On January 10, 2021, D obliged to deliver a specific cow named “Holy Cow” to C if the latter will pass the CPA Board Exam. On February 14, 2021, “Holy Cow” gave birth to a young named “Cowy”. On May 31, 2021, C passed the CPA Board Exam. “Holy Cow” gained additional weight of 50 kilograms from January 10, 2021 to May 31, 2021 by reason of its volition of eating the grass. Who shall be entitled to “Cowy” and the additional weight of “Holy Cow” of 50 kilograms, respectively?
a. Both D
b. Both C
c. D and C, respectively
d. C and D, respectively
a. Both D
b. Both C
c. D and C, respectively
d. C and D, respectively
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 that the obligation of one is dependent upon the obligation of the other.
Anonymous Quiz
7%
Unilateral obligation
22%
Bilateral obligation
66%
Reciprocal obligation
5%
Aleatory obligation
In case of breach of reciprocal obligation, what remedies may be availed by the injured party?
Anonymous Quiz
17%
Action for Exact Fulfillment of Obligation or Specific Performance of Obligation plus Damages
18%
Action for Rescission of Obligation or Cancellation of Obligation plus Damages
61%
Either a or b
5%
Neither a nor b
A and B entered into a contract of barter of A’s specific car and B’s specific bike. A delivered his specific car to B but the latter failed to deliver the specific bike due to undisclosed reason. Which of the following statements is incorrect?
a. If A initially opted for exact fulfillment plus damages, he will be absolutely prohibited from subsequently asking for rescission plus damages.
b. If A initially opted for rescission plus damages, he will be absolutely prohibited from subsequently asking exact fulfillment plus damages.
c. Both a and b
d. Neither a nor b
a. If A initially opted for exact fulfillment plus damages, he will be absolutely prohibited from subsequently asking for rescission plus damages.
b. If A initially opted for rescission plus damages, he will be absolutely prohibited from subsequently asking exact fulfillment plus damages.
c. Both a and b
d. Neither a nor b
Which of the following principles about reciprocal obligations is incorrect?
a. The court shall decree the rescission of reciprocal obligations claimed, unless there is just cause authorizing the fixing of a period of the reciprocal obligations.
b. In case both parties have committed a breach of the reciprocal obligations, the liability of the first infractor shall be equitably tempered by the courts.
c. If it cannot be determined which of the parties first violated the contract involving reciprocal obligations, the contract shall be deemed extinguished, and each shall bear his own damages.
d. None of the above
a. The court shall decree the rescission of reciprocal obligations claimed, unless there is just cause authorizing the fixing of a period of the reciprocal obligations.
b. In case both parties have committed a breach of the reciprocal obligations, the liability of the first infractor shall be equitably tempered by the courts.
c. If it cannot be determined which of the parties first violated the contract involving reciprocal obligations, the contract shall be deemed extinguished, and each shall bear his own damages.
d. None of the above
Which of the following may be classified as a past event?
Anonymous Quiz
31%
Condition
21%
Period
10%
Both a and b
39%
Neither a nor b
Which of the following obligations is considered with a resolutory period?
Anonymous Quiz
52%
Obligation in diem
28%
Obligation ex die
15%
Obligation when debtor’s means permits him to do so
4%
Obligation payable as soon as possible
D borrowed P10,000 cash from C. The deed of loan signed by D and C provides that D will pay his P10,000 obligation when his means permits him to do so. What is the legal remedy available to C about this loan
Anonymous Quiz
6%
File a civil action to collect a sum of money
83%
File a petition to ask the court to fix the period
7%
File an action for exact fulfillment
3%
File an action for declaration of nullity of obligation
In the absence of agreement between the debtor and creditor, what is the rebuttable presumption of law as to whose benefit is the period of an obligation established?
Anonymous Quiz
15%
In favor of the debtor
21%
In favor of the creditor
60%
In favor of both the debtor and creditor
3%
In favor of the state
In which of the following instances shall the obligation with a suspensive period becomes due and demandable?
Anonymous Quiz
19%
The debtor becomes insolvent and he does give a guaranty or security for the debt.
22%
When through a fortuitous event the guaranties or securities after their establishment were impaired
45%
When the debtor has already absconded
14%
None of the above
Which of the following instances will not make obligation with a suspensive period due and demandable?
a. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period.
b. When the debtor does not furnish to the creditor the guaranties or securities which he has promised.
c. When by debtor’s own acts he has impaired or destroyed said guaranties or securities after their establishment, unless he immediately gives new one equally satisfactory.
d. When the debtor and creditor agreed to the refinancing of the loan or grant of grace period for the payment of the defaulted interest or installment of the loan
a. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period.
b. When the debtor does not furnish to the creditor the guaranties or securities which he has promised.
c. When by debtor’s own acts he has impaired or destroyed said guaranties or securities after their establishment, unless he immediately gives new one equally satisfactory.
d. When the debtor and creditor agreed to the refinancing of the loan or grant of grace period for the payment of the defaulted interest or installment of the loan
D has an obligation to deliver a specific cellphone, a specific tablet and a specific laptop to C. What type of obligation is present above?
Anonymous Quiz
16%
Alternative obligation
57%
Conjuctive obligation
25%
Facultative obligation
3%
None of the above
D has an obligation to deliver a specific car to C but D reserved the right to substitute a specific bike as the prestation. Who has the right of choice in this obligation?
Anonymous Quiz
33%
Always Debtor
7%
Always Creditor
45%
Generally Debtor unless expressly granted to Creditor
16%
Generally Creditor unless expressly granted to Debtor
In alternative obligation, who has the right choice?
Anonymous Quiz
16%
Always debtor
11%
Always creditor
62%
Generally debtor unless expressly granted to creditor
10%
Generally creditor unless expressly granted to debtor
D has an obligation to deliver a specific laptop to C but D may instead substitute a specific cellphone as the prestation. Which of the following statements is correct?
Anonymous Quiz
19%
If the said laptop is destroyed by D before the substitution, the obligation of D is extinguished.
20%
If the cellphone is loss due to fortuitous event after the substitution, the obligation of D remains
22%
If the laptop is loss due to the fault of D after the substitution, D shall be liable for damages
40%
If the said laptop is loss due to fortuitous event after the substitution, D is still liable to C.