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Prepare a few pages of yellowpad.

You can write back to back, provided the ink of


the pen you are using does not leave a stain on the back part of the yellowpad. If not,
then you must only write on the front part of the yellowpad. This must be submitted
by today. Failure to submit it by today would result to a deduction of 5 points per
day.

I. Enumeration (35 points)

1. What are the essential elements of an obligation? Enumerate them and give a
short description of each elements. (8 points)
2. What are the 3 forms of an obligation? Enumerate them. (3 points)
3. What are the kinds of obligation according to the subject matter? (2 points)
4. What are the 2 kinds of personal obligation? Enumerate and give a short
description then provide an example. (6 points)
5. What are the sources of an obligation? (5 points)
6. What are the kinds of quasi-contracts? (2 points)
7. What are the elements of solutio indebiti also known as “mistaken payment?”
(2 points)
8. What are the 3 scopes of civil liability? (3 points)
9. Enumerate 4 essential requisites of quasi-delict. (4 points)

II. Essay (50 points)

1. James and Tino entered into a contract. In their contract, they agreed upon
the following: (A) Tino is obliged to deliver a refrigerator to James (B) Upon
delivery of said item, James is required to pay. Tino has sent the refrigerator
at James’ house; however, despite several demands made by Tino, James still
refuses to pay.

Can Tino sue James in court for a cause of action and indemnity for the
refrigerator? (5 points)

2. In the said situation above, identify the passive subject, active subject, object,
and juridical/legal tie. (5 points)

3. Kalil drives his newly bought Mazda CX-5 car. He was too much of a show off,
wanting to brag to his friends that he could afford to have a car compared to
his friends who are all commuters. One day, Kalil drove his car negligently
and because of his negligence, he hits a 9 year-old girl who was walking on
the sidewalk of the street, inflicting upon her physical injuries.
What is he liable for? Explain briefly. (5 points)

4. Marc was convicted and sentenced to imprisonment by the court for the
crime of theft. In addition to whatever penalty that the court may impose,
what can Marc be ordered with? Explain briefly. (5 points)

5. 5. Luisa is having a tough day. She received a mail demanding her to pay for
her taxes, considering she has not paid at all for the past 3 months. Being
overly worried since she does not earn enough, she drove her car. Along her
way in Zapote road, she could not stop panicking. It made her drive
negligently. As a result, she bumped into a 7 year-old boy. The little boy was
killed. In shock, she called her neighbor to help her out; however, the
neighbor was too stubborn, thus making Luisa drive all the way back to Ayala
Alabang Village. She called out her neighbor a few times, but they were not
responding. As a result, she angrily took some stones and started throwing it
on the door. She grew too impatient and thus, she accidentally broke the
neighbor’s front car window from throwing a stone.

What is Luisa liable for? Explain briefly. (10 points)

6. Danielle saw at about 1:00pm in the afternoon a child alone in a shopping


mall. The child who strayed away from Joan, his mother, was in tears and
appeared very hungry. Out of pity, Danielle took him to a restaurant to eat for
which she spent 200 pesos. Joan did not give her consent to the good dead of
Danielle. Furthermore, they were on their way home before the child got lost.

Is Danielle entitled to be reimbursed by Joan for the amount of 200 pesos?


(10 points)

7. Nikki has a pet Iguana named Geeko. One day, Nikki was too busy doing her
laundry and thus, Geeko got out of the cage. Geeko wanted to explore the
world since the poor little fella has been living in the cage for 6 months.
Geeko roamed around the neighborhood which made the people scream and
run for their life. Geeko chewed on Manny’s shoes and thus, it angered him.

Is Nikki entitled to pay the damage caused even if she had nothing to do with
the incident, considering it was her pet Iguana that chewed Manny’s shoes?
(10 points)
III. Bonus questions (15 points)

1. What is the Latin term for juridical tie? (3 points)


2. What is the English phrase for the Latin word “quasi?” (3 points)
3. In short, what is another term for “acts or omissions punished by law?”
(3 points)
4. Give 2 differences between crime and quasi-delict. (6 points)