THE LAW ON OBLIGATIONS AND CONTRACTS – PRELIM (ANSWER KEY) 1

I. TRUE OR FALSE
1. TRUE
2. TRUE
3. FALSE
4. FALSE
5. TRUE
6. FALSE
7. TRUE
8. FALSE
9. TRUE
10. FALSE
11. TRUE
12. TRUE
13. FALSE
14. TRUE
15. FALSE
16. FALSE
17. TRUE
18. TRUE
19. TRUE
20. FALSE
II. MULTIPLE CHOICE
1. A
2. C
3. D
4. D
5. A
6. B
7. C
8. A
9. D
10. D
11. A
12. B
13. C
14. D
15. C.
 THE LAW ON OBLIGATIONS AND CONTRACTS – PRELIM (ANSWER KEY) 2

III. IDENTIFICATION
1. Facultative Obligation
2. Indivisible Obligation
3. Payment
4. Damages
5. Subrogation
6. Real right
7. Accion Pauliana
8. Mora Accipiendi
9. Inflation
10. Prestation
11. Negotiorum Gestio
12. Reciprocal Obligation
13. Accessories
14. Solutio Indebiti
15. Payment by cession
16. Penal Clause
17. Fortuitous events
18. Casual fraud or dolo causante
19. Negligence or fault or culpa
20. Contractual negligence or culpa contractual

IV. ENUMERATION
a. What are the sources of obligations?
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
b. What are the special forms of payment?
1. Dation in payment
2. Application of payments
3. Payment by cession
4. Tender of payment
5. Consignation
c. What are the kinds of novation according to the subject?
1. Real
2. Personal
3. Mixed
d. What are the kinds of remission as to its date of effectivity?
1. Inter vivos
2. Mortis causa
 THE LAW ON OBLIGATIONS AND CONTRACTS – PRELIM (ANSWER KEY) 3

V. DIFFERENTIATE
a. Difference between Period and Condition.

b. Difference between Culpa Aquiliana and Culpa Contractual.

c. Difference between Dation in Payment and Payment by Cession.

 THE LAW ON OBLIGATIONS AND CONTRACTS – PRELIM (ANSWER KEY) 4

VI. ESSAY-15
1. Yes, if the creditor accept his proposal of substituting the obligation of just painting their house
instead of painting the car. If not, the rule will remain that: In obligation to do or not to do, an
act or forbearance cannot be substituted by another act or forbearance against the obligee's
will.
2. No, because the rule is in obligation to give a generic thing whose quality and circumstances
have not been stipulated, the creditor cannot demand a thing of superior quality. Neither can
the debtor deliver a thing of inferior quality. The purpose of the obligation and other
circumstances shall be taken into consideration.
3. No, because according to Article 1244, the debtor cannot compel the creditor to accept a
different payment even the payment on which the debtor compels the creditor to accept
payment is of the same or higher value than the thing due.