Under Quasi-delict, Teachers or Heads of establishment of arts and trades shall be liable for
damages caused by their pupils or students or apprentices, as long as they are not in their custody.
False
Obligations derived from law are presumed.
False
The following are the duties of obligor under Obligation to Give, except:
None of the choices
__________________________is a kind of Prestation which consist of the delivery of a movable or
immovable thing, in order to create a real right or for the use of the recipient or for its simple
possession or in order to return to its owner.
To give
The following are cases when you have the right to damages except:
In any manner upholding with tenor of obligation
Mora means _________________.
Delay
Under action of undoing, when the obligation consist of not doing and the obligor does what has
been forbidden him, it shall be undone at his expense.
True
The following are exceptions of demand except:
Express stipulation()
When the obligation consist in the delivery of an intermediate or generic thing, whose quality or
circumstance have not been stated, the creditor cannot demand a thing of superior quality, Neither
can the debtor deliver a thing of inferior quality. The purpose of the obligation and other
circumstances shall be taken into consideration.
True
Damages can be recovered if when contract is not perfected.
Pre contractual obligation()
Under Article 1206, when only one prestation has been agreed upon, but the obligor may render
another in substitution the obligation is called alternative.
False
In general, creditor can refuse valid tender of payment.
False
In general rule, payment to a wrong third party is valid but obligation is not extinguished even if in
good faith of the debtor.
False
In general, the following can be made or authorized to receive payment except:
Any person authorized to receive it
The most natural way to extinguish obligation
Payment or Performance
As a general rule, partial payment is not allowed, creditor cannot be compelled to receive partial
prestations same way debtor cannot be compelled to give partial payments except:
When there are several subjects/parties are bound under different terms and conditions
It is considered loss of the thing due are through the following reasons except:
None of the choices
When only one prestation is agreed upon, but the obligor may render another substitution, the
obligation is
Facultative
General rule: Nullity of principal obligation, also nullify
Penal clause
Under reciprocal obligations, the injured party may choose between fulfillment of obligation and the
rescission of the obligation, with the payment of damages in either case. He may also ask rescission
even after he has chosen fulfillment, if the latter should become
Impossible
is a kind of payment when a debtor is forced by means of judicial proceeding either to comply with
the prestation or pay indemnity.
Abnormal
Under payment by Cession, the debtor may cede or assign his property to his creditors in payment
of his debts unless
There is stipulation to the contrary.
General Rule: Nullity of penal clause does not nullify affect the principal
Damages
is conditional type of obligation where an obligation arises, but if the condition does not happen,
obligation does not come to existence.
Suspensive
The receipt of the principal by the creditor, without reservation with respect to interest, shall give rise
to the presumption that the interest has not been paid.
False
Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm
to the person injured as reasonable consequence of the course about to be pursued?
Test of negligence
Damages can be recovered when contract is not perfected if withdrawal of the offer must be without
any illegitimate cause.
True
Elements of Obligation where in there is power to demand the prestation or object. (obligee/creditor)
Select one:
Active Subject
How payment is made? A debt shall not be understood to have been paid unless the thing or service
which the obligation has beencompletely delivered or rendered as the case may be.
True
Commission of crimes causes not only moral evil but also material damage.
False
A car distributor placed an order for 20 luxury cars from a car maker company provided that the
latter deliver the goods within 12 months. It was expressly agreed and stipulated in writing that full
payment depended on the prompt delivery of the goods. If the cars are delivered within the agreed
period, the car company acquires to right to demand full payment for the purchase and its obligation
to deliver is extinguished. Conversely, if the cars are not delivered after the expiration of the period,
does the obligation to pay by the car distributor's extinguished?
Yes as per conditional obligation.
___________________________is a kind of compensation as to origin when decreed by court in a
case where there is a counterclaim like defendant is the creditor of the plaintiff for an unliquidated
amount, sets up his credit as a counterclaim against the plaintiff and his credit is liquidated by
judgment, thereby compensating it with the credit of the plaintiff.
Judiciary
Default ends from the moment creditor demands the performance of obligation.
True
Under kinds of period or term as to source, Article 1197 Par 3, in every case, the court shall
determine such period as may under circumstances have been contemplated by both parties. Once
fixed by the courts, the period cannot be changed by them.
True
Under Estoppel, when the obligee accepts the performance, knowing its incompleteness or
irregularity and without expressing any protest or objection, the obligation is deemed
Complied with
In reciprocal obligations, there can only be delay in negative obligations (not to give or not to do) not
in positive obligations (to give or to do).
False
Jenny was driving under the influence of alcohol at a speed of 120 kph. Jenny hit the car of Neil,
causing damage to the car which required P100,000.00 to repair. Neil was also physically injured
and incurred medical expenses in the amount of P100,000.00. Requisites of Quasi Delict: Jenny
drove and hit Neil's car which constitutes ____________________ as a requisite of quasi delict.
Jenny was negligent for driving the car above the speed limit and under the influence.The collision
injured Neil and damage to Neil's car. There is no contract between Jenny and Neil.
There must be an act or omission.
In an obligation to pay taxes, the passive subject is the taxpayer, the active subject is the
government through the Bureau of Internal Revenue, the prestation is "to give,"
specifically__________________, the juridical tie is a source of obligation arising from law.
To pay taxes
The following are requisites of a valid payment except:
None of the choices
The following are effects of delegacion except:
Debtor is aware of insolvency at the time he deligated his debt
If the debt produces interest, payment to the principle should have not deemed have been made
until the interest has been covered.
True
A contract of sale and a contract of loan are examples of
None of the choices
which is an object or undertaking to give, to do or not to do
Obligation
In general, what is to be paid in an obligation?
None of the choices
A ___________________is an agreement between two parties without previous obligations to one
another that has been created and legally recognized by the court system. Under this contract,
neither involved party is expected to create such an agreement.
Quasi contract
Under obligation to give, when a minor 18-21 entered into a contract without parental consent ,
voluntarily pays the sum of money and delivers a fungible thing in fulfillment of an obligation, there
shall be no right to recover the same from the oblige who has spent or consumed it in good faith.
True
is a kind of Prestation which consist in abstaining from such act.
Not to do
Demand may be in any form, provided it can be proved. Burden of proof of demand on creditor.
True
Under Alternative Obligations, the following are the effects of loss or impossibility of one or all
prestations or when the debtor shall lose the right of choice, when among the prestations whereby
he is alternatively bound only one is practicable except:
Converted to simple and pure obligation
obligation is based on equity and natural justice
Natural
The following are requisites of a valid tender of payment except:
Must be conditional
is kind of conditional of obligation which depends upon the will of the contracting parties, in the
power of one party to realize or prevent it.
Potestative
Substantial breach of contract is where part of obligation is performed and gives rise to liability for
damages.
False
is a kind of Quasi-contract which states that whoever voluntarily takes charge of the 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 incidents or to require the person
concerned to substitute him, if the owner is in the position to do so
Negotiorum gesto
Under obligations with Penal clause, the penalty may be enforced only when it is
______________________ in accordance with the provision under Article 1226 par2.
Demandable
Crime/s without civil liability are the following except;
Civil obligations arising from criminal offense.
The following are the exceptions under transmissibility of rights of fulfillment of obligation, except:
Not transmissible by their very nature (e.g personal rights)
Civil action for recovery of civil liability arising from the offense is impliedly instituted with the criminal
action except;
offended parties reserves right to institute it separately
means deceit or fraud
Dolo
When fulfillment of obligation is no longer possible, rescission takes place.
True
Partial payment is not allowed except:
When there are several subject/parties are bound under different terms and conditions.
Even in the absence of demand, debtor incurs delay if he acknowledges his delay. Request for
extension of time for payment is not sufficient though, the acknowledgement must be express.
True
Obligation arising from quasi- delict is demandable not only for one's own acts or omissions but also
for those persons for whom one is responsible
Diligence of Employers
The head of a family that lives in a building or a part thereof is responsible for damages caused by
things thrown or falling from the same.
True
The following are effects of Legal Compensation except
Both debts are extinguished to the concurrent amount
property is alienated to the creditor in satisfaction of a debt in money shall be governed by laws of
sales
Dation in payment
Under Quasi contract, consider a pizza that is delivered to the wrong address. The pizza has already
been paid for. If the individual does not correct the delivery man and instead keeps the pizza, the
court system could issue a quasi contract that would require the Individual to pay back the amount of
the pizza to the party that paid for the pizza. The contract is used to prevent any party from
benefiting from the situation at the other party's expense; the restitution required under the contract
is to make the situation
Fair
The following are the modes of breach of obligation except
Fortuitous event
determines the existence of an obligation
Period or term
The following are kinds of Negligence except;
None of the choices
If the obligation consist in the payment of a sum of money and the debtors incurs delay, the
indemnity of damages, there being no stipulation to the contrary, shall be the payment of interest
agreed upon, and in the absence of the stipulation, the legal interest will be ___________percent
per annum per Article 2209.
None of the choices
Under kinds of Penal clause as to purpose, _______________________ substitutes the damages
suffered by the creditor; the matter of damages is generally resolved, and it represents the estimate
of the damages that a party might suffer from non performance of the obligation, thereby avoiding
the difficulties of proving such damages.
Conventional
The following crimes are exempted from civil liability under acts punishable by law except:
Criminal contempt
Under Pure Obligation: G.R. No. L-28602, 29 September 1970,The University of the Philippines (UP)
and Associated Lumber Manufacturing Company, Inc. entered into a logging agreement whereby UP
awarded logging concessions in one of its properties in favor of the lumber company in consideration
of royalties, forest fees, etc. Sometime after, the lumber company failed to pay the said fees despite
demands. To avoid termination of the agreement, the lumber company executed an
"Acknowledgment of debt and Proposed Manner of Payments" whereby it was expressly stated
therein that UP had "the right and power" to rescind the logging agreement in case of default of the
lumber company. Subsequent thereto, the lumber company was in default again. As a result, UP
informed the lumber company that it had rescinded the logging agreement. The lumber company
claimed that it is only through a judicial declaration that a contract can be rescinded. Does UP had
the right to rescind the contract even without declaration?
Yes, it is not always necessary for the injured party to resort to court for rescission of the
contract. In exercising the power of rescission, the injured party is required to inform the
other party of the termination.
One of the requisites of prestation is that it must be possible, if not then the obligation is
Void
A clothing company engaged a celebrity as its product ambassador so long the latter does not
endorse a particular rival business. If the celebrity is caught promoting the products of that rival
business, the clothing company may terminate the contract as the resolutory condition took effect.
True
Elements of negligence are the following except:
Duty on the part of the defendant to protect the plaintiff from injury of which the latter
complains.
is a juridical necessity to give, to do or not to do.
Obligation
is called when specifically stated.
Express
Under payment/performance, the delivery of promissory notes payable to order or bills or exchange
or other mercantile documents shall produce effect of payment only when they are
___________________, or when through the fault of the creditor they have been impaired.
Cashed
Under subsidiary liability of a crime, innkeepers, tavern keepers or any other persons or corporation,
shall not be civilly liable for crimes committed in their establishment.
True
It is considered loss of the thing due are through the following reasons except:
None of the choices
Under Quasi-delict, the State is responsible in like manner when it acts through a special agent but
not when the damage has been caused by the official to whom the task done properly pertains, in
which case what is provided in article 2176 shall be applicable.
True
The following are the effects if a third person payment which is not an interested party with debtor's
consent, except:
Creditor may refuse to accept payment
The following are the requisites of rescission except:
One of the creditors failed to comply with what is incumbent of him
conditions as to possibility which are those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends on them.
Impossible
Legal Subrogation is
None of the choices
In bilateral contracts, fulfillment must not be simultaneous or reciprocal.
False
Under Action for damages, recoverable for damages include any and all damages that a human
being may suffer. Responsibility for damages may be divisible.
True
Obligations arising from contracts have the force of law between the contracting parties and should
be complied with in bad faith.
True
There is a presumption under period or term that it both benefits the debtor and creditor unless from
the tenor of both circumstances it should appear that the period has been established in favor of one
or the other.
True
is wrongful act or omission which causes loss or harm to another.
Injury
Agoncillo vs. Javier. Facts: Three debtors got a loan from Marino and bound themselves to pay
P2,7000.00. The loan was secured by a mortgage of a house and lot. It was agreed that if upon the
maturity of the debt, the debtors are insolvent, they would cede the house and the lot to Marino. If
the house and lot would not be sufficient to cover the debt, the balance would be secured by the
mortgage of 4 parcels of land belonging to one of the debtors. The titles were delivered to Marino.
As the debt was not paid, Marino sued the debtors. Issue: Whether or not the stipulation of the
parties is valid? Held: This stipulation is valid. It is simply a/an ________________ obligation, which
is expressly allowed by the law. The agreement to convey the house and lot at an appraised
valuation in the event of failure to pay the debt in money at its maturity is, however, in our opinion
perfectly valid. It is simply an undertaking that if the debt is not paid in money, it will be paid in
another way.
Alternative
connotes that in case of non compliance of the obligation, there will be legal sanction.
Juridical necessity
Every person criminally liable is also civilly liable.
True
A ______________________ is a meeting of minds between two persons whereby one binds
himself with respect to the other, to give something or to render service.
Contract
are interests on obligation which have an extra contractual or delictual origin.
None of the choices
The following are the third persons or interested parties who can pay to extinguish obligation except:
Debtor
When criminal action is instituted, the civil action for the recovery of the civil liability arising from the
offense charged shall deemed instituted with the criminal action
unless__________________________________, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
The offended parties waives the civil action
The following are primary remedies in case of breach except:
Action for damages
means negligence or fault.
Culpa
Obligations arising from contracts have the force of law between contracting parties and should be
complied with good faith.
True
