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WorksheetsOBLICON MTE Introduction to 1230
Total questions: 205
Worksheet time: 2hrs 43mins
Rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefit.
Law
Contract
Quasi-contract
Delict
A charactistic of law that means it is a system of action and how we behave or act in the society.
Law
Rule of conduct
Just and obligatory
Contract
A characteristic of law that means it is fair to all and mandatory or compulsory.
Rule of conduct
Just and obligatory
Promulgated by legitimate authority
And of common observance and benefit
A characteristic of law wherein it means that it is created by the Executive.
Rule of conduct
Just and obligatory
Promulgated by legitimate authority
And of common observance and benefit
A characteristic of law that means everybody has to comply because nobody is exempted from the law. We have law to have order in a society.
Rule of conduct
Just and obligatory
Promulgated by legitimate authority
And of common observance and benefit
It is the synonym of state law.
Civil law
Adjective law
Substantive law
Criminal law
It is the highest law of the land.
Constitution
Supreme court
Jurisprudence
Legislative
It is created by the Legislative.
Administrative orders, rules, and regulations
Taxation
Executive orders
Enacted or Statute Law
It is what the decisions of Supreme Court called.
Judicial decisions / Jurisprudence
Stare Decisis
Legislation
Constitution
It is the effect of the decisions of Supreme Court.
Jurisprudence
Substantive
Remedial
Doctrine of Precedent / Stare Decisis
These are the sources of law except:
Constitution
Legislative
Legislation
Jurisprudence
It is the branch of the government that creates the laws.
Executive
Judiciary / Judicial
Legislative / Congress
Legislation
It is the branch of the government that enforces the laws.
Executive
Judiciary / Judicial
Legislative / Congress
Legislation
It is the branch of the government that decides the laws.
Executive
Judiciary / Judicial
Legislative / Congress
Legislation
It is the highest court of the land.
Regional Trial Court
Court of Appeals
Supreme Court
MTC
These are the Independent Constitutional Commissions except:
Civil service commission
COMELEC
COA
RTC
It is an administrative body that creates and implements the laws.
Quasi-Legislative
Quasi-Judiciary
Quasi-Contract
Quasi-Delict
It is an administrative body that implements and decides the laws.
Quasi-Legislative
Quasi-Judiciary
Quasi-Contract
Quasi-Delict
It is a classification of the law as to its purpose that creates and defines the right and duties of the parties.
Adjective
Remedial
Substantive
Public
It is a classification of the law as to its purpose that is the cure or remedy of the parties.
Substantive
Adjective / Remedial
Public
Private
It is a classification of the law as to its subject matter that regulates the state and the people.
Adjective
Substantive
Public
Private
It is a classification of the law as to its subject matter that is for purely private ends.
Substantive
Public
Private
Adjective
It is the title of the law.
Civil Code of the Philippines
Law
Republic Act
Constitution
It is the citation of the law.
Civil Code of the Philippines
RA 386
RA 345
RA 400
It is the date of effectivity of the law.
August 30, 1950
February 19, 1860
April 30, 1960
December 31, 1990
It is the Latin translation of "Ignorance of the law excuses no one from compliance therewith."
Nemo Est Suprema Lex
Ignorantia Legis Neminem Excusat
Dura Lex Sed Lex
Bonum Paterfamilia
It is the Latin translation of "No one is above the law."
Ignorantia Legis Neminem Excusat
Dura Lex Sed Lex
Bonum Paterfamilia
Nemo Est Suprema Lex
It is the Latin translation of "The law may be harsh but it is the law."
Ignorantia Legis Neminem Excusat
Bonum Paterfamilia
Nemo Est Suprema Lex
Dura Lex Sed Lex
It is a Juridical necessity to give, to do, or not to do.
Obligation
Contract
Law
Quasi-Contract
It is a Latin word that means tying or binding.
Obligacia
Obligat
Obligatio
Oblicon
It is an obligation to give or deliver.
Personal
Real
Civil
Natural
It is an obligation to do.
Positive Personal
Negative Personal
Civil
Natural
It is an obligation not to do.
Positive Personal
Negative Personal
Civil
Natural
A will give a specific car to B.
Personal obligation
Real obligation
Civil obligation
Natural obligation
A promised to sing to B.
Real obligation
Positive Personal obligation
Negative Personal obligation
Civil obligation
A promised not to marry to B.
Real obligation
Civil obligation
Positive personal obligation
Negative Personal obligation
It is a positive law and can be enforceable or demandable.
Civil obligation
Real obligation
Personal obligation
Natural obligation
It is an equity and natural law and cannot be demanded.
Real obligation
Natural obligation
Civil obligation
Personal obligation
It is the statute of limitations or called as expiration in layman's term.
Prescription
Time
Due date
Meager
The prescription of a written contract in years.
6
4
1
10
The prescription of an oral contract in years.
10
6
4
1
A loaned P9000 from B on October 1, 2000, provided that there is a written contract made with a due date on November 30, 2000. What is the obligation present on December 31, 2005?
Natural
Civil
Real
Personal
A loaned P9000 from B on October 1, 2000, provided that there is a written contract made with a due date on November 30, 2000. What is the obligation present on December 31, 2020?
Real
Personal
Civil
Natural
These are essential requisites of Obligation except:
Creditor
Debtor
Third Party
Prestation
An essential requisite of Obligation that can demand the obligation.
Debtor
Creditor
Prestation
Juridical Vinculum
An essential requisite of Obligation that performs or pays the obligation.
Creditor
Debtor
Prestation
Juridical Vinculum
An essential requisite of Obligation that is the subject matter of obligation.
Creditor
Debtor
Prestation
Juridical Vinculum
An essential requisite of Obligation that is the reason or binds of the obligation.
Creditor
Debtor
Prestation
Juridical Vinculum
It is the one who has the right to complain or file a case.
Right
Wrong
Plaintiff
Defendant
It is the one who is supposed to do the obligation but did not do it.
Right
Wrong
Plaintiff
Defendant
These are the sources of obligation except:
Law
Contracts
Quasi-contracts
Delict
Ordinary
It arises from lawful, voluntary, and unilateral acts.
Law
Contracts
Quasi-contracts
Quasi-delict
These are kinds of Quasi-Contract except:
Negotiorum Gestio
Delict
Solutio Indebiti
It is when the third person manages the property without the consent of the owner.
Solutio Indebiti
Negotiorum Gestio
Quasi-delict
Contract
It is when you received a payment by mistake from someone.
Solutio Indebiti
Negotiorum Gestio
Civil
Criminal
These are acts or omissions punishable by law.
Quasi-delict
Delict
Contract
Quasi-contract
Every person criminally liable is not civilly liable.
True
False
These are the kinds of liabilities of Delict except:
Civil
Administrative
Criminal
When there is no contract but there is damage caused due to negligence.
Quasi-delict
Quasi-contract
Contract
Delict
It is the contract between the driver and passenger.
Common carrier
Common carriage
Common contract
Contract
Obligations are not presumed.
Civil
Natural
Legal
Penal
Obligations arising from contracts have. the force of law between the contracting parties and. should be complied with in good faith.
Legal
Penal
Civil
Contractual
These are scopes of civil liability except:
Reparation
Restitution
Unjust enrichment
Indemnification
These are the basic obligations of the thing except:
To preserve and take good care of the thing
To deliver the thing including the fruits
To deliver all accessions and accessories
To confine to a particular class
It is a thing that is determined by its class and can be replaced.
Generic
Determinate
Specific
Ordinary
It is a thing that is determined by its individuality and cannot be replaced.
Generic
Determinate
Right
Ordinary
It is the EXCEPTION of a generic thing wherein it is confined to a particular class.
Limited determinate thing
Limited specific thing
Limited generic thing
Limited Ordinary thing
A promised to give B a Red Honda car.
Generic
Specific
Civil
Natural
A promised to give B a Black Mitsubishi with a plate no. XYZ 123.
Generic
Specific
Civil
Natural
It is the highest or utmost diligence.
Ordinary
Extraordinary
Slight
Meager
It is the diligence required by the law.
Extraordinary
Ordinary
Slight
Meager
These are the diligence required except:
By provision of law
By stipulation of parties
By the interest
In the absence of both, apply DGFF
Meaning of DGFF
(a)
It is the right given that is demandable from a specific person.
Real
Personal
Right to the Fruits
Civil
It is the right given that is demandable against the whole world.
Real
Personal
Right to the fruits
Civil
These are the Right to the Fruits except:
Natural
Industrial
Personal
Civil
It transfers ownership.
Time
Person
Delivery
Fruits
A promised to deliver a specific pig to B on Friday. Supposed the pig gave birth to 5 piglets on Wednesday. What should be delivered to B on Friday?
The specific pig only
The 5 piglets only
Both the pig and 5 piglets
Nothing
A sold the specific pig to B on Monday and the delivery would be on Friday. Supposed the pig gave birth to 3 piglets on Thursday. What should A deliver on Friday?
The specific pig only
The 3 piglets only
Both pig and 3 piglets
Nothing
These are the remedies of the creditor in real obligation for a generic thing except:
Ask the debtor
Compel the debtor
Ask a TP
Ask for damages
These are the remedies of the creditor in real obligation for a specific thing except:
Ask the debtor
Compel the debtor
Ask for damages
Latin translation of "Genus Never Perishes"
(a)
There are fruits of a thing on additions to improvements of a thing.
Accessories
Accessions
Principal
Natural
There are things added to the principal thing of the latter's embellishment completion or use.
Accessions
Accessories
Principal
Natural
What is Principal?
It is more important and can stand alone.
It cannot stand alone.
It is void.
It is not important.
Latin translation of "Accessory follows the principal"
(a)
These are remedies in positive obligations except:
Ask the debtor
If the debtor refuses, ask a TP
Compel the debtor
Ask for damages
These are remedies in Negative obligation except:
Undoing of the forbidden thing plus damages
Doing the forbidden thing plus damages
If not possible, ask for damages
It is the delay when there is failure to pay on due date.
Delay
Illegal delay
Ordinary delay
Dolo
What is the general rule of delay?
No demand, no delay
No payment, no delay
None of the above
No one can be in delay
It is the delay on the part of the debtor to give.
Mora Solvendi Ex Persona
Mora Solvendi Ex Re
Mora Solvendi Ex Lege
Mora Solvendi Ex Contractu
It is the delay on the part of the debtor to do.
Mora Solvendi Ex Persona
Mora Solvendi Ex Re
Mora Solvendi Ex Lege
Mora Solvendi Ex Contractu
It is the delay on the part of the creditor.
Mora Solvendi
Mora Solvendi Ex Re
Compensatio Morae
Mora Accipiendi
It is the delay on both parties.
Mora Solvendi
Mora Solvendi Ex Re
Mora Accipiendi
Compensatio Morae
These are the requisites for delay except:
Ordinary delay
Extra-Judicial demand
Judicial demand
Failure to comply
Law
These are the exceptions of delay:
1. Law
2. Stipulation
3. Time is of the essence
4. Useless
5. ?
What is the missing exception?
Principal
Reciprocal Obligation
Fraud
Negligence
These are the instances when the debtor is liable to pay for damages except:
Delay
Fraud
Negligence
Ordinary
Breach
A kind of breach wherein it is prevented by a fortuitous event so you will not be liable to pay for damages.
Voluntary
Involuntary
Moral
Nominal
These are the kinds of damages except:
Temperate
Exemplary
Dolo
Nominal
Actual
It is a kind of fraud that is committed at the start, has a remedy of annulment, voidable contract, and aims to get the consent of the other party.
Fault
Dolo Causante
Dolo Incidente
Culpa
It is a kind of fraud that occurs after the creation of the obligation, has remedy of asking for damages, valid contract, and aims to violate or breach the obligation.
Fault
Dolo Causante
Dolo Incidente
Culpa
These are the kinds of Negligence except:
Culpa Contractual
Culpa Criminal
Culpa Aquiliana
Culpa Dolo
The fault of the employee is the fault of the employer.
Master and Servant Rule
Common Carrier
Culpa Aquiliana
Culpa Criminal
These are kinds of evidence except:
Proof beyond reasonable doubt
DGFF
Preponderance of Evidence
Substantial Evidence
It is when you are going to deny, relinquish, and give up a right.
Fraud
Negligence
Waiver
Culpa Criminal
These are what you can waive except:
Past Fraud
Future Fraud
Future Negligence
Past Negligence
It occurs when both parties are negligent but the negligence of the common carrier is the proximate cause of the accident.
Common carriage
Common carrier
Culpa criminal
Contributory negligence
These are the factors to be considered when a person is negligent except:
Nature of Obligation
Circumstance of person
Circumstance of time
Circumstance of place
Circumstance of payment
It is an event which cannot be foreseen or which though foreseen is inevitable.
Fortuitous event
Legal event
Illegal event
Natural event
These are kinds of Fortuitous event except:
Ordinary
Extraordinary
Acts of God
Acts of Man
Normal
What is the general rule of Fortuitous event?
Debtor is not liable; Obligation is extinguished
Debtor is liable; Obligation is not extinguished
Creditor is liable; Obligation is not extinguished
Creditor is not liable; Obligation is not extinguished
These are the exceptions in fortuitous event except:
Law
Stipulation
Reservation
Nature of the obligation requires the assumption of risk
It is when someone borrows a money or consumable thing.
Mutuum
Commodatum
Unconscionable
Usury
It is when someone borrows a non-consumable thing.
Mutuum
Commodatum
Unconscionable
Usury
These are the requisites of interest except:
Agreement
In writing
Lawful
Payment
These are kinds of Presumption except:
Conclusive
Disputable
Agreement
These are the Presumptions for the rules
1. Interest is paid ahead of the principal
2. Prior installments are first liquidated
Except:
Interest is already paid
Prior installment are already paid
Principal is already paid
These are the exceptions to the Presumptions except:
Subsidiary
Reservation
Taxes
Duly proven
If the receipt is dated but the month paid is not stated
These are the subsidiary remedies except:
Exhaust the properties of debtor
Accion Subrogatoria
Accion Pauliana
Exhaust the properties of creditor
Statement 1: Obligations are transmissible
Statement 2: Rights are not transmissible
S1 is incorrect
S2 is correct
Both are incorrect
Both are correct
These are the exceptions when rights are transmissible except:
If prohibited by law
If prohibited by stipulation of parties
If prohibited by debtor only
Not transmissible by nature
It is future and uncertain.
Condition
Period
Pure obligation
Simple obligation
It is future and certain.
Condition
Period
Pure obligation
Simple obligation
There is no condition and no period.
Condition
Period
Pure obligation
Simple obligation
These are the instances when obligation is demandable at once except:
Pure obligation
Resolutory condition
Resolutory period
Legal
If the condition is fulfilled, the obligation arises. It is demandable when suspended.
Suspensive
Resolutory
Divisible
Indivisible
If the condition is fulfilled, the obligation is extinguished. It is demandable at once.
Suspensive
Resolutory
Divisible
Indivisible
It is the effect of happening of suspensive condition.
Termination of rights
Acquisition of rights
It is the effect of happening of resolutory condition.
Termination of rights
Acquisition of rights
A promised to give a specific land to B if he will pass the CPALE. What kind of condition is present?
Resolutory
Suspensive
These are examples of duration of period that depends on the debtor except:
Little by little
From time to time
ASAP
When I am in a position to pay
When I want to pay
It is a condition that depends on the debtor or creditor.
Potestative
Casual
Mixed
Disjunctive
It is a condition that depends on third party or chance.
Potestative
Casual
Mixed
Disjunctive
It is a condition that depends on the third party and and chance.
Potestative
Casual
Mixed
Disjunctive
Only one condition will be fulfilled.
Casual
Mixed
Disjunctive
Conjunctive
All conditions will be fulfilled.
Casual
Mixed
Disjunctive
Conjunctive
All are valid except:
Condition depends on TP and chance
Condition depends on debtor
Condition depends on creditor
Condition depends on third party
Condition depends on chance
These are 2 kinds of Impossible Condition except:
Physically impossible
Legally Impossible
Illegally Impossible
What is the general rule of Impossible Condition?
Impossible Condition shall annul the obligation; both the obligation and condition are void
Impossible Condition shall void the obligation; both the obligation and condition are annulled
Impossible Condition shall continue the obligation; both the obligation and condition are valid
These are the exceptions of an Impossible Condition except:
Pre-existing obligation
Divisible
Indivisible
Negative
It is the effect of the Doctrine of Constructive fulfillment as the debtor voluntarily prevented the happening of the condition.
(a)
It is the effect of positive suspensive condition when time expires.
Obligation is extinguished
Debtor is not liable
Obligation becomes effective
Debtor is liable
It is the effect of positive suspensive condition when condition becomes indubitable.
Obligation is extinguished
Debtor is not liable
Obligation becomes effective
Debtor is liable
it is the effect of negative obligation when time elapsed.
Obligation is extinguished
Debtor is not liable
Obligation becomes effective
Debtor is liable
It is the effect of negative obligation when it is evident that event cannot occur.
Obligation is extinguished
Debtor is not liable
Obligation becomes effective
Debtor is liable
There is NO retroactive effects of the fulfillment of suspensive condition on the following except:
To give
To do or not to do
Reciprocal obligation
Unilateral
There is no retroactive effects of the fulfillment of Resolutory condition on the following:
1. To give
2. To do or not to do
True
False
These are the requisites for application of 3 Kinds of loss:
1. It must be an obligation to give
2. It must be specific
3. It must be subjective to suspensive condition
4. There is loss, deterioration, or improvement
5. Pending a fulfillment of a suspensive condition
True
False
Loss of thing without debtor's fault
Is debtor liable?
Yes
No
Loss of thing through debtor's fault
Is debtor liable?
Yes
No
Deterioration of thing without debtor's fault
Is debtor liable?
Yes
No
Deterioration of thing through debtor's fault
Is debtor liable?
Yes
No
Improvement of the thing by nature or by time
To whom the increase will go?
Debtor
Creditor
TP
Improvement at the expense of the debtor
What is the right of debtor?
Right of usufructuary
Right of rescission
Right of fulfillment
These are kinds of Obligation according to the person obliged except:
Unilateral
Bilateral
Active
What are the remedies in Reciprocal obligation?
Specific performance + damages or rescission + damages
Ask the debtor
Ask for damages only
It is understood to be that which must necessarily come although you do not know when will it come.
Period
Condition
Day certain
Suspensive
These are kinds of period except:
Legal, conventional, judicial
Definite, indefinite
Suspensive, Resolutory period
Condition
What can the debtor recover before due date?
Principal only
Principal and interest
Interest only
Nothing
What can the debtor recover after due date?
Principal only
Principal and interest
Interest only
Nothing
What is the general rule for the Presumption as to the benefit of the period?
Period is for debtor only
Period is for creditor only
Period is for both parties
Period is for TP only
For the benefit of the debtor
EXCEPT:
On or before
Within
No interest
Collectible/on demand
For the benefit of creditor
EXCEPT:
Collectible/on demand
Collectible on or before
Within
The general rule is the court cannot fix the period because the parties should fix it.
True
False
As exception, the Court can fix the period when:
1. Intended by the parties
2. Duration of the period depends on debtor
3. Whenever his means to do so
True
False
Instances of debtor when the obligation becomes pure:
1. Insolvent
2. Does not furnish the guaranty
3. Own acts he has impaired or Fortuitous event
4. Violates the undertaking
5. Attempts to ascond
True
False
These are kinds of Obligation according to object except:
Simple
Compund
Collective
These are the kinds of compound except:
Simple
Conjunctive
Distributive
These are kinds of distributive except:
Alternative
Facultative
Conjunctive
It is the effect of the communication of choice in alternative obligation.
It becomes simple obligation
It becomes void
It is becomes extinguished
What are the remedies of debtor in debtor's choice + creditors fault?
Choose remaining + damages or Rescission + damages
Value of LAST THING which disappeared + damages
Choose remaining + damages or Price of that which disappeared + damages
Price of any one of them + damages
What is the basis of Indemnity for debtor's choice + debtor's fault?
Value of the last thing which disappeared + damages
Price of any one of them + damages
What are the remedies of creditor in creditors choice + debtor's fault?
Choose remaining + damages or Price of that which disappeared + damages
Choose remaining + damages or Value of the last thing which disappeared + damages
In Facultative obligation, what is due before substitution?
Principal
Substitute
Both principal and substitute
In Facultative obligation, what is due after substitution?
Principal
Substitute
Both principal and substitution
These are kinds of Obligation according to number of parties except:
Individual
Collective
Compound
These are kinds of Collective:
Joint
Solidary
True
False
These are synonyms of Joint except:
Mancomunada
Conjoint
Prorata
Proportionate
Jointly and severally
These are kinds of Solidarity (parties) except:
Active
Solidarity
Mixed
Prestation
These are the kinds of Solidarity (source) except:
Conventional
Legal
Real
Ideal
The creditors can demand from one debtor the entire amount to be paid because it is solidary. This is possible because of?
Mutual Agency
Mutual Guaranty
Mutual Agreement
Mutual Contract
The debtors can pay the entire amount to one creditor because it is solidary. This is possible because of?
Mutual Agency
Mutual Guaranty
Mutual Agreement
Mutual Contract
It cannot be divided because it will lose it essence.
Divisible
Indivisible
Joint
Solidary
Talks about the thing, obligation and prestation. Only the debtor guilty of breach is liable to pay damages. It can exist although there is debtor and creditor.
Solidarity
Indivisibility
Divisibility
Joint
It refers to the parties. All debtors are liable. There must be at least 2 debtors and 2 creditors. Plurality of subjects are needed.
Solidarity
Indivisibility
Divisibility
Joint
Solidarity cannot exist although the parties are bound by different periods, condiions, and manners.
True
False
Statement 1: Prejudicial is not allowed.
Statement 2: Beneficial is allowed.
S1 is incorrect
S2 is correct
Both are correct
Both are incorrect
Statement 1: Assignment is to co-creditor is allowed.
Statement 2: Assignment is to TP is not allowed.
S1 is incorrect
S2 is correct
Both are correct
Both are incorrect
The creditor has a right to proceed against any Solidary debtor if the obligation is not yet fully paid.
True
False
These are exceptions for the general rule (Reimbursement after payment) except:
Prescription
Illegal payment
Remission
When there is payment then remission, the debtors can reimburse from?
Solidary debtors
Creditor
TP
No one
When there is Remission then payment, the debtors can reimburse from?
Solidary debtors
Creditor
TP
No one
Rules in case thing is lost or prestation becomes impossible:
1. Loss in w/out fault and before delay
2. Loss in due to the fault of Solidary debtor
3. Loss w/out fault but after delay
True
False
Defenses:
1. Defenses derived from nature of obligation
2. Defenses personal to or w/out pertain to share of debtor
3. Defenses personal to other Solidary debtor
True
False
These are kinds of division except:
Qualitative
Quantitative
Ideal / intellectual
Legal
These are kinds of Indivisibility except:
Real
Legal
Conventional
Natural
Its meaning is "as much as the person deserves"
Principle of Quantify
Principle of Quantum Meruit
Principle of divisibility
None of the above
An obligation becomes Divisible according to the following except:
Execution of certain no. of days
According to work by metrical units
Obligation without by this nature are susceptible of partial performance
According to amount of principal
These are purposes of Penal Clause except:
Ensure performance
Punish the debtor
Liquidate the damages
Punish the creditor
An accessory undertaking attached to the principal obligation.
Obligation
Obligation with Penal clause
Penal clause
Principal
These are the exceptions to the general rule (Only the stipulated penalty is recoverable in case of breach) except:
Stipulation
Obligor's refusal to pay penalty
Obligor's fraud
Creditors fault
What proof is necessary to be able to demand penalty?
Proof of actual damages
Proof of violation
Proof of damage
Proof of penalty
These are the exceptions to the general rule (Court cannot reduce the Penal clause) except:
Partial/irregular performance
Complete performance
Penal clause is iniquitous/unconscionable
If the Penal clause is void, the principal remains.
True
False
If principal is void, then Penal Clause is also void.
True
False
