QUESTION ANSWER

which of the following is not an obligation contract

arising from law

When a thing is designated merely by its indeterminate thing

class or genus without any particular
designation or physical segregation from on
other of the same class

If something is received when there is no Solution Indebiti

right to demand it, and it was unduly
delivered through mistake, the obligation to
return it arises.

Three of the following are requisites of an Delivery

obligation. Which is the exemption

Whoever voluntarily takes charge of the Negotiorum gestio

agency or management of the business or
property of another without any power from
the latter, is obliged to continue the same until
the termination of the affair and its incident, or
to require the person concerned to substitute
him, if the owner is in the position to do so.

Obligations arising from contracts have the Obligatory force of contract and compliance
force of law between the contracting parties in good faith
and should be complied with the good father.
From perfection the parties are bound not
only to the fulfillment of what has been
expressly stipulated but also to all the
consequences which according to their
nature may be in keeping with good father
usage and law. This is known as the principle
of:

X has been missing for some time leaving no Both shall be solidarily liable
one to manage his properties. A and B jointly
took charge of the management thereof.
however due to the negligence of A, the
properties of X for damage shall be.

It is a juridical relation whereby a person may Obligation

demand from another the observe runs of a
determinative conduct and in case of breach,
may demand satisfaction from the asset of
the latter.
A wrong committed independent of a contract Culpa criminal
with criminal intent

D owns C 200,000 but the debt has already Natural obligation

prescribe if D, knowing that it has prescribe,
nevertheless paid C, hey cannot later on get
back what he voluntarily paid C. this is an
example of

It refers to the certain lawful voluntary and Quasi contract

unilateral acts to the end that no one should
be and justly enrich or benefited at the
expense of another

12 It did affairs to an up or omission which Quasi delict

causes damage to another, there being fault
or negligence. The parties has no pre-existing
contractual relation

There is no negotiorum gastro in one of this Both are true

instances:
l. when the property or business is not
neglected or abandoned.
ll. if in fact the manager has been the tacitly
authorized by the owner

When Al voluntarily take charge of the Negotiorum gestio

neglected business of Bo without the latter's
authority where the reimbursement must be
made for necessary and useful expenses,
there is a

A wrong committed independent of contract Culpa aquiliana

and without criminal intent is

It is a role of conduct, just, obligatory, Law

promulgated by legitimate authority, and of
common observants and benefit.

The obligation of the employer to pay death Law

benefits and funeral expenses for his
employee's death while in the course of
employment are sanctioned by the
Workmen's Compensation Act is one that
arises from

It is a plane or title to an interest in anything Right

whatsoever that is impossible by law.

It is one of the essential elements of an An object or prestation

obligation.
The following are the sources of an Prestation
obligation, except:

The three essential elements of a cause of The act or omission of the plaintiff in violation
action are the following, except: of said legal right.

Al has been missing for sometimes leaving Both shall be solidarily liable
no one to manage his properties. Bo and
Cyrus jointly to charge of the management
thereof. However, due to fault of Bo, the
properties of Al was damaged. The liability
therefore to all for damages shall be

l. An obligation "to do" includes all kinds of Both are true

work or service.
ll. An obligation "to give" is a restation which
consists in the delivery of the movable or an
immovable things

l. Negligence is the failure to observe that Both are true

degree of care, precaution, and vigilance that
the circumstances justly demand.
ll. Negligence is the failure to observe for the
protection of the interest of another person
that degree of care, precaution, and vigilance
which the circumstances justly demand,
whereby such other person suffers injury

In delict or up or omission punished by law, Interest

what is not included in civil liability

When X voluntarily takes charge of the Negotiorum gestio

neglected business of Y without the latter's
authority where reimbursement must be
made for the society and useful expenses,
there is a

l. The object of civil law is the redress of Both are true

wrong by compelling compensation or
restitution.
ll. in case of crimes, the main object of the
law is to punish the wrong doer

At this judicial necessity to give, to do, or not Obligation

to do

Daryl is the driver of the passenger bus which Culpa contractual

is old and operated by Osni. While Daryl is
driving said bus, It met I'm accident through
his negligence where Prots, a passenger was
injured. Daryl is liable to Prots for a damages
which arises from

When a thing is particularly designated or Specific thing

physically segregated from all others of the
same class.

A system of norms or rules of a character Civil law

general and common which regulate the
relation of persons individual or collective and
which protects the person in his personality
as well as his interest both moral and
patrimonial

The officious manager or gestor is liable for If he was under thinking Christy operations
any fortuitous event except which the older was accustomed to embark
upon

Culpa aquiliana as distinguished from culpa The source of liability is the defendan’ts
contractual negligent act or omission itself.

Obligation of the debtor to deliver a thing, Obligation to give

movable or immovable, to the creaditor

l. An obligation is a power, privilege, or Only ll is true

immunity guaranteed under a construction,
statute or decisional law or recognized as a
result of long usage, constitutive of a legally
enforceable claim of one person against the
other.

ll. For every right enjoyed by any person,

there is a corresponding obligation on the
part of another person to respect such right.

A juridical relation known as Negotiorum When a person voluntarily take charge of

gestio takes place. another's abandoned Business or property
without the owner's consent.

All of the following except one are civil imprisonment

liabilities arising from crime.

daryl own Chris 100 pesos by mistake daryl Solutio indebiti

pays Chris 1,000 pesos chris return the 900
pesos. this is an example of

X by mistake delivered to A and B a sum of A and B shall be liable solidarily

money which should have been deliver to C
and D. X now demand the return of the same
from A and B. The liability of the latter for the
sum of money to which they are not entitled
shall be

Which of the following is not considered as None of the above

Quasi Contract

The duty not to recover what has been Natural obligation

voluntarily paid although payment was no
longer required

l. Obligation to do is also known as negative both are false

personal obligation.

ll. Obligation not to do is otherwise known as

positive personal obligation

a civil liability which involve the return of the restitution

object of the crime whenever possible, plus
allowances for any deterioration or diminution
of values as may be determined by the court
to the rightful owner

which of the following is not considered as When in fact manager has been tacity
quasi contract authorized by the owner

the following are essential elements of an presentation

obligation except

it the act or the omission by which a party cause of action

violates a right of another

it is one by which a party sues another for the civil action

enforcement or protection of a right or the
prevention or redress of a wrong

the following a requisite of a quasi-delict damage suffered by defendant

accept

It is a meeting of minds between two persons contracts

whereby one bind himself, with respect to the
other, to give something or to render some
service

a mango tree in the land of osni is reclining quasi delict

towards the road. all of a sudden without a
storm or an earthquake or even strong wind,
the tree fell hitting a car belonging to Yassie
causing a 20,000 damage. the liability of
Osni to Yassie arises from
 QUESTION ANSWER

Under Article 1163, unless the law or the diligence of a good father of a family
stipulation of the parties requires another
standard of care, every person obliged to giv
e something is also obliged to take care of it
with

Cha Yu-Ri obliged herself to deliver a mother pig only.

determinate pig to Jo Gang-Hwa on
December 31, 2019. When the date of the
delivery of the pig arrived, the pig has already
seven offsprings. The seven offsprings was
born before the obligation to deliver the pig
has arisen and Jo Gang-Hwa has not yet paid
the purchase price. Cha Yu-Ri should deliver
the

I. If a person obliged to do something fails to Both are true

do it, the same shall be executed at his cost.
II. II. The same rule shall be observed if he
does it in contravention of the tenor of the
obligation.

The following statements explain negligence, It is expected from, and ordinarily exercised
except: by, a person who seeks to satisfy a legal
requirement or to discharge an obligation.

Default on the part of both parties because Compensatio morae

neither has completed their part in their
reciprocal obligation.

The object thereof is designated merely by its Generic thing

class or genus without any particular
designation or physical segregation from all
others of the same class.

l. In compensatio morae, the parties cancel Both are true

out the effects of default, such that it is as if
no one is guilty of delay.

II. In reciprocal obligations, as in a contract

of sale, the general rule is that the fulfillment
of the parties’ respective obligations should
be simultaneous.

I. When the plaintiff’s own negligence was not Only II is true

the immediate and proximate cause of his
injury, he cannot recover damages.
II. If the plaintiff’s negligence was only
contributory, the immediate and proximate
cause of the injury being the defendant’s lack
of due care, the plaintiff may
recoverdamages, but the courts shall mitigate
the damages to be awarded.

I. It is presumed that a person driving a motor Both are true

vehicle has been negligent if at the time of
the mishap, he was violating any traffic
regulations.

II. The Civil Code characterizes negligence

as the omission of that diligence required by
the nature of the obligation and corresponds
with the circumstances of the persons,of the
time and of the place.

It is the power belonging to a person over a Real Right

specific thing, without a passive subject
individually determined, against whom such
right may be personally exercised.

I. When an employee causes damage due to Only II is true

his own negligence while performing his own
duties, there arises the presumption that his
employer is negligent, rebuttable only by
proof of observance of the extraordinary
diligence.

II. In the selection of prospective employees,

employers are required to examine their
employees as t their qualifications,
experience, and service records.

When does delay begins? Delay begins from the time the obligee
judicially or extrajudicially demands from the
obligor the performance of the obligation.

Delay begins from the time the obligee Diligence of a good father of a family
judicially or extrajudicially demands from the
obligor the performance of the obligation.

I. If the object of obligation is a generic thing, Both are true

the loss or destruction of anything of the
same kind even without the debtor’s fault and
before he has incurred in delay will not have
the effect of extinguishing the obligation.

II. An obligation to pay money is generic.

I. When what is to be delivered is a generic Both are false
thing, the creditor may compel the debtor to
make the delivery.

II. If the thing to be delivered is a determinate

thing, the creditor may ask that the obligation
be complied with at the expense of the
debtor.

Under Article 1164, the creditor has a right to the time the obligation to deliver the thing
the fruits of the thing from arises.

Which of the following is not a requisite of That the debtor defaulted on maturity date of
default? the obligation.

These are the spontaneous products of the Natural fruits

soil, and the young and other products of
animal.

A thing is determinate when it is particularly Specific thing

designated or physically segregated from all
other of the same class.

It is the power of one person to demand of Personal right

another, as a definite passive subject, the
fulfillment of a prestation to give, to do, or not
to do.

Which of the following is not an obligation of To take care of the thing extraordinary
the debtor in specific real obligation? diligence.

Are those which arise from the same cause, Reciprocal obligation
and which each party is a debtor and a
creditor of the other, such that the obligations
of one is dependent upon the obligation of the
other?

These are produced by lands of any kind Industrial fruits

through cultivation or labor.

In the following instances, demand is not In unilateral obligation

necessary, except

It signifies all of those things which have for Accessories

their object the embellishment, use or
preservation of another thing which is more
important and to which they are not
incorporated or attached.

Delay of the oblige or creditor to accept the Mora accipiendi

delivery of the thing which is the object of the
obligation.

Extreme care that a person of unusual Extraordinary diligence

prudence exercise to secure rights or
property.

Which of the following is a determinate thing? A Toyota Fortuner with Plate No. SJB 349

It signifies all of those things which are Accessions

produced by the thing which is the object of
the obligation as well as all of those which are
naturally or artificially attached thereto.

I. Mere delinquency in payment does not Both are true

necessarily mean delay in the legal concept.

II. Default generally begins from the moment

the creditor demands the performance of the
obligation.

When the amount is known or is determinable Debt is liquidated

by inspection of the terms and conditions of
the relevant promissory notes and related
documents.

Delay in the fulfillment of an obligation by Mora solvendi

reason of a cause imputable to the debtor.

Which of the following is not a right of the To compel specific performances.

debtor in generic real obligation?

These are the rents of buildings, the price of Civil fruits

leases of lands and other property and the
amount of perpetual or life annuities or other
similar income.

I. The highest degree of diligence is Both are true

expected, and high standards of integrity and
performance are required of the banking
business.

II. The degree of diligence required of banks

is more than that of a good father of a family.

QUESTION ANSWER

A owes B P150,000 due on June 30, 2018. A Yes. The debt becomes due at once because
executed a mortgage in favor of B on A's the object of the mortgage was lost
building. On June 10, 2018, the mortgaged
building was totally lost due to an earthquake.
On June 12, 2018, B demanded payment
from A. Is B's demand valid?

Obligations for whose fulfillment a day certain Ex die

has been fixed, shall be demandable only
when that day comes.

If the obligation of the debtor is " I will pay you Conditional

my debt after I have arrived from abroad", this
is

It gives a right to enjoy the property of Usufruct

another with the obligation of preserving its
form and substance, unless the title
constituting it or the law otherwise provides.

D is obliged to give C a specific ring. The If the ring is lost through a fortuitous event
parties agreed that D may give a specific before substitution, the obligation is
bracelet as a substitute. Which of the extinguished.
following is true?

This is a promissory note: "I promised to pay F is obliged to pay P6,000.

A, B, and C the sum of P18,000." (sgd) D, E,
and F.

Is an interval of time, which, exerting an Period

influence on an obligation as a consequence
of a juridical act, either suspends its
demandability or produces its
extinguishments.

An obligation where each one of the debtors Solidary obligation

is bound to render and/or each of the
creditors has a right to demand entire
compliance with the prestation.

Means bringing the parties back to their Mutual restitution

original status prior to the inception of the
contract.

The condition involves the performance of an Positive condition

act.

The condition is not capable of realization Impossible condition

according to nature, law, morals, good
customs, public order or public policy.

There are several conditions, all of which Conjunctive condition

must be realized.

The remedy of requiring exact performance of Specific performance

a contract in the specific form in which it was
made, or according to the precise terms
agreed upon.

D obliged to give C a specific watch, a C may choose the delivery to him of the
specific ring, or a specific bracelet. The bracelet, or the price of the watch or the price
parties agreed that C will have the right to of the ring plus damages.
choose the thing which will be given to him.
Before C could make his choice, the watch
and the ring were lost through D's fault,
successively. What is the right of C?

There are several conditions, one of which Alternative condition

must be realized.

The condition shall be deemed fulfilled when Doctrine of constructive fulfillment of

the obligor voluntarily prevents its fulfillment. suspensive condition

An obligation whose performance of the Divisible obligation

prestation can be fulfilled in parts.

Which of the following is not void ab initio? That which is undertaken in fraud of creditors.

The following are other terms interchangeably Mancum

used with solidary obligations, except:

An obligation whose performance of the Indivisible obligation

prestation cannot be fulfilled in parts.

The condition is susceptible of partial Divisible condition

realization.

The condition is not susceptible of partial Indivisible condition

realization

May be defined as a tie or vinculum among Active Solidarity

several creditors of one and the same
obligation.

It has the effect of "unmaking a contract, or its Rescission

undoing from the beginning, and not merely
its termination."

A thing is lost when it, except: Deteriorates

The following are other terms interchangeably Proportionate

used with solidary obligations, except:

Are those which arise from the same cause, Reciprocal obligation
wherein each party is a debtor and a creditor
of the other, such that the performance of one
is conditioned upon the simultaneous
fulfillment of the other.

The condition involves the non- performance Negative condition

of an act.

May be defined as a tie or vinculum among Passive solidarity

several debtors of one and the same
obligation.

It is a classification of a condition where the Potestative condition

fulfillment of the condition depends upon the
will of one of the contracting parties.

Obligations which take effect at once, but In diem

terminate upon the arrival of the day certain.

A person who has the right to the benefits of Usufructuary

another's property.

The following are other terms interchangeably In solidum

used with joint obligations, except:

It is also known as condition precedent. Suspensive condition

Every future event and uncertain event upon Condition

which an obligation is made to depend.

The remedy of requiring exact performance of Specific performance

a contract in the specific form in which it was
made, or according to the precise terms
agreed upon.

The following are the terms interchangeably Juntos o separadamente

used with joint obligations, except:

The following are the requisites of the The condition is resolutory.

doctrine of constructive fulfillment of
suspensive condition, except:

The following are other terms interchangeably Conjoint

used with solidary obligations, except:

It refers to a joint obligation: One in which each of the debtors is liable

only for their proportionate part of the debt
and each of the creditor is entitled only for a
proportionate part of the credit.