FATHER SATURNINO URIOS UNIVERSITY
OBLIGATIONS AND CONTRACTS
ACADEMIC YEAR 2019-2020, 2ND SEMESTER
REVIEWER
1. It is an obligation which is subject to a space of time
which, exerting an influence on obligations as a
consequence of a juridical act, suspends their
demandability or determines their extinguishment.
a. Conditional obligation
b. Obligation with a period
c. Pure obligation
d. Demandable obligation
2. The following statements concerning obligation with
a period is correct, except
a. Obligations for whose fulfillment a day certain
has been fixed shall be demandable when that
day comes.
b. Obligation with a resolutory period takes effect
at once, but terminates upon arrival of the day
certain.
c. A day certain is understood to be that which
must necessarily come, although it may not be
known when.
d. If the uncertainty consists in whether the day
will come or not, the obligation is with a
period.
3. The following are the distinction between a condition
and a period, except
a. A condition is an uncertain event while a period
is an event that must necessarily come.
b. While a condition gives rise to an obligation or
extinguishes one already existing, a period has
no effect upon the existing of obligation, but
onlyits demandability or performance and thus, a
period does not carry with it any retroactive
effect.
c. A condition may refer to a past event and
unknown to parties while a period always refers
to the future.
d. A condition which depends exclusively on the
will of the debtors does not annul the
obligation but a period left to the debtor’s will
merely empowers the court to fix such period.
a. Neither creditor or debtor
4. If there is stipulation as to whose benefit the period is
established, which of the following statements is
incorrect?
a. The creditor cannot demand payment before
the period stipulated.
b. The debtor cannot make an effective tender
and consignation of payment before the
period stipulated.
c. The term is for the benefit of both debtor
and creditor.
d. The term is for the benefit of the debtor.
5. Suspensive period and resolutory period are also
known as
a. Both ex die
b. Both in diem
c. Ex die and diem, respecively
d. In diem and ex die, respectively
6. Who has the right of choice in case of alterative
obligations?
a. Creditor, unless it has been expressly
granted to the debtor
b. Debtor, unless it has been expressly
granted to the creditor
c. Always with the debtor
d. Always with the creditor
7. In alternative obligations, when shall the choice of
prestation produce effect?
a. From the moment it is exercised by the
debtor.
b. From the moment it is communicated to
the creditor.
c. From the moment the creditor consented to
the choice.
d. From the constitution of the obligation.
a. by the creditor.
8. What is the effect of the loss or deterioration of the
thing intended as a substitute in a facultative
obligation before the substitution?
a. The debtor becomes liable for damages
b. The creditor may rescind the obligation with
damages
c. The debtor shall indemnify the creditor
d. The debtor shall not be liable
9. What is the effect of the loss of the principal object in
a facultative obligation after the substitution?
a. The debtor is liable is the loss is due to
fortuitous event
b. The debtor is liable for damages if the loss is
due to his fault
c. The obligation is extinguished because of
the loss of the object
d. The obligation remains to exist
10. Which of the following statements is correct?
I. Joint obligation is one in which each debtor
is liable for the entire obligation and each
creditor is entitled to demand the whole
obligation.
II. Solidary obligation is one in which each of
the debtors is liable only for a proportionate
part of the debts and each creditor is entitled
only to a proportionate share of the credit.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
11. The concurrence of two or more creditors or of two
or more debtors in one and the same obligations
implies that the obligation is
a. Joint
b. Solidary
c. Either joint or solidary if silent
12. The following are the principal consequences of the
joint character of the obligation, except
a. The demand by one creditor upon one
debtor produces the effect of default only
with respect to the creditor who demanded
and the debtor on whom the demand was
made, but not with respect to the others.
b. The interruption of prescription by the
judicial demand of one creditor upon a
debtor, does not benefit the other creditors
nor interrupt the prescription as to other
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REVIEWER
debtors.
c. The vices of each obligation arising from the
personal effect of a particular debtor or
creditor do not affect the obligation or rights
of the others.
d. The insolvency of a debtor increases the
responsibility of his co-debtors, nor does
it authorize a creditor to demand
anything from his co-creditors
a. .
13. It is a solidarity that exists among the creditors.
a. Mixed solidarity
b. Active solidarity
c. Passive solidarity
d. Simple solidarity
14. The following statements pertaining to solidarity
obligation are correct, except
a. Each one of the solidarity creditors may do
whatever may be useful to the others, but
not anything which may be prejudicial to the
latter.
b. A solidary creditor can assign his rights
without the consent of the others.
c. The debtor may pay any one of the solidary
creditors
d. If any demand, judicial or extrajudicial, has
been made by any one of the solidary
creditors, payment should be made to him.
15. The following acts made by an of the solidary
creditors or with any of the solidary debtors shall
extinguish the obligation, except
a. Novation
b. Compensation
c. Extension of time for payment
d. Confusion
e. Remission
16. The following statements pertaining to divisible and
indivisible obligations are correct, except
a. Divisibility or indivisibility of the
obligation refers to the object or thing
and not to the performance of the
obligation
b. A divisible obligation is one which is
susceptible of partial performance; that is,
the debtor can legally perform the obligation
by parts and the creditor cannot demand a
single performance of the entire obligation
c. An indivisible obligation, whatever may be
the nature of the thing which is the object
thereof, refers to one which can be validly
performed in parts.
d. The thing or object may be divisible, yet the
obligation may be indivisible
17. The following statements pertaining to joint
indivisible obligation are correct, except
a. To enforce a joint indivisible obligation,
there is necessity of collective fulfillment
and the action must be against all the
debtors.
b. In case of non-performance by any of the
debtors, the obligation is converted into a
liability for losses and damages, which is
divisible.
c. The debtors who may have been ready to
fulfill their promises shall not contribute to
the indemnity beyond the corresponding
portion of the price of the thing or of the
value of the service in which the obligation
consists.
d. A joint indivisible obligation can be
compelled by specific performance if
anyone of the debtors does not or cannot
comply with this undertaking.
18. What is the remedy of the creditor in case one of the
debtors not comply with his undertaking in a joint
indivisible obligation?
a. Action for specific performance
b. Ask third person to fulfill the obligation at
the expense of all the debtors
c. Ask for indemnity for losses and damages
d. Ask the other co-debtors to fulfill the entire
obligation
19. The following are the rules concerning the divisibility
or indivisibility of an obligation, except
a. Obligation to give definite things and
those which are not susceptible of partial
performance shall be deemed divisible.
b. When the obligation has for its object and
execution of a certain number of days of
work, the accomplishment of work by
metrical units, or analogous things which by
their nature are susceptible of partial
performance, it shall be divisible
c. Even though the object or service may be
physically divisible, an obligation is
indivisible if so provided by law or intended
by the parties.
d. In obligations to do, divisibility or
indivisibility shall be determined by the
character if the prestation in each particular
case.
20. It is an obligation which has an accessory
undertaking to assume greater liability in case of
breach.
a. Obligation with a condition
b. Obligation with a penal clause
c. Obligation with a period
d. Obligation with a substitute
21. The following statements concerning obligations with
a penal clause are correct, except
a. In obligations with a penal clause, the
penalty shall substitute the indemnity for
damages and the payment of interests in
case of noncompliance
b. In case of breach of obligations with a penal
clause, damages and interests may be
demanded in addition to the penalty if there
is stipulation to that effect.
c. The penalty stipulated must not be contrary
to law, morals, or public order to be
enforceable.
d. Obligations with a penal clause must be
construed liberally
22. The following are the rules to be observed in
applying obligations with a penal clause, except
a. Proof of actual damages suffered by the
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REVIEWER
creditor is necessary in order that the
penalty may be demanded.
b. The judge shall equitably reduce the penalty
when the principal obligation has been
partly or irregularly complied with by the
debtor and even if there has been no
performance, the penalty may also be
reduced by the courts if it is iniquitous or
unconscionable.
c. The nullity of the penal clause does not
carries with it that of the principal obligation
d. The nullity of the principal obligation carries
with it that of the penal clause
23. It is mode of extinguishing obligation which refers to
the fulfillment of the prestation due.
a. Novation
b. Payment
c. Compensation
d. Merger
24. The following are the requisites of a valid payment
except
a. The payment must be in accordance with the
obligation
b. The person paying as well as the one
receiving payment should have the requisite
capacity
c. It should be made by the creditor to the
debtor
d. It should be made at the right time and
place.
25. The following statement concerning payment are
correct, except
a. Payment means only delivering of money
but not performance, in any other manner,
of an obligation
b. A debt shall not be understood to have been
paid unless the thing or service in which the
obligation consists has been completely
delivered or rendered, as the case may be.
c. If the obligation has been substantially
performed in good faith, the obligor may
recover as though there had been a strict
and complete fulfillment, less damages
suffered by the oblige.
d. When the oblige accepts the performance,
knowing its incompleteness or irregularity,
and without expressing any protest or
objection, the obligation is deemed fully
complied with.
26. What is the right of a third person who pays for the
debtor without the knowledge or against the will of
the debtor?
a. The third person may demand the whole
amount paid from the debtor
b. The third person cannot recover any amount
c. The third person may compel the creditor to
subrogate him in his rights, such as those
arising from a mortgage, guaranty or penalty
d. The third person may recover only
insofar as the payment has been beneficial
to the debtor
27. The following are the persons to whom payment shall
be made, except
a. Person in whose favor the obligation has
been constituted
b. Any third person
c. Successor of interest of creditor
d. Any person authorized by the creditor to
receive payment
28. Payment made to a third person shall also be valid
insofar as it has redounded to the benefit of the
creditor. Such benefit to the creditor need not be
proved in the following cases, except
a. If after the payment, the third person
acquires the creditor’s rights
b. If the third person is not authorized by
the creditor.
c. If the creditor ratifies the payment to the
third person
d. If by the creditor’s conduct, the debtor has
led to believe that the third person has
authority to receive payment.
29. The following are the instances wherein payment
made to a third person is valid, except
a. When in good faith, the debtor pays to one
in possession of the credit
b. When, without notice of the assignment of
the credit, the debtor pays to the original
creditor.
c. When the debtor was judicially ordered
to retain the debt
d. When the payment to a third person
redounded to the benefit of the creditor.
30. The following statement concerning payment are
correct, except
a. Payment made to the creditor by the debtor
after the latter has been judicially ordered to
retain the debt shall not be valid
b. The debtor of a thing cannot compel the
creditor to receive a different one, although
the latter may be of the same value as, or
more valuable than that which is due.
c. In obligations to do or not to do, an act or
forbearance cannot be substituted by another
act or forbearance against the obligee’s will.
d. When the obligation consists in delivery
of an indeterminate or generic thing,
whose quality and circumstances have not
been stated, the creditor can demand a
thing of superior quality but the debtor
can deliver a thing of superior quality.
31. It refers to a special form of payment whereby a
property is alienated to the creditor in satisfaction of
a debt in money.
a. Application payment
b. Payment by cession
c. Dation in payment
d. Tender of payment and consignation
32. Dation in payment as a mode of extinguishing
obligation shall be governed by the provision of
a. Law of Barter
b. Law of Obligation
c. Law of Sales
d. Law of Credit Transactions
33. Who shall shoulder the extra-judicial expenses
requirement by the payment?
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a. Debtor
b. Creditor
c. Government
d. None of the above
34. The following statement concerning partial payment
are correct, except
a. The creditor cannot be compelled partially
to receive the prestations in which the
obligation consists except when there is
stipulation to the contrary
b. The debtor may be required by the
creditor to make partial payments
c. When the debt is in part liquidated and in
part unliquidated, the creditor may demand
the payment of the former without waiting
for the liquidation of the latter
d. When the debt is in part liquidated and in
part unliquidated, the debtor may affect the
payment of the former without waiting for
the liquidation of the latter
35. It refers to such currency which in a given
jurisdiction can be used for the payment of debts,
public or private, and which cannot be refused by the
creditor.
a. Legal tender
b. Foreign currency
c. Local currency
d. International currency
36. Where shall payment of an obligation be made?
a. Wherever the thing might be at the moment
the obligation was constituted
b. Place designated in the obligation
c. Domicile of the debtor
d. Domicile of the creditor
37. Where shall payment of an obligation to deliver a
determinate thing be made if there is no express
stipulation as to the place of payment?
a. Wherever the thing might be at the
moment the obligation was constituted
b. Place designated by third party
c. Domicile of the debtor
d. Domicile of the creditor
38. Where shall payment of an obligation to deliver an
indeterminate thing be made if there is no express
stipulation as to the place of payment?
a. Wherever the thing might be at the moment
the obligation was constituted
b. Place designated by third party
c. Domicile of the debtor
d. Domicile of the creditor
39. The following are the special forms of payment,
except
a. Dation in payment
b. Application of payments
c. Payment by cession
d. Tender of payment and consignation
40. It refers to the designation of the debt which is being
paid by a debtor who has several obligations of the
same kind in favor of the creditor to whom payment
is made.
a. Dation in payment
b. Application of payments
c. Payment by cession
d. Tender of payment and consignation
41. Who has the right of application of payments?
a. Debtor
b. Creditor
c. Both debtor and creditor
d. Neither debtor nor creditor
42. Which of the following statements is correct?
I. Unless the parties so stipulate, or when the
application of payment is made by the party
for whose benefit the term has been
constituted, application shall not be made as
to debts which are not yet due.
II. If the debtor accepts from the creditor a
receipt in which an application of the
payment is made, the former cannot
complain of the same, unless there is a cause
for invalidating the contract.
a. Both I and II
b. Neither I nor II
c. I only
d. II only
43. The following are limitations to the preferential right
of the debtor to choose the debt to which his payment
is to be made, except
a. If the debtor owes two debts, one for P50
and another for P200, and he makes a
payment of P50, he cannot choose to apply
it to the P200 debt because the creditor
cannot be compelled to accept partial
payment
b. If there is only one obligation bearing
stipulated interest, the debtor cannot
apply the payment to the interest before
the capital
c. The debtor cannot apply the payment to a
debt that is not yet liquidated
d. He cannot choose a debt with a period for
the benefit of the creditor, when the period
has not yet arrived.
e. When there is an agreement as to the debts
which are to be paid first, the debtor cannot
vary the agreement.
44. The following are the rules for application of
payments, except
a. If the debt produces interest, payment of the
principal shall not be deemed to have been
made until the interests have been covered
b. When the payment cannot be applied in
accordance with the preceding rules, or if
application cannot be inferred from other
circumstances, the debt which is most
onerous to the debtor, among those due,
shall be deemed to have been satisfied
c. If the debts due are of the same nature and
burden, the payment shall be applied to all
of them proportionately
d. If at the time of payment the debtor does
not exercise his right to apply it to any of
his debts, the application made by the
creditor shall be followed even if the
debtor does not consent to such
application
45. It refers to a special type of payment which involves
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REVIEWER
the voluntary abandonment of the universality of the
property of the debtor for the benefit of his creditors,
in order that such property may be applied to the
payment of the credits.
a. Dation in payment
b. Application of payments
c. Payment by cession
d. Tender of payment and consignation
46. The following are the distinction between dation in
payment and payment by cession, except
a. Whereas payment by cession transfers the
ownership over the thing alienated to the
creditor, payment dation in payment,
only the possession and administration
(not ownership) are transferred to the
creditors, with an authorization to
convert the properly into cash with which
the debts shall be paid
b. While dation in payment may totally
extinguish the obligation and release the
debtor, the assignment only extinguishes the
credits to the extent of the amount realized
from the properties assigned, unless
otherwise agreed upon.
c. While dation in payment involves only some
specific thing, payment by cession involves
all the property of the debtor
d. While in dation in payment, the transfer is
only in favor of one creditor to satisfy a
debt, in payment by cession, there are
various creditors.
47. Which of the following statements is incorrect?
I. Tender of payment is the manifestation
made by the debtor to the creditor of his
desire to comply with his obligation with the
offer of immediate performance.
II. Consignation is the deposit of the object of
the obligation in a competent court in
accordance with rules prescribed by law.
a. I only
b. II only
c. Neither I nor II
d. Both I and II
48. What is the remedy of the debtor if the creditor to
whom tender of payment has been made refuses
without just cause to accept it?
a. Consign the thing or sum due
b. Payment by cession
c. Dation in payment
d. Application of payments
49. 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 the
consignation of the thing or sum due. Consignation
without tender of payment shall release the debtor
from responsibility in the following instances, except
a. When the creditor is absent or unknown, or
does not appear at the place of payment
b. When he is capacitated to receive the
payment at the time it is due
c. When, without just cause, he refuses to give
a receipt
d. When two or more persons claim the same
right to collect
e. When the title of the obligation has been lost
50. In order that consignation may be effective the debtor
must comply first with the following requisites,
except
a. Their debt must be due.
b. The consignation was made because of some
legal cause provided by law
c. Previous notice of the consignation has been
given to the persons interested in the
performance of the obligation
d. The amount or thing was not placed at
the disposal of the court
e. After the consignation, the persons
interested were notified thereof.
51. Who shall shoulder the expenses of a valid
consignation?
a. Debtor
b. Creditor
c. Government
d. None of the above
52. Which of the following statements is correct?
I. Once the consignation has been duly made,
the debtor may ask the judge to order the
cancellation of the obligation
II. Before the creditor has accepted the
consignation, or before a judicial declaration
that the consignation has been properly
made, the debtor may withdraw the thing or
the sum deposited, allowing the obligation
to remain in force
a. I only
b. II only
c. Both I and II
d. Neither I nor II
53. The following are effects once the consignation has
been accepted by the creditor or the court has
declared that it has been validly made, except
a. The debtor is released in the same manner as
if he had performed the obligation at the
time of the consignation, because this
produces the same effect as a valid payment
b. The accrual of interest on the obligation is
suspended from the moment of consignation
c. The deterioration of loss of the thing or
amount consigned occurring without fault of
the debtor must be borne by the creditor,
because the risks of the thing are transferred
to the creditor from the moment of deposit
d. Any increment or increase in value of the
thing after the consignation inures to the
benefit of the debtor.
54. The following are the effects if, after the consignation
has been made, the creditor should authorize the
debtor to withdraw the same, except
a. The creditor shall lose every preference
which he may have over the thing
b. The co-debtors shall be released
c. The guarantors and sureties shall be released
d. The obligation shall be extinguished
55. Which of the following statements is correct?
I. An obligation which consists in the delivery
of a determinate thing shall be extinguished
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if it should be lost or destroyed due to
fortuitous event
II. In an obligation to deliver a genering thing,
the loss or destruction of anything of the
same king extinguishes the obligation.
a. I only
b. II only
c. Both I and II
d. Neither I nor II
56. The following statements concerning the loss of the
object of the obligation, except
a. The courts shall determine whether, under
the circumstances, the partial loss of the
object of the obligation is so important as to
extinguish the obligation
b. The debtor in obligation to do shall also
be released when the prestation becomes
legally or physically impossible with the
fault of the obligor
c. When the service has become so difficult as
to be manifestly beyond the contemplation
of the parties, the obligation may also be
released therefrom, in whole or in part
d. When the debt of a thing certain and
determinate proceeds from a criminal
offense, the debtor shall not be exempted
from the payment of its price, whatever may
be the cause for the loss, unless the thing
having been offered by him to the person
who should receive it, the latter refused
without justification to accept it
57. What is the presumption whenever the thing is lost in
the possession of the debtor in the absence of
earthquake, flood, storm or other natural calamity?
a. The loss was due to force majeure.
b. The loss was due to fortuitous event
c. The loss was due to the debtor’s fault
d. The loss was due to the creditor’s fault
58. It is a mode if extinguishing obligation which is an
act of liberality, by virtue of which, without receiving
any equivalent, the creditor renounces the
enforcement of the obligation, which is extinguished
in its entirely or in that part or aspect of the same.
a. Compensation
b. Confusion
c. Remission
d. Novation
59. What is the nature of condonation or remission?
a. It is generally gratuitous and requires the
acceptance by the obligor
b. It is essentially gratuitous and requires
the acceptance by the obligor
c. It is generally onerous and requires the
acceptance by the obligor
d. It is essential onerous and requires the
acceptance by the obligor
60. The following are the requisites of remission or
condonation, except
a. The debt must be existing and demandable
at the time the remission made
b. The renunciation of the debt must be
gratuitous
c. The debtor must accept the remission
d. The remission or condonation must be
expressly made and not impliedly
61. What is the implication of the delivery of a private
document evidencing a credit, made voluntarily by
the creditor to the debtor?
a. It implies that the voluntary return of the
private document is presumed to be by
reason of payment of the debt
b. It implies that the voluntary return of the
private document is presumed to be by
reason of payment of the debt
c. It implies that the voluntary return of the
private document is presumed to be by
reason of novation of the debt
d. It implies that the voluntary return of the
private document is presumed to be by
reason of confusion of the debt
62. The following statement concerning condonation or
remission are correct, except
a. Whenever the private document in which the
debt appears is found in the possession of
the debtor, it shall be presumed that the
creditor delivered it voluntarily, unless the
contrary is proved
b. The renunciation of the principal debt shall
extinguish the accessory obligations
c. The renunciation of the accessory
obligation shall extinguish the principal
debt
d. It is presumed that the accessory obligation
of pledge has been remitted when the thing
is pledged, after its delivery to the creditor,
is found in the possession of the debtor, or
of a third person who owns the thing
63. It refers to the meeting in one person of the qualities
of creditor and debtor with respect to the same
obligation.
a. Compensation
b. Condonation
c. Confusion
d. Novation
64. The following are the requisites of merger or
confusion, except
a. It must be gratuitous and requires
acceptance by the obligor
b. It must take place between the creditor and
the principal debtor
c. The very same obligation must be involved,
for if the debtor acquires rights from the
creditor, but not the particular obligation in
question, there will be no merger
d. The confusion or merger must be total or as
regards the entire obligation
65. The following statement concerning merger or
confusion are correct, except
a. The effect of merger is to extinguish the
obligation
b. Merger which takes place in the person of
the principal debtor or creditor benefits the
guarantor
c. Merger which takes place in the person of
the guarantor extinguishes the principal
obligation
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d. Confusion does not extinguish a joint
obligation except as regards the share
corresponding to the creditor or debtor in
whom the two characters concur
66. It is a mode of extinguishing to the concurrent
amount, the obligations of those persons who in their
own right are reciprocally debtors and creditors of
each other
a. Novation
b. Compensation
c. Merger
d. Remission
67. Which of the following statements pertain to
facultative compensation?
a. It is a compensation which takes place by
operation of law because the requisites are
present
b. It is a compensation which can be claimed
by one of the parties who, however, has
the right to object to it, such as when one
of the obligations has a period for the
period for the benefit of one party alone
and who renounces that period so as
make the obligations due
c. It is a compensation wherein the parties
agree to compensate their mutual obligations
even if some requisite is lacking
d. It is a compensation decreed by the court in
a case where there is a counterclaim
68. Which of the following debts can be the subject of
compensation?
a. Valid debts only
b. Valid, rescissible, voidable and
unenforceable debts only
c. Valid, rescissible and voidable debts only
d. Valid an rescissible debts only
69. The following are the instances wherein the debtor
may still set up compensation, except
a. When the creditor communicated the
assignment if his right to the third persons to
the debtor and the latter did not consent
thereto
b. When the debtor has consented to the
assignment of his rights made by a creditor
in favor of a third person and the assignor
reserved his right to the compensation at the
time he gave his consent
c. When the assignment is made without
knowledge of the debtor
d. When the debtor has consented to the
assignment of rights made by a creditor
without reservation as to his right to
compensation
70. Novation is the extinguishment of an obligation by
the substitution or change of the obligation by a
subsequent one which extinguishes or modifies the
first.
a. Compensation
b. Novation
c. Condonation
d. Merger
71. Novation of obligations may take place by the
following, except
a. Changing their object or principal conditions
b. Substituting the person of the debtor
c. Subrogating a third person in the rights of
the creditor
d. Changing their term or period
72. Which of the following statements concerning the
type of novation is incorrect?
a. Subjective or personal novation is the
modification of the obligation by the change
of the subject; it is passive if there is
substitution of the debtor, and it is active
when a third person is subrogated in the
rights of the creditor
b. Objective or real novation is the change of
the obligation by substituting the object with
another or changing the principal conditions
c. There is total novation when there is only
a modification or change in some
principal conditions of the obligations
d. There is implied novation when there is such
an incompatibility between the old and the
new obligations that they cannot stand
together
73. The following are the requisites of novation, except
a. There must be a previous void obligation
b. There must be agreement of all parties to the
new contract
c. There must be extinguishment of the old
contract
d. The new obligation must be valid
74. Which of the following statements concerning
novation is incorrect?
a. In order that an obligation may be
extinguished by another which substitutes
the same, it is imperative that it be so
declared in unequivocal terms
b. Novation is never presumed
c. There is implied novation if the old and new
obligations are on every point incompatible
with each other
d. Novation must only be expressed and not
implied
75. Novation consists in substituting a new debtor in the
place of the original one, one may be made even
without the knowledge or against the will of the
latter, but not without the consent of the creditor.
Which of the following statements concerning the
two forms of this novation is correct?
I. In Expromission, the initiative for the
change does not emanate from the debtor
and may be made even without his
knowledge, since it consists in a third person
assuming the obligation and it logically
requires the consent of third person and the
creditor
II. In delegaction, the debtor (delegante) offers
and the creditor (delegatorio) accepts a third
person (delegado) who consents to the
substitution, so that the consent of these
three is necessary
a. I only
b. II only
c. Both I and II
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KEZIA THERESSE D. MORDENO, CPA
 FATHER SATURNINO URIOS UNIVERSITY
OBLIGATIONS AND CONTRACTS
ACADEMIC YEAR 2019-2020, 2ND SEMESTER
REVIEWER
d. Neither I nor II d. Subrogation
76. In what type of novation consisting of substitution of
a new debtor will the insolvency of new debtor or
non-fulfillment of the obligation shall not give rise to
any liability on the part of the original debtor?
a. In expromission because the debtor did
not have the initiative in making the
change, which might have been madeeven
without his knowledge
b. In delegaction because the creditor consents
to the substitution
c. In either expromission or delegacion
d. Neither expromission nor delagacion
77. In delegacion, will the insolvency of the new debtor,
who has been proposed by the original debtor and
accepted by the creditor, revive the action of the
latter against the original obligor?
a. No, under any circumstances because the
obligation is already extinguished
b. Yes when said insolvency was already
existing and of public knowledge, or
known to the debtor, when he delegated
his debt
c. Yes even of the creditor has knowledge that
the new debtor was insolvent at the time of
delegation
d. No because the debtor has not given his
consent to the delegation
78. Which of the following statements concerning
novation are correct, except
a. When the principal obligation is
extinguished in consequence of a novation,
accessory obligations may subsist only
insofar as they may benefit third person who
did not give their consent
b. If the new obligation is void, the original
obligation was extinguished, unless the
parties intended that the former should
subsist in any event
c. The novation is void if the originalobligation
was void, except when annulment may be
claimed only by the debtor, or when
ratification validates acts which are voidable
d. If the original obligation was subject to a
suspensive or resolutory condition, the new
obligation shall be under the same condition,
unless it is otherwise stipulated
79. Which of the following statements concerning
subrogation is correct?
a. Subrogation of a third person in the rights of
the creditor is either illegal or conventional
b. Legal subrogation is not presumed, except in
cases expressly mentioned in this Code
c. Conventional subrogation must be clearly
established in order that it may take effect
d. Conventional subrogation of a third
person requires the consent of the original
parties but not of third person
80. It refers to the transfer of all the rights of the creditor
to a third person, who substitute him in all his rights
a. Novation
b. Compensation
c. Confusion
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KEZIA THERESSE D. MORDENO, CPA