QUIZ ON OBLIGATIONS

1. B, C and D are solidary creditors of E in the amount of P30,000. D demanded payment from E. After
the demand for payment by D, E in order to extinguish the entire obligation may pay to:
A. B only
B. C only
C. D only
D. To either B or C

2. No person shall be held responsible by reason of fortuitous event except:

A. When time is of the essence of the contract.
B. When the obligation is purely personal in nature.
C. When demand would be useless.
D. When the nature of the obligation requires the assumption of risk.

3. Dela Torre obliged himself to deliver a determinate dog to Jenny Rose on September 5. When the
date of the delivery of the dog arrived, the dog has already had 5 puppies. Dela Torre is obliged to
deliver the:
A. Dog only.
B. The dog as well as the puppies.
C. Dela Torre can ask Jenny Rose to pay for the puppies.
D. Dela Torre can refuse to deliver both the dog and the puppies.

4. B bound himself to deliver a determinate cow to C on January 15, 2018. On January 17, 2018 the
cow was struck and killed by lightning.
A. C may claim damages from B.
B. B’s obligation is extinguished.
C. B is liable for the loss of the cow because he was in delay.
D. B has the obligation to replace the cow.

5. When the obligor voluntarily prevents the happening of the condition it is deemed that the
condition is:
A. Constructively extinguished.
B. Constructively demandable.
C. Constructively nullified.
D. Constructively fulfilled.

6. B, C and D executed a promissory note binding themselves to pay P27,000 to W, X and Y. The note
is now due and demandable. Can the creditors proceed against B alone for the payment of the entire
debt?
A. Yes, since the promissory note is silent with respect to the rights of the creditors, the obligation is
presumed to be solidary.
B. No, each creditor can only collect P3,000 from B.
C. Yes, either W, X or Y can collect P27,000 from B.
D. No, each creditor can collect only P9,000 from B.

7. If a third person pays an obligation, what are the rights which are available to him if he pays the
obligation with the knowledge and consent of the debtor?
First Answer: He is subrogated to all the rights of the debtor.
Second Answer: He can recover from the debtor the entire amount which he has paid.
A. Both are wrong
B. Both are correct
C. First answer is wrong
D. Second answer is wrong

8. B owes C P40,000 which became due and payable last October 23, 2017. On that date B offered C
P20,000, the only money he had at that moment but C refused to accept the payment. B therefore
met D, C’s 22 year old son, to whom he gave the P20,000 with the request that he turn the money to
C. The money was stolen while in D’s possession. How much may C still recover from B?
A. P40,000
B. P20,000
C. P30,000
D. None

9. Payment by cession as distinguished from dation en payment:

A. The debtor is not necessarily in state of financial difficulty.
B. The property is alienated by the debtor to the creditor in satisfaction of a debt in money.
C. The effect is to release the debtor for the net proceeds of the things cede or assigned.
D. What is delivered by the debtor is merely a thing to be considered as the equivalent of the
performance of the obligation.

10. T sold his motorcycle with Plate No. ZXC 234 to V and V paid P300,000 to T. They agreed that the
said motorcycle will be delivered by T to V on December 10, 2017. Which of the following statements
is true based on the facts given?
A. T may deliver the motorcycle to V on December 8, 2017 and compel V to accept it.
B. V may demand for the delivery of the motorcycle on December 9, 2017.
C. V is considered the owner of the motorcycle on December 10, 2017.
D. T will be in delay if he will not deliver the motorcycle on maturity date.

11. Jollibee sold to McDonald his car and promise to deliver it to McDonald on January 30, 2018. On
January 15, 2018, Jollibee sold the same car to Wendy and she immediately possessed the car. As of
February 6, 2018, McDonalds has not received the car from Jollibee.
A. McDonald can cancel the contract of sale between Jollibee and Wendy because the contract of sale
between him and Jollibee was perfected first.
B. Jollibee cannot be considered in delay because there was no demand yet from McDonald.
C. The sale is rescissible because of the damage caused to McDonald.
D. Jollibee is already in delay, even there was no demand from McDonald and he shall be liable for
damages.

12. E owes F P2M. Y, without the knowledge or against the will of E paid F P4M. Can Y get
reimbursement from E?
A. P4M by way of reimbursement from E to prevent unjust enrichment on the part of E at the expense
of Y.
B. P2M plus interest from the time of payment until reimbursement.
C. No reimbursement because the payment was not proper being without the knowledge or against
the will of E.
D. P2M only for that is the extent of benefit of E.

13. This is the kind of diligence that the obligor must observe in the performance of his obligation to
give something:
A. Diligence of a good father of the family even if the law or the stipulation requires another standard
of care.
B. Diligence of a father of a good family.
C. Extraordinary diligence of a good father of a family.
D. Diligence of a good father of a family.

14. Culpa acquiliana as distinguished from culpa contractual:

A. The source of liability is the defendant’s negligent act or omission itself.
B. The negligence of the defendant is merely an incident in the performance of the obligation.
C. Proof of the contract and of its breach is sufficient prima facie to warrant recovery.
D. Proof of due diligence in the selection and supervision of employees is not a defense.

15. Demand is not needed to put the debtor in default, except:

A. When the fixing of the time is the controlling motive for the establishment of the contract.
B. When time is of the essence.
C. When the parties so stipulate.
D. When demand would be useless.

16. there being no express stipulation and if the undertaking is to deliver a determinate thing the
payment shall be made:
A. Whenever the thing might be at the moment the obligation is fulfilled.
B. Whatever the thing might be at the time the obligation was constituted.
C. At the domicile of the debtor.
D. At the domicile of the creditor.

17. Statement 1: The loss or deterioration of the thing intended as a substitute through the
negligence of the obligor does not render him liable.
Statement 2: A person alternatively bound by different prestations shall completely perform one of
them.
A. True, true
B. False, true
C. True, false
D. False, false

18. A source of obligation not arising from law:

A. Solutio indebiti
B. Negotiorum gestio
C. Culpa aquiliana
D. Contract

19. Indivisibility as distinguished from solidarity:

A. Refers to the prestation which constitutes the object of the obligation.
B. Refers to the legal tie or vinculum.
C. When the obligation is converted into one of indemnity for damages because of breach, the
character of the obligation remains.
D. Plurality of subject is invisible.

20. B owes C P2M guaranteed by D. C assigns his credit to Y. Y assigns his credit to Z. Z assigns his
credit to D, the guarantor. Does B still to pay D?
A. Yes, because the guarantee has been extinguished by confusion or merger of rights.
B. No, because it is the obligation of the guarantor to pay the creditor for the benefit of the debtor.
C. Yes, because the guarantor has now become the creditor.
D. No, because the guarantor is liable to the creditor C and not to debtor B.

21. B owes C P2M guaranteed by Z. C owes B P1M. B failed to pay C and the latter is now collecting
from Z. Decide:
A. Z can set up compensation as regards to what C owes B.
B. Z cannot claim compensation against C because the latter owes him nothing.
C. Z shall be liable to C for P1M only if the latter agrees to the compensation.
D. Z is liable to C for P2M because as the guarantor he is liable for the debt of the debtor in case of
nonpayment thereof.

22. Which of the following is not a requisite for a legal compensation?

A. By the debtor in an obligation arising from penal offense.
B. By the person obliged to give support due by gratuitous title.
C. Both are liquidated and demandable.
D. Both debts are due.

23. In the following cases, compensation cannot be claimed by the debtor except:
A. By the debtor in an obligation arising from penal offense.
B. By the bailee in commodatum.
C. By the person obliged to give support due by gratuitous title.
D. By the depositor in a contract of deposit.

24. A brought her diamond ring to a jewelry shop for cleaning and the latter undertook to return the
ring by February 1, 2018. When the said date arrived, the jewelry shop informed A that the job was
not yet done and they asked A to return five days after. On February 6, 2018, A went to the jewelry
shop to claim the ring but she was informed that the ring was stolen by a thief a night before. Decide:
A. The jewelry shop is not liable because there was no delay on its part.
B. The jewelry shop is liable for the loss despite the force majeure because of delay.
C. The jewelry shop is liable if it was so stipulated by the parties.
D. The jewelry shop is not liable for the loss becaue it took place due to the force majeure.

25. B obliged himself to deliver the boxes of expensive liquors of C from Pangasinan to Manila. While
his truck was travelling on the North expressway, it was hijacked by a band of robbers who also took
the boxes of expensive liquors belonging to C. Is B liable for the loss of the goods?
A. No, because the loss was due to a fortuitous event.
B. Yes, because there was no stipulation exempting him from loss in case of fortuitous event.
C. Yes, because he was in possession of the same at the time of the loss and therefore presumed at
fault.
D. No, because they were generic things and they cannot be lost.

26. L, M and N are solidary debtors of Y for the amount of P600,000 payable as follows:
L - P300,000 payable upon completion of his construction project.
M - P200,000 payable on March 10, 2018
N - P100,000 payable when he passed the CPA examination.
If N will pass the CPA examination, what shall be the right of Y?
A. Demand P100,000 from N only.
B. Demand P100,000 from L, M and N.
C. Demand P600,000 from L, M and N.
D. Demand P600,000 from N only.

27. B, C and D bound themselves to deliver Y a specific car worth P6M. Due to the fault of B, the car
was lost. In this case:
A. Only B is liable for damages although C and D are liable for their respective shares in the obligation.
B. Since it is a solidary liabilities for damages, Y can claim the same from any of the three.
C. Y can only claim from B the whole amount of damages other than the value of the car.
D. Y can claim damages from any one of the three for his proportionate share of liability because the
obligation is indivisible.

28. A, B and C borrowed P6M from D, E and F evidenced by a promissory note worded as follows to
wit: “I promise to pay D, E and F P6M. (Sgd) A, B and C.” How much can D collect from A?
A. P6M
B. P1M
C. P3M
D. P2M

29. which of the following statements is true and correct?

A. Where the obligation is secured by a pledge or mortgage and it is not paid when due, the pledgee
or mortgagee may appropriate the thing given by the way of pledge or mortgage..
B. In both pledge or mortgage, the creditor is entitled to deficiency judgement.
C. Unless otherwise agreed upon by the parties, the sale of the mortgaged property extinguishes in
full the mortgage constituted thereon.
D. Pledge and mortgage are accessory contracts because they cannot exist by themselves.

30. the obligation of Peter in favor of John amounts to P60,000 payable on May 5, 2018. On April 15,
2018, Michael and Peter agreed that Michael will pay the obligation of Peter. John gave his consent to
the said agreement. The change of the debtor in this case is called:
A. Expromission
B. Subrogation
C. Delegacion
D. Substitution

31. Which of the following is not a requisite of dacion en pago?

A. Acceptance of the creditor is not necessary.
B. The creditor becomes the owner of the property used for payment.
C. One debtor and one creditor.
D. Debtor is not necessarily insolvent.

32. In which of the following is consignation alone without prior tender of payment not valid to
extinguish the obligation?
A. When he is incapacitated to receive the payment at the time it is due.
B. When the title of the obligation has been lost.
C. When two or more persons claim the same right to collect.
D. When with just cause, the creditor refuses to issue a receipt.

33. A owes P1M with 12% interest. As agreed upon among the parties, the principal amount shall be
paid to B but the interest shall be given to C who accepted the stipulation in his favor. Later, A and B
agreed that instead of cash it shall be a parcel of land worth P1M.
A. Since the parcel of land could not possibly earn interest, the obligation to pay interest is
extinguished.
B. With or without the consent of C, the obligation to give the interest to him is also extinguished
because of novation of the principal obligation.
C. In the absence of the consent of C, he is till entitled to the interest.
D. The novation of the obligation shall also extinguish the accessory obligation to pay the interest to
C.

34. B owes A P1M due on January 21, 2018. A owes A P.4M due on January 20, 2018 and P3M due on
March 2, 2018. A assigned the credit to D on February 2, 2018 without the knowledge of B who
obtained knowledge of the assignment on February 4, 2018.
A. Legal compensation cannot take place.
B. B can claim compensation of all debts of A to him.
C. B can claim compensation up to P.4M only.
D. B cannot claim compensation against D because of his knowledge of the assignment.

35. D obtained a loan from E payable on or before December 31, 2017. Which of the following
statements is correct?
A. D can pay before December 31, 2017.
B. E can demand payment from D even before December 31, 2017.
C. E can demand payment from D on or before December 31, 2017.
D. None of the above.

36. which of the following is not a requisite of payment by cession?

A. The creditors are authorized to sell the properties of the debtor.
B. The creditors become owners of the properties assigned to them.
C. The debtor is insolvent.
D. One debtor and one or more creditors.

37. A owes B a sum of money and secured by a pledge on his car. Later, the car is found in the
possession of A.
A. It is presumed the pledge is condoned.
B. It is presumed the debt is extinguished.
C. It is presumed both the debt and pledge has been remitted.
D. It is presumed the debt of A has been condoned.
38. D owes C P1M due on February 4, 2018. C owes D a Lancer GSR worth P1M due on February 5,
2018.
A. Legal compensation cannot take place.
B. The parties can agree on compensation only on February 5, 2018 when both debts are due.
C. On February 5, 2018, D can claim compensation because both debts are now due.
D. On February 4, 2018, D cannot claim compensation because one debt is not yet due.

39. A owes B P1M. B owes A P.5M. B assigned the credit to C with the consent of A who reserved his
rights to compensation.
A. A can claim compensation against C even without the reservation.
B. A cannot claim compensation against C without his consent.
C. A cannot claim compensation against C because he consented to the assignment.
D. A can claim compensation against C as to what B owes him.

40. D obtained a loan from C on the amount of P10,000. D promised to pay the said loan to C as soon
as possible. Two years elapsed but the loan is still unpaid. The remedy available to C is:
A. To ask the court to fix the period.
B. To attach a property of D.
C. To demand payment for damages.
D. To file an action against D for collection of debt.

41. The sources of liability for damages are the following except:
A. Fraud
B. Negligence
C. Delay
D. Quasi-delict

42. in alternative obligation, the right of choice belongs to:

A. The debtor
B. The creditor
C. Third person
D. Both the debtor and the creditor

43. D obtained a loan from C in the amount of P20,000 payable on December 31, 2018 plus 10%
interest. D won the lotto and on March 30, 2018 he offered to pay his loan to C plus P1,000 as interest
but C refused to accept his payment. Which of the following statements is correct?
A. D cannot compel C to accept his payment because the loan is not yet due.
B. C must accept the payment because it is complete.
C. C can be compelled to accept the payment if the interest will be increased.
D. D can file consignation in court because C refused to accept the payment without justifiable cause.

44. D has an obligation to deliver his only horse to C on November 16, 2017. On November 10, 2017,
the said horse gave birth. On November 16, 2017, D failed to deliver the said horse. Who shall be the
owner of the horse on November 16, 2017?
A. D because the delivery of the horse is dependent upon his will.
B. C because he has the right to demand its delivery.
C. D because the horse was still in his possession.
D. C because that was the agreed date of delivery.

45. A issued a promissory note to B amounting to P10,000. A purchased a computer from B and he
indorsed the promissory note to C. C indorsed the promissory note to D in payment of his loan. D
indorsed the said promissory note to A as payment for the repair of his truck. The obligation of A in
this case is extinguished by:
A. Compensation or merger of rights
B. Novation
C. Condonation or remission of debts
D. Confusion or merger of rights
46. when the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be:
A. Unenforceable
B. Voidable
C. Void
D. Valid

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

A. Debtor
B. Creditor
C. Third person
D. Both the debtor and the creditor

48. D has the obligation to give his only 1 year-old quick brown fox to C on April 30, 2018. On April 2,
2018, the fox of D was struck by lightning and died. Therefore:
A. The obligation of D to C is extinguished.
B. C can only demand for damages from D.
C. C can demand for the fox plus damages.
D. D must still give a 1 year-old quick brown fox to C.

49. When the obligor binds himself to pay when his means permits him to do so, the obligation is:
A. Facultative
B. Conditional
C. With a period
D. Pure

50. C bought the only car of D on February 5, 2018 and D agreed to deliver it to C on April 30, 2018.
They did not agree on the place of delivery. Where is the place of delivery?
A. Domicile of the debtor
B. Where the car is on April 30, 2018
C. Domicile of the creditor
D. Where the car is on February 5, 2018