1. Demand is not necessary to incur in delay when: 10. I.

Ordinary Delay is the failure to

a) The debtor is guilty of non- perform an obligation on time which
performance. constitutes a breach of obligation.
b) Time is the controlling motive II. Legal Delay is the failure to perform an
c) If the obligation bears interest obligation on time.
d) Creditor refuses the performance
without just cause. a) False, True
b) True, True
2. When the thing deteriorates with the debtor’s c) True, False
fault, the creditor may choose one of the following: d) False, False
a) Suffer the deterioration
b) Condone the obligation 11 I. Rights acquired by virtue of an
c) Rescission obligation is transmissible and can be
d) Mutual restitution alienated or assigned to third persons.
II. The parties cannot stipulate as to the
3. A contract is in the stage of perfection when: transmissibility of rights acquired by reason of
a) The parties are haggling obligation.
b) Conception stage
c) The parties come to an agreement a) True, True
d) Negotiations are in progress b) False, True
c) True, False
4. Legal Delay d) False, False
a) force majeure
b) Ordinary 12. Creditor has the right to impugn or attack the
c) Fortuitous event acts of the debtor to defraud him by RESCINDING
d) Default the contracts entered by the debtor to defeat the
creditors rights.
5. Delay on the part of the creditor a) Accion Reinvindicatoria
a) Mora accipiende b) Accion Publiciana
b) Delaying tactics c) Subrogation
c) Compensatio morae d) Accion Pauliana
d) Mora solvendi
13 False representation of a matter of fact/whether
6. The following are grounds for damages except: by words or conduct/by false or misleading
a) Fraud or Dolo allegations/or by concealment of that which has
b) Accident been disclosed/. which deceives and intends to
c) Negligence deceive another so that he shall act upon it to his
d) Delay legal injury.
a) Fault
7. Products of the soil through cultivation or b) Fraud
intervention of human labor c) Negligence
a) Civil Fruits d) Diligence
b) Natural Fruits
c) Penal Fruits
d) Industrial Fruits 14. The following are kinds of damages,
except:
8. A constructive delivery by mere consent or by a) Moral
pointing out the object b) Liquidated
a) Tradition constitutum possessiorium c) Litigated
b) Traditio simbolica d) Actual
c) Traditio longa manu
d) Tradition brevi manu 15. The fulfillment of an obligation by one party
depends upon the fulfillment of the obligation by
9. I. Accessions are those which have for their both parties in simultaneous.
object the embellishment, use or preservation of a) Simultaneous obligation
another thing which is more important. b) Unilateral obligation
II. Accessories always go with the principal c) Indebtedness
thing. d) Reciprocal obligation
a) False, True
b) False, False 16. I. Demand by the creditor shall not be
c) True, True necessary to hold the debtor in delay when time
d) True, False is of the essence of the obligation.
II. To be considered in legal delay or default, there
 has to be judicial or extra-judicial demand. b) Acts or omission punished by law
a) False, True
c) Quasi-delict
b) False, False
c) True, True d) Quasi-contract
d) True, False
24. Unauthorized management of property or
17. The creditor will step into the shoes of the debtor affairs
and exercise all the rights and actions of the debtor a) Solutio indebiti
and proceed against third person against whom the
debtor has claims. b) Dolo causante
a) Accion reivindicatoria c) Negotiorum gestio
b) Accion astra
c) Accion pauliana d) None of the above.
d) Accion subrogatoria
25. Act or omission punishable by law
18. That which is independent of any human a) Fault
intervention. Brought about by natural forces. b) Negligence
a) Accident
b) Act of God c) Deceit
c) Fuerza Mayor d) Delict
d) Act of Human
26. The omission of that diligence which is
19. Are those which arise from legitimate or required by the nature of the obligation and
illegitimate acts of persons other than the obligor. corresponds with the circumstances of the
persons, time, place and manner.
a) Accident
a) Crime
b) Force Majeure
c) Act of God b) Fault
d) Negligence of third person c) Accident
d) Negligence
20. Which among the following is false?

a) The waiver must not be contrary to public 27. The wrongful act results from imprudence,
interest and public order negligence, lack of foresight, or lack of skill
b) Action for past fraud may be waived. a.) Felony
c) Rights granted by law may be
b.) Accident
waived.
d) Waiver for future void is valid. c.) Negligence
d.) Fault
21. Meeting of minds between two persons whereby
one binds himself, with respect to the other, to 28. The act is performed with deliberate intent
give something or to render some service.
a) Felony
a) Law
b) Accident
b) Quasi-contract
c) Deceit
c) Quasi-delict
d) Negligence
d) Contract
29. Complete the sentence:
22. Obligations arising from contract can be
enforced between the contracting parties An obligation is a juridical necessity...
provided such contract is not contrary to a) to do
a) Customs b) not to do
b) Morals c) to give
c) Law d) All of the above
d) All of the above
30. Which of the following is not a source of
23. Juridical relation that arises from certain obligation?
lawful, voluntary and unilateral acts to the end that a) Law
no one shall be unjustly enriched at the expense of
b) Contracts
another.
c) Act or omission punished by law
a) Contract
d) None of the above.
 38. The court shall determine the amount of damage,
31. Obligee taking into consideration the price of the thing, and
a) Third party its sentimental value to the injured party

b) Object a) Restitution

c) Debtor b) Reparation

d) Creditor c) Indemnification
d) None of the above.
32. Vinculum juris
a) Debtor 39. It permits allowance for any deterioration or
diminution in value of the thing as determined by
b) Object the court.
c) Active subject a) Reparation
d) Juridical tie b) Indemnification

33. Creditor c) None of the above

a) Obligor d) Restitution

b) Object 40. X bound himself to build a house for Y for 50

c) Passive subject Million Pesos. The active subject is...

d) Active Subject a) House

b) X
34. It is the juridical relation which is created when
something is received when there is no right to c) Y
demand it and it was unduly delivered through d) 50 Million Pesos
mistake.
a) Negotiorum gestio 41. It is the juridical relation resulting from lawful,
voluntary, and unilateral acts by virtue of which the
b) Solutio indebiti parties become bound to each other to the end that
c) Quasi-delict no one shall be unjustly enriched or benefited at the
expense of another.
d) Crime
a. Agreement
35. It is the conduct required to be observed by b. Vinculum juris
the debtor.
c. Contracts
a) Active subject
d. Quasi-Contracts
b) Passive Subject
c) Juridical tie 42. Demand is not necessary to incur delay when:
d) Prestation a. Creditor refuses the performance
without just cause.
36. Arise from damage caused to another through b. The debtor is guilty of non-
an act or omission, there being fault or negligence, performance.
but no contractual relation exists between the c. Time is the controlling motive
parties.
d. If the obligation bears interest
a) Crime
b) Law 43. This happened when the creditor make a
c) Quasi-delict demand and the obligor fails to deliver the thing.

d) Contract a) Negligence
b) Mora solvendi
37. Includes damages caused the injured party and c) Mora accipiendi
those suffered by his family or third person by d) Compensatio morae
reason of the crime.
a) Reparation 44. Demand is not necessary to incur delay
when:
b) Restitution
c) None of the above a. Creditor refuses the performance
without just cause.
d) Indemnification
b. The debtor is guilty of non-
 performance. 49. Ordinary diligence is
c. Time is the controlling motive
d. If the obligation bears interest a. Extraordinary diligence
b. Diligence required by laW
45. The source of obligation which is a rule of c. Diligence of a good father
conduct, just and obligatory, promulgated by d. Diligence of a good father of a family
legitimate authorities for common good, benefit
and observance 50. The creditor has a right to the fruits of the thing
a. From the time the fruits have been
a. Contracts
delivered
b. Quasi contracts
b. From the time there is meeting of the
c. Delicts
minds
d. Law
c. From the perfection of the
46. A supports B, a minor, because B’s father contract
refuses t support B. the father is obliged to d. From the time the obligation to
reimburse A. the source of obligation is deliver it arises

a. Contract 51. From the time the fruits have been

b. Quasi contract delivered, the creditor shall acquire
c. Delict
a. Personal right
d. Quasi delict
b. Moral right
47. A was employed as professional driver of B c. None of these
transit Bus owned by C. In the course of his work, A d. Real right
hit a concrete post causing serious injury to
passenger W and pedestrian Y. the victims sued the 52. A wife was about to deliver a child. Her parents
driver and the owner of the bus for damages. brought her to the hospital. Who should pay the
Which of the following statements is correct? expenses for medical attendance?

a. C is not liable if C can prove that he

I. The husband, because it is his duty
exercised the diligence of a good
to support his wife and support includes
father of a family in the selection and
medical attention
supervision of his employees
b. The conviction of A in a criminal case II. The parents, because they were
makes C liable for damages arising the persons who brought the wife to the
from criminal act hospital
c. The liability of C shall cease if the driver
A is acquitted in the criminal case a. Both answers are correct
d. The guilt of driver A must be b. Both answers are not correct
established beyond reasonable doubt c. Only the first is correct
to make C liable d. Only the second is correct

53. Spontaneous products of the soil and the

48. I. When what is to be delivered is a
offspring and other products of animals
determinate thing, the creditor may compel the
a. Industrial
debtor to make the delivery and if the debtor
b. Civil
refuses, the creditor may ask that the obligation be
c. Penal
complied with at the expense of the debtor
d. Natural
II. The obligation to give a determinate thing
includes that of delivering all its accessions and 54. Products of the soil through cultivation or
accessories, even though they may not have been intervention of human labor
mentioned a. Natural
b. Industrial
a. True, true c. Civil
b. True, false d. Penal
c. False, true
d. False, false 55. Fruits arising out of contracts
 a. Natural b. When the parties so stipulated that there
b. Industrial shall be liability even in case of loss due
c. Civil to fortuitous events
d. Penal c. When the nature of the obligation
requires the assumption of risk
56. I. If a person obliged to do something fails to d. When the obligation is to deliver a
do it, the same shall be executed at his cost determinate thing and there was a
II. Those who in the performance of their stipulation as to the liability of the debtor
obligations are guilty of fraud, in case of loss due to fortuitous events
negligence, or delay and those who in
any manner contravene the tenor 63. Demand must be made on the due date of the
thereof, are liable for damages obligation in order for delay to exist in one of
a. True, false thefollowing cases. Which is it?
b. False, true a. When it was stipulated by the parties
c. False, false that demand need not be made
d. True, true b. When the law provides that
demand need not be made
57. A is obligee to deliver his only car to B on c. When the obligation does not
November 20, 2011. If A does not deliver, and on indicate whether demand must e
November 22, 2011, a typhoon destroys the car, made or not on due date
which is correct? d. When the time is of the essence
a. A is liable because he is in delay
b. A and B will divide the loss equally 64. Which of the following is not a proper
c. A’ s obligation is converted into remedy for the creditor?
monetary obligation a. To compel the debtor to make the
d. A is not liable because the obligation is delivery, if the obligation is to deliver a
extinguished determinate thing
b. To ask that the obligation be complied
58. Debtor’s default in real obligation with at the expense of the debtor, if
a. Mora accipiendi the obligation is to deliver a generic
b. Mora solvendi ex- re thing
c. Mora solvendi ex- persona c. To compel the debtor to perform the
d. Compensation morae obligation, if the obligation is an
obligation to do
59. Debtor’s default in personal obligation d. To ask the debtor that what has been
a. Mora accipiendi done be undone, if the obligation is
b. Mora solvendi ex- re an obligation not to do
c. Mora solvendi ex- persona
d. Compensation morae 65. When the following statements
concerning delay is incorrect?
60. Default on the part of the creditor a. There is no delay in obligations not to do
a. Mora solvendi ex- re b. Delay, as a rule, exists, when the debtor
b. Mora solvendi ex- persona does not perform his obligation on the
c. Compensation morae date that it is due
d. Mora accipiendi c. Demand, as a rule, is required in order
for delay to exist
61. Default on the part of both parties d. When time is of the essence, delay on
a. Mora accipiendi the part of the debtor exists despite the
b. Mora solvendi ex- re absence of demands
c. Mora solvendi ex- persona
d. Compensation morae 66. S, a supplier of fresh fish from Lucena City
hired T, the owner of a trucking company, for a fee
62. There shall be no liability for loss due to of P3 000 to bring the fish of S to the Dampa
fortuitous events in which one of the following Market in Paranaque City which ordered the fish
cases. Which is it? for a price of P20 000. In so far as S is concerned,
a. When the debtor delays
his prestation in his contract with T is a. He did not prefer his own interest to
that of the owner.
a. The sale of the fish b. He did not fail to return the
b. The transport of the fish property after demand from the owner.
c. The payment of P3 000 c. He did not assume the
d. The payment of P20 000 management in bad faith.
d. The gestor undertook a risky
67. Refer to the preceding number. In the operation which the owner was not
contract between S and T accusto med to embark upon.
a. S is the obligor and T is the obligee
b. S is the obligee and T is the obligor 72. Which is not an obligation of a gestor in
c. Both S and T are obligors and obligees of negotiorum gestio?
each other
d. The Dampa market is the obligee of both a. To render an account of costs and
S and T expenses.
b. To return the property to the own er
68. P took a public bus in going to his office. Although upon demand.
P paid his fare, the bus did not issue him a ticket. c. To pay any load he incurred not in the
Along the way, the bus met an accident causing a interest of management.
slight injury to P and other passengers. If P is to d. To pay owner for damages
recover damages from the bus owner, the necessarily incurred in the
a. Quasi delict management.
b. Law
c. P cannot recover any amount 73. Which of the following is not an element of an
because no ticket was issued obligation quasi-delict?
d. Contract a. Act or omission
b. Fault or negligence
69. YZ is a cooperative store. On July 1, 2010, it paid
c. Cause and effect relationship
the Government of the City of Manila certain taxes
between fault and damage
believing that it owed the same. After six months,
XYZ learned that it was not subject to the said taxes. d. Pre-existing contractual relation
Accordingly, it sought to recover the said taxes it between the parties.
previously paid. The obligation of the Government of
the City of Manila to return the said taxes paid is 74. Which of the following does not held the
based on creditor liable to payment of damages?
a. Fraud
a. Negotiorum gestio
b. Solution indebiti b. Delay
c. Quasi delict c. Negligence
d. The Government is exempt from giving d. Mutual agreement to contravene Tenor
tax refunds 75. When does real right of the creditor over the
fruits commence?
70. What does compliance in good faith mean? a. After delivery
a. Contract is law between the b. Before delivery
contracting parties. c. From the time the obligation to deliver
b. Parties must abide by the terms and arises
conditions of the contract. d. Before the time the obligation to
c. Compliance with a contract cannot deliver arises.
be made dependent on the will of
only one of the parties. 76. What is an element of delay?
d. A party cannot cancel or annul the a. A judicial or extrajudicial demand has
contract without the consent of the other not been made by the creditor.
party or the order of the court b. Compliance of the debtor of the
creditor’s demand for him to perform.
71. Which of the following does not c. Debtor does not perform his positive
characterize negotiorum gestio? obligation on the date agreed upon.
 d. Obligation must not be due, demandable medical expenses from Mr. Sonny?
and liquidated.
a. No, Mr. Neil has no cause of action
against Mr. Sonny;
77. There is no need of demand in case:
b. Yes, based on quasi-contract;
a. There is express waiver of demand.
b. There is a case filed in court c. Yes, based on moral obligation;
c. When no period has been agreed Upon d. Yes, based on natural obligation.
d. The obligation is reciprocal in nature.

84. A taxi owned and operated by Digong and a

.78. What is the remedy of the debtor in case of mora passenger jeepney operated by Leni figured in an
accipiendi? accident whereby both drivers were found to be
a. Annul the contract negligent. Bongo, a passenger of the taxi suffered
injury. Which of the following is correct?
b. Sue creditor for damages
c. Consign the thing a. Bongo’s cause of action against Leni is
culpa contractual and with regard to Digong, it is
d. Compel the creditor to accept
culpa aquiliana;

79. Which of the following is NOT a requisite for the b. Leni’s liability is based on culpa
contractual while that of Digong is culpa
application of the rule on fortuitous events? criminal;
a. The cause of the event is
independent of the will of the debtor. c. The source of Digong’s obligation is
culpa contractual and Leni’s obligation is based
b. The event is unforeseeable or
on culpa aquiliana;
unavoidable.
d. Bongo’s cause of action against
c. The occurrence renders it absolutely Digong and Leni arises from a contract.
impossible for the debtor to fulfill his obligation in a
normal manner.
d. Debtor has participated in the aggravation 85. Which of the following is not an obligation of
of the injury to the creditor a person obliged to give a determinate thing
(specific real obligation):

80. Which of the following is a force majeure? a. to deliver the thing;

a. Earthquakes
b. to take care of the thing with the proper
b. Storms diligence of a good father of a family;
c. Floods
c. to deliver a thing which must be neither
d. Wars of superior nor inferior quality;

d. to deliver all accessions and

81 . Which is not an element of an obligation?
accessories.
a. Vinculum juris
b. Obligee 86. No person shall be responsible for those events
which could not foreseen, or which, though foreseen,
c. Prestation were inevitable except those:
d. Contract
a. expressly provided by law;

82 . The object of an obligation must NOT be: b. expressly declared by stipulation;

a. Licit c. when the nature of the obligation
b. Possible requires assumption of risk;
c. Indeterminate d. all of the above;
d. Determinable
87. In case of material damage or injury, the
liability of a convicted person includes:
83. Mr. Lolong, 80 years old, abandoned by his
wealthy son Mr. Sonny, met an accident and was a. restitution;
consequently confined in a hospital. Without the
knowledge of Mr. Sonny and Mr. Lolong, Mr. Neil, b. reparation for damage caused;
a neighbor, spent for the medical expenses of Mr.
c. indemnification for consequential
Lolong expecting that he would be reimbursed by
damages;
Mr. Sonny. Can Mr. Neil recover the amount of
 d. all of the above; c. One with a period

88 . A source of obligation where it is not the act or d. Indivisible

omission which gives rise to the obligation, but the
want of care required from the circumstances:
a. law; 94. I. When what is to be delivered is a determinate
b. contract; thing, the creditor may compel the debtor to make
c. quasi-contract; the delivery and if the debtor refuses, the creditor
d. quasi-delict.
may ask that the obligation be complied with at the
expense of the debtor
89. It is the non-fulfillment of the obligation with
respect to time: II. The obligation to give a determinate
a. delay; thing includes that of delivering all its
accessions and accessories, even though
b. default;
they may not have been mentioned
c. mora;
a. True, true
d. all of the above
b. True, false
90. Demand is not necessary in this instance:
c. False, true
a. when the obligation or the law
expressly so declares; d. False, false
b. when time is of the essence;
95. I. If a person obliged to do something fails to
c. demand would be useless; do it, the same shall be executed at his cost

d. all of the above.

II. Those who in the performance of their
91. The general standard of diligence required in an
obligation to give something: obligations are guilty of fraud, negligence, or
delay and those who in any manner
a. provided by law; contravene the tenor thereof, are liable for
b. stipulated by the parties; damages
a) True, false
c. diligence of a good father of a
b) False, true
family;
d. all of the above. c) False, false
d) True, true
92. The clothing shop undertook to tailor a special
96. XYZ is a cooperative store. On July 1, 2010, it
graduation gown for Melo in time for his
valedictoryaddress on the 15th May 2009. Since paid the Government of the City of Manila certain
there were occasional brownouts, the shop failed to taxes believing that it owed the same. After six
finish the gown on this date. Will the debtor be months, XYZ learned that it was not subject to the
liable for delay? said taxes. Accordingly, it sought to recover the
a. No, because there is yet no demand for said taxes it previously paid. The obligation of the
delivery Government of the City of Manila to return the said
taxes paid is based on
b. No,
due to fortuitous event (manpower shortage)
a) Negotiorum gestio
c. Yes, because of their stipulation b) Solution indebiti
c) Quasi delict
d. Yes, because time is controlling motive d) The Government is exempt from
for establishment of the contract
giving tax refunds
93. In this kind of contractual obligation, e.g. sale,
neither party incurs in delay if the other does not or 97. F sold his farmland to G in the amount of P3, 000,
is nor ready to comply with what is incumbent upon 000. After one year after the sale, F noticed that
him. bamboo trees were growing on his former
farmland. F immediately told G to make an
a. Pure additional payment because the bamboo trees
b. Reciprocal are not included in their contract of sale. Who is
the owner of the bamboo trees?
 a) F 100. In reciprocal obligations, there is delay:
b) G
a. From the time the obligee judicially
c) Both F and G
depends it.
d) None of the above.
b. From the time the obligee extrajudicial
depends it.
98. A agreed to sell his Shih Tzu to B for P 8, 000 . B
paid the price. No date of delivery was stipulated. c. From the time the other party
While on A’s possession, the dog gave birth to five complies with his obligation
puppies. Who owns the puppies? d. From the time the period stated in the
a) A obligation expires or lapses.
b) B
c) Both of them.
d) None of the above

99. E sold his car to D in the amount of P1, 000, 000.

While E is on his way to deliver the car to D, he felt
the car is shaking. When E realized that there is an
earthquake the latter parked the car under an old
big balete tree and then ran to an open space.
When the earthquake stopped, E went back to the
place where he parked the car. To his surprise, the
balete tree was already on top of the car and the car
was a total wreck. When E informed D about what
happened to the car, D immediately asked for a
refund. E refused because, according to him, he is
not liable because an earthquake is a fortuitous
event. Is the contention of E valid?

a) Yes, because there is a fortuitous

Event
b) No, because E is negligent for abandoning
the car under the tree knowing that it
might fall because of the earthquake.
c) Yes, because E is not negligent in
abandoning the car under the tree, he did not know
that it will fall.
d) None of the above answers are
correct.