MULTIPLE CHOICE:

1. Statement 1: Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for future fraud is void.
Statement 2: Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for past fraud is void.
a. Both statements are true.
b. Both statements are false.
c. No. 1 is false. No. 2 is true.
d. No 1 is true. No. 2 is false.

2. Statement 1: A obliged herself to give B a specific car tomorrow. If A failed to deliver to B

tomorrow after demand is made, B may compel A to do her obligation and may ask for damages.
Statement 2: A obliged herself to give B a specific car tomorrow. If A failed to deliver to B
tomorrow after demand is made, B’s right is to ask a third person to deliver a car to him at the
expense of the damages.
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.

3. Which of the following is considered a quasi-contract?

a. Solutio Indebiti
b. Voluntary management of the property or affairs of another without knowing the consent of the
latter.
c. Payment by mistake
d. All of the above
e. None of the Above

4. Statement 1: The receipt of the principal obligation without reservation as to the payment of
interest shall raise a conclusive presumption that the interest is also paid.
Statement 2: The receipt of the latter installments of a debt without reservation as to prior
installment, shall raise a conclusive presumption that the prior installment is also paid.
a. Both are true.
b. Both are false.
c. No. 1 is false. No. 2 is true.
d. No 1 is true. No. 2 is false.

5. Which of the following is not a requisite of Law in strict legal sense?

a. Obligatory
b. Promulgated by the Executive Department
c. Common Observance
d. Rule of Action
e. All of the above

6. Which of the following is not a law?

a. Constitution
b. Executive Order

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 7. The debtor is considered to be in default after there has been a judicial or extrajudicial demand
except:
a. By provision of law
b. When stipulated by the parties
c. Demand would be useless
d. When time is of the essence
e. All of the Above
f. None of the Above

8. A juridical relation known as “Negotorium Gestio” takes place

a. When a person voluntarily takes charge of another’s abandoned business or property with the
owner’s 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 the court to take the property or business of another
d. None of the Above
e. All of the Above

9. Which of the following is not a generic obligation?

a. Obligation to pay P500
b. Obligation to deliver a 2019 Toyota Vios with a Plate Number AAA-1234
c. Obligation to deliver 50 cavans of rice from Tarlac Rice
d. Obligation to deliver a 2019 Starbucks Planner

10. The following are requisites for the application of fortuitous event under Article 1174, except:
a. The event must be independent of the human will
b. The event could not be foreseen
c. The Debtor must be free from any contributory negligence
d. The Debtor must exercise diligence of a good father of the family
e. The event rendered the performance impossible
f. None of the above

11. The following are the remedies available to the creditors for the satisfaction of their obligation
except:
a. Exact fulfillment
b. Levy of property
c. Accion Subragatoria
d. Rescissory Action
e. None of the Above

12. Not a source of damages

a. Negligence
b. Causal Fraud
c. Incidental Fraud
d. Breach
e. Default
f. None of the Above

13. The delay on the part of the creditor to accept the performance of an obligation:
a. mora solvendi
b. mora accipiendi
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 c. compensation morae
d. culpa aquiliana

14. The buyer has the real right to the fruits of the thing from?
a. the time the things is to be delivered
b. the time the contract is perfected
c. the time the obligation is to be performed
d. the time the fruits are delivered

15. Source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate
authorities for common good, benefit and observance
a. contracts
b. law

16. The following are requisites for the application of fortuitous event in order to exempt the debtor
from any liability, except:
a. The event must be independent of the will of the debtor
b. The event must cannot be foreseen or through foreseen is inevitable
c. It renders the impossibility of the fulfillment of the obligation
d. The debtor has not in any way liable for contributory negligence
e. None of the Above
f. All of the Above

17. The following does not exempt the debtor from the happening of the fortuitous event, except:
a. Obligation to deliver a generic thing
b. Obligation arises from crimes
c. Debtor was in ordinary delay
d. By nature of the obligation which requires the assumption of risk
e. None of the Above
f. All of the Above

18. Which of the following is not the delay contemplated under Article 1169 of the New Civil Code?
a. Mora Accipiendi
b. Mora Solvendi ex re
c. Mora Solvendi ex persona
d. Compensation Morae
e. None of the Above
f. All of the Above

19. The following are requisites for Quasi-Delict, except:

a. Fault
b. Act of Omission
c. Default
d. Damager
e. All of the Above
f. None of the Above

20. The following are the sources of obligation except:

a. Culpa Aquiliana
b. Culpa Criminal
c. Culpa Contractual
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 d. Delict
e. None of the Above
f. All of the Above

21. Statement 1: Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for fraud is void.
Statement 2: Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for negligence is valid.
a. Both statements are true.
b. Both statements are false.
c. No. 1 is false. No. 2 is true.
d. No 1 is true. No. 2 is false.

MODIFIED TRUE OR FALSE

Quasi-contract 1. Solutio Indebiti is a contract.
Natural obligation 2. In civil obligations, the fulfillment of the obligation depends solely on the
conscience of the person.
Mora Solvendi 3. Mora Accipiendi is a source of damages.
To be delivered 4. As a rule, the creditor has a right to the fruits of the thing from the time the
obligation is perfected.
Efficient Cause 5. Prestation is the legal or juridical tie, which binds the parties to the obligation.
Diligence of a good father of a family 6. Every person obliged to give something is also obliged to take care
of it with extraordinary diligence.
True 7. Incidental Fraud is a source of damages.
True 8. There is no delay in an obligation not to do something.
Natural Law 9. Moral Law pertains to the law of the conscience.
Determinate thing 10. The obligation to give an indeterminate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned in the agreement.

True 11. Prestation is the object of the obligation.

Incidental Fraud 12. Causal Fraud is a source of damage.
No. 905 13. Monetary Board No. 906 suspended the application of Usury Law.
True 14. A doorknob is an example of an accessory.
Personal Right 15. Real Right is a kind of right directed to a specific third person.

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 DEFINITION OF TERMS

Factors Culpa Criminal Culpa Aquiliana

Interest Involved Public Private
Purpose to punish (penal) Indemnification for damages
Evidence guilty beyond reasonable doubt preponderance of evidence
Liability civil and criminal civil
Intention prove intent no intention

Factors Fraud Negligence

Proof Proven Presumed
Intention Intentional Unintentional
Waiver Past: can be waived; Both past and future can be
Future: cannot be waived waived
Mitigation of Liability there is no mitigation there is a mitigation
Reduction by Courts cannot be reduced can be reduced

Factor Law Contract

Autonomy of Will no autonomy of will parties have the right to stipulate
Mutuality no mutuality there is mutuality

Factor Culpa Criminal Culpa Aquiliana

Kind of Source obligation obligation
Contractual Relationship no contractual relationship no contractual relationship
Proof proven presumed

Criteria Period Condition

Past Event Future event only Past and Future event
Certainty Certain Uncertain
Effect if in the Suspensive Demandability effectivity/efficacy
Condition/Period
Potestative still valid void
Retroactivity no retroactivity there is retroactivity

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 A. Can the parties agree to waive the observance of Diligence of a Good Father of a Family? Explain.
 No, the law clearly mentions that the thing must be preserved with the diligence of a good father of
a family, unless otherwise stipulated. In which case, the standard of care can be changed but
cannot be lowered. The parties can agree to change the diligence from the DGFF to an
extraordinary care.

B. Antonio is a security guard of Hermoso Security Agency assigned at the Tropical Campus SISC. One day,
Antonio shot and killed a suspected robber (Pattugalan) who was then climbing the wall going out of the
campus. However, it turned out that Pattugalan was merely participating in the Amazing Race of a known
school organization. Antonio was criminally charged with Homicide but the case was dismissed by the
RTC. For the expenses incurred in his defense, Antonio demanded reimbursement of all his legal expense
from Lanting Security Agency. Hermoso, General Manager of the Security Agency, refused to reimburse
the legal expenses. Antonio then filed an action for the recovery of the amount paid to his lawyers plus
moral damages. Decide.
 Obligations arising from law are not presumed. There is no obligation on the part of the employer
to reimburse for legal expenses because there is no law stating as such.

C. Shinigawa is a student of SISC. The Preliminary Examination in Southville is already forthcoming. Thus,
Shinigawa needs to raise an amount sufficient for payment of his tuition fees. Inspired by his classmate,
Shinigawa thought of engaging in the Buy and Sell of High Breed Monkeys “Tarsiers”. On 1 December
2018, Shinigawa agreed to deliver the high breed White Monkey to Almeria to be delivered on 15
December 2018. On 10 December 2018, the high breed white monkey of Shinigawa (named “Yu”) gave
birth to a baby monkey. Who has the right over “Yu”? Decide.
 Neither of them has the right over the baby monkey because it is illegal to engage in a buy and sell
of an exotic animal.

 The creditor is entitled to the fruits of the thing to be deliverd from the time the obligation to make
delivery arises.

D. In relation to the previous question, supposing that on 13 December 2018, a typhoon “Onggoy”
stormed the Philippines which caused massive flood in LPC. “Yu” was then found floating along the canals
of SISC. However, Almeria, upon seeing “Yu”, discovered the monkey drooling with saliva and smelled
toxins of “Baygon”. Shinagawa wants to exempt him from liability on account of the incident. Decide.
 The situation is useless.

 The storm is a fortuitous event…

E. Velasco booked a plane ticket with Mabuhay Mammathay Airlines for a trip to Timbuktu on a Christmas
get away under Piso Fare. However, on the day of her flight on 14 December 2018, Velasco was not able to
take the flight due to overbooking by Mabuhay Mammathay Airlines. Velasco filed an action on account of
Quasi-delict against Mabuhay Mammathay Airlines. As a defense, the lawyer of the airlines moved for the
dismissal and alleged that there is no quasi-delict in the instant case as the plane ticket is considered a
contract on its own. Decide
 Although there is a pre-existing contractual relation between them, the cause of action was the fact
that the Airlines was negligent. Thus, the incident can be filed on the account of Quasi-delict.

F. If there was already a total lockdown, there is no need for you to demand because that particular place
cannot cater to the service. They are already in default, because they can no longer perform. That is why
there is no need for you to demand, because demand would be useless. You would not receive back your
reservation.
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