Quiz 1

1. D owes C P200,000 but the debt had already prescribed.
If D, knowing that it has prescribed,

nevertheless paid C, he cannot later get back what he voluntarily paid to C. This is an example of
a ___________ (NATURAL OBLIGATION)
2. 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)
3. It is a claim or title to an interest is anything whatsoever that is enforceable by law (Right)
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 (Quasi-contract)
5. 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.)
6. It is a rule of conduct, just, obligatory, promulgate by legitimate authority, and of common
observance and benefit. (Law)
7. 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)
8. 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: (obligatory force of contract and compliance in good faith)
9. 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. (Solution indebiti)
10. l. The object of civil law is the redress of wrong by compelling compensation or restitution.
ll. In case of crimes, the main object of the law is to punish the wrong doer. (Both are true)
11. l. An obligation "to do" includes all kinds of work or service.
ll. An obligation "to give" is a prestation which consists in the delivery of a movable or an
immovable thing. (Both are true)
12. All of the following except one are civil liabilities arising from crime. (imprisonment)
13. The officious manager or gestor is liable for any fortuitous event, except: (If he has undertaken
risky operations which the owner was accustomed to embark upon.)
14. It the act or omission by which a party violates a right of another. (Cause of action)
15. 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. (Civil action)
16. 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. (Restitution)
17. Daryl is the driver of the passenger bus which is owned and operated by Osni. While Daryl is
driving the said bus, it met an accident through negligence where Prots, a passenger, was
injured. Daryl is liable to Prots for damages which arises from (Culpa Contractual)
18. Daryl owes Cris P100. By mistake Daryl pay Cris P1,000. Cris must return P900. This is an
example of ___________ (not natural obligation)
19. It is a juridical necessity to give, to do or not to do. (not law)
20. It is a juridical relation whereby a person may demand from another the observance of a
determinative conduct, and in any case of breach, may demand satisfaction from the assets of
the latter. (not contract)
21. Which of the following is not an obligation arising from law? (not Delict)
22. There is no negotiorum gestio in one of these instances:
l. When the property or business is not neglected or abandoned.
ll. If in fact the manager has been tacitly authorized by the owner. (Not Only I is true)
23. Three of the following are requisites of an obligation. Which is the exception? (not Passive
Subject)
24. Culpa aquiliana as distinguished from culpa contractual. (not The negligence of the defendant is
merely an incident in the performance of the obligation.)
25. It is one of the essential elements of an obligation. (not A maker or drawer)
26. l. 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.
ll. For every right enjoyed by any person, there is a corresponding obligation on the part of
another person to respect such right. (Only Il is true)
27. Al has been missing for some time 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 (not Both shall be jointly
liable.)
28. Obligation of the debtor to deliver a thing, movable or immovable, to the creditor. (not
Obligation to do)
29. A wrong committed independent of a contract and with criminal intent (not culpa aquiliana)
30. 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. (not determinate thing)

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1. D owes C P200,000 but the debt had already prescribed.

If D, knowing that it has prescribed,

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