MUTIPLE CHOICE 1. Three of the following are requisites of an obligation. Which is the exception? a. Prestation c. Delivery b.

Efficient use d. Passive subject 2. Statement No. 1: When the fulfillment of the suspensive or resolutory condition depends upon the sale will of the debtor, the conditional obligation shall be void. Statement No. 2: If the original obligation is subject to a suspensive or resolutory condition and the contract is novated the new obligation shall be under the same condition unless otherwise stipulated. a. No. 1 is false, No. 2 is true c. No.1` is true, No.2 is false b. Both are false d. both are true 3. On July 1, 1997. A signs a promissory note and binds himself to pay X P100,000 plus 15% per annum interest on June 30, 1999. a. Before June 30, 1999, X can demand payment. b. If on June 30, 1998 A is paying X, X cannot refuse the payment. c. Because the period is for the benefit of the debtor A can compel, creditor X to accept payment any date before June 30,1999. d. Because the period is for the benefit of the debtor and the creditor, X can refuse any tendered payment before June 30, 1999 4. I will give you this book provided that if like to have it back, you will return the same to me. a. The obligation is void, because the fulfillment depends upon the will of the debtor. b. The obligation is void, because the fulfillment depends upon the will of the creditor. c. The obligation is valid because the condition merely causes the loss of rights already required. d. Combination of A & B. 5. Statement No. 1: When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co debtor, in proportion to the debt of each. Statement No. 2: Payment by a solidary debtor shall not entitled him to reimbursement for his co-debtor if such payment is made after the obligation has prescribed to the debt of each. a. Both are true. b. Both are false. c. No. 1 is true, No. 2 is false. d. No. 1 is false, No. 2 is true. 6. Statement No. 1: In an obligation with a penal clause, interest and damages, aside from the penalty, may be awarded to the creditor if the debtor is guilty or fraud. Statement No. 2: In an obligation that is impossible of division, the debt can be enforced only by proceeding against all the debtors. If one of the debtors should be insolvent, the other shall not be liable for his share.

a. Both are true. b. Both are false. c. No. 1 is true, No. 2 is false. d. No. 1 is false, No. 2 is true. 7. D obliged himself to give a specific car to C on December 25, 19191, stipulating that D is liable even if the thing is lost due to fortuitous event, and without the need of a demand. On the due date, the car got lost due to fortuitous event. Which of the following is correct? a. Obligation remains to subsist, but converted into monetary consideration. b. C can compel D to deliver another car. c. C can require another person to deliver a car, expenses chargeable to D. d. Obligation is totally extinguished. 8. D owes C P10,000 payable on December 25, while C owes D P10,000 payable on December 30. In here, C can set up compensation (or cum pondere) on December 25, and this is called: a. Legal c. Judicial or set off b. Partial d. Facultative 9. The passage of time extinguishes the obligaton: a. Prescription b. Fulfillment of resolutory condition c. Arrival of resolutory period d. Remission 10. The delivery and transmission of ownership of thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation is called: a. Dacion en pago c. Consignation b. Payment by cession d. Remission 11. Which of the following is not a special mode of payment? a. Dacion en pago b. Payment by cession c. Tender of payment d. None of the above 12. D owes C P10,000 payable on December 25. Later, D forced C to sign a promissory note for P10,000 payable on December 25. If all the other requisites of compensation are present, are both debts extinguished? a. Yes, under legal compemsation. b. No, Bs consent was obtained by force. c. Yes, with the approval of the court. d. Not given 13. Which of the following is not a conditional obligation? a. D to give C P1,000 if C passes the examination b. D to pay C P1,000 if C has the means c. D to give C a horse if C marries X d. None of the above 14. Example 1- D obliged himself to give C a specific ring upon failure to give C P10,000

Example 2- D obliged himself to give C a specific ring. However, if he desires, D may instead give C P10,000. a. Both are valid obligations. b. Only No. 2 is valid c. Only No. 1 is valid. d. Both obligations are invalid because both depends upon the sole will of D. 15. A and B are solidary debtors of X and Y, solidary creditors to the amount of P4,000. On due date X re in favor of A the entire obligation. Which of the following is correct? a. B shall give a P2,000. b. Y can still collect from A or B P2,000. c. Y can collect from X P2,000. d. Any of the three e. None of the above 16. In novation, which of the following is incorrect? a. If the new obligation is void, original obligation shall subsist. b. In expromission, the insolvency of the new debtor shall not revive the action of the creditor against the original debtor. c. If the original obligation is subject to a suspensive condition, the new obligaton is not subject to the same condition unless stated. d. While if the condition is resolutory, the new is also resolutory condition, unless otherwise stated. 17. The buyer has the right to the fruits of the thing from: a. The time the thing is delivered. b. The time the obligation to deliver the things arises. c. The time the sale is perfected. d. The time the fruits are delivered. 18. Contracts entered into during lucid-interval: a. Voidable b. Unenforceable c. Void d. None of the above 19. An absolutely simulated or fictitious contract is: a. Voidable b. Void c. Unenforceable d. None of the above 20. The delay on the part of the creditor to accept the performance of an obligaton: a. Dolo incidente b. Mora accipiendi c. Dolo causante d. Mora solvendi 21. The meeting in one person of the qualities of creditor and debtor with respect to the same obligation is called: a. Compensation c. Remission

b. Merger d. Novation 22. The extinguishment of obligations when two persons, in their own right, are debtors and creditors of each are called: a. Compensation c. Remission b. Merger d. Novation 23. When the period is on or before a date, the debtor has the benefit of the period. This benefit is lost and the obligation becomes demandable when a. The debtors attempts to abscond. b. After contracting the obligation; the creditor suspects the debtor to becoming insolvent. c. The guarantee given by the debtor is not acceptable to the creditor. d. Demand by the debtor could be useless. 24. A was badly in need of money. He offered to sell his parcel of land to B for P100,000. B agreed and paid A the P100,000 and A signed a receipt. When B wanted register the sale, he needed a Deed of Absolute Sale. What can B can do? a. B may use A to return the P100,000 under the legal maxim No one shall enrich himself at the expense of another. b. B may possess and utilize As land as a buyer in good faith. c. B may compel A to execute the Deed of Absolute Sale because the contract is valid. d. B cannot get back the P100,000 because the contract is not enforceable. 25. Three of the following are requisites of cession in payment. Which is the exception? a. One debtor and one creditor b. Complete or partial insolvency c. More than one debt d. Abandonment of all debtors property not exempt from execution 26. A promissory note signed by D and dated March 15, 1997 is worded as follows: I promise to pay C the sum of Fifty Thousand Pesos (50,000) provided that if she should fail in the October, 1997 CPA Examination, she shall return to me said amount. The above notes gives rise to an obligation with a. Suspensive condition b. Casual condition c. Resolutory condition d. None of the above 27. B and C promise to deliver a particular car valued at P100,000 to M on or before September 15, 1997. On September 15, 1997, M demanded delivery from B and C.B was willing to deliver but C refused to deliver. In the case at bar a. An action for specific performance will lie against both B and C. b. Both B and C shall be liable for P50,000 each with damages. c. B shall be liable for P50,000 without damages and C shall be liable for P50,000 and damages. d. None of the above. 28. An obligation wherein various things are due, but the payment of all is required in order to extinguish the obligation is called: a. Simple obligation

b. Alternative obligation c. Conjoint obligation d. Facultative obligation 29. An obligation where only one prestation has been agreed upon is called: a. Simple obligation b. Alternative obligation c. Conjoint obligation d. Facultative obligation 30. An obligation where only one prestation has been agreed upon but the debtor may render another substitution is called: a. Simple obligation b. Alternative obligation c. Conjoint obligation d. Facultative obligation 31. A, B and C executed a promissory note worded as follows: We promise to pay X, Y and Z the sum of P90,000. a. A is obliged to pay to X, Y and Z P90,000. b. A is obliged to pay X P30,000. c. A is obliged to pay X P60,000. d. None of the above. 32. If in the situation given in No. 31, there is a diamond ring pledged by the debtors, subsequently returned by the creditors: a. The total principal obligation is extinguished. b. Only P30,000 of the obligation is extinguished. c. Only P60,000 of the obligation is extinguished. d. Principal obligation is not extinguished at all. 33. A is indebted to B for P20,000. X is the guarantor of A. B is also indebted to A for P80,000. How much will X be liable as guarantor if B sues A, and A cannot pay? a. P12,000 c. P8,000 b. P20,000 d. X has no liability 34. In three of the following compensation shall not be proper. Which is the exception? a. Commodatum b. Gratuitous support c. Civil liability arising out of criminal offenses d. Banks deposit 35. Which of the following is an obligation with a period for the benefit of the debtor and the creditor? a. Payable when you like b. Payable when debtors means permit him to do so c. Payable on or before December 25, 1997 d. Payable if I like e. Any of the above 36. D obliged himself to give C 100 cavans of rice on December 25, 1997. On said date, D failed to make delivery, despite repeated demands by C.

a. C can compel D to deliver 100 cavans of rice plus damages. b. C has no remedy under the law. c. C may ask a third person to deliver 100 cavans of rice to him, the value recoverable from D plus damages. d. D can rescind the contract because the object is indeterminate. 37. A and B are solidary debtors of W, X, Y and Z, joint creditors, to the amount of P2,000. How much can W can collect from debtor A? a. W could recover P2,000 from A. W, in turn, has to give P500 each to X,Y and Z. b. W could recover P1,000 from A. W, in turn, has to give P250 each to X,Y and Z. c. W could recover P500 only from A. d. W could recover P250 only from A. 38. A obliges himself to pay X P100,000 in 30 days plus a penalty of P20,000 if A fails to pay the obligation in due time. A failed to pay the obligation in 30 days. X can demand from A a. The principal of P100,000 plus P20,000 penalty. b. The principal of P100,000 plus P20,000 penalty, plus legal interest. c. The principal of P100,000 plus legal interest. d. The principal of P100,000 plus P20,000 penalty, plus legal interest, plus damages. 39. The debtor loses the benefit of the period, and his obligation becomes demandable when: a. Demand by the creditor. b. The guarantees as promised and delivered by the debtor are not acceptable to the creditor. c. After contracting the obligation, the creditor suspects that the debtor is becoming insolvent. d. The debtor attempts to abscond. 40. D obliged him to give C, either object No. 1 valued P15,000; or to object No. 2 valued P10,000; or to object No. 3 valued P5,000. All of the objects were lost due to Ds fault in the order stated a. Ds obligation is extinguished. b. Ds obligation is to pay the value of object No. 1 plus damages. c. Cs right is to demand the value of any of the objects plus damages. d. None of the above. 41. In question No. 40, if object No. 1 is lost due to fortuitous event; No.2 is lost due to debtors fault; No. 3 is subsisting; a. The right of C is to demand the value of object No. 2 plus damages. b. C has no right because he did not communicate what object the debtor will deliver. c. The obligation of D is to deliver object No. 3. d. Ds obligation is totally extinguished. 42. A wrong committed independent of contract and without criminal intent is: a. Culpa contractual b. Culpa aquiliana c. Delict d. Quasi-contract

e. None of the above 43. Proof of pecuniary loss is not necessary for the award of: a. Moral damages b. Nominal damages c. Actual damages d. Exemplary damages e. None of the above 44. Proof of pecuniary loss is not necessary for the award of: a. Liquidated damages b. Exemplary damages c. Actual damages d. Temperate damages e. None of the above 45. In the execution of obligation, liability for malice or bad faith: a. Extends to natural consequences even if they exceed the debtors expectations. b. Extends only to results intended but excluding exemplary damages. c. Is demandable in all obligations but may be renounced in advance. d. Extends not only to results intended but also to their foreseen consequences. 46. Extinguishes the obligation upon the happening of the condition: a. Resolutory c. pure b. Suspensive d. none of the above 47. Extinguishments of debt may be made by creditor either verbally or in writing: a. Partial payment c. Express remission b. Implied remission d. none of the above 48. In contracts and quasi-contracts, the liability of the debtor who acted in good faith: a. Extends to all natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. b. Extends only results intended but excluding exemplary damages. c. Extends to all damages which may be reasonably attributed to the nonperformance of the obligation. d. Extends to all damages which may be renounced in advance. 49. In delicts and quasi-delicts, the defendant shall be liable for: a. Damages which are natural and probable consequences of the act or omission complained of whether or not such damages have been foreseen or could have reasonably been foreseen by the offender. b. Not only for results intended but also to their foreseen consequences. c. Damages which may be renounced in advance. d. Damages intended but excluding exemplary damages. 50. The creditor is entitled to recover damages and interest in addition to the penalty stipulated: a. When the parties so agreed. b. When the debtor refuses to pay the penalty. c. When the debtor is guilty of fraud in the fulfillment of the obligation.

d. All of the above 51. Which of the following is not a ground for the extinguishment of an obligation? a. Remission b. Merger c. Compensation d. Death of either debtor or creditor e. None of the above 52. The indemnity or compensation in money which the laws gives to the injured party for the breach of a contract or a duty is called: a. Damages c. injury b. Damage d. none of the above 53. The wrongful act or tort which causes loss or harm to another is called: a. Damages c. injury b. Damage d. none of the above 54. The loss or harm suffered by one person on his property is called: a. Damages c. injury b. Damage d. none of the above 55. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Pure d. simple b. Conditional e. none of the above c. With a period 56. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. This refers to: a. Divisible and indivisible b. Joint and solidary obligations c. Obligations with a period d. Pure obligation 57. This mode of extinguishment of obligations shall take place when two persons, in their own rights, are creditors and debtors of each other. a. Compensation b. Condonation or remission of debt c. Confusion or Merger of Rights d. Novation 58. When there is a return of what was not lawfully required, there is: a. Solution indebti b. Negotiorum gestio c. Cession en pago d. None of the above 59. Consignation alone shall give rise to the extinguishment of an obligation, EXCEPT: a. When the creditor is absent or unknown, or does not appear at the place of payment. b. When he is incapacitated to receive the payment at the time it is due. c. When two or more persons claim the same right to collect.

d. When the title of the obligation has been lost. e. None of the above 60. Obligations may be modified by: a. Changing their object or principal conditions. b. Substituting the person of the debtor. c. Subrogating a third person in the rights of the creditor. d. All of the above. 61. The following are causes vitiating consent, EXCEPT: a. Violence c. Fraud b. Intimidation d. None of the above c. mistake 62. Remission is: a. Essentially gratuitous c. Absolutely gratuitous b. Naturally gratuitous d. none of the above 63. Statement No. 1: The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value or more valuable than that which is due. Statement No. 2: In dation in payment, ownership of the thing delivered is transferred to convert the property into cash and out of the proceeds to extinguish the obligation partially. a. Both are true b. Both are false c. No. 1 is true, No. 2 is false d. No. 1 is false, No. 2 is true 64. Effect of the loss of the thing in a facultative obligation. Which is incorrect? a. Before substitution: if the principal thing is lost due to fortuitous event, there is no more obligation. b. Before substitution: if the substitute thing is lost due to debtors fault, there is no more obligation. c. After substitution, if the principal thing is lost, the debtor is no longer liable even if it was lost due to his fault. d. None of the above. 65. On October 4, 1997, A is indebted to B for P50,000 for a 20-day period. A proposed to B that X will pay As debt, and that A will be free from all liabilities. B and X agree to the proposal. On October 25, 1997, when B tries to collect from X, he finds that X is insolvent. At the time of delegation, X was already insolvent but this was not known to A. The insolvency is not public knowledge. So B sues A on the ground that it was A who made the proposal and that A really guaranteed Xs solvency. Decide: a. A is liable because he is presumed to have guaranteed Xs solvency. b. A is not liable, because A does not know the insolvency of X at the time of delegation and neither was the insolvency of public knowledge. c. A is liable because he did not exercise due diligence in determining the insolvency of X.

d. A is liable because X agreed to the proposal to make himself solidarily liable for the obligation. 66. D1 and D2 are joint debtors of C1, C2,C3 and C4, solidary creditors to the amount of P1,000. How much can C3 collect from D1? a. 500 c. 250 b. 1,000 d. 125 67. D1 and D2 are solidary debtors of C1, C2,C3 and C4, joint creditors to the amount of P1,000. How much can C3 collect from D1? a. 500 c. 250 b. 1,000 d. 125 68. Contract with a false cause is: a. Voidable c. stolen or robbed b. Void d. All of the above 69. A thing is considered lost when it: a. Perishes c. stolen or robbed b. Goes out of commerce d. all of the above 70. The debtor who cedes or assigns his property to his creditor in payment of his debt shall be released from his obligation. a. To the extent of the net proceeds of the thing leased. b. To the extent allowed by the creditor. c. Only to the extent of the net proceeds of the thing assigned. d. Totally extinguished under dation in payment. 71. Assignment or abandonment of all the properties of the debtor for the benefit of his creditor in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of his credits: a. Remission b. Expromission c. Payment by cession d. All of the above. 72. Obligation which is susceptible of partial performance based on the purpose of the obligation: a. Solidary c. Joint b. Divisible d. None of the above 73. Payment of the obligation by a solidary debtor shall not entitle him to reimbursement from his co- debtors a. If such payment was made before the obligation is due. b. If such payment was made after the obligation has prescribed or become illegal. c. If such payment was made in compliance with the demand made to him by all creditors. d. If such payment was made after the obligation has become due demandable and notice of payment was made only to him. 74. Statement No. 1: When the fulfillment of the suspensive or resolutory condition depends upon the sole will of the debtor, the conditional obligation shall be void.

Statement No. 2: If the original obligation is subject to a suspensive or resolutory condition and the contract is novated the new obligation shall be under the same conditions unless otherwise stipulated. a. Both are true. b. Both are false. c. No. 1 is true, No. 2 is false d. No.1 is false, no. 2 is true 75. Acceptance of a commercial document is equivalent to payment when a. The check has been cashed. b. The check became valueless due to the creditors fault. c. Creditor is in estoppels. d. All of the above. 76. A is obliged to give B his only car on September 1, 1997. On the said date, a did not deliver. On September 2, 1997, an earthquake completely destroyed the car. Is A is liable? a. No. Considering that no demand to deliver was made by B and the specific thing was lost due to fortuitous event, the obligation is extinguished. b. No. The obligation is extinguished, even if the debtor is already in default because the debtor can plead impossibility of performance. c. Yes. A is already in legal delay, thus the obligation to deliver the lost specific thing is converted into monetary claim. d. Yes. The creditor can instead demand for a substitute of equivalent value from the debtor. 77. On June 1,1997, S sold to B the formers horse for P10,000. S promised to deliver on June 25,1997, while B did not promise when to pay. a. B can demand delivery from S anytime after June 1, upon payment of the price of the sale. b. S cannot demand payment until he delivers the horse. c. Obligation of B to pay is subject to the condition that S will deliver the horse. d. S can demand from B payment anytime from June 1, because Bs obligation is not subject to any condition. 78. Example No. 1: D owes C P10,000 due on December 25. C owes D P6,000 due on December 25. Ds obligation is guaranteed by G. on the due date D is insolvent. G is liable to C for P10,000, he (G) cannot set up compensation because he is not a principal debtor. Example No. 2: D owes C P10,000 payable on December 25. Later, D through intimidation, was able to make C sign a promissory note stating that C is indebted to D for the same amount. In here, D cannot be required to pay C P10,000 because he (D) can set up compensation against C. a. Both examples are true. b. Both are false. c. Only No. 1 is true, No. 2 is false d. Only No.1 is false, no. 2 is true

79. A sold to B the formers horse for P5,000. No date is fixed by the parties for the performance of their respective obligations. The obligation of A is: a. To deliver the horse immediately as there is a perfected contract. b. To deliver the horse upon the payment of B of P5,000. c. To deliver the horse within a reasonable time of two months from the contract date d. To rescind the contract as there is no time fixed for the delivery and payment. 80. The act of abandoning or transferring all the debtors property to his creditors so that the creditors may sell them, and out of its net proceeds, to recover their claims is called: a. Dacion en pago b. Payment by cession c. Tender of payment and consignation d. Remission 81. The substitution or charge of an obligation by a subsequent one which extinguishes or modifies the first, either by changing the object or principal conditions, or by substituting the person of the debtor, rights subrogating a third person in the rights of the creditor is called: a. Commodatum c. Merger b. Compensation d. Novation 82. X obliged himself to give to Y his brand new Rolex watch if the latter cannot make a crcle that is at the same time a square. a. The obligation is an unenforceable because the condition is immoral. b. The condition is void because of the positive impossible condition. c. The obligation is valid because the impossible condition is negative. d. The obligation is void, not enforceable. 83. Which of the following is an obligation with a period for the benefit of the debtor? a. An obligation payable little by little. b. An obligation payable when the debtors means permit him to do so. c. An obligation payable within 2 years on demand. d. Obligation payable soonest. e. An obligation payable on or before December 25, 1997. 84. In tender and consignation: if after consignation is made, the creditor allows the debtor to withdraw the thing deposited in court, which of the following statements is incorrect? a. Co-debtors, guarantors, and sureties are released from the obligation unless they consented. b. The obligation remains to subsist. c. The obligation is extinguished. d. None of the above. 85. A-1 and A-2 are solidary debtors of B-1, B-2 and B-3, joint creditors in the amount of P90,000. How much can B-3 collect from A-2. a. B-3 could collect P30,000 from A-2. b. B-3 could collect P90,000 from A-2 and give P30,000, each to B-1 and B-2. c. B-3 could collect P45,000 from A-2 and give P13,000, each to B-1 and B-2.

d. B-3 could collect P15,000 from A-2 and P13,000 from A-1. 86. In three of the following enumerations, the proper remedy is reformation of the instrument. Which is the exception? a. If mistake, fraud, inequitable conduct or accident has prevented the meeting of the minds of the contracting parties. b. If the true intention of the contracting parties is not expressed in the instrument purporting to embody the agreement by reason of mistake, fraud, inequitable conduct or accident. c. If the mutual mistake of the parties causes the failure of the instrument to disclose their real agreement. d. If one party is mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention. 87. Statement No. 1: the giving of negotiable check in payment of debt, accepted by the creditor, is equivalent to payment. Statement No.2: in case extra-ordinary inflation should supervene, the basis of payment is the value of the obligation at the time the obligation was constituted. a. Both are true. b. Both are false. c. No. 1 is true, No. 2 is false d. No.1 is false, no. 2 is true 88. Statement No. 1: in solution indebiti, the contract of the parties is the basis for damages in case of non-performance. Statement No.2: Dolo as a ground for awarding damages, is the deliberate intention to cause damage or injury to another person. a. Both are true. b. Both are false. c. No. 1 is true, No. 2 is false d. No.1 is false, no. 2 is true 89. In which of these cases is advanced payment recoverable by the debtor? a. If the payment is only of interest credited for the proper period. b. If the debtor voluntarily paid the obligation knowing that it is not yet due and demandable. c. If the debtor was unaware of the period. d. If the obligation is reciprocal and both parties advanced payment. 90. A judicial relation known as Negotiorum Gestio takes place. a. When a person voluntarily takes charge of anothers abandoned business or property without the owners consent. b. When something is received and there is no right to demand it and it was delivered through mistake. c. When a person is appointed by a court to take the property or business of another. d. None of the above.

91. A owes B P2,000 demandable and due on September 10,1997. B, on the other hand, owes A P2,000 demandable and due on or before September 30,1997. If B claims compensation on September 10,1997, can A rightfully oppose? a. No. B, who was giving the benefit of the term, may claim compensation because he could then choose to pay his debt on September 10,1997 which actually on or before September 30,1997. b. Yes. A can properly oppose because for compensation to take place, mutual consent of both parties is necessary. c. Yes. A can properly oppose and if B still refuse to accept his payment made on September 30,1997, A can deposit his payment in court. d. None of the above. 92. Mr. Debtor owes Mr. Creditor who has two (2) legitimate emancipated children, P50,000 payable on December 31,1997. a. If Mr. Debtor dies before December 31,1997, Mr. Creditor cannot collect from the heirs of Mr. Debtor. b. If Mr. Debtor dies before December 31,1997, Mr. Creditor can collect from the heirs of Mr. Debtor. c. If Mr. Creditor dies his two (2) legitimate emancipated children cannot recover from Mr. Debtor his obligation. d. If both Mr. Debtor and Mr. Creditor die, the heirs of Mr. Creditor can collect from the heirs of Mr. Debtor. 93. A and B are solidary debtors of X and Y , solidary creditors to the amount of P4,000 . on the due date X renounced in favor of A the entire oblgation. Which of the following is correct? a. B shall give A P2,000. b. Y can still collect from A or B P2,000. c. Y can collect from X P2,000. d. Any of the three e. None of the above 94. A owes B P5,000. C is the guarantor of A. A was able to pay B P3,000, thus leaving P2,000 unpaid. X, against the will of A and without the knowledge of partial payment made by A, paid B the sum of P5,000. How does this payment affect the obligation? a. The obligation is extinguished. X, however, cannot recover any amount from A since the payment was made against the will of A. Instead, X can demand payment from C, the guarantor, to the amount P5,000. b. The obligation is extinguished. X, however, can demand only P2,000 from A as this is the amount which benefited A. if A cannot pay , X, having been subrogated into the rights of B can proceed against guarantor C. c. The obligation is extinguished. X can demand P2,000 from A, but if A cannot pay, X cannot ordinarily proceed against guarantor C because having paid against the will of A, X is not entitled to subrogation. d. Xs payment, having been made against the will of A does not extinguish the obligation. 95. The officious manager or gestor is liable for any fortuitous event, EXCEPT:

a. If he has undertaken risky operations which the owner was accustomed to embark upon. b. If he has preferred his own interest to that of the owner. c. If he fails to return the property or business after demand by the owner. d. None of the above. 96. A tie or juridical relation, which, by virtue of a payment of what is not due, made through mistake, is created between the person who paid and the one who received the payment, compelling the latter, in consequence thereof, to return what he has received: a. Solution indebti b. Natural obligation c. Civil obligation d. Moral obligation e. None of the above. 97. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of the: a. Debtor c. Both the creditor and the debtor b. Creditor d. none of the above 98. The debtor shall lose every right to make use of the period EXCEPT: a. When after the obligation has been constituted he becomes insolvent, unless he gives a guaranty or security of the debt. b. When he does not furnish a guaranty or security to the creditor. c. When the debtor attempts to abscond. d. When the debtor violates any undertaking in consideration of which the creditor agreed to the period. e. None of the above. 99. An obligation wherein various things are due, but the payment of one of them is sufficient to extinguish the obligation is called: a. Simple obligation b. Alternative obligation c. Conjoint obligation d. Facultative obligation 100. Which of the following is not a ground for the payment of damages? a. Fraud or dolo b. Negligence or culpa c. Delay or mora d. Contravention of the tenor of he agreement e. None of the above.