Help me please, Kindly answer this with detailed and clear explanation. Thank you.

Chapter 2 - Nature and Effect of Obligations a. Real fruits c. Industrial fruits b. Natural fruits d. Civil fruits 40. These are the rents of buildings, the price of leases of lands and oth property and the amount of perpetual or life annuities or other sim income. a. Real fruits C. Industrial fruits b. Natural fruits d. Civil fruits 41. Are those which arise from the same cause, and which each party is debtor and a creditor of the other, such that the obligation of one ; dependent upon the obligation of the other? a. Reciprocal obligation c. Natural obligation b. Unilateral obligation d. Specific obligation 42. It signifies all of those things which are produced by the thing which is the object of the obligation as well as all of those which are naturally or artificially attached thereto. a. Determinate thing C. Accessions b. Generic thing d. Accessories 43. It signifies all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not incorporated or attached. a. Determinate thing C. Accessions b. Generic d. Accessories 44. D borrowed P50,000 from C. C dies before he has collected the debt leaving S, his son as heir. Which of the following statements is correct? a. S cannot collect because the credit right is personal to C. b. S can collect from D although D and C did not agree that the right to the debt will pass on to the heirs of C. c. S can collect only if D and C agreed that the right to the deb will pass on the heirs of C. d. S cannot collect because the law prohibits the transmission of the credit right. 45. Which one of the following is not a requisite of mora accipiendi? capacity. a. An offer of performance by the debtor who has the required performed. b. The offer must be to comply with the prestation as it should be C. The creditor refuses the performance without just cause. capacity. d. An offer of performance by the creditor who has the requireChapter 2 - Nature and Effect of Obligations 46. One is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as: a. Moral damages C. Nominal damages b. Actual damages d. Temperate damages 47. This damages includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. a. Moral damages C. Nominal damages b. Actual damages d. Temperate damages 48. Are damages adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him? a. Moral damages C. Nominal damages b. Actual damages d. Temperate damages 49. Damages which may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty. a. Moral damages C. Nominal damages b. Actual damages d. Temperate damages 50. Are those agreed upon by the parties to a contract, to be paid in case of breach thereof. a. Moral damages C. Liquidated damages b. Actual damages d. Nominal damages 51. Damages are imposed, by way of example for the public good, in addition to the moral, temperate, liquidated or compensatory damages. a.. Actual damages C. Liquidated damages b. Exemplary damages d. Nominal damages 52. The voluntary relinquishment or abandonment, express or implied, of a legal right or advantage. a. Waiver b. Condonation C. Compensation d. Force majeure 53. Imports a dishonest purpose or some moral obliquity or conscious doing of a wrong a. Fraud b. Bad faith C. Damage d. InjuryChapter 2 - Nature and Effect of Obligations 54. Is any event which cannot be foreseen, or which, though foreseen inevitable. a. Accident c. Fortuitous event b. Injury d. Calamity 55. Which is not an element of a fortuitous event? a. The event that constituted the caso fortuito must have been impossible to foresee or, if foreseeable, impossible to avoid. b. The occurrence must have been such as to render it impossible for the debtors to fulfill their obligation in a normal manner. C. The obligor must have been free from any participation in the aggravation of the resulting injury to the creditor. d. The cause of the unforeseen and unexpected occurrence, must have been dependent of human will 56. Which is not an element of a fortuitous event? a. The cause of the breach of the obligation must be independent of the will of the debtor. b. The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner. c. The event must be neither unforeseeable or unavoidable. d. The debtor must be free from any participation in, or aggravation of the injury to the creditor. 57. A thing is determinate when it is particularly designated or physical segregated from all other of the same class. a. Indeterminate thing c. Specific thing b. Generic thing d. Immovable thing 58. When does delay begins? a. Delay begins from the time the obligor actually defaulted from his obligation. b. Delay begins from the time the obligee demands from the obligor the performance of the obligation. c. Delay begins from the time the obligor defaulted from his obligation within a reasonable time from the maturity of his obligation. d. Delay begins from the time the obligor defaulted from h obligation within 5 days from the maturity of his obligation 59. Which of the following is not a requisite of default? a. That the obligation be demandable and already liquidated. b. That the debtor delays performance. c. That the debtor defaulted on maturity date of the obligation d. That the creditor requires the performance judicially extrajudicially.Chapter 2 - Nature and Effect of Obligations 60. W received from X a pendant with diamonds to be sold on commission basis, but which W failed to subsequently return because of a robbery committed upon her in the evening of January 16, 2018 while walking alone in a dark alley carrying the said pendant. X filed an action against W for recovery of the pendant or its value, but W set up the defense that the robbery extinguished her obligation. Is W liable? a. No, because the robbery, took place without any concurrent fault on W's part. b. No, because the incident was unforeseen. c. Yes, because the conduct of W in returning alone to her house in the evening carrying jewelry of considerable value would have been negligence per se. d. Yes, because W committed delay. 61. The following statement describes culpa contractual. Which is not? a. There is a pre-existing contractual relation. b. The proof of the contract and of its breach is sufficient prima facie to warrant recovery. c. The negligence of the defendant is substantive and independent. d. The source of the liability of the defendant is the breach of contract. 62. Which statement describes culpa aquiliana? a. Proof of due diligence in the selection and supervision of employees is not available as a defense. b. The liability of the employers is based upon the principle that the negligence of the employee is conclusively presumed to be the negligence of the employer. C. There is no pre-existing contractual relation. d. The source of the liability of the defendant is the breach of contract. 63. The following statement describes culpa aquiliana. Which is not? a. The liability of the employers is based upon the principle that the negligence of the employee is prima facie presumed to be the negligence of the employer. b. Proof of due diligence in the selection and supervision of employees is not available as a defense. omission itself. C. The source of the liability is the defendant's negligent act or d. There is no pre-existing contractual relation. 64. A presumption which is irrebuttable upon the presentation of the admissible. evidence and any evidence tending to rebut the presumption is not a. Uncertain presumption b. Disputable presumptionChapter 2 - Nature and Effect of Obligations C. Questionable presumption 1 W d. Conclusive presumption 65. The following are instances of disputable presumptions, except; a. That money paid by one to another was due to the latter. b. That a thing delivered by one to another belonged to the latter. C. That prior rents or installments had been paid when a receipt for the later one is produced. d. The tenant is not permitted to deny the title of his landlord. 66. Which of the following is not an obligation of the debtor in specific real obligation? a. To deliver the specific or determinate thing which he has obligated himself to give. b. To deliver the accessions and accessories. c. To pay damages in case of breach of the obligation. d. To take care of the thing with extraordinary diligence. 67. Which of the following is not a right of the debtor in generic real obligation? a. To ask for performance of the obligation. b. To compel specific performance. c. To ask that the obligation be complied with at the expense of the debtor. d. To recover damages in case of breach of the obligation. 68. Extreme care that a person of unusual prudence exercises to secure rights or property. a. Ordinary diligence b. Due diligence c. Diligence of a good father of a family d. Extraordinary diligence 69. B, Inc. contracted C, Inc., a stevedoring company, to load and stow shipment of 146,288 cartons of fresh green bananas and 15,202 cartons of fresh pineapples into the cargo hold of a vessel. The vessel was DS docked at the port of Davao City and the goods were to be transported by it to the port of Inchon, Korea. B, Inc. insured the shipment with J Co C, Inc. loaded and stowed the cargoes aboard the vessel. The vessel set sail from the port of Davao City and arrived at the port of Inchon, Korea. It was then discovered upon discharge that some of the cargo was in bad condition. In a survey report, it was stated that 16,069 cartons of the banana shipment and 2,185 cartons of the pineapple shipment were so damaged that they no longer had commercial value B, Inc. filed a claim for the damages. J Co. evaluated the claim and thereafter sent a check in the amountof $210,266.43 to B Inc., theChapter 2 - Nature and Effect of Obligations latter then issued a subrogation receipt to J Co. Thereafter J Co. instituted an action for damages against C, Inc. Is C, Inc., under obligation to observe the extraordinary degree of diligence in the conduct of its business.? a. Yes, because its participation was to load the cargoes on board the vessel which requires utmost care. b. No, because its participation was to load the cargoes on board the vessel which requires ordinary care. c. No, because if there is no law or contract stating the degree of diligence which is to be observed in the performance of an obligation then that which is expected of a good father of a family shall be required. d. None of the above. 70. The following statements explains negligence, except: a. It it is commonly understood, is conduct that creates an undue risk of harm to others. b. It is the failure to observe that degree of care, precaution and vigilance that the circumstances justly demand. C. It is expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. d. It is the omission to do something which a reasonable man, guided by considerations that ordinarily regulate the conduct of human affairs, would do, or doing something that a prudent and reasonable man would not do.Chapter 2 - Nature and Effect of Obligations 5. There is a debtor-creditor relationship between the bank and its depositor. The bank is the creditor and the depositor is the debtor. 6. Carnapping per se cannot be considered as a fortuitous event. 7. The burden of proving that the loss was due to a fortuitous event rests on him who invokes it. 8. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. 9. If the obligor delays, he shall be responsible for any fortuitous event until he has effected the delivery. 10. The receipt of the principal by the creditor without reservation with respect to the interest, shall not give rise to the presumption that said interest has been paid. 11. Fortuitous events by definition are extraordinary events not avoidable. 12. In order for a fortuitous event to exempt one from liability, it is necessary that one has committed negligence that may have occasioned the loss. 13. An act of God cannot be invoked to protect a person who has failed to take steps to forestall the possible adverse consequences of such a loss. 14. In an obligation to deliver a specific thing, the loss or destruction of anything of the same kind does not extinguish the obligation. 15. An obligation to pay money is generic; therefore it is not excused by fortuitous loss of any specific property of the debtor. 16. In order for a fortuitous event to exempt one from liability, it is not necessary that one has committed no misconduct that may have occasioned the loss. 17. In culpa contractual, proof of due diligence in the selection and supervision of employees is not available as a defense. 18. In culpa aquiliana, proof of due diligence in the selection and supervision of employees not available as a defense. 19. Moral damages are in the category of an award designed to compensate the claimant for actual injury suffered and not to impose a penalty on the wrongdoer. 20. The award of moral damages is not meant to enrich the complainant at the expense of the defendant. Multiple Choice Questions 1. X was the disbursitiser of the Ternate Beach Project of the Philippine Tourism in Cavite. In the morning of July 1, 2018, a Friday, he went to Manila to encash a check covering the wages of the employees. However, the processing of the check was delayed and was completed at about 3 p.m. Nevertheless, he decided to encash the check because the employees would be waiting for their pay the following day; otherwise, the workers would have to wait until July 5, the earliest time, when the main office would open. At that time, he had two choices: (1) return to Ternate, Cavite that same afternoon and arrive early evening; or (2) take the money with him to his house in Marilao,apter 2 - Nature and Effect of Obligations is awrev. Bulacan, spend the night there, and leave for Ternate the following day He chose the second option, thinking it was the safer one. Thus, at pay. 3 p.m., he took a passenger jeep bound for Bulacan. While the jeep wist on EDSA, the jeep was held up and the money kept by & was taken $ chased the robbers and caught up with one robber who wa subsequently charged with robbery and pleaded guilty. The othas robber who held the stolen money escaped. The Commission on Audi, found X negligent because he had not brought the cash proceeds of the check to his office in Ternate, Cavite for safekeeping, which is the honky normal procedure in the handling of funds. Is X liable? a. Yes, because he should not have allowed the delayed encashment of the check. b. No, because X chased the robbers and caught up with one robber who was subsequently convicted of robbery. C. Yes, because he decided to encash the check despite knowledge of the fact that it was already late. word. No, because the robbers attacked X in broad daylight in the jeep while it was on a busy highway and in the presence of other passengers; hence, could not be said to be a result of his negligence. 2. In the following instances, demand is not necessary, except: a. In unilateral obligation. b. When the obligation or the law expressly so declares. c. When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract. d. When the demand would be useless, as when the obligor has rendered it beyond his power to perform. 3. Delay in the fulfillment of an obligation, by reason of a cause imputable to the debtor. a. Mora solvendi c. Compensationmorae b. Mora accipiendi Mad. Creditor's default 4. Delay of the creditor to accept the delivery of the thing which is the object of the obligation. a. Mora solvendi b. Mora accipiendi C. Compensation morae d. Debtor's default 5. Default on the part of both parties because neither has completed the part in their reciprocal obligation. a. Mora solvendi b. Mora accipiendi C. Compensationmoral d. Debtor's defaultChapter 2 - Nature and Effect of Obligations 6. When the amount is known or is determinable by inspection of the terms and conditions of the relevant promissory notes and related documentation. a. Debt is due c. Debt is liquidated b. Debt is demandable d. Debt is unliquidated 7. Is the legal invasion of a legal right. a. Injury c. Damage b. Grievance Butjy w / log in d. Damages 8. Is the hurt, loss or harm which results from the injury. a. Loss C. Damage b. Grievance d. Damages 9. Is the recompense or compensation awarded for the damage suffered. a. Loss c. Damage b. Grievance us d. Damages 10. Which is not a mode of voluntary breach of the obligation? a. Fraud C. Negligence b. Delict d. Delay 11. It refers to all kinds of deception that would lead an ordinarily prudent person into error after taking the circumstances into account. a. Contravention of b. Mora the tenor of the C. Culpa obligation. d. Dolo 12. Is basically a deception used by one party prior to or simultaneous with the contract, in order to secure the consent of the other. a. Incidental fraud C. Causal fraud b. Subsidiary fraud d. Contributory fraud 13. That which is not serious in character and without which the other party would have entered into the contract anyway. a. Incidental fraud C. Causal fraud b. Subsidiary fraud d. Contributory fraud 14. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do; or the doing of something which a prudent and reasonable man would not do. a. Breach of contract b. Fraud C. Negligence d. Delay 15. It is want of care required by the circumstances.Chapter 2 - Nature and Effect of Obligations a. Breach of contract c. Delay b. Negligence d. Fraud 16. Is that conduct that naturally or reasonably creates undue risk or har to others. C. Fraud a. Negligence d. Delay b. Breach of contract 17. Fault or negligence of obligor by virtue of which he is unable to perform his obligation arising from a pre-existing contract. C. Culpa criminal a. Culpa contractual d. Culpa aquiliana b. Culpa civil 18. Fault or negligence of a person, whose failure to observe the required diligence to the obligation causes damage to another. C. Culpa aquiliana a. Culpa civil b. Culpa contractual d. Culpa criminal 19. Which statement describes culpa contractual? a. The proof of the contract and of its breach is sufficient prima facie to warrant recovery. b. The negligence of the defendant is substantive and independent. C. The source of the liability is the defendant's negligent act or omission itself. d. Proof of due diligence in the selection and supervision of employees is available as a defense. ! 20. Negligence is merely incidental to the performance of an obligation already existing because of a contract. This pertains to: a. Culpa civil C. Culpa aquiliana b. Culpa contractual d. Culpa criminal 21. Negligence is direct, substantive, and independent. This pertains to: a. Culpa civil b. Culpa contractual c. Culpa aquiliana d. Contractual negligence 22. This requires proof beyond reasonable doubt. a. Culpa civil b. Culpa contractual C. Culpa aquiliana d. Culpa criminal 23. Defense of a good father of a family in the selection and supervision of employees is a proper or complete defense. a. Culpa civil b. Culpa contractual C. Culpa aquiliana d. Culpa criminal 24. Which one of the following is not a requisite of mora solvendi?Chapter 2 - Nature and Effect of Obligations a. The obligation is demandable and liquidated. b. The debtor delays performance. c. The obligation is not necessary demandable. d. The creditor judicially or extrajudicially requires the debtor's performance. 25. In commodatum, the bailee is liable for the loss of the thing, even if it should be through a fortuitous event, except: a. If, being able to save either the thing borrowed or his own thing, he chose to save the former. b. If he devotes the thing to any purpose different from that for which it has been loaned. c. If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted. d. If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exempting the bailee from responsibility in case of a fortuitous event. 26. The depositary is liable for the loss of the thing through a fortuitous event, except: a. If it is so stipulated. b. If he delays its return. c. If he uses the thing with the depositor's permission. d. If he allows others to use it, even though he himself may have been authorized to use the same. 27. The officious manager shall be liable for any fortuitous event, except: a. If he assumed the management in good faith. b. If he undertakes risky operations which the owner was not accustomed to embark upon. C. If he has preferred his own interest to that of the owner. d. If he fails to return the property or business after demand by the owner. evidence. 28. A presumption which may be contradicted or overcome by other a. Conclusive presumption b. Disputable presumption C. Definite presumption d. Questionable presumption 29. The following are instances of disputable presumptions, except: a. That there was a sufficient consideration for a contract. b. Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led to another to believe aChapter 2 - Nature and Effect of Obligations Particular thing true, and to act upon such beller, he cannot, in any litigation arising out of such declaration, act or omission be permitted to falsifyi C. That persons acting as copartners have entered into a contract of copartneship. d. That an obligation delivered up to the debtor has been paid, 30. Is the power of one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. a. Real right C. Actual right b. Personal right d. Private right 31. Is the power belonging to a person over a specific thing, without ; passive subject individually determined, against whom such right may be personally exercised. a. Real right c. Actual right b. Personal right d. Private right 32. The object thereof is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class. a. Generic thing b. Specific thing a. Determinate thing b. Movable thing 33. Spouses H and W obtained from A and B a loan amounting to P6,000,000 at 3% interest per month. The loan was secured by a mortgage on a parcel of land. Thereafter, the parties executed a Contract of Sale conveying the mortgaged property in favor of A and B. Subsequently, A and B gave H and W an exclusive option to repurchase the land for P10,000,000. This was embodied in a document denominated as an Option to Buy. On this same document, A and B acknowledged receipt of a total sum of P10,000,000 as consideration for the purchase of the land. The Option to Buy provided that if the option is exercised after December 5, 1998, the purchase price shall increase at the rate of P300,000 or 3% of the purchase price every month until September 5, 1999 and thereafter at the rate of P381,000 or 3.81% of the purchase price every month, with the fifth of every month as the cut-off date for said increases. Are the 3% and 3.81% stipulated monthly interest valid? a. Yes, because the Usury Law has been suspended by a certain Central Bank Circular. b. No, because the Court will temper interest rates if they are unconscionable. c. Yes, because the parties are free to stipulate on the interest to be imposed on monetary obligations.Chapter 2 - Nature and Effect of Obligations d. No, because what is only required is that the interest due should be that stipulated in writing, and in the absence thereof, the rate shall be 12% per annum. sibid to 34. One of the following is a determinate thing a. A car with plate no. AB123 C. A black cellphone b. A red book d. A 10 inch. laptop 35. Is the power of one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. a. Personal right C. Definite right b. Real right ed to nairegild d. Indefinite right 36. X, an official of TESDA, boarded the LRT to be able to arrive in Caloocan in time for her 3 pm meeting when her handbag was slashed and the contents were stolen by an unidentified person. Among those stolen were her wallet and the government-issued cellular phone. She then reported the incident to the police authorities; however, the thief was not located, and the cellphone was not recovered. She also reported the loss to her immediate superior, and she requested that she be freed from accountability for the cellphone. The COA Auditor denied her request on the ground that she lacked the diligence required in the custody of government property and was ordered to pay the purchase value. Is X liable? a. No, X is not is liable because riding the LRT is not a negligent act more so because X's mode of transit was influenced by time considerations. b. Yes, X is liable because putting her cellphone in her bag is not sufficient care of a cellphone while traveling on board the LRT. c. Yes, X is liable as she should have rode a jeep or bus. d. No, X is not liable as she boarded the LRT to be able to arrive in Caloocan in time for her 3 pm meeting. 37. Is the power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised. a. Personal right c. Definite right b. Real right Jon el gru d. Indefinite right 38. These are the spontaneous products of the soil, and the young and other products of animals. a. Real fruits C. Industrial fruits b. Natural fruits d. Civil fruits labor. 39. These are the produced by lands of any kind through cultivation orTrue or False Part 3 1. Where the obligation consists in the payment of money, the failure" the debtor to make payment even by reason of a fortuitous even shall not relieve him of his liability. 2. An rule that an obligor should be held exempt from liability when loss occurs thru a fortuitous event only holds true when the obligato consists in the delivery of a generic thing. ed 103. The receipt of a later installment of a debt without reservation a prior installments, shall raise the presumption that such installme have been paid. 4. The contract between the bank and its depositor is governed by" provisions in the law on deposit. vd badloos