NAME:____________________________________ b.

He was not present at the time of the act, hence it was not possible
Obligation and Contracts Midterms L1A to him to prevent the damage.
c. He observed ordinary diligence to prevent the damage.
d. He observed the diligence of a father of a good family.
Part I. Encircle the letter of the correct answer.
8. If the law or contract does not state the diligence which is o be
1. It is the juridical relation resulting from lawful, voluntary, and observed in the performance of an obligation, the obligor is expected
unilateral acts by virtue of which the parties become bound to each to observe
other to the end that no one shall be unjustly enriched or benefited a. Ordinary diligence
at the expense of another. b. Diligence of a father of a good family
c. Extraordinary diligence
a. Agreement d. Utmost care
b. Vinculum juris
c. Contracts 9. I. Obligations arising from law are presumed except those found in
d. Quasi-Contracts the Civil Code or in special laws.
II. Obligations arising from contracts have the force of law between
contracting parties and should be complied with in good faith.
2. This takes place when something is received when there is no right
to demand it, and it was unduly delivered thru mistake. a. True, True b. False, True
c. True, False d. False, False
a. Solutio Indebiti
b. Negotiorum Gestio 10. Which of the following is not a civil liability arising from delict?
c. Vinculum juris
d. Prestation a. Indemnification for consequential damages
b. Reparation
3. This happened when the creditor make a demand and the obligor c. Rescission
fails to deliver the thing. d. Restitution

a. Negligence 11. It refers to a quasi-contract arising out of payment by mistake or

b. Mora solvendi undue performance of an obligation.
c. Mora accipiendi
d. Compensatio morae a. Solutio Indebiti b. Negoriorium Gestio
c.Culpa Aquiliana d. Mora Acipiendi
4. Demand is not necessary to incur delay when:
12. I. In quasi-contract, there is no concent of the parties thus
a. Creditor refuses the performance without just cause. preventing a meeting of minds between them.
b. The debtor is guilty of non-performance. II. In quasi-delict, there is no intention on the part of a person doing a
c. Time is the controlling motive wrongful act or omission causing damage to another.
d. If the obligation bears interest
a.False, True b. True, False
5. JJ agreed to pay his debt and in case of non-payment, to render free c. True, True d. False, False
service as a servant. Is the obligation valid?
13. I. The creditor acquires a real right against over the fruits of the thing
a. No, the obligation to pay and to render service as a servant is contrary to be delivered from the time the thing should have been delivered.
to law and morals. II. The fruits of the thing pertains to the creditor from the time the
b. Yes, if the services will be rendered in satisfaction of the debt and in obligation is perfected.
case of non-performance, the proper remedy is specific performance.
c. No, the nullity of the condition carries with it the nullity of the principal a. False, False b. True, True c. False,
obligation. True d. True, False
d. Yes, in so far as the obligation to pay but not as regards the
undertaking to render domestic services for free. 14. I. In the obligation to deliver a thing, the debtor has to deliver also the
accessories and accessions only if they have been mentioned.
6. If an obligation is with a penal clause II. In obligation to do, specific performance of the debtor’s obligation
is not available as a right of the creditor to demand from the obligor.
I. Proof of actual damages suffered by the creditor is not
necessary in order that the penalty may be demanded. a. False, True b. True, False
II. When the debtor is guilty in the fulfillment of the c. True, True d. False, False
obligation, the creditor can demand damages and interest in addition
to the penalty. 15. Which of the following is demand necessary to make the debtor in
delay in the performance of his obligation?
a. False, False b. True, False
c. True, True d. False, True a. When the time of the performance is of the essence.
b. When the law so provides.
7. In quasi-delict, the liability of a person who is held liable for the faulty c. When the time of performance has been stipulated
or negligence of another person who is under his care or d. When demand would be useless.
responsibility shall cease if
16. When the thing deteriorates with the debtor’s fault, the creditor may
a. There was contributory negligence on the part of the person injured. choose one of the following:
a. Mutual restitution 25. The right of the creditor that is enforceable against a definite debtor
b. Rescission (cancellation) of the obligation with indemnity for is
damages
c. Suffer the deterioration of the thing
d. Institute an action for negligence. a. Real right
b. Natural right
17. It is a future and certain event upon the arrival of which the c. Moral right
obligation (or right) subject to it either arises or is terminated. d. Personal right

a. Fortuitous events 26. The person in whose favor the obligation is constituted
b. Condition
c. Period
d. Date and time a. Obligor
b. Obligee
18. Liability for damages in the performance of an obligation arises from c. Passive subject
the following, except d. Debtor

a. Negligence b. Acts punished by law 27. The person who has the duty of giving, doing or not doing
c. Delay d. Fraud
a. Obligee
19. I. Liability from damages arising from fraud is demandable and there b. Obligor
can be waiver of action for future fraud. c. Active subject
II. There can be waiver of an action for future simple negligence and d. Creditor
past fraud.
28. The source of obligation which is a rule of conduct, just and
a. False, False b. True, True
obligatory, promulgated by legitimate authorities for common good,
c. False, True d. True, False
benefit and observance
20. In which of the following is the debtor still liable despite the fortuitous
event causing the loss of the thing? a. Contracts
b. Quasi contracts
a. The thing lost is a specific thing. c. Delicts
b. The performance of the obligation has become impossible. d. Law
c. The nature of the obligation does not require assumption of risk.
d. The thing is lost after the debtor incurs delay
29. The obligation of husband and wife to render mutual help and
support arises from
21. When the debtor binds himself to pay when his means permit him to
do so, the obligation is: a. Contract
b. Law
a. Conditional c. Quasi contract
b. Pure
d. Quasi delict
c. Simple
d. With a Period
30. A supports B, a minor, because B’s father refuses t support B. the
father is obliged to reimburse A. the source of obligation is
22. A juridical necessity to give, to do or not to do a. Contract
a. Civil obligation b. Quasi contract
b. Natural obligation c. Delict
c. Moral obligation d. Quasi delict
d. Social obligation
31. Omission of the diligence which is required by the circumstances of
23. This is based on equity and justice person, place and time

a. Civil obligation a. Ignorance

b. Moral obligation b. Negligence
c. Natural obligation c. Impotence
d. Social obligation d. Insanity

24. The following are the elements of an obligation, except 32. If a thing is capable of particular designation
a. Active and passive subjects a. Generic
b. Efficient cause b. Specific
c. Prescription c. Indeterminate
d. Vinculum juris d. Indeterminable
 40. A is oblige to deliver his only car to B on November 20, 2011. If A
33. The creditor has a right to the fruits of the thing does not deliver, and on November 22, 2011, a typhoon destroys
the car, which is correct?
a. From the time the obligation to deliver it arises
b. From the time the fruits have been delivered a. A is not liable because the obligation is extinguished
c. From the time there is meeting of the minds b. A is liable because he is in delay
d. From the perfection of the contract c. A and B will divide the loss equally
d. A’ s obligation is converted into monetary obligation
34. From the time the fruits have been delivered, the creditor shall
acquire 41. Whenever a period is designated in an obligation, the said period
a. Real right shall be presumed to have been established for the benefit of
b. Personal right A. The debtor
c. Moral right B. The creditor
d. None of these C. Both the debtor and the creditor
D. Neither of the parties
35. Spontaneous products of the soil and the offspring and other
products of animals 42. "A sells to B his lot and house in the city if A decides to transfer and
a. Natural live in the countryside" is an example of:
b. Industrial a. Mixed Condition
c. Civil b. Potestative Condition
d. Penal c. Casual Condition
d. Resolutory Condition
36. S, a supplier of fresh fish from Lucena City hired T, the owner of a 43. If the obligor binds himself to perform his obligation as soon as "he
trucking company, for a fee of P3 000 to bring the fish of S to the shall have obtained a loan" from a certain bank, this obligation is:
Dampa Market in Paranaque City which ordered the fish for a price a. With a Term
of P20 000. In so far as S is concerned, his prestation in his contract b. Conditional
with T is c. Suspensive
d. Resolutory
a. The sale of the fish
b. The transport of the fish 44. The debtor shall lose the right to make use of the period in the
c. The payment of P3 000 following cases, except when he
d. The payment of P20 000
a. Becomes insolvent
37. Refer to the preceding number. In the contract between S and T b. Violates any undertaking in consideration of which the creditor
agreed to the period
a. S is the obligor and T is the obligee c. Attempts to abscond
b. S is the obligee and T is the obligor d. Does not furnish any guaranty or security to the creditor
c. Both S and T are obligors and obligees of each other
d. The Dampa market is the obligee of both S and T 45. D is obliged to give C a specific car if C passes the CPA Licensure
Examination. D’s obligation is an example of
38. Fruits arising out of contracts
a. A pure obligation
a. Natural b. An obligation with a suspensive condition
b. Industrial c. An obligation with a resolutory condition
c. Civil d. An obligation with a period
d. Penal
Part II. Essay. Write your answers at the back.
39. I. If a person obliged to do something fails to do it, the same shall be
1. Give 3 examples of obligations subject to: (3pts each)
executed at his cost
a. Suspensive period
II. Those who in the performance of their obligations are guilty of b. Resolutory period
fraud, negligence, or delay and those who in any manner c. Suspensive condition
contravene the tenor thereof, are liable for damages d. Suspensive condition
2. Cite Article 1189. (13pts)
a. True, true 3. What the requisites of a fortuitous event? (5pts)
b. True, false
c. False, true BONUS: Why is the study of Oblicon important to you? (5pts)
d. False, false