OBLICON M1 (L3)

Question 1

If the borrower pays interest when there has been no stipulation therefor, the provisions of the
Code concerning solutio indebiti, or natural obligations, shall be applied, as the case may be.

Answer 1

Rule in case of excess of payment of interest

Question 2

If the payment of interest is made out of mistake, solutio indebiti applies; hence, the amount must
be returned to the debtor. If the payment was made after the obligation to pay interest has already
prescribed, natural obligation applies; hence, the creditor is authorized to retain the amount paid.

Answer 2

Rule in case of excess of payment of interest

Question 3

There is a meeting of the minds or consent; the
parties must have deliberately entered into a
formal agreement

Answer 3

CONTRACT

Question 4

There is no consent, but the same is supplied by
fiction of law; to prevent injustice

Answer 4

QUASI-CONTRACT

Question 5

An act or omission punishable under the law.

Answer 5

Delict

Question 6

Art. 100 of the RPC provides: “Every person criminally liable for a felony is also civilly liable.”

Answer 6

GR DELICT

Question 7

Crimes of treason, rebellion, espionage, contempt and others wherein no civil liability arises on the
part of the offender either because there are no damages to be compensated or there is no private
person injured by the crime (Reyes,

Answer 7

XPN DELICT

Question 8

When a criminal action is instituted, the civil action for the recovery of the civil liability arising from
the offense charged shall be deemed instituted with the criminal action (Sec. 1, Rule 111, Rules of
Court).

Answer 8

GR: Implied institution of the civil action in a criminal case

Question 9

When the offended party:
1. Waives the civil action;
2. Reserves the right to institute it separately; and
3. Institutes the civil action prior to the criminal action (Rule 111, Sec. 1, Rules of Court).

Answer 9

XPNs: Implied institution of the civil action in a criminal case

Question 10

Scope of civil liability (IRR)

Answer 10

Restitution;
Reparation for damage caused; and
Indemnity for consequential damages

Question 11

The acquittal of the accused in criminal case on the ground of reasonable doubt does not preclude
the filing of a subsequent civil action and only preponderance of evidence is required to prove the
latter.

Answer 11

GR: Acquittal in criminal case

Question 12

When the acquittal is on the basis that:
1. The accused did not commit the crime charged; or
2. There is a declaration in the decision of acquittal that no negligence can be attributed
to the accused and that the fact from which the civil action might arise did not exist

Answer 12

XPNs: Acquittal in criminal case

Question 13

An act or omission arising from fault or negligence which causes damage to another, there being no
pre-existing contractual relations between the parties

Answer 13

Quasi-delict or tort

Question 14

A single act or omission may give rise to two or more causes of action. Thus, an act or
omission may give rise to an action based on delict, quasi-delict, or contract.

Answer 14

Quasi-delict or tort

Question 15

In negligence cases, prior conduct should be examined, that is, conduct prior to the injury that
resulted, or in proper case, the aggravation thereof.

Answer 15

Quasi-delict or tort

Question 16

Elements of a quasi-delict

Answer 16

Negligent or wrongful act or omission;
2. Damage or injury caused to another;
3. Causal relation between such negligence or fault and damage; and
4. No pre-existing contractual relationship between the parties (NCC, Art. 2176).