The right of the creditor that is enforceable against a definite debtor is

Which of the following is a civil obligation? A, X obliges himself to pay Y ₱10,000 on December 30, 2025. B, A is a debtor of B for ₱20,000 due on September 30, 1995. C, The obligation of a husband and wife to observe fidelity. D, The obligation of a catholic to hear mass every Sunday.

Specific performance may not be possible in this civil obligation A, A, a painter, obliges himself to paint the portrait of B on April 9, 2025 B, C, a farmer, obliges himself to give his only cow to D on February 14, 2025 C, E, a veterinarian, obliges himself to give one of his dogs to F on May 1, 2025 D, G, a registrar of deeds, obliges himself to effect registration of H’s parcel of land on February 28, 2025.

The source of obligations which is a rule of conduct, just and obligatory, promulgated by legitimate authorities for common good, benefit and observance

A juridical necessity to give, to do or not to do

They give a right of action to compel their performance

The obligee has a right to enforce the obligation against the obligor in a court of law

This is based on equity and justice

The person in whose favor the obligation is constituted

Synonymous to obligee 1. Creditor 2. Active subject 3. Debtor 4. Passive subject

The person who has the duty of giving, doing or not doing.

Synonymous to obligor 1. Creditor 2. Active subject 3. Debtor 4. Passive subject

The object or subject matter of the obligation

The efficient cause or juridical tie why the obligation exists

The duty not to recover what has voluntarily been paid although payment was no longer required

The following are sources of obligations derived from law, except

Cannot be enforced by court action and depend exclusively upon the good conscience of the debtor.

A owes B P1,000. A, knowing that the debt has prescribed, nevertheless, still pays B. Can A recover what he voluntarily paid? First answer Yes, because B has no right to demand the payment effected by A. Second Answer No, the payment extinguished the natural obligation.

The duty to pay taxes and support one’s family are obligations arising from

The obligation of husband and wife to render mutual help and support arises from

A supports B, a minor, because B’s father refuses to support B. The father is obliged to reimburse A. The source of obligation is

A juridical relation resulting from a lawful, voluntary, and unilateral act and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another.

When a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority where reimbursement must be made for necessary and useful expenses.

When something is received when there is no right to demand it, and it was unduly delivered thru mistake, the recipient has the duty to return it.

- A quasi-contract is an implied contract. - A defendant who is acquitted in a criminal case is no longer liable civilly.

Tort or culpa aquiliana is

A fault or act or omission of care which causes damage to another, there being no pre-existing contractual relations between the parties.

Omission of the diligence which is required by the circumstances of person, place and time.

Unless the law or the stipulation of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with the proper diligence.

Ordinary diligence is

The creditor has the right to the fruits of the thing.

From the time the fruits have been delivered, the creditor shall acquire

If A sells to B a fountain pen, the giving by A to B of the fountain pen is

Items 35-39 A kind of constructive delivery whereby: There is delivery when the keys of a warehouse are given.

Items 35-39 A kind of constructive delivery whereby: There is delivery by mere consent or pointing out of an object.

A possessor of a thing not as an owner, becomes the possessor as owner.

A possessor of a thing as an owner retains possession no longer as an owner, but in some other capacity.

The opposite of brevi-manu

If a thing is capable of particular designation.

If a thing refers to a class, to a genus and cannot be pointed out with particularity.

A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses for medical attendance? Answer 1 – The husband, because it is his duty to support his wife and support includes medical attendance. Answer 2 – The parents, because they were the persons who brought the “wife” to the hospital.

The following are kinds of fruits of an obligation, except

Spontaneous products of the soil and the offspring and other products of animals

Products of the soil through cultivation or intervention of human labor.

Fruits arising out of contracts- like rental payments.

When does the obligation to deliver arise? Answer 1 - If there is no term or condition, then from the perfection of the contract. Answer 2 - If there is a term or condition, then from the moment the term arrives or the condition happens.

A is obliged to give B 10 kilos of sugar, which of the following is not correct?

Where demand by the creditor shall be necessary in order that delay may exist.

Debtor’s default in real obligation.

Debtor’s default in personal obligation.

Default on the part of the creditor

Default on the part of both parties.

A borrowed money from B payable on December 10, 2008. If A failed to pay on due date, will A be in delay?

Damages awarded for mental and physical anguish.

Damages awarded to vindicate a right.

Damages awarded to set an example.

When the exact amount of damages cannot be ascertained.

Damages determined beforehand.

A obliged himself to deliver to B the following: 1) 2024 Sing-It Yamaha Organ 2) Magalona passenger jeepney with engine No. 69 and chasis No. 88 First Statement - In case A failed to deliver the 2024 Yamaha Organ, the court may compel A to deliver the 2024 Yamaha Organ plus damages Second Statement - In case A failed to deliver the jeepney, the court may compel A to deliver the jeepney plus damages.

I - If a person obliged to do something fails to do it, the same shall be executed at his cost. II - Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor threof, are liable for damages.

I - Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for fraud is void. II - If the law or contract does not state the diligence which is to be observed in the performance of an obligation, that which is expected of a father of a good family shall be required.

I - The receipt of a later installment of a debt without reservation as to prior installments, shall give rise to a rebuttable presumption that such installments have been paid. II - If a taxpayer pays his income tax liability for the current year, there is a presumption that tax liability for the previous year has been paid.

With regard to the right as to the fruits of the thing, which is not correct?

A is obliged to deliver his only car to B on November 20, 2025. If A does not deliver, and on November 22, 2025, a typhoon destroys the car.

I - When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor. II - The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.

What is the basis of the liability of a school when a student is stabbed inside the campus by a stranger in the school?

The following except one, are included in civil liability. The exception is

The thing itself shall be restored, as a rule

The court determines the amount of damage taking into consideration the price of the thing and its sentimental value to the injured person.

The consequential damages suffered by the injured person and those suffered by his family or third person by reason of the act.

Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors.

A borrower agreed, that in case of non-payment of his debt, to render services as a servant. Which of the following is not correct? A- If the services will be rendered in satisfaction of the debt, the stipulation is valid. B - If the services will be “for free”, the stipulation is void for being contrary to law and morals. C- If the services will not be gratuitous, specific performance of the service will be the proper remedy in case of non-compliance. D- Should there be a valid stipulation as regards the rendition of services, an action for damages should be brought in case of non-compliance.

A ordered B, a 10 year old boy to climb a high and slippery mango tree with a promise to give him part of the fruits. B was seriously injured when he fell while climbing the tree. Is A liable? First Answer - No, because no person shall be responsible for fortuitous events. Second Answer – Yes, because A is negligent in making the order without taking due care to avoid a reasonable foreseeable injury to B.

A pays for B’s transportation fare, without B’s knowledge and later discovers that B was entitled to half-fare. Which is not correct?

A borrowed $$P100{,}000$$ from B. The loan was secured by a mortgage of A’s land in favor of B. Without the knowledge of A, C paid B the sum of $$P100{,}000$$ for A’s debt. As a result

When the debtor of a debtor is ordered not to pay the latter so that preference would be given to the latter’s creditor.

A obtained a loan from B bank. The loan was embodied in several promissory notes. As security the borrower executed a chattel mortgage on his standing crops. Said crops were however subsequently destroyed by typhoon “Rosing”. Is A still liable for the loan despite the destruction of the crops by a fortuitous event? 1st Answer - Yes, the obligation of A was to deliver a generic thing – money. 2nd Answer – No, the obligation was to deliver determinate things – the standing crops.

A sold a half-interest in his specific car to B. It was agreed that the price to be paid by B would be used in installing a new engine on the car. Later, the car was destroyed by a fortuitous event. Is B’s obligation to pay the price extinguished? 1st Answer - Yes, there is no more use of installing a new engine since the car has already been destroyed by a fortuitous event. 2nd Answer - No, B must still pay because his obligation to pay is in generic.

I – A commits the crime of theft and is asked to return the car to its owner B. If, before the car is delivered to B it is destroyed by a fortuitous event, is A’s liability extinguished? II – Using the above statement, A had previously asked the owner to accept the car, but the owner without any justifiable reason refuses to accept the car, and it is destroyed by a fortuitous event, is A’s liability extinguished?

I - There is no delay in an obligation not to do something. II - Solutio indebiti and negotiorum gestio are implied contracts.

I - Consent of the parties is required in quasi-contract. II - The creditor acquires real rights over the thing from the time the obligation to deliver arises.

The creditor has a right to the fruits of the thing from the time

The buyer has a right to the fruits of the thing from the time

Which is not considered as quasi-contract?

No longer enforceable by court action but is binding on the party who oblige with it in conscience is

If A pays a debt that has prescribed 1. Not knowing it has prescribed, A can recover on the ground of undue payment. 2. Knowing it has prescribed, A cannot recover for this would be a case of natural obligation.

On June 24, 2025 A is obliged to give B his specific car. There was no delivery until June 30 when the garage of the car collapsed due to heavy rain and strong winds of Typhoon Ondoy, and the car was totally destroyed. Is A still liable?

This obligation is demandable at once when it

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be with a

A promise to give B his Volvo car if B passes the CPA Board Exams. Pending the results of the exams, the car is destroyed by a fortuitous event without any fault on the part of A. As a result

A period with a suspensive effect.

A period with a resolutory effect.

The obligation begins only from a day certain or upon the arrival of said period.

The obligation remains valid up to a time certain but terminates upon the arrival of said period.

Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable.

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit

This is a valid obligation.

Where two or more prestations have been agreed upon but only one is due, the obligation is

Using the preceding number, the right of choice, belongs

A delivered his bracelet to B for B’s necklace. No written agreement was signed by the parties. Which of the following is appropriate description of the contract between A and B?

They are the elements that are found in certain contracts and are presumed to exist unless set aside by the parties

They refer to the elements that may be stipulated by the contracting parties

The following are some accidental elements of a contract of sale, except

A contract where the cause with respect to each contracting party is the prestation or the promise of a thing or service by the other is

A contract where one party receives no valuable consideration and the cause is the liberality of the benefactor is

A delivered his van to B for the latter’s use for one week without any compensation. The cause of the contract is

The principle that contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, moral, public policy and public order, refer to the principle of

The following instances will render an offer ineffective before acceptance is conveyed. Which one will not? When one of the parties

The following statements pertain to the cause of a contract. Which statement refer to motive?

The bargaining point, that is, when negotiation is in progress (stage in the life of a contract)

The meeting of minds regarding the object and cause of the contract (stage in the life of a contract)

The point where the parties have performed their respective obligations and the contract is terminated

When there is concurrence of offer and acceptance, there is

An absolutely simulated or fictitious contract is

A sold to B his cow for ₱5,000. No date is fixed by the parties for the performance of their respective obligations. The obligation of A is

A owes B ₱10,000 due on March 10, 2025. A owes B ₱8,000 due on March 11, 2025. A obliged himself to deliver to B a cow valued at ₱6,000 on March 12, 2025. On March 13, 2010, A paid B ₱10,000. If A makes an application of payment,

A contract where both contracting parties are incapable of giving consent is

The conception of a contract is when

Contract which has no effect at all

Contract which can not be ratified

If mistake, fraud, accident or inequitable conduct has prevented a meeting of the minds of the parties to a contract, the proper remedy is

A sold his land to B. The sale was made orally. B paid the agreed price. B wanted to have the sale registered but he needs a public instrument. Which is correct?

A is the guardian of B, a minor. B sold A’s land in writing to C valued at ₱1,000,000 for ₱700,000. The sale is (stage in the life of a contract)

Although validly agreed upon, courts can nullify this contract because of damage to one of the parties or to a third person and its enforcement may cause injustice by reason of some external facts

A contract where the fulfillment is dependent upon the chance, so the values may vary because of the risk or chance.

A clause providing that the mortgagee will automatically own the property mortgaged if the debt is not paid at maturity is

The contract must bind both contracting parties

Not a characteristic of contract

Contracts are generally effective only between the parties, their assigns and their heirs

A stipulation in favor of a third person

Not a requisite of stipulation pour autrui

The following contracts are not perfected until the delivery of the object of the obligations, except

Pledge, deposit and commodatum are

Acceptance of an offer made by letter or telegram shall bind the offeror. From the time the

A contract where consent is given through mistake, violence, intimidation, undue influence or fraud is

The mortgagor will execute an instrument to transfer the ownership over the property mortgaged to the mortgagee if the debt is not paid at maturity is

A, B and C are jointly liable to D in the amount of P9,000. D assigns the entire credit to A. In this case

One is not a requisite needed in order that obligation shall be extinguished by loss or destruction of the thing due:

The obligation is demandable on the date of the obligation and shall continue to be in force up to the arrival of the day certain:

Characteristic of void contracts, except

Unless ratified, suits will not prosper if the contract is