MCQ FOR OBLIGATIONS AND CONTRACTS

1. It is a juridical relation whereby a person 10. Which is generally not required to make
may demand from another the observance of an obligation binding?
a determinative conduct, and in case of a. Form
breach, may demand satisfaction from the b. Legality
assets of the latter. c. Possibility
a. Natural obligations d. Determinability
b. Moral obligations
c. Civil obligations 11. Which is not always required to make an
d. Contracts obligation binding?
a. Possibility
2. Which of the following can never be b. Determinability
enforced in court? c. Pecuniary value
a. Obligation based on positive law d. Juridical relation
b. Obligation based on conscience
c. Obligation based on voluntariness 12. Which conduct is not expected of the
d. Obligation based on contracts obligor?
a. Giving
3. Which is not an element of an obligation? b. Doing
a. Vinculum juris c. Not doing
b. Obligee d. Not giving
c. Prestation
d. Contract 13. Which of the following is an obligation not
to do?
4. It is an efficient cause by which the debtor a. Obligation of seller in a contract of sale
is bound to perform a prestation. b. Obligation of landowner in easement of way
a. Vinculum juris c. Obligation of painter in a contract of service
b. Obligee d. Obligation of depositary in a contract of
c. Prestation deposit
d. Contract
14. The law on nuisance creates an
5. Which is not a way by which juridical tie is obligation…
established? a. To do
a. Statute b. Not to do
b. Bilateral acts c. To give
c. Unilateral acts d. Not to give
d. Acts of god
15. Which characteristic of a valid prestation
6. It is he who in whose favor the obligation is is also called “criteria”?
constituted, established or created. a. Form
a. Active subject b. Legality
b. Passive subject c. Possibility
c. Obligor d. Determinability
d. Debtor
16. Creditor can retain thing delivered
7. It is the one in whom it is incumbent to voluntarily by the debtor even though, under
fulfill the prestation. the law, the obligation cannot be enforced.
a. Active subject a. Civil obligation
b. Passive subject b. Moral obligation
c. Obligee c. Natural obligation
d. Creditor d. Legal obligation

8. Which of the following is a active aspect of 17. Which of the following does not arise from
an obligation? natural law?
a. Right a. Civil obligation
b. Prestation b. Moral obligation
c. Debt c. Natural obligation
d. Juridical tie d. Conscientious obligation

9. The object of an obligation must NOT be: 18. Which of the following is a negative
a. Licit obligation?
b. Possible a. Obligation of seller in a contract of sale
c. Indeterminate b. Obligation of landowner in easement of way
d. Determinable c. Obligation of painter in a contract of service
d. Obligation of depositary in a contract of
deposit
 28. The general rule here is that interest
19. Which of the following is a real obligation? stipulated in the agreement is generally
a. To do substitute for fine. If parties agree, interest
b. To give stipulated and fine should be paid.
c. Not to do a. Simple obligation
b. Alternative obligation
20. “I promise to give you one of my cars.” c. Facultative obligation
What kind of object is this? d. Obligation with a penalty
a. Generic
b. Specific 29. Husband has an obligation to support his
c. Determinate wife and children.
d. Limited generic a. Obligation ex lege
b. Obligation ex contractu
21. Which of the following is an obligation c. Obligation ex malificio
established by agreement of the parties? d. Obligation ex quasi-delicto
a. Unilateral obligation
b. Bilateral obligation 30. Which shows a combination of legal and
c. Conventional contractual obligations?
d. Statutory a. Husband and wife
b. Bus driver and bus company
22. Which of the following is a divisible c. Murderer and victim
obligation? d. Mother and son
a. To deliver a car
b. To not kill any one 31. What do you call the time when an
c. To pay one million pesos obligation is created?
d. To not compete with employer after a. Perfection
retirement b. Extinguishment
c. Fulfillment
23. “I will pay you 1 million for the car I d. Meeting of the minds
bought from you.”
a. Pure obligation 32. Which of the following does not the
b. Conditional obligation immediate demandability of an obligation?
c. Joint obligation a. Want of period or term
d. Solidary obligation b. Suspensive condition
c. Period
24. This obligation is characterized by being d. Term
immediately due and by lack of burden of
time or condition. 33. Which does not characterize an obligation
a. Pure obligation ex lege?
b. Conditional obligation a. It does not need the consent of the obligor.
c. Joint obligation b. “Lege” itself should be the creator of the
d. Solidary obligation obligation.
c. Compensation is generally a option to
25. A debtor is liable for the whole obligation extinguish the obligation.
although he has other co-debtors. d. It must be expressly set forth in the law
a. Pure obligation creating it and not merely presumed.
b. Conditional obligation
c. Joint obligation 34. This obligation is perfected from the time
d. Solidary obligation the minds of the parties meet.
a. Obligation ex lege
26. Who is entitled to reimbursement for b. Obligation ex contractu
other co-parties’ share in the contract? c. Obligation ex malificio
a. Solidary co-debtor d. Obligation ex quasi-delicto
b. Solidary co-creditor
c. Joint co-debtor 35. What governs obligations created by law?
d. Joint co-creditor a. The Civil Code only
b. The law creating them only
27. This obligation gives the obligor an option c. The Civil Code in a suppletory character
to perform only one of several prestations. d. The law creating them in a suppletory
a. Simple obligation character
b. Alternative obligation
c. Facultative obligation 36. What does compliance in good faith
d. Obligation with a penalty mean?
a. Contract is law between the contracting parties.
b. Parties must abide by the terms and conditions of
the contract.
c. Compliance with a contract cannot be made
dependent on the will of only one of the parties.
d. A party cannot cancel or annul the contract
without the consent of the other party or the order of
the court.
 45. Jane told John, “If you do something great
37. A party cannot evade obligations under to me, I will have sex with you.” John who has
the contract. Which is NOT true? been waiting for 10 years to have Jane in bed,
a. Evasion is allowed if provided in the saw a chance when he passed by Jane’s house
contract. one night and he saw that watering is coming
b. Evasion is allowed is agreed by the parties. out of the front door. It would seem that Jane
c. Evasion is never allowed. went out to the movies but forgot to shut the
d. Evasion is illegal. faucet in her bathtub. John broke the door
and turned off the faucet.
38. To which limitation to the freedom to
contract does “protection of women” belong? a. TRUE OR FALSE: John can demand
a. Law payment from Jane for negotiorum gestio.
b. Morals b. TRUE OR FALSE: John can demand to
c. Good customs have sex with Jane for what he has done.
d. Public order
e. Public policy 46. Which of the following does not
characterize negotiorum gestio?
39. TRUE OR FALSE: When penalty in case of a. The gestor undertook a risky operation
breach of obligation is unconscionably high, which the owner was not accustomed to
the court can only convince the parties to embark upon.
reduce it. b. He did not prefer his own interest to that of
the owner.
40. X and Y entered into an agreement c. He did not fail to return the property after
whereby X would pay Y 2000 pesos per demand from the owner.
month so that Y would take all necessary care d. He did not assume the management in bad
of X’s house while he’s on vacation in the US. faith.
One night, the house of Y caught fire and X
saved Y’s car, refrigerator, TV, etc. What is 47. Which is not an obligation of a gestor in
the source of X’s obligation to Y? negotiorum gestio?
a. Law a. To render an account of costs and expenses
b. Contracts b. To return the property to the owner upon
c. Quasi-contracts demand
d. Delicts c. To pay any load he incurred not in the
e. Quasi-delicts interest of management
d. To pay owner for damages necessarily
41. What are characteristics common to incurred in the management
mistake in payment and unauthorized
management? 48. TRUE OR FALSE: Every person criminally
a. Lawful, voluntary and unilateral liable is civilly liable.
b. Unlawful, involuntary and multilateral
c. Lawful, voluntary and bilateral 49. Which of the following is not an element
d. Unlawful, involuntary and unilateral of an obligation quasi-delict?
a. Act or omission
42. What source of obligation is presumptive b. Fault or negligence
consent present in? c. Damage or injury
a. Law d. Cause and effect relationship between fault
b. Contracts and damage
c. Quasi-contracts e. Pre-existing contractual relation between
d. Delicts the parties
e. Quasi-delicts
50. A person civilly liable is not liable for:
43. What is another term for negotiorum a. Restitution
gestio? b. Imprisonment
a. Mistake in payment c. Reparation for damages cause
b. Inofficious manager d. Indemnity for consequential damages
c. Unjust enrichment
d. Negotiable gesture 51. TRUE OR FALSE: There is natural
obligation when…
44. What is another term for solutio indebiti?
a. Unauthorized management a. A civil obligation is performed after it prescribes.
b. Inofficious manager b. A third person pays a debt that has already
c. Unjust enrichment prescribed.
d. Solution to the debt c. A contractual obligation is performed after judicial
annulment thereof.
d. A minor performs his obligation in the contract.
e. A party performs his obligation after the creditor
fails to enforce the obligation in court.
f. An heir pays debt exceeding the value of the
property inherited.
g. A legatee is paid his share in the inheritance
although the court has declared it void.

52. Which of the following is not true about
natural obligations?
a. They are based on equity and natural law.
b. The debtor cannot perform this obligation.
c. The creditor cannot enforce this obligation.
d. They are not based on law, contracts, quasi-
contracts, delicts and quasi-delicts.
53. TRUE OR FALSE: A natural obligation is
converted into a civil one by novation.
54. TRUE OR FALSE: A natural obligation
cannot be converted into a civil one by
securing it with real or personal security.
55. Which of the following does not the
creditor to payment of damages?
a. Fraud
b. Delay
c. Negligence
d. Mutual agreement to contravene tenor
56. If the obligation is specific and there is
noncompliance, which is not an remedy?
a. Specific performance
b. Collection of damages
c. Cancellation of the contract
d. Performance of the obligation by another at
the debtor’s expense
57. When does real right of the creditor over
the fruits commence?
a. After delivery
b. Before delivery
c. From the time the obligation to deliver
arises
d. Before the time the obligation to deliver
arises
58. What characterizes a personal right?
a. Enforceable against the whole world
b. Enforceable against a definite person
c. Has no definite passive subject
d. Right over a thing
59. Specific performance as a remedy will
compel the obligor to perform his obligation.
This is not available when:
a. Such performance will result in economic
loss on the part of the debtor.
b. Such performance will result in
inconvenience on the part of the debtor.
c. Such performance will result in
unconscionable advantage to the debtor.
d. Such performance will result in harsh,
inequitable and oppressive consequences to
the debtor.
60. Specific performance plus damages as a
remedy is not available if:
a. Purely personal obligations to do
b. Purely personal obligations not to do
61. Which of the following is not a voluntary
breach?
a. Mora
b. Dolo
c. Culpa
d. Caso fortuito
62. Who is a good father of a family?
a. He who is knows everything about the
future.
b. He who takes precautions when
circumstances suggest danger.
63. Which of the following is not a
consequence of breach?
a. The obligation is performed at the debtor’s
expense.
b. The obligation is done with debtor’s
imprisonment.
c. The obligation is done with payment of
damages.
d. The obligation poorly done is undone.
64. The remedy of having the obligation done
by the debtor or by another at the debtor’s
expense can be availed of when:
a. The obligation is impossible by nature.
b. The obligation is barred by a sunset clause.
c. The obligation is subsequently forbidden by
law.
d. The obligation is prejudicial to the rights of
a third person.
65. TRUE OR FALSE: In case the remedy
mentioned in the next preceding number
isnot available, collection of damages is also
not available.
66. In reciprocal obligations, there is delay:
a. From the time the obligee judicially
demands it.
b. From the time the oblige extrajudicially
demands it.
c. From the time the other party complies
with his obligation.
d. From the time the period stated in the
obligation expires or lapses.
67. What is an element of delay?
a. Obligation must not be due, demandable
and liquidated.
b. A judicial or extrajudicial demand has not
been made by the creditor.
c. Compliance of the debtor of the creditor’s
demand for him to perform.
d. Debtor does not perform his positive
obligation on the date agreed upon.
68. There is no need of demand in case:
a. The obligation is reciprocal in nature.
b. There is express waiver of demand.
c. There is a case filed in court.
69. Which is default on the part of the
creditor?
a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
70. TRUE OR FALSE: Mora solvendi does not
apply to natural obligations.
71. TRUE OR FALSE: Mora solvendi does not
apply to negative obligations.
72. TRUE OR FALSE: Mora solvendi does not
make the debtor liable for fortuitous events.
73. TRUE OR FALSE: If the debtor can prove
that loss would nevertheless transpire even if
he had not been in default, the court may
equitably mitigate his liability.
74. What is the remedy of the debtor in case of
mora accipiendi?
a. Annul the contract
b. Sue creditor for damages
c. Consign the thing
d. Compel the creditor to accept
75. Which is an effect of mora accipiendi?
a. Debtor becomes liable for damages.
b. Creditor becomes liable for damages.
c. Debtor becomes liable for loss of the thing
due to fortuitous events.
d. Creditor becomes liable for loss of the thing
due to fortuitous events.
76. In reciprocal obligations, PARTY A cannot
compel immediate compliance from PARTY B
if:
a. PARTY A is in delay.
b. PARTY B is in delay.
c. PARTY A has already performed his
obligation.
d. A different date for PARTY B’s performance
is stipulated.
77. What is the effect of performance by
parties of their reciprocal obligations?
a. Compensation
b. Condonation
c. Novation
d. Payment
78. Delay still has effect when:
a. The debt has not yet prescribed.
b. Creditor condones delay expressly.
c. Creditor condones delay impliedly.
d. The debt’s due date has been moved.
79. Which fraud is cause for annulment of the
contract?
a. Causal fraud
b. Incidental fraud
80. What is an example of incidental fraud?
a. Debtor delivers a thing of lower quality
than that stipulated in the contract.
b. Debtor convinces creditor is engaged in a
certain business but actually not.
81. Which is not allowed by law?
a. Waiver of past fraud
b. Waiver of future fraud
c. Waiver of past debt
d. Waiver of future debt
82. Which is not a remedy in case of fraud?
a. Unilateral abandonment of the contract
b. Annulment of the contract
c. Specific performance
d. Damages
83. Which breach admits of mitigation of
liability?
a. Diligence
b. Negligence
c. Causal fraud
d. Incidental fraud
84. Which breach can be converted into
fraud?
a. Delay
b. Wanton delay
c. Negligence
d. Wanton negligence
85. TRUE OR FALSE: Negligence plus bad
faith is considered delay.
86. What is the effect of contributory
negligence on the part of the creditor?
a. Cancellation of the contract
b. Mitigation of recoverable damages
c. More liability on the part of debtor
d. Extinguishment of the obligation
87. TRUE OR FALSE. If the negligent act or
omission of the creditor is the proximate
cause which has lead to the damage or injury
complained of, he cannot recover.
88. Which of the following is NOT a requisite
for the application of the rule on fortuitous
events?
a. The cause of the event is independent of the
will of the debtor.
b. The event is unforeseeable or unavoidable.
c. The occurrence renders it absolutely
impossible for the debtor to fulfill his
obligation in a normal manner.
d. Debtor has participated in the aggravation
of the injury to the creditor.
89. TRUE OR FALSE:
a. Contributory negligence on the part of the
debtor in caso fortuito frees him from liability.
b. It is enough that the fortuitous event is
merely contributory to the impossibility of the
debtor’s performance of his obligation.
c. That something is difficult to foresee makes
it a fortuitous event.
90. Which of the following is a force majeure?
a. Earthquakes
b. Storms
c. Floods
d. Wars
91. TRUE OR FALSE:
a. Both force majeure and acts of god are
independent of the will of the obligor.
b. There is liability even in cases of acts of god
if law provides.
c. There is liability for acts of god if the
obligation requires assumption of risk.
d. There is liability for acts of god if parties
stipulate.
e. The debtor is not liable for acts of god even
if he’s guilty of malice or bad faith.
f. The obligor is not liable for acts of god even
if he promises to deliver the thing to two or
more persons not having the same interest.
g. The debtor is not liable for acts of god even
if he contributed to the loss.
h. The debtor remains liable for acts of god if
he is guilty of fraud, delay, negligence or
contravention of tenor.
i. The debtor’s generic obligation is not
extinguished by acts of god.

92. What action can a creditor bring to cancel

all contracts entered into by the debtor in
fraud of the former?
a. Specific performance
b. Accion subrogatoria
c. Accion pauliana
d. Collection