RFBT-01 Flashcards
An obligation is a juridical necessity to give, to do or not to do. This definition primarily describes:
A. Civil Obligation
B. Moral Obligation
C. Natural Obligation
D. All of the choices
A
D is indebted to C for P100,000. The action to enforce the obligation has already prescribed. However, X, a suitor of D paid the same and D voluntarily reimbursed X. In this case, D can recover payment from:
A.C
B. X
C. Both C and X
D. Neither C nor X
D
This essential element of an obligation is the reason for the obligation’s existence. The tie that binds the parties to the obligation:
A. Active subject
B. Passive subject
C. Prestation
D. Efficient Cause
D
X died, leaving the legal title to his land to his son A, while the usufruct was given to B. When B dies,
A. His rights will be transmitted to his heirs by operation of law
B. His rights will be inherited by the heirs because obligations are transmissible in general
C. His rights will be merged with the legal title of A
D. His rights will be inherited by the other heirs of X
C
The obligation to give support arises from:
A. Law
B. Contract
C. Quasi-contract
D. Moral conscience
A
D bought a pack of gum from a convenience store which costs P18. He paid P20 to the cashier, but the cashier gave him P5 as change. What juridical relation is created between D and the cashier?
A. Contract
B. Quasi-Contract
C. Delict
D. Quasi-Delict
B
What is the required quantum of evidence or proof necessary for criminal liability to attach?
A. Preponderance of evidence
B. Substantial evidence
C. Prima facie evidence
D. Proof beyond reasonable doubt
D
X, a minor, through negligence, inflicted damage upon another child. X’s father was made liable by court to pay civil damages to the other child. The liability of X’s father arises from:
A. Contract
B. Quasi-Contract
C. Delict
D. Quasi-Delict
D
The defense of due diligence in the selection and supervision of employees may used against:
I. Vicarious liability of an employer arising from quasi-delict
II. Subsidiary liability of an employer arising from delict
A. I and II
B. I only
C. II only
D. Neither I nor II
B
In this type of obligation, the acquisition of rights, as well as the extinguishment or loss of those already acquired shall depend upon the happening of the event which constitutes the condition.
A. Pure obligation
B. Alternative obligation
C. Conditional obligation
D. Obligation with a term
C
A potestative suspensive condition solely dependent upon the will of ________ will make the obligation void.
A. The debtor
B. The creditor
C. Both the debtor and creditor
D. Either the debtor or the creditor
A
“I will give to you my car if you will not draw a circle that is at the same time a square” is a
A. Valid obligation
B. Void obligation
C. Alternative obligation
D. Facultative obligation
A
On May 31, 2021, D promised to give C P10,000 after the latter passes the LECPA. C passed the LECPA and took oath as a CPA on October 31, 2021. In this case, the prescriptive period to enforce the obligation will:
A. Be reckoned from May 31, 2021
B. Be reckoned from October 31, 2021
C. Be reckoned from when C makes a demand
D. Not begin to run since the condition was fulfilled
B
On June 30, 2021, D promised to give C a car on December 31, 2021. However, before the arrival of the period, the car deteriorated without D’s fault. In this case,
A. C will suffer the impairment on the car
B. C will suffer the impairment of the car but may demand from D reimbursement for necessary repairs
C. D will be obliged to bring the car back to the intended condition
D. D will no longer be obliged to deliver the car
A
This kind of term is one that is agreed upon by the parties:
A. Legal term
B. Voluntary term
C. Term ex die
D. Term in diem
B
D is indebted to C for P100,000 payable on December 31, 2021. On September 30, 2021, C went to D’s house and found that he is packing all his clothes and the house was already empty. It would show that D was already preparing to migrate to another country, never to return. Can C make a valid demand for payment on September 30, 2021?
A. No, because an attempt on itself to abscond does not remove the debtor’s right to make use of the period
B. No, because the debt is not yet due
C. Yes, because D is about to abscond
D. Yes, because there’re no longer properties which C can attach should he sue
C
In a facultative obligation, the loss of the ________ object ________ substituion extinguishes the obligation:
A. Principal; after
B. Principal; before
C. Substitute; before
D. None of the choices is correct
B
A, B and C are indebted to X and Y for P120,000. How much can X collect from A?
A. P120,000
B. P60,000
C. P40,000
D. P20,000
D
X went to Y to have his car repaired. Y failed to perform the obligation agreed upon. What is/are the remedy/ies of X?
A. Specific Performance
B. Substitute Performance
C. Both A and B
D. Neither A nor B
B
This is awarded by courts to vindicate a right that has been violated when no other kinds of damages may be recovered.
A. Actual damages
B. Temperate damages
C. Nominal damages
D. Liquidated damages
C
This is civil negligence or one arising from quasi-delict.
A. Culpa criminal
B. Culpa contractual
C. Culpa aquiliana
D. None of the choices
C
Payment made by a third party who has an interest in the fulfillment of an obligation, will:
A. Entitle him to full reimbursement of whatever amount he has paid
B. Entitle him to reimbursement to the extent the debtor was benefited
C. Entitle him to no reimbursement
D. Make the payment as a donation
A
The place of payment/performance, in an obligation to deliver a specific thing, where none is designated by the parties, will be
A. The domicile of the debtor
B. The domicile of the creditor
C. The place where the thing might be at the moment the obligation was constituted
D. The place where the thing might be at the time of performance
C
The following limits the debtor’s choice in application of payments, except:
A. Creditor cannot be compelled to accept partial payment
B. Debtor cannot apply payment to principal if interest has not been paid
C. The debt must be liquidated
D. When the period is constituted in favor of the debtor and the same has not yet arrived
D
