PHILIPPINES LAW:

I. Multiple Choice (MCQ)

1. Who among the following persons are not required to give consent in conventional subrogation?

a. The debtor

b. The new debtor

c. The old creditor

d. The new creditor

2. Which among the following is not a source of obligation?

a. Law

b. Contracts

c. Religious Books

d. Quasi-delicts

3. In Novation, this takes place when a third person, of his own initiative and without the knowledge or against the will of the original creditor, assumes the latter's obligation with the consent of the creditor.

a. Substitution

b. Delegacion

c. Subrogation

d. Expromission

4. Which among the following is not a requisite of quasi-delict?

a. There must be an act or omission

b. There must be damage caused

c. Intent

d. Absence of pre-existing contractual relation

5. These are the kinds of impossibility in relation to obligations to do

a. Physical and Legal impossibility

b. Emotional and Physical Impossibility

c. Legal and Ethical Impossibility

d. Spiritual, Physical, and Legal Impossibility

6. This condition depends upon chance or upon the will of a third person

a. Mixed condition

b. Casual condition

c. Suspensive condition

d. Resolutory condition

7. It is the assignment or abandonment of all the properties of the debtor for the benefit of his creditors

a. Payment by performance

b. Payment by refusal

c. Payment by cession

d. Payment by donation

8. Which is not an element of an obligation?

a. Vinculum juris

b. Obligee

c. Prestation

d. Contract

9. The object of an obligation must NOT be:

a. Licit

b. Possible

c. Indeterminate

d. Determinable

10. Which of the following is a real obligation?

a. To do

b. To give

c. Not to do

d. To return

11. An obligation wherein a debtor is liable for the whole obligation although he has other co-debtors.

a. Pure obligation

b. Conditional obligation

c. Joint obligation

d. Solidary obligation

12. This is the delay on the part of the debtor to fulfill his obligation

a. Compensatio Morae

b. Mora solvendi

c. Mora accipiendi

d. Mora delatore

13. An obligation wherein various prestations are due but the performance of one of them is sufficient

a. Simple obligation

b. Compound obligation

c. Alternative obligation

d. Conditional obligation

14. A presumption that cannot be contradicted is called

a. Disputed Presumption

b. Conclusion Presumption

c. Final Presumption

d. Conclusive Presumption

15. It is the meeting in one person of the qualities of creditor and debtor with respect to the same obligation

a. Novation

b. Condonation

c. Expiration

d. Confusion

II. Identification/enumeration.

1-3. Who are the persons from whom the creditor is bound to accept payment or performance of the obligation?

4-6. What are the kinds of delay or default?

7-9. What are the kinds of fruits?

10. _______________ is the type of fraud committed in the execution of the contract which vitiates consent

11. _______________ is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillment of an obligation.

12-15. What are the essential requisites of an obligation?

16. _______________ are obligations that are immediately demandable.

17. A future and uncertain event is known as a _______________.

18. _______________ is a future and certain event, upon the arrival of which, the obligation subject to it either arises or is terminated.

19. In ____________, the happening of the event which constitutes the condition produces the extinguishment or loss of right already acquired.

20. These are conditions that are contrary to law, morals, good customs, public order, or public policy.

III. Essay

1. Leni ordered a bicycle from Bongbong's online store. The price was already paid and estimated date of arrival is two days later. Since Leni already paid for the bicycle, has she acquired ownership over the bicycle? Explain. (5 points)

2. Two days after making the order, Bongbong was unable to deliver the bicycle because he was unable to travel to Negros Oriental from Cebu. There was a typhoon during that time so all boat trips were cancelled.

a. When does a debtor incur delay or default in performing his/her obligation? (5 points)

b. Bongbong was able to find a small pumpboat and used to travel across toward Negros Oriental. Unfortunately, due to bad weather, the pumpboat sunk, along with the bicycle. Is Bongbong liable for his failure to deliver the bicycle? (5 points)

3. On May 5, 2022, Ping promised to give Manny a dog if he wins the election on May 9, 2022. On May 8, the dog gave birth to a puppy. If Manny wins the election, is Ping obliged to deliver the puppy together with the dog? Explain. (5 points)

4. When did I pass the bar exam and how long have I been a lawyer? (5 points)