PATRIOTISM · LEADERSHIP · SERVICE · PROFESSIONALISM

PAMANTASAN NG LUNGSOD NG SAN PABLO

COLLEGE OF BUSINESS ADMINISTRATION

MIDTERM EXAMINATION IN BACC 3- OBLIGATIONS AND CONTRACTS

SECOND SEMESTER · AY 2022-2023

Document Title: Revision No.: Effectivity Date: Prepared by: Reviewed by: Approved by: No. of Pages:
Examination Template 3 October 7, 2022 CLAMDev – PRDA VPAA VPAA 2

NAME: MARY ROSE GELLOANO SCORE: _________________________________

PROGRAM/SECTION: BA-1G INSTRUCTOR: Sir Catalino
I. Definition. Define the following:
1. Law of Obligations and Contracts – It refers to what is legally required of each of the parties involved in a
contractual agreement
2. Obligation in Law –It is a tie or bond recognize by law virtue of which one is bound in favor or another to
render something.
3. Compliance in Good Faith – It means compliance or performance in accordance with the stipulations or terms
of the contract or agreement.
4. Contract– arise from , the stipulation of the parties
5. Quasi-Contract – is that juridical relation resulting from certain lawful, voluntary and unilateral acts by
virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or
benefited at the expense of another.
6.Solutio Indebiti– is the juridical relation which is created when something is received when there is no right to
demand it and it was unduly delivered through mistake.
7. Specific or Determinate Thing – when it is particularly designated or physically segregated from all others of
the same class.
8. Generic or Indeterminate –when it refers only to a class or genus to which it pertains and cannot be pointed
out with particularity.
9. Diligence of a Good Father of a Family –In obligations to give (real obligations), the obligor has the
incidental duty to take care of the thing due with the diligence of a good father of a family pending delivery.
10. Accessions– are the fruits of, or additions to, or improvements upon, a thing in house and etc

II. Enumeration:
1.What are the subjects of Law? Explain briefly.
1) 1.Divine law –Is the law of religion and faith which concerns itself with the concept of sin (contrasted
with crime ) and salvation.Divine law differs according to what one believes to have been established
and communicated to mankind by revelation. Its depends upon ones religious belief.
2) 2.Natural law–divine inspiration in man of the sense of justice , fairness and righteousness, not by
divine revelation or formal promulgation , but by internal dictates of reason alone
3) 3.Moral law–The totality of the norms of good and right conduct growing out of the collective sense of
right and wrong of every community. Moral law is not absolute, it varies with the changing times,
conditions or conditions of the people. Determination of what is right and wrong
4) 4.Physical Law –there are uniformities of actions and orders of sequence which are the physical
phenomena that we sense and feel
2. What are the Sources of Law?
1. Constitution
2 Legislation
3.Administrative
4.Judicial decisions
3. Give the Characteristics of Law.
1) It is rule of conduct
2) It is obligatory

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 3) It is promulgated by legitimate authority
4) 4.It is of common observance benefit
4. Give the Organization of Courts. Explain briefly each.
1) Regular Courts – The Philippine judicial system consists of a hierarchy of courts resembling a pyramid
with the supreme court at the apex.
2) Special Courts – It forms apart of the judicial hierarchy together with the court of Tax Appeals, a special
tax court created by law , on the same level as the Court of Appeals.
3) Quasi Judicial agencies –Administrative bodies under the executive branch performing quasi-judicial
functions .
5. What are the two divisions of Law?

1. Law in strict legal sense

2. Law in the non-legal sense

6. What are the duties of debtor in Obligation?

(1) To deliver a thing which is of the quality intended by the

Parties taking into consideration the purpose of the obligation and
Other circumstances

(2) To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or
contravention of the tenor thereof

7. Give the different kinds of fruits. Explain each.

(1) Natural fruits – are the spontaneous products of the soil, and the
Young and other products of animals, grass; all trees and plants on
Lands produced without the intervention of human labor.

(2) Industrial fruits– are those produced by lands of any kind

Through cultivation or labor.
(3) Civil fruits are those derived by virtue of a juridical relation,
e.g., rents of buildings, price of leases of lands and other property and
the amount of perpetual or life annuities or other similar income

III. Discussion:
1.What would life be without law?

Ever since I was born , I have become aware of how a one society works. The law provides rules for
people to follow and consequences for breaking it. It also protects individuals rights, property ,promotes
fairness and equality and especially helps to resolve all the conflicts. Thus life without law would be full
of chaotic,people can act as they pleased without consequences. That would lead to breakdown of
society ,with crimes ,violence and more.
2. Discuss the rule in case of doubt in Interpretation of Laws.
“In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended
right and justice to prevail” In a criminal case, the prosecution bears the burden of proving that the defendant is
guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other
reasonable explanation that can come from the evidence presented at trial.

3. Discuss how ownership is acquired.

Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate
and intestate succession, and in consequence of certain contracts by tradition delivery

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 Prepared by: Reviewed by: Approved by:

Catalino M. Malapascua, DBA (CAR) Alpha Beth U. Fofue, CPA Aida C. Sanchez-Almalvez, LPT,
(CAR)
Lecturer Department Chair, Taxation
Program Chair, BSBA

Noted:

Dr. Randall B. Pasco

Dean, CBA

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MIDTERM -Course Code and Description
CC: CENTER FOR LEARNING AND MATERIALS ASSESSMENT DEVELOPMENT