Law on Obligations Review Notes

BL.
M-1401
LAW ON OBLIGATIONS
KNOWLEDGE
ENGINEERS/REVIEWERS
A. Domingo, J. Santiago,
T. Venturanza
“Serving towards your CPA License.”
REVIEW NOTES
OBLIGATION – a juridical necessity to give, to do or not to do.
SOURCES:
1. Law
2. Contracts
3. Quasi- Contracts
→ lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be
unjustly enriched or benefited at the expense of another.
Common Kinds:
a) Negotiorum Gestio
Whoever voluntarily takes charge of the agency or management of the business or property
of another without the knowledge or consent of the latter.
b) Solutio Indebiti
If something is received when there is no right to demand it, and it was unduly received
through mistake, the obligation to return it arises.
4. Delicts – (crimes) – acts or omissions punishable by law.
5. Quasi- Delicts
Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done but there is no pre-existing contractual relation between the
parties.
ESSENTIAL REQUISITES OF AN OBLIGATION
1. PASSIVE SUBJECT
2. ACTIVE SUBJECT
3. OBJECT OR PRESTATION
4. JURIDICAL OR LEGAL TIE
Two Kinds of obligation according to subject matter.
1. Real Obligation
2. Personal Obligation
a) Positive personal obligation
b) Negative personal obligation 1
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BL.M-1401.Law on Obligations.RN
Two Kinds of real obligation
1. Specific real obligation
Obligation to deliver a specific or determinate thing.
2. Generic real obligation
Obligation to deliver an indeterminate or generic thing.
Duties of the Obligor in an obligation to give a determinate thing
1. To take good care of the thing pending delivery;
2. To deliver its accessions and accessories; and
3. To deliver the thing itself.
4. To pay damages
In Generic Obligations:
1. deliver the things which is neither of superior nor inferior quality;
2. to pay damages
ACCESSIONS AND ACCESSORIES
ACCESSION - are fruits of a thing, or additions to, or improvements upon, a thing
ACCESSORIES - are things joined to a principal thing for the latter’s embellishment, better use, or
completion
REMEDIES OF THE CREDITOR IN A REAL OBLIGATION IN CASE THE DEBTOR FAILS TO COMPLY WITH
HIS OBLIGATION
1. SPECIFIC REAL OBLIGATION

a) To demand specific performance or fulfillment of the obligation with a right to indemnity for
damages; or
b) To demand rescission or cancellation (in certain cases) of the obligation also with a right to
recover damages.
2. GENERIC REAL OBLIGATION
a) To ask that the obligation be performed by a third person at the expense of the debtor;
and
b) To make the debtor liable for damages.
REMEDIES OF THE CREDITOR IN A PERSONAL OBLIGATION
1. POSITIVE PERSONAL OBLIGATION
a) To have the obligation performed by himself (creditor) or by another, unless personal
considerations are involved at the debtor’s expense; and
b) To obtain damages.
2. NEGATIVE PERSONAL OBLIGATION

a) To have the thing undone (if still possible) at the expense of the obligor; and
b) To obtain damages.
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WHAT ARE THE GROUNDS FOR LIABILITY WHICH MAY ENTITLE THE INJURED PARTY TO DAMAGES?
1. FRAUD committed after the perfection of the contract or in the performance of the obligation.
2. NEGLIGENCE
FACTORS TO CONSIDER IN DETERMINING THE ISSUE OF NEGLIGENCE
1) Nature of the obligation;
2) Circumstances of the person;
3) Circumstances of time;
4) Circumstances of the place.
KINDS OF DILIGENCE REQUIRED
1) That agreed upon by the parties
2) that required by law
3) diligence expected of a good father of a family.
3. DELAY
THREE KINDS OF DELAY
1) Mora Solvendi
delay of the obligor or debtor to perform his obligation.
TWO KINDS OF MORA SOLVENDI
a) Mora Solvendi ex re
When the obligation is an obligation to give.
b) Mora Solvendi ex persona
When the obligation is an obligation to do.
2) Mora Accipiendi
delay of the obligee or creditor to accept the delivery of the thing
3) Compensatio Morae
delay of the parties or obligors in reciprocal obligations.
When is demand by the creditor not necessary in order that delay may exist?
Ans:
1) When the obligation itself so stipulates that demand is not necessary
2) When the law so declares
3) When time is of the essence of the contract
4) When demand would be useless as when the obligor has rendered it beyond his power to
perform
5) When there is performance by a party in reciprocal obligations delay by the other begins
4. CONTRAVENTION OF THE TENOR OF THE OBLIGATION
MEANING OF FORTUITOUS EVENT
A fortuitous event is any event which cannot be foreseen, or which, though foreseen, is
inevitable.
RULES ON LIABILITY FOR FORTUITOUS EVENT
1) General Rule
The debtor is not liable for the non-performance of his obligation due to a fortuitous event.
2) Exceptions: He is liable:
a) when stipulated by the parties;
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b) when the law so provides; and
c) when the obligation involves the assumption of risk
DIFFERENT KINDS OF OBLIGATIONS
1. Pure Obligation;
2. Conditional Obligations;
3. Obligation with a period;
4. Alternative Obligation;
5. Facultative Obligation;
6. Joint Obligation;
7. Solidary Obligation;
8. Divisible Obligation;
9. Indivisible Obligation; and
10. Obligation with a Penal Clause.
1. PURE OBLIGATION
→not subject to any condition and no period attached to the obligation
2. CONDITIONAL OBLIGATION
→subject to a condition
2 PRINCIPAL KINDS OF CONDITION
1) SUSPENSIVE
→fulfillment of which will give rise to the obligation
2) RESOLUTORY
→fulfillment of which will extinguish the obligation
Other Kinds:
a. possible – capable of fulfillment
b. impossible – if the condition is not capable of fulfillment,
c. Positive – an act is supposed to be performed
d. Negative – an act is supposed to be omitted
e. Potestative – the condition depends upon the will of one of the contracting parties
f. Casual – the condition depends upon the chance or upon the will of a third person
g. Mixed – the condition depends partly upon chance and partly upon the will of a third
person.
Nota Bene:
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
RULES IN CASE OF LOSS, DETERIORATION, OR IMPROVEMENT OF THE THING TO BE DELIVERED
DURING THE PENDENCY OF A SUSPENSIVE CONDITION
1) IF THE THING IS LOST-

a) without the fault of debtor, the obligation is extinguished;
b) with the fault of debtor, the latter shall be obliged to pay damages;
2) IF THE THING DETERIORATES
a) without the fault of debtor, the impairment is borne by the creditor;
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b) through the fault of debtor, the creditor may choose between rescission with damages
and fulfillment also with damages;
3) IF THE THING IS IMPROVED BY ITS NATURE OR BY TIME
→The improvements shall inure to the benefit of the creditor
4) IF THE THING IS IMPROVED AT THE EXPENSE OF THE DEBTOR
The latter (debtor) has the same right as a usufructuary
•USUFRUCTUARY
Is one given the right to possess and enjoy property belonging to another.
NOTA BENE
 A condition is an uncertain event that may or may not happen; a period is a certain event
that must necessarily come, at a date known beforehand, or at a time that cannot be
determined.
 A condition may refer to the future or to a past event unknown to the parties; a period
always refers to the future.
3. OBLIGATION WITH A PERIOD
Is one for whose fulfillment a period or term has been fixed.
PERIOD = Is a future and certain event
KINDS OF PERIODS
a) Suspensive (ex die)
A day certain the arrival of which makes the obligation demandable
b) Resolutory (in diem)
A day certain the arrival of which terminates the obligation
WHEN DEBTOR LOSES HIS RIGHT TO MAKE USE OF THE PERIOD IF IT IS FOR HIS BENEFIT:
(ART.1198) [the creditor may demand immediate payment even before due date of the
obligation (because obligation becomes pure)]
1) When debtor becomes insolvent unless he gives a guaranty or security for the debt.
2) When he does not furnish to the creditor the guaranties or securities which he has promised.
3) When by his own acts, he has impaired said guaranties or securities or when through a
fortuitous event they disappear, unless he gives new ones equally satisfactory
4) When he violates any undertaking, in consideration of which the creditor agreed to the
period.
5) When he attempts to abscond
KINDS OF OBLIGATIONS ACCORDING TO THE NUMBER OF PRESTATIONS
1) SIMPLE
Where there is only one prestation.
2) COMPOUND
When there are several prestations. This may be:
a) CONJUNCTIVE
Several prestations are due but all must be performed.
b) DISTRIBUTIVE OR DISJUNCTIVE
This may either be alternative or facultative.
4. ALTERNATIVE OBLIGATION
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Is one where several prestations are due but the complete performance of one of them is
sufficient to extinguish the obligation
RULES IN CASE OF LOSS OF THINGS OR IMPOSSIBILITY OF SERVICES WHICH ARE
ALTERNATIVELY THE OBJECT OF THE OBLIGATION
1) When right of choice is with the debtor
a) If only one or some are lost through a fortuitous event or through the debtor’s fault
→the debtor may deliver any of the remainder, or that which remains if only one
subsists.
b) If all are lost through a fortuitous event
→the obligation is extinguished
c) If all are lost through the debtor’s fault
→the debtor shall pay the value of the last thing that was lost plus damages
2) When the right of choice is expressly granted to the creditor
a) If only one or some are lost through a fortuitous event
→the debtor shall deliver that which the creditor should choose among the remainder,
or that which remains if only one subsists.
b) If all are lost through a fortuitous event
→the obligation shall be extinguished.
c) If only one or some are lost through the debtor’s fault
→the creditor may claim any of those subsisting, or the price of those which were lost
through the debtor’s fault plus damages.
d) If all are lost through debtor’s fault
→the creditor may claim the price of any of them plus damages.
5. FACULTATIVE OBLIGATION
→An obligation where only one prestation is due but the debtor may render another in
substitution
RULES IN CASE OF LOSS OF PRINCIPAL THING AND SUBSTITUTE
1) BEFORE SUBSTITUTION
a) PRINCIPAL THING
i. If lost due to fortuitous event, the obligation is extinguished.
ii. If lost due to the debtor’s fault, debtor shall pay damages.
b) SUBSTITUTE
The debtor has still to deliver the principal thing.
2) AFTER SUBSTITUTION
a) PRINCIPAL THING
→After the substitution has been communicated, the thing due is the substitute.
b) SUBSTITUTE
i. If lost through a fortuitous event, the obligation is extinguished.
ii. If lost through the debtor’s fault, the debtor shall pay damages.
6. JOINT OBLIGATION
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→Is one where the obligation is to be paid or fulfilled proportionately by the different debtors
and or is to be demanded proportionately by the different creditors.
7. SOLIDARY OBLIGATION
→Is one where each of the debtors is bound to render, and/or each of the creditors has a right to
demand entire compliance with the prestation.
GENERAL RULE IF THERE IS A CONCURRENCE OF TWO OR MORE DEBTORS AND/OR TWO OR
MORE CREDITORS IN ONE AND THE SAME OBLIGATION.
The obligation is presumed to be joint. There is solidary liability only in the following cases:
1) When the obligation expressly so states.
2) When the law requires solidarity.
3) When the nature of the obligation requires solidarity
WHAT ARE THE DEFENSES AVAILABLE TO THE SOLIDARY DEBTOR WHO IS SUED?
They are:
1) Defenses derived from the nature of the obligation like payment, fraud, prescription,
remission, etc.;
2) Defenses personal to, or which pertain to his share, such as incapacity, mistake, violence,
etc.; and
3) Defenses which are personal to others, but only as regards that part of the debt for which
he is liable.
DIVISIBLE AND INDIVISIBLE OBLIGATIONS
8. DIVISIBLE OBLIGATION
→Is one the object of which in its delivery or performance is capable of fulfillment by parts.
9. INDIVISIBLE OBLIGATION
→Is one the object of which in its delivery or performance is not capable of fulfillment by parts.
10. OBLIGATIONS WITH A PENAL CLAUSE
→Is one which contains an accessory undertaking (penal clause) to pay a previously stipulated
indemnity (penalty) in case of breach.
RULES IN CASE OBLIGATION HAS A PENAL CLAUSE
General Rule: The penalty takes the place of the damages and interest in case of non-
compliance.
Exceptions: Aside from the penalty, damages and interest may also be demanded:
1. When there is a stipulation to that effect.
2. When the debtor refuses to pay the penalty.
3. When the debtor is guilty of fraud in the performance of the obligation
MODES OR CAUSES OF EXTINGUUISHMENT OF AN OBLIGATION
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt.
4. Confusion or merger or the rights of creditor and debtor;
5. Compensation
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6. Novation; and
7. Other causes, such as:
A. Annulment
B. Rescission
C. Fulfillment of a resolutory condition
D. Prescription
E. Death of a party in case the obligation is a personal one
F. Mutual dissent or withdrawal
G. Arrival of a resolutory period
H. Impossibility of fulfillment
I. Happening of a fortuitous event
J. Renunciation or waiver
1. PAYMENT OR PERFORMANCE
→means not only the delivery of money but also the performance, in any other manner, of an
obligation.
WHO ARE THE PERSONS FROM WHOM THE CREDITOR IS BOUND TO ACCEPT THE PAYMENT OR
PERFORMANCE?
1) The debtor
2) Any person who has an interest in the obligation
3) A third person who has no interest in the obligation when there is a stipulation that he can
make payment
TO WHOM PAYMENT SHALL BE MADE?
1) The creditor or obligee
2) To the creditor’s successor in interest such as his heirs or assigns
3) To any person authorized by the creditor or by law to receive payment.
IN WHAT CURRENCY SHALL PAYMENT OF DEBT IN MONEY BE MADE?
→Payment of domestic obligations shall be made in the currency stipulated; in the absence
of stipulation, the currency which is legal tender in the Philippines.
WHAT IS THE MEANING OF LEGAL TENDER?
Is that currency which a debtor can compel a creditor to accept in payment of a debt in
money, when tendered in the right amount.
GIVE THE RULES REGARDING PLACE WHERE PAYMENT SHALL BE MADE
→They are:
1) If there is a stipulation, payment shall be made in the place designated;
2) If there is no stipulation:
a) Where the thing to be delivered is specific, it shall be at the place where the thing was
at the perfection of the contract;
b) Where the thing to be delivered is generic (like money), it shall be the domicile of the
debtor
WHO BEARS THE EXPENSES OF PAYMENT?
1) They are paid by the party liable according to stipulation;
8 2) In the absence of stipulation:
a) Extra-judicial expenses required by the payment are for the account of the debtor;
b) Judicial costs are governed by the Rules of Court; and
Where the place of payment is the domicile of the debtor and he changes his domicile in bad
faith or after he has incurred in delay, the additional expenses shall be borne by him
WHAT ARE THE SPECIAL FORMS OF PAYMENT?
1) Application of payment
2) Dation in payment
3) Payment by cession
4) Tender of payment and consignation
DATION IN PAYMENT
Dation in payment , is a special form of payment where the ownership of property belonging to
the debtor is transferred to his creditor to pay a debt in money.
APPLICATION OF PAYMENTS
→Is the designation of the debt to which should be applied the payment made by a debtor who
owes several debts to the same creditor
HOW IS APPLICATION OF PAYMENT MADE?
a) The debtor who is given the preferential right
b) If the debtor does not make the designation, the creditor makes it
c) payment shall be applied by operation of law as follows:
1) Payment shall be applied to the debt, among those due, which is the most onerous to
the debtor.
2) If the debts are of the same nature and burden, payment shall be applied to all due
debts proportionately.
PAYMENT BY CESSION
→is the abandonment or assignment by the debtor of all his property in favor of his creditors so
that the latter may sell them and recover their claims out of the proceeds.
TENDER OF PAYMENT AND CONSIGNATION
TENDER OF PAYMENT
→It is the act on the part of the debtor of offering to the creditor the thing or amount due.
CONSIGNATION
→It is the act of depositing the thing or amount due with the proper court when the creditor
does not desire or cannot receive it, after complying with the formalities prescribed by law.
GIVE THE CASES WHEN CONSIGNATION ALONE, WITHOUT NEED OF TENDER OF PAYMENT,
PRODUCES THE EFFECT OF PAYMENT.
1. When the creditor is absent or unknown or does not appear at the place of payment;
2. When he is incapacitated to receive the payment at the time it is due;
3. When, without cause, he refuses to give a receipt;
4. When two or more persons claim the same right to collect; and
5. When the title of the obligation has been lost.
2. LOSS OF THE THING DUE 9
WHEN IS A THING CONSIDERED LOST?
A thing is considered lost when:
a. It perishes; or
b. Goes out of commerce; or
c. Disappears in such a way that its existence is unknown or it cannot be recovered.
ENUMERATE THE CASES WHEN THE OBLIGOR IS LIABLE FOR DAMAGES BY THE LOSS OF THE
THING DUE
1. If the loss of the determinate thing is due to his fault;
2. When it is lost after he has incurred in delay;
3. When by law or stipulation he is liable even for fortuitous events;
4. When the nature of the obligation requires the assumption of risk; and
5. When the obligation to deliver a specific thing arises from a crime.
WHEN WILL LOSS OF THING EXTINGUISH AN OBLIGATION?
1. In obligations to deliver specific or determinate things, it shall be extinguished if the thing
should be lost or destroyed without fault of the debtor and before he has incurred in delay.
Nota Bene: If the loss is due to the fault of a third person, the creditor is given the right to
recover damages from the former.
2. In obligations to deliver generic things, the loss or destruction of anything of the same kind
does NOT extinguish the obligation
LOSS IN PERSONAL OBLIGATIONS (OBLIGATIONS TO DO)
a. When the prestation becomes legally or physically impossible without the fault of the
debtor, the obligation is extinguished.
b. When the service has become so difficult as to be manifestly beyond the contemplation of
the parties, the obligor may also be released in whole or in part
3. CONDONATION OR REMISSION OF DEBT

→It is the gratuitous abandonment by the creditor of his right. It is, in effect, a donation.
→This refers to the forgiveness of an indebtedness.
→To extinguish the obligation it requires the debtor’s consent.
GIVE THE EFFECT OF THE RENUNCIATION OF THE PRINCIPAL DEBT.
→It shall extinguish the accessory obligation.
Nota Bene:
→Based on the accessory follows the principal rule
GIVE THE EFFECT OF THE WAIVER OF THE ACCESSORY OBLIGATION.

→It shall leave the principal obligation in force
4. CONFUSION OR MERGER
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→It is the meeting in one person of the qualities of creditor and debtor with respect to the same
obligation.
GIVE THE EFFECT OF MERGER IN THE PERSON OF THE PRINCIPAL DEBTOR OR CREDITOR
→It extinguishes the principal obligation.
→It benefits the guarantors because the accessory obligation of guaranty is also extinguished.
GIVE THE EFFECT OF CONFUSION IN A JOINT OBLIGATION

→It does not extinguish a joint obligation except as regards the share corresponding to the
creditor or debtor in whom the two characters concur.
GIVE THE EFFECT OF CONFUSION IN A SOLIDARY OBLIGATION

→It extinguishes the entire obligation because it is also a merger in the other solidary debtors.
5. COMPENSATION
→Is the extinguishment to the concurrent amount of the debts of two persons who, in their own
right, are debtors and creditors of each other
ENUMERATE THE CASES WHEN COMPENSATION IS PROHIBITED.

1. If one of the debts arises from a depositum or from the obligation of a depository;
2. If one of the debt arises from the obligation of a bailee in commodatum;
3. If one of the debts arises from a claim from support due by gratuitous title; and
4. If one of the debts consists in civil liability of the offender arising from a penal clause.
6. NOVATION
→It is the substitution or alteration of an obligation by a subsequent one that substitutes or
modifies the one preceding.
WHAT ARE THE KINDS OF NOVATION?

 AS TO ORIGIN:
a. LEGAL
That which takes place by operation of law; and
b. CONVENTIONAL
That which takes place by agreement of the parties.
 AS TO ITS OBJECT:
a. REAL OR OBJECTIVE
→When the change is in the obligation itself, i.e., the cause, object, or principal
condition
b. PERSONAL OR SUBJECTIVE
→Where the change is in the parties (i.e., the person of the debtor is substituted
(substitution) and/or a third person is subrogated in the rights of the creditor
(subrogation); and
c. MIXED
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→Where there is a change both in the parties and the obligation itself.
WHAT ARE THE KINDS OF PERSONAL NOVATION?

1. SUBSTITUTION
When the person of the debtor is substituted, and it may be either:
a. EXPROMISION
→When a third person without the knowledge or against the will of the original debtor
assumes the obligation with the consent of the creditor; or
b. DELEGACION
→When the creditor accepts a third person to take the place of the debtor at the
instance of the latter.
2. SUBROGATION
When a third person is subrogated in the rights of the creditor, and it may either:
a. CONVENTIONAL
When it takes place by agreement of the original parties (the debtor and the original
creditor) and the third person (the new creditor); or
b. LEGAL
When it takes place by operation of law.
GIVE THE EFFECTS OF EXPROMISION

1. The old debtor is released; and
2. The new debtor’s insolvency or non-fulfillment of the obligation does not give rise to any
liability on the part of the original debtor.
GIVE THE EFFECTS OF “DELEGACION”
1. The old debtor is not liable in case of non-fulfillment of the obligation
2. He is not liable even in case of insolvency of the new debtor except when:
a. The said insolvency was already existing and of public knowledge at the time of the
delegacion; or
b. It was already existing and known to the debtor at the time of the delegacion.
ENUMERATE THE CASES WHEN THE LEGAL SUBROGATION OF THE CREDITOR IS PRESUMED
1. When a creditor pays another creditor who is preferred even without the debtor’s
knowledge;
2. When a third person, not interested in the obligation, pays with the express or tacit approval
of the debtor; and
When even without the knowledge of the debtor, a person interested in the fulfillment of the
obligation (e.g., guarantor) pays, without prejudice to the effects of confusion as to the latter’s share.
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BL.M-1401.Law on Obligations.MC
MULTIPLE CHOICE QUESTIONS
1. Obligations may arise from any of the following, except:
A. Contracts C. Law
B. Quasi-Contracts D. Negligence
2. A juridical necessity to give, to do or not to do

A. Civil obligation C. Moral obligation
B. Natural obligation D. Social obligation
3. It is the voluntary administration of the property of another without his consent.

A. Negotiorum gestio C. Quasi-delict
B. Solutio Indebiti D. Contract
4. It is a wrong committed without any pre-existing relations between the parties

A. Natural Obligation C. Quasi-Contract
B. Quasi-delict D. Culpa Contractual
5. The following are the requisites of an obligation, except:

A. Passive subject, debtor or obligor C. Efficient cause
B. Active subject, creditor, or oblige D. Presentation
6. Where A voluntarily takes charge of the neglected business of B without the latter’s authority
where reimbursement must be made for necessary and useful expenses, there is a:
A. Quasi Delict C. Negotiorum Gestio
B. Quasi Contract D. Solution indebiti
7. It is a thing that is particularly designated or physically segregated from all others of the same
class.
A. Generic thing C. Determinate thing
B. Indeterminate thing D. Real thing
8. The sources of liability for damages are the following, except:

A. Fraud C. Delay
B. Negligence D. Quasi-delict
9. They give a right of action to compel their performance

A. civil obligation C. natural obligation
B. moral obligation D. social obligation
10. This is based on equity and justice

11. The efficient cause or juridical tie why the obligation exists
A. Active subject C. Prestation
B. Passive Subject D. Vinculum
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12. The following are sources of obligations derived from law, except
A. contracts C. delicts
B. quasi-contracts D. quasi-delicts
13. The duty to pay taxes and to support one’s family are obligations arising from
A. Law C. Quasi-contracts
B. Contracts D. Delicts
14. Damages awarded for mental and physical anguish

A. Moral C. Nominal
B. Exemplary D. Temperate
15. Damages awarded to vindicate a right

A. Liquidated C. Nominal
B. Actual D. Exemplary
16. When the exact amount of damages cannot be ascertained

A. Exemplary C. Temperate
B. Liquidated D. Moral
17. Damages predetermined beforehand

A. Temperate C. Actual
B. Liquidated D. Moral
18. The creditor has a right that is enforceable against a definite passive subject. This right is known
as:
A. Personal right C. Natural right
B. Real right D. Civil right
19. The obligee has a right to enforce the obligation against the obligor in a court of law
20. The duty not to recover what has voluntarily been paid although payment was no longer required
A. Civil obligation C. Moral obligation
B. Natural obligation D. Juridical obligation
21. Cannot be enforced by court action and depend exclusively upon the good conscience of the
debtor
A. civil obligation C. moral obligation
B. natural obligation D. social obligation
22. The obligation of husband and wife to render mutual help and support arises from
A. Contract C. quasi-contract
B. Law D. quasi-delict
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23. Whenever in an obligation a period is designated, it is presumed to have been established for the
benefit of :
A. both the creditor and the debtor C. the debtor
B. the creditor D. the third party
24. One of the following is a specific thing
A. A Toyota fortuner car C. An Isuzu altera
B. A Mitsubishi outlander car D. An old yellow jeep with plate number ABC 123
25. This refers to delay on the part of the creditor.
A. Mora solvendi ex re C. Mora solvendi ex persona
B. Compensation morae D. Mora accipiendi
26. It refers to a joint obligation:
A. one in which each debtor is liable for the entire obligation, and each creditor is entitled to
demand the whole obligation.
B. one in which either one of the parties is indispensable and the other is not necessary.
C. one in which the obligation of one is a resolutory condition of the other, the non-fulfillment
of which entitles the other party to rescind the contract.
D. One in which each of the debtors is liable only for a proportionate part of the debt and each
creditor is entitled only for a proportionate part of the credit.
27. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be:
A. Voidable C. Valid
B. Unenforceable D. Void
28. Unless the law or the stipulation of the parties requires another standard of care, the obligation
to give a thing carries with it the obligation to take care of it with:
A. extra-ordinary diligence
B. degree of care agreed upon by the parties
C. diligence of a good father of a family
D. diligence of a good family of a father
29. A entered into a contract with B by which A promised to deliver at price stipulated in the
contract. Such delivery is made on February 14, 2001 with penalty in case of default. In this case,
no further demand by B on A is necessary to consider A in delay because:
A. time is of the essence of the contract
B. the obligation expressly so provides
C. the demand would be useless
D. answer not given
30. If the creditor to whom tender of payment has been made refuses without just cause to accept it,
the debtor shall be released from responsibility by:
A. assignment of property
B. consignation of the thing or sum due
C. adjudication or pacion en pago
D. condonation
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31. A executes a promissory note in favor of B who subsequently indorsed it in favor of A. The
obligation to pay the promissory note is thereby extinguished because there is?
A. confusion or merger C. remission
B. novation D. compensation
32. The distinction between conventional subrogation and assignment is that in conventional
subrogation:
A. it is a mere cession of right
B. an obligation is extinguished and another appears
C. the same obligation, without being extinguished is transferred to another
D. the debtor’s consent is necessary
33. If the obligor binds himself to perform his obligation as soon as “he shall have obtained a loan”
from a certain bank, this obligation is:
A. with a term C. suspensive
B. conditional D. resolutory
34. It presupposes not only that the obligor is able, ready and willing but more so, in the act of
performing his obligation.
A. promissory note C. bill of exchange
B. tender of payment D. obligation to sell
35. Acceptance of a commercial document is equivalent to payment.

A. The check has been received as payment.
B. The check became valueless because of the creditor’s fault.
C. The check is a manager’s check or cashier’s check
D. The promissory note is used as payment.
36. The debtor shall lose every right to make use of the period except:
A. When after the obligations has been contracted he becomes insolvent, unless he gives a
guaranty or security for the debt.
B. When he does no furnish a guaranty or security for the debt.
C. When the debtor attempts to abscond.
D. When he violates any undertaking in consideration of which the creditor agreed to the
period.
37. When the Debtor binds himself to pay when his means permit his to do so is one:
A. with a condition dependent upon the debtor’s will.
B. with the resolutory period upon the debtor’s will.
C. with the suspensive period dependent upon the debtor’s will.
D. with the condition to be fixed by court.
38. When the debtor binds himself to pay when his means will permit him to do so, the obligation is:
A. conditional C. simple
B. pure D. with a period
16
39. In three of the following cases, advance payment by the debtor is not recoverable. Which is the
exception?
A. The obligation was not yet due and demandable but the debtor believed it was already due
and demandable.
B. The payment is only for interest and credited to the proper period.
C. The advance payments were made by both parties reciprocally.
D. The debtor was aware of the period.
40. This is payment in kind:
A. consignation C. dation in payment
B. payment by cession D. application for payment
41. When the obligation is extinguished because of the passage of time, this is:
A. fulfillment of resolutory condition C. prescription
B. arrival of resolutory period D. rescission
42. The source of obligations which is a rule of conduct, just and obligatory, promulgated by
legitimate authorities for common good, benefit and observance
A. Contracts C. Delicts
B. Quasi-contracts D. Law
43. Unless the law or the stipulation of the parties require another standard of care, every person
obliged to give something is also obliged to take care of it with the proper diligence
A. Observing utmost care C. Of a father of a good family
B. Observing extraordinary care D. Observing ordinary diligence
44. Ordinary diligence is
A. Diligence of a good father of a family
B. Extraordinary diligence
C. Diligence required by law
D. Diligence of a father of a good family
45. The following are kinds of fruits of an obligation, except
A. Natural C. Civil
B. Industrial D. Penal
46. Spontaneous products of the soil and the offspring and other products of animals
A. Natural C. Civil
B. Industrial D. Penal
47. The following except one, are included in civil liability. The exception is
A. Restitution C. Indemnification
B. Reparation D. Compensation
48. The obligation begins only from a day certain or upon the arrival of the period
A. Ex die C. Conditional
B. In diem D. With a period
17
49. In a joint obligation, joint means any of the following, except
A. pro-rata C. mancomunada simple
B. proportionate D. Individually and collectively
50. Where two or more prestations have been agreed upon, and all of them must be performed, the
obligation is
A. Alternative C. Conjoint
B. Facultative D. Solidary
51. The transfer to a third person of all the rights appertaining to the creditor including the right to
proceed against guarantors, or possession of mortgages, subject to any legal provision or
modification that may be agreed upon
A. Novation C. Expromission
B. Delegacion D. Subrogation
52. Compensation cannot take place, except

A. When one debt arises from the obligations of a depositary
B. When one debt arises from the obligations of a bailee in commodatum
C. When one debt arises because of a claim for support due to gratuitous title
D. When one debt arises from a bank deposit
53. Action where a person in possession of certain property may bring an action against the
conflicting claimants to compel them to interplead and litigate their several claims among
themselves.
A. Garnishment C. Injunction
B. Interpleader D. Attachment
54. X is under obligation to deliver Y’s car to the latter. However, before delivery Z destroys the car.
Which one of the following is not correct
A. X’s obligation to give the car to Y is extinguished
B. X is allowed to recover from Z
C. Y has the right to bring an action against Z
D. X is not obliged to give Y an equivalent value of the car.
55. When the debtor binds himself to pay when his means will permit him to do so, the obligation is
A. Conditional C. simple
B. pure D. with a period
56. Ray signs a promissory note and binds himself to pay Rex P100,000 plus 15% per annum interest
on June 30,2014.
A. Before June 30, 2014, Rex can demand payment
B. If on June 30, 2014 Ray is paying Rex, the latter can refuse the payment
C. Ray can compel creditor Rex to accept payment before June 30, 2014
D. Because the period is for the benefit of the debtor and creditor, Rex can refuse any tendered
18 payment before June 30, 2014
57. The debtor shall lose the right to make use of the period in the following cases, except:
A. When he becomes insolvent
B. When he violates any undertaking in consideration of which the creditor agreed to the
period.
C. When the debtor attempts to abscond
D. When he does not furnish any guaranty or security to the creditor
58. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a
substitute. Which of the following is true?
A. If the ring is lost through a fortuitous event before substitution, the obligation is
extinguished.
B. If the bracelet is lost through a fortuitous event before the substitution, the obligation is
extinguished.
C. If the ring is lost through a fortuitous event after substitution, the obligation is extinguished.
D. If the ring is lost through the debtor’s fault after substitution, the debtor shall pay damages.
59. A entered into a contract with B by which A promised to deliver at price stipulated in the
contract. Such delivery is to be made on February 14, 2001 with penalty in case of default. In this
case, no further demand by B on A is necessary to consider A in delay because:
A. time is of the essence of the contract
B. the obligation expressly so provides
C. the demand would be useless
D. answer not given
60. When the period is “on or before a date”, the debtor has the benefit of the period. This benefit is
lost and the obligation becomes demandable when:
A. The debtor attempts to abscond.
B. after contracting the obligation, the creditor suspects the debtor of becoming insolvent.
C. The guarantee given by the debtor is not acceptable to the creditor
D. Demand by creditor could be useless
61. One of the following shall produce the effect of payment of debts:
A. delivery of check C. delivery of promissory note
B. tender of Central Bank notes D. dacion en pago
62. A promissory note signed by A dated March 15, 2015 is worded as follows “I promise to pay B the
sum of fifty thousand pesos (P50,000) provided that if she should fail in October 2015 CPA Exam,
she shall return to me the said amount.” The above note gives rise to an obligation with:
A. suspensive condition C. resolutory condition
B. casual condition D. answer not given
63. Which of the following is not considered as quasi-contract?
A. solution indebiti
B. when the third person without the knowledge of the debtor, pays the debt
C. negotiorum gestio
D. reimbursement due the person who saved the property during fire or storm without the
knowledge of the owner 19
64. In tender and consignation, if after consignation is made, the creditor allows the debtor to
withdraw the thing deposited in court, which of the following is incorrect?
A. Co-debtors, guarantors and securities are released from the obligation unless they
consented.
B. The obligation remains to subsist.
C. The obligation is extinguished.
D. None of the above.
65. D owes C P10, 000 payable on December 25, 2015. Later D forced C to sign a promissory note for
P10, 000 payable on December 25, 2015. If all other requisites of compensation are present, are
both debts extinguished?
A. Yes, under the legal compensation
B. No, B’s consent was obtained by force
C. Yes, with the approval of the court
D. Answer not given
66. X has been missing for sometime leaving no one to manage his properties. A and B jointly took
charge of the management thereof. However, due to the fault of A, the properties of X were
damaged. The liability therefore to X for damages shall be:
A. only A shall be liable
B. both shall be jointly liable
C. both shall be solidarily liable
D. they are not liable since X is at fault for having abandoned his properties
67. A owes B sum of money evidenced by a promissory note which has prescribed. X, without the
knowledge of A, paid B his debt. Later A reimbursed X for the payment of the latter to B although
he has no obligation to do so. After payment, A now wants to recover his payment to X on the
ground that he was not obliged to reimburse him. Which of the following is correct?
A. A can recover his reimbursement to X to prevent unjust enrichment on X’s part at the
expense of A
B. A cannot recover because he has the civil obligation to reimburse X for the latter paid his
debt to B
C. A cannot recover because the payment partakes of a natural obligation
D. A cannot recover since there was reimbursement by mistake
68. A bought strawberry jams from a grocery store of Ray Moon Ace Calla Lily Corp. and was
hospitalized due to food poisoning as a result of toxic substance contained in the said jam sold by
the Ray Moon Ace Calla Lily Corp. A is now suing the said corporation for damages. Decide:
A. A has no right to claim damages from the producer because there was no contract between
them.
B. Ray Moon Ace Calla Lily Corp., is not liable to A because the latter was negligent in eating the
strawberry jams despite the presence of harmful substance therein.
C. A must claim damages from the grocery store because under quasi-contract due to its
negligence in the preparation of the strawberry jams causing damage to A.
D. Ray Moon Ace Calla Lily Corp.is liable for damages under quasi-delict due to its negligence in
the preparation of the strawberry jams thus causing damage to A.
20
69. In three of the following cases, advance payment by the debtor is not recoverable. Which is the
exception?
A. The obligation was not yet due and demandable but the debtor believed it was already due
and demandable.
B. The payment is only for interest and credited to the proper period.
C. The advance payments were made by both parties reciprocally.
D. The debtor was aware of the period.
70. When the debtor abandons or transfers all his properties to his creditors so that the creditors
may sell the properties and out of the net proceeds the creditors recover their claims, this is
called:
A. dacion en pago
B. tender of payment and consignation
C. payment by cession
D. remission
71. Debtor’s default in real obligation

A. Mora accipiendi C. Mora solvendi ex persona
B. Mora solvendi ex-re D. Compensatio morae
72. Where demand by the creditor shall be necessary in order that delay may exist
A. When time is of the essence of the contract
B. When demand would be useless
C. When the obligor has expressly acknowledged that he is in default
D. When the obligor requested for an extension of time
73. Novation which changes the object or the principal condition of the obligation
A. Real C. Mixed
B. Personal D. Partial
74. Novation which changes the parties to the obligation

A. Real C. Mixed
75. Novation which changes the object and parties of the obligation
A. Real C. Mixed
76. The act of putting somebody onto the shoes of the creditor enabling him to exercise all the rights
and actions that could have been exercised by the latter.
A. Agency C. Subrogation
B. Partnership D. Novation
21
77. XYZ are jointly and severally liable to Andrew for P30,000 which matures on June 15, 2013. On
May 1, 2013, X paid Andrew for the whole amount of the debt. If on December 1, 2013, X will be
reimbursed by Y, the latter will be liable for:
A. P10,000 with interest from June 15, 2013 to December 1, 2013
B. P10,000 without interest
C. P10,000 with interest from May 1, 2013 to June 15, 2013
D. P10,000 with interest from May 1, 2013 to December 1, 2013
78. A, B, and C solidarily debtors owe solidary creditors X and Y P299,999.00. X remitted the entire
obligation in favor of A. The effect is:
A. The obligation is not extinguished until A collects from B and C.
B. The obligation is not yet extinguished until Y is paid by X his share of the credit.
C. A cannot recover from B and C because remission in his favor extend to the benefit of B and
C under the principle of “all for one and one for all”.
D. A can recover from B and C their respective share of the debt.
79. A owes B P150,000 due on October 31, 2013. A executed a mortgaged in favor of B on A’s
building to guaranty the obligation. On October 5, 2013, the mortgaged building was totally lost
due to an earthquake. On October 18, 2013, B demanded payment from A. Is B’s demand valid?
A. No. The obligation is one with a definite period, thus the creditor cannot demand fulfillment
of the obligation before it due.
B. No. The mortgage was extinguished because the object of the contract was lost through a
fortuitous event.
C. Yes. The debt becomes due at once because the guarantee was lost even though through a
fortuitous event, unless the debtor can mortgage another property that is equally
satisfactory.
D. Yes. The debt becomes due at once because the period’s benefit is given solely to the
creditor thereby giving the creditor the right to demand performance even before the due
date.
80. An obligation ceases to be alternative and becomes a simple obligation in the following cases,
except:
A. When the debtor has communicated his choice to the creditor
B. When the right of choice has been expressly granted to the creditor and his choice has been
communicated to the debtor.
C. When among the several prestations that are due only one is practicable.
D. When several prestations are due but the performance of one is enough to extinguish the
obligation.
81. A, B, C and D are joint creditors of E and F, solidary debtors in the amount of P100,000.00. How
much can A, B and C collect from E?
A. A, B and C could collect P50,000.00 from E.
B. A, B and C could collect P75,000.00 from E.
C. A, B and C could collect all the P25,000.00 from E.
D. A, B and C could collect P25,000.00 from E and P75,000 from F.
22
82. X and Y are solidary debtors of A, B, C and D, joint creditors to the amount of P80,000. How much
can A collect from X?
A. A could recover P80,000 from X. A, in turn has to give to B, C and D P20,000 each.
B. A could recover P40,000 only from X.
C. A could recover P20,000 only from X
D. A could recover P80,000 from X. A, in turn does not have to give to B, C and D P20,000 each
83. D obliged to give C a specific watch, a specific ring, or a specific bracelet. The parties agreed that
C will have the right to choose the thing which will be given to him. Before C could make his
choice, the watch and the ring are lost through D’s fault, successively. What is the right of C?
A. C may choose the delivery to him of the bracelet, or the price of the watch or the price of the
ring plus damages.
B. C cannot choose the price of the watch or the price of the ring because the said objects have
already been lost.
C. C can only choose to have the bracelet because anyway, D can still perform his obligation.
D. C can only choose to have delivery of the bracelet or the price of the ring which was the last
item that was lost plus damages.
84. A, B, and D, solidary debtors, are obliged to give V, W, X, Y and Z, joint creditors, P200,000.00
A. V may collect from C P200,000.00
B. V may collect from C P40,000.00
C. V may collect from C P50,000.00
D. V may collect from C P10,000.00
85. This is a promissory note: “ I promise to pay A, B and C the sum of P45,000.” (signed) D, E, and F.
A. F is obliged to pay C P15,000.00 C. F is obliged to pay C P145000.00
B. F is obliged to pay C P13,999,000.00 D. F is obliged to pay C P16,000.00
86. In alternative obligation, the right of choice belongs to:

A. The creditor C. Both the creditor and the debtor
B. The debtor D. Third person
87. In facultative obligation, the right of choice belongs to:

A. The creditor C. Both the creditor and the debtor
B. The debtor D. Third person
88. D borrowed P50,000.00 from C. C dies before he has collected the debt leaving S, his son as heir.
Which of the following statements is correct?
A. S can collect from D although D and C did not agree that the right to the debt will pass on to
the heirs of C.
B. S cannot collect because the credit right is personal to C.
C. S can collect only if D and C agreed that the right to the debt will pass on the heirs of C.
D. S cannot collect because the law prohibits the transmission of the credit right.
23
89. A and B promised to deliver a particular car valued at P100,000 to C on or before December 15,
2013. December 15, 2013 came and upon demand by C of delivery from A and B, A is willing to
deliver but B refused to deliver. In the case at bar:
A. An action for specific performance will lie against both A and B
B. Both A and B shall be liable for P50,000 each with damages
C. B shall be liable for P50,000 without damages and A shall be liable for P50,000 with damages
D. C can demand delivery of the car from A or B
90. A owes B who has 11 legitimate children, P99,000 payable on demand on December 31,2013.
A. If A dies before December 31, 2013, B cannot collect from the heirs of A.
B. If A dies before December 31, 2013, B can collect from the heirs of A
C. If B dies, his eleven legitimate children cannot recover from A his obligation
D. If both A and B die, the heirs of B can collect from the heirs of A
91. X by mistake delivered to A and B a sum of money which should have been delivered to C and D.
X now demand the return of the same from A and B. The liability of the latter for the sum of
money to which they are not entitled shall be:
A. A and B shall be liable solidarily
B. A and B shall be liable jointly
C. They are not liable for having received the money in good faith
D. X has no right to recover as he was negligent in the delivery of the money
92. Specific performance may not be possible in this civil obligation
A. Raymond, a painter, obliges himself to paint the portrait of Andrew on November 29, 2013
B. Fernando, a farmer, obliges himself to give his only cow to Rex on February 14, 2014
C. Andrew, a veterinarian, obliges himself to give one of his dogs to Fernando on January 30,
2014
D. Rex, a registrar of deeds, obliges himself to effect registration of Raymond’s parcel of land on
February 28, 2014
93. This is a valid obligation
A. A will give B P100, 000 if B will kill C
B. A will give B P1, 000,000 if B will agree to be the mistress of A
C. A will give B P10, 000 if B can make C rise from the dead
D. A will give B P1, 000 if B will not pose nude in a painting session.
94. A, B, C, and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P200,000.00
A. V may collect from B P200,000.00
B. V may collect from B P40,000.00
C. V may collect from B P50,000.00
D. V may collect from B P10,000.00
95. The loss or deterioration of the thing intended as a substitute through the negligence of the
obligor does not render him liable.
A person alternatively bound by different prestations shall completely perform one of them.
A. True, true C. False, true
24 B. True, false D. False, false
96. A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P39,897.00
A. V may collect from D P39,897.00 C. V may collect from D P15,357.00
B. V may collect from D P14,123.00 D. V may collect from D P10,001.00
97. A, 19, B, 18, and C, 17, are solidary debtors of X in the amount of P90,000.00
A. X may collect from A P90,000.00
B. X may collect from B P60,000.00
C. X may collect from C P90,000.00
D. X may not collect because the obligation is voidable, C being a minor.
98. A, B and C owed mancomunada solidaria P15,000 to D as evidenced by a promissory note due on
September 30, 2003. The note prescribed on October 1, 2013. On October 10, 2013 A paid D. In
this case, A is:
A. entitled to collect P5,000 each from B and C
B. not entitled to reimbursement from his co-debtors for the shares of the latter
C. not entitled to recover from D
D. answer not given
99. D1, D2 and D3 obliged themselves to solidarily give C a specific car valued at P12, 000. On due
date, C demanded delivery but the debtors failed to deliver. The next day, while D1 is still in
possession of the car, it got lost due to fortuitous event. The right of C is:
A. None, the obligation is totally extinguished.
B. Proceed against any of the debtors for the value and damages
C. Proceed against D1 only, because he was in possession of the car at the time it was lost
D. Proceed against D3 only.
100. A, B and C are joint debtors of joint creditors, W, X, Y and Z in the amount of P300,000. How
much can W and X collect from B?
A. P75,000 C. P150,000
B. P100,000 D. P50,000
101. In which of the following instances does legal subrogation does not apply?
A. When a creditor pays another creditor who is preferred even without the debtor’s
knowledge.
B. When the third person, not interested in the obligation, pays with the express or tacit
approval of the debtor.
C. When a third person pays the creditor without the knowledge or against the will of the
debtor and yet entitled to beneficial reimbursement.
D. When, even without the knowledge of the debtor, a person interested in the fulfillment of
the obligation pays, without prejudice to the effects of confusion as to the latter’s share.
102. D owes C Php1M. G is the guarantor. A stranger, S paid the debt of D without the knowledge of
the latter. In this case:
A. If D fails to pay S, the latter can compel G to pay him.
B. If G pays S, the former can demand reimbursement from D.
C. S cannot compel G to pay him.
D. D has no obligation to reimburse S because he paid without the consent of D. 25
103. A owes B Php 1M. A proposed to B that C will pay A’s debt and that he will be released from all
liabilities to him. B and C agreed to the proposal. Later, when B tried to collect from C, he found
out that he was insolvent.
A. A is no longer liable to B because of the substitution of C in his place if he had no knowledge
of the insolvency despite it being of public knowledge.
B. A is no longer liable to B even if he had knowledge of C’s insolvency provided it is not of
public knowledge.
C. A is still liable to B because even if he was the one who proposed to B that c shall substitute
him as debtor.
D. A is no longer liable to B despite the insolvency of C unless said insolvency was of public
knowledge or known to him when he delegated the debt
104. A owes B P10,000. C pays B P5,000. Now B and C are the creditors of A to the amount of P5,000
each. Suppose A has only P5,000. Which is correct?
A. B and C should divide the Php 5,000 equally
B. C should be preferred
C. A may choose to pay
D. B should be preferred.
105. X is obliged to give Y a specific car on July 15, 2000. X did not deliver the car on July 15, 2000. On
July 20, 2000, an earthquake destroyed the building where the car was parked and the car was
destroyed. Is X still liable?
A. No, considering that no demand to deliver was made by Y and the specific thing was lost due
to fortuitous event, hence the obligation is extinguished.
B. No, the obligation is extinguished, even if the debtor is already in default, because the
debtor can plead impossibility of performance.
C. Yes, X is already in legal delay, thus the obligation to deliver the lost specified thing is
converted to monetary claim for damages.
D. Yes, the creditor can instead demand for a substitute of equivalent value from the debtor.
106. C is the creditor of D in the amount of P50,000. G is the guarantor of D. D paid C partially with
P20,000. A, not knowing the partial payment of D and against the will of D, paid C the amount of
P50,000. What is the effect of this payment in the obligation?
A. The obligation is extinguished. A cannot recover any amount from D, but a can demand
reimbursement from G in the amount of P50,000.
B. The obligation is extinguished. A can demand P30,000 from D because this amount benefited
D, or, A having been subrogated into the rights of C, can proceed against G.
C. The obligation is not extinguished. A’s payment being against the will of D does not
extinguish the obligation.
D. The obligation is extinguished. A can demand P30,000 from D, but if D cannot pay, A cannot
ordinarily proceed against the guarantor G because A is not entitled to subrogation.
26
107. A obliged himself to pay X P300,000 in 30 days plus a penalty of P120,000 if he fails to pay the
obligation in due time. A failed to pay the obligation in P30 days. X can demand from A:
A. the principal of P300,000 plus P120,000 penalty.
B. the principal of P300,000 plus P120,000 penalty, plus legal interest.
C. the principal of P300,000 plus legal interest.
D. the principal of P300,000 plus P120,000 penalty, plus legal interest, plus damages.
108. A owes X P50,000 payable on or before June 30, 2000. S who is not a party to the contract and
without the consent and against the will of A paid X the P50,000 on April 1, 2000 when the
prevailing rate of interest was 12% per annum.
A. S can ask reimbursement from A in the amount of 50,000 plus 12% interest from April 1 to
June 30,2000.
B. S can ask reimbursement from A in the amount of P50,000.
C. S cannot ask reimbursement from A because the payment by S is without consent and
against the will of A.
D. S can ask refund from X because the payment by S was against the will of A.
109. 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
110. A is obliged to give B, at A’s option either object No. 1, Object No. 2, or Object No. 3. If all objects
were lost thru A’s fault, which is correct?
A. The value of the first thing lost plus damages must be given to B
B. The value of the last thing lost plus damages must be given to B
C. The value of any of the things lost plus damages must be given to B
D. The obligation is extinguished
27
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BL.

1. SPECIFIC REAL OBLIGATION

2. NEGATIVE PERSONAL OBLIGATION

1) IF THE THING IS LOST-

3. CONDONATION OR REMISSION OF DEBT

GIVE THE EFFECT OF THE WAIVER OF THE ACCESSORY OBLIGATION.

GIVE THE EFFECT OF CONFUSION IN A JOINT OBLIGATION

GIVE THE EFFECT OF CONFUSION IN A SOLIDARY OBLIGATION

ENUMERATE THE CASES WHEN COMPENSATION IS PROHIBITED.

WHAT ARE THE KINDS OF NOVATION?

WHAT ARE THE KINDS OF PERSONAL NOVATION?

GIVE THE EFFECTS OF EXPROMISION

2. A juridical necessity to give, to do or not to do

3. It is the voluntary administration of the property of another without his consent.

4. It is a wrong committed without any pre-existing relations between the parties

5. The following are the requisites of an obligation, except:

8. The sources of liability for damages are the following, except:

9. They give a right of action to compel their performance

10. This is based on equity and justice

14. Damages awarded for mental and physical anguish

15. Damages awarded to vindicate a right

16. When the exact amount of damages cannot be ascertained

17. Damages predetermined beforehand

35. Acceptance of a commercial document is equivalent to payment.

52. Compensation cannot take place, except

71. Debtor’s default in real obligation

74. Novation which changes the parties to the obligation

86. In alternative obligation, the right of choice belongs to:

87. In facultative obligation, the right of choice belongs to:

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