3EAC Questions:

When does the obligation to deliver arise?

Answer 1 - If there is no term or condition, then from the perfection of the contract.
Answer 2 - If there is a term or condition, then from the moment of the term arrives or the condition
happens.
A. True,True
B. True, False
C. False, False
D. False, True
Through insidious words or machinations, A was able to induce B to enter into a contract which without
them B would not have agreed to it. There is:
A. Undue Influence
B. Fraud
C. Mistake
D. Misrepresentation
Which is true among the following statements regarding the effect of loss in a facultative obligation?
A. If the loss of the principal thing due to a fortuitous event is made before substitution, the debtor is
obliged to pay for the damages
B. If the loss of the principal thing due through the debtor's fault is made after substitution, the debtor
imposes no additional obligation.
C. If the loss of the substitute through the debtor's fault is made before substitution, the debtor is obliged to
pay for the damages
D. All of the statements above are false
Which if these is not a valid stipulation?
A. D obliged himself to give C 100,000 if C would ask X out on a date.
B. D obliged himself to give C 100,000 if C would go skydiving.
C. D obliged himself to give C 500,000 if C would transport 2 kilos of shabu to Cebu.
D. D obliged himself to give C 50,000 if C passed his Bar exam.
Which of the following obligations is a pure obligation and is demandable at once?
A. D to allow C to use D's car until December 31,2015.
B. D to allow C to use D's car until C finishes his course in Accounting.
C. D to give C his car. No mention is made when D shall give the car.
D. D to give C a car if C finishes his course in Accounting.
The wrongful act or tort which causes loss or harm to another is called:
A. Damages
B. Damage
C. Injury
D. None of the above
Which of the following is not an obligation with a period?
A. "Payable soonest"
B. An obligation payable little by little
C. Will pay you P10,000 "if i like"
D. Payable "within 2 years from today"
E. All of the above
Wrong committed independent of contract and with criminal intent is:
A. Culpa contractual
B. Culpa aquiliana
C. Quasi-contract
D. none of the above
Questions 9-14 are based on the following data:
On August 1, 2009 D promised to give his agricultural lot to C if C passes the Bar Examination. C took the
examination on September 20, 2009. The result of the examination was released on April 18, 2010 and C
passed it.
The obligation of D to give his agricultural lot to C arose:
a. on August 1, 2009
b. on September 20, 2009
c. on April 18, 2010
d. at any time after April 18, 2010 when D had taken his oath as a new lawyer.
C shall be entitled to the crops (fruits) that had grown on the agricultural lot starting from:
a. August 1, 2009
b. September 20, 2009

c. April 18, 2010

d. the time when C has taken his oath as a new lawyer.
The right of c to demand the delivery of the agricultural lot and the crops from the time the obligation to
deliver the lot arose is known as:
a. real right.
b. personal right.
c. civil right.
d. natural right.
Assume that D actually delivered the agricultural lot and the crops to C on May 1, 2010. On such date,
what right was acquired by C over the agricultural lot and the crops?
a. Real right.
b. Personal right.
c. Civil right.
d. Industrial right.
Assume that D actually delivered the agricultural lot and the crops on May 1, 2010 to X who bought them in
good faith. Which of the following statements is incorrect?
a. C can go after D for damages.
b. X acquired ownership of the agricultural lot and crops.
c. C shall have a right of action for damages against X.
d. No real right is acquired by C.
One of the following obligations is not demandable at once. Which is it?
a. Obligation with a resolutory condition.
b. Obligation with a resolutory period.
c. Obligation with a condition not to do an impossible thing.
d. Obligation with an ex die period.
One of the following statements does not pertain to dacion en pago. Which is it?
a.
b.
c.
d.

Ownership of the thing is transferred to the creditor.

The debtor must be insolvent.
It does not affect all the properties of the debtor.
It does not require plurality of creditors.

Ana, Ben and Cindy are solidarily liable to Dana for P30,000.00. Ana pays Dana the whole amount due.
Cindy, however, is insolvent.
a.
b.
c.
d.

Ana alone will bear the share of Cindy who is insolvent since she (Ana) made the payment.
Ana can collect from Ben P10,000.00.
Ana can collect from Ben P15,000.00
Ana can demand a refund of P10,000.00 from Dana pertaining to Cs share since C is insolvent.

Tina Dela Cruz, Donna Garcia and Audrey Gomez executed the following promissory note
I promise to pay Marilyn Sta. Cruz or order the sum of P30,000.00 on June 30, 2015.
(Sgd.) Tina Dela Cruz
(Sgd.) Donna Garcia
(Sgd.) Audrey Gomez
On June 30, 2015, Marilyn Sta. Cruz can collect from Tina Dela Cruz:
a. P10,000.00
b. P30,000.00
c. P20,000.00
d. Nothing because the note is void since it says I promise but was signed by three persons.
One of the following is a valid obligation. Which is it?
a. D promised to give C P50,000.00 if C will not swim across the Pacific Ocean.
b. D promised to give C P50,000.00 if D goes to Tokyo.
c. D promised to give C P50,000.00 if C can fly to the moon.
d. D promised to give C P50,000.00 if C gives him 5 grams of marijuana.
An obligation where various prestations are due but the performance of all of them is required in order to
extinguish the obligation is known as:
a.
b.
c.
d.

Alternative obligation
Facultative obligation
Conjunctive obligation
Simple obligation

When the debtor and the creditor agree to a dacion en pago (transfer of ownership of property to the
creditor to settle a monetary obligation), before such transfer of ownership, there is actually a:
a. Compensation
b. Confusion

c. Condonation
d. Novation
The delivery of mercantile documents such as checks will produce the effect of payment:
a.
b.
c.
d.

When through the fault of the creditor they have been impaired
Upon delivery of the mercantile document.
When they are certified by the bank
When they are presented to the bank for payment

XYZ is a cooperative store. On July 1, 2014, it paid the Government of the City of Manila certain taxes
believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes.
Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the
City of Manila to return the said taxes paid is based on:
a.
b.
c.
d.

Negotiorum gestio
Solutio indebiti
Quasi-delict
The Government is exempt from giving tax refunds.

The return of what has been paid by mistake is known as:

a.
b.
c.
d.

Solutio indebiti
Negotiorum gestio
Quasi-delict
Natural obligation

3FAC Questions:
1) This takes place when something is received when there is no right to demand it, and it was unduly
delivered thru mistake
A) Solutio Indebiti
B) Negotiorum Gestio
C) Vinculum Juris
D) Prestation
2) Kind of delivery whereby a possessor of a thing not as an owner, becomes the possessor as owner.
(Delivery by short hand)
A. Traditio Long Manu
B. Traditio Brevi Manu
C. Actual Delivery
D. Traditio Constitutum Possessorium
3) What kind of damage is when the exact amount of damages can't be determined?
A. Moral
B. Exemplary
C. Nominal
D. Temperate
4) Demand is not necessary to put debtor in delay when:
A. Creditor refuses the performance without just cause
B. The debtor is guilty of non-performance
C. When time is of the essence
D. If the obligation bears interest
5) The kind of compensation which may only be raised by the creditor and not by the debtor in the
obligation to give gratuitous support.
A. Judicial compensation
B. Conventional compensation
C. Facultative compensation
D. Legal compensation
6) When the thing deteriorates with the debtors fault, the creditor may choose one of the following:
A. Mutual restitution
B. Rescission (cancellation) of the obligation with indemnity for damages
C. Suffer the deterioration of the thing
D. Institute an action for negligence.
7) Delay on the part of the debtor in an obligation to give is known as:
A. Mora solvendi ex re
B. Mora solvendi ex persona
C. Mora accipiendi
D. Compensatio morae

8) An obligation whose demandability or extinguishment is subjected to the expiration of a term which

must necessarily come.
A. Obligation with a period
B. Obligation with suspensive condition
C. Obligation with a resolutory condition
D. Alternative obligation
9) The period established in an obligation is presumed to be for the benefit of:
A. The debtor
B. The creditor
C. Both the debtor and creditor
D. Neither, because it must be clearly established by stipulation.
10) Which of the following is an obligation with a suspensive period (ex die)?
A. F to give O P11,000.00 on Christmas Day next year.
B. F to give O P1,000.00 per month until O passes the board exam.
C. F to allow the use of his car to O until January 1, 2017.
D. F to award O with P100,000 when O receives his MBA degree two years from now.