OBLIGATION

S
&
CONTRACT
(LAW 11)

NAME: Kristine O. Girasol

COURSE/YEAR: BSMA 1

TIME/DAYS/ROOM: 2:30-4:00/MW/209V

INSTRUCTOR: REYMAR ENGLIS DICO, CPA

Kristine O. Girasol

BSMA-1

MULTIPLE CHOICE: OBLIGATIONS & CONTRACT

1. What is the law of religion and faith is concerns itself with the
conceptual sin?
A. Natural law
B. Moral law
C. Divine law
D. State Law

2. What is essentials requisites of obligation is “called debtor or obligor”?

A. Passive Subject
B. Juridical or Legal Tie
C. Active Subject
D. Object or prestation

3. Which of the following can determine the duties debtor in obligation to

determinate the “slight or extraordinary diligence”
A. Reason’s for debtor’s obligation
B. Another standard of core
C. Factor’s to be considered
D. Deligence of a good father of a family

4. Natural fruits is?

A. The spontaneous products of soil
B. The people can produce by lands and any of cultivation or labor
C. Are to derived by the virtue of a juridical relation
D. None of the Above
5. In what article can we see the discounts of PWD, students & etc.
A. R.A 2170
B. R.A 2180
C. R.A 2176
D. R.A 2280

6. What article can predict the obligation of officious manager?

A. R.A 2149
B. R.A 2140
C. R.A 2146
D. R.A 2151

7. Can you define the natural law of religious faith, is made of means in
direct revelation?
A. Place in state law
B. Compared the divine law
C. Binding law
D. None of these

8. In moral law is not absolute it varies which the changing times,

conditions or convictions of the people.
A. Sanctions
B. Binding force
C. Place in the state law
D. Determinations of what is right and wrong

9. In what obligation arises from civil liability which is the consequence of

a criminal offense ?
 A. Quasi- delicts or torts
B. Quasi-contracts
C. Law
D. Crimes or acts or omissions punished by law

10. What is the cases that have been classified as quasi-contracts

are of infinite variety?
A. Solutio indebiti
B. Negotiorum gestio
C. Other examples of quasi contracts
D. All of these

11. In contractual obligation is___________ my have breached or

violated by a party in a whole or in a part
A. Binding force
B. Requirements of a valid contract
C. Breach of contract
D. Compliance in good faith

12. Can you define the requisites of delay for the obligor cancels
delay of the obligee and vice versa?
A. Mora solvendi
B. Mora accipiendi
C. Compensatio morae
D. All of the above

13. Will you determine what article can define the responsibility
arising from fraud demandable?
A. R.A 1171
 B. R.A 1172
C. R.A 1159
D. R.A 1166

14. According to the source of obligation in what negligence resulting

in the

commission of a criminal

A. Culpa criminal

B. Culpa aquiliana

C. Culpa contractual

D. None of the above

15. The following are grounds for liability except for___________

A. Fraud(deceit or dolo)

B. Negligence (fault or culpa)

C. Delay (mora)

D. Compensation morae

16. _______ has been equated with ordinary care or that diligence
which an average person exercises over his own property

A. Reason for debtor’s obligation

B. Factors to be considered

C. Another standard of care

D. Diligence of a good father of a family

17. _______is identified only by its specie.

 A. Real thing

B. Personal thing

C. Generic thing

D. Determinate thing

18. In what article can describe the determinate and undeterminate thing
was granted.

A. R.A 1165

B. R.A 1163

C. R.A 1160

D. R.A 1151

19. _______is not applicable where the non-payment of prior obligations

has been proven.

A. Payment of the taxes

B. Non-payment proven

C. Receipt for a part of the principle

D. With reservation as the interests

20. In the rules as to liability in case of fortuitous event that has not
belong to the group.

A. When expressly specified by law

B. When declared by stipulation

 C. When the nature of the obligation requires the assumptions of risk

D. None of the above

21. Can you identify the article of fault or negligence of the obligor
consists in the omission of that diligence.

A. R.A 1173

B.R.A 1165

C. R.A 1160

D. R.A 1163

22. For the following are not belong to the scope of civil liability is except:

A. Reparation for the damage caused

B. Restitution

C. Indemnification for consequential damages

D. There must be an act or omission

23. _______is when they arise from lawful, voluntary and unilateral acts
which are enforceable to the end that no one shall be unjustly enriched or
benefited at the expense of another.

A. Law

B. Quasi-contracts

C. Contracts
 D. Quasi- delicts

24. ______is the power which a person has under the law, to demand
from another any prestation

A. Injury

B. Wrong

C. Right

D. Obligation

25. ______is that in which the subject matter is an act to be done or not
to be done.

A. Personal obligation

B. Civil obligation

C. Real obligation

D. Natural obligation

26. Obligations arising from contracts have the force between the
contracting parties.

A. Breach of contract

B. Binding force

C. Requirement of a valid contract

 D. Compliance in good faith

27. This takes place when something is receive when there is no right to
demand it, and it was unduly delivered thru mistakes.

A. Solutio indebiti

B. Negotiorum gestio

C. Vinculum juris

D. Prestation

28. This happen when the creditor make a demand and the obligor fails to
deliver the thing.

A. Negligence

B. Mora solvendi

C. Mora accipiendi

D. Compensatio morae

29. Demand is not necessary to incur delay when:

A. Creditor refuses the performance without just cause

B. The debtor is guilty of non-performance

C. Time is the controlling motive

D. If the obligation bears interest

30. In what instance may we consider that there is no delay?

A. In civil obligation

B. In positive obligation

C. In obligation arising from crime

D. In natural obligation

31. A juridical necessity to give, to do or not to do

A. Civil obligation

B. Natural obligation

C. Moral obligation

D. Social obligation

32. They obligee has a right to enforce the obligation against the obligor in
a court of law

A. Civil obligation

B. Moral obligation

C. Natural obligation

D. Social obligation

33. They give a right of action to compel their performance

 A. Civil obligation

B. Moral obligation

C. Natural obligation

D. Social obligation

34. This is based on equity and justice

A. Civil obligation

B. Moral obligation

C. Natural obligation

D. Social obligation

35. The following are the elements of an obligation, except

A. Active and passive subjects

B. Efficient cause

C. Presciption

D. Vinculum juris

36. A lawful act resulting a benefit

A. Negotiorum gestio

B. Solutio indebiti
 C. Quasi-contracts

D. Quasi-Delict

37. The right of the creditor that is enforceable against a definite debtor is

A. Real right

B. Natural right

C. Moral right

D. Personal right

38. The person who has the duty of giving, doing or not doing

A. Obligor

B. Obligee

C. Passive subject

D. Prestation

39. Through insidious or machinations, A was able to induce B to enter

into a contract which without them B would not have agreed to it. This is:

A. Undue influence

B. Fraud

C. Mistake

D. Misrepresentation
40. In Accion Subrogatoria the creditor may exercise all of the rights and
bring all of the actions which the debtor may have against third persons if:

A. If the account is personal

B. The debtor’s acts are fraudulent

C. The debtor has performed an act subsequent to the contract, giving

advantage to other persons

D. Creditor must have the right of return against debtor

41. In Accion Pauliana Rescission, which involves the right of the creditor to
attack or impugn by means of rescissory action any act of the debtor which
is in fraud and to the prejudice of his rights as creditor provide:

A. The debt is due and demandable

B. There is a failure of the debtor to collect his own debt from 3 rd

persons either through malice or negligence

C. The debtor’s assets are insufficient

D. The debtor has performed an act subsequent to the contract,

giving advantage to other persons

42. When the thing deteriorates with the debtor’s 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

43. It is a future and certain event upon the arrival of which the obligation
(or right) subject to it either arises or is terminated.
 A. Fortuitous event

B. Condition

C. Period

D. Date and time

44. It causes the extinguishment or loss of right already acquired upon the
fulfillment of the condition, that is, the happening of the event which
constitutes the condition. In other words, the fulfillment of which will
extinguish an obligation 9or right) already existing.

A. Condition subsequent

B. Suspensive

C. Facultative condition

D. Positive condition

45. Law is intended by man to serve man. It regulates the relations of men
to maintain harmony in society and to make order and co-existence possible.

A. It is a rule of conduct

B. It is obligatory

C. It is of common observance and benefit

D. It is promulgated by legitimate authority

46. This law is also called positive law, municipal law, civil law, or imperative
law

A. Binding force

B. General sense

C. Other terms used

 D. Concern of state law

47. is obligation not to do (which naturally includes obligations “not to give”).

A. Personal obligation

B. Real obligation

C. Negative personal obligation

D. Positive personal obligation

48. Is also used to refer to the wrongful violation of the legal right of another.

A. Obligation

B. Right

C. Injury

D. Wrong

49. Any events which cannot be foreseen or which, through foreseen, is inevitable

A. Ordinary fortuitous event

B. Fortuitous event

C. Extra- Ordinary fortuitous event

D. Force majeure

50. Natural law is ever present and binding on all men everywhere and all times.

A. Binding Force

B. Place in state law

C. Compared to divine law

D. Divine law

51. The act or performance which the law will enforce?

A. Obligation

B. Right
 C. Injury

D. Wrong

52. The person who is bound to the fulfillment of the obligation?

A. Object or prestation

B. Civil obligation

C. Passive subject

D. All of the above

53.The subject matter is a thing which the obligor must deliver to the
obligee.

A. Natural obligation

B. Real obligation

C. Personal obligation

D. Civil obligation

54. The end that no one shall be unjustly enriched or benefited at the
expense of another.

A. Quasi-delicts

B. Quasi-contracts

C. Law

D. Contracts

55. In what article any person who is constrained to pay the taxes of
another shall be entitled to reimbursement from the latter.
A. Article 2173

B. Article 2168

C. Article 2170

D. Article 2175

56. This happened when the creditor make a demand and the obligor
fails to deliver the thing.

A. Negligence

B. Mora solvendi

C. Mora accipiendi

D. Compensatio morae

57. This takes place when something is received when there is no right to
demand it, and it was unduly delivered thru mistake.

A. Negotiorum gestio

B. Vinculum juris

C. Prestation

D. Solutio indebiti

58. In what instance may we consider that there is no delay?

A. In positive obligation

B. In obligation arising from crime

C. In civil obligation

D. In natural obligation
59. Through insidious words or machinations A was able to induce B to
enter into a contract which without the b would not have agreed to it. there
is.

A. Fraud

B. Undue Influence

C. Mistake

D. Misrepresentation

60. Which of the following statement is False?

A. An obligations to pay a certain amount in ten annual installments is

divisible

B. Accomplishment of work by metrical units are divisible

C. Executive of a certain number of days of work shall be divisible

D. Obligations to give definite things and those that are not

susceptible of partial performance shall be demand divisible

61. The act or omission by a person which causes damages to another in his
person property or rights giving rise to an obligation to pay for the damages.

A. Solutio indebiti

B. Quasi-delicts

C. Compliance in good faith

D. Quasi-contracts

62. The spontaneous products of the soil, and the young and other products
of animals that all trees and plants on lands produced without the
intervention of the human labor.
A. Preserve the thing

B. Deliver the fruits of the thing

C. Natural fruits

D. Civil fruits

63. The delay of the obligor cancels the delay of the obligee and vice versa
the net result is that there is no actionable default on the part of both
parties.

A. Mora solvendi

B. Mora accipiendi

C. Compensantio morae

D. Ordinary delay

14. When a third person assumes the payment of the obligation even
without the knowledge and consent of the debtor but with the consent at the
creditor.

A. There is novation

B. There is delegation if debtors is released

C. There is subrogation

D. There is expromission if debtor is released

65. The law of religion and faith which concerns itself which the concept of
sin as contrasted with crime and salvation.

A. Source

B. Sanction
 C. Divine law

D. Natural law

66. It is formally promulgated by God and revealed or divulged to man kind

by means of direct revelation.

A. Source

B. Compared to divine law

C. Place in state law

D. Sanction

67. The assurance of certain rewards and punishment in the present life or
in the life to come.

A. Binding force

B. Sanction

C. Source

D. Divine law

68. The government are distributed among the several departments for their
safe and useful exercise for the benefit of the people .

A. Custom

B. Legislation

C. Other sources

D. Constitution

69. It consists in the declaration of legal rules by a competent authority it is

preponderant source of the law in the Philippines.
A. Others source

B. Constitution

C. Legislation

D. Custom

70. The above may be added principles of justice and equity, decisions of
foreign tribunals, opinions of text writers , and religion

A. Constitution

B. Other sources

C. Custom

D. Legislation

71. The diligence required necessarily depends upon the nature of the
obligation and corresponding with the circumstances of the person of the
time and of the place.

A. Factors to be considered

B. Reason for debtor's obligation

C. Another standard of care

D. Diligence of a good father

72. The creditor has a right to the fruits of the thing from the time the
obligation to deliver it arises. however he shall acquire no real right over it
until the same has been delivered to him.

A. Deliver the thing itself

B. Deliver the accession and accessories

 C. Industrial fruits

D. Deliver the fruits of the thing

73. The right or power of a person to demand from another as a definite

passive subject the fulfillment of the latter's obligation to give to do or not to
do.

A. Real right

B. Personal right

C. Specific obligations

D. Generic real obligation

74. Those obliged to deliver or to do something incur in delay from the time
the obligee judicially demands from them the fulfillment of their obligation.

A. Negligence

B. Fraud

C. Delay (mora)

D. Incidental fraud

75.If S entered into a contract of sale with B to deliver a specific horse on a

certain day and the horse died through the negligence of S before delivery,
S is liable for damages to B for having failed to fulfill a pre-existing
obligation contract may be either or implied because of his negligence.

A. Culpa contractual

B. Culpa aquiliana

C. Culpa criminal
D. All of the bove

76. Which cannot be foreseen or which though foreseen is inevitable. stated

otherwise it is an event which is either impossible to foreseen or impossible
to avoid.

A. Damages

B. Fortuitous event

C. Ordinary Fortuitous

D. Extra-ordinary Fortuitous

77. They refer to what is called majeure or those events which are totally
independent will of every human being.

A. Acts of man

B. Ordinary fortuitous

C. Acts of God

D. Extra-ordinary fortuitous

78. It strictly speaking fortuitous event is an event independent of the will of

the obligor but not of other human wills.

A. Ordinary fortuitous

B. Extra-ordinary fortuitous

C. Acts of God

D. Acts of man

79. In what article this belong. There is prima facie presumption of

negligence on the part of the defendant if the death or injure results from
his possession of dangerous weapons or substances, such as firearms and
poison, except when the possession or use thereof is indispensable in his
occupation or business.

A. Article 2187

B. Article 2188

C. Article 2189

D. Article 2190

80. In a proper case the debtor or obligor may also be made liable for
damages which represent the sum of money given as a compensation for the
injury or harm suffered by the creditor or obligee he who has the right to the
performance of the obligation for the violation of his rights.

A. Juridical necessity

B. Civil obligation

C. Natural obligation

D. Passive subject

81. The obligation to pay taxes, obligation to support one's family.

A. Law

B. Contracts

C. Quasi-contracts

D. Quasi-delicts

82. The obligation to repay a loan or indebitedness by virtue of an

agreement.
 A. Quasi-delicts

B. Law

C. Quasi-contracts

D. Contracts

83. Demand is not necessary to incur delay when:

A. Creditor refuses the performance without just cause

B. The debtor is guilty of non-performance

C. Time is the controlling motivate

D. If the obligation bears interest.

84. It is promulgated and enforce by the state.

A. Law in the none legal sense

B. Natural law

C. Law in the strict legal sense

D. Moral Law

85. Law in which is not promulgated and enforce by the state.

A. Law in none legal sense

B. Natural law

C. Law in the strict legal sense

D. Moral law

86 .Is the failure to perform an obligation on time which failure constitute a

breach of the obligation.
 A. Legal delay
B.Delay
C .Ordinary delay
D. Mora Solvendi

85. This is the word as used in the law, which is not be understood
according to the meaning of common parlance.

A. Legal delay

B. Delay

C. Ordinary delay

D. Default or mora

86. Is merely the failure to perform an obligation on time.

A .Ordinary delay

B. Legal delay

C. Delay

D. Default or mora

87. Is the law of religion and faith which concerns it self with the concept of
sin and salvation.

A. Natural law

B. Moral law
C. Divine law

D. Obligation

88. The kind of law ,however ,which particularly concerns us in this work or
the law that is promulgated and enforced by the state.
 A. Binding force

B. Concern of state law

C. General sense

D. State law

89. As a rule of action only state law is enforced by the state ,with the aid of
its physical force ,if necessary.

A. Binding force

B. Other terms used

C. Physical law

D. Sanction

90. Is considered as a positive command imposing a duty to obey and

involving a sanction which forces obedience.

A. It is obligatory

C. It is the rule of conduct

B. Physical law

D. Divine law

91.The characteristics of law tell us what shall be done and what shall not
be done.

A .It is a rule of conduct

C. Source of law
B. It is obligatory

D. In its specific sense

92. That which binds or connects the parties to the obligations.

A.A juridical or legal tie

B. Objects or prestation

C. passive subject

D. Form of obligation

ANSWER A

93. The person who is entitled to demand the fulfillment of the obligation
,he who has a duty.

A. An active subject

B. Object or prestation
C. A passive subject
D. Form of obligation

94. The person who is bound to the fulfillment of the obligation.

A. Real obligation

B. A passive subject

C. An active subject

D. A juridical or legal tie

95. Refers to the manner in which an obligation is manifested or incurred.

A. Form of an obligation

B. An active subject

C.A passive subject

 D. Source of law

96.The act of performance which the law is enforce.

A.Obligation
B. Personal obligation
C. Natural law
D. Divine law

97. In which the subject matter is a thing which the obligor must deliver to
the oblige.

A. Personal obligation
B. Real obligation
C. Negative personal obligation
D. Positive personal obligation

98. It is one of the personal obligation to do or render services.

A. Positive personal obligation

B. Personal obligation
C. Negative personal obligation
D. Real obligation

99. It is a personal obligation not to do I which naturally includes obligation

“not to give”.

A. Positive personal obligation

B. Personal obligation
C. Negative personal obligation
D. Real obligation

100. When they arise from civil liability which is the consequence of a
criminal offense.
A. Crimes or acts or omission punished by law

B. Obligation

C .Quasi-delicts

D. Law