1. Lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another:

(A) quasi-delicts

(B) quasi-contracts

(C) culpa contractual

(D) solutio indebiti

2. The following are requisites of an obligation, except

(A) passive subject/ debtor/ obligor.

(B) active subject/ creditor/ obligee

(C) efficient cause.

(D) demand

3. It is the voluntary administration of the property of another without his consent.

(A) negotiorum gestio

(B) solution indebiti

(C) quasi-delict

(D) contract

4. Unless the law or stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with:

(A) extraordinary diligence

(B) diligence of a father of a good family

(C) diligence of a good father of a family

(D) good diligence of a father of a family.

5. If the creditor has a right that is enforceable against a definite passive subject, this right is known as:

(A) personal right

(B) real right

(C) natural right

(D) civil right.

6. Under a contract, X bound himself to render tutorial services for Y. Determine the passive subject:

(A) X

(B) Y

(C) Rendering secretarial services

(D) Contract

(E) Quasi-contract

7. Using the premise and choices in No.6, determine the juridical tie.

(A) X

(B) Y

(C) Rendering secretarial services

(D) Contract

(E) Quasi-contract

8. Using the premise and choices in No.6, determine the active subject.

(A) X

(B) Y

(C) Rendering secretarial services

(D) Contract

(E) Quasi-contract

9. Using the premise and choices in No.6, determine the prestation.

(A) X

(B) Y

(C) Rendering secretarial services

(D) Contract

(E) Quasi-contract

10. Carla offers to sell her house to Charles for Php 1,000,000.00. Charles requested if he would accept Php 950,000.00. Which of the following is correct?

(A) The contract is void because there is no consent.

(B) The response of Charles is a counter-offer because it is not absolute.

(C) The response of Charles is a mere request, hence the offer is still effective.

(D) The contract is rescissible because of the because the price is not yet agreed upon.

11. The following are the rules in innominate contracts:

(A) It is based on the stipulations of the parties.

(B) The provisions of the laws on obligations and contracts prevail.

(C) The rules on the most analogous nominate contracts will govern.

(D) The customs of the place govern.

12. The following are principal sources of law, EXCEPT:

(A) decisions of foreign tribunals

(B) administrative orders

(C) jurisprudence

(D) statutes

13. Statement I: Obligations arising from law are presumed. Statement II: If it cannot be determined whether the obligation is joint or solidary, it is presumed to be solidary.

(A) Both statements are INCORRECT.

(B) Both statements are CORRECT.

(C) Only Statement I is correct.

(D) Only Statement II is correct.

14. In which of the following cases is demand NOT required to be made on the due date of the obligation in order for delay to exist?

(A) when it was stipulated by the parties that demand need not be made

(B) when the law provides that demand need not be made

(C) when the obligation does not indicate whether demand must be made or not on the due date

(D) when time is of the essence of the contract.

15. D borrowed 50,000 from C. C dies before he has collected the debt. Which of the following statements is correct?

(A) C's heirs can collect from D although D and C did not agree that the right to the debt will pass on the heirs of C.

(B) C's heirs cannot collect because the credit right is personal to C.

(C) C's heirs can collect only if D and C agreed that the right to the debt will pass on the heirs of C.

(D) C's heirs cannot collect because the law prohibits the transmission of the credit right.

16. In which of the following cases is there no liability for loss due to fortuitous events?

(A) when the debtor delays

(B) when the parties so stipulated that there shall be liability even in case of loss due to fortuitous events

(C) when the nature of the obligation requires the assumption of the risks

(D) when the obligation is to deliver a determinate thing and there was no stipulation as to the liability of the debtor in case of loss due to fortuitous events.

17. The following are the remedies of the creditor to pursue his claims against the debtor, except to:

(A) pursue the property owned and in the possession of the debtor

(B) exercise all the rights and bring all the actions of the debtor (accion subrogatoria)

(C) impugn the acts which the debtor may have done to defraud his creditors (accion pauliana)

(D) compel the debtor to perform the service in obligations to do.

18. Carla executed a promissory note in favor of Charles. The same promissory note was negotiated back to Charles by Carla. Hence, the obligation arising from the execution of the said promissory note was already extinguished because:

(A) Novation

(B) Remission

(C) Confusion or Merger.

(D) Payment

19. On a certain year, D was obliged under a contract executed on January 1, 2014 to deliver an agricultural land to C if C graduates from college. C graduated on April 1, 2014. C has a right over the agricultural land beginning on:

(A) April 1, 2104

(B) January 1, 2014

(C) on the date D gives the land to C

(D) the period should be fixed by the court so that it can be determined when C is entitled to the fruits.

20. Under a contract executed on January 2, 2014, D obliged himself to give a specific car to C on February 3, 2014. On February 1, 2014, C demanded the delivery of the car but D did not comply. The following day, the car was struck by lightning and was totally wrecked. What is the effect of this loss?

(A) The obligation of D is extinguished because the loss is due to fortuitous event and D was not in default.

(B) The obligation of D is not extinguished because D can deliver another car.

(C) The obligation of D is not extinguished because D was in default.

(D) The obligation of D is not extinguished because the demand was not made on due date.

21. On January 1, 2014, D promised to deliver 100 sacks of chicken dung to C on February 1, 2014. On February 1, 2014, C demanded the delivery of the 100 sacks of rice from D but D did not comply. The following day, a fire of undetermined origin destroyed D's warehouse together with all sacks of chicken dung stored therein and from which D intended to get the 100 sacks of chicken dung for delivery to C. What is the effect of this loss?

(A) D's obligation to deliver 100 sacks of rice to C is extinguished, the cause of the loss being a fortuitous event.

(B) D's obligation to deliver 100 sacks of rice to C is not extinguished because he can get 100 sacks of rice from other sources.

(C) D's obligation to deliver 100 sacks of rice to C is not extinguished because D was in default.

(D) D's obligation is to pay damages because he was in default.

22. If the buyer failed to pay the down payment on time but the seller nevertheless accepted it without objection, the legal effect is:

(A) The buyer is liable for damages due to delay.

(B) The obligation of the buyer is not extinguished.

(C) The obligation of the buyer is deemed fully complied with.

(D) The buyer is liable for negligence in not raising an objection.

23. The following are effects of mora solvendi, EXCEPT:

(A) the debtor is guilty of breach

(B) the debtor is liable for damages

(C) the debtor is liable for loss even if through fortuituous event

(D) the debtor is not liable for loss in case of fortuitous event

24. Which of the following obligations is NOT demandable at once?

(A) D to give his car to C. No date was fixed by the parties for the date of delivery.

(B) D to give his car to C until C completes his course in BS Accountancy.

(C) D to give his car to C until X dies.

(D) D to give C his car should C enrol in BS Accountancy.

25. It is the performance of an obligation in accordance with the stipulations and terms of the contract or agreement:

(A) constructive fulfilment

(B) extraordinary diligence

(C) culpa contractual

(D) compliance in good faith

26. On January 1, 2014, D obtained from C a loan of 100,000. The loan is secured by a chattel mortgage on D's car and is payable on December 31, 2014. On September 26, 2014, the car was taken at gunpoint from D while he was starting its engine at a parking lot of a department store.

(A) D's loan obligation is extinguished. However, D must give a property which C may sell to satisfy his claim.

(B) D's loan obligation subsists. However, C may demand its immediate payment unless D gives another security.

(C) D's loan obligation subsists. However, C may not demand immediate payment since the loss of the security was without the fault of D. D, moreover, is not required to give a new security.

(D) D's loan obligation is extinguished together with the mortgage since the loss of the car was without the fault of D.

27. Under a contract between D and C, D is obliged to deliver 10 bags of pure muscovado sugar to C 10 days after execution of their agreement. On the due date, D delivered to C 10 bags of muscovado sugar which he mixed with Chocnut and brown sugar.

(A) the contract is voidable because of the fraud employed by D.

(B) the contract is valid because the fraud employed by D does not affect the validity of the contract; D is however obliged to pay damages to C.

(C) the contract is void because of the fraud employed by D in the performance of his obligation.

(D) the contract is rescissible because of the damages suffered by C.

28. A, B, and C are liable in solidum to X for 12,000. Later, B became insolvent.

(A) X can collect from C 8,000.

(B) X can collect from C 4,000.00

(C) X can collect from C 12,000.00

(D) X can collect nothing from C.

29. D is obliged to give C a specific car if C passes LAW 1 this semester. D's obligation is an example of:

(A) a pure obligation.

(B) an obligation with a suspensive condition.

(C) an obligation with a resolutory condition.

(D) an obligation with a period.

30. Which of the following obligations is not immediately demandable?

(A) pure obligation.

(B) obligation with a resolutory condition

(C) obligation with an in diem period

(D) obligation with ex die period.

31. When the debtor binds himself to pay when his means permit him to do so, the obligation is:

(A) an obligation with a resolutory condition

(B) a pure obligation

(C) an obligation with a suspensive condition

(D) an obligation with a suspensive period.

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

(A) the debtor

(B) the creditor

(C) both the debtor and the creditor

(D) neither of the parties.

33. The debtor shall lose the right to make use of the period in the following cases, except:

(A) when the guaranty or security is lost and he gives new ones

(B) when he violates any undertaking in consideration of which the creditor agreed to the period

(C) when the debtor attempts to abscond

(D) when he does not furnish any guaranty or security which he has promised

34. An obligation ceases to be alternative and becomes a simple obligation in the following cases, EXCEPT:

(A) when the debtor has communicated his choice to the creditor

(B) when the right of choice has been expressly granted to the creditor and his choice has been communicated to the debtor

(C) when among the several prestations that are due only one is practicable

(D) when three prestations are due but one of them is unlawful or impossible.

35. The following obligations are divisible, except an:

(A) obligation to give definite things.

(B) obligation which has for its object the execution of a certain number of days of work.

(C) obligation which has for its object the accomplishment of work by metrical units.

(D) obligation which by its nature is susceptible of partial performance.

please answer this carefully