ASSESSMENT # 2

TRUE/FALSE
1. TRUE - Every person obliged to give something is also obliged to take care of it with
the proper diligence of a good father of a family, unless the law or the stipulation of
the parties requires another standard of care.

2. TRUE - There is no delay in negative personal obligation.

3. TRUE - Fortuitous Event is an occurrence or happening which could not be foreseen

or even if foreseen, is inevitable.

4. TRUE - The creditor has a right to the fruits of the thing from the time the debtor
wants to deliver them.

5. TRUE - In the eyes of the law, there is no delay when there is no demand, subject to
few exceptions.

6. TRUE - If a person obliged to do something fails to do it, the same shall be executed
at his cost.

7. FALSE - Mr. X promised to deliver his only watch to Mr. Y on Nov 10. Mr. X,
however, promised to deliver the same watch to Mr. Z on Nov 11.On Nov 9,
Bagyong Rolly struck the house of Mr. X, destroying all his things including his only
watch. Because the loss of the thing is from a fortuitous event, Mr. X is no longer
liable to both Mr. Y and Mr. Z for his failure to deliver the watch.

8. FALSE - Mary and Tonyo’s wedding is scheduled on November 10, 2020. They
hired KAINPOTAYO Catering Services to cook for their reception. However, on the
day of the wedding, the Caterer did not show up, and there were no food served for
the guests. Statement: KAINPOTAYO Catering Services is NOT LIABLE as there is
no prior demand made by spouses Mary and Tonyo the day before the wedding.

9. TRUE - The receipt of a later installment of a debt without reservation as to prior

installments, shall likewise raise the presumption that such installments have been
paid.

10. FALSE - Mr. X promised to deliver a gold watch to Mr. Y on Nov 10. On Nov 9,
however, Bagyong Rolly struck the house of Mr. X, destroying all his things including
the gold watch. Because the loss of the thing is from a fortuitous event, Mr. X is no
longer liable to both Mr. Y his failure to return the watch.

11. FALSE - If the law or contract does not state the diligence which is to be observed in
the performance, it is expected that diligence of a good mother of a family shall be
required.

12. TRUE - When the obligation is a negative personal obligation, and the obligor does
what has been forbidden him, it shall also be undone at his expense.

13. FALSE - When what is to be delivered is an indeterminate thing, the creditor may
compel the debtor to make the delivery. If the thing is a determinate thing, the
creditor may ask that the obligation be complied by another with at the expense of
the debtor.

14. TRUE - Mora Solvendi is delay on the part of the creditor to fulfill his obligation.

15. FALSE - Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are
not liable for damages.
16. TRUE - In reciprocal obligations, neither party incurs in delay if the other does not
comply or is not ready to comply in a proper manner with what is incumbent upon
him.

17. FALSE - Mr. X stole the watch of Mr. Y. Mr. Y learned about this. Because they are
good friends, Mr. Y told Mr. X that if he returns his watch the next day, he will not file
a complaint against him.Mr. X agreed. However, on that same afternoon, Bagyong
Rolly struck the house of Mr. X, destroying all his things including the watch of Mr.
Y.Even if the loss of the thing is from a fortuitous event; Mr. X is still liable to Mr. Y
for his failure to deliver the watch.

MULTIPLE CHOICE:

1. Accession - A bathtub in a house is a:

2. Natural Fruit - Under the Civil Code, a wild grass is considered as a:
3. Accessory - The tires of a car are considered as:
4. Generic Thing - Mr. X obliges himself to deliver four (4) cavans of Banay-banay rice
to Mr. Y. The prestation is a:
5. Industrial Fruit - Plant collection of the Plantitos/Plantitas is considered as:
6. Civil Fruit - Dividend earned from investment of shares of stocks is an:
7. Determinate Thing - Ms. X obliges herself to deliver her black and white dress with
sunflower design on the neckline that she wore last Tuesday to Ms. Y. The
prestation is a:
8. Indeterminate Thing - Mr. X obliges himself to give P5,000 to Mr. Y. The prestation
is a:
9. Natural Fruit - Under the Civil Code, an egg laid by a chicken is considered as a:
10. Indeterminate Thing - Ms. X obliges herself to deliver a black and white dress with
sunflower design on the neckline to Ms. Y. The prestation is a:
11. Accessory - A string to a guitar is a:
12. Accession - A playground in a school is a:
13. Civil Fruit - Under the Civil Code, a return from an insurance policy is considered
as a:
14. Specific Thing - Mr. X obliges himself to deliver his only pet parrot named
“Scoobidoo” to Mr. Y. The prestation is a:

ASSESSMENT #3

TRUE/FALSE

1. FALSE - “I promise to give you allowance until you graduate from college” is an
obligation subject to suspensive condition.
2. TRUE - In case the obligor does not comply with his obligation, the creditor has two
remedies: (1) action for specific performance (fulfillment) of the obligation with
damages or (2) action for rescission of the obligation with damages.
3. TRUE - Pure Obligation is immediately demandable by the creditors.
4. TRUE - “I promise to pay you P500 if you eat a garden salad” is a valid obligation.
5. TRUE - Resolutory condition is when the fulfillment of which will extinguish an
obligation or right already existing.
6. TRUE- In case both parties have committed a breach of the obligation, the liability of
the first infractor shall be equitably tempered by the courts. If it cannot be
determined which of the parties first violated the contract, the same shall be deemed
extinguished, and each shall bear his own damages.
7. TRUE - Suspensive condition is when the fulfillment of which give rise to an
obligation or right.
8. FALSE - A condition may be either be future and uncertain, or past but known.
9. TRUE - “Mr. X obliges himself to pay his debt to Mr. Y whenever he feels like it” is a
valid obligation.
10. TRUE - “Mr. X obliges himself to pay his debt to Mr. Y as soon as he has the money”
is an obligation subject to term or period, and not subject to a condition.
11. TRUE - “I oblige myself to give you a brand new cellphone if you do not hold your
breath under water without any apparatus for more than 30 minutes” is a valid
obligation.
12. TRUE- When the conditions have for their purpose the extinguishment of an
obligation to give, the parties, upon the fulfillment of said conditions, shall return to
each other what they have received.
13. TRUE - I will clean your house if the next time I bet on lotto ticket, number two (2)
will come out during the draw” is a valid obligation.
14. TRUE - Mr. X obliges himself to deliver a specific 4 cavans of rice to Mr. Y if Mr.Y
opens his store. The debtor secured the specific cavans in a proper place before
delivery. However, when #BagyongUlysses hit the debtor’s area, the specific cavans
of rice were washed away. In this case, the obligation of Mr. X to deliver the specific
cavans of rice is extinguished even if the condition is fulfilled.
15. FALSE - Pure Obligation is an obligation which contains any condition or term upon
which the fulfillment is made to depend.
16. FALSE - “I promise to pay my debt of P500 to you if you divide the ocean into two by
commanding it” is a valid obligation subject to condition.
17. FALSE - “I oblige myself to give you a brand new cellphone if you hold your breath
under water for more than 30 minutes without any apparatus” is a valid obligation.
18. TRUE - “If it will not rain tomorrow, I will toil our garden” is a negative suspensive
condition.
19. TRUE - The suspensive condition in an obligation can either be positive or negative.
20. FALSE - “If you get married by the age of 30, I promise to donate lechon for your
after-party” is an obligation subject to resolutory condition.
21. TRUE - “If it will rain tomorrow, I will cook for you your favorite soup” is a positive
suspensive condition.
22. TRUE - “Ben obliges himself to give Ron P1, 000 if Ben can make Beth go with him
on a date before the year ends” is a valid obligation.
23. TRUE - “I promise to pay you when I am in the mood to go to your house” is not a
valid obligation.
24. FALSE- Jose obliges himself to give his son P1, 000 if his son drives him to work
that day. The night before, Jose messed with the car engine for it not to function. His
son, then, was not able to drive him to work. In this case, the condition is not fulfilled.
There is no obligation to give P1, 000.
25. TRUE - When the resolutory condition happens, the parties are bound to return or
restore whatever they have received from each other. This is called “reciprocal
restitution”.