TN? Ion= of obligations which is a rule of conduct, just and obligatory, promulgat‘:,d by lzgitimatz~authorities for common good, benefit and observanceFae Contracts b. Quasi-contracts c. Delicts d. LAW

Ajtridical necessity to give, to do or not to doa, Civil 'obligation b. Natyral obligation c. Monti obligation

Social obligation

They give a right of action to compel their performancea. civil obligation b. moral obligation c. natural obligation d. social obligation

.4 The obligee has a right to enforce,the obligation against the obligor in a court of lawa., civil obligation b. moral obligation , c. natural obligation d. 3°60 obligation

. • 5; This is based on equity and justicea, civil obligation b. moral obligation c, natural obligation d. social obligation

6. The person in whose favor the obligation is consti tineda. Obligor b. Obligee c. P•s!ii ve subject d. Dthtor

7. Synonymous to obligee1: Creditor 2. Active stibjel • • Dj.tor 4. P.6ss.' , subject

a. and 2 b. 1 and 4 c. 2 anc_. T;

8. The person who has the duty of giving, do,ng or not kinga. Obligee b. Obligor e. Act; subject

d 9. Synonymous to ubligor1.) Creditor 2. Active subject

a. 1 and 2 b. 1 and 4

10.The object or subject matter of the obligationa. Prestation b. Vinculum

3. Del.-)tor 4. Pv..ssi...ec. 2 and 3 d. and 4

• c. Active subject J. P:lssive subjek:

11. The efficient cause or juridical tie why the obligation existsa. Active subject b. Passive Subject c. Prestation Ll. Vinculum

9 12. The. duty not to recover what has voluntarily been paid although paymat was no ionwera. obligation b. Natural obligation c. Mord obligation, d. juridical

13. The following are sources of obligations derived from law, eNcepta. contracts b. 'quasi-contracts luasi-delicts

14. Cannot be enformi by court action and depend exclusively u•on ill^. good cons -.;e7icc of die debtor.a. civil obligation b. natural obligation c. inora: obligation d. -,ocial obligation

15. A owes B P1,000 .. A, knowing that the debt has prescribed neverth-;less, still wiys B. an A reco.ver•

ot, what he voluntarily paid?Eira,answer Yes, because P has no right IX) demand the pLyrnent effec:ed by A

5econd answer No, the payment extinguished the natuail obligation.

a.Both answers are correct c. Only the first is correct

b.Both answers are wrong d. Only the second is correct

16. The duty to pay taxes and to support one's Family are obligations arising from

IL Law b. Contracts c. Quasi contracts d. Delic:s

t7i Tliqrobligation of husband and wile to render mutuai help and support arises from4.. ::ontaTict b. law c quasi-contract d, quasi-delict

18. A supports 13, a minor because 13's father refuses to support B, The father is obliged to reimburse A.The source of obligation is„ a. contract b. quasi contract delict d. quasi — delict

19.: A jutidical relation resulting from a lawful, voluntary, and unilateral act and which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or henefited at the expense ofh another.

a-COntact b.Quasi-contract c. Delict d. Quasi-delict

20. When a person vOluntarily takes charge of another's abandoned business or property without the owner'sauthority where reimbursement must be made for necessary and useful expenses.

L' a. Quasi-contract' b. Quasi-delict e. Negotiorum gestio d. Solutio indehiti

a( 21. When something is received when there is nomistake, the recipient has the duty to return ita. Quasi -contract b. Quasi-delict

22. - A ouaskontract is an implied contract- A defendant who is acquitted in a criminala. true, true b. true, false

6 23. Tort or cuipa aqUiliar,a isa. Quasi-contract

right to demand it , and it was unduly delivered thru

c. Negotiorum gestio d. Solutio indebiti

b. Quasi-delict

case is no longer civilly0. false, true d. false, false

c. Negotiorina gestio d, Solutio indebiti

24. A fault or act or omission of care which causes claninge to :d other, there being no pre-existingcontractual relations between the partiesa. Quasi-contract b. Quasi-delict • c. Negotiorum gestio d. Solutio indehiti •

25. Orniasinn of the diligence which is required by the oircuinstances of person, place and.titnea. Ignorance b. Negligence c. Irrpotence

d. insanity

26. Unless the Jaw or the stipulation of the parties require another standard of care, every person obliged togive something is also obliged to take care of it with the proper diligencea. Ooserving utmost care c. Of a father of a good familyb. Observing extraordinary care d. Observing ordinary diligence

n, 27. Ordinary diligence isa. Diligence of a good father of a family • c. Diligence required by lawb. Extraordinary diligence d. Diligence of a father of a good family

IP 28. The creditor has a right to the fruits of the thinga. From the time the obligation to deliver it arises c. From the time there is meeting of the mindsb. From the time the fruits have been delivered d. From the perfectiou of the contract

29. From the time the fruits have been delivered, the creditor shnil tteilu ire

' P. Real right b. Personul right c. Moral rOit d. Iii.t:hoate right

CU, 30. If A sells to B a fountain pen, the giving by A to B of the fountain pen is

a. Actual tradition b. Constructive c. Symbolical tradition d. Traditio longa -manu

delivery

a/ 30. If A sells to B a fountain pen, the giving by A to B of the foUnt;lin pen is

a. Actual tradition b. Constructive c. Symboiical traditiondelivery

Traditio longa-manu

Items 31-35 A kind of constructive delivery whereby:

(k) 31. There is delivery when the keys of a warehouse are given

a. Traditio sinnbolica c. Traditio brevi-manu

b. Traditio longa-rnanu ci, Truditio constitutom possessorium

32. here is delivery by mere consent or the pointing out of the object.

a- Traditio, siraboi ica u. Tr adi ti brevi-manuBL-62-41 2

Tra4itio conga-manu -• . _ - . Traditio constitutora possessoriumA possessor of a thing not as an ()twice, becomes the posses so r as ownersumbolica•Traditio brevi• mannTraditio conga-mono

d. Traditio constitutom possesshriurn4.. A possessor of ft thing as an owner retains possession no

loiTcr as an owner, but in !'.orne ether capacii.a.,Tmditio simbolicab. Traditio conga-mane c. Trad it brevi - mono

Trail it;o eonstitutome opposite of brevi-manuLonga-manuSiraboliCa • Constitutom possessors um

d. QuiLsi.ttaditiona -fig is capable Of particular designationa. Generic . b. Specific • c. Indeterminate d . Indeterminable37. a thing refers to a class, to a genus

and cannot be pointed out with particularity.:Ge2neric b, Specific c. Determinate d. Itideterminable38 A wifo was about to deliver a

child. Her parents brought her to the hospital 'Wh6 should pay C leexpenses for medical attendance?Aatm_L

- The husband, because it is Ws duty to support his wife and support includes tned icalattendance.Zgmlysi:2

- The parents, because they were the persons,who brhe "wife" to

the hospital'Both answers are correct c. Only the first is correctought t

b. Both answers are not correct d. Only the second is corre.ct

39, The following are kinds of ftuits of an obligation, exceptMural b. industi jai civil d. penal6, 40. Spontaneous products of the soil

and.:he Offspiing and other products of animalf;a., natural b. industria. I C. civil d. penal

Friihn -r •...

,

41. Products of the soil through cultivation or intervention of human labor.• a. natural b. industrial c. civil d. pen:11

d. pen;11

42. Fruits arising out of contracts — like rental paymentsa., natural b, industrial c. civil d. penal

43. When does the obligation to deliver ariseInhere is nolerm or condition, then from the perfection of the contract

, „6riumr_2 If there is a term or condition, then from the moment the,term arrives or the conditionhappens

a. True, strue b. True, false c. False, iTLIC d. false, false

C. 44. A is obliged to give. B 10 kilos of sugar, which of the following is not correcta.B can demand that A obtain the sugar and deliver it to himb.B can just buy 10 kilos of sugar and charge the expenses to A

can insist on just pa.ying,B damages or the monetary value of the sugar• d,B may require another person to deliver the sugar and charge the expenses to A

45. Where demand by the creditor shall be necessary in order that delay may exista. When time is of the essence of the contractb. When demand would be uselessc. When the obligor has 'expressly acknowledged that he is in defaultd. When the obligor requested for an extension of time

46. Debtor's default in real obligation

a. Mora accipiendib. Mora solveudi ex -re

c. Mom )1ven(ii cx persona(I. Comp , nsatin roorap

c. Mora solvendi-ex personad. Compensatio morae

Mora solvendi ex personaCompensatio morae

t.: Mont solvendi ex person;Coni•ensatio

Debtor's default in personal obligationMona accipiendi

;b. Mora solvendi ex-re

8; Default on the part of the creditora.Mora accipiendib. Solvendi ex -re

Default on the part of both partiesa: Mora accipiendib. Mora solvendi ex-re

50.A borrowed money from B payable on Dec. 10, 2006. 11 led to pay on due clate. will A be in delay?a: because there is stipulation as regards the due date.

.<'. li, Nes, ifthe obligation is in writing.No, because demand has not been made by 13.

.d. •No,.if A the. money to pay B.

51.Damag • ed for mental and physical anguish •,a. Mo • b. Exemplary. c. Nominal d. Temperate

52. Damages awatdedrto.Vindicate arighta. Liquidated b, Actual • c. Nominal

A 53. Damages awarded to set an examplea. Exemplar b. Liquidated

c. Nominal

c. 54. When the exact amount of damage, cannot be ascertainedo. Exemplary b. Liquidated c. Temperate

d. Exemplary

d. Moral

d. Moral

55. Damages.predeteimin.ed beibrehand

a. Tempetate b. Liquidated c. Actual d. Moral

56. A obliged himself to deliver to B the following:1) 2007 Sing-it Yamaha Organ2) Malagona passenger jeepney with engine No: 69 and chasis No. 88i First Sttltement In case A failed to deliver the 2007 Ykunaha Organ, the court may compel A to

. • deliver th. 2007 Yamaha Organ plus (Itmages •Second Staternegt In .case A failed to deliver the jeepney, the court may compel A to deliver the

jeepney plus damages

a. Tax, true b. True, false c. False, true d. False, false

Ck 57. 1: If a person obliged to do something fails to do it, the same shall be executed at his cost.II. Those who in the performance of their obligati6ns a-e guilt of fraud, negligence, or delay and those

who in any manner 'contravene the tenor thereof, are liable for damages.'

. a. True; true b. True, false c. False, true d. False, false

58. 1. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for fraudisIf the law, or contract does not state the diligence which is to be observed in the performance of an

obligation, that which is expected of a father of a good family shall he.required.

a. True, true b. True, false c. False, true d. False, false

59 The receipt of a later installment of a debt without reservation as to prior installments, shall riseto a rebuttable presumption that such installments have been paid

II. If a taxpayer pays his income tax liability for the current year, there is a presumption that tax liabilityfor the previous year has been paid.

a..True, true b. True; false e, False, true U. False, false

• 60, With regard to the right as to the fruiis or the thing, whic.11 i. Noteorrect?

•4•....

. . If the obligation is subject to a suspensive condition. the obligation to deli ,arises from lir,

.. • moment the condition happens.If the obligation is subject to a suspensive pl:ziod, the obligation to deliver arti sts upon thL:

. ;expiration of the term or periodtheri Is no condition or term for its fulfillment, the obligation to deliver arises from the

Pezfection.of the contract or creation of the obligationIf the obligation arises from a contract of sale, the vendor has a right to the fruits of the thing from

:::the time the obligation to deliver arises.

A IS obliged to deliver his only Car. to B on November 20, 2007. If A does het deliver, and cn November2007, a typhoon destroys the car

aiA is not. liable because the obligation is extinguishedA is liable because he is in delayA and B will divide the loss equally

d.A's obligation is converted into a monetary obligation

624, ' When what is to be delivered,is a determinate thing, the creditor may compel the debtor to make thedelivery and if the debtor refuses, the creditor may ask that the obligation be complied with at theexpense of the debtor.

II. -The obligation to give a determinate thing includes that of delivering all its accessions andaccessories, even though they iney not have been mentioned.

a. True, True b. True, False c. False, True d. Fake, False

63.What is the basis of the liability of a school when a student is •iabbed inside the campus by a s'zanger inthe school?

a. Contracts b. Quasi-contracts c. Delicts d. Quasi-rieliets

64.The following except one, are included in civil liability. The exception isa. Restitution b. Reparation c: Indernnifimtion d. Starvation

65.The thing itself shall be restored, its a rulea.. Restitution b. Reparation c. Indemnification d. Stn*. ation

L 66. The court determines the amount of damage taking into consideration the price of the thing anri itssentimental value to the injured person'

a. Restitution b. Reparation c. Indemnification d. Starvnion67. The consequential damages suffered by the injured person and those suffered by his . ,̀*.ainily

person by reason of the acta. ResEtution b. Reparation c. Indemnification d. Starvation

68.. Action to irrapugn or rescind acts or contracts done by the debtor to defraud the creditorsa. Accion reinvindieatoria b. Accien paulinna c: Action 5ubrogatoria d. Accion quanti-n,incris

69. A borrower agreed, that incase of non-payment of his debt. to render services as a servant. Which cat heI -folio*** is not correct?

a.lithe services will be rendered in satisfaction of the debt. the stipulation is t Willi.

b. If the services will be "for free", the stipulation is void rt:r being contrary to low und morals.

c. If the services will not be gratuitous, specific oerfo....mai,...‘e of the service will te the proper

remedy in case of non-compliance.;.d.. Should there be a valid stipulation as regards the rend ion oi services, ',in a. lion for datilazes

should be brought in case of non-compliance.

G 70. A ordered B, a 10 year old boy to climb a high and slippery mango tree with a promise cc give .him partofthe fruits. B was seriously injured when he fell while climbing the tree. Is A liable?

A) first AnswerB), second Answer

;, a. True, true

71. A pays for B's transportation fare, without B's knowledge and later discovers that B was entitled to half-time. Which is not correct?

No, because no person shall be respcnsible for fortuitous events.Yes, because A was negligent in making the order without taking due care toavoid a reasonable foreseeable injury to E.

b. True, false c. False, true d. False, false

over the half-fare from 13can recover ,the half-fare from the carrier

c. A can recover 'A from B and'/ from the carrierd..A can recover half-fare from 13 only

.:A borrowed P100,000 from B. The loan was secured by a mortgage of A's landknowledge of A, C paid 13 the sam of P100,000 for A's debt. As a result

a. C may foreclose the mortgage on A's land if A cannot payC cannot claim reimbursement from A inasmuch as the payment was made wof

recover the amount from B in case A refuses to reimburse Cer obligation' of A to B was extinguished but A should reimburse C the

e was benefited by the payment

:rWheu t.t ..4ebtor of a debtor is ordered not to pay the latter so that preference

Ciaraishment b. Interpleader

true b. True, fidsc e. d. 1,tice , ftdse

75.A . sold a half --interest in his specific car to B. it was agrel that the price to be paid by B would beused in installing a new engine on the car. Later, the ear Wils destroyed by a fotwitous event. is B'sobligation to Pay the price extinguished?,

J ° answer Yes, there is no more use of installing. a new engine since the car has already beendestroyed by a fortuitous event.

answer No, B must still pay because his obligntion to pay is generic.

a. True, true

b. True, false c. False, lute d. False,.faise

76. I. A conitnits the .crime of theft and is asked to return the car to its owner 11.. tf. before tiic car isdelivered to B it is destroyed by a. fortuitous event, Is A's liability extinguished'?

R. Using above statement, A had previously asked the owner to accept the car, but the owner withoutany justifiable reason refuses accept the car, and it is destroyed by a fortuitous event. Is A'sliability extinguished?

a. Yes, Yes b. No, l'es c. Yes, No d. No. No

77, I. There is no delay in an obligation not to do somethingIL SolutiO ind'ebiti and negotiorum gestic) are implied contracts

a. True, true', b. True, false c. False, true d. False, false

78. I. Consent of the parties is required in quasi-contract.Thelc!editor acquires real rights over the thing from the time the obligation to deliver arises

a. Tree, true b. True, false c. False, true d False, Use

C. 79. The creditor has a right to the fr tits of the thing from the time

a.The.thingis.delivered c. The obligation to deliver the thing arises

b. The fruits aie delivered d. The sale L. perfected

iv" 80. The buyer has the right to the fruits of the thing from the time •

a.The thing is delivered c. The obligation to deliver the thing arises

b.The &nits :are delivered d. The sale 1;: perfected

in favor of B. Without

ithout the knowledge

amount of PlOCI,000

would be given to the

•

- :obtained i n loan. from B bank. The loan was embodied in several promissory notes, As security the• , • •Wer .executed a chattel mortgage on his standing crops. Said crops were however subsequentlyyad by, typhoon "Rosing". Is A still liable for the loan despite the destruction of the crops by a

ortuiions2 .6tent? •ll612at .." . ". Yes, the obligation of A was to deliver,a generic thing -- money.

ndansv,er.. No; the obligation was to deliver determinate; things — the standing crops.

c. Injunction d. Attachment

81. Which .is.not considered as quasi-contract?a. Solutio indtbitib."Nirgotiorura gestio

BL 62 —

a When the third person with the knowledge of the debtor, pays the debt'd....Itelmbnrsement due the person who saved .propert• riuring fire or typhoon without the.

knowledge of the owner

;.No longer enforceable by court action but is binding on the party who Oblige with it in conscience isa: Civil obligation c. Moral obligationb...Natural obligation d. Conditional obligation

If A pays a debt that has prescribed:•L not knowing it has prescribed, A can recover pn the ground of undue payment

. 2. knowing it has prescribed. A cannot recover for this would be case of nattiail obligationa. Both I and 2 are true , • c. Only 2 is tn:eb.. Only 1 is true d. Both 1 aNd 2 are false

On June 24, 2007, A is obliged to give B his specific cikr. There was no delivery until June 30 wen thegarage of the car collapsed due to heavy rain and strong winds of Typhoon Pining, and the car wastotally destroyed. Is A stin.liable." a.INO, even if A was in default, he could plead impossibility of performance

b.y9s, because the contact is perfected°No, because there was no demand by B to deliver the car

• d.YeS; the obligation to deliver the car is changed to pay the equivalent value because B is in kiwidelay

85.7This obligation is demandable at once when ittA.Ilas a resolutory condition b. Has a suspensive condition c. Is with a term ex -die d. Has a period

et. C6. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be.deemed to be ‘•:ith a

a. Resolutory period b. Suspensive condition c. Potestaiive condition d. Pa i(,1

e 87, A promised to give B his Volvo car if B passes the CPA Exams. Pending the i . csults c,f the ,:xams.the car is destroyed by a fortuitous event without any fault on Jie part of A. As a result

a.The obligatiOn of A is extinguishedbahe obligation of, A is converted into monetary obligationc.The obligation of A will be equitably reduced4A:will have to give A another car of equivalent value

88.A ticriod with, a suspensive effecta. I will support you beginning January 1 of next year

I will support you until January 1 of next year

89.A period with a resolutory effecta. twill support you beginning January 1 of next yearAC:I will support you until A dies

c; I will support you if A dies of TBd. will support you if A marries B

c. I will support you if A. diesd. I will support you if A dies of TB

93.Whenever in an obligation .a period' both the creditor and debtor

b. Of the creditor only

94.this is a valid obligationa. A will'give B P100,000 if B Will kill C

is designated, it is presumed to have been established foi the benefitc. Of the debtor onlyd. Of third persons

•

bt, will give B P1;000,000 if B will agree to be the mistress of A .will give B P10,000 if B can make C rise from the deadwill give B . P1,000 if B will not poSe nude in a painting session.

Where two or more prestations have been agreed upon but only one is due, the obligation is:a. Alternative Facultative c. Conjoint d. Sohdary

GU . 96. Using the preceding number, the right of choiGe, belotipa. To the debtor b. To the creditor c. To both d..±tdi. creditor d. 0 person

97. A is.obliged te.give B, at A's option either o'oject No• tbietit o. 2, or ()hied , . LI ithj CC ;S

lost thru A's fault, which is cors'eot`?valUe of the first thing lost plus damages ntw:.value of the last thing losi plus damages most

a:The value of any of the things lost plus damages mars t)e ,3 to ti

u. The obligation is extinguished

•98. LjJsing the preceding number, if objects nos. .1 and 2 wei'e destroyed by a fortuitous event and later• object go. 3 .is destroyed by A's fault, A would still be liable.

II.'•Usingtlao preceding number, if objects Nos. 1 and 2 were destroyed by A's fault and later object No.3 is lost'by a fortuitous event, A would still be liable.

a. True, true b. True, false c. False, true d. False, false

49. A is obliged to give B either objects No.l or No. 2 or No. 3 at B's option. Before B communicated hischoice to A, object No. 1 had been destroyed, thru A's fault and object No. 2 had been destroyed by a

•• fortuitour. event. B maya.Demand object No, 3 only as it is still availableb.Demand the price of object No. 1 cnly plus damages because it was destroyed by A's faultc. Demand Oid value of object No. 2 as the right of choice belongs to B

Demand either object No. 3 or the price of object No, i plus damages

100. Any ofthedebtors is bound to render compliance of the entire obliga tion.• a. alternative b. facultative c. joint d. solidary

A 101. In a. joint obligation; joint means any of the following, excepta. pro-rata ' c. mancomurada simpleb .. proportionate d. Individually and collectively

0 102. lu Facultative obligations, if substitutiott has been made, which of the following is false?a. The obligation is extinguishedb. The loss of the a.7ginal prestation is frnmaterial •c. The obligation is converted into a ,imple obligationd. The eigigaiion ceases to be facultative

0\403. Using . the precuiing number, and the substitute is lost by a fortuitous event, which is true? .a. The obligation is extinguishedb. The debtor is liable for damagesc. The originalpreitation must be givend. The debtor must give another object which is equally satisfactory

104. '..Using the preceding number, but the substitute is lost due to debtor's fault, which is true?a. Thl. obligation is extinguishedb.-The debtor is liable for damagesc Th' original p.oestation must be givend. The debtor must give another object which is equally satisfactory

105. Instances where the law imposes solidary liability, excepta. obligations'arising from tortb. obligations of bailees in commodaturuc. liability of principals, accomplices and accessotis:s of a • i•lony

d. liability of partners arising out a contract

106. This will result to 4 solidary- a. vitiated consent on the part of one of the debtors

insolvency of one of the debtors• • •c. defartit on the part of one of the debtors

Tuts 1-delict commited by one of the partners acting in the ordinary course of business

107. Where only one prestation has been agreed upon, but the obligor may render another in substitution.the oblisation isAlternative b. Facultative c. Conjoint o Solidary

.4 ' Where two or more prestations have been agreed upon, and all of them must be performed, Coeobligation is .

a.Alternative b. Facultative .c. Conjoint d. Solidary

109. A and B are solidary debtbrs of C and D, solidary cmditois, to the amount of P1.000, C candemand

,e1C1,000 from A or P1,000 from B o. P500 from A or P500 from Bb. P1,000 from A and P1,000 from B ' d. P500 from A and P500 from B

110.. A and , B solidary debtors of C and D, joint creditors, to the amount of P1.1.'00 — C can demanda. P1,000 from A or P1,000 from B c. P500 from A and P500 from Bb. P500 from .6. or P500 from B rt. P250 from A and P250 from B

111. A and B are joint debtors of C and D, solidary creditors to the amount of PI,000. C can demanda. P1,000 from A or P1,000 from B c, P500 from A and P500 from Bb. P500 from.A or P500 from B d. P250 from A and P250 from B

C... 112. , A and B are joint debtors of C and D, joint creditors, to the amount of P1,000. C can demanda. P500 from A or P500 from B , c: P250 from A and P250 from $3b. P250 from A or P250 from B . d. P500 frotr. A and P500 from B

113. This is synonymous to joint obligationa. Joint and several

„ b. in solidum

114. This is synonymous to solidaty obligationa. Pro-rata b. Mancomunada

c. Individually and collectivelyd.Mancomunada simple

c. Proportionate • d.Juntos o separadament,.:

n 115. A, B and C are joint debtors of I) for P3.,000. If A is Limlvent, how much should B pay D?a. PI,000 . b. P1.500 c. P2.100 d. P3.000

c. 116. In 2007, A, B and C bound themselves in . solidum to give D P9.000 suhjeci to the Ioik'wingconditions: A will pay in 2007, 13, if 1) passes he 2008 ( PA hoard exath, any' t.: will pay iit -,`.1.01.

2007, how much can D demand from C?a. P9,000 . b. P6.000 . C. P 3.';00 d.

4-/ , .,,„,,,,./r1

c% 117. . A, B and Care solidary debtors of D for P3,000. D remitted C's share. A tlierdc,re paid later /.)F , I ∎P2,000. A can recover reimbursement from B in the amount Of

&FLOW b. P1,500 c. P500 • d. PO1 0,

118. Using the preceding number, if B is insolvent, A can recover from C the amount of

a. P1,000 • b. P1,500 c. P500 d. PO

119. A, B, and C are solidary debtors of 'D in the amount of P1,000. D remitted the entire obligation when

A offered to payt A can demand reimbursement from B in the amount of

a P1,00-0 b. P500 c.,13333 d. PO

120. A, B, and C are solidary debtors of D in the amount of P3,000 but A was incapacitated to give his. .

consent as he was a minor. ID sues B, how much will B be liable for?d. PO

0'3,000 b. P2,000 c. P1000

, .

4-1 11.1.- _ - -

b. P2,000 0. P1000

d. PO

,, it ixtdebted.to solirlary creditor B, C, and D, for P90,000. Without the knowledge of B and C , Dtted cla obligatithi of A. as a result,

14..The obligatieti erA to pay P90,000 is extinguishedobligati-1n .y.not extinguished becaus,... there is no consent from B and CobligatiOn is extinguished only up to P30,000obligati\on is extinguished up to P60,000

123. A', B and C borrowed P6,000 from D and E; payable in 3 months with A giving in pledge herdiamond ring as security for the amount borrowed. How much can E collect from C?

P1,000 , b. P2,000 e. P3,000 d. P6,000

. 124. A is obliged to give B her college ring; If she fails to do so, she must give P10,000. This is,a1)Alternative obligation c. Facultative obligation'b. Conjoint obligation d. Obligation with a penal clause

125. Where the penalty takes the place of indemnity for the damages and for the payment of interesta. What. there is stipulation to the effect that damages or interest may still be recovered, despite the

presence of,the penalty clause 'b. When the deebtcir refuses to pay the penalty imposed in the obligationc. When the debtor is guilty of fraud or dolo in the fulfilunent of the obligation

.1;1*. When there is breach of the obligations

126. This is an obligation with a resolutory conditiona. I'll give you P10,000 if you pass the 2006 CPA board examination..b. I'll give you my car now, but should you fail in any of your s•,ibjects, your ownership will cease

and it will be mine againc, PH give yoti P10,000 on December 31, 2006d. I'll give yoU Pt 0,000 if A dies o

127. I. lithe condition is potestative on the part of the debtor, the ol,Fgation is void.IL If the condition is potestative on the part of the creditor. the i: , biiitation is vatic:.

a. True, true b. True, false e. .711t: . d. oe

128. A owns' a house rented by H. A sold the house to C. where C agreed to pay the balance of thepurchase price as soon as B leaves the premises. It was farther agreed that C will take rare of seeing toit that B vacates the house. Which is correct?a.. The contractis void because it is potestative on the part of Cb. The contact is void because the consent of 13 was not obtainede. The contract is valid because the condition is mixed , -d. The contract is valid if B . is willing to vacate the, premises

•a, 129. I. The condition that some event happens at .a determinate time shall extinguish the obligation essoon as the time expires or it has beeome indubitable that the event will not take place.The condition that some event will not happen at a determinable time shall render the obligationeffective from the moment the ti.me indicated has elapsed, or it has become evident the event cannot

. p Truc.:, true b. Tate, fal3e Q. False, true d. False, false

130. I. A father Premised ia give his son car if the son will marry F3 this year. if by the end of the year,B 12 already *dead or the son has not married B, the obligation to give a car is effective anddemandable.'A father Pro.#sed to give his daughter a car if the daughter will not marry her boyfriend earlier than

December 14 1, i2006. If by December 31, 2006; the daughter has not yet married her boyfriend., or ifprior thereto, he: boyfriend has died, the obligation is extir_iguithRd.a. True. true , • :b. True:, false c. False, true d. False, false

• ,..•CU31. I. ObV.gatidps with a resolutory period take effect at onztt. out terminate upon arrival of the day

. certain. .IL Obligations. with a Iresolutory condition take effect at once, bul terminate upon happening of the

condition. .'.'13L-62-01 1C

True, true b. True, false c. False, true d. Fare, faIsl

A bOripwed money from B and pledged her ring as security. It was agreed that A waa to themoney loaned with interest at the and of one year. Before the expiration of the one -year pe:rioriU. A may compel B to accept her payment

.A may be allowed to pay B, if B consents - aA may compel B to accept her payment because the period is deemed for the benefit of AB may.refitse A's payment as the period is deemed for the benefit of B).,.. .

The debtor shill lose every right to make use, Of the period, excepta. When after the obligation has been contracted, he becomes insolvent, unless he gives 4

guaranty or security for the debtWhen he does not furnish to the creditor the guaranties or securities which he has promisedWhen through fortuitous ,events or by his own acts the guaranties or securities have beenirtapsii unless he immediately gives new ones equally satisfactory

d. When the debtor violates any undertaking in consideration of which the creditor agreed to theperiod

. 134. I. "Ws komise to pay" when there are two or more -signatures = jointI]. "I promise to pay" when there areiwo or more sib riature -. soltdary liabilitya. True, true b. True, false c. Fa!s.., true d. Ike. false

135. A obliged himself to pay B P10(1,000 in 30 uays plu •. a penalty of P1 0.0C):. if 7 ,, failsobligation in due time. :A failed to pay the obligation in 31./ Jays, 13 can demand A.atrThe principal of P 100,000 plus P10,000 penaltyb, The principal of P100,000 plus P 10,000 penalty plus legal interest .c. The principal Of P100,000 plui P10,000 penalty, plus legal interest, plus damitgesd. The principal of P100,000 plus legal interest, plus damages

a. l 36. The creditor is entitled to recover damages and interest in addition to the penalt:: stipulatedA) When the debtor refuses to pay the penalrfiB)When the debtor is guilty of fraud in the fulfillment of the obligation

p(True, true • b. True, false c, 74'a'isc, true d. False, false

137. Action where a person in possession of certain. property may bring an action against the waffled], .• Clitirflanti to compel them to interplead and litigate their several claims among themselves

a. Garnishment t:-Interpleader c. Injunction d. Attachme ►t

138.. Ajudicial process by virtue of which a person is generally ordered to refrain from doing somethinga. Garnishment b. Interpleader ,c. Injunction d. Attanhmeat

139. Where a property is alienated to the creditor in satisfaction of a debt in monz.yXDatiort in payment b. Payment by cession c.Appiication of payment d. Consignation

140. Where a debtor transfer(all)ais priveities not subject to execution in favor of his creditors so t!; the latter may'sell 016= and th apply the proceeds•to their credits.

' a. Dation in payment ,,ly: Cession c.AppLication of payment d. Consignation•

141. The act of offering the creditor what is due him together with a demand that the creditor accept

same,4tzikpplication of payment b. Tender of payment c. Dad° in solutum d. Cessirm

• . 1 .

whe-never the creditor

natio in solutum

to the same obligationCondonation

142. s . The act of depositing the thing due with the court. or judicial authorities

, • cannot acceptor refuses to accept paymenta. Tender of payment ;13! Consignation c.Application of payment d.

J.43't The meeting in one person of the qualities of creditor and debtor with respect•

'Contkasion b. Compensation c. Novation d.ix

144. When two persons ,ns in their own right are creditors and debtors of each other

‘,..a. Confusion. ,V.1 Conanengatint,

This is not necessary in order )er tnat cOmpensation ovv. 1):ospei•a.That the two debts are both dueb.That the two debts• be liquidated and demandableseThat there be a retention or odntroversy commenced by third pers,Sns and communicated in due

time `So the debtord. Both dibtsconsists in a sum of money, or if the things due are consumable, they be of the sal:re

}find, and:also of the same quality if the latter juis b::en stated.

COmpensation cannot take place, except •a. When one debt arises from the obligations ora depositary

.- .When onedebt arises from the obligations of a bailee in commodatumWhen on&debt arises because of a claim for support due to giantitous ate

..,;dr When one. debt arises from a bank deposit. • •

. The substitution or change of an obligation by another, which extinguishes or modifies the first!.; a , Confusion b. Compel isation cr Novation d. Consignation

Novation which changes the object or the principal condition of the obligation .

/ekes' • • b. Personal c. Mixed d. Partial

31!)-149. .N,ovaticin k)vhich changes the parties to the obligation

a. Real ". >(Personal • c. Mixed d. Partial

150. • ,Expronlission, delegacion or subrogating a third person in the right of the creditorE. Real ,b: . 'Per3Onal c. Mixed

d. Partial

151. NovatiOn which changes the object t.nd parties of the obligtaion

a. Real b. Personal

d. Partial

152. SubstitutiOn of debtor wh p the initiative; comes from a third person

a. Delegacion Expromission, ubrogation

153. Substitution of debtor where the initiative comes from the debtor

elelacion, b. Expromissian c. Subrogation

155. Legal subrogation is presumed in the following. Which is not correct? n---s

a. When athird person, not interested in the obligation, pays with,the.apProval of the creditorb.- When a creditor pays another creditor who is preferred, even without the debtor's knowledgec. When a thlid person, not interested in the obligation, pays with the express or tacit approval of

the debtor'd. When, even without the knowledge of the debtor, a person interested in the fulfillment of the

obligation pays, without prejudice to the effects of confusion as to the latter's share.

. ...„....-

d. NoCLation ----- g.<'‘ .-1, - ,i....' 4 ) 44

Novation \ '41' "'.Pt 1 cf4C, :ci.„d. No_ ,,c), .. rj, L4. x

154. The transfer to a third person of all the rights appe mg to the creditor ..._ ::/5-1,1,-a. Delegacion . Expmmission „..e. Subrogation. . d,,,,,.iii ovN.,_tati,,pon 7: . .-----,-;----',.._

4. -, S.....t....., -t,.. 7r.„.

•156. 1. Proof' of actual damages suffered by the creditor is not necessary in order that the penalty

previously ag,-reed upon may be demanded.II. Proof of actual damages suffered by the creditor is not necet:slry in an obligation with a penal

clause., True, true b. True, false tret: d. False, fake

157. L Whoe*pays for another may demand from dcbtor . v, hat he has pale, except that it he paid .without thelno•ledge or against the will of the debtor he, eiLhot recover anything...

II The debtor kif a thing cannot compel the creditor to ret:eive zt .1i fferent one, although the latter maybe of the same value as, or more valuable than that which is'dutt...

a. True, trite b. True, false c. d. False, false

158. A owes B two debts, both of which are already due. The first debt is secured by a mortgage. the. second is not. A tells B that the payment he is now makirg should be applied to the second debt ;nstead

of the first; which is correct?a. B may refuse such application on the ground that the first debt is more burdensome to the

• 'debtorB ma: refuse such application because the payment s -be applied propout • •.t!a;.t.1•.B cannot refuse the application boca , tse. the i•,1:e.forert•:• (tithe debtor must

d. B can not refuse the applietniUll if "(-!: et . " thtlti the second

159.. 1. A has a P10,000 savings deposit with l'e.YZ Dan:: One :Iny A borrows. . 1.2.000 t'rotn tht;•On maturity of the loan, without socking perrais'sion from A, the hank sul .. ractecl the P2,000 .',r ( •A's account Is the bank's action [Roper?

- II. A asked B to keep P10,000 for him. Later, A bnrro \ - ied P4,000 from B. \V nen A inked for thereturn of his money, B gives him only P6,000 alleging partial compensation. Is B correct?

a. Yes, Yes b. No, Yes • c. Yes, No d. No, No

;.t160. A owes B P10,000 with C as a guarantor. A paid P4,000 leaving P6,000 unpaid balance. withotthe knowledge of A, paid B the sum of P10,000. As a result of this paymenta. The obligation is not extinguished as the payment is without the consent of A.b. The obligation is extinguished but D cannot recover from A instead he should go after the

guarantor.j(The obligation is extinguished but D can recover only P6,000 from A and if A cannot pay, D

should demand payment from C.d. The obligation is extinguished, but D cannot recover P 10,000 but only P6,000 from A and if A

•cannot pay, he cannot go after C.

161. .A owes B P10,000 C in behalf of A, pays B P10,000 against the consent of Aj although C ha,previously told A that he (C) did not intend to be reimbursed. Nevc=itheless, 3 accepted the payment b:C in behalf of A.

• li:.statercent A's obligation towards B is extinguished.2 s' C may still recover from A because A (lid not consent to what the law deems a

donation on the part of C in favor of A

a‘ True, truo bC True, false c. False, true d.'False, false

162. A ewes B two debts, both of which are already due. at first debt is secured by a mortgage whilethe second is not. A tells B that the payment he is now making should be applied to the szec tad debt,instead of the first.

1 s'___gatemerA B may refuse to accept such applicator: en the ground that the first dept it moreburdensome to the debt();

2,G4 statcrnem B cannot' refuse such application because the preference of the debtor must befollowed.

•a. True, true b. True, false False, true. d. False. false

in 163. I. A owes B P10,000, guaranteed by C. B assigns his credit to X. X assigns the credit to Y. Yassigns the credit to A. As obligation is extinguished and C is released from his obligation as guarantor.

II. A owes B p10,000 guaranteed by C. B assigns his credit to X. X assigns his credit to Y. Y assignshis credit to C, the guarantor. A's obligation is extinguished and C is released from his obligation

as guarantor.

a. True, true ..„1). True, false c. False. true d. False, false

1.• n •

164. Alias two creditors, B and C. B is a . mortgage creditor for P20,000, and C is an ordinary creditor 1:.irP10,000. C paid A's debt of P20,000 to B.

Ls:2:statement If C's payment is with A's knowledge, ('yfill be subrogated in the rights of B.ataternetA If C's payment is without A's knowledge, C will not be subrogated in the' riu.hts

of B.

a. True, , rue b, True, false c, Falst, ruc d

165. A and B arc jointly liable to deliver a pa tti .culor car aH.A.1 at P200,000 to C 1, 2007. i1 ISi.lr

is correct?a.The prestation is indivisible making the liability of A and 1. solidary

b. If on July 1, 2007, A is willing to deliver the car but 1.', is not, C may enfc,r-.:4 obligationagainst A

• ,."Wik is liable foea proportionate pact of the obligation and wilt he also for damages if li is not

...ready to comply with his obligation, even if A is willing to deliver the ear'01.The liability of A and B is joint and that demaes may he assessed only against the debtor who

violated thC Obligation

166. A executes in favor of B a promissory note for P1,000,000 payable after two years, secured by amortgage on a building valued at P2,000,000. One year after the execution of the note, the mortgagedbuilding was totally burned. Can B demand from A the payment of the value of the note?a. Yes, if A is Akilling to pay 13b.No, if A refuses to pay Bc.',Yes, even if, A gives another security which is equally satisfactory

...(11-Yes, unless A'gives another security which is equally satisfactory

167. On June 30,:2007, X, Y, and Z executed a promissory note promising to pay B the sum of P9,000monthly jointly :and severally with Interest at 6% per annum within six months. In an action by Bagainst X fob win payment of the note, X interposed the defense that:: (1) Y was a minor when the notewas executed; and (2)13 had granted an extension of year to Z.. In this caseit X can be're4iiired to pay P9,000 because the oblightior is soli.lary

1)Y. X can be irectiitircd to paY P6,600 because minority is P. partial defenseX can be iOqUired to pay P3,000 because minority and the extension granted ire personaldefenses 1! 1 , : f

d. X cannot beregUired to pay anything due to minority and extension granted which are personaldefenses

168. A obliged 11 nself to pay B P10,000 . as soon as possible. Three months later, B demanded paymentfrom A but flitter refuses to pay. B cana. File an action in court compelling A to pay the obligation vb. Consider the obligation void because the phrase as soon as possible is indeterminable

.fiK Go to wtirt SO that the court will fix the date of paymentd. Ask for damages because three months is considered too long for "as soon as possible"

169. A owes B P10,000 payable on June 30, 2007, and as a security A pledged his ring'to B. Necessarily,the ring wash delivered to B. On due date, the ring is found in the possession of A when it should be inthe pesiession of B. As E. result, one of the following is not correct.,--f A's obligation to B is extinguishedpi;rroA's obligation to 13 Is not extinguished

c. The contract of pledge is oxtinguishedd. The contract of piedge is extinguished but not the principal. obligation

170. , T. An example of anfrom the death of C

IL A person is obligedprovided they have

a. Tilii,"true

obligation with a mioclis when A promises to pay B P10,000 one month. -to deliver a determinate thing including its accessories and accessionsbeen mentioned in the agreement. ',1:True fake c. False, true d. False, false

171. I. When the fulfillment of the suvensive oc rt:solutory condition depends upon the sole will of the4.iebtor, the conditional obligation shall he void.

II. If thl debt produces interest, payment of the interest shah I14.`i. to hart been made

until the principal have been covered or paid. •

[...True, true • ,b-.-True. false z. False, true d. False, false

172. I. Condonation or remission is. generally gratuitous i•II. Proof of actual dAraages suffered by the creditor is not necessary in order that the penalty in

• an obligattO with a penal clause may be demanded.

True, true , ' - b. True, false c. False, true d. False, false

v. Al %A.., 1.U3C; C. raise, LOA% AL/Awl,

• ,- •

173. 1. In delagaCipn. the insolvency of the new debtor will not revive the original debtor'sry

II. In expromissiOn, the insolvency of the new debtor may at times revive the original debtor's

obligationa. True, true b. True, false c. False, trued. False, false

174. I. A solidary creditor cannot assign his rights without the consent of the other credii.crs.

A Payment of the debtor's obligation may re made by a third person even without the knowledge

. consent of the debtor. -

rue, true b. True, false c. False, true d. False, false

175. L Solidarity may exist although the debtors and the creditors may not be bound in the samemanter and the same periods and conditions

.• IL A. solidary debtor is always entitled to reimbursement from his co--debtors if he pays for tobligations.

a. True, true b'.--True, false c. False, true d. False, 5.1se

.1. Payment made in good faith to any person in possession of the credit shah extinguish tl'e

. debtors obligation. 1"11. When the debtor is guilty of fraud in the fulfillment of an obligation, a creditor can demand

paymentof damages and interest in addition to the penalty. •True, true b. True, false c. Fals'i;., true d. t also, false

A obliges himself to give B a specific car on San. 7, 2007. On Jan 2, 2007, C burned the car =vhkpromised to deliver.to•B, which is correct.?

a. A's obligation to B is converted to monetary obligationshould file an action against C for the value of the car plus damages

c.1B can file an action against A for the value of the car plus damages -& B can file an action against C for the value of the car plus damages

. A owes B P10,000 due on Jan. 7 and guaranteed by C. B owes A P8,000 due on Jan. 7. On the. date, A is insolvent. How much is C's liability?

a. P10,000 . b. P8,000 P2 : `‘)00 d. 7er9

o. 1'8,000 e P2.900

d. Zero

179. A deposited with B 100 cavans of palay valued at P10,000. A however. is indebted tt, !IP10,000 which is already due. When A is withdrawing the palay. 13 refuses to deliver, c.autur.compensation. Is B correct? a. Yes, both obligations are dueb. Yes, co:.1siderirtg that the value of the pa lay is equal. to t ie amount of A's obligationc. No, because there was no stipulation allowins ecznpeus:ition4. No, because D's obligation arose from a contract of den )sit

•s? • 180. In tender of payment and consignation, if after consignation is ma4le, the creditor allowy. debtor to withdraw .the thing deposited in court, which of the following statements is not correct?

a. Guarantors are released from the obligation unless they consentedb. &reties are released from the obligation unless they consentedc. The obligation is not extinguishedd. The obligation is extinguished

181. A owes .B P100,000 payable on or before San 20, 2007 while B owes A P100,000 payable on orbefore Jan 30, 2007 B can set up compensation on Jan 20, 2007 and this is called

a. Legal b. Partial c. Judicial or "set off' d. Facultative

182. • Which of the following is an obligation with a period for the benefit of the debtor?a. An Obligation payable little by littleb. An obligation payable when the debtor's means permit hirn'to do soc. An obligation payable within 10 months on demandd. An obligation payable on or before Dec. 31 , 2007

183. . Proof of pecuniary loss is necessary for the award ofa. Moral damages b. Actual damages c. Exemplary damages d. Temperate damages

c, 184. . The indemnity which the law gives to the injured parr: for the breach of a contract isa. Damages b. Damage c. lnjuly d. Loss

185. The loss suffered by one person on his property its

a. Damages b. Damage c. Iniur•

8VS4t.. .146. t Ireciin site of cession h payment,

debto.eitikl one creditor c. More than one debt.Complete or partial insolvency cf. Abandonnient of all debtor's property not exempt from execution

•". .

If the obligatiOn•s payable in foreign currency; which is correct?

a. : Thepbligation is void •..TheObligatiqn is valid.. but the stipulation is void

Creditor can compel the debtor to pay in foreign currency as per agreementThe

,stipuatfon enc.; the obligation are void

Who it liable fot the loss of the subject matter by fortuitous evert?a. Cralitoc b. Debtor c. Both of theta d. None of them

189. I'll give you my car one year.lfter X dies.

a. Valid, because death is sure to come.b. Valid, but thc condition will be diiregirded

The obligation isc. Void. the time when death will occur is not curtail.

d. Void, killing a person is contrary to law.

6/. . 190. Whoever pays for another without the knowledge or against the will of the dento.

: tt May demand. front the debtor what he has paid

b. May not recover aaything front the debtorc. May recover *only insofar as the payment has been beneilcial to the debtor

•___. tuhrtt t1Y 11110 tilt it

v 11V111 we aeotor what he has paid plus damages

1191. A owes B. P10,000. Later A paid B P7,000 leaving a balance of P3,000. C, a suitor of A andintending to surprise A, paid B the sum of P10,000 thinking that A still owed B that amount. C did thiswithout knowledge of A. Which is correct?a. C can lecovet P10.000 from A c. C can recover P10,00 from B.b. C cannot recover anything from A d. C can recover P3,000 from A

C 192.. The act of putting somebody onto the shoes of the creditor enabling him to exercise all the rightsand actions thateould have been exercised by the latter.a. Agency b. Partnership c. Subrogation d. Novation

.193. A borrowed P10,000 from B. The loan was secured by a mortgage of A's land in favor of B.Without the knowledge of A, C paid the sum of P10,000 for .A's debt. A benefited to the amount ofP10,000. Which is not correct?,a. C can recover the whole amount of P10,000 from Ab. If A cannot pay, C cannot foreclose the mortgage inasmuch as C paid without the knowledge of Ac. C may eitheecletharid recovery of P10,000 from A or to foreclose the mortgaged. If C diet not ptiy, the original creditor B has the right to foreelose in case of non-p:iyment by A

C 194. A has Iiipi9sSession some merchandise to be delivered to the person who presents the properreceipt. 13 and each armed with a receipt, ask A to turn" over the property to oi..e of them. Anexamination Of tht receipts reveals that they are exactly of the same kind. A does. not know to whom heshould deliver the property. So he files an action in court by means of which 13 and C will be able tosettle their conflicting rights. This isa. An interpleader ; b. An injunction c. A garnishment • d. A consignation

j 195. When•is there no loss of the thing due?0`.` n a. When the object perishes

. b. When it goes: out of commercec. When it is. in;PosSession of another persond. When it•disappead in such a way that its existence is unknown or it cannot be recovered

196. The expenisis of consignation when properly made, shall be chaiged against thea. Debtor

r)197.. The designation (if debt to which should be applied a payment made by a debtor who owes

several debts in 'favor of the same creditora. Dation in pay. m.ent Tender of paymentb.Application o: payment d. Payment by cession

rj•

is the. owner of shares of stock of ABC Bank amounting to P100,000. Later, A borrowed n ."1"...';:from the bank amounting to P90,000 with interest thereon at 6% per annum. "Fhe debt was to be p,

installment.` One of the conditions ofjhe debt contract is that in case of the debtor's defaul,g,ii..payment. of any of the installments as they become due, the entire amount or the unpaid baianct u

::.become • due and payable on demand. ,- The defendant A defaulted in the payment of 54'?1,iitaninents and plaintiff bank brought this action to recover the unpaid balpttices A pl

''Ornpensation. Which is_ correct?allowed to avail of eompeusation •

b.' There can be no compensation because A..and Ark, are not debtors and creditors of each otherc.Compensation is allowed only up to P90,000 plus interestd.Compensation is allowed only up to P90,000 without interest

b. Creditor c. Third person d. Debtor and creditor

aliowen only tan to 190,000 without i nterest

Them: is compensation11; Ain his capacity as guardiac\ of B is a creditor of C. C in turn is a creditor I\ who owes him

a personal debt .A; debtor of two partners is a creditor of tb•partncrsltip

e. A owes B P10,000 payable May 31, 2007. B owes A P10,000 payable on June 30, 2007. Iftoday is May 31, 2007

d. A owes B a fountain pen and B owes A also a fountain pen. Both debts are clue

200: .A owes B P1,000. B in turn owes A P200. Both debts are already due. Later B assigns the P1,0(.credit to C, without the knowledge of A. The assignment was made on June 3. On June 10, a P2fdebt of B in favor of A matured. A learned of the assignment on July 1. On'July 10, a P150 debt ofin favor of A matured. Later C asks A to pay his debt. How much can C successfully collect from A?

a. P1,000 b.• P800 c. P550 d. P400

201. A owes,B P10,000. When the debt matured B told A that she need not pay the debt since B' condoning it. A in turn expressed her gratitude. The debt has been extinguished by

t Novation b. Compormation c. ?remission d. Confusion

202. Using the preceding number, if A rejected the offer of B, and B did nq collect within the statute climitation (period to Follett) the debt may be said to have been extinguished bya. Remission b. Compensation c. Prescription d. Annulment

6%. . 203. A makes a check payable to bearer and gives the check to C, who gives it to D who finally giveit to A. The obligation of A is extinguished by

to Merger b. Compensation c. Novation d. Prescription

204.. A owes B P10,000. C, a friend of A approaLlaes B ane. tells hire " I will pa: , you what A owes youFrom now on consider me your debtor, not A. !kis to'be .Acused. If B agrees, there isa. Novation b. Subrogation c. Delegation d. Expromission

205, The debto: shall lose every right to make use of the period, excepta. When after the obligation has been contracted, he becomes insolvent, unless lie gives ,1 guaranty

Or security for the debtb. When he does not furnish to the creditor the guaranties or securities which he has promisedc. When through a fortuitous event or by his own acts the guarnnties or securities have peen

impaired after their establishment, unless he immediately gives new ones equally c,atisfEv:teryd. When the debtor violates any underttheing , in. consideration of which the e:efittor agreed to the

period

206., The substitution or change of an obligation by another, which extinguishes or modifies' tiv; first

either changing its object or principal condition or substituting another in the place of the debtor,ttbrogating a third person in the rights of the creditora. Compensation b. Merger c. Prescription d. Novation

207'. A method of novatlon caused by the replacement of the old debtor by a new debtor, where the oft:

debtor has proposed to the creditor and which replacement has been agreed to by said creditor and b%

said new debtor isa.Novation • b. Delegaeiou c. Exproinission d. Quantum meruit

' k;404'1.

*1...7 - .46,-.

' Dris;

ki,,,..;04, 2tvistAlln,rc!;:,7.tt , .....;z1 r

'.„"P' '' ...:1 :AA' -',':;:!:;,., • li..q&'

i (5:060"A *posed to 13 th .a .1-C will pay Asti debt and Met A will he released from all

* IhNifes: i'C'ai.ireed to 'the proposal. Later ; when B tries to collect from C, he finds out that C is

rai1„!ie , .,..-0',,6a00,4Tt

'''fir'elt.7'40tirikjiriaved that at the time of delegacion C wa

ads alreliabley insolvent but this was not known

,i..ii '11/�''''iv'eviHAlc" fill- icami -i:eas the inAOlveri,ofpublic knowledge. Is A still liable?,104';;. a;',..Y4iS;:heeatie there s del cy tor" :0.4.,,,,r i egac

, ,e, there is delegaeion..;;- ,,,„,-.4;:.. A. ,kftl,i'rCa, 'As,: 'AU tile initiative came froth A.

o .. e,lvency was ncithefOf public knowledge nor known to .A at the tune he

tte, -e, - '.„..i"i:...'el legated his debt

.

rt

. and B'eptered into a contract where* A was to give

B P200,000. Later they novated thee.coetract• b2,;. it,tipeijelng that - instead of c

A would give a particular car. Subsequently the car \vasb. A is liabl&t

.destrOyed by al foituitous event. Which, is correct?'a ...NovatiOni;is not allowed. because the things due v.re uot of the sale kindO ptty P200,000, the arnouilt of the old obligationsc. The prig el obltation Is extingbished hut not

the obligatio: to deliver the card. Tbe original ohligation and the obligation to deliVer the car are both extinguished

. I

n

I

. A,..$ 'and C ei(ecuted a Nomissory note worded is follows: "We promise to

pay to X, Y and Z the

:nun of P90,00 .0 .. &ed. A, B, and C. which is correct?' a. A la obliged to pay to X, Y awl Z P90,000 . c. A is obliged to pay to Y P30,000

d. A is obliged to

_ ,...=,, b. A i3 obliged to pay to X P60,000

pay to Z P10,000

.: ., 211.

, A obliged himself to give B a specific car on June 12, 2007 stipulating is liable even if the

• thing is lost due to forteitous event and without the

need. that Aof a demand. On due date, the car got lost due

to fortu.{tous event. Wilich is correct ? •a. - Obligatioteis extinguished due. to fortuittets eventb.': B can compel A to deliver another ca;

1 ..

'c: 23 Call rpq. itii-e another person to deliver a Cra with expenses chargeable to A

- \

d:$a

is not extinguished but converted into monetary consideration •

., A, B an

solidaritcl C obliged themselves

to give D a specific mr valued at P240em

,000. On dee date,.•, idanded delivery but the debtors

failed to deliver. The next day, while A was still in possession of

thP car, it waslost dup to a fortuitous event. TE:: right of D is

a.iTo Proceed against any °Me debtors for the value of the

car plus damagesi

!,,To proceed.agamst A only because the car was lost While in his possession. one, becatiselhe obligation is extingulshed due to a fortuitun

s event 4To proceed agithist B and C

because they were not in posses iion of the car when it was lost due

..o a fortuitbus event .

,l'he trazesfer to :a third person ,if all the rights upi:eri4iit: i;; to the credit or

:hding- pfodped againsi gtillramors, or possession of rrmr4„laIN:

M. 1 1.1.'1. ID any legztf idrovkliftin i

it k)i. the right toilq)difi . ' tt

that may be agreed' upon,a..Novatton , :.; b. Delegacion c. P.,:spromis:,;on •.

d. Sill)/ ogalloitowes ti:qb,(ioo. With, the conent of A and 13 C pays fi 05,000. B anti C are the creditorsef 'Ma the amotint of P5,000 each, Suppose,

A has only P.5,000. Which Nowis correct'?fa.'' B shod bilprefeired ,

c, B and C shotdd be paid pro-rata' Uld;be,preferred

d. A may choose 'whom to pay;i- }„;.f.?.

PL.