MIDTERM EXAM. Write only the letter corresponding to each number. 1) The obligation is demandable at once, although it is terminated upon the passed the said examination. She took her oath at the PICC and became a full- arrival of the day certain. pledged lawyer on May 20, 2017. The obligation of Paulo became effective on: A. Suspensiondition A. January 1. 2016 B. Resolutory condition B. May 3, 2017 C. September 25, 2016 C. Suspensioniod D. May 20, 2017 D. Resolutory period 8) When the thing deteriorates pending the fulfillment of the suspensio 2) It is an obligation where only one prestation is due but the debtor may condition without the fault of the debtor, the impairment is: substitute another. A. to be borne by the party who caused the deterioration A. Facultative B. to be borne partly by the debtor and partly by the creditor B. Alternative C. to be borne by the debtor alone C. Joint D. to be borne by the creditor alone D. Solidary 3) An obligation wherein various things are due but the complete performance 9) Which of the following is not an obligation with a period? of any of them is necessary to extinguish the obligation. A. Payable "within 1 year from today" A. Facultative B. Payable soonest B. Simple and Pure C. Payable "little by little" C. Conjoint D. Pay you Php10,000 "if I like" D. Correct answer not provided 10) All except one, are considered obligations with a period: 4) "Shrek sells his castle in the countryside to Fiona if Shrek decides to transfer A. On demand and live in the swamp" is an example of this kind of condition: B. When I can I afford it A. Potestative C. When I have the money B. Mixed D. When my means permit me to do so C. Casual D. Resolutory 11) On November 16, 2016, Lloyd signs a promissory note and binds himself to pay Sarah Php50,000 plus 12% interest per annum on December 16, 2018. 5) Which obligation is not valid? A. Before December 16, 2018, Sarah can demand payment because she is the A. "I promise to give you Php10,000 on December 25, 2017." creditor. B. "I promise to give you Php20,000 if I decide to go abroad this month." B. If on December 16, 2017, Lloyd is paying Sarah, Sarah cannot refuse the C. "I promise to give you Php30,000 if your bestfriend dies." payment. D. "I promise to give you Php50,000 if you become a topnotcher in the October C. Because the period is for the benefit of both the debtor and the creditor, Sarah 2017 CPA board examination." can refuse any tendered payment before December 16, 2018. D. Because the period is for the benefit of the debtor, Lloyd can compel Sarah to 6) A condition which, if imposed on an obligation will be disregarded and will accept payment any date before December 16, 2018. therefore make the obligation immediately demandable: A. If Coco commits suicide 12) When the period is "on or before a date", the debtor has the benefit of the B. If Coco passes the Bar examination period. This benefit is lost and the obligation becomes demandable when: C. If Coco kills Martin A. The debtor attempts to abscond. D. If Coco will not rise from the dead B. After contracting the obligation, the creditor suspects that the debtor is becoming insolvent. 7) On January 1, 2016, Paulo obliged himself to give Paula a Phillip Stein watch C. The guarantee given by the debtor is not acceptable to the creditor. if Paula passes the Bar examination. On September 25, 2016, the giving of the D. Demand by the creditor would be useless. examination was finished. The result was released on May 3, 2017. Paula 13) Aljur is under obligation to give Alden, at Aljur's option: a car, a truck or a van. STATEMENT 1: If the car and the truck were destroyed by Aljur's own fault 2 performant and later, Aljur communicated to Alden that he will deliver the van, but the van 18) Claudia is obliged to give a necklace to Julia, but she may give her a branded got lost through fortuitous event, Aljur should not be liable. STATEMENT 2: If bag as a substitute. Which is true? the car and the truck were destroyed by a fortuitous event and later the van was lost by Aljur's fault, Aljur should be held liable. A. If the branded bag is lost through fortuitous event before substitution, the A. Both are true. obligation is extinguished. B. No. 1 is true; No. 2 is false. B. If the necklace is lost through fortuitous event before substitution, the C. Both are false. obligation is extinguished. D. No. 1 is false; No. 2 is true. C. If the necklace is lost through Claudia's fault after the substitution, Claudia shall pay Julia damages. 14) Jayden is bound to give Darren one (1) gram of shabu, or a particular sign D. If the necklace is through fortuitous event after substitution, the obligation pen, or a bottle of goat's milk taken from a sheep, or a boat which sank is extinguished. somewhere in the South China Sea 100 years ago. Which object can Jayden choose? A. Any of the four objects. 19) Gretchen obliged herself to give Claudine a specific car if the latter cannot B. Either object nos. 2 or 3. .compe make a circle that is at the same time a square. C. Only object no. 2. A. The obligation is impossible, and therefore, void. D. None of the four objects. B. The obligation is void because the condition is outside the commerce of men. C. Gretchen cannot be obliged to deliver at all 15) David is obliged to give Justin either Object No. 1 or Object No. 2 or Object D. Correct answer not given. No. 3, at Justin's option. Before Justin communicated his choice to David, Object No. 1 had been destroyed thru David's fault and Object No. 2 had been 20) When the debtor binds himself to pay when his means permit him to do so, destroyed by a fortuitous event. Which of the following is not a right available the obligation is: to Justin? A. Justin can demand Object No. 3. A. Pure B. Subject to suspensiondition B. Justin can demand the price of Object No 1. C. Justin can demand the price of Object No 1 plus damages. C. Subject to resolutory condition D. Justin can ask for the value of Object No. 2. D. With a period 21) A, B, C and D, solidary debtors, are obliged to give V. W, X. Y and Z, solidary 16) In facultative obligation: A. If, before substitution, one prestation is lost thru fortuitous event, the creditors, P20,000. Which of the following is correct? creditor may select from the remaining prestations or the debtor may deliver A. V may collect from D P20,000.00 the only remaining practicable prestation. B. V may collect from D P4,000.00 B. If, before substitution, all the prestations are lost thru debtor's fault, creditor C. V may collect from D P5,000.00 may demand the value of any of the things lost plus damages. D. V may collect from D P1,000.00 C. There is only one principal prestation in the obligation, but the debtor may give or do another as a substitute. 22) Alternative obligation and facultative obligation are similar in which of the D. If the right of selection is given to the creditor, he must notify the debtor of following respects? what he has chosen to be delivered by the debtor. A. The right of choice may be given either to the debtor or creditor. B. Several prestations are due. 17) Facultative, as distinguished from alternative, obligation: C. Only one prestation is due but the debtor may render another in substitution A. The right of choice is given only to the debtor. D. The obligation becomes a simple obligation once the choice of the prestation B. Various things are due, but the giving of one is sufficient. is made and communicated. C. If one of the prestations is illegal, the others may be valid and the obligation remains. 23) A, B, C and Dowe X, Y and Z the sum of P12,000.00. based on the foregoing D. If it is impossible to give all except one, that last one must still be given. data, which of the following statements is incorrect? A. The obligation is joint. B. There are seven (7) distinct debts in the obligation. C. Each debtor is liable only for a total of P3,000.00. D. Each creditor is entitled to collect a maximum of P4,000.00