Deck 10: Legal Obligations and Their Application

Question 1

The rule that once a criminal action is filed the civil action is suspended is absolute.

A)True
B)False
C)None of the above
D)all

Answer 1

False

Question 2

When "A" promises to deliver to "B" one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.

A)True
B)False
C)None of the above
D)all

Answer 2

True

Question 3

When "A" promises to deliver to "B" any car, he has the obligation to preserve his car with due car.

A)True
B)False
C)None of the above
D)all

Answer 3

False

Question 4

The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

A)True
B)False
C)None of the above
D)all

Question 5

In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.

A)True
B)False
C)None of the above
D)all

Question 6

There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.

A)True
B)False
C)None of the above
D)all

Question 7

A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

A)True
B)False
C)None of the above
D)all

Question 8

A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.

A)True
B)False
C)None of the above
D)all

Question 9

The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.

A)True
B)False
C)None of the above
D)all

Question 10

The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.

A)True
B)False
C)None of the above
D)all

Question 11

The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.

A)True
B)False
C)None of the above
D)all

Question 12

An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.

A)True
B)False
C)None of the above
D)all

Question 13

An obligation where the period of payment is subject to the will of the debtor or obligor is void.

A)True
B)False
C)None of the above
D)all

Question 14

The court can fix the period when the obligation is subject to the sole will of the debtor.

A)True
B)False
C)None of the above
D)all

Question 15

An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.

A)True
B)False
C)None of the above
D)all

Question 16

If an injured party in a contract has demanded rescission, he later may ask for performance. However, of he seeks performance, he can no longer seek for rescission of the contract.

A)True
B)False
C)None of the above
D)all

Question 17

The court may fix the period of payment when the duration depends upon the will of the debtor like in: "When my means permit me to do so", or "as soon as possible", or "as soon as I have money"

A)True
B)False
C)None of the above
D)all

Question 18

A debtor shall lose every right to make use of the period when he attempts to abscond.

A)True
B)False
C)None of the above
D)all

Question 19

In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.

A)True
B)False
C)None of the above
D)all

Question 20

When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.

A)True
B)False
C)None of the above
D)all

Question 21

A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.

A)True
B)False
C)None of the above
D)all

Question 22

When do laws take effect?

A)Upon approval by the President.
B)After 15 days following the publication in the Official Gazette or in a newspaper of general circulation.
C)After 15 days following its posting in the website of Congress considering the advances in science and technology.
D)After 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation and furnishing the UP Law Center with a copy unless it is otherwise provided.

Question 23

In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?

A)It will grant the petition because the law is mandatory with the use of the word "must".
B)It will grant the petition because of the retroactivity of the law.
C)It will deny the petition because the retroactivity of the law will impair vested rights. (Rep v. Toledano)
D)It will deny the petition because of the doctrine of immutability of judgment.

Question 24

The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?

A)I would arrest him because he is committing a crime.
B)I would arrest him because penal laws are binding upon all those who live or sojourn on Philippine territory.
C)I will not arrest him after identifying himself because of his immunity which is an accepted principle of international law. (Art. 14, NCC)
D)I will arrest him because nobody is above the law.

Question 25

A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?

A)The will is void because it is not in accordance with Philippine law.
B)The will is valid because of the doctrine of lex loci celebrations.
C)The will cannot be admitted to probate because the same has yet to be probated abroa