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.