In case both parties have committed a breach of
the obligation, the liability of the first infractor
shall be equitably tempered by the courts. If it
cannot be determined which of the parties first
violated the contract, the same shall be deemed
extinguished, and each shall bear his own
damages.
53. Every person obliged to give something is also
obliged to take care of it with the proper
diligence of a good father of a family, the law or
the stipulation of the parties requires another
standard of care, shall be void.
54. If a person obliged to do something fails to do it,
the same shall be executed at his cost.
55. Every obligation which contains a resolutory
condition shall also be demandable, without
prejudice to the effects of the happening of the
event.
56. The condition not to do an impossible thing shall
be considered as having been agreed upon.
57. The condition shall be deemed fulfilled when the
obligor involuntarily prevents its fulfilment.
58. Obligations for whose fulfilment a day certain
has been fixed, shall be demandable only when
that day comes.
59. Obligations for whose fulfillment a day certain
has been fixed, shall be demandable only when
that day comes.
60. Anything paid or delivered before the arrival of
the period, the obligor being unaware of the
period or believing that the obligation has
become due and demandable, may be
recovered, without the fruits and interests.
61. If the obligation does not fix a period, but from its
nature and the circumstances it can be inferred
that a period was intended, the courts cannot fix
the duration thereof.
62. Obligations with a resolutory period take effect
at once, but terminate upon arrival of the day
certain.
63. When the obligation consists in not doing, and
the obligor does what has been forbidden him, it
shall also be undone at his expense.
64. Responsibility arising from fraud is demandable
in all obligations. Any waiver of an action for
future fraud is void.
65. Responsibility arising from negligence in the
performance of every kind of obligation is not
demandable, but such liability may be regulated
by the courts, according to the circumstances.
66. Subject to the laws, all rights acquired in virtue
of an obligation are transmissible, if there has
been no stipulation to the contrary.
67. Every obligation whose performance does not
depend upon a future or uncertain event, or
upon a past event unknown to the parties, is
demandable at once.
68. In every case, the courts shall determine such
period as may under the circumstances have
been probably contemplated by the parties.
Once fixed by the courts, the period can still be
changed by them.
69. When the debtor binds himself to pay when his
means permit him to do so, the obligation shall
be deemed to be one with a period.
70. When the fulfillment of the condition depends
upon the sole will of the debtor, the conditional
obligation shall be void.
71. Impossible conditions, those contrary to good
customs or public policy and those prohibited by
law shall not annul the obligation which depends
upon them.
72. When the debtor binds himself to pay when his
means permit him to do so, the obligation is:
a. Conditional
b. Pure
c. Simple
d. With a Period
73. If the obligation of the debtor is "I will pay you
my debt after I have arrived from abroad," this is
a. Unenforceable
b. With a Period
c. Void
d. Conditional
74. Through insidious words or machinations, A was
able to induce B to enter into a contract which
without them B would not have agreed to it.
There is:
a. Undue Influence
b. Fraud
c. Mistake
d. Misrepresentation
75. A sells to B his lot and house in the city if A
decides to transfer and live in the countryside" is
an example of:
a. Mixed Condition
b. Potestative Condition
c. Casual Condition
d. Resolutory Condition
76. If the obligor binds himself to perform his
obligation as soon as "he shall have obtained a
loan" from a certainbank, this obligation is:
 a. With a Term
b. Conditional a. Creditor refuses the performance
c. Suspensive without just cause.
d. Resolutory b. The debtor is guilty of non-performance.
c. Time is the controlling motive
77. Responsibility arising from fraud is demandable d. If the obligation bears interest
in all obligations. Any waiver of an action for
future fraud is _____. 85. In what instance may we consider that there is
a. Valid no delay?
b. Void
a. In civil obligations
c. Voidable
b. In positive obligation
d. Unenforceable
c. In obligation arising from crime
d. In natural obligation
78. When only one prestation has been agreed
upon, but the obligor may render another in 86. In Accion subrogatoria the creditor may exercise
substitution, the obligation is called ___. all of the rights and bring all of the actions which
a. Alternative the debtor may have against third persons if:
b. Facultative
c. Conditional a. If the account is personal
d. Resolutory b. The debtor's acts are fraudulent
c. The debtor has performed an act
79. I will support you from the time X marries. subsequent to the contract, giving
a. Period ex die advantage to other persons
d. Creditor must have the right of return
b. Period ex diem
against debtor
c. Conditional 87. In Accion Pauliana Rescission, which involves
d. with a term the right of the creditor to attack or impugn by
means of rescissory action any act of the debtor
80. Ang Bu ordered goods from Dik Ah. The goods which is in fraud and to the prejudice of his
were supposed to be paid for when they arrived rights as creditor provided:
from the U.S. it was proved that for the goods to
be able to leave the US, the US Government a. The debt is due and demandable
had to give a certificate of priority and b. There is a failure of the debtor to collect
permission; otherwise, the goods would have to his own debt from 3rd persons either
remain in the US. Hence, the arrival of the through malice or negligence
goods to Manila is a condition being uncertain. c. The debtor's assets are insufficient
d. The debtor has performed an act
Why?
subsequent to the contract, giving
a. The ship might sank in the sea
advantage to other persons
b. The requirements had to be complied
with first. 88. It causes the extinguishment or loss of rights
c. It will still need approval by the US. already acquired upon the fulfillment of the
d. Ang Bu will still have to communicate condition, that is, the happening of the event
with Dik Ah. which constitutes the condition. In other words,
the fulfillment of which will extinguish an
81. It is the juridical relation resulting from lawful, obligation (or right) already existing.
voluntary, and unilateral acts by virtue of which
the parties become bound to each other to the a. Condition subsequent
end that no one shall be unjustly enriched or b. Suspensive
benefited at the expense of another. c. facultative condition
d. positive condition
a. Agreement
b. Vinculum juris 89. When the thing deteriorates with the debtors
c. Contracts fault, the creditor may choose one of the
d. Quasi-Contracts following:
82. This takes place when something is received a. Mutual restitution
when there is no right to demand it, and it was b. Rescission (cancellation) of the
unduly delivered thru mistake. obligation with indemnity for
damages
a. Solutio Indebiti c. Suffer the deterioration of the thing
b. Negotiorum Gestio d. Institute an action for negligence.
c. Vinculum juris
d. Prestation 90. It is a future and certain event upon the arrival of
which the obligation (or right) subject to it either
83. This happened when the creditor make a arises or is terminated.
demand and the obligor fails to deliver the thing.
a. Fortuitous events
a. Negligence b. Condition
b. Mora solvendi c. Period
c. Mora accipiendi d. Date and time
d. Compensatio morae

84. Demand is not necessary to incur delay when: