What is the definition of an obligation under Article 1156 of the New Civil Code of the Philippines? 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. Itrefers to an obligation which consists of abstaining from some act.

In what type of obligation of obligation to deliver a thing is loss due to fortuitous event as a mode of extinguishing the obligation applicable? а. Obligation to deliver a generic thing b. Obligation to deliver a specific thing C. Obligation to deliver an indeterminate thing d. Obligation to deliver a common thing

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

Which of the following is a positive and real obligation? a. Obligation to teach b. Obligation not to smoke in public place C. Obligation to deliver the goods d. None of the above

The following are the requisites of a prestation or an 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 in money. d. It must be a positive obligation only

What is the nature of the responsibility or liability of two or more officious managers in a negotiorum gestio? a. Generally it shall be solidary unless the management was assumed to save the thing or business from imminent danger which will make their liability to be joint only. b. Generally it shall be joint unless the management was assumed to save the thing or business from imminent danger which will make their liability to be solidary. C. It is always solidary.7. d. It is always joint.

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 by a written contract of loan but a period of 10 years had already lapsed from maturity date without demand from creditor. b. The obligation of a debtor to reimburse a third person who has paid the debtor's 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 her received by will or by the law of intestacy from the estate of the deceased. d. The obligation of the employer of a "Kasambahay" to pay the 13th month pay of the latter.

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

A owes B P1,000. A, knowing that the debt has prescribed, nevertheless, still pays B. Can A recover what he voluntarily paid? I. Yes, because B has no right to demand the payment effected by A II. No, the payment extinguished the natural obligation a. I is correct b. Il is correct c. Both are correct d. Both are wrong

When will a person who accepts an undue payment of a sum of money be liable for interest? a. When he receives the undue payment in bad faith. b. When he receives the undue payment in good faith c. When he receives the undue payment, regardless of being bad or good faith. d. Under all instances.

While traversing a narrow bridge, a public utility bus driven by Don Cruz collided with a private vehicle driven and owned by Jose Reyes. Don Cruz was an employed bus driver by JAC Liner Bus Incorporated which owned and operated the above mentioned public utility bus. Patricia, a passenger of the public utility bus, and Trina, a pedestrian crossing the bridge, were injured. What is the proper source of obligation if Trina will file a civil action against JAC Liner Bus Incorporated? a. Solutio Indebiti b. Negotiorum Gestio c. Contract d. Culpa Acquiliana

When will a person who in good faith accepts an undue payment of a thing certain or determinate be responsible for the impairment or loss of the same or its accessories and accessions? a. He is liable only in so far as he has thereby been benefited. b. When he is not guilty of negligence c. He is liable in any instances. d. When the reason of loss is fortuitous event.

In the prosecution for 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 civil case based on quasi-delict? a. Yes because a single act may result to different sources of obligation and crime and quasi-delict are separate and distinct sources of civil liability but the private offended party (plaintiff) cannot recover twice civil damages for a single act since civil damages are awarded to compensate the victim for the injury caused to him but not to unjustly enrich him. b. No because the accused shall not be subject to double jeopardy. c. Yes only if there is a contract between the contending parties. d. No because the private offended party is barred by the principle of res judicata.

While trying to pass each other on a narrow bridge, a passenger bus and a private automobile collided, and two persons, A and B, were injured. A was a passenger of the bus while B was a pedestrian. The bus company was made a defendant although its employee driver was the one driving the bus and the owner-driver of the private car was also made a defendant. What can be the source of obligation of the bus company as regards to A, the passenger? a Contract of carriage for failure to exercise extra-ordinary diligence b. Culpa aquiliana or quasi-delict if he exercised diligence of a good father of a family in selecting his emplovees. c. Culpa criminal or crime and considered a principal liability d. Quasi-contract

Which of the following refers to an indeterminate thing or generic thing? a. Black Honda Civic Car with Plate Number CPA-123 b. White Machinery with Serial Number 123-456 c. Red motor cycle with engine number 143-245 d. Studio Type Condominium unit in Avida Taft Tower 1

in an obligation to deliver a determinate thing, what degree of diligence shall be exercised by the obligor or debtor in the preservation of the determinate or specific or delimited generic thing? a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of care b. Diligence of a father of a good family unless the law or the stipulation of the parties requires another standard of care. c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person unless the law or the stipulation of the parties requires another standard of care. d. No diligence unless the law or the stipulation of the parties requires another standard of care

The folowing are the incidental or accessory obligations in an bigation to deiverandate nate thing or specie thing or delimited generic thing, except a. Obligation to preserve the thing with due care. b. Obligation to deliver the fruits if the fruits occur after the obligation to deliver the determinate thing arises. C. Obligation to deliver the accessions and accessories d. Obligation to pay for the freight and insurance in transit.

Is the debtor or obligor liable for damages by reason of the loss of the determinate thing due to fortuitous event? a. No, as a general rule, except in those cases provided by law. b. Yes, as a general rule, unless he is exempted by creditor or obligee. c. Yes in all cases d. No in all cases

In case a public official who has the ministerial duty to perform a particular obligation or public duty under the law fails to do such obligation, what is the remedy of the offended party? a. Civil action for specific performance b. Special civil action for mandamus c. Special civil action for certiorari d. Special civil action of prohibition

In an obligation to do, what is the remedy of the creditor in case the debtor did it in contravention of the tenor of the obligation or did it poorly? a. Action for specific performance with damages. b. Action for annulment of obligation with damages c. The creditor or third person may do it in a proper manner or it may be decreed that what had been poorly done be undone at the expense of the debtor. d. Action for damages only to be awarded by the Court.

In an obligation to do whereby only the debtor can do the thing, what is the remedy of the creditor if the debtor fails to do the prestation? a. Action for specific performance with damages. b. Action for annulment of obligation with damages. c. The creditor or third person may do it in a proper manner at the expense of the debtor. d. Action for indemnification for damages.

In a reciprocal obligation, when does the other party incur delay? a. From the moment one of the parties makes a demand. b. From the moment one of the parties fulfils his obligation. c. When both parties do not comply with what is incumbent upon them d. When both parties are not ready to comply in proper manner their obligations.

The following are the requisites in order that the debtor or obligor may be in default, except a. There must be a complaint filed in court against the debtor. b. The obligation must be demandable and already liquidated. C. The debtor delays performance of the obligation. d. The creditor demands the performance judicially or extrajudicially.

Which of the following is the effect of delay on the part of the debtor a k a mora solvend? 1. The debtor becomes liable for damages for the delay. II. When it has for its object a determinate thing, the delay places the risk of the thing on the debtor. a. I only b. Il only c. Both I and II d. Neither I nor Il

Which of the following statements pertains to 'fraud? a. It is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such person suffers injury b. It refers to the non-fulfillment of the obligation with respect to time. c. It refers to the deliberate and intentional evasion of the normal fulfillment of obligations. d. It refers to illicit act which impairs the strict and faithful fulfillment of the obligation or every kind of defective performance.

As a general rule, no person shall be responsible for those events which could not be foreseen, though foreseen, were inevitable or also known as fortuitous events or force majeure. The following are the instances when a party is liable for the loss even it is due to fortuitous event, except a. In cases expressly specified by law such as when the debtor incurs delay. b. When there is stipulation that the obligor or debtor is still liable even in cases of fortuitous events. c. When the hature of the obligation requires the assumption of risks. d. When the fortuitous event is the immediate, proximate and sole cause of the damage or injury.

the patrimony of the debtor the product of such actions, and then obtain therefrom the satisfaction of his own credit. It refers to the right of unpaid creditor to exercise the right of his debtor. a. Accion reindivicatoria b. Accion subrogatoria C.Accion pauliana d. Accion publiciana

It refers to the creditor's right to set side or revoke or rescind the acts or contracts which the debtor may have done to defraud him. a. Accion pauliana b.Accion reindivicatoria c. Accion publiciana d. Accion subrogatoria

Which of the following statements concerning rights acquired by virtue of an obligation is correct? a. As a general rule, they are not transmissible. b. They are transmissible only if there is stipulation to that effect. C. Subject to the provisions of laws, they are transmissible unless there is stipulation to the contrary. d. They are always transmissible

Is the creditor required to accept payment or performance by a third person who has no interest in the fulfillment of the obligation? a. Yes because it is provided by law. b. Yes because it is for the benefit of the creditor. c. No, unless there is stipulation to the contrary. d. No, under any circumstances.

What is the right of a third person who pays for the debtor without the knowledge or against the will of the debtor? a. The third person may demand the whole amount paid from the debtor. b. The third person cannot recover any amount. C. The third person may compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty or penalty. d. The third person may recover only insofar as the payment has been beneficial to the debtor but there will be no legal subrogation.

What is the remedy of the debtor if the creditor to whom tender of payment has been validly made refuses without just cause to accept it? a. Consign or deposit the thing or sum due to the court b. Payment by cession c. Dation in payment d. Application of payments

In delégacion, may the insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, revive the action of the latter against the original debtor? a. Yes, under any circumstances because the obligation is already extinguished. b. No as a general rule except in two cases: 1) when said insolvency was already existing and of public knowledge when he delegated his debt, or 2) when said insolvency was known to the original debtor when he delegated his debt. c. Yes even of the creditor has knowledge that the new debtor was insolvent at the time of delegation. d. No because the debtor has not given his consent to the delegation.

A has checking acount in BDO Unibanj with pasitive balance of P1,00,00 A borowed 1,000,000 from the same bank. At the maturity date of the loan payable of A, what mode of extinguishing obligation is present? a. Condonation b. Merger c. Compensation d. Delegacion

Peter is the father of Monica, a minor. Nomer, the neigbor of Peter, paid the fare of Monica who rode a public utility vehicle without any money on her pocket. What is the source of obligation of Monica to the driver of public utility vehicle as to the payment of fare? a. Contract b. Law C. Quasi-contract d. Quasi-delict

Due to oversight, University of San Pedro, a nonstock non-profit educational institution, paid income tax to BIR on its revenues actually, directly and exclusively used for educational purposes. What is the source of obligation of BIR to University of San Pedro? a. Delicto b. Culpa Acquiliana C. Solutio Indebiti d. Negotiorum Gestio

Which of the following is not a requisite of civil action based on quasi-delict or culpa aquiliana? a. There is pre-existing relation or contract between the offender (respondent-dependant) and offended parties (complainant-plaintiff). b. There exists a wrongful act or omission imputable on the defendant by reason of his fault or negligence. C. There exists a damage or injury which must be proved by the person claiming recovery (plaintiff-complainant). 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.

Amado was acquitted on the criminal case of reckless imprudence resulting to homicide for failure of the prosecution to prove his guilt beyond reasonable doubt. The private offended party filed a civil action against Amado based on quasi-delict. May the action prosper? a. No because such action is in violation of Amado's constitutional right against double jeopardy. b. No because the dismissal of the criminal action is tantamount to res judicata. C. Yes because a single act by the defendant-respondent may result to two or more different sources of civil obligation. d. Yes provided the civil action based on quasi-delict was reserved by the private offended party prior to the filing of criminal action.

Which of the following is not an incidental obligation in obligation to deliver a determinate or a specific thing? a. Obligation to preserve the determinate thing with due care before its delivery b. Obligation to deliver the fruits of the determinate thing if the fruits occur after the obligation to deliver the determinate thing arises c. Obligation to deliver the accessions and accessories of the determinate thing d. None of the above

C is an avid fan of BTS K-Pop Group. C hired BTS K-Pop Group to perform a mini-concert on his 18th birthday. On the agreed date of performance, BTS -Pop Group refused to perform the prestation despite repeated demands from C. What is the appropriate legal action on the part of C? a. Action for indemnification for damages b. Action for annulment of obligation c. Action for specific performance plus damages. d. Action to ask EXO K-Pop Group to perform the prestation at the expense of BTS K-Pop Group plus damages.

In the absence of diligence required by law and diligence validly agreed by the contracting parties, what is the default diligence to be observed by the contracting parties in the performance of their obligation? a. Utmost diligence of very cautious person b. Diligence of a father of good family c. Diligence of a reasonably prudent person d. Extraordinary diligence

In theesence ofexpress dipulalion as to the place of payment, where shal paymentof an obligalion to deliver a determinate or specific or delimited thing be made? a. Wherever the thing might be at the moment the obligation was constituted or perfected. b. Place designated by third party. C. Domicile of the debtor. d. Domicile of the creditor.