NAME:____________________________________ I.

Proof of actual damages suffered by the creditor is not

Obligation and Contracts Midterms AS1A necessary in order that the penalty may be demanded.
II. When the debtor is guilty in the fulfillment of the
obligation, the creditor can demand damages and interest in addition
Part I. Encircle the letter of the correct answer. to the penalty.

1. In an obligation to give a determinate thing, what rights are available a. False, False b. True, False
to the creditor? c. True, True d. False, True

I. To compel specific performance. 8. In quasi-delict, the liability of a person who is held liable for the faulty
II. To recover damages in case of breach of the obligation. or negligence of another person who is under his care or
III. To ask that the obligation be complied with at the expense of responsibility shall cease if
the debtor.
a. There was contributory negligence on the part of the person injured.
a. All statements are correct. b. He was not present at the time of the act, hence it was not possible
c. Only the I answer is correct. to him to prevent the damage.
b. Only the I and II statements are correct. c. He observed ordinary diligence to prevent the damage.
d. All answers are wrong. d. He observed the diligence of a father of a good family.

2. It is the juridical relation resulting from lawful, voluntary, and 9. If the law or contract does not state the diligence which is o be
unilateral acts by virtue of which the parties become bound to each observed in the performance of an obligation, the obligor is expected
other to the end that no one shall be unjustly enriched or benefited to observe
at the expense of another. a. Ordinary diligence
b. Diligence of a father of a good family
a. Agreement c. Extraordinary diligence
b. Vinculum juris d. Utmost care
c. Contracts
d. Quasi-Contracts 10. I. Obligations arising from law are presumed except those found in
the Civil Code or in special laws.
II. Obligations arising from contracts have the force of law between
3. This takes place when something is received when there is no right contracting parties and should be complied with in good faith.
to demand it, and it was unduly delivered thru mistake.
a. True, True b. False, True
a. Solutio Indebiti c. True, False d. False, False
b. Negotiorum Gestio
c. Vinculum juris 11. Which of the following is not a civil liability arising from delict?
d. Prestation
a. Indemnification for consequential damages
4. This happened when the creditor make a demand and the obligor b. Reparation
fails to deliver the thing. c. Rescission
d. Restitution
a. Negligence
b. Mora solvendi 12. It refers to a quasi-contract arising out of payment by mistake or
c. Mora accipiendi undue performance of an obligation.
d. Compensatio morae
a. Solutio Indebiti b. Negoriorium Gestio
5. Demand is not necessary to incur delay when: c.Culpa Aquiliana d. Mora Acipiendi

a. Creditor refuses the performance without just cause. 13. I. In quasi-contract, there is no concent of the parties thus
b. The debtor is guilty of non-performance. preventing a meeting of minds between them.
c. Time is the controlling motive II. In quasi-delict, there is no intention on the part of a person doing a
d. If the obligation bears interest wrongful act or omission causing damage to another.

6. JJ agreed to pay his debt and in case of non-payment, to render free a.False, True b. True, False
service as a servant. Is the obligation valid? c. True, True d. False, False

a. No, the obligation to pay and to render service as a servant is contrary 14. I. The creditor acquires a real right against over the fruits of the thing
to law and morals. to be delivered from the time the thing should have been delivered.
b. Yes, if the services will be rendered in satisfaction of the debt and in II. The fruits of the thing pertains to the creditor from the time the
case of non-performance, the proper remedy is specific performance. obligation is perfected.
c. No, the nullity of the condition carries with it the nullity of the principal
obligation. a. False, False b. True, True c. False,
d. Yes, in so far as the obligation to pay but not as regards the True d. True, False
undertaking to render domestic services for free.
15. I. In the obligation to deliver a thing, the debtor has to deliver also the
accessories and accessions only if they have been mentioned.
7. If an obligation is with a penal clause II. In obligation to do, specific performance of the debtor’s obligation
is not available as a right of the creditor to demand from the obligor.
 24. This is based on equity and justice
a. False, True b. True, False
c. True, True d. False, False a. Civil obligation
b. Moral obligation
16. Which of the following is demand necessary to make the debtor in
delay in the performance of his obligation? c. Natural obligation
d. Social obligation
a. When the time of the performance is of the essence.
b. When the law so provides. 25. The following are the elements of an obligation, except
c. When the time of performance has been stipulated
d. When demand would be useless. a. Active and passive subjects
b. Efficient cause
17. When the thing deteriorates with the debtor’s fault, the creditor may
choose one of the following: c. Prescription
d. Vinculum juris
a. Mutual restitution
b. Rescission (cancellation) of the obligation with indemnity for 26. The right of the creditor that is enforceable against a definite debtor
damages is
c. Suffer the deterioration of the thing
d. Institute an action for negligence.
a. Real right
18. It is a future and certain event upon the arrival of which the b. Natural right
obligation (or right) subject to it either arises or is terminated. c. Moral right
d. Personal right
a. Fortuitous events
b. Condition 27. The person in whose favor the obligation is constituted
c. Period
d. Date and time
a. Obligor
19. Liability for damages in the performance of an obligation arises from b. Obligee
the following, except c. Passive subject
d. Debtor
a. Negligence b. Acts punished by law
c. Delay d. Fraud 28. The person who has the duty of giving, doing or not doing
20. I. Liability from damages arising from fraud is demandable and there
can be waiver of action for future fraud. a. Obligee
II. There can be waiver of an action for future simple negligence and b. Obligor
past fraud. c. Active subject
d. Creditor
a. False, False b. True, True
c. False, True d. True, False 29. The source of obligation which is a rule of conduct, just and
obligatory, promulgated by legitimate authorities for common good,
21. In which of the following is the debtor still liable despite the fortuitous
event causing the loss of the thing? benefit and observance

a. The thing lost is a specific thing. a. Contracts

b. The performance of the obligation has become impossible. b. Quasi contracts
c. The nature of the obligation does not require assumption of risk. c. Delicts
d. The thing is lost after the debtor incurs delay d. Law

22. When the debtor binds himself to pay when his means permit him to 30. The duty to pay taxes and to support one’s family are obligations
do so, the obligation is: arising from
a. Law
a. Conditional b. Contracts
b. Pure c. Quasi- contracts
c. Simple
d. Delicts
d. With a Period

31. The obligation of husband and wife to render mutual help and
23. A juridical necessity to give, to do or not to do support arises from
a. Civil obligation
b. Natural obligation a. Contract
c. Moral obligation b. Law
d. Social obligation c. Quasi contract
d. Quasi delict
32. A supports B, a minor, because B’s father refuses t support B. the 40. S, a supplier of fresh fish from Lucena City hired T, the owner of a
father is obliged to reimburse A. the source of obligation is trucking company, for a fee of P3 000 to bring the fish of S to the
a. Contract Dampa Market in Paranaque City which ordered the fish for a price
b. Quasi contract of P20 000. In so far as S is concerned, his prestation in his contract
c. Delict with T is
d. Quasi delict
a. The sale of the fish
33. The following except one, are included in civil liability. The exception b. The transport of the fish
is c. The payment of P3 000
d. The payment of P20 000
a. Restitution
b. Reparation 41. Refer to the preceding number. In the contract between S and T
c. Indemnification
d. Starvation a. S is the obligor and T is the obligee
b. S is the obligee and T is the obligor
34. Omission of the diligence which is required by the circumstances of c. Both S and T are obligors and obligees of each other
person, place and time d. The Dampa market is the obligee of both S and T

a. Ignorance 42. Fruits arising out of contracts

b. Negligence
c. Impotence a. Natural
d. Insanity b. Industrial
c. Civil
35. If a thing is capable of particular designation d. Penal

a. Generic 43. I. If a person obliged to do something fails to do it, the same shall be
b. Specific executed at his cost
c. Indeterminate II. Those who in the performance of their obligations are guilty of
d. Indeterminable fraud, negligence, or delay and those who in any manner
contravene the tenor thereof, are liable for damages
36. If a thing refers to a class, to a genus and cannot be pointed out
a. True, true
with particularity
b. True, false
c. False, true
a. Generic
d. False, false
b. Specific
c. Indeterminate
44. A is oblige to deliver his only car to B on November 20, 2011. If A
d. Indeterminable
does not deliver, and on November 22, 2011, a typhoon destroys
the car, which is correct?
37. The creditor has a right to the fruits of the thing

a. A is not liable because the obligation is extinguished

a. From the time the obligation to deliver it arises
b. A is liable because he is in delay
b. From the time the fruits have been delivered
c. A and B will divide the loss equally
c. From the time there is meeting of the minds
d. A’ s obligation is converted into monetary obligation
d. From the perfection of the contract

45. Whenever a period is designated in an obligation, the said period

38. From the time the fruits have been delivered, the creditor shall
shall be presumed to have been established for the benefit of
acquire
A. The debtor
a. Real right
B. The creditor
b. Personal right
C. Both the debtor and the creditor
c. Moral right
D. Neither of the parties
d. None of these

Part II. Essay. Write your answers at the back.

39. Spontaneous products of the soil and the offspring and other
products of animals
1. What are the sources of obligation? (5pts)
a. Natural
2. Enumerate the requisites of a fortuitous event. (10pts)
b. Industrial
3. Cite Article 1169. (10pts)
c. Civil
d. Penal BONUS: Why is the study of Oblicon important to you? (5pts)