OBLIGATIONS AND CONTRACTS

1. It is a principle which holds that contracts must be binding to both parties and its
validity and effectivity can never be left to the will of one of the parties.
a)
b)
c)
d)

Obligatory force of contracts

Mutuality of contracts
Autonomy of contracts
Relativity of contracts

2. This refers to the rule which holds that the freedom of the parties to contract
includes the freedom to stipulate, provided the stipulations thereof are not
contrary to law, morals, good customs, public order or public policy.
a)
b)
c)
d)

Obligatory force of contracts

Mutuality of contracts
Autonomy of contracts
Relativity of contracts

3. Gwen, Nyn and Elayne bound themselves solidarily to pay Lan the sum of P5M.
When the obligation became due and demandable, Lan sued Gwen for the
payment of P5M. Gwen moved to dismiss on the ground that there was failure to
implead his solidary co-debtors, who are indispensable parties to the case. Will
the motion to dismiss prosper? Why?
a) Yes, because Nyn and Elayne should have been impleaded as their obligation
is solidary.
b) No, because Lan may proceed against either Gwen, Nyn or Elayne or
some or all of them simultaneously.
c) No, because in solidary obligations, any one of the solidary debtors can pay
the entire debt.
d) Yes, because Nyn and Elayne will be unduly enriched at the expense of
Gwen.
4. The University of Mindanao promised to give P1M to any of their barristers who
will top the 2014 Bar Exam. A week before the release of the bar exam results, a
big fire ravaged the university, destroying its properties, including the vault where
the P1M allotment is kept. During the release of the bar exam results, Clark, a
UM barrister emerged as the second placer. Can Clark demand the P1M from
UM?
a) No, because the money was lost without UMs fault, hence the obligation is
extinguished.
b) No, Clark cannot demand the entire P1M from UM, but can only ask for
damages.

c) Yes, because the money here is generic and its loss does not extinguish
the obligation.
d) Yes, because the obligation to give on the part of UM was not extinguished by
the happening of a fortuitous event.
5. Arya, is indebted to Auri in the amount of P50,000.00. When Arya was asked to
pay her obligation, she said to Auri: I will pay you when I have money. Her
obligation is deemed as:
a)
b)
c)
d)

One with a period

One with a suspensive condition
One with a resolutory condition
Demandable at once

6. As a general rule, demand is needed to put a debtor in default. Which among the
following is an exception to this general rule?
a)
b)
c)
d)

When there is delay

When parties agreed that demand is needed
When time is of the essence of the contract
None of the above

7. The following are the duties of a debtor/obligor in an obligation to give a

determinate thing, except:
a) To deliver the thing itself
b) To take care of the thing with the utmost diligence of a very cautious
person
c) To deliver the fruits, accessories and accessions
d) To answer for damages
8. It is a conduct that may consist of giving, doing, or not doing something.
a)
b)
c)
d)

Obligation
Juridical necessity
Prestation
Contract

9. When the consent of one of the parties is vitiated, the contract is:
a)
b)
c)
d)

Voidable
Rescissible
Void
Unenforceable

10. The following are void contracts except:

a)
b)
c)
d)

Pactum comissorium
Pactum de non alienado
Pactum leonina
Pacto de retro