1.

A wrong committed independent of a contract and with criminal intent

• Culpa aquillana
• Culpa criminal
• Quasi-contract
• Culpa contractual

2. The duty not to recover what has been voluntarily paid although payment was no longer required:
• Moral obligation
• Natural obligation
• Civil obligation
• None of the above

3. The following are the sources of an obligation, except:

• Contract
• Quasi-delict
• Prestation
• Law

4. It refers to certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly
enriched or benefited at the expense of another
• Contract
• Quasi-delict
• Law
• Quasi-contract

5. Whoever voluntarily takes charge of the agency or management of the business or property of
another, without any power from the latter, is obliged to continue the same until the termination of
the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a
position to do so
• Negotiorum gestio
• Solutio indebiti
• Quasi-delict
• Quasi contract

6. In delict or acts or omissions punished by law, what is not included in civil liability?
• Reparation of the damaged caused
• Indemnification for consequential damages
• Restitution
• Interest

7. D owes CP200,000 but the debt had already prescribed. If D, knowing that it has prescribed,
nevertheless paid C, he cannot later on get back what he voluntarily paid C. This is an example of a
• Moral obligation
• Natural obligation
• Civil obligation
• Personal obligation

8. I. The object of civil law is the redress of wrong by compelling compensation or restitution
II. In case of crimes, the main object of the law is to punish the wrong doer
• Only I is true
• Only II is true
• Both are true
• Both are false
9. X by mistake delivered to A and B a sum of money which should have been delivered to C and D.
X now demand the return of the same from A and B. The liability of the latter for the sum of money
to which they are not entitled shall be
• A and B shall be liable jointly
• X has no right to recover
• They are not liable
• A and B shall be liable solidarily

10. It is one of the essential elements of an obligation

• A drawee
• A maker or drawer
• An object or prestation
• Money

11. A wrong committed independent of contract and without criminal intent is

• Culpa contractual
• Quasi-contract
• Culpa aquiliana
• Delict
• None of the above

12. The officious manager or gestor in liable for any fortuitous event, except
• If he has undertaken risky operations which the owner was accustomed to embark upon.
• No, if he assumed the management in bad faith.
• If he fails to return the property or business after demand by the owner
• If he has preferred his own interest to that of the owner.

13. Daryl is the driver of the passenger bus which is owned and operated by Oani. While Daryl is
driving said bus, it met an accident through his negligence where Prats, a passenger, was injured.
Daryl is liable to Prots for damages which arises from
• Law.
• Quasi-contracts
• Contracts
• Culpa contractual
• Crime

14. A mango tree in the land of Osni is reclining towards the road. All of a sudden, without a storm
or an earthquake or even a strong wind, the tree fell hitting a car belonging to Yassie causing a
P20,000 damage. The liability of Osni to Yassie arises from
• Law
• Quasi-contracts.
• Quasi-delict
• Contracts
• Crime

15. When a thing is designated merely by its class or genus without any particular designation or
physical segregation from all others of the same class
• Specific thing
• Determinate thing
• Indeterminate thing
• All of the above
16. It is a claim or title to an interest is anything whatsoever that is enforceable by law.
• Receivable
• Property
• Right
• Warranty

17. Obligation of the debtor to deliver a thing, movable or immovable, to the creditor
• Obligation to give
• Obligation to do
• Obligation not to give
• Obligation not to do

18. I. Negligence is the failure to observe that degree of care, precaution, and vigilance that the
circumstances justly demand.
Il. Negligence is the failure to observe for the protection of the interests of another person that
degree of care, precaution, and vigilance which the circumstances justly demand, whereby such
other person suffers injury
• Only I is true
• Only Il is true
• Both are true
• Both are false

19. It is juridical necessity to give, to do or not to do.

• Contract
• Law
• Obligation
• Memorandum of Agreement

20. It is a rule of conduct, just, obligatory, promulgate by legitimate authority, and of common
observance and benefit
• Law
• Contract
• Memorandum of Agreement
• Obligation

21. The obligation of the employer to pay death benefits and funeral expenses for his employee's
death while in the course of employment as sanctioned by the Workmen's Compensation Act is one
that arises from
• Law
• Contracts
• Quasi-contracts
• Answer not given

22. Al has been missing for sometime leaving no one to manage his properties. Bo and Cyrus
jointly took charge of the management thereof. However, due to the fault of Bo, the properties of Al
were damaged. The liability therefore to Al for damages shall be
• Both shall be solidarity liable.
• They are not liable since Al is at fault for having abandoned his properties.
• Both shall be jointly liable.
• Only Bo shall be liable
23. Culpa aquiliana is distinguished from culpa contractual
• Proof of due diligence in the selection and supervision of employees is not available as a defense.
• Proof of the contract and of its breach and of its breach is sufficient prima facie to warrant recovery
• The negligence of the defendant is merely an incident in the performance of the obligation
• The source of liability is the defendant's negligent act or omission itself

24. There is no negotiorum gestio in one of these instances:

I. When the property or business is not neglected or abandoned.
II. If in fact the manager has been tacitly authorized by the owner.
• Only I is true
• Only II is true
• Both are true
• Both are false

25. A juridical relation known as negotiorum gestio takes place

• When a person voluntarily takes charge of another's abandoned business or property without the owner's
consent
•When something is received and there is no right to demand it and it was delivered through mistake
• When a person is appointed by a court to take the property or business of another
• None of the above.

26. It is one by which a party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong
• Special Proceeding
• Civil action
• Criminal action
• Administrative action

27. The three essential elements of a cause of action are the following except
• The act or omission of the plaintiff in violation of said legal right.
• The act or omission of the defendant in violation of said legal right.
• The legal right of the plaintiff
• The correlative obligation of the defendant

28. It is a juridical relation whereby a person may demand from another the observance of a
determinative conduct, and in case of breach, may demand satisfaction from the assets of the
latter.
• Contract
• Law
• Action
• Obligation

29. A civil liability which involves the return of the object of the crime whenever possible, plus
allowances for any deterioration or diminution of value as may be determined by the court to the
rightful owner
• indemnification
• restitution
• reparation
• imprisonment

30. All of the following except one are civil liabilities arising from crime.
• imprisonment
• reparation of the damaged caused
• restitution
• indemnification for consequential damages
31. Daryl owes Cris P100. By mistake Daryl pays Cris P1,000. Cris must return the P900. This is an
example of
• Natural obligation
• Solutio indebiti
• Negotiorum gestio
• Quasi-delict

32. Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. From perfection, the parties are bound not only to the
fulfillment of what has been expressly stipulated but also to all the consequences which according
to their nature, may be in keeping with good faith, usage and law. This is known as the principle of
• consensuality of contract
• consummation of contract
• mutuality of contract
• obligatory force of contract and compliance in good faith

33. I. An obligation is a power, privilege, or immunity guaranteed under a construction, statute or

decisional law or recognized as a result of long usage, constitutive of a legally enforceable claim of
one person against the other
II. For every right enjoyed by any person, there is a corresponding obligation on the part of
another person to respect such right.
• Only I is true
• Only II is true
• Both are true
• Both are false

34. I. An obligation "to do" includes all kinds of work or service

II. An obligation to give is a prestation which consists in the delivery of a movable or an
immovable thing
• Only is true
• Only Il is true
• Both are true
• Both are false

35. Where X voluntarily takes charge of the neglected business of Y without the latter's authority
where reimbursement must be made for necessary and useful expenses, there is a
• Quasi delict.
• Quasi contract
• Negotiorum gestio
• Solutio indebiti

36. It refers to an act or omission which causes damage to another, there being fault or negligence.
The parties has no pre-existing contractual relation
• Quasi-delict
• Negotiorum gestio
• Quasi-contract
• Solutio indebiti

37. A system of norms or rules of a character general and common which regulate the relations of
persons, Individual or collective, and which protects the person in his personality as well as his
interest both moral and patrimonial
• Criminal law
• Business law
• Taxation law
• Civil law
38. X has been missing for some time leaving no one to manage his properties A and B jointly took
charge of the management thereof. However, due to the negligence of A, the properties of X for
damages shall be
• Both shall be jointly liable
• Only A shall be liable
• Both shall be solidarily liable
• A and B are not liable

39. The following are requisites of quasi delict, except

•Connection of cause and effect between the fault or negligence of defendant an the damage incurred by
plaintiff.
• Damage suffered by defendant
• Fault or negligence of the defendant
• Damage suffered by plaintiff

40. It the act or omission by which a party violates a right of another

• Reason of action
• Motive of action
• Cause of action
• Source of action

41. It is a meeting of minds between two persons whereby one hinds himself, with respect to the
other, to give something or to render some service.
• Contracts
• Quasi-contact
• Law
• Quasi-delict

42. Three of the following are requisites of an obligation, Which is the exception?
• Passive Subject
• Prestation
• Delivery
• Efficient cause

43. Which of the following is not considered as quasi-contract?

• Solutio indebiti
• When the third person, without the knowledge of the debtor, pays the debt
• Negotiorum gestio
• Reimbursement due the person who saved property during fire or storm without the knowledge of the
owner
• None of the above

44. When Al voluntarily takes charge of the neglected business of Bo without the latter's authority
where reimbursement must be made for necessary and useful expenses, there is a
• Quasi-contract
• Quasi-delict
• Solutio indebiti.
• Negotiorum gestio

45. I. Obligation to do is also known as negative personal obligation.

II. Obligation not to do is otherwise known as positive personal obligation.
• Only I is true
• Only Il is true
• Both are true
• Both are false
46. Which of the following is not considered as quasi contract?
• Solutio indebiti
• Reimbursement due the person who saved from destruction the property during fire or storm without
knowledge of the owner
• When in fact manager has been tacitly authorized by the owner
• Negotiorum gestio

47. If something is received when there is no right to demand it, and it was unduly delivered
through mistake, the obligation to return it arises.
• Solutio indebiti
• Quasi-delict
• Quasi-contract
• Negotiorum gestio

48. The following are the essential elements of an obligation, except

• Creditor
• Juridical tie
• Presentation
• Debtor

49. When a thing is particularly designated or physically segregated from all other of the same class
• Specific thing
• Generic thing
• Indeterminate thing
• All of the above

50. Which of the following is not an obligation arising from law?

• Quasi-delict
• Contract
• Delict
• Quasi-contract