IA 210 – LAW OB&CON Preliminary Examinations – Answer Key DO NOT COPY

IA 210 b) Diligence of a good father of a family

Preliminary Examinations – Answer Key c) Diligence of a father of a good family.
Atty. Tyron Kim D. Baculo d) Good diligence of a family’s father

I. 8. It is a wrong committed without any pre-existing

Multiple Choice Questions relations between the parties.
a) Natural obligation
1. Which of the following is not a characteristic of a b) Quasi-contract
law? c) Quasi-delict
a) A positive command imposing a duty to obey d) Crime
and involving sanction which forces
obedience. 9. Obligations may arise from any of the following,
b) Rule of conduct except:
c) Promulgated by legitimate authority a) Law
d) For the observance of a limited sector of the b) Contracts
society c) Quasi-contracts
d) Prestation
2. This law deals with the nature and sources of
obligations and the rights and duties arising from 10. The creditor has a right that is enforceable
agreements and the particular contracts. against a definite passive subject. This right is
a) Civil Code provisions on Human Relations known as:
b) Adjective law a) Real right
c) Civil Code provisions on Obligations and b) Natural right
Contracts c) Personal right
d) Substantive law d) Civil right

3. The requisites for the recovery of interest are the 11. Which of the following is a determinate thing?
following, except: a) a cow
a) The agreement to pay the interest must be b) a Toyota Fortuner with engine no. 12345,
in writing. body no. 6789, and plate no. AAA 1234
b) The agreement as to the payment of interest c) a ring with a South Sea pearl
must be recorded with the Registry of Deeds. d) Starbucks Dark Mocha Frappuccino blended
c) The interest must be lawful. beverage
d) The payment of interest must be expressly
stipulated. 12. This refers to the delay on the part of the
creditor.
4. The following are the requisites of an obligation, a) Mora Accipiendi.
except: b) Mora Apicciendi
a) Active subject, creditor, or obligee c) Mora Solvendi
b) Passive subject, debtor, or obligor d) Mora Accipiens
c) Demand for fulfillment of the obligation
d) Efficient cause 13. The following are the remedies of a creditor to
pursue his claims against the debtor, except:
5. It is the voluntary administration of the property a) Pursue the property owned and in
of another without his consent. possession of the debtor
a) Quasi-delict b) Compel the debtor to perform the service in
b) Quasi-contract obligations to do
c) Solutio indebiti c) Accion pauliana
d) Negotiorum gestio d) Exercise all rights and bring all the actions of
the debtor.
6. It is a thing that is particularly designated or
physically segregated from all others of the same 14. Which of the following is not a conditional
class. obligation?
a) Indeterminate thing a) Pia to give Maxine P1,000,000.00 if she wins
b) Generic thing Miss Universe
c) Determinate thing b) Pia to give Maxine P1,000,000.00 is she has
d) Real thing the means
c) Pia to give Maxine a horse if she wears a red
7. Unless the law or the stipulation of the parties gown on the pageant night
require another standard of care, every person d) None of the above.
obliged to give something is also obliged to take
care of it with: 15. An obligation where only one prestation is due,
a) Extra-ordinary diligence with no period or condition needed is called:
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IA 210 – LAW OB&CON Preliminary Examinations – Answer Key DO NOT COPY

a) Pure or simple obligation

b) Conjoint obligation 21. The buyer has a right to the fruit of the thing
c) Alternative Obligation from:
d) None of the above a) the thing is delivered.
b) the time the contract is perfected.
16. Marlon obliged himself to give a specific car to c) the time the obligation to deliver the thing
Mike on December 25, 2017, stipulating that arises.
Marlon is liable even if the thing is lost due to d) the time the fruits are delivered.
fortuitous event, and without need of a demand.
On the due date, the car got lost due to a 22. Statement 1: “I will give you P10,000 if you will
fortuitous event. Which of the following marry Kris this year.” If by the end of the year,
statements is correct? Kris dies, my obligation is extinguished.
a) Obligation remains to subsist, but converted Statement 2: “I will give you P10,000 when my
into a monetary consideration. means permit me to do so.” This is a conditional
b) Mike can compel Marlon to deliver another obligation for the benefit of the debtor.
car. a) Only Statement 1 is correct.
c) Mike can require another person to deliver a b) Only Statement 2 is correct.
car, but the expenses are chargeable to c) Both statements are not correct.
Marlon. d) Both statements are correct.
d) Obligation is totally extinguished.
23. Which obligation is not valid?
17. Adele sold her cow to Beyonce for P10,000.00. a) “I promise to give you P100,000 on
No date was stipulated for the delivery of the December 25, 2017.”
cow. While still in the possession of Adele, the b) “I promise to give you P100,000 if your
cow gave birth to a calf. Which of the following patient dies.”
statements is correct? c) “I promise to give you P100,000 if you pass
a) Beyonce is entitled to the calf which was the 2020 CPA Board Examinations.
born after the perfection of the contract. d) “I promise to give you P100,000 if I go to
b) Adele is entitled to the calf because it was New York this year.”
born before his obligation to deliver the cow
arises. 24. The following are definitions of a prestation in an
c) Beyonce, in order to be entitled to the calf, obligation, except:
should pay additional cost for the calf to be a) It is the subject matter of the obligation
agreed upon by both parties. b) It refers to the conduct required to be
d) Adele is entitled to the calf because Beyonce observed by the debtor.
has not paid the price. c) It may consist in giving, doing, or not doing.
d) That which binds or connects the parties to
18. When the debtor binds himself to pay when his the obligation.
means permit him to do so, the obligation is:
a) Pure 25. It is a kind of obligation the subject matter of
b) With a period which is a thing which the obligor must deliver to
c) Conditional the obligee.
d) None of the above a) Personal obligation
b) Obligation to do
19. A promissory note signed by Maricar and dated c) Real obligation
March 15, 2017 is worded as follows “I promise d) Conditional obligation
to pay to the order of Kate the sum of P50,000.00
provided that if she should fail in the October 26. This refers to the interest of a person over a
2017 CPA Board Examinations, she shall return specific thing such as ownership, possession,
to me said amount. The above promissory note mortgage, without a definite passive subject
gives rise to an obligation with: against whom the right may be personally
a) Suspensive Condition enforced.
b) Resolutory Condition a) Personal right
c) Suspensive Period b) Real right
d) Resolutory Period c) Right to demand debtor’s performance of
obligation
20. Fruits as resulting from spontaneous products of d) None of the above
the soil without the intervention of human labor,
as well as animal offspring are: 27. The following are the duties of the obligor in
a) Industrial fruits obligation to give a determinate thing, except:
b) Civil fruits a) To preserve the thing with the proper
c) Natural fruits diligence of a good father of a family.
d) Rents
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IA 210 – LAW OB&CON Preliminary Examinations – Answer Key DO NOT COPY

b) To deliver the fruits of the thing to be 36. A “follow-up” made by the obligee to the obligor
delivered but obligor may keep the to perform the latter’s obligation is not
accessories and accessions in all instances considered as a valid demand. TRUE.
c) To answer for damages in case of breach of 37. Demand by the creditor shall not be necessary in
obligations order that delay may exist when demand would
d) To deliver the thing itself. be useless, as when the debtor has rendered it
beyond his power to perform. TRUE
28. The action which the creditor may exercise in the 38. In a reciprocal obligation, such as a contract of
place of his debtor in order to preserve or sale, if one party fulfills his obligation, delay by
recover the property lost or transferred so that the other party begins. TRUE
he can satisfy his own credit is called: 39. There is constructive fulfillment of a suspensive
a) Accion Pauliana condition when the obligor voluntarily prevents
b) Pursuing the leviable properties of the its fulfillment. TRUE
debtor 40. The creditor has a right to the fruits of the thing
c) Accion subrogatoria from the time the debtor delivers the thing to
d) Accion interdictal. him. FALSE
41. Negligence by the debtor will not exempt him
29. Statement 1: In solution indebiti, the contract of from liability in case there is fortuitous event.
the parties is the basis for damages in case of TRUE.
non-performance. 42. In accion pauliana, the third person must be in
Statement 2: Negligence, as a ground for good faith and must not be an accomplice. FALSE
damages, refers to the non-performance of an 43. A condition is a future and uncertain event, or a
obligation with respect to time. past event which is already known to the parties,
a) Only Statement 2 is correct. the happening of which gives rise to an
b) Only Statement 2 is wrong. obligation or extinguishes one already existing.
c) Both statements are correct. FALSE
d) Both statements are not correct. 44. Demand is a notice that the creditor enforces
unequivocally his right to the obligation. TRUE
30. Statement 1: A civil obligation is based on 45. Obligations arising from contracts have the force
positive law which gives a right of action to of law between the contracting parties and
compel their performance in case of breach. should be complied with in good faith. TRUE.
Statement 2: A natural obligation is based on 46. A potestative condition is a condition, the
equity and natural law and cannot be enforced fulfillment of which, depends upon the sole will
by court action but after the voluntary of the debtor. TRUE.
fulfillment of the obligor, they authorize the 47. A condition which depends upon the sole will of
retention of what may have been delivered or the creditor shall render the obligation void.
rendered by virtue thereof. FALSE
a) Only Statement 2 is correct. 48. Any waiver of an action for future fraud is valid.
b) Only Statement 2 is wrong. FALSE
c) Both statements are correct. 49. If a person obliged to do something fails to do it,
d) Both statements are wrong. the same shall be executed at his cost. TRUE
50. Mora Solvendi is delay on the part of the
II. creditor. FALSE
True or False Questions 51. The debtor can still be exempted from his
obligation by reason of fortuitous event even if it
31. If the obligor delays, or has promised to deliver is still possible for him to fulfill his obligation.
the same thing to two or more persons having FALSE
the same interest, he shall be responsible for 52. To constitute delay, mere fixing of a period is
fortuitous event until he has effected the enough, such that should the debtor fails to
delivery. FALSE perform his obligation on such date, he is already
32. Obligations derived from law are presumed. in delay. FALSE
FALSE 53. Causal Fraud is the fraud employed to secure the
33. “I will give you the amount of ₱500,000.00 if it consent of the party defrauded. TRUE
rains on the concert of Coldplay at MOA Open 54. The debtor is not liable for a fortuitous event
Grounds” is an example of an obligation with a unless he has promised to deliver the same thing
suspensive period. FALSE to two or more persons who have the same
34. All obligations must be expressly stipulated in interest. FALSE
writing for the convenience of the parties. FALSE. 55. The receipt of the principal by the creditor,
35. The obligation to give a determinate thing without reservation with respect to interest,
includes that of delivering all its accessions and shall give rise to the presumption that said
accessories provided that they have been interest has been paid. TRUE
mentioned. FALSE 56. In conditional obligations, the acquisition of
rights, as well as the extinguishment or loss of
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IA 210 – LAW OB&CON Preliminary Examinations – Answer Key DO NOT COPY

those already acquired, shall depend upon the

happening of the event which constitutes the
condition. TRUE
57. A mixed condition is a condition which depends
partly upon chance and partly upon will of the
debtor or creditor. FALSE
58. Impossible conditions shall annul the obligation
which depends upon them. If the obligation is
divisible, that part which is not affected by the
impossible condition shall be valid. TRUE
59. When the obligation consists in not doing, and
the obligor does what has been forbidden him, it
shall also be undone at the expense of the
obligee. FALSE
60. In an obligation to deliver a generic thing, the
debtor is not relieved from liability due to a
fortuitous event because he can still be
compelled to deliver a thing of the same kind.
TRUE.

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