Article 1156 of the Civil Code defines an obligation as a.

a. Juridical necessity to do or not to do.

b. Juridical necessity to give or not to give.
c. Juridical necessity to give, to do or not to do.
d. Juridical necessity to give, not to give, to do or not to do.

Which of the following statements best describes a negative obligation.

a. It refers to an obligation which consists of giving or doing something.
b. It refers to an obligation which consists to the delivery or giving of personal or real object.
c. It refers to an obligation which consists of doing a particular prestation but not delivery of an object.
d. It refers to an obligation which consist of abstaining from some act.

The following are the essential elements of an obligation EXCEPT

a. An active subject, who has the power to demand prestation, also known as the obligee or creditor
b. A passive subject, who is bound to perform the prestation, also known as the obligor or debtor
c. Object or prestation, which is the promise or particular contract to be performed in the performance

of an
obligation, and may consist of giving, doing or not doing a thing.
d. Efficient cause, the tie which binds the parties to the obligation as juridical tie or vinculum.
e. The form in which the obligation is manifested.

Among the essential elements of an obligation, which are considered the personal element.
a. Obligee and obligor
b. Prestation and vinculum
c. Obligee and vinculum
d. prestation and obligor

The following statements concerning an obligation are correct, EXCEPT

a. The obligation to give is one in which the prestation consists in the delivery of a movable or an
immovable thing.
b. The obligation not to give is a positive obligation.
c. The obligation to do includes all kinds of work or services
d. The obligation not to do consists in abstaining from some act

The following are the requisites of a prestation or object of an obligation EXCEPT

a. It must be possible, physically, and juridically.
b. It must be determinate, or at least, determinable according to pre-established elements or criteria.
c. It must have possible equivalent money.
d. it must be a positive obligation only.

The following are examples of vinculum, EXCEPT

a. Relation established by law.
b. Relation established by contract.
c. Relation established by natural obligation
d. Relation established by quasi contract or quasi-delict

Which of the following statements concerning the distinctions between civil obligations and natural obligation are
TRUE?
I. Civil obligations derive their binding force from positive law, while natural obligations derive their
binding effect
from equity and natural justice
II. Civil obligations can be enforced by court action or the coercive power of public authority, while the
fulfillment of natural obligations cannot be compelled by court action but depends exclusively upon the good
 conscience
of the debtor a. I only
b. II only
c. Both I and II
d. Neither I and II

The following are examples of natural obligations that cannot be enforced by court action but depends upon the
voluntarily fulfillment of debtor, EXCEPT.
a. The obligation of a debtor to pay a loan evidenced with a contract of loan but a period of 10 years

have
already lapsed from maturity date without demandfrom creditor
b. The obligation of a debtor to reimburse a third person who has paid the debtors obligation after it

has
already lapsed.
c. The obligation of a testate or intestate heir to pay the debt of a decedent beyond the value of the
property
which he received by will or by the law of intestacy from the estate from the estate of the deceased.
d. The obligation of the employer of a"kasambahay" to pay the 13th month pay of the latter.

The following are the sources of civil of obligation demandable in a court of law, EXCEPT.
a. Law
b. Contract
c. Religious doctrine
d. Quasi delictsd

Which of the following statements concerning obligations arising from law is incorrect
a. Only obligations expressly determined in the Civil Code or in special laws are demandable.
b. The obligations derived from law are presumed.
c. The law cannot exist as a source of obligations, unless the acts to which its principles may be applied
exist.
d. The obligations and correlative rights arising from law shall be governed by the law by which they

are created.

The obligations of the parents to provide support to their children arises from
a. Law
b. Contract
c. Quasi contracts
d. Quasi delicts

Which of the following statements concerning obligations arising from contracts are
correct. I. Obligations arising from contracts have the force of law between contracting
parties. II. Obligations arising from contracts should be complied with in good faith.
a. I only
b. II only
c. Both I and II
d. Neither I and II

It is a juridical relation which arises from certain lawful, voluntary and unilateral act, to the end that no one may
be unjustly enriched or benefited at the expense of another.
a. Delict
b. Quasi contract
c. Contract
d. Quasi delict

Which of the following statements concerning the kinds of quasi-contract is correct?

I. Negotiorum Gestio refers to the voluntary management of the property or affairs of another without the
knowledge or consent of the latter.
II. Solution Idebiti refers to the juridical relation which is created when something is received when there is
no right to demand it and it was unduly delivered through mistake.
a. I only
b. II only
c. Both I and II
d. Neither I and II

The following examples quasi-contracts, EXCEPT.

a. A person takes charge of the agency or management of business or property of anothe with authority

or
consent of the latter.
b. A person receives something when there is no right to demand it or it was unduly delivered through
mistake.
c. A stranger gives suppoert to a child of another person without the knowledge of the person obliged

to give
support.
d. A person saves the property of another person during fire, flood, storm or other calamity without the
knowledge of the owner.

What is the nature of the responsibility or liability of two or more officious manager in a negotiorum gesto?
a. It shall be solidary unless the management was assumed to save the thing or business from imminent
danger.
b. It shall be joint unless the management was assumed to save the thing or business from imminent

danger.
c. It is always solidary.
d. It is always joint.

The officious manager in a negotiorum gestion shall be liable for any fortuitous event in any of the following
instances, EXCEPT.
a. If he undertakes risky operations which the owner was not accustomed to embark upon.
b. if he has preferred his own interest to that of the owner.
c. if he fails to return the property or business after demand by the owner.
d. if he assumed the management in good faith.

In which of the following instances wil negotiorum gestio arise?

a. When the property or business is not neglected or abandoned.
b. If in fact the manager has been tacitly authorized by the owner.
c. Neither A nor B
d. Either A or B.

What is the nature of responsibility or liability of two or more payees when there has been payment of what is not
due?
a. Solidary
b. Joint
c. Pro-rata
d. Subsidiary

A.
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event
unknown to the parties, is demandable at once. This refers to A. Divisible and indivisible obligations. B. Joint
and solidary obligations
C. Obligations with a period.
D. Pure obligation

Demandable at once –
A. Conditional obligation C. Obligation with a period
B. Pure obligation D. Alternative obligation

One of the following is not a pure obligation –

a. I promise to pay you P500,000.
b.I will give you P50,000 if you will pass the CPA Board Examination this year.
C. I will pay you P100,000 on demand.
D. I obliged you to give a specific car.

If the obligation of the debtor is “I will pay you my debt after I have arrived from abroad”, this is
A. Unenforceable C. Void
B. With a period D. Conditional

If the obligor binds himself to perform his obligation as soon as “he shall have obtained a loan” from a certain
bank, this obligation is:
A. With a term C. Suspensive
B. Conditional D. Resolutory

The obligation is demandable on the date of the obligation and shall continue to be in force up to the arrival of
the day certain
A. Resolutory period C. Indefinite period
B. Suspensive period D. Legal period

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be
A. Voidable C. Valid
B. Unenforceable D. Void

When the debtor binds himself to pay when his means permit him to do so, the obligation is –
A. Conditional C. Simple
B. Pure D. With a period

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of:
A. Both the creditor and the debtor C. The debtor
B. The third party D. The creditor

The debtor loses the benefit of the period, and his obligation becomes demandable when
A. Demand by the creditor would be useless.
B. The guarantees as promised and delivered by the debtor are not acceptable to the creditor.
C. After contracting the obligation, the creditor suspects that the debtor is becoming insolvent.
D. The debtor attempts to abscond.

Facultative as distinguished from alternative obligation

A. The right of choice is given only to the debtor.
B. Various things are due, but the giving of one is sufficient.
C. If one of the prestations is illegal, the others may be valid and the obligation remains.
D. It is impossible to give all except one, that last one must still be given.

In an obligation where only one prestation has been agreed upon, but to extinguish the obligation, the debtor is
allowed and does render another substitute, the obligation is
A. Facultative obligation C. Alternative obligation
B. Simple obligation D. Conjoint obligation

An obligation wherein various things are due but the complete performance of all of them is necessary to
extinguish the obligation
A. Facultative obligation C. Alternative obligation
B. Simple obligation D. Conjoint obligation

A.
 B.

In a joint obligation, A, B and C are debtors of joint creditors, D, E and F in the amount of P180,000. A’s
obligation
is
A. Pay D P60,000 C. Pay D P120,000
B. Pay D, E and F P180,000 D. Pay D P20,000

X, Y and Z joint debtors owe P18,000 to A, B and C, solidary creditors. How much can B collect from X?
A. P 3,000 C. P9,000
B. P18,000 D. P6,000

Which of the following is not a characteristic of a joint indivisible obligation? A.

The creditor must proceed against all the debtors.
B. Each of the debtor can be held liable to pay for the entire obligation.
C. If any of the debtor be insolvent, the others shall not be liable for his share.
D. Demand must b made to all the debtors.

A, B and C secured a loan from D. the promissory note which evidence the obligation states: “ I promise to pay
or order P10,000 payable on demand”. (Signed) A B C. the obligation is:
A. Solidary C. Indivisible
B. Divisible D. Joint

A and B are joint debtors of joint creditors C, D, E and f in the amount of P200,000. How much can D and E
collect from A?
A. P200,000 C. P100,000
B. P 25,000 D. P50,000

Which of the following statement is false?

A. Obligations to give definite things and those that are not susceptible of partial performance
shall be deemed to be divisible.
B. Execution of a certain number of days of work shall be divisible.
C. Accomplishment of work by metrical units are divisible.
D. An obligation to pay a certain amount in ten annual installments is divisible.

Which of the following is an indivisible obligation?

A. Execution of a certain number of days of work.
B. Accomplishment of work by metrical units.
C. Susceptible of partial performance.
D. To give definite things.

The indivisibility of an obligation necessarily implies solidarity.

If the contract is entire and a part is illegal, the whole contract in unenforceable.
A. True; False C. False; False
B. False; True D. True; True

In obligations with a penal clause, the creditor as a rule may recover from the debtor in case of non-compliance
the following:
A. The principal, the penalty as agreed upon, plus damages and interest.
B. The principal, the penalty, plus interest.
C. The principal and the penalty.
D. The principal, the penalty and damages.

A obligated himself to pay B the amount of P30,000, 30 days after May 1, 2011 plus a penalty of P3,000 if he
fails to pay the obligation on due date. After demand for payment by B, A offered to pay on July 30, 2011. B can
demand from A –
A P30,000 plus P3,000 plus legal interest.
 B P30,000 plus legal interest.
C. P30,000 plus P3,000.
D. P30,000 plus P3,000 plus legal interest plus damages.

Any of the debtors is bound to render compliance of the entire obligation.

A. alternative C. joint
B. facultative D. solidary

In a joint obligation, joint means any of the following, except

A. pro-rata C. mancomunada simple
B. proportionate D. individually and collectively

In Facultative obligations, if substitution has been made, which of the following is false?
A. The obligation is extinguished.
B. The loss of the original prestation is immaterial.
C. The obligation is converted into a simple obligation.
D. The obligation ceases to be facultative.

Using the preceding number, and the substitute is lost by a fortuitous event, which is true? A.
The obligation is extinguished.
B. The debtor is liable for damages.
C. The original prestation must be given.
D. The debtor must give another object which is equally satisfactory.

Using the preceding number, but the substitute is lost due to debtor’s fault, which is true? A.
The obligation is extinguished.
B. The debtor is liable for damages.
C. The original prestation must be given.
D. The debtor must give another object which is equally satisfactory.

Instances where the law imposes solidary liability, except A.

obligations arising from tort.
B. obligations of bailees in commodatum.
C. liability of principals, accomplices and accessories of a felony.
D. liability of partners arising out of a contract.

This will result to a solidary liability

A. vitiated consent on the part of one of the debtors.
B. insolvency of one of the debtors.
C. default on the part of one of the debtors.
D. quasi-delict commited by one of the partners acting in the ordinary course of business.

Where only one prestation has been agreed upon, but the obligor may render another in
substitution, the obligation is
A. Alternative C. Conjoint
B. Facultative D. Solidary

Where two or more prestations have been agreed upon, and all of them must be performed,
the obligation is
A. Alternative C. Conjoint
B. Facultative D. Solidary

A.
 B.

A and B are solidary debtors of C and D, solidary creditors, to the amount of P1,000. C can
demand
A. P1,000 from A or P1,000 from B C. P500 from A or P500 from B
B. P1,000 from A and P1,000 from B D. P500 from A and P500 from B

A and B solidary debtors of C and D, joint creditors, to the amount of P1,000 – C can
demand
A. P1,000 from A or P1,000 from B C. P500 from A and P500 from B
B. P500 from A or P500 from B D. P250 from A and P250 from B

A and B joint debtors of C and D, solidary creditors, to the amount of P1,000 – C can
demand
A. P1,000 from A or P1,000 from B C. P500 from A and P500 from B
B. P500 from A or P500 from D. P250 from A and P250 from B

A and B are joint debtors of C and D, joint creditors, to the amount of P1,000 – C can
demand
A. P500 from A or P500 from B C. P250 from A and P250 from B
B. P250 from A or P250 from B D. P500 from A and P500 from B

This is synonymous to joint obligation

A. Joint and several C. Individually and collectively
B. In solidum D. Mancomunada simple

This is synonymous to solidary obligation

A. Pro-rata C. Proportionate
B. Mancomunada D. Juntos o separadamente

A, B and C are joint debtors of D for P3,000.If A is insolvent, how much should B pay D?
A. P1,000 C. P2,000 B.
P1,500 D. P3,000

In 2007, A, B and C bound themselves in solidum to give D P9,000 subject to the following conditions: A will
pay in 2007, B, if D passes the 2008 CPA board exams and C will pay in 2009. In 207, how much can D
demand from C?
A. P9,000 C. P3,000
B. P6,000 D. P0

A, B and C are solidary debtors of D for P3,000. D remitted C’s share. A therefore paid
later only P2,000. A can recover reimbursement from B in the amount of
A. P1,000 C. P500
B. P1,500 D. P0

Using the preceding number, if B is insolvent, A can recover from C the amount of
A. P1,000 C. P500
B. P1,500 D. P0

A, B and C are solidary debtors of D for P1,000. D remitted the entire obligation when A
offered to pay. A can demand reimbursement from B in the amount of
 A. P1,000 C. P333
B. P500 D. P0

A, B and C are solidary debtors of D for P3,000 but A was incapacitated to give his consent
as he was a minor. If D sues B, how much will B be liable for?
P3,000 C. P1,000
P2,000 D. P 0

Using the preceding number, if D sues A, how much will A be liable for?
A. P3,000 C. P1,000
B. P2,000 D. P 0

A is indebted to solidary creditors B, C, and D, for P90,000. Without the knowledge of B

and C, D remitted the obligation of A, as a result,
A. The obligation of A to pay P90,000 is extinguished.
B. The obligation is not extinguished because there is no consent from B and C.
C. The obligation is extinguished only up to P30,000.
D. The obligation is extinguished up to P60,000.

A, B and C borrowed P6,000 from D and E, payable in 3 months with A giving in pledge
her diamond ring as security for the amount borrowed. How much can E collect from C?
A. P1,000 C. P3,000
B. P2,000 D. P6,000

A is obliged to give B her college ring. If she fails to do so, she must give P10,000. This is
A. Alternative obligation
B. Conjoint obligation
C. Facultative obligation
D. Obligation with a penal clause

Where the penalty takes the place of indemnity for the damages and for the payment of
interest.
A. Where there is stipulation to the effect that damages or interest may still be recovered,
despite the presence of the penalty clause.
B. When the debtor refuses to pay the penalty imposed in the obligation.
C. When the debtor is guilty of fraud or dolo in the fulfillment of the obligation.
D. Where there is breach of the obligations.

This is an obligation with a resolutory obligation.

A. I’ll give you P10,000 if you pass the 2009 CPA board examination.
B. I’ll give you my car now, but should you fail in any of your subjects, your ownership will
cease and it will be mine again.
C. I’ll give you P10,000 on December 31, 2009.
D. I’ll give you P10,000 if A dies of TB.

What degree of evidence must be proved by the palintiff in order to recover civil damages based on contract
or quasi delict?
a. Proof beyond reasonable doubt.
b. Clear and convincing evidence.
c. Preponderance of evidence.
d. Substantial evidence.

A.
 B.

In the presecution of the crime of criminal negligence, the accused is acquitted on the ground of failure of the
prosecution to prove his guilt beyond reasonable doubt. May the private offended party file another ivil case
based on quasi-delict?
a. No because the private offended party is barred by the principle of res judicata.
b. Yes because crime ad quasi-delict are distinct and seperate sources of civil liability.
c. No because the accused shall not be subject to double jeopardy
d. Yes only if there is a contract between the contending parties.
It refers to a source of an obligation wherein a person by act or omission causes damage to another, there
being fault or negligence.
a. Contract
b. Quasi contract
c. Quasi delict
d. Delict

The following are the requisites in order that liability for quasi delict may exist, EXCEPT
a. There is pre-existing relation between the offender and offended partires.
b. There exists a wrongful act or omission imputable of the defendant by reason of his fault or
negligence.
c. There exists a damage or injury which must be proved by the person caliming recovery.
d. There must be a direct causal connection or a relation of cause and effect between the fault or
negligence
and the damage or injury, or that the fault or negligence be the cause of the damage or injury

Negligence or culpa which results to civil liability arising from quasi-delict is also known as
a. Culpa Criminal
b. Culpa Aquiliana
c. Culpa Contractual
d. Culpa Liberal

The following are the distinctions between quasi-delict and crime, EXCEPT
a. The right violated by a quasi-delict is a public right while the right violated by a crime is private
right.
b. Every quasi-delict gives rise to liability for damages to the injured party but there are crimes

from which
no civil liability arises.
c. Criminal Liability can never be compromised except in criminal negligence but liability from

quasi delict can

be compromised.
d. In order to prove crime, proof beyond reasonable doubt is required but in order to prove

negligence in
quasi-dellict, only preponderance of evidence is needed.

In case of tort, when will the plaintiff or injured party be barred from recovering damages?
a. When the reason of the injury is fortuitous event but with contributory negligence of tortfeasor
b. When plaintiffs own negligence was the immediate and proximate causeof his injury.
c. When plaintiffs negligence was only contributory, the immediate and proximate cause of the

injury being
the defensants lack of due care.
d. When the immediate and proximate cause of his injury is the negligence of the fortfeasor

The obligation arising from torts or quasi-delict is demandable not only for ones own acts or omissions, but
also for those of persons for whom one is responsible. The following are persons who are liable for the torts
committed by persons under their responsibility, EXCEPT.
a. The father and in case of his death or incapacity, the mother, are responsible for the damages

caused by
 the minor children who live in their company.
b. The owners and managers of an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are employed or
on the

occasion of
their functions
c. Employers shall be liable for the damages caused by their employees and household helpers

acting within
the scope of their assigned tasks, even though the former are not engaged in any business or
industry
d. Teachers or heads of establishments of arts and trades shall be liable for damages caused their

pupils
and students or apprentices who outside their custody.

How shall persons enumerated under preceding number exempt themselves from responsibilities arising
torts committed by persons under their responsibility?
a. By providing they exercise extraordinary diligence to prevent damages.
b. By providing that they observed all the diligence of a good father of a family to prevent

damages.
c. By providing that there is no contract between the plaintiff and defendant.
d. By providing that guilt is not proven beyond reasonable doubt.

What is the nature of liability of two or more persons who are liable for quasi delict or tort?
a. Solidary
b. Joint
c. Pro-rata
d. Proportionate

Which of the following statements concerning quasi-delict or tort is oncorrect?

a. Provinces, cities municipalities shall be liable for damages for the death of, or injuries
ssuffered
by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other
public works under their control.
b. The possessor of an animal or whoever may make use of the same is responsible for the
damages which it may cause, although it may escape or be lost. This responsibility shall
cease only

in case the damage should come from force majeure or from fault of the person who suffered
damages.
c. In motor vehicle mishaps, the owner solidarily liable with his driver, if the former, who was
in the vehicle, could have by the use of the due diligence, prevented the misfortune. It is
disputably

presumed that a driver was negligent, if he had been found guilty of reckless driving or violating
traffic regulations at least twice within the next preceding two months.
d. The head of a family that lives in a building or a part thereof, is responsible for damages

caused by things thrown or falling from the same.