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MT Exam Oblicon

Total questions: 63

Worksheet time: 1hrs 7mins

Name
Class
Date
1.

It is the source of obligation where lawful, unilateral, voluntary acts giving rise to juridical relation to the end that no one shall be unjustly enriched at the expense of another?

a)

Law

b)

Contract

c)

Quasi-delict

d)

Quasi-contract

2.

Statement 1: Obligation arising from contracts have the force of law between the contracting parties and should be complied with in good faith as provided by Article 1159 of the New Civil Code

Statement 2: Obligations derived from law are presumed and those expressly determined in the Civil code or special laws are demandable.

a)

True, True

b)

False, False

c)

True, False

d)

False, True

3.

The following are elements of obligation, except

a)

Active Subject

b)

Vinculum Juris

c)

Passive Subject

d)

Presentation

4.

Obligation may arise from any of the following except:

a)

Law

b)

Contract

c)

Delict

d)

Efficient cause

5.

This is a voluntary management of an abandoned property or business in good faith without the authority and consent of the owner?

a)

Law

b)

vinculum juris

c)

Negotiorum Gestio

d)

Solutio Indebiti

6.

What is the effect when the debtor voluntarily pays the creditor of his obligation after prescription?

a)

The payment is not valid because of prescription, hence the debtor may recover

b)

The payment is not valid because of prescription but the debtor may not recover

c)

The payment is valid even after prescription but the creditor may not retain payment

d)

The payment is valid even after prescription and the creditor may retain payment

7.

Joseph and Abrahm jointly and voluntarily managed the abandoned property of George located in Sampaloc Manila without the consent of the latter. However, due to negligence of Joseph the property was destroyed. What is the nature of the obligation of Joseph and Abrahm?

a)

Joint but only Joseph is liable

b)

Solidary but only Joseph is liable

c)

both are liable jointly

d)

Both are solidarily liable

8.

Cheeky, the payee of a check for P10,000 cashes it with VDO drawee bank. However, Junjun the bank teller mistakenly gave him P 11,000. What is the obligation of Cheeky?

a)

There is no obligation to return because it was given mistakenly by the bank

b)

There is solution indebiti, hence, there is an obligation to return half of the excess amount

c)

There is no obligation to return because the Cheeky will not be unjustly enriched at the expense of a bank

d)

There is obligation to return the full excess amount because of solution indebiti

9.

What is the source of the obligation when a person who is constrained to pay the taxes of another is entitled to reimbursement from the latter?

a)

Law

b)

Contract

c)

Quasi-contract

d)

Quasi-delict

10.

Statement 1: To be held liable for damages, it is necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

Statement 2: Contract is the force of law between contracting parties, hence they can stipulate whatever they want as long as they agree to such terms.

a)

True, True

b)

True, False

c)

False, True

d)

False, False

11.

These are acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties?

a)

Law

b)

Contract

c)

Quasi-contract

d)

Quasi-delict

12.

Which governs this statement, Husband supports his wife and wife supports her husband?

a)

Law

b)

Contract

c)

Quasi-contract

d)

Quasi-delict

13.

The following are the obligation of a debtor to deliver a determinate thing except?

a)

To take good care of the thing with diligence of a good father of the family unless Law or Stipulation of the parties provides another standard of care.

b)

To place the thing in the possession or control of

of the creditor either actually or constructively

c)

To deliver the fruits of the thing

d)

To deliver the accessions and accessories only if they have been mentioned

14.

What is the remedy of the creditor if debtor fails to perform his obligation to deliver a determinate thing?

a)

Demand for damages only

b)

Compel the debtor to make delivery only

c)

Specific performance plus damages

d)

None because it is extinguished

15.

What is the remedy of the creditor if debtor fails to perform his obligation to deliver a generic thing?

a)

Demand for damages

b)

Compel the debtor to make delivery

c)

Compel the debtor to make delivery

d)

To ask that the obligation be complied with at the expense of the debtor plus damages

16.

Ms. Pearl agreed to deliver 1,000 pieces of law books to the office of Mr. George after the latter misrepresented as the Dean of UP Law school and issued a bouncing check. What is the remedy of Ms. Pearl?

a)

Claim for damages only because the contract is void

b)

To annul the contract because it is voidable and ask for damages

c)

Annulment of contract only because the contract is voidable

d)

To declare nullity of the contract because the

contract is void ab initio and ask for damages.

17.

A contract of sale between Albert, the seller, and Alger, the buyer, indicates that Albert will deliver 100 sacks of Japanese rice on June 1, 2019. The buyer paid his obligation on May 25, 2019 while the seller delivered 100 sacks of rice on June 5, 2019. Alger performed a random check on the delivery and found out that 20 sacks of rice are not of the same quality as agreed. What is/ are the remedy of Alger?

a)

Ask for damages only because the contract is defective

b)

Ask for damages only because the contract is not defective

c)

To annul the contract because there is fraud that

vitiates the consent

d)

To annul the contract because of fraud and ask for damages

18.

As a rule, no person shall be liable in case of fortuitous event except in the following instances:

a)

Law so provides

b)

Stipulations so provides

c)

Nature of obligation requires assumption of risk

d)

All of the above

19.

Statement 1: Waiver of an action based on future fraud is valid while waiver of an action based on past fraud is void.

Statement 2: The required standard of care for common carrier is the diligence of the good father of the family.

a)

True, True

b)

True, False

c)

False, True

d)

False, False

20.

This is a kind of obligation that does not grant a right of action to enforce their performance and it is based on equity?

a)

Civil obligation

b)

Natural Obligation

c)

Joint Obligation

d)

Indivisible Obligation

21.

Statement 1: The happening of a resolutory condition will give rise to an obligation while the happening of a suspensive condition will extinguish an obligation.

Statement 2: A condition is potestative when the fulfillment depends upon the will of one of the parties

a)

True, True

b)

True, False

c)

False, True

d)

False, False

22.

Statement 1: A potestative suspensive condition and the happening of which is dependent upon the will of the Debtor is void,

Statement 2: A potestative resolutory condition and the happening of which is dependent upon the will of the Debtor is valid

a)

True, True

b)

True, False

c)

False, True

d)

False, False

23.

Statement 1: Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain

Statement 2: A day certain is understood to be that which must necessarily come, although it may not be known when

a)

True, True

b)

True, False

c)

False, True

d)

False, False

24.

Mr. Pangako promises his son to give a brand new Ford Raptor if the latter will pass the CPA board examination. What kind of obligation is present in the case?

a)

Potestative Obligation

b)

Obligation with a period

c)

Suspensive Conditional obligation

d)

Resolutory Conditional obligation

25.

Mama Shark told her daughter that she will give the latter P300 every day until the day of her graduation in college. What kind of obligation is present in the case?

a)

Pure Obligation

b)

Obligation with a resolutory period

c)

Suspensive Conditional obligation

d)

Resolutory Conditional obligation

26.

I promise to give a puppy poodle if your only dog will die. What kind of obligation is present?

a)

Pure Obligation

b)

Obligation with a resolutory period

c)

Suspensive Conditional obligation

d)

Resolutory Conditional obligation

27.

In alternative obligation where the right of choice has been expressly given to the creditor, If one or some but not all were lost by reason of debtor's fault, what is/ are the remedy?

a)

The creditor may claim for damages because the obligation was extinguished due to debtor's fault.

b)

The creditor may claim any of the subsisting or remaining without damage.

c)

The creditor may claim the price of that which has disappeared, with a right to damages.

d)

Both B and C

28.

In alternative obligation where the right of choice has been expressly given to the creditor, If all were lost by reason of debtor's fault, what is/ are the remedy?

a)

Creditor may choose the price of any one of the prestations lost plus indemnity for damages

b)

Creditor may recover the value of the last thing which disappeared with indemnity for damages

c)

The creditor may claim for damages because the obligation was extinguished due to debtor's fault

d)

Both A and B

29.

In alternative obligation where the right of choice has been expressly given to the debtor, If all were lost by reason of debtor's fault, what is/are the remedy?

a)

Creditor may choose the price of any one of the prestations lost plus indemnity for damages

b)

Creditor may recover the value of the last thing which disappeared with indemnity for damages

c)

The creditor may claim for damages because the obligation was extinguished due to debtors

fault

d)

Both A and B

30.

It is the juridical necessity to give, to do or not to do?

a)

Obligation

b)

Sales

c)

Contract

d)

Partnership

31.

Juan and Pedro are jointly liable to Carlos for P 100,000. How much can carlos collect from Juan?

a)

P 100,000

b)

P 75,000

c)

P 50,000

d)

P 25,000

32.

What is the effect if the substitute was lost before substitution by the debtor?

a)

The debtor is liable for the loss of the substitute under facultative obligation.

b)

The debtor is not liable for of the loss substitute in case of fortuitous event only.

c)

The debtor is not liable for the loss even if it was due to his fault.

d)

The debtor is liable for damages if the loss is due to his fault but the obligation is extinguished if due to fortuitous event.

33.

Juan and Pedro are jointly and severally liable to Carlos for P 100,000. How much can Carlos collect from Juan?

a)

P 100,000

b)

P 75,000

c)

P 50,000

d)

P 25,000

34.

Juan and Pedro are jointly and severally liable to Carlos and Agassi for P 100,000. How much can Carlos collect from Juan?

a)

P 100,000

b)

P 75,000

c)

P 50,000

d)

P 25,000

35.

Juan and Pedro are liable to Carlos and Agassi for P100,000. How much can Carlos collect from Pedro?

a)

P 100,000

b)

P 75,000

c)

P 50,000

d)

P 25,000

36.

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.

37.

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 consists of abstaining from some act.

38.

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 tic which binds the parties to the obligation, also known as juridical tie or vinculum

e)

The form in which the obligation is manifested

39.

Among the essential elements of an obligation, which are considered the personal elements

a)

Obligee and obligor

b)

. Prestation and vinculum

c)

Oblige and vinculum

d)

Prestation and obligor

40.

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.

41.

When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative

a)

True

b)

False

42.

1. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable.

a)

True

b)

False

43.

Once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.

a)

True

b)

False

44.

Once the substitution has been made, the obligor is not liable for the loss of the substitute due to fortuitous event and will result to extinguishment of obligation

a)

True

b)

False

45.

There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.

a)

True

b)

False

46.

The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility

a)

True

b)

False

47.

The concurrence of two or more creditors or of two or more debtors in one and the same obligation does imply that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation.

a)

True

b)

False

48.

A solidary creditor cannot assign his rights without the consent of the others

a)

True

b)

False

49.

In as solidary obligation, the debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him

a)

True

b)

False

50.

Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall not extinguish the obligation, with prejudice to the provisions of Article 1219

a)

True

b)

False

51.

The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.

a)

True

b)

False

52.

The remission of the whole obligation, obtained by one of the solidary debtors, does entitle him to reimbursement from his co-debtors

a)

True

b)

False

53.

Payment means only the delivery of money and not included is the performance in any other manner, of an obligation.

a)

True

b)

False

54.

When the obligee accepts the performance , knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with.

a)

True

b)

False

55.

Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a performance.

a)

True

b)

False

56.

Condonation or remission is an onerous abandonment by the creditor of his right against the debtor.

a)

True

b)

False

57.

If in a situation, the person or qualities of creditor and debtor with respect to the same obligation, obligation is extinguished.

a)

True

b)

False

58.

The law treats confusion or merger as a mode of extinguishing obligations because id a debtor is his own creditor, enforcement of the obligation becomes absurd since a person cannot claim payment from himself.

a)

True

b)

False

59.

Merger is the extinguishment to the concurrent amount of the debts of two persons who, in their own right are debtors and creditors of each other.

a)

True

b)

False

60.

He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made unless not yet due

a)

True

b)

False

61.

It is a source of an obligation that refers to the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.

a)

. Law

b)

Contract

c)

Quasi-contract

d)

Quasi-delict

62.

It is a source of an obligation that refers any act or omission punishable by law.

a)

. Law

b)

Contract

c)

Delict

d)

Quasi-delict

63.

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)

. Law

b)

Contract

c)

Delict

d)

Quasi-delict