TAKE HOME EXAM

Please answer on a one whole sheet of yellow pad. Put your name, section, time and room number.

I. Discuss:

1. What are the essential requisites of an obligation? Give an example to illustrate them.

2. Why are obligations under the Civil Code a juridical necessity? Explain.

3. What are the elements or requisites in order that a person may acquire a right of action in court
against another to enforce the performance of the latter’s obligation?

4. May a person incur obligations even without entering into any contract or voluntary agreement?
Explain.

II. Problems:

Explain or state briefly the rule or reason for your answers.

5. X saw at about 1:00 in the afternoon a child alone in a park. The child who strayed from Y, his
mother, was in tears and appeared very hungry. Out of pity, X took him to a restaurant to eat for which
he spent P150.00. Y did not give her consent to the good deed of X. Furthermore, they were on their way
home before the child got lost. Is X entitled to be reimbursed by Y for the amount of P150.00. The
answer is yes. Just state your legal basis.

6. X fled from Maguindanao because his family is the target of a political clan and their lives could
be in danger. X left some real property including the fishpond business. Years passed and these
properties were left with no caretaker. Y the friend of X in Maguindanao saw the fishpond and started to
reconstruct it and made it operational as business without the consent of Y. Should X return to his place,
is Y entitled to be reimbursed for the expenses he had for the reconstruction and making the fishpond
business operational? The answer is yes. Just state your legal basis.

7. While the car of X was parked by the roadside, it was bumped at the rear by a jeep belonging to
Y. Only the car of X suffered damage. Under the circumstances, does it follow that Y is liable to X, for the
damage? The answer is yes. Just state your legal basis.

8. D (debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D could not pay C
because he lost to a robber the P10,000 intended for C. in addition, he suffered financial reverses, and
he was short of cash even for his current family’s needs. Is D legally justified to refuse to pay C? The
answer is NO. Just state your legal basis in support of your answer.

9. W and B had a love child but they are not married. Can W compel B to give support for their
child? State your legal basis for your answer.
10. S, while checking his ATM balance, was surprised to see that an amount of 50,000 was credited
to his bank account. Thinking that it was the amount promised by his mother for his birthday, he
withdrew it and threw a party for his friends. Five days later, he received a letter from the bank
demanding him to return the P50,000 wrongly credited to his account. Does S have the right to refuse to
return the money from the bank? The answer is NO. Just give the legal basis in support of your answer.