Chapter 1: General Provision

Question 1

True or False

Quasi-contract is the fault or act or omission of care which causes damages to another, there being no pre-existing contractual relations between the parties.

Answer 1

False

Question 2

True or False

Negotiorum gestio is when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority where reimbursement must be made for necessary and useful expenses.

Answer 2

True

Question 3

True or False

A quasi-contract is an implied contract.

Answer 3

False

Question 4

True or False

Obligations arising from contracts have the force of law between the contracting parties.

Answer 4

True

Question 5

True or False

A natural obligation cannot be enforced in the court of justice.

Answer 5

True

Question 6

The following are the requisites of an obligation, except:

a. Passive subject, debtor, or obligor
b. Demand
c. Active subject, creditor, or obligee
d. Efficient cause

Answer 6

b. Demand

Question 7

These statements are presented to you:

1. An obligation cannot exist without a contract.
2. A contract can exist without an obligation:

In your evaluation of the foregoing statements:

a. Only statement 1 is true.
b. Both statements are true.
c. Only statement 2 is true.
d. Both statements are false.

Answer 7

d. Both statements are false.

Question 8

Obligations may arise from any of the following, except:

a. Contracts
b. Prestation
c. Law
d. Quasi-contracts

Answer 8

b. Prestation

Question 9

It is the voluntary administration of the property of another without his consent.

a. Negotiorum gestio
b. Solutio Indebiti
c. Quasi-delicts
d. Contract

Answer 9

Negotiorum gestio

Question 10

The object or subject matter of the obligation.

a. Passive Subject
b. Vinculum
c. Prestation
d. Active Subject

Answer 10

c. Prestation

Question 11

It is a wrong committed without any pre-existing relations between the parties.

a. Quasi-contract
b. Natural obligations
c. Quasi-delicts
d. Crime

Answer 11

c. Quasi-delicts

Question 12

The return of what has been paid by mistake is known as:

a. Quasi-delicts
b. Negotiorum gestio
c. Solutio indebiti
d. Natural obligation

Answer 12

c. Solutio indebiti

Question 13

PAR is a cooperative store. On September 1, 2013, it paid the Government of the City of Manila certain taxes believing that it owned the same. After six months, PAR learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the government of the City of Manila to return the said taxes paid is based on:

a. The Government is exempt from giving tax refunds.
b. Solutio indebiti
c. Quasi-delicts
d. Negotiorum gestio

Answer 13

b. Solutio Indebiti

Question 14

Marem took a public bus in going to his office. Although Marem paid his fare, the bus conductor did not issue to him a ticket. Along the way, the bus met an accident causing a slight injury to Marem and other passengers. If Marem is to recover damages from the bus owner, the source of the bus owner’s liability is:

a. Quasi-delicts
b. Law
c. P cannot recover any amount because no ticket was issued.
d. Contract

Answer 14

d. Contract

Question 15

Ivo and Ali are the owners of adjacent poultry and piggery farms. One day, Ali got sick and failed to visit his farm. When Ivo noticed that Ali was not again around during the second day, he himself took care of the animals by feeding them and cleaning the pig and poultry pens. Ivo did this for the next three days until Ali returned. Ivo incurred necessary and useful expenses amounting to P10,000,00 in the process. Under the circumstances, Ali is obliged to reimburse Ivo for such expenses which the latter incurred by reason of:

a. Solutio indebiti
b. Negotiorum gestio
c. Contract
d. Quasi-delicts

Answer 15

b. Negotiorum gestio

Question 16

Kajik received a check for P5,000.00 drawn against CBA bank in payment of a debt due him. Upon cashing the check, Kajik requested the teller to give him 10 pieces of P500.00 bill and to place the money in an envelope. As he was in a hurry, Kajik left the bank without bothering to count the cash. Shortly after reaching his office, Kajik counted the money in the envelope and discovered that it contained 10 pieces of P1,000.00 bill or an excess of P5,000.00.

a. Kajik does not have the obligation to return the excess of P5,000.00 because the bank will not likely know who among the bank clients received such excess amount.
b. Kajik must return the excess of P5,000.00 because he has the obligation to do so under the principle of Solutio indebiti.
c. Kajik must return the excess of P5,000.00 because he has the obligation to do so under the principle of Negotiorum gestio.
d. Kajik does not have the obligation to return the excess of P5,000.00 because it was not his fault that the teller would pay him an amount in excess of what was stated in the check.

Answer 16

b. Kajik must return the excess of P5,000.00 because he has the obligation to do so under the principle of Solutio indebiti.

Question 17

The obligation of a school to provide its students a safe and secure environment and an atmosphere conducing to learning is an obligation arising from;

a. Law
b. Contract
c. Quasi-delicts
d. Quasi-contract

Answer 17

b. Contract

Question 18

Radleigh supports Zariyah, a minor, because Zariyah’s father refuses to support Zariyah. The father is obliged to reimburse Radleigh. The source of obligation is:

a. Contract
b. Delicts
c. Quasi-delicts
d. Quasi-contracts

Answer 18

d. Quasi-contracts

Question 19

Cannot be enforced by court action and depend exclusively upon the good conscience of the debtor.

a. Civil Obligations
b. Moral Obligations
c. Social Obligations
d. Natural Obligations

Answer 19

d. Natural Obligations

Question 20

The efficient cause or juridical tie why the obligation exist.

a. Vinculum
b. Prestation
c. Active Subject
d. Passive Subject

Answer 20

a. Vinculum