Obligations and Juridical Ties: Understanding the Differences, Quizzes of Law

Download Obligations and Juridical Ties: Understanding the Differences and more Quizzes Law in PDF only on Docsity! 1. What is the definition of an obligation under Article 1156 of the New Civil Code of the Philippines? a. Juridical necessity to do or not to do. b. Juridical necessity to give or not to give. c. Juridical necessity to give, to do or not to do. d. Juridical necessity to give, not to give, to do or not to do. 2. Which of the following statements best describes a negative obligation? a. It refers to an obligation which consists of giving or doing something. b. It refers to an obligation which consists to the delivery or giving of personal or real object. c. It refers to an obligation which consists of doing a particular prestation but not delivery of an object. d. it refers to an obligation which consists of abstaining from some act. 3. Which of the following is a positive and real obligation? a. Obligation to teach b. Obligation not to smoke in public place c. Obligation to deliver the goods d. None of the above 4. The following are the essential elements of an obligation, except a. An active subject, who has the power to demand prestation, also known as the obligee or creditor. b. A passive subject, who is bound to perform the prestation, also known as the obligor or debtor. c. Object or prestation, which is the promise or particular conduct to be performed in the performance of an obligation, and may consist of giving, doing or not doing a thing. d. Efficient cause, the tie which binds the parties to the obligation, also known as juridical tie or vinculum. e. The form in which the obligation is manifested. 5. Among the essential elements of an obligation, which are considered the personal elements? a. Obligee and obligor b. Prestation and vinculum c. Obligee and vinculum d. Prestation and obligor 6. The following statements concerning an obligation are correct, except a. The obligation to give is one in which the prestation consists in the delivery of a movable or an immovable thing. b. The obligation to do includes all kinds of work or services. c. The obligation not to do consists in abstaining from some act. d. The obligation not to give is a positive obligation. 7. The following are the requisites of a prestation or an object of an obligation, except a. It must be possible, physically and juridically. b. It must be determinate, or. at least, determinable according to pre-established elements or criteria. c. It must have possible equivalent in money. d. It must be a positive obligation only. 8. The following are examples of vinculum or efficient cause or juridical tie of an obligation, except a. Relation established by law b. Relation established by contract c. Relation established by quasi-contract d. Relation established by quasi-delict e. Relation established by delict or crime f. Relation established by natural obligation 9. Which of the following obligations is not enforceable by a court action? a. Legal obligation b. Contractual obligation c. Civil obligation d. Natural obligation 10. Which of the following statements concerning the distinctions between civil obligation and natural obligation are true? I. Civil obligations derive their binding force from positive law, while natural obligations derive their binding effect from equity and natural justice. II. Civil obligations can be enforced by court action or the coercive power of public authority, while the fulfillment of natural obligations cannot be compelled by court action but depends exclusively upon the good conscience of the debtor. However, voluntary fulfilment of natural obligation by the debtor will preclude him from asking for reimbursement from the creditor of the amount he has voluntarily paid. a. I only b. II only c. Both I and II d. Neither I nor II 11. The following are examples of natural obligations that cannot be enforced by court action but depends upon the voluntary fulfillment of debtor, except a. The obligation of a debtor to pay a loan evidenced by a written contract of loan but a period of 10 years had already lapsed from maturity date without demand from creditor. b. The obligation of a debtor to reimburse a third person who has paid the debtor's obligation aner it has already lapsed. c. The obligation of a testate or intestate heir to pay the debt of a decedent beyond the value of the property which he received by will or by the law of intestacy from the estate of the deceased. d. The obligation of the employer of a "Kasambahay" to pay the 13th month pay of the latter. 12. The following are the sources of civil obligation demandable in a court of law, except a. Law b. Contracts c. Quasi-contracts d. Quasi-delicts or Culpa Aquiliana or Torts e. Delict or Crime or acts/omissions punishable by law f. Religious doctrines 13. It is a source of an obligation that refers to the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. a. Law b. Contract c. Quasi-contract d. Quasi-delict 14. Which of the following statements concerning obligations arising from law is incorrect? a. Only obligations expressly determined in the Civil Code or in special laws are demandable. b. The law cannot exist as a source of obligations, unless the acts to which its principles may be applied exist. c. The obligations and correlative rights arising from law shall be governed by the law by which they are created. d. The obligations derived from law are presumed. 15. What is the source of obligation of parents to provide support to their children? a. Law b. Contracts c. Quasi-contracts d. Quasi-delicts e. Delict 16. It is a source of an obligation that refers to meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. a. Law b. Contract c. Quasi-contract d. Quasi-delict 17. Which of the following statements concerning obligations arising from contracts are correct? I. Obligations arising from contracts have the force of law between contracting parties. 33. What degree of evidence must be proved by the private offended party to be entitled to civil damages arising from crime or delict? a. Proof beyond reasonable doubt b. Clear and convincing evidence c. Preponderance of evidence d. Substantial evidence 34. What degree of evidence must be proved by the plaintiff in order to recover civil damages arising contract or quasi-delict? a. Proof beyond reasonable doubt b. Clear and convincing evidence c. Preponderance of evidence d. Substantial evidence 35. In the prosecution for the crime of criminal negligence, the accused is acquitted on the ground of failure of the prosecution to prove his guilt beyond reasonable doubt. May the private offended party file another civil case based on quasi-delict? a. Yes because a single act may result to different sources of obligation and crime and quasi-delict are separate and distinct sources of civil liability but the private offended party (plaintiff) cannot recover twice civil damages for a single act since civil damages are awarded to compensate the victim for the injury caused to him but not to unjustly enrich him. b. No because the accused shall not be subject to double jeopardy. c. Yes only if there is a contract between the contending parties. d. No because the private offended party is barred by the principle of res judicata. 36. It refers to a source of an obligation wherein a person by act or omission causes damage to another, there being fault or negligence. a. Contract b. Quasi-contract c. Quasi-delict or culpa aquiliana or torts d. Delict 37. The following are the requisites in order that civil liability for quasi-delict or torts may exist, except a. There is pre-existing relation between the offender and offended parties. b. There exists a wrongful act or omission imputable to the defendant by reason of his fault or negligence. c. There exists a damage or injury which must be proved by the person claiming recovery. d. There must be a direct causal connection or a relation of cause and effect between the fault or negligence and the damage or injury, or that the fault or negligence be the cause of the damage or injury. 38. Negligence or culpa which results to civil liability arising from quasi-delict or torts is also known as a. Culpa criminal b. Culpa aquiliana c. Culpa contractual d. Culpa liberal 39. The following are the distinctions between quasi-delict and crime or delict, except a. The right violated by a quasi-delict is a private right while the right violated by a crime is a public right. b. Every quasi-delict gives rise to liability for damages to the injured party but there are crimes from which no civil liability arises. c. Criminal liability can never be compromised except in criminal negligence but liability from quasi-delict can be compromised. d. In quasi-delict, criminal intent is not necessary, while in crime, criminal intent is necessary except in criminal negligence. e. In order to convict a person of crime, only preponderance of evidence is required but in order to prove negligence in quasi-delict, proof beyond reasonable doubt is required. 40. In case of tort, when will the plaintiff or injured party be barred or precluded from recovering damages? a. When plaintiffs own negligence was the immediate, proximate and sole cause of his injury. b. When the reason of the injury is a fortuitous event but with contributory negligence of tortfeasor. c. When plaintiffs negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care. d. When the immediate and proximate cause of his injury is the negligence of the tortfeasor. 41. The obligation arising from torts or quasi-delicts is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The following are the persons who are liable for the torts or quasi-delict committed by persons under their responsibility, except a. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. b. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. c. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. d. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. e. Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices who are within their custody. f. Boyfriend or girlfriend is liable for the quasi-delict committed by their partner during their relationship. 42. How shall persons enumerated under preceding number exempt themselves from responsibilities arising from torts committed by persons under their responsibility? a. By proving they exercise extraordinary diligence to prevent damage. b. By proving that they observed all the diligence of a good father of a family to prevent damage. c. By proving that there is no contract between the plaintiff and defendant. d. By proving that the guilt is not proven beyond reasonable doubt. 43. What is the nature of liability of two or more persons who are liable for quasi-delict or tort a.k.a. joint tortfeasors? a. Solidary b. Joint c. Pro-rata d. Proportionate 44. While trying to pass each other on a narrow bridge, a passenger bus and a private automobile collided, and two persons, A and B, were injured. A was a passenger of the bus while B was a pedestrian. The bus company was made a defendant although its employee driver was the one driving the bus and the owner-driver of the private car was also made a defendant. What can be the source of obligation of the bus company as regards to A, the passenger? a. Contract of carriage for failure to exercise extra-ordinary diligence b. Culpa aquiliana or quasi-delict if he exercised diligence of a good father of a family in selecting his employees. c. Culpa criminal or crime and considered a principal liability d. Quasi-contract 45. Using the same data in preceding number, what can be the source of obligation of the driver of passenger bus as regards to A, the passenger? a. Contract of carriage b. Quasi-contract c. Law d. Quasi-delict or crime at the option of A 46. Using the same data in preceding number, what can be the source of obligation of the bus company as regards to B, the pedestrian? a. Contract of carriage b. Culpa aquiliana if he fails to exercise the diligence of a good father of a family in selecting his employees c. Culpa criminal or crime and considered a principal liability d. Quasi-contract 47. Using the same data in preceding number, what can be the source of obligation of the bus driver as regards to B, the pedestrian? a. Contract of carriage b. Quasi-contract c. Law d. Quasi-delict or crime at the option of B 48. Using the same data in preceding number, what can be the source of obligation of the owner- driver of private car as regards to A, the passenger? a. Contract of carriage b. Quasi-contract c. Law d. Quasi-delict or crime at the option of A 49. Using the same data in preceding number, what can be the source of obligation of the owner- driver of private car as regards to B, the pedestrian? a. Contract of carriage b. Quasi-contract c. Law d. Quasi-delict or crime at the option of B 50. Which of the following statements concerning the obligation to deliver a thing is correct? I. A generic or indeterminate thing is only indicated by its kind, without being designated and distinguished from others of the same kind. II. A determinate or specific thing or delimited generic thing is one that is individualized and can be identified or distinguished from others of its kind. a. Neither I nor II b. Both I and II c. I only d. II only 51. Which of the following refers to a determinate thing or specific thing or delimited generic thing? a. White horse b. Pilot ballpen c. Car with engine number 143-245 d. House and lot in Villa Lourdes Subdivision 52. Which of the following refers to an indeterminate thing or generic thing? a. Black Honda Civic Car with Plate Number CPA-123 b. Which Machinery with Serial Number 123-456 c. Red motor cycle with engine number 143-245 d. Studio Type Condominium unit in Avida Taft Tower I 53. The following are the incidental or accessory obligations in an obligation to deliver a determinate thing or specific thing or delimited generic thing, except a. Obligation to preserve the thing with due care. b. Obligation to deliver the fruits if the fruits occur after the obligation to deliver the determinate thing arises. c. Obligation to deliver the accessions and accessories. d. Obligation to pay for the freight and insurance in transit. 54. In an obligation to deliver a determinate thing, what degree of diligence shall be exercised by the obligor or debtor in the preservation of the determinate or specific or delimited generic thing? a. Extraordinary diligence unless the law or the stipulation of the parties requires another standard of care. b. Diligence of a father of a good family unless the law or the stipulation of the parties requires another standard of care. c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person unless the law or the stipulation of the parties requires another standard of care. d. No diligence unless the law or the stipulation of the parties requires another standard of care. 55. In an obligation to deliver a determinate or specific or delimited generic thing, when is the creditor or obligee entitled to the fruits of the determinate thing or when does the creditor obtain personal rights over the fruits of 70. In an obligation to do, what is the remedy of the creditor in case the debtor did it in contravention of the tenor of the obligation or did it poorly? a. Action for specific performance with damages. b. Action for annulment of obligation with damages. c. The creditor or third person may do it in a proper manner or it may be decreed that what had been poorly done be undone at the expense of the debtor. d. Action for damages only to be awarded by the Court. 71. In an obligation consisting in not doing, what is the remedy of the creditor in case the debtor does what has been forbidden him? a. It shall be undone at the expense of debtor with no damages. b. It shall be undone at the expense of debtor with indemnification for damages. c. Action for specific performance with damages. d. Action for rescission. 72. When does the debtor or obligor incur delay in an obligation to do something? a. From the time the obligee demands judicially or extrajudicially the fulfillment of obligation. b. From the time the obligee demands judicially the fulfillment of obligation. c. From the time of the perfection of the contract. d. From the fulfillment of resolutory condition. 73. Delay can exist in the following obligations, except a. Obligation to do b. Obligation to give c. Obligation not to do d. None of the above 74. As a general rule, demand by the creditor is necessary in order for debtor's delay to exist. However, the following are the exceptional cases When demand by the creditor shall not be necessary in order for debtor's delay to exist, except a. When the obligation expressly so declares that demand is not necessary for delay to exist or that demand is waived. b. When the law expressly so declares that demand is not necessary for delay to exist. c. When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract. d. When there is unilateral obligation. e. When demand would be useless, as when the obligor has rendered it beyond his power to perform. 75. In a reciprocal obligation, when does the other party incur delay? a. From the moment one of the parties makes a demand. b. From the moment one of the parties fulfills his obligation. c. When both parties do not comply with what is incumbent upon them. d. When both parties are not ready to comply in proper manner their obligations. 76. Delay or Default (Mora) on the part of the debtor or obligor is called a. Mora solvendi b. Mora accipiendi c. Compensatio morae d. Mora Obligor 77. The following are the requisites in order that the debtor or obligor may be in default, except a. There must be a complaint filed in court against the debtor. b. The obligation must be demandable and already liquidated. c. The debtor delays performance of the obligation. d. The creditor demands the performance judicially or extrajudicially. 78. Which of the following is the effect of delay on the part of the debtor a.k.a mora solvendi? I. The debtor becomes liable for damages for the delay. II. When it has for its object a determinate thing, the delay places the risk of the thing on the debtor. a. I only b. II only c. Both I and II d. Neither I nor II 79. The following are the effects of the delay on the part of the creditor a.k.a mora accipiendi, except a. The creditor becomes liable for damages. b. The debtor may relieve himself of the obligation by the consignation of the thing. c. The debtor bears the risk of the loss of the thing. d. The responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence. e. All expenses for the preservation of the thing after the mora shall be chargeable to the creditor. 80. What is the effect of delays on both debtor and creditor a.k.a. compensatio morae? a. The delays on the part of both debtor and creditor are compensated or offsetted, therefore, no one is liable for damages. b. The debtor remains to be liable for damages. c. The creditor remains to be liable for damages. d. The obligations becomes void. 81. When will the benefits arising from default or delay stop? a. By delay of the other party. b. By rescission of the contract. c. By payment of damages. d. By renunciation by other party of effects of delay or by prescription. 82. Article 1170 of the Civil Code provides that "The debtor or obligor shall be liable for damages if in the fulfillment of obligation, he is guilty of the following. except a. Fraud or dolo b. Negligence or fault or culpa c. Delay or default or mora d. Contravention of the tenor of obligation e. Good faith 83. Which of the following statements pertains to "fraud"? a. It is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such person suffers injury. b. It refers to the non-fulfillment of the obligation with respect to time. c. It refers to the deliberate and intentional evasion of the normal fulfillment of obligations. d. It refers to illicit act which impairs the strict and faithful fulfillment of the obligation or every kind of defective performance. 84. When is the debtor not liable for damages in cases of contravention of tenor or delay in the performance of obligation? a. It is malicious or intentional. b. There is gross negligence. c. It is due to fortuitous events. d. It is due to force majeure and there is stipulation making the debtor liable even in such case. 85. The following are the types of damages that may be awarded to the aggrieved party by the court, except a. Moral damages are damages awarded by reason of physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. b. Exemplary or corrective damages are damages which are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. c. Nominal damages are damages adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. d. Temperate or moderate damages are damages which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty. e. Actual or compensatory damages are damages awarded for pecuniary loss suffered and duly proved by the plaintiff f. Liquidated damages or penalty are damages agreed upon by the parties to a contract, to be paid in case of breach thereof and may not be assessed by the court. g. Superficial damages are those damages that are unconscionable, iniquitous, excessive, exorbitant and contra bonus mores. 86. As a general rule, what is the legal interest rate for ordinary obligation to pay a sum of money or forbearance of money? a. Always 12% b. Always 6% c. Always 10% d. 12% before July 1, 2013 but 6% on or after July 1, 2013 87. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for what type of fraud is void? a. Future fraud b. Past fraud or fraud already committed c. Both future and past fraud d. Neither future nor past fraud 88. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. What type of culpa is referred to by this provision of the Civil Code? a. Culpa criminal b. Culpa contractual c. Culpa aquiliana d. Culpa capa 89. In what type of culpa or negligence will the defense of the exercise of good father of the family in the selection of his employees by the employer be a tenable defense? a. Culpa criminal b. Culpa contractual c. Culpa aquiliana d. Culpa capa 90. A stipulation exempting future liability for damages shall be valid for which of the following? a. Gross negligence b. Bad faith c. Fraud d. Simple negligence 91. It refers to the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and the place. a. Fraud or dolo b. Delay or default or Mora c. Negligence or fault or culpa d. Contravention of the tenor 92. If the law or contract does not state the diligence to be observed in the performance of the obligation, what degree of diligence shall be observed? a. Extraordinary diligence b. Diligence of a father of a good family c. Diligence of a good father of a family or ordinary diligence or diligence of a reasonably prudent person d. Diligence of a good mother of a family 93. As a general rule, no person shall be responsible for those events which could not be foreseen, though a. It is one which depends upon the sole will of one of the contracting parties. b. It is one which depends exclusively upon chance or other factors, and not upon will of the contracting parties. c. It is one which depends upon the will of the contracting parties and other circumstances, including the will of a third person. d. It is one which depends upon the arrival of a particular period. 110. Which of the following conditional obligations is void? a. When the fulfillment of the suspensive condition depends upon the sole will of the debtor. b. When the fulfillment of the suspensive condition depends upon the sole will of the creditor. c. When the fulfillment of the suspensive condition depends upon the sole will of the third person. d. When the fulfillment of the suspensive condition depends upon chance or other factors. 111. The following conditions shall annul the obligation which depends upon them, except a. Impossible conditions b. Suspensive conditions which depend upon chance and will of the debtor c. Conditions contrary to good customs or public policy d. Conditions prohibited by law 112. What is the effect of the condition not to do an impossible thing? a. It shall be considered as having agreed upon. b. The obligation will become null and void. c. The obligation is subject to a condition. d. The obligation is pure and demandable. 113. Which of the following obligations subject to a suspensive condition is valid? a. Obligation to give P1M subject to a suspensive condition that if the creditor will have sexual intercourse with the debtor. b. Obligation to give P1M in exchange for Shabu and cocaine. c. Obligation to give P1M subject to a suspensive condition that if the debtor will not be able to walk in air. d. Obligation to give P1M subject to a suspensive condition if the debtor will go to Singapore. 114. An obligation to pay a sum of money is subject to the condition that a certain person shall arrive at a designated place in one year. This obligation will be extinguished if I. One year passes and he does not arrive at the place. II. Such person dies before the lapse of one year and before arriving at such a place. a. I only b. II only c. Either I or II d. Neither I nor II 115. An obligation to deliver a piece of land to X is subject to the condition that he shall not bear a child within two years. This obligation shall become effective and the land should be delivered to X if I. Two years expire without X having bearing a child. II. X becomes barren before the two years expire. a. I only b. II only c. Neither I nor II d. Either I or II 116.What is the effect if the obligor or debtor voluntarily prevented the fulfillment of the suspensive condition of an obligation subject to a suspensive condition? a. The obligation is extinguished. b. The obligation remains to be subject to the condition. c. The suspensive condition shall be deemed fulfilled and the obligation becomes demandable. d. The obligation becomes with a period. 117.When shall the effects of a conditional obligation to give produce effect? a. They shall be given prospective effect once the condition has been fulfilled. b. They shall retroact to the day of the constitution or perfection of the obligation once the condition has been fulfilled. c. They shall not be given retroactive effect once the condition has been fulfilled. d. They shall be given retroactive effect even if the condition is not fulfilled. 118. X sells a piece of land to A on January 1, 2020 subject to a suspensive condition. Then, on October 4, 2020, X sells the land unconditionally to B. The suspensive condition on contract of sale of land to A happens on December 25, 2020. Who shall have the better right assuming there is neither registration of the sale nor delivery of possession to either A or B? a. B because the sale to him is unconditional. b. B because his title is older being dated October 4, 2020. c. A because his title retroacts on January 1, 2020 upon fulfillment of the suspensive condition on December 25,2020. d. A because he is the first buyer. 119. In conditional reciprocal obligations to give, what is the treatment of the fruits and interests during the pendency of the condition? a. They shall inure to the sole benefit of the creditor. b. They shall inure to the sole benefit of the debtor. c. They shall be deemed to have been mutually compensated. d. They shall be forfeited in favor of the government. 120. In conditional unilateral obligation to give or unilateral obligation to give subject to a period, what is the treatment of the fruits and interests during the pendency of the condition or during the pendency of the period? a. They shall inure to the sole benefit of the creditor in the absence of stipulation to the contrary. b. They shall inure to the sole benefit of the debtor, whether the condition or period is suspensive or resolutory, in the absence of stipulation to the contrary. c. They shall be divided equally between the creditor and debtor. d. They shall be forfeited in favor of the government. 121. In conditional obligation to do or not to do, what is the effect of the fulfillment of the condition? a. There shall be retroactive effect to the day of the constitution of the obligation. b. There shall be prospective effect from the moment the condition is fulfilled. c. The stipulation of the parties shall not be considered. d. The courts shall determine, in each case, the retroactive effect of the condition that has been complied with taking into account the agreement of the parties. 122. Before the fulfillment or during pendency of the suspensive condition, what shall the creditor may do in an obligation subject to a suspensive condition? a. Demand the specific performance of the obligation. b. Charge damages and interests. c. Demand the fruits and interests of the thing. d. Bring appropriate actions for the preservation of his right. 123. During the pendency of the suspensive condition, the debtor has paid by mistake a sum of money. What is the remedy of the debtor before the fulfillment of suspensive condition? a. The debtor can recover the sum of money and interests even if the creditor acted in good faith. b. The debtor can recover the sum of money but with interests only if the creditor acted in bad faith. c. The debtor can only recover the sum of money without interests even if the creditor acted in bad faith. d. The debtor can only recover the sum of money without interests under any circumstances. 124. During the pendency of the suspensive period in an obligation with a suspensive period, the debtor has paid by mistake a sum of money. What is the remedy of the debtor before the arrival of the suspensive period? a. The debtor can recover the sum of money plus interests whether the creditor acted in good faith or bad faith. b. The debtor can recover the sum of money with interests only if the creditor acted in bad faith. c. The debtor can only recover the sum of money without interests even if the creditor acted in bad faith. d. The debtor can only recover the sum of money without interest if the creditor acted in good faith. 125. During the pendency of the suspensive condition, the debtor has delivered a determinate or specific thing by mistake. What is the remedy of the debtor? a. Accion of indemnification if the thing is still with the creditor. b. Accion reinvidicatoria if the thing is still with the creditor. c. Accion publiciana if the thing is still with the creditor. d. Accion possessoria if the thing is still with the creditor. 126. The following are the rules to be observed in case of improvement, loss or deterioration of the determinate thing during the pendency of the suspensive condition in an obligation to give a determinate thing or pendency of the suspensive period in obligation to give a determinate thing, except a. If the thing is lost without the fault of the debtor, the obligation shall be extinguished. b. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages. c. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor. d. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor. e. If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary which means that he shall only have the right to use the improved thing for a reasonable period. f. Deterioration of the thing, regardless of reason, shall be borne by the creditor. 127. When the thing deteriorates through the fault of the debtor during the pendency of the condition in an obligation to give, what are the alternative remedies of the creditor? a. He may only ask for the rescission of the obligation with indemnity for damages. b. He may only ask for the performance of the obligation with indemnity for damages. c. The debtor may choose between rescission of the obligation or its fulfillment with indemnity for damages in either case. d. The creditor may choose between rescission of the obligation with damages or exact fulfillment with damages. 128. The determinate thing is considered lost in any of the following instances, except a. When it perishes. b. When it goes out of commerce. c. When it disappears in such a way that its existence is unknown or it cannot be recovered. d. When it is a destroyed generic thing. 129. When the obligation is subject to resolutory condition or when the condition has for its purpose the extinguishment of the obligation to give, what shall be the obligation of the parties upon the fulfillment of said condition? a. They shall retain what they have received. b. They shallan action for damages. c. They shall return to each other what they have received. d. They shall rescind the obligation. 130. When the obligation is subject to resolutory condition or subject to a resolutory period or when the condition or period has for its purpose the extinguishment of the obligation to give, what shall be the rule as regards to the fruits and interest of the thing to be returned? a. The fruits shall be returned by the person who will make the restitution without deducting the expenses for the production, gathering and preservation of the fruits. b. The fruits shall be retained by the person who received the thing. c. The fruits shall be returned by the person who will make the restitution with deduction for the expenses for the production, gathering and preservation of the fruits. d. The fruits shall be retained by the person who received the thing and shall be reimbursed for the expenses for the production, gathering and preservation of the fruits. 131. It refers to a type of obligation which arises from the same cause and in which each party is a debtor and creditor of the other, such than the obligation of one is dependent upon the obligation of the other. a. Bilaterial obligations b. Reciprocal obligations c. Unilateral obligations f. When the debtor attempts to abscond. g. When the creditor granted grace period or extension of payment to debtor. 147. It is an obligation where the debtor is alternatively bound by different prestations and it is extinguished by the performance of any of them. a. Alternative obligations b. Conjunctive obligations c. Facultative obligations d. Composite obligations 148. The following statements pertain to alternative obligations. Which is correct? I. A person alternatively bound by different prestations shall completely perform one of them. II. The creditor cannot be compelled to receive part of one and part of the other undertaking. a. I only b. II only c. Neither I nor II d. Both I and II 149. Who has the right of choice in case of alternative obligations? a. Creditor, unless it has been expressly granted to the debtor. b. Debtor, unless it has been expressly granted to the creditor. c. Always with the debtor. d. Always with the creditor. 150. The following are the limitations on the right of choice in alternative obligations, except a. The debtor cannot choose unlawful undertakings. b. The debtor cannot choose part of one prestation and part of another. c. The debtor cannot choose impossible undertakings or those which could not have been the object of the obligation. d. The right to choose is divisible. 151. In alternative obligations, when shall the choice of prestation produce effect? a. From the moment it is exercised by the debtor. b. From the moment it is communicated to the creditor. c. From the moment the creditor consented to the choice. d. From the constitution of the obligation. 152. In alternative obligations, what is the effect of notice of choice of prestation to the creditor? a. The obligations remain to be alternative. b. The selection or choice is still revocable. c. The obligation is converted into a simple obligation. d. The obligation becomes a facultative obligation. 153. In alternative obligations, when shall the debtor lose the right of choice and thus, the obligation becomes simple? a. When he becomes insolvent. b. When he attempts to abscond. c. When among the prestations whereby he is alternatively bound, only one is practicable. d. When he was prevented by the creditor. 154. What is the remedy of the debtor if through the creditor's act the debtor cannot make a choice according to the terms of alternative obligations? a. The debtor may file an action for indemnification. b. The debtor may rescind the contract with damages. c. The debtor may ask for fulfillment of obligation with damages. d. The debtor may compel the creditor to perform the prestation. 155. In case the debtor has the right of choice in alternative obligations and through the fault of the debtor one of the things which is alternatively the object of the obligation has been lost, what shall be the right of creditor? a. He may demand the performance of the remaining prestation with damages. b. He may demand the performance of the remaining prestation without damages. c. He has the right to indemnity for damages. d. He has the right to demand the value of the thing lost plus damages. 156. In case the debtor has the right of choice in alternative obligations and through the fault of the debtor all the things which are alternatively the object of the obligation have been lost or the compliance of the obligation has become impossible, what shall be the right of creditor? a. He shall have the right to indemnity for the value of the lost object with the largest value plus damages. b. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages. c. He shall have the right to indemnity for the value of the last object plus damages. d. He shall have the right to indemnity for the value of the any object plus damages. 157. In case the debtor has the right of choice in alternative obligations and through the fault of the debtor only one object remains of the things which are the objects of alternative obligation and before its performance, it has been lost due to fortuitous event, what shall be the right of the creditor? a. He may demand the value of any object lost due to debtor's fault. b. He may demand indemnification for damages. c. He may demand the value of the last object lost due to fortuitous event. d. He has no right to demand anything. 158. In case the debtor has the right of choice in alternative obligations and through fortuitous event only one object remains of the things which are the objects of alternative obligation and before its performance, it has been lost due to the fault of the debtor, what shall be the right of the creditor? a. He shall have the right to indemnity for the value of the lost object with the largest value plus damages. b. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages. c. He shall have the right to indemnity for the value of the last object plus damages. d. He shall have the right to indemnity for the value of the any object plus damages. 159. In case the debtor has the right of choice in alternative obligations and through fortuitous event all the objects of alternative obligation have been lost, what shall be the right of the creditor? a. He shall have no right. b. He shall have the right to indemnity for the value of the lost Object with the largest value plus damages. c. He shall have the right to indemnity for the value of the lost object with the smallest value plus damages. d. He shall have the right to indemnity for the value of the last object plus damages. 160. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Until then, the responsibility of the debtor when the right of choice has been granted to the creditor shall be governed by the following rules, except a. If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists. b. If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting without right to damages, or the price of that which, through the fault of the former, has disappeared, with a right to damages. c. If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon price of any one of them, also with indemnity for damages. d. If all the things are lost through fortuitous event, the debtor shall be liable for damages. 161. It is an obligation wherein only one prestation has been agreed upon but the obligor may render another in substitution. a. Alternative obligations b. Conjunctive obligations c. Facultative obligations d. Composite obligations 162. In a facultative obligation, to whom shall the right of choice belong? a. Always creditor b. Always debtor c. Debtor unless granted to the creditor d. Creditor unless granted to the debtor 163. What is the effect of the loss or deterioration of the thing intended as a substitute in a facultative obligation before the substitution? a. The debtor becomes liable for damages. b. The creditor may rescind the obligation with damages c. The debtor shall indemnify the creditor. d. The debtor shall not be liable on account of the loss. 164. What is the effect of the loss of the thing intended as a substitute in a facultative obligation after the substitution? a. The debtor shall not be liable for the loss. b. The obligation is extinguished even if the loss is not due to fortuitous event. c. The debtor shall be liable for the loss on account of his delay, negligence or fraud. d. The creditor has no right against the debtor. 165. What is the effect of the loss of the principal object in a facultative obligation before the substitution? a. The debtor is liable if the loss is due to fortuitous event. b. The obligation is extinguished if it is due to fortuitous event. c. The debtor is not liable even if the lost is due to his fault. d. The obligation is not extinguished even if the loss is due to fortuitous event. 166. What is the effect of the loss of the principal object in a facultative obligation after the substitution? a. The debtor is liable if the loss is due to fortuitous event. b. The debtor is liable for damages if the loss is due to his fault. c. The obligation is extinguished because of the loss of the object. d. The obligation remains to exist. 167. The following are the distinctions between alternative obligation and facultative obligation, except a. In alternative obligation, several objects being due, the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election while in facultative obligation, only one thing is due, but the debtor has reserved the right to substitute in with another. b. In alternative obligation, the loss of one of the things due by reason of debtor's fault may affect the obligation in case the right to choose is given to creditor while in facultative obligation the loss before substitution of that which may be given as substitute even due to the fault of debtor does not affect the obligation. c. In alternative obligation, the loss of one of the things due by reason of fortuitous event does not extinguish the obligation while in facultative obligation, the loss of that which is due as the object of the obligation by reason of fortuitous event will extinguish such obligation. d. In alternative obligation, the right of choice can never be granted to the creditor while in facultative obligation, the right of choice may be granted to creditor. 168. It is an obligation where the debtor has to perform several prestations and it is extinguished only by the performance of all of them. a. Alternative obligations b. Conjunctive obligations c. Facultative obligation d. Composite obligations 169. In a conjunctive obligation, to whom shall the right of choice belong? a. Debtor unless granted to the creditor b. Creditor unless granted to the debtor c. Either debtor or creditor d. Neither debtor nor creditor 170. Which of the-following statements is correct? I. Joint obligation is one in which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only to a proportionate share of the credit. II. Solidary obligation is one in which each debtor is liable for the entire obligation and each creditor is entitled to demand the whole obligation. a. I only