MULTIPLE CHOICE - Choose the best answer.

1. In the following instances except one show situations when the court 1 point may reduce the payment of penalty: * The penalty has been remitted or condoned. The penalty is exorbitant or excessive. O There is already substantial performance of the principal obligation. There is irregular performance of the obligation. 2. Aida, Lorna and Fe are joint creditors of Tito and Vic, solidary debtors in 1 point the amount of Php 120,000.00 how much can Aida, Lorna and Fe collect from Tito?* O Each of them can collect Php 40,000.00 from Tito. O Each of them can collect Php 20,000.00 from Tito. Each of the can collect Php 120,000.00 from Tito. Each of them can collect Php 60,000.00 from Tito.3. The following except one are the effects of a joint obligation: * 1 point 0 The debt and credit are divided into as many as there are creditors and debtors. O The defenses available to one debtor may benefit the other debtors. O Insolvency that does make the liability of thejoint debtors more onerous. Demand made on one joint debtor will not affect the obligation of the otherjoint debtors. 4. Carlo and Carla entered into an obligation with a penal clause. Carlo 1 point obligated himself to deliver a specific dog to Carla. In case of non performance of the principal obligation, Carlo will instead deliver a specific cat. lEliven this set of facts, which of the following is not true. * Carlo must try his best to deliver the specic dog. Carla can choose to compel Carlo to deliver the specific cat. Carlo can will deliver the specific cat only when he cannot deliver the specific dog. Carla's obligation is converted into an obligation to pay damages of he fails to perform both of the obligations because of his fault. OOOO 5. The following except one, is true relative to an obligation with a penal 1 point clause: * O There are two obligations involved, a principal obligation and an accessory obligation. O The accessory obligation whether valid or not will still be void when the principal obligation is void. O The performance of either the principal or the accessory obligation is a choice conferred on the debtor. The penal clause is intended to ensure the performance of the principal obligation. 6. Alpha, Bravo and Charlie are joint indebted to Delta, Echo and Foxtrot 1 point who, joint creditors in the amount of Php 180,000.00, how much could Echo collect from Alpha? * Echo can collect Php 60,000.00. O Echo can collect Php 180,000.00. O Echo can collect Php 20, 000. 00. Echo can collect Php 90,000.00.7. If Alpha, Bravo and Beta were solidary debtors and Delta, Echo and 1 point Foxtrot were also solidary debtors, how much will Echo collect from Alpha? O Echo can collect Php 60,000.00. O Echo can collect Php 180,000.00. O Echo can collect Php 20, 000. 00. O Echo can collect Php 90,000.00. 8. Alpha, Bravo and Charlie are solidary debtors of Delta in the amount of 1 point Php 180,000.00. If Alpha is insolvent, how much can Delta collect from Charlie? * Delta can collect the amount of Php 180,000.00. O Delta can collect the amount of Php 90,000.00. O Delta can collect the amount of Php 60,000.00 Delta cannot collect because the insolvency of Alpha should benefit the other O debtors.9. The following obligations may be deemed divisible, except: * 1 point OAn obligation to write 20 pages of a legal opinion which is due on December 08, 2021. O An obligation to build a six-storey commercial building within. A period of two years. O An obligation to digest or summarize 50 pages each day of a book consisting of 1000 pages. O An obligation to landscape a garden consisting of 300 square meters in 30 days. 10. The following obligations may be deemed indivisible except: * 1 point O An obligation to deliver a specific laptop. O An obligation to sing five songs at a wedding reception. O An obligation to put up the Christmas decoration in a mall. O An obligation to pay the amount of Php 200,000.00 on or before December 01, 2021.'l1. Brenda went shopping with her minor child at a nearbyr mall. Engrossed 1 point with the items that were on sale. Brenda forget altogether about her minor child until she realized the latter alreadv missing. The following are true. except on relative this set of facts: " 0 If child is lost. Brenda could be liable for damages because of her negligence. 0 If a stranger will take responsibility to take care of the lost child] the quasi-contract of negotiorum gestio is constutited. O Ifthe stranger will provide for the needs of the lost child. Brenda is duty bound to reimbursement the expenses of the stranger. 0 Brenda did not reimburse the expenses of the stranger if the stranger will choose not to exercise his right to ask for reimbursement from Brenda. 12. Under a contract, X bound himself to render secretarial services for Y. 1 point Determine the passive subject: " Ox 0v 0 Rendering secretarial services 0 Contract 13. Using the premise and choices in No.12, determine the juridical tie. * 1 paint 0 Rendering secretarial services 0 Contract 14. Using the premise and choices in No.12, determine the active subject. * 1 paint 0 Rendering secretarial services 0 Contract 15. Using the premise and choices in No.12, determine the prestation. * 1 point O X O Y O Rendering secretarial services O Contract 16. Statement I: Obligations arising from law are presumed. Statement II: If it 1 point cannot be determined whether the obligation is joint or solidary, it is presumed to be solidary. * O Both statements are INCORRECT. O Both statements are CORRECT. O Only Statement I is correct. O Only Statement ll is correct.1?. In which of the following cases is demand MDT required to be made on 1 point the due date of the obligation in order for delay...' to exist? * 0 when it was stipulated by the parties that demand need not be made 0 when the law provides that demand need not be made 0 when the obligation does not indicate whether demand must be made or not on the due date 0 when time is of the essence of the contract. 'IS. D borrowed 50,003 from C. C dies before he has collected the debt. 1 point Which of the following statements is correct? * O C's heirs can collect from D although D and (2 did not agree that the right to the debt will pass on the heirs of C. C's heirs cannot collect because the credit right is personal to C. C's heirs can collect only.r if D and I: agreed that the right to the debt 1.uill pass on the heirs of (2. OOO C's heirs cannot collect because the law prohibits the transmission of the credit right. 1?. The following are the remedies of the creditor to pursue his claims 1 point against the debtor, except to: * pursue the property owned and in the possession of the debtor exercise all the rights and bring all the actions of the debtor [accion subrogatoriai impugn the acts which the debtor may have done to defraud his creditors (aocion pauhana} OOOO compel the debtor to perform the service in obligations to do. 20. On a certain year. D was obliged under a contract executed on January 1 point 1r 2014 to deliver an agricultural land to C if C graduates from college. C graduated on April1, 2014. C has a right over the agricultural land beginning on: * O April1JE14 0 January 1. 2o14 O on the date D gives the land to C O the period should be fixed by the court so that it can be determined when G is entitled to the fruits. 21. Under a contract executed on January 2, 2014, D obliged himself to give 1 point 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? O The obligation of D is extinguished because the loss is due to fortuitous event and D was not in default. The obligation of D is not extinguished because D can deliver another car. The obligation of D is not extinguished because D was in default. O The obligation of D is not extinguished because the demand was not made on due date.22. On January 'I, 2014. D promised to deliver 100 sacks of chicken dung to 1 point C on February 1. 2014. On February 1. 2014, 1': demanded the delivery of the 'IOD sacks of rice from D but D did not comply. The following clay, 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 1'30 sacks of chicken dung for delivery to C. What is the effect of this loss? * O D's obligation to deliver 100 sacks of rice to C is extinguished. the cause of the loss being a fortuitous event. 0 D's obligation to deliver 100 sacks of rice to C is not extinguished because he can get i sacks of rice from other sources. D's obligation to deliver 100 sacks of rice to C is not extinguished because D was in defauit. O D's obligation is to pay damages because he was in default. 23. Which of the following obligations is NOT demandable at once? * 1 point 0 D to give his carto C. No date was fixed by the parties for the date of delivery. 0 D to give his carto C until C completes his course in ES Accountancy. O D to give his carto C until K dies. 0 D to give C his car should C enroll in ES Accountancy. 24. It is the performance of an obligation in accordance with the 1 point stipulations and terms of the contract or agreement: * O constructive fulfilment O eJILtraordinaryr diligence O culpa contractual O compliance in good faith 25. On January 1, 2014, 0 obtained from C a loan of 100,000. The loan is 1 point secured by a chattel mortgage on Us car and is payable on December 31, 2014. On September 2+5, 2014, the car was taken at gunpoint from 0 while he was starting its engine at a parking lot of a department store. " O D's loan obligation is extinguished. However, 0 must give a property which 0 may sell to satisfy his claim. 0 D's loan obligation subsists. However, C may demand its immediate payment unless 0 gives another security. D's loan obligation subsists. However, C may not demand immediate payment since 0 the loss of the security was without the fault of D. D, moreover, is not required to give a new security. 0 D's loan obligation is extinguished together with the mortgage since the loss of the car was without the fault of D. 26. Under a contract between D and C, D is obliged to deliver 10 bags of 1 point pure muscovado sugar to C3 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. * O the contract is voidable because of the fraud employed by D. 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. O the contract is void because of the fraud employed by D in the performance of his obligation. the contract is rescissible because of the damages suffered by C. 2?. D is obliged to give (I a specific car if {3 passes LAW 1 this semester. Us 1 point obligation is an example of: * O a pure obligation. 0 an obligation with a suspensive condition. 0 an obligation with a resolutory condition. 0 an obligation with a period. 23. An obligation ceases to be alternative and becomes a simple obligation 1 point in the following cases, EXC E PT: * 0 when the debtor has communicated his choice to the creditor when the right of choice has been expresslyr granted to the creditor and his choice has been communicated to the debtor when among the several prestations that are due only one is practicable 000 when three prestations are due but one of them is unlawful or impossible. 2'9. D is obliged to give C: a specific watch, a specific ring, or a specific 1 point bracelet. The parties agreed that {3 will have the right to choose the thing which will be given to him. Before (I could make his choice, the watch and the ring are lost through D's fault, successively. What is the right of C? * O C may choose the delivery to him of the bracelet, or the price of the watch, or the price ofthe ring plus damages. 0 (2 cannot choose the price of the watch orthe price of the ring because the said objects have already been lost. 0 C can only choose to have the bracelet because anyway, D can still perform his obligation O C can only choose to have delivery of the bracelet or the price of the ring which was the last item that was lost plus damages. 30. D is obliged to give C a specific phone. The parties agreed that D may 1 point give a specific laptop as substitute. Which of the following statements is true? * O If the phone is lost through a fortuitous event before substitution, the obligation is extinguished. O If the laptop is lost through fortuitous event before substitution, the obligation is extinguished. O If the laptop is lost through fortuitous event after substitution, the obligation is extinguished. O If the phone is lost through the debtor's fault after substitution, the debtor shall pay damages.31. Consider the following statements: |.The nullity of the principal 1 point obligation carries with it the nullity of the penal clause. ||.The nullity...I of the principal obligation does not carry with it the nullityr of the penal clause. |||.The nullity of the penal clause carries with it the nullity of the principal obligation. W.The nullity of the penal clause cloes not carry with it the nullity of the principal obligation. \" O | and III are true. 0 | and W are true. 0 II and III are true. 0 II and W are true. 32. Which of the following is not considered a conditional obligation?* 1 point O D to pay C P50,000.00 as soon as D has the means. O D to pay C P50,000.00 if C marries Y. O D to pay C P50,000.00 if C tops the Law 1 departmental examinations. O to pay C if X dies of malaria. 33. Alternative obligation and facultative obligation are similar in which of 1 point the following respects? * The right of choice may be given either to the debtor or creditor. O Several prestations are due. Only one prestation is due but the debtor may render another substitution. O The obligation becomes a simple obligation once the choice of the prestation is made and communicated.34. A, B, and C are solidary debtors of X, Y, and Z solidary creditors, in the 1 point amount of 2,700. X renounces the whole obligation without the consent of Y and Z. The debtors accepted the renunciation. * O The whole obligation is extinguished but X must give to Y and Z their proportionate share of 900 each Only 900 is extinguished. O No part of the obligation is extinguished O Only 300.00 is extinguished. 35. Rents of buildings, price of leases of lands and amounts of perpetual or 1 point life annuities are examples of: * O civil fruits O industrial fruits O natural fruits none of these