Midterms

Question 1

It is a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

Answer 1

Law

Question 2

The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties

Answer 2

Law
Oxford Dictionary

Question 3

A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

Answer 3

Law
Merriam-Webster Dictionary

Question 4

A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority

Answer 4

Law
thefreedictionary.com

Question 5

A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit”

Answer 5

Law
I Sanchez Roman 3

Question 6

the mass of obligatory rules established for the purpose of governing the relations of persons in society

Answer 6

Law
A. Tolentino, Civil Code of the Philippines

Question 7

Four Characteristics of Law

Answer 7

A rule of conduct
Obligatory
Promulgated by legitimate authority
Common observance and benefit

Question 8

The law only governs external physical acts.

Answer 8

A rule of conduct

Question 9

____________ implies external physical actions.

Answer 9

Conduct

Question 10

You cannot punish anyone based on what they are thinking.

Answer 10

A rule of conduct

Question 11

The law is ____________ which means we have the duty to obey otherwise sanctions are imposed.

Answer 11

Obligatory

Question 12

Laws are enacted by the legislature and local government

Answer 12

Promulgated by legitimate authority

Question 13

The law must be obeyed to maintain harmony and peaceful co-existence

Answer 13

Common observance and benefit

Question 14

Give the Two Kinds of Law

Answer 14

Private Law
Public Law

Question 15

Differentiate Private Law and Public Law

Answer 15

Private Law - contract between two entities
Public Law - state and the citizens

Question 16

Give the Six Sources of Law

Answer 16

1 Constitution
2 Legislation
3 Administrative or Executive Orders, Regulations, Rulings
4 Judicial Decisions or Jurisprudence
5 Custom

6 Others:
principles of justice & equity
decisions of foreign tribunals
opinions of text writers

Question 17

Give Some Important Principles of Law

Answer 17

15 Days Rule
Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette,

Ignorance of the law excuses no one from compliance therewith.

right and justice to prevail
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Question 18

________________________________ based mainly on the Civil Code of Spain and approved on 18 June 1949 and took effect on 30 August 1950

Answer 18

Civil Code of the Philippines RA No. 386

Question 19

Civil Code of the Philippines RA No. 386 composed of how many books

Answer 19

Four

Question 20

Give the four books of Civil Code of the Philippines (RA No. 386)

Answer 20

Book I - PERSONS
Book II - PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Book IIII - DIFFERENT MODES OF ACQUIRING OWNERSHIP
BOOK IV - OBLIGATIONS AND CONTRACTS

Question 21

The body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts

Answer 21

The Law on Obligations and Contracts

Question 22

A juridical necessity to give, to do, or not to do.

Answer 22

Obligation

Question 23

A juridical relation whereby a person may demand from another the observance of a determinative conduct and in case of breach, may demand satisfaction from the assets of the latter.

Answer 23

Obligation

Question 24

Give the 4 Elements of Obligations

Answer 24

Active Subject
Passive Subject
Prestation
Efficient Cause/Juridical Tie

Question 25

The party with the right to demand a performance on an obligation

Answer 25

Active subject/creditor/obligee

Question 26

The party with the duty to perform an obligation

Answer 26

Passive subject/debtor/obligor

Question 27

The conduct/act to give, to do or not to do

Answer 27

Prestation

Question 28

The source of obligation

Answer 28

Efficient Cause/Juridical Tie

Question 29

Give the two kinds of prestation

Answer 29

Unilateral Bilateral

Question 30

Give the two kinds of Obligations

Answer 30

Natural Obligations Civil Obligations

Question 31

Obligations based on equity and natural law. You cannot go to court to enforce performance, BUT allows retention of what has been delivered or rendered after voluntary fulfillment.

Answer 31

Natural Obligations

Question 32

Obligations based on law. You can go to court to enforce performance/compliance.

Answer 32

Civil Obligations

Question 33

Give the Sources of Obligation

Answer 33

Law Contracts Quasi-Contracts Quasi-Delicts Crimes

Question 34

Acts or omissions punished by law

Answer 34

Crimes

Question 35

The law creates a situation where someone who benefits from another person's actions, even if unintended, has to compensate them to avoid unfair gain.

Answer 35

Quasi-Contract

Question 36

Alike but not exacly the same

Answer 36

Quasi

Question 37

The voluntary management of the property or affairs of another, without the knowledge or consent of the latter

Answer 37

negotiorum gestio (Art. 2144)

Question 38

If something is **received when there is no right to demand it**, and it was unduly delivered through mistake

Answer 38

solutio indebiti (Art. 2154)

Question 39

These are acts or omissions punishable by law. This refers to crimes or felonies defined under the law to be punishable as such.

Answer 39

Crimes/Delics

Question 40

Laws about crimes, special penal laws

Answer 40

Revised Penal Code

Question 41

True or False. A person that is criminally liable is also civilly liable.

Answer 41

True

Question 42

Give the three civil liability for delicts

Answer 42

Restitution Reparation Indemnification for consequential damages

Question 43

A civil liability that states the return of objects that were stolen

Answer 43

Restitution

Question 44

A payment for harm or damage caused

Answer 44

Reparation

Question 45

Crime produces both ____________ and ____________ liabilities

Answer 45

criminal liability civil liability

Question 46

True or False. A person cannot be both criminally and civilly liable.

Answer 46

False A person that is criminally liable is also civilly liable.

Question 47

Also known as tort or culpa aquiliana

Answer 47

Quasi-Delicts

Question 48

Acts or omissions that cause damage to another. There being fault or negligence but without any existing contractual relation between the parties. There is now an obligation to pay for damages.

Answer 48

Quasi-Delicts

Question 49

a thing is determinate when it is particularly designated or physically segregated from all others of the same class.

Answer 49

Specific Thing

Question 50

Give the two 'things'

Answer 50

Determinate or Specific Thing Generic Thing

Question 51

A thing that is identified only by its species. The debtor can give anything of the same class as long as it is of the same kind.

Answer 51

Generic Thing

Question 52

ordinary care or that diligence which an average or reasonably prudent person exercises over his own property

Answer 52

Diligence of a Good Father of a Family

Question 53

opposite of diligence

Answer 53

negligence

Question 54

A fruits or addition to or improvement upon a thing not necessary to the principal thing. They are everything that is incorporated or attached to a thing, either naturally or artificially.

Answer 54

Accessions

Question 55

Negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties. This is negligence in the performance of the obligation arising from a contract resulting in damages.

Answer 55

Culpa Contractual

Question 56

joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.

Answer 56

Accessories

Question 57

failure or refusal to perform an obligation without legal justification; violation of an obligation

Answer 57

Breach

Question 58

money compensation awarded for loss or injury resulting from breach of contract or obligation

Answer 58

Damages

Question 59

failure to perform an obligation on time which is a breach of the obligation

Answer 59

Delay (Mora)

Question 60

the non-fulfillment of an obligation with respect to time or delay in the fulfillment of an obligation, contrary to what was agreed upon.

Answer 60

Delay (Mora)

Question 61

Give the first book of Civil Code of the Philippines (RA No. 386)

Answer 61

Book 1 - Person

Question 62

Give the second book of Civil Code of the Philippines (RA No. 386)

Answer 62

Book 2 - Property, Ownership and its Modidication

Question 63

Give the third book of Civil Code of the Philippines (RA No. 386)

Answer 63

Book 3 - DIFFERENT MODES OF ACQUIRING OWNERSHIP

Question 64

Give the fourth books of Civil Code of the Philippines (RA No. 386)

Answer 64

Book 4 - Obligations and Contracts

Question 65

The official journal of the Republic of the Philippines.

Answer 65

Official Gazette

Question 66

Give the Two Quasi-Contracts Concepts

Answer 66

negotiorum gestio solutio indebiti

Question 67

Differentiate delicts and quasi-delicts

Answer 67

Delicts - with intent Quasi- Delicts - without intent

Question 68

a thing is ________________ when it is particularly designated or physically segregated from all others of the same class.

Answer 68

determinate/specific

Question 69

ordinary care or that diligence which an average or reasonably prudent person exercises over his own property

Answer 69

Diligence of a Good Father of a Family

Question 70

failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, causing injury to the other party

Answer 70

Fault/Negligence (Culpa)

Question 71

negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties.

Answer 71

Culpa Contractual

Question 72

Negligence in the performance of the obligation arising from a contract resulting in damages.

Answer 72

Culpa Contractual

Question 73

negligence which is the source of obligation between parties without any pre-existing contract

Answer 73

**Culpa Aquiliana** tort/quasi-delict

Question 74

fruits or addition to or improvement upon a thing that is not necessary to the principal thing

Answer 74

Accessions

Question 75

joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.

Answer 75

Accessories

Question 76

failure or refusal to perform an obligation without legal justification; violation of an obligation

Answer 76

Breach

Question 77

Give the Three Kinds of Fruits

Answer 77

Natural Industrial Civil

Question 78

Fruits by spontaneous products of the soil, and the young and other products of animals

Answer 78

Natural

Question 79

Fruits produced by lands of any kind through cultivation and labor

Answer 79

Industrial

Question 80

Fruits derived by virtue of a juridical relation

Answer 80

Civil

Question 81

Creditor - cannot demand a thing of superior quality; Debtor - cannot deliver a thing of inferior quality.

Answer 81

Rule of the Medium Quality

Question 82

failure to perform an obligation on time which is a breach of the obligation

Answer 82

Delay (Mora)

Question 83

Two Types of Delay/Mora

Answer 83

Mora Solvendi Mora Accipiendi

Question 84

delay on the part of the creditor

Answer 84

Mora Accipiendi

Question 85

delay on the part of the debtor

Answer 85

Mora Solvendi

Question 86

deliberate or intended evasion of the normal fulfillment of an obligation

Answer 86

Fraud (Dolo)

Question 87

bad faith, malice on dishonesty vs mistake and errors of judgment made in good faith

Answer 87

Fraud (Dolo)

Question 88

Two Types of Fraud

Answer 88

Causal Fraud or Dolo Causante Incidental Fraud or Dolo Incidente

Question 89

fraud of a serious kind, without which, consent would not have been given. It renders the contract voidable for it is a defect in one of the essential elements of a contract, “consent”.

Answer 89

Causal Fraud or Dolo Causante

Question 90

This refers to fraud without which consent would have still been given but the person giving such consent would have agreed on different terms. It would not render the contract void but the party committing the fraud shall be liable for damages

Answer 90

Incidental Fraud or Dolo Incidente

Question 91

deliberate intention to cause damage or injury

Answer 91

Fraud (Dolo)

Question 92

no deliberate intention to cause damage or injury

Answer 92

Negligence (Culpa)

Question 93

three contravention of the tenor of the obligation

Answer 93

- any act of a party to an obligation does not perform their obligations strictly in the **manner specified** - any kind of **defective performance** - any form of **violation** of the terms and condition stipulated in the obligation

Question 94

Exact fulfillment of the obligation by specific or substitute performance with a right to damages in either case

Answer 94

Specific Performance

Question 95

Pursue the property in the possession of the debtor, except those exempt by law

Answer 95

Attachment

Question 96

Primary Alternative Remedies of Creditor in case of Breach by Debtor

Answer 96

Obligation TO GIVE Obligation TO DO No remedy of Specific Performance in Obligations TO DO or NOT TO DO

Question 97

Primary Remedies of Creditor

Answer 97

1 Exact Fulfillment with Right to Damages; and 2 Levy properties still with debtor not exempt from attachment if debtor fails to pay judgment rendered;

Question 98

Two Subsidiary Remedies of Creditor

Answer 98

ACCION SUBROGATORIA (Art 1177) ACCION PAULIANA (Art 1177,1380-1389)

Question 99

an action where the creditor whose claims had not been fully satisfied, may go after the debtors (3rd person) of the defendant debtor

Answer 99

ACCION SUBROGATORIA (Art 1177)

Question 100

an action filed by the creditor for the rescission (cancellation) of acts or contracts entered into by the debtor designed to defraud the former

Answer 100

ACCION PAULIANA (Art 1177,1380-1389)