Pre-mid eggsam Flashcards
There shall be no liability for loss due to fortuitous events in one of the following cases. Which is it?
- When the debtor delays
- When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events
- When nature of the obligation requires the assumption of risks
- When the obligation is to deliver a determinate thing and there was no stipulation as to the liability of the debtor in case of loss to fortuitous events.
When the obligation is to deliver a determinate thing and there was no stipulation as to the liability of the debtor in case of loss to fortuitous events.
It is wrong committed without any pre-existing relations between the parties.
- Natural obligation
- Quasi-delict
- Quasi-contract
- Crime
Quasi-delict
It is a thing that is particularly designated or physically segregated from all others of the same class.
- Generic thing
- Indeterminate thing
- Determinate thing
- Real thing
Determinate thing
In Cebu, Mr. Lim agrees to sell a batch of premium quality coffee beans to Ms. Dela Cruz for PHP 200,000. The contract specifies that the coffee beans will be of standard quality. When the delivery date arrives, Mr. Lim provides a batch of coffee beans that meet the standard quality as outlined in the contract. However, Ms. Dela Cruz, who is dissatisfied with the standard quality, demands that Mr. Lim deliver a batch of superior quality coffee beans instead, insisting that her business requires only the best quality products. Can Ms. Dela Cruz demand a batch of superior quality coffee beans?
- Yes, because superior quality is implied in all sales contracts.
- No, because the contract explicitly states that the coffee beans are to be of standard quality.
- Yes, because Ms. Dela Cruz needs superior quality for her business.
- No, because Mr. Lim has already delivered the batch of coffee beans.
No, because the contract explicitly states that the coffee beans are to be of standard quality.
Which of the following statements best describes juridical necessity, except
- A juridical necessity involves legal relationship where the debtor is obliged to perform a specific act as demanded by the creditor
- In the event of non-compliance, the creditor may seek to obtain satisfaction from the debtor’s assets.
- Judicial necessity only applies in criminal law and does not pertain to civil obligations
- The creditor has the right to demand the fulfillment of the debtor’s obligation based on their juridical relation.
Judicial necessity only applies in criminal law and does not pertain to civil obligations
In Cebu, Mr. Lopez and Mr. Cruz enter into an oral agreement where Mr. Lopez promises to sell a piece of land to Mr. Cruz for PHP 1,000,000. After a few months, Mr. Lopez decides to back out of the deal. Mr. Cruz, feeling aggrieved, questions the validity of the oral contract and insists that Mr. Lopez honors the agreement. Mr. Lopez argues that the contract is invalid because it was made orally and not in writing. Is the contract between Mr. Lopez and Mr. Cruz valid?
- Yes, the contract is valid because all contracts are binding as long as there is a meeting of the minds.
- No, the contract is not valid because it involves the sale of land and must be in writing to be enforceable.
- Yes, the contract is valid if Mr. Cruz has made a partial payment or taken possession of the land.
- No, the contract is not valid because the agreement was not notarized.
No, the contract is not valid because it involves the sale of land and must be in writing to be enforceable.
The following are the remedies of the creditor to pursue his claims against the debtor, except to:
- pursue the property owned and in possession of the debtor
- exercise all the rights and bring all the actions of the debtor.
- impugn the acts which the debtor may have done to defraud his creditors
- compel the debtor to perform the service in obligation to do
compel the debtor to perform the service in obligation to do
In Cebu, Ms. Torres hires Mr. Fernandez, a contractor, to build a garden gazebo in her backyard. They agree on the design, materials, and completion date, which is set for March 15, 2025. As the completion date approaches, Mr. Fernandez fails to start the construction work. When Ms. Torres contacts him, he assures her that he will complete the project. However, Mr. Fernandez eventually builds the gazebo, but it is poorly constructed and does not adhere to the agreed design specifications. The structure is unstable, and the materials used are of inferior quality.
What can Ms. Torres demand if Mr. Fernandez fails to construct the gazebo?
- She can do nothing since the work has already been completed.
- She can demand that the work be redone at her own expense.
- She can demand that the work be done at Mr. Fernandez’s expense.
- She must accept the poorly constructed gazebo
She can demand that the work be done at Mr. Fernandez’s expense.
In the case where Mr. Enriquez lends his vintage car to Mr. Villanueva and the car gets damaged due to Mr. Villanueva’s failure to exercise proper diligence, what are the rights of Mr. Enriquez as the creditor
- Mr. Enriquez has no rights since the damage was caused by vandals.
- Mr. Enriquez has the right to demand that Mr. Villanueva repairs the car or compensates for the damage.
- Mr. Enriquez must accept the damage as an inherent risk of lending the car.
- Mr. Enriquez can only claim partial compensation for the damage.
Mr. Enriquez has the right to demand that Mr. Villanueva repairs the car or compensates for the damage.
Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. Which is it?
- When it was stipulated by the parties that demand need not be made
- When the law provides that demand need not be made
- When the obligation does not indicate whether demand must be made or not on due date.
- When time is of the essence of the contract
When the obligation does not indicate whether demand must be made or not on due date.
It is the voluntary administration of the property of another without his consent.
- Negostiorum gestio
- Solutio indebiti
- Quasi-delict
- Contract
Negostiorum gestio
In Cebu, Mr. Ramos enters into a contract with Ms. Cruz, a skilled seamstress, to create a custom wardrobe for his upcoming fashion show. The contract specifies that Ms. Cruz will work exclusively for Mr. Ramos for six months, dedicating all her time and effort to designing and sewing garments for the show. As the six months approach, Ms. Cruz realizes that the terms of the contract are extremely demanding and leave her no time for personal matters or other professional opportunities. Ms. Cruz informs Mr. Ramos that she cannot continue under the current terms, citing the excessive workload and lack of freedom. What legal principle is relevant when determining whether Ms. Cruz can be compelled to fulfill the terms of the contract?
- Specific Performance
- Involuntary Servitude
- Breach of Contract
- Mitigation of Damages
Involuntary Servitude
In Cebu, Mr. Enriquez agrees to lend his vintage car to his friend, Mr. Villanueva, for a week. The car, a valuable antique, is in excellent condition. Mr. Villanueva, aware of the car’s value and delicate nature, promises to take good care of it. However, during the week, Mr. Villanueva parks the car in an unsecured area, and it gets damaged by vandals. Mr. Enriquez, upon seeing the damage, is upset and questions whether Mr. Villanueva fulfilled his obligation to take care of the car with the proper diligence expected under their agreement.
- Did Mr. Villanueva fulfill his obligation to take care of the car with the proper diligence expected?
- Yes, because he parked the car in a parking area.
- No, because he failed to secure the car properly, resulting in damage.
- Yes, because the damage was caused by vandals and not by Mr. Villanueva.
- No, because he was not aware of the car’s value.
No, because he failed to secure the car properly, resulting in damage.
In Cebu, Mr. Tan, a landlord, mistakenly receives a rent payment from Ms. Santos, who is not his tenant. Ms. Santos intended to pay her rent to her actual landlord, Mr. Dela Cruz, but accidentally transferred the funds to Mr. Tan’s account due to a mix-up in bank details. Upon realizing the error, Ms. Santos requests Mr. Tan to return the funds.
Meanwhile, Mr. Reyes, a friend of Mr. Tan, notices that Mr. Tan’s property is in disrepair. Without Mr. Tan’s knowledge or consent, Mr. Reyes hires a contractor to repair the property, believing it is in Mr. Tan’s best interest. Mr. Reyes incurs costs for the repairs and later informs Mr. Tan, expecting reimbursement for the expenses.
The situation involving Mr. Reyes making repairs to Mr. Tan’s property without consent:
- Solutio Indebiti
- Negotiorum Gestio
- Contract of Lease
- Agency by Estoppel
Negotiorum Gestio
In Cebu, a local government ordinance mandates that all business establishments must provide health insurance coverage to their employees. However, this obligation is not explicitly stated in the Civil Code of the Philippines or any special laws. A business owner, Mr. Santos, operates a small café in Cebu City. Mr. Santos challenges the ordinance, arguing that his obligation to provide health insurance coverage to his employees is not demandable under Article 1158 of the Civil Code.
When are obligations derived from law demandable?
- When they are presumed by the government.
- When they are expressly determined in the Code or special laws.
- When they are beneficial to the public.
- When they are financially feasible for businesses.
When they are expressly determined in the Code or special laws.
In Cebu, Ms. Lopez enters into a contract with Mr. Gomez, a landscaper, to maintain her garden. The contract specifically states that Mr. Gomez is not allowed to plant any invasive species in the garden, as Ms. Lopez wants to preserve the local flora. Despite this explicit prohibition, Mr. Gomez plants several invasive plants in the garden, believing they would enhance its appearance. Upon discovering the invasive plants, Ms. Lopez demands that Mr. Gomez remove them and restore the garden to its original state.
What is Ms. Lopez entitled to demand from Mr. Gomez?
- She can demand that the invasive plants be removed at Mr. Gomez’s expense.
- She can demand compensation for the inconvenience caused.
- She can demand that Mr. Gomez plant additional flowers.
- She must accept the changes made by Mr. Gomez.
She can demand that the invasive plants be removed at Mr. Gomez’s expense.
This refers to delay on the part of the creditor.
- mora solvendi ex re
- compensatio morae
- mora solvedi ex personae
- mora accipiendi
mora accipiendi
In Cebu, Ms. Garcia enters into a contract with Mr. Rodriguez to purchase a mango orchard. The contract specifies that the orchard will be delivered to Ms. Garcia on June 1, 2025. However, in March 2025, before the delivery date, the orchard produces a substantial harvest of mangoes. Mr. Rodriguez collects the mangoes and sells them at the local market. When June 1 arrives, Mr. Rodriguez delivers the orchard to Ms. Garcia as agreed. Ms. Garcia, upon taking possession, demands the proceeds from the mangoes harvested in March, arguing that she has a right to the fruits of the orchard from the time the obligation to deliver it arose.
According to Article 1164, when does the creditor acquire a real right over the fruits of the thing?
- From the time the contract is signed.
- From the time the obligation to deliver arises.
- From the time the thing is actually delivered to the creditor.
- From the time the creditor expresses interest.
From the time the thing is actually delivered to the creditor.
In Cebu, Mr. Tan, a landlord, mistakenly receives a rent payment from Ms. Santos, who is not his tenant. Ms. Santos intended to pay her rent to her actual landlord, Mr. Dela Cruz, but accidentally transferred the funds to Mr. Tan’s account due to a mix-up in bank details. Upon realizing the error, Ms. Santos requests Mr. Tan to return the funds.
Meanwhile, Mr. Reyes, a friend of Mr. Tan, notices that Mr. Tan’s property is in disrepair. Without Mr. Tan’s knowledge or consent, Mr. Reyes hires a contractor to repair the property, believing it is in Mr. Tan’s best interest. Mr. Reyes incurs costs for the repairs and later informs Mr. Tan, expecting reimbursement for the expenses.
The situation involving the mistaken rent payment by Ms. Santos:
- Negotiorum Gestio
- Solutio Indebiti
- Contract of Lease
- Agency by Estoppel
Solutio Indebiti
One of the following is a determinate thing. Which is it?
- a cow
- a horse
- a Toyota car with engine no. 12345, body no. 34890 and plate no. ABC 123
- a ring with diamond embellishment
a Toyota car with engine no. 12345, body no. 34890 and plate no. ABC 123
In Cebu, Mr. Castillo agrees to sell a specific painting, a valuable artwork by a famous local artist, to Ms. Delgado for PHP 500,000. The painting is a determinate thing, meaning it is specifically identified and agreed upon by both parties. The delivery of the painting is scheduled for May 1, 2025. However, as the delivery date approaches, Mr. Castillo decides to delay the delivery without any valid reason. Meanwhile, Mr. Castillo also promises to deliver the same painting to another buyer, Mr. Santos, who is unaware of the prior agreement with Ms. Delgado. On May 1, a fire breaks out in Mr. Castillo’s storage facility, and the painting is destroyed.
What right does Ms. Delgado have under Article 1165 in this situation?
- She can demand Mr. Castillo to deliver another painting of similar value.
- She can compel Mr. Castillo to make the delivery of the specific painting.
- She can cancel the contract and claim damages
- She has no rights since the painting was destroyed.
She can compel Mr. Castillo to make the delivery of the specific painting.
D borrow P50,000 from C. C dies before he has collected the debt leaving S, his son, as heir. Which of the following statements is correct?
- S can collect from D although D and C did not agree that the credit right will pass on to the heirs of C.
- S cannot collect because the credit right is personal to C.
- S can collect only if D and C agreed that the credit right will pass on the heirs of C.
- S cannot collect because the law prohobits the transmission of the credit right.
S can collect from D although D and C did not agree that the credit right will pass on to the heirs of C.
The following are the elements of wrong, except
- A legal right in favor of a person
- A correlative legal obligation on the part of another, to respect or not to violate said right
- An act or omission by the latter in violation of the said right with resulting injury or damage to the former
- All of the above
All of the above
Unless the law or the stipulations of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with:
- extra-ordinary diligence
- diligence of a good father of a good family
- diligence of a good father of a family
- good diligence of a father of a family
diligence of a good father of a family
Obligations may arise from any of the following, except:
- contracts
- quasi-contracts
- law
- prestation
prestation
The following are the requisites of an obligation, except:
- passive subject, debtor or obligor
- active subject, creditor or obligee
- efficient cause
- demand
demand
In Cebu, Ms. Reyes and Mr. Mendoza enter into a written contract for the delivery of customized furniture. Ms. Reyes, who owns a furniture manufacturing business, agrees to deliver 20 custom-made dining tables to Mr. Mendoza’s restaurant by March 1, 2025. The contract specifies the design, materials, and payment terms. As the deadline approaches, Mr. Mendoza fails to make the initial payment as agreed. Consequently, Ms. Reyes is unable to purchase the necessary materials to start the production of the furniture. Mr. Mendoza, however, insists that Ms. Reyes is still obligated to deliver the tables on time.
Is Mr. Mendoza’s insistence that Ms. Reyes deliver the tables on time valid, given that he failed to make the initial payment?
- Yes, because Ms. Reyes is obligated to fulfill the contract regardless of payment.
- No, because Mr. Mendoza did not comply with the contract terms in good faith.
- Yes, because Ms. Reyes can obtain materials through other means.
- No, because the contract was not orally agreed upon.
No, because Mr. Mendoza did not comply with the contract terms in good faith.
Lena, from Lapu-lapu City, lent her friend Carla P200,000 six years ago. The debt has already prescribed under the statute of limitations. Despite knowing this, Lena still chooses to pay Carla the amount because she believes it’s the right thing to do.
What type of obligation is this?
- Civil obligation
- Natural obligation
- Moral obligation
Natural obligation
Mark, a resident of Cebu City, promised to pay his friend, Anna, P500,000 for a loan he took to start his small business. The agreed payment date is approaching, and Mark is preparing to pay Anna back as promised.
What type of obligation is this?
- Civil obligation
- Natural obligation
- Moral obligation
Civil Obligation
The creditor has a right that is enforceable against a definite passive subject. This right is known as:
- personal right
- real right
- natural right
- civil right
personal right
Suspensive vs Resolutary
Suspensive
- “once” or “within
- Once magpakasal ta imo nani akong balay
Resolutary
- ma extinguish once ma fulfill ang obligation
- “until”
- ipa borrow takas car until maka graduate ka
Dolo Incidedente/ Incidental Fraud
vs
Dolo Causante/ Casual Fraud
Incidental Fraud
- yes na buhat ang obligation pero naay damages
- pa himo kag balay pero wa ni tuman sa sabot nga high quality ang gamiton
Casual Fraud
- false marketing
- deception that cause to consent
- wa daw sha na bangga ani nga sakyanan before so iya gi baligya nimo
“Once you pass the CPA board exam, I will give you PHP 100,000.”
✅ Suspensive – The obligation (giving PHP 100,000) will only arise if and when the person passes the CPA board exam. If they never pass, there is no obligation to give the money.
“You can live in my apartment until you get married.”
✅ Resolutory – The right to stay in the apartment exists only until the person gets married. Once they get married, the obligation to allow them to stay is extinguished.
“Once you complete your OJT, I will officially hire you as a full-time employee.”
✅ Suspensive – The employer’s obligation to hire depends on the fulfillment of the OJT requirement. Until the OJT is completed, there is no enforceable obligation.
“You ordered an iPhone 15 Pro Max, but the seller sent you an iPhone 15 and refused to replace it.”
✅ Incidental Fraud – The seller fulfilled the obligation by delivering a phone, but they misrepresented the model, causing you loss or inconvenience. You may demand damages or a replacement, but the sale is still valid.
“A real estate agent told you a condo unit has a great ocean view, but after buying it, you discover that a new building blocks the view entirely.”
✅ Causal Fraud – The agent’s false claim about the view was a key reason for your decision. If you had known the truth, you might not have bought the unit. You may seek annulment of the contract
“A wedding caterer promised premium seafood dishes, but they served low-quality frozen fish instead.”
✅ Incidental Fraud – The caterer still fulfilled the contract by providing food, but they deceived you about its quality. You can claim damages for the misrepresentation, but the contract remains in force.
What is the deligence for common carriers
extraordinary diligence kay it’s a matter of life & death
Does pecuniary excuse the obligor in his obligation?
No, poverty doesn’t excempt obligor
Mutuum
loan for consumption upon same amount/ kind
Usury
putting interest and authorized by law
Always remember!!
Money & Property must be done in written agreement/ form
Conclusive Presumption
vs
Disputable Presumption
Conclusive- cannot be contradicted
Disputable- can be/ propenderance of evidences
“A 7-year-old child was caught stealing from a store, but the court automatically considers the child incapable of committing a felony.”
✅ Conclusive Presumption – The law states that a child below the age of criminal responsibility (e.g., 15 years old in the Philippines) cannot be held criminally liable, regardless of evidence showing intent or awareness.
“A woman gives birth while married, and the law presumes the husband is the father. However, a DNA test later proves another man is the biological father.
✅ Disputable Presumption – The law presumes that a child born within marriage is the husband’s child, but this can be overturned with DNA evidence proving otherwise.
“A husband consented to his wife undergoing IVF with a donor’s sperm. Later, he tries to deny legal paternity of the child.”
✅ Conclusive Presumption – In many jurisdictions, if a husband consents to assisted reproduction, he is conclusively presumed to be the legal father of the child, even if DNA evidence shows he is not biologically related.
“A person has been missing for seven years, and the court declares them legally dead. However, new evidence shows they are alive in another country.”
✅ Disputable Presumption – The law presumes a missing person to be legally dead after a certain period, but this presumption can be rebutted if proof of life is presented.
Can your house be attached as payment?
Naurrr it can’t be unless if utang ang house then yes na yes for me
What is a PERYAWDDDDD?!??
it is future & certain
If walay length of time is it a period or suspensive???
suspensive but with a PERYAWDDDDD
