D owes C P100,000 by mistake d pays
P1million pesos C must return 900,000.
this is an example of:
Solutio Indebiti
The general rule is that subject to the
laws, all rights acquired in virtue of an
obligation are transmissible, if there has
been no stipulation to the contrary….
The officious manager or gestor is liable
for any fortuitous event, except:
Is correct
If he assumed the management in bad faith.
If he fails to return the property or business after
demand by the owner.
None of the above
If he has undertaken risky operations which the
owner was accustomed to embark upon
Anna and Bea, the parties to the
payment of the obligation stipulated
that on principal of Php 5000,00, the
debtor and his sureties would pay Php
1000.00 per day of delay after maturity.
Is this a valid clause?
If he has preferred his own interest to that of the
owner.
NO, because the the inclusion of penalty and/or
interest must be in a separate writing properly
attached to the principal contract.
NO, because if the Php 1000.00 a day per delay is
considered a penalty clause, it is immoral and
evidently unjust. It would be tantamount to a
repugnant despoliation and an iniquitous
deprivation of property.
YES, because there is already meeting of the minds
between Anna and Bea for the due execution and
fulfillment of the obligation regardless of the
inclusion of a penalty or interest clause
YES, because this is a just and fair penalty for the
delay
Which of the following is not considered
as quasi-contract?
three of the following are requisites of
an obligation which is the exception
A. Solution indebiti
B. When the third person, without the knowledge of
the debtor, pays the debt.
C. Negotiorum gestio
D. Reimbursement due the person who saved
property during fire or storm without the knowledge
of the owner.
E. None of the above.
Efficient cause
Prestation
Delivery
Whoever by act of omission causes
damage to another, there being fault
or negligence, is obliged to pay for the
damage done. Such fault or
negligence, if there is no pre-existing
contractual obligation between parties
is called a quasi-delict.
the duty to pay taxes and support one's
family are classified as
Passive subject
Party TRUE as long as the acts committed are not
covered by the Revised Penal Code.
Partly FALSE should there be no imminent danger
on the part of person causing the damage.
TRUE, because its basis is equity.
FALSE, because the Philippine jurisdiction does not
Conventional Obligation
Natural obligation
Civil Obligation
A passenger of a Jeep was hurt. A
criminal case was filed against the
driver, but the latter was acquitted. The
victim now sues the operator of the
Jeepney for culpa contractual. May
the suit still prosper?
A mango tree in the land of O is
reclining towards the road. Suddenly,
without a storm or an earthquake or
even strong winds, the tree falls heating
a car belonging to Y causing a P20,000
damage. The liability of O to Y arises
from
Legal Obligation
Yes, provided he can prove the negligence of the
driver.
No, this will constitute double jeopardy.
Yes, it is sufficient for him to prove the existence of
the contract of carriage and the injuries suffered.
No, this will constitute double jeopardy.
law
crime
quasi contract
quasi delict
contract
D is a driver of a passenger bus which is
owned and operated by O. While the is
driving said bus, it met an accident
through his negligence where P, a
passenger was injured. He is liable to
pay for damages which arises from
culpa contractual
law
crime
quasi delict
contract
A wrong committed independent of
cont
Quasi Contracts must have the
following requisites:
Lawful, voluntary and unilateral
Lawful, fungible and unilateral
Lawful, consensual and capacity
Lawful, benefit at the expense of another and
Antigua obliged himself to deliver a
specific cow o Braganza which will be
butchered and served to the latter's
guest on the occasion of his wedding
on June 20. On June 20, Antigua did
not deliver the cow. The following day,
It was killed due to a flood that
occurred in their place.
contractual capacity
Antigua is liable for the loss of the cow because he
was in delay
Antigua is obliged to replace the cow
Antigua's obligation has been extinguished.
Antigua’s is not liable
D obliged himself to give a specific
house to A on April 15, 2017. Stipulating
that D is liable even if the house is lost
through a fortuitous event, and without
the need of a demand. On the due
date, the house was destroyed by a
typhoon. Which of the following is
correct?
The obligation is totally extinguished.
Santana sold his ring to Benny for
P1,000. There was no agreement
regarding the delivery date and the
time of payment. Later, Santana
affected the delivery but Benny a failed
to pay the price. Is Benny in delay in
paying the purchase price?
No, the general rule provides "No demand, Na
delay".
A can compel D to deliver another house.
The obligation subsists but converted into money
consideration
A can require another person to deliver a house at
the expense of D.
No, unless there is a stipulation that demand is not
necessary.
Yes, if this involves reciprocal obligation.
Yes, if demand would be useless.
A is obliged to give B his only car on
September 1, 2017. On the said date, A
did not deliver. On September 2, 2017,
a flood completely destroyed the car. Is
A still liable?
No. Considering that no demand to deliver was
made by B and the specific thing was lost due to
fortuitous event, the obligation is extinguished.
s
Which is not a requisite needed in order
that obligation shall be extinguished by
the destruction of the thing due?
When the obligation is to deliver a brand-new
Hyundai Getz
When the obligation is to deliver the Bonnevie Bldg.
at 32 Ortega St. San Roque, Iriga City
The obligor is not liable for a fortuitous
event when
The object is determinate
He promised to deliver the same thing to two or
more persons who do not have the same interest
The object is generic
A borrower who uses the thing for a
purpose different from what it is
intended, delays its return, receives the
thing under the appraisal, lends it to 3rd
person, or save his property instead of
the thing borrowed shall be liable even
in case of fortuitous event, because:
D promised to deliver C 12 bottles of 1
Liter Fundador Brandy on April 25, 2017.
On April 25, 2017, D delivered to C 12
bottles Fundador but mixed its contents
with Emparador Lite. What right is
available to Ct?
There is default or more on his part
The law expressly so provides
The parties have expressly stipulated such liabilities.
The nature of obligation requires the assumption of
risk.
Answer not given.
Ask for damages on ground of dolo incidente
Ask for annulment or cancellation of the contract
on ground of dolo causante
Ask for damages on the ground of agua de
pataranta
Call his friends and ask them to drink the liquor
without
On August 5, 2017, Jose Dizon of
Legazpi City is obliged to give Robinson
Samia, Jose Dizon's red crew cab. There
was no delivery until April 15, 2017.
When the garage of the red crew cab
collapse due to heavy ash and sand
speed by Mount Mayon, the red crew
cab was totally destroyed. After the
crew cab was destroyed and lost, is
Jose Dizon still liable?
D obliged himself to give a specific car
to C on December 25, 2017. Stipulating
that D is liable even if the house is lost
through a fortuitous event, and without
the need of a demand. On the due
Yes, the obligation to deliver the crew cab is
changed to pay the equivalent value but because
Jose Dizon is in legal delay.
Yes, because the contract is perfected.
No, because there was no demand by Robinson to
deliver the crew cab and the specific object was
lost due to fortuitous event. The obligation is
extinguished.
No, even if Jose Dizon was already in default, he
could plead impossibility of performance.
The obligation is totally extinguished.
C can compel D to deliver another car.
The obligation remains converted into monetary
consideration
date, the car got lost to fortuitous
event. Which of the following is correct?
Dealino promised to deliver 50 sacks of
rice to Cardo on February 14, 2017. On
the same day, Cardo demanded the
delivery but Dealino did not comply
and all the sacks of rice stored in the
warehouse of Dealino got wet because
of the typhoon that occurred on
February 15.
C can require another person to deliver a car,
expenses chargeable to D
Dealino is obliged to pay damages because he
was already in default when the fortuitous event
occurred.
The obligation of Delaino is extinguished because
he cannot get another 50 sacks of rice from other
sources.
Dealino's obligation to deliver 50 sacks of rice is
extinguished because the cause of the loss is a
fortuitous event.
Dealino's obligation to deliver 50 sacks of rice is not
extinguished and he may be liable for damages
because he was in default
Shaolo sold to Racman a specific car
for P250,000 and promised to deliver on
November 30, 2017. The next day after
the sale has been made, he sold the
same car to Tiberio and delivered it to
Tiberio on the same day. If no delivery is
made by Shaolo to Racman on
November 30, 2017, which of the
following is correct?
Shaolo is not in default due to the absence of a
demand
Shaolo is not liable to Racman for the value of the
car plus damages
Shaolo is in default, even if there was no demand.
Hence, he will answer for damages.
Racman can cancel the contract between Shaolo
and Tiberio because the contact between him and
Shaolo was perfected ahead of Tiberio
Rey delivered his computer to Ryan for
repair. Despite repeated demands, no
work was done thereon. Eventually
Ryan returned the computer
unrepaired and cannibalized. Rey was
then constrained to have the computer
repaired by Tattao.
Rey can compel Ryan to comply with the
obligation.
Rey can proceed against Ryan for the value of the
missing parts only.
if Ryan repaired the compute but replaced the
defective parts with spare parts of interior quality.
Rey may ask Tattao to remove them and be
replaced with parts of average quality at the
expense of Rey.
Rey can proceed against Ryan for the cost of labor,
the needed materials for repairs and the value of
the missing parts.
Statement 1: The receipt of the
principal obligation without reservation
True, False
as to the payment of interest shall give
rise to the presumption that the interest
has been paid.
Statement 2: The receipt of the latter
installment of a debt without
reservation as to prior installment shall
not raise a conclusive presumption that
the prior installment is also paid.
Merlin obliged himself to deliver a
determinate pig to Jose on December
31, 2013. When the date of delivery of
the pig arrived, the pig has already
seven offsprings. Merlin should deliver:
Altura borrowed P100,000 from Bisaya
secured by a promissory note
undertaking to pay the loan on or
before December 20 of the current
year. Altura failed to pay the obligation
on the said date.
If the thing is determinate, the debtor
can be compelled to deliver the thing
promised and upon failure, the creditor
has a right to ask for damages.
If the object is generic and the debtor
does not comply with the obligation,
the creditor can ask a third person to
comply with the prestation at the
expense of the debtor, plus damages.
Dayanan binds himself to sell to
Gagatlun his car for P250,000." Which of
the following statements is false?
Unless the law or the stipulation of the
parties requires another standard of
care, every person obliged to give
something is also obliged to take care
of it with
No person shall be responsible for
events which could not be foreseen, or
which though foreseen, were
inevitable, EXCEPT:
the mother pig only
Altura is considered in default only after a demand
has been made by Bisaya.
Both statements are true.
If Dayanan delivers the car, Gagatlun will only be
in delay from the time demand has been made by
Dayanan.
Diligence of a good father of a family.
When the debtor is guilty of delay.
When the nature of the obligation requires the
assumption of risk.
When the law expressly provides for the debtor's
liability even in cases of fortuitous events.
When the subject of the obligation is a generic
thing.
All of the above.