LAW121

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QUIZ 1

19.00 out of 20.00 (95%)

Question 1
Laws only take cognizance of external QUIZ 2
acts.  What is the reason behind this Marks 12.00/15.00 (80)
rule?  Question 1
In obligations with a period, the acquisition of rights, as well as
the extinguishment of those already acquired, shall depend upon
The reason behind this rule is, that laws the happening of the event.True X False
will only recognize if there is proof of
action.  If there is no proof or pieces of Question 2
evidence that show the violation then If the condition depends upon chance,
there is no violation because laws apply the obligation is valid. True  False
equity where everyone has the right to
defend themselves. Furthermore, it is
difficult to apprehend someone without Question 3In a divisible obligation
proof because there are some situations which is subject to an impossible
like thoughts or ideas that they did a crime condition, such condition will annul the
but only in internal acts. So, proofs is very whole obligation. True False 
important to recognized laws.

Question 4In a resolutory condition, the


Question 2 obligation is demandable immediately.
Differentiate natural law and moral law. True  False

Natural law is the nature of human Question 5


understanding that helps us what is good Pending the arrival of the period, the
and evil with reasons of having common debtor may recover what has been
good. This law is created based on the voluntarily paid. False 
nature of the human sense of goodness. It
is a set of rules of what to do in a better
way and natural law has no sanctions. For Question 6
example, You help the old man to cross Rescission is available to the injured
the street.  Humanity is an example of party in all cases like if the subject
natural law because it shows kindness to matter is in the hands of a third party
everyone and compassion. While moral who acted in good faith. False 
law it is a set of rules in society regarding
what is right and wrong.  For example, if
you do something that will cause people to
Question 7
think you did something wrong and there
If it cannot be determined who among
will be sanctions. Like people will call you
the parties first violated the contract,
bad and sometimes they will bully you
both shall then perform their
because you did wrong which affects their
obligations. True 
beliefs of what is wrong and right.

Question 3
Question 8
Explain briefly the following
If the resolutory condition depends
characteristics of law:  RULE OF
upon the sole will of the debtor, it is
CONDUCT
void. False

Rule of conduct is a law that mandates the


Question 9
set of man's law or is based on the whims
An impossible condition will render the
of legislators of proper conduct that
obligation and the condition void if
everyone will follow and there will be
there is a pre-existing obligation.
sanctions if we disobey. For example, in
True X False
society drugs are prohibited. Rule of
conduct serves as a duty of everyone to
be responsible for our acts in the foremost
interest of the common good and to avoid Question 10
conflicts with everyone. If the impossible condition is negative,
that is, not to do an impossible thing, it
Question 4 is disregarded and the obligation is
rendered pure and valid True /False
Question text. Explain briefly the
following characteristics of law: 
OBLIGATORY Question 11
The period fixed by the courts could no
longer be changed by the parties.
Obligatory means we are all responsible True /False
for our own acts and it is our duty to follow
the rules established by our government in
accordance with peace and good Question 12
relationship with everyone. Also, it is If the potestative condition depends
prescribed under legal or moral necessity exclusively upon the will of the
because being aware of laws can save creditor, the obligation is valid.
you. True /False
Question 13 Obligations with a resolutory period take effect at Question 4
once. True /False Dean is obliged to deliver to Christy his
car on July 18, 2013.  In the morning of
Question 14 July 18, Dean prepared the car for
In personal obligations, the parties delivery.  On his way to Christy’s, he
decide on the retroactive effect of a forgot something so he came back
condition which has been fulfilled. inside his house, leaving the car engine
True/False  on.  Theodore, found the car and drove
it away.  When Dean came back, the car
was already gone, so he failed to
deliver it to Christy.  Which statement
Question 15 is true?
If one of the obligors does not comply
with what is incumbent upon him, the
injured party may rescind the contract
extrajudicially. True /False a.Christy shall have the right to
demand for the payment of damages
from Dean for the latter’s failure to
deliver the car.
QUIZ 2 (MULTIPLE CHOICE)
Marks 11.00/15.00 (73) b.Both Dean and Christy shall bear the
Question 1 loss as the loss was due to a fortuitous
If the value of the thing diminishes due event.
to the fault of the debtor,
c.Dean’s obligation is extinguished, the
car having been lost due to a fortuitous
a. the debtor shall be liable for event.
damages Question 5
The debtor loses his right to make use
of the period if
b.the debtor’s obligation shall be
extinguished
a.he bought a ticket for abroad to avoid
payment.
c.the debtor can rescind the obligation
b.he became insolvent but mortgaged his
car to the creditor.
Question 2 c.he promise to mortgage his car and did
The court can fix a period for the so.
parties if

Question 6
a.they agreed on a period but failed to For an event to be considered as a
fix it. condition,
b.they never agreed on a period.

c.the period depends upon the will of the a.it should be a future or uncertain event
creditor.

b.it should be a future or certain event


Question 3
Pending the happening of the c.it should be a future and uncertain
suspensive condition, the debtor can event
recover what he has given if

Question 7
a.he has paid by mistake An obligation which is independent of a
future or uncertain event is a
b.the condition is fulfilled

c.he has paid knowingly a.Conditional Obligation

b.Obligation with a period

c.Pure obligation

Question 8
An obligation can validly exist even
without a condition since a condition is
only

a.an accidental element.

b.a necessary element. X

c.as essential element.


Question 9 c. it may give rise to or extinguish an
If an obligation is subject to a obligation X
resolutory condition,

Question 15
a. the obligation is effective from the “I will pay you when my means permit
time of the creation of the obligation. me to do so.”  This is an example of

b.the obligation shall be fulfilled only upon a. a conditional obligation X


the happening of the event. b. an obligation subject to a period
c. a pure obligation

c.the obligation is extinguished when the


event does not take place at all.

QUIZ 3 MULTIPLE CHOICE


Grade 12.00 out of 15.00 (80%)
Question 1
Question 10 For the extinguishment of the solidary
If improvements have been caused by the debtor, obligation, payment shall be made
a.the creditor shall pay the debtor for such
expenses
a. to the creditor who first made the
b.the creditor shall allow the debtor demand if two demanded (1214)
usufructuary rights b. to  a third person purportedly acting on
behalf of the creditors
c.the creditor shall let the debtor pay rent c. to any creditor if a demand was made
for the enjoyment by one creditor

Question 11 Question 2
When the use of the cellular phone Which of the following is an indivisible
becomes illegal, such would be obligation?
considered as

a. the obligation to give a definite thing


a.civil loss (1225)
b.physical loss b. the obligation is the accomplishment
of work by metrical units
c.legal loss
c. the obligation is to execute work for a
certain number of days
Question 12
I’ll give you Php1,000,000.00 next
Question 3
month if I like.  Is the obligation valid?
Statement No. 1:  The judge shall equitably reduce the penalty
when the principal obligation has been partly complied with.
Statement No. 2: Proof of actual damages
a.No, because it is a mixed condition. suffered by the creditor is necessary in
order that the penalty may be demanded.

B. No, because it is subject to a casual


condition. a. statement No. 1 is true (1229);
Statement No. 2 is false. (1228)
c. No, because it is subject to a
potestative condition. d. Statement No. 1 is false; Statement
No. 2 is false.

C. Statement No. 1 is true; Statement No.


Question 13 2 is true.
If the condition is not to do the
impossible or illegal thing, e. Statement No. 1 is false; Statement
No. 2 is true.

a. the condition and the obligation are


valid. X Question 4
If one of the joint debtors is insolvent,
b. the condition and the obligation are
void.
c. the condition is disregarded but the
a.the obligation shall be extinguished
obligation remains.
b.the other joint debtors shall shoulder his
share
Question 14
A condition is different from a period in c.the other joint debtors shall not
that shoulder his share (1208)

Question 5
a. it may be a past event Andres and Bryan both undertook a
b. it may be suspensive or resolutory contract to deliver to Charlie in Manila
a boat docked in Subic.  Before they
could deliver it, however, the boat sank c.the delivery of the specific thing
in a storm. The contract provides that (1225)
fortuitous event shall not exempt
Andres and Bryan from their obligation.
Owing to the loss of the motor boat, Question 9
such obligation is deemed converted A solidary obligation exists when
into one of indemnity for damages.  Is
the liability of Andres and Bryan joint
or solidary?
a.the nature of the obligation requires
solidarity (1207)

a.Joint since the conversion of their b.the obligors are liable only for his own
liability to one of indemnity for share
damages made it joint. (1209)
c.the object is divisible
b.Solidary since Andres and Bryan failed
to perform their obligation to deliver the
motor boat. Question 10
In joint obligations, each debtor shall
c.Solidary or joint upon the discretion of
Charlie.
a. be liable for the whole obligation
Question 6 f. be liable for the share of an insolvent
Statement No. 1:  If two or more creditors co-debtor
or debtors concur, the presumption is that
the obligation is solidary. C. be liable for his own share (1208)

Statement No. 2:  If one of the joint Question 11


debtors cannot pay his obligation due to In alternative obligations, when the right to
insolvency, his share shall be shouldered choose belongs to the creditor and one or
by the other joint debtors. some of the items are lost, the creditor

a.Statement No. 1 is false; Statement No. a.shall choose any item, lost or not
2 is true. (1205)

b.Statement No. 1 is true; Statement No. 2 b.shall be entitled to damages only


is false.
c.shall choose among those remaining
c.Statement No. 1 is false; Statement
No. 2 is false. (1208)
Question 12
d.Statement No. 1 is true; Statement No. 2 The obligor shall be liable to pay damages
is true. in addition to the penalty if
Question 7
Statement No. 1:  The nullity of the penal
clause does not carry with it that of the a.he does not comply with his obligation
principal obligation.

b.he contravenes the terms of the


Statement No. 2:  The nullity of the
obligation
principal obligation nullifies the penal
clause. C. he is guilty of fraud in the fulfillment
of the obligation (1227)
a.Statement No. 1 is false; Statement No.
2 is true.
Question 13
b.Statement No. 1 is true; Statement When can the court reduce the penalty
No. 2 is true. (1230) fixed by the parties?

c.Statement No. 1 is true; Statement No. 2


is false. a.when the debtor has partially
performed the obligation (1229)
d.Statement No. 1 is false; Statement No.
2 is false. b.when the debtor has performed the
obligation

C.when the debtor has not performed any


obligation

Question 14
Question 8 In facultative obligations, the loss of the
What thing is an indivisible obligation? substitute will make the debtor liable if
a.the performance of an act for a certain
number of days
a.the principal has been lost.
b.the delivery of an object in such
measure and weight b.he already communicated his desire
to deliver the substitute. (1206)
c.the loss was due to his negligence. Question 10 The share of the insolvent solidary debtor shall be
borne by the other debtors in proportion to their debts.
True (1217)
Question 15
The debtor shall be liable for the penalty Question 11
and damages if \Solidarity exists when the debtors are
liable to perform their own proportionate
shares. False  ( 1208,1207, 1211)
a.he chose to pay the penalty and not
perform the principal obligation
Question 12
b.he is guilty of fraud in the performance Proof of actual damages suffered by the
of the obligation (1227) creditor is necessary in order that the
penalty may be demanded.
c.he was in delay in the performance of
the obligation
TRUE/FALSE
Grade 13.00 out of 15.00 (87%)
Question 1
A penalty shall only exist if the parties
False (1228)
expressly stipulated. True (1227)

Question 13
Question 2 A penal clause is a
A joint divisible obligation gives rise to
principal undertaking by an obligor who
damages from the time anyone of the
fails to perform his obligation. False 
debtors does not comply with his
(1226)
undertaking. FALSE(1224)

Question 3
If one of the joint debtors cannot pay his
obligation due to insolvency, his share
shall be shouldered by the other joint
debtors. False  (1208)

Question 4 Question 14
An indivisible obligation shall be
performed in full at one time by the debtor.
True  (1225) If two or more creditors or debtors concur,
the presumption is that each of them is
liable for the whole obligation.
Question 5
The judge shall equitably reduce the
penalty when the principal obligation has
been partly complied with. True  (1229)
False (1207)

Question 6 Question 15
The nullity of the penal clause does not A joint obligation shall exist only if the
carry with it that of the principal obligation. parties expressly agreed on it.
True (1230)

Question 7
The penalty is conjoint if the debtor shall False (1207)
pay the penalty in addition to his
performance of the obligation. False 
(1227)

Question 8
The obligation shall be divisible if it can be
performed partially.

True (1223)

Question 9
If the debtor pays to a solidary creditor
who made the demand, the obligation
shall be extinguished. True  (1214)

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