Since 1977
BUSINESS LAW
BL.1301-Drill 1 - Obligation
1. On July 1, 2012, D obliged himself to give C a specific car 8. A, B and C solidary owe X P300,000. X remitted C’s share.
if C will not marry X on or before December 31, 2012. The
condition of the obligation is a:
a. positive condition. c. divisible condition.
b. negative condition. d. impossible condition.
2. On May 1, 2012, D executed a written undertaking
obliging himself to deliver 100 sacks of rice to C on May
31, 2012. On May 28, 2012, C demanded the delivery of
100 sacks of rice from D but D did not comply. The
following day, a fire of undetermined origin destroyed D's
warehouse together with about 500 sacks of rice stored 9. Anna Almeda, Belinda Bersola, and Claudia Cabrera
therein and from which D intended to get 100 sacks of rice
for delivery to C.
a. D's obligation to deliver 100 sacks of rice to C
is extinguished, the cause of the loss being a
fortuitous event.
b. D's obligation to deliver 100 sacks of rice to C is not
extinguished because he can get 100 sacks of rice
from other sources.
c. D's obligation to deliver 100 sacks of rice to C is not
extinguished because D was in default.
d. D's obligation is to pay damages because he was in
default.
3. Dante obliged himself to give Carlo 100 cavans of rice on
June 20, 2012. On said date, Dante failed to make 10. Under a contract executed on November 1, 2012, D
delivery, despite repeated demands by Carlo.
a. Carlo can compel Dante to deliver 100 cavans of rice
plus damages
b. Carlo has no remedy under the law
c. Carlo my ask a third person to deliver 100 cavans of
rice to him, the value recoverable from Dante plus
damages.
d. Dante can rescind the contract because the object is
indeterminate
4. A, B and C are joint and several liable to D amounting to
P900,000. D allows C an extension of two years within
which to pay his portion of the indebtedness. In this case:
a. D can compel A or B to pay him the entire P900,000.
b. D can compel A or B or C to pay him P600,000.
c. D can demand only P300,000 each from A and B.
d. D can compel only A or B to pay him P600,000.
5. Obligations may arise from any of the following, except:
a. Contracts c. Law.
b. Quasi-contracts. d. Prestation.
6. One of the following is a void obligation:
a. D is obliged to give C P5,000.00 if C does not go to
the moon.
b. D is obliged to give C P5,000.00 if D goes to Baguio
c. D is obliged to give C P5,000.00 if C goes to Baguio
d. D is obliged to give C P5,000.00 if D wins first prize in
the sweepstakes on a ticket that he had 13. An obligation ceases to be alternative and becomes a
already purchased.
7. Dogie obliged to give Cathy, either object No. 1 valued
P15,000; or object No. 2 valued P10,000; or object No. 3
valued P5,000. All the objects were lost due to Dogie fault
in the order stated:
a. Dogie’s obligation is extinguished
b. Dogie’s obligation is to pay the value of Object No. 1
plus damages
c. Cathy’s right is to demand the value of any objects
plus damages
d. None of the above
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ATTY. ONG/LOPEZ
OCT 2012
A, therefore, paid later only P200,000. Assuming that B is
insolvent.
a. A can compel B to pay him P100,000.
b. A can recover reimbursement from C amounting to
P50,000
c. A can recover reimbursement from C amounting to
P100,000.
d. A can recover nothing from C at this moment and to
wait until B recover from financial distress.
executed the following promissory note:
" I promise to pay Dolores Dominguez or order the sum
of P30,000.00 on June 30. 2004.
(Sgd.) Anna Almeda
(Sgd.) Belinda Bersoia
(Sgd.) Claudia Cabrera"
On June 30, 2004, Dolores Dominguez can collect from
Anna Almeda:
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.
obliged himself to give a specific horse to C on December
10, 2012. On December 8, 2012, C demanded the delivery
of the horse but D did not comply. The following day, the
horse was struck by lightning and died instantly.
a. The obligation of D is extinguished because the loss is
due to fortuitous event and D was not in default.
b. The obligation of D is not extinguished because D can
deliver another horse.
c. The obligation of D is not extinguished because D was
in default.
d. The obligation of D is not extinguished because the
demand was not made on due date.
11. The debtor shall lose the right to make use of the period
in the following cases, except:
a. when he becomes insolvent.
b. when he violates any undertaking in consideration of
which the creditor agreed to the period.
c. when the debtor attempts to abscond.
d. when he does not furnish any guaranty or security to
the creditor.
12. Defense of good father of a family in the selection and
supervision of employee is a proper and complete defense
in:
a. Culpa contractual c. Culpa criminal
b. Culpa aquiliana d. Both B and C
simple obligation in the following cases, except:
a. when the debtor has communicated his choice to the
creditor.
b. when the right of choice has been expressly granted
to the creditor and his choice has been communicated
to the debtor.
c. when among the several prestations that are due only
one is practicable.
d. when three prestations are due but one of them is
unlawful or impossible.
BL.1301drill 1
EXCEL PROFESSIONAL SERVICES, INC.
14. In the following cases, the debtor shall lose the benefit of 23. D borrowed from C P1,000,000 mortgaging in favor of the
the period – choose the exception.
a. When after the contraction of the obligation the
debtor becomes insolvent but he gives collateral
security or guaranty.
b. When the debtor fails to furnish the collateral
securities which has promised.
c. When the collateral security is impaired whether
through the debtor’s fault or by fortuitous events.
d. When the debtor attempts to abscond.
e. None of the above.
15. D is driver of a passenger bus which is owned and
operated by O. While D is driving said bus, it met an
accident through his negligence where P, a passenger,
was injured. D is liable to P for damages which arises
from:
a. Law c. crime
b. contracts d. quasi-delict
16. O is the owner of a night club where SC is a singer
crooner receiving a monthly salary of P80,000. The
obligations of O and SC are –
a. Both real
b. Both personal
c. Real on the part of S.C. but personal in the part of O.
d. Real in the part of O but personal in the part of SC.
17. D is under obligation to deliver to C either a cow or a
carabao or a horse. Due to the fault of D the cow, the
carabao and the horse are lost in that order. The
obligation of D is to pay damages to C:
a. On the basis of the value of the cow.
b. On the basis of the value of the horse or the last thing
that was through his fault.
c. On the basis of the value of the carabao.
d. On the basis of the value of any of the animals due at
the choice of D.
18. Delay or default on the part of the obligor is known as –
a. mora solvendi ex re
b. mora accipiendi
c. mora solvendi ex persona
d. compensation morae
e. Mora solvendi
19. Which of the following is not a conditional obligation?
a. D to give C P1,000 if C passes the examination
b. D to pay C P1,000 if C has the means
c. D to give C a horse if C marries X
d. None of the above.
20. Which of these is not a conditional obligation?
a. D is to pay C P1,000,000 if he finishes his LL.B. at the
V.P. College of law.
b. D will pay C P500,000 as soon as his financial means
will permit him to do so.
c. D is to pay C P2,000,000 ten days after his 80th
birthday.
d. D will pay C P1,000,000 twenty days after he passes
the C.P.A. exams for October 2008.
e. None of the above.
21. D borrowed from C P100,000 with a penalty of 20% if not
paid on time. On due date, D was able to pay C the
borrowed amount. How much should D pay C?
a. P100,000 only
b. P100,000 + 20%
c. P100,000 + 20% + interest
d. P100,000 + 20% + interest + damages
22. This are adjudicated in order that a right of the plaintiff,
which has been violated or invaded by the defendant, may
be vindicated or recognized:
a. Moral damages c. Nominal damages
b. Temperate damages d. Actual damages
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latter his house and lot. Said obligation is due December
15, 2012. On July 20,2011 the house was hit by a lighting
and was destroyed. In this case:
a. C can validly demand payment from D on July 20,
2011 because the latter losses the right to make use
of the period upon the impairment of the collateral.
b. C can validly demand payment from D on July
20,2011 unless D gives another collateral equally
satisfactory.
c. C cannot collect on July 20,2011 because in the nature
of an obligation with a period the debt can only
become demandable upon the arrival of the period.
d. The obligation of D to C is extinguished because of the
loss of the collateral through a fortuitous event.
24. The following are either joint or solidary liability:
I. Liability of the principal and the agent when the
former allowed the agent to act as though he had full
powers.
II. Liability of two or more persons who have appointed
an agent for a common transaction or undertaking.
III. Liability of two or more bailees to whom a thing is
loaned in the same contract.
IV. The responsibility of two or more agents who are
appointed simultaneously by the principal.
V. Responsibility of two or more officious managers.
a. The liability under I, II, III, IV and V are solidary
b. The liability under I, II, III and V are solidary.
c. The liability under II and IV are joint.
d. The liability under I, II, III and IV are solidary.
25. In a joint obligation, joint means any of the following,
except:
a. Pro rata
b. Mancomunada simple
c. Individually and collectively
d. Proportionate
26. A, B, and C are liable to X to deliver the 90,000 sack of
sugar in Y warehouse on January 5, 2008. On January 6,
2008, X demanded from A to deliver the sugar. However
on January 8, 2008, a fire was broke in Y warehouse
because of lightning and the entire 90,000 sacks of sugar
was totally loss.
a. X can held each of them (A, B and C) liable for 30,000
sacks of sugar because they are already in delay
before the object was loss by fortuitous event.
b. X can held any of them (A, B and C) liable for 90,000
sacks of sugar because they are already in delay
before the object was loss by fortuitous event.
c. A, B and C is not liable because the loss was due to
fortuitous event.
d. A is liable for the 30,000 sack of sugars because he
was already in delay but B and C obligation is
extinguished because they are not in legal delay and
the loss was due to fortuitous event.
27. Action to impugn or rescind acts or contracts done by the
debtor to defraud the creditors
a. Accion reinvindicatoria
b. Accion subrogatoria
c. Accion pauliana
d. Accion quanti-minoris
28. An obligation ceases to be alternative and becomes a
simple obligation in the following cases, except:
a. when the debtor has communicated his choice to the
creditor.
b. when the right of choice has been expressly granted
to the creditor and his choice has been communicated
to the debtor.
c. when among the several prestations that are due only
one is practicable.
d. when three prestations are due but one of them is
unlawful or impossible.
BL.1301 drill1