OBLICON

Obligations may arise from any of the following, except:

• contracts

• quasi-contracts

• law

• prestation

Unless the law or the stipulations of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with:

• extra-ordinary diligence

• diligence of a father of a good family

• diligence of a good father of a family

• good diligence of a father of a family

It is a thing that is particularly designated or physically segregated from all others of the same class

• Generic thing

• Indeterminate thing

• Determinate thing

• Real thing

D is obliged to give C a specific car if C passes the CPA Licensure Examination. D's obligation is an example of:

• a pure obligation

• an obligation with a suspensive condition

• an obligation with a resolutory condition

• an obligation with a period

Whenever a period is designated in an obligation, the said period shall be presumed to have been established for the benefit of:

• the debtor

• the creditor

• both the debtor and the creditor

• neither of the parties

A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20,000.

• V may collect from D P20,000.

• V may collect from D P4,000.

• V may collect from D P5,000.

• V may collect from D P1,000.

D owes C P10,000.00 with G as guarantor. C, on the other hand, owes D, P8,000.00. Both debts are already due but D is insolvent. In this case-

• C may collect from G P10,000.00

• C may collect from G P2,000.00 because a guarantor can set up compensation as regards what the creditor owes the principal debtor.

• C may collect nothing from G because D is insolvent

• C may collect P8,000.00 from G.

D obliged himself to give 5 grams of "shabu" to C. Later, the parties agreed that D would instead give to C 5 sacks of rice. Which of the following statements is correct?

• The novation is void because the original obligation is void. Hence C cannot demand the delivery of 5 sacks of rice from D.

• The novation is valid because the new obligation is valid. Hence, C can demand the delivery of 5 sacks of rice to D.

• The original obligation although void is validated by the new obligation. Hence, C can demand the delivery of 5 sacks of rice to D.

• The new obligation is only voidable because D had not yet performed the original obligation at the time of the novation. Accordingly, the new obligation is binding and C may demand the delivery of 5 sacks of rice from D until the new obligation is annulled by a proper action in court.

Anna Almeda, Belinda Bersola and Claudia Cabrera executed the following promissory note:

"I promise to pay Dolores Dominguez or order the sum of P30,000 on June 30, 2015.

(Sgd) Anna Almeda

(Sgd) Belinda Bersola

(Sgd) Claudia Cabrera "

On June 30, 2015, Dolores Dominguez can collect from Anna Almeda:

• P10,000.00

• P30,000.00

• P20,000.00

• Nothing, because the note is void since it says "I promise" but was signed by three persons

S sold 100 bottles of imported "Fundador" brandy to B who paid immediately the price thereof amounting to P20,000.00. S promised to deliver the brandy to B within one week from their agreement. On the agreed date of delivery, S delivered to B 100 bottles of fake "Fundador" brandy. The contract between S and B is:

• voidable

• void

• valid

• recissible