TEST SAMPLE 1 a.

The debt is due and demandable

OBLIGATIONS AND CONTRACTS b. There is a failure of the debtor to collect his own
debt from 3rd persons either through malice or
Multiple Choice Questions in Obligations and negligence
Contracts c. The debtor's assets are insufficient
d. The debtor has performed an act subsequent to the
I. contract, giving advantage to other persons
1. It is the juridical relation resulting from lawful,
voluntary, and unilateral acts by virtue of which the 8. It causes the extinguishment or loss of rights
parties become bound to each other to the end that already acquired upon the fulfillment of the condition,
no one shall be unjustly enriched or benefited at the that is, the happening of the event which constitutes
expense of another. the condition. In other words, the fulfillment of which
will extinguish an obligation (or right) already
a. Agreement b. Vinculum juris existing.
c. Contracts d. Quasi-Contracts
a. Condition subsequent b. Suspensive
2. This takes place when something is received when c. Facultative condition d. Positive condition
there is no right to demand it, and it was unduly
delivered thru mistake. 9. When the thing deteriorates with the debtor’s
fault, the creditor may choose one of the following:
a. Solutio Indebiti b. Negotiorum Gestio
c. Vinculum juris d. Prestation a. Mutual restitution
b. Rescission (cancellation) of the obligation with
3. This happened when the creditor make a demand indemnity for damages
and the obligor fails to deliver the thing. c. Suffer the deterioration of the thing
d. Institute an action for negligence.
a. Negligence b. Mora solvendi
c. Mora accipiendi d. Compensatio morae 10. It is a future and certain event upon the arrival of
which the obligation (or right) subject to it either
4. Demand is not necessary to incur delay when: arises or is terminated.

a. Fortuitous events b. Condition

a. Creditor refuses the performance without just
c. Period d. Date and time
cause.
b. The debtor is guilty of non-performance.
c. Time is the controlling motive II.
d. If the obligation bears interest 1. When the debtor binds himself to pay when his
means permit him to do so, the obligation is:
5. In what instance may we consider that there is no
delay? a. Conditional b. Pure
c. Simple d. With a Period
a. In civil obligations
b. In positive obligation 2. Contracts which cannot be sued upon unless
c. In obligation arising from crime ratified, thus it is as if they have no effect yet are:
d. In natural obligation
a. Voidable b. Rescissible
6. In Accion subrogatoria the creditor may exercise all c. Void d. Unenforceable
of the rights and bring all of the actions which the
debtor may have against third persons if:
3. If the obligation of the debtor is "I will pay you my
a. If the account is personal debt after I have arrived from abroad," this is
b. The debtor's acts are fraudulent
a. Unenforceable b. With a Period
c. The debtor has performed an act subsequent to the
c. Void d. Conditional
contract, giving advantage to other persons
d. Creditor must have the right of return against
4. When the characters of the creditor and the
debtor
debtor are merged in one and the same person,
there is extinguishment of the obligation by:
7. In Accion Pauliana Rescission, which involves the
right of the creditor to attack or impugn by means of a. Compensation b. Merger of Rights
rescissory action any act of the debtor which is in c. Novation d. Remission
fraud and to the prejudice of his rights as creditor
provided:
5. Through insidious words or machinations, A was 4. When the characters of the creditor and the
able to induce B to enter into a contract which debtor are merged in one and the same person, there
without them B would not have agreed to it. There is: is extinguishment of the obligation by:

a. Undue Influence b. Fraud a. Compensation b. Merger of Rights

c. Mistake d. Misrepresentation c. Novation d. Remission

6. "A sells to B his lot and house in the city if A 5. Through insidious words or machinations, A was
decides to transfer and live in the countryside" is an able to induce B to enter into a contract which
example of: without them B would not have agreed to it. There
is:
a. Mixed Condition b. Potestative Condition
c. Casual Condition d. Resolutory Condition a. Undue Influence b. Fraud
c. Mistake d. Misrepresentation
7. It is a mode of extinguishing an obligation when two
persons in their own right are creditors of each other. 6. "A sells to B his lot and house in the city if A
decides to transfer and live in the countryside" is an
a. Confusion b. Reformation example of:
c. Compensation d. Novation
a. Mixed Condition b. Potestative Condition
8. A contract is in the stage of conception when: c. Casual Condition d. Resolutory Condition

a. There is meeting of the minds. 7. It is a mode of extinguishing an obligation when

b. Negotiations are in progress. two persons in their own right are creditors of each
c. The parties come to an agreement. other.
d. The contract is perfected.
a. Confusion b. Reformation
9. If the obligor binds himself to perform his c. Compensation d. Novation
obligation as soon as "he shall have obtained a
loan" from a certain bank, this obligation is: 8. A contract is in the stage of conception when:

a. With a Term b. Conditional a. There is meeting of the minds.

c. Suspensive d. Resolutory b. Negotiations are in progress.
c. The parties come to an agreement.
10. Contracts entered into in a state of drunkenness or d. The contract is perfected.
during a hypnotic spell are:
9. If the obligor binds himself to perform his
a. Void b. Valid
obligation as soon as "he shall have obtained a
c. Voidable d. Legal
loan" from a certain bank, this obligation is:
III.
a. With a Term b. Conditional
1. When the debtor binds himself to pay when his
c. Suspensive d. Resolutory
means permit him to do so, the obligation is:
10. Contracts entered into in a state of drunkenness
a. Conditional b. Pure
or during a hypnotic spell are:
c. Simple d. With a Period
a. Void b. Valid
2. Contracts which cannot be sued upon unless
c. Voidable d. Legal
ratified, thus it is as if they have no effect yet are:
11. Delay in the giving or delivering of a thing
a. Voidable b. Rescissible
c. Void d. Unenforceable
a. Mora solvendi ex re
b. Mora solvendi ex persona
3. If the obligation of the debtor is "I will pay you my
c. Mora accipiende ex re
debt after I have arrived from abroad," this is
d. Mora accipiende ex persona
a. Unenforceable b. With a Period
12. Which of the following statements is false?
c. Void d. Conditional
a. Obligations to give definite things and those that
are not susceptible of partial performance shall be
deemed divisible.
b. Execution of a certain number of days of work shall
be divisible.
c. Accomplishment of work by metrical units is
divisible
d. An obligation to pay a certain amount in ten annual
installments is divisible.
13. This contract is without effect unless ratified:
19. When a third person assumes the payment of the
obligation even without the knowledge and consent of
the debtor but with the consent of the creditor
a. There is novation
b. There is delegation if debtor is released
c. There is subrogation
d. There is expromission if debtor is released

a. Marriage between first degree cousins
b. Contract of sale between two insane persons
c. Contract of sale between husband and wife
d. Donation between husband and wife
14. Which of the following contracts is not void ab
initio?
a. Those whose object is outside the commerce of
men
b. That whose object did not exist at the time of
transaction
c. That which contemplates an impossible service
d. That which is undertaken in fraud of creditors
15. Rescission of contract can take place in this case
20. Which of the following is not an element of legal
compensation?
a. Debts to be compensated are due and demandable
b. There is controversy or adverse claim over any
debts to be compensated
c. There are two or more debts of the same kind
d. There are two or more persons who are creditor or
debtors of each other.
IV.
1. Why is it important that obligation in contracts be
faithfully fulfilled?
2. How do you apply the laws on obligations and
contracts to everyday activities and business dealings?

a. When the thing which is the object of the

contract is legally in the possession of a third
person who acted in bad faith
b. When he who demands rescission can return
whatever he may be obliged to restore
c. When the party seeking resolution can perform only
as to part and as to remainder
d. When the seller cannot return the installments paid
to him by the buyer

16. A defective contract where damage or lesion is

essential

a. Rescissible b. Voidable
c. Unenforceable d. Void

17. An instrument may be reformed

a. Simple donations inter vivos wherein no condition is

imposed
b. Wills
c. When the instrument does not express the true
intention of the parties due to mistake
d. When the real agreement is void

18. Three of the following contracts are void. Which

one is not?

a. Oral contract of partnership of three partners

and capital contribution is more than P3,000 in
cash
b. Written contract contemplating impossible services
c. Oral contract of partnership where real estate is
contributed as capital
d. Agent's authority to sell land is given orally.
Source:
https://www.studocu.com/ph/document/adventist-
university-of-the-philippines/law-on-obligations-
contracts/practical/kupdf-practice-qs-on-
oblicon/5330220/view
TEST SAMPLE 1 ANSWERS: our daily activities, we apply it unknowingly, but
I. II. III. instinctively, depending on one's value.
1. D 1. D 1. D 11. A
2. A 2. D 2. D 12. A
3. B 3. D 3. D 13. B
4. C 4. B 4. B 14. D
5. A 5. B 5. B 15. B
6. D 6. B 6. B 16. A
7. D 7. C 7. C 17. C
8. A 8. B 8. B 18. A
9. B 9. B 9. B 19. D
10. C 10. C 10. C 20. B

IV.

1. Answer: Laws are enacted to have order (or

require the performance of a particular action to
achieve the same) Since the terms and conditions
of a contract are considered the governing laws
between parties, it is necessary to faithfully fulfill
one's obligation, that is, to avoid the occurrence of
dispute. Hence, why do we have to fulfill our
obligations, that is to achieving order between the
parties to the contract.

2. We apply laws on obligations and contracts

unconsciously to our daily activities. One will not
notice that in performing a simple common task
you have applied several principles on obligations
and contracts. Like, for example, buying a piece of
pandesal, the buyer will offer to buy and the seller will
accept. At this point, once the seller and buyer
agrees to the object and price, and their minds
have met; each of them will not just rescind or
refuse to comply. Even without knowledge of law, one
will not just back out from the perfected sale.

Then, after the perfection of the contract of sell;

unknowingly, they will go on to consummate the
same. The buyer will hand the money and the
seller, in return, will hand over the pandesal. A
clear example of reciprocal obligations, isn't?

If the money given is more than the price of the

pandesal, the seller will give the change. That is
because he knows no one should be enriched at the
expense of another; hence, he has the obligation to
return what is not due him. Likewise, if what was
delivered to the buyer is more than what he paid
for, he will return the same under the same
principle, creating an implied obligation to return.

In a simple, but very common, transaction, the

parties are not aware that they are applying the basic
principles of law on obligations and contracts. They
might not be well versed, or even, have not had Source:
any formal education, yet they apply these simple
https://www.studocu.com/ph/document/adventist-
principles of law unconsciously. Thus, If you ask:
university-of-the-philippines/law-on-obligations-
how we apply laws on obligations and contracts on
contracts/practical/kupdf-practice-qs-on-
oblicon/5330220/view