Question
ANSWER THIS QUESTIONS: 7. One which binds the parties to the obligation, and which may arise from either bilateral or unilateralacts of persons. 1/1 a.
ANSWER THIS QUESTIONS:
7. One which binds the parties to the obligation, and which may arise from either bilateral or unilateralacts of persons. 1/1 a. Active subject b. passive subject c. prestation d. juridical tie
28.Damages awarded as an adequate compensation for such pecuniary loss suffered and as duly proved. 1/1 a.Liquidated b.Actual c. Nominal d. Temperate
34. The wrong or negligence committed in the performance of an obligation / contract. 1/1 a. culpa extra contractual b. culpa contractual c. culpa incidente d. culpa aquiliana
54. As a general rule, rights acquired by virtue of an obligation are transmissible in character. As a general rule, in impossible and illegal conditions, the obligations which depend upon them shall be annulled. 1/1 a. true; true b. false; false c. true; false d. false; true
69. An obligation which must be expressed in stipulation or provided by law or by the nature of the obligation. 1/1 a. solidary b. joint c. divisible d. indivisible
75. Which of the following is not a conditional obligation? 1/1 a. Daniel to give Kathryn P1M if she passes the examination. b. Daniel to pay Kathryn P1M if he has the means. c. Daniel to give Kathryn a sports car if Kathryn marries Vice Ganda. d. None of the above.
76. The buyer has the right to the fruits of the thing from: 1/1 a. The time the thing is delivered. b. The time the obligation to deliver the thing arises. c. The time the sale is perfected. d. The time the fruits are delivered.
80. The following are the requisites of cession in payment, except: 1/1 a. one debtor and one creditor b. complete or partial insolvency c. more than one debt d. abandonment of all debtor's property not exempt from execution.
81. Agi owes Andal P10,000. Before the due date of the obligation a third person, Violago paid Andal P6,000 with the consent of Agi. Agi now has two (2) creditors, Andal for the balance of P4,000 and Violago for P6,000. If Agi now has P4,000 to pay his obligation, who between Andal and Violago is preferred? 1/1 a. Andal, because he is the original creditor b. Violago, because he has the bigger amount of credit to Agi c. both Andal and Violago, in proportion to their credits d. none of the two.
82. May novation which consists in substituting a new debtor in the place of the original one be made without the knowledge or against the will of such debtor? 1/1 a. No, that would constitute violation of the agreement. b. Yes, anyway the debtor will be benefitted by the substitution. c. No, new debtor will be at a disadvantage by the novation. d. Yes, but the substitution must always be with the consent of the creditor.
83. Bato obliged himself to give Baste a can of opium. Later, Bato and Baste agreed that instead of a can of opium, Bato will just give Baste P10,000. Is there a novation in the given facts? 1/1 a. Yes, since there was a change in the object of the obligation. b. No, because the original obligation is void or inexistent. c. Yes, it is essential that both parties agree to novate. d. none of the above.
86. Kat owes Marge P5M. Tonet wrote Marge a letter stating that he would be the one to take care of Kat's debt as soon as she (Toned) had made a shipment of logs to Japan. Tonet never made such shipment, hence, was not able to pay Marge. Is Tonet liable to Marge? 1/1 a. Yes, because she has already subrogated Kat on the latter's obligation. b. Yes, because Kat's obligation was already extinguished. c. Yes, because Tonet's offer is subject to a resolutory condition. d. No, because Marge did not consent to the offer.
90. Juvic owes Joven P1M due on November 15, 2021. In another obligation, Joven owes Juvic P1M due on November 30, 2021. Can there be compensation in this case? 1/1 a. Yes, because they are both creditors and debtors of each other. b. Yes, because both the debts consists in a sum of money. c. No, because one of the debts is not demandable. d. No, because one of the debts is not yet due.
91. Dugong commits the crime of carnapping. Lena, the complainant, agreed to forgive him and to dismiss the case against him provided that he will return the car stolen. The night before the car's delivery, the house of Dugong was razed by fire. The car was totally burned. Is Dugong's obligation extinguished? 1/1 a. No, because another car may be delivered to replace the lost one. b. No, because the thing to be returned proceeded from a criminal offense, the loss of it shall not extinguish the obligation. c. Yes, because the fire is a fortuitous event which is beyond the control of Dugong. d. Yes, because lost of the determinate extinguishes the obligation.
92. The thing is considered "lost" under the circumstances below, except 1/1 a. the thing perishes b. the thing goes out of commerce c. the thing disappears in such a way its existence becomes unknown or cannot be recovered d. the thing has lost its value.
93. Gil obliges himself to pay Paolo P100,000 in 30 days plus a penalty of P20,000 if A fails to pay the obligation in due time. Gil failed to pay the obligation in 30 days. Paolo can demand from Gil 1/1
a. the principal of P100,000 plus P20,000 penalty b. the principal of P100,000 plus P20,000 penalty, plus legal interest c. the principal of P100,000 plus legal interest d. the principal of P100,000 plus P20,000 penalty, plus legal interest, plus damages.
94. Abner is indebted to Boy for P200,000. Zandro is the guarantor of Abner. Boy is also indebted to Abner for P80,000``. How much will Zandro be liable as guarantor if Boy sues Abner and Abner cannot pay? 1/1
a. P120,000 b. P20,000 c. P80,000 d. Zandro has no liability
96. On October 4, 2021, Abner is indebted to Boy for P500,000 for a 20-day period. Abner proposed to Boy that Zandro will pay Abner's debt, and that Abner will be free from all liabilities. Boy and Zandro agree to the proposal. On October 25, 2021, when Boy tries to collect from Zandro, he finds that Zandro was insolvent. At the time of the delegation, Zandro was already insolvent but this fact was not known to Abner. The insolvency is not of public knowledge. So Boy sues Abner on the ground that it was Abner who made the proposal and that Abner really guaranteed Zandro's solvency. Decide. 1/1
a. Abner is liable because he is presumed to have guaranteed Zandro's insolvency. b. Abner is not liable, because Abner does not know the insolvency of Zandro at the time of the delegation and neither was the insolvency a public knowledge. c. Abner is liable because he did not exercise due diligence in determining the insolvency of Zandro. d. Abner is liable because Zandro agreed to the proposal to make himself solidarily liable for the obligation.
97. Jose and Wally are joint debtors of Tina, Sheryl, Manilyn and Ruffa, solidary creditors to the amount of P1M. How much can Manilyn collect from Jose? 1/1 a. P500,000 b. P1,000,000 c. P250,000 d. P125,000
99. Doro and Dora are solidary debtors of Pepe and Juan, solidary creditors to the amount of P4M. On the due date, Pepe renounced in favor of Doro the entire obligation. Which of the following is correct? 1/1
a. Dora shall give Doro P2M. b. Juan can still collect from Doro or Dora P2M. c. Juan can collect from Pepe P2M. d. Any of the three. e. None of the above.
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