1.
The seller has an obligation to deliver a certain horse,
already fully paid for by the buyer, on Feb 15. While
the horse (loaded on a carriage) was en route to
delivery to buyer on Feb 15, it gave birth to yearling
(a baby horse). Who has the right to possess the
yearling in the meantime?
o The seller, because the yearling was born prior to
delivery to buyer
2. A seller is obligated to deliver a certain farm land to
buyer (fully paid for) on Feb 2018, but such delivery
was only made on Feb 2019. From June to Aug 2018,
crops valued at 500k pesos were harvested from the
said farm land. Can buyer successfully file a court case
against seller to compel him to turn over the 500k
pesos (less reasonable expenses) from the harvested
crops?
o Yes, because the crops were the fruits of the farm
land and such fruits were produced when
obligation to deliver the land is already due
3. What kind of fruit is spring water that blooms within
a certain landscape that was acquired by X through a
donation from Y?
o Natural fruit
4. The tires of an automobile is an accessory and not an
accession.
o False
5. If an obligation is to deliver a car and obligor fails to
deliver it on time, can obligee buy (using his own
money) a 10 Million pesos sports car and then
successfully sue to compel obligor to reimburse him
the 10 Million pesos cost of the sports car?
o Yes, if the prestation is generic the obligee may
sue so that the obligation may be fulfilled at the
expense of obligor
6. What is the consequence if obligor obligates the same
prestation to two different obligees, or if obligor fails
to deliver the certain prestation on time to the
obligee?
o Obligor remains liable for the obligation to deliver
the certain prestation even if a fortuitous event
destroys the prestation
7. The diligence of a good father of a family, or ordinary
degree of care, shall be observed in what type of
obligation?
o obligation to give a determinate or determinable
prestation
8. In cases where both plaintiff and defendant
committed negligence that lead or contributed to
damages on the part of the plaintiff, what shall be
considered by the court in ruling on the civil liability?
o The proximate cause of the damage and the level
of diligence that ought to be expected from either
parties
9. An acquittal or finding of innocence in a criminal case
necessarily means that the accused is also innocent
from civil liability.
o False
10. Which is not part of criminal liability?
o Pardon
11. If the property title was obtained by one sibling by
virtue of misrepresentation, what legal concept can
be use to successfully argue that the said sibling is
civilly liable to his other siblings over their equal
shares in the property?
o Implied trust
12. This has the force of law between parties and shall be
complied with in good faith.
o Obligations arising from contracts
13. This refers to a contract that reserves to a person the
prerogative to buy property within a certain time
period, during which period the same property
cannot be validly offered for sale to anyone else.
o Option contract with consideration
14. Which is not a requisite of a valid prestation?
o Solid
15. A special kind of obligation which cannot be enforced
in court but which authorizes the retention of the
voluntary payment or performance made by the
debtor.
o Natural obligation
16. What distinguishes contract, as a source of obligation,
from all the other sources of obligation (i.e. law, quasi
contract, delict, quasi delict)?
o pre-existing contractual relation between parties
17. This is obligatory, no matter what form may be, so
long as the essential requisites for its validity are
present.
o Contract
18. ____________ arise from lawful, voluntary and
unilateral acts and which are enforceable to the end
that no one shall be unjustly enriched or benefited at
the expense of another.
o Quasi contract
19. This is an example of an obligation not to do.
o contract containing a right of first refusal
20. Refers to the duty of a person to satisfy a specific o Jun shall be liable for P250,000 with damages and
demandable claim of another person which, if Glory shall be liable for P250,000 without
breached, is enforceable in court. damages.
o Obligation
9. Emilie obliged himself to deliver to Evelyn either a
QUIZ 2 Mercedes Benz car or a Ford Expedition. Due solely to
the eruption of Mayon volcano the Mercedes Benz
1. This form of extinguishment of an obligation takes
perished. Under the circumstances:
place when two persons, in their own right, are
o The obligation of Emilie becomes a simple
creditors and debtors of each other.
obligation to deliver the Ford Expedition to Evelyn.
o Compensation
10. Tito, Vic and Joey were solidarily indebted to Val in
2. A judicial relation called solutio indebiti takes place
the amount of P6,000 payable on September 7, 2006.
o When something is received and there is no right
On September 7, 2006, Tito and Vic offered to pay,
to demand it and it was delivered through
but Val accepted Tito’s offer and he paid the whole
mistake
amount to Val.
o Tito now becomes the new creditor as to Vic and
3. This is the change, substitution, or renewal of an
Joey.
obligation or obligatory relation, with the intention of
o Vic and Joey is now solidarily liable to Tito for
extinguishing or modifying essentially the former
P4,000
obligation.
o Vic and Joey is jointly liable to Tito for only P2,000
o Novation
each.
4. A, B and C owe X, Y and X the sum of P100,000.00. The
11. Payment shall be made to:
parties did not agree as to what kind of obligation
o The successor in interest of the person in whose
they contracted. What kind of obligation did they
favor the obligation has been constituted
contract?
o Any person authorized to receive it in for the
o Joint
person in whose favor the obligation has been
constituted
5. When only one prestation has been agreed upon, but
o The person in whose favor the obligation has
the obligor may render another in substitution, the
been constituted
obligation is called:
o Facultative
12. Efren obliged to deliver 24 cases of softdrinks to
Darna on Christmas Day 2006. On Christmas Day,
6. In an obligation with a period, the debtor shall lose
Efren was only able to deliver 20 cases of softdrinks
every right to make use of the period when:
to Darna, which Darna saw and accepted without any
o The debtor attempts to abscond.
objections. Which of the following is correct:
o After the obligation has been contracted, he
o With the acceptance of Darna, the obligation of
becomes insolvent, unless he gives a guaranty or
Efren was deemed complied.
security for the debt.
o He does not furnish to the creditor the guaranties
13. Demand by the creditor shall not be necessary in
or securities he has promised.
order that delay may exist in the following instance,
except:
7. The following conditions shall annul the obligation
o When the creditor is guilty of fraud or negligence
which depends upon them
in the performance of his obligation.
o A condition that some event will happen at a
determinate time but the time expires or if it had
14. Notwithstanding the loss of the thing due, the debtor
become indubitable that the event will not take
remains liable if:
place.
o The debtor was already in default when the loss
o Conditions against good customs and public
occurred
policy.
o The debtor was guilty of fraud
o Impossible conditions
o The nature of the obligation requires the
assumption of risk
8. Jun and Glory promised to deliver a Rolex watch
15. When the thing is lost in the possession of the debtor:
valued at P500,000 to Henry on or before December
o It shall be presumed that the loss was due to his
25, 2006. On December 25, 2006, Henry demanded
fault.
delivery from Jun and Glory. Glory was willing to
deliver but Jun refused to deliver the watch.
16. The debtor who cedes or assigns his property to his
creditor in payment of his debt shall be released from
his obligation:
o To the extent of the net proceeds of the thing
assigned.
17. There is solidary liability only when:
o The nature of the obligation requires solidarity.
o The obligation expressly so states.
o The law requires solidarity
18. 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,
except:
o Substantial performance in good faith.
19. This is the gratuitous abandonment by the creditor of
his right against the debtor.
o Remission
20. In a joint indivisible obligation, if any one of the
debtors does not comply with his undertaking:
o The obligation is converted into one for damages.
o The creditor may ask for specific performance of
the obligation against the other debtors.
o The creditor may rescind the whole obligation
25. I will pay you may debt if I win in the lottery:
o Obligation valid
26. X forgives the P15,000 indebtedness of Jose. The
latter’s obligation is extinguished by:
o Condonation
27. When there is no reservation on interest, it is
presumed that interest had been paid when the
obligee issued a receipt on the principal
o Only a disputable presumption
28. X and Y entered into a contract of loan stipulating that
Y , the debtor , shall pay when his means permits him
to do so. When X needed money, he thought of
determining on Y to pay his debt however, the latter
refused to pay. What can X do?
o X is to go to court and ask the court to fix the
period
29. D promised to give C P1,000 should the sun rise from
the west
o Obligation void
30. S sells his gun to B for P100,000. B bough the gun to
kill Z.
o sale of gun is valid

21. In an alternative obligation, if the loss of one of the

things is due to the debtor’s fault:
o The creditor may claim all of those subsisting.
o The creditor may claim the price of that which
was lost with a right to damages
o The creditor may claim any of those subsisting
without any right to damages.

22. Brian promised to deliver to Berto one dozen sacks of

coffee beans. Due to typhoon Jemong, half of the one
dozen coffee beans perished while still in the
possession though without the fault of Brian.
o The obligation of Brian is not extinguished but he
is merely obliged to deliver to Berto the other half
dozen coffee beans which did not perish in the
typhoon

23. When the obligee accepts the performance of an

obligation, knowing its incompleteness or irregularity,
and without expressing any protest or objection, the
obligation is:
o Deemed fully complied with

24. It is an obligation which contains an accessory

undertaking to previously agreed indemnity in case of
its breach.
o Obligation with a penal clause