Philippines Civil Law Society Set 10

Q1 | The rule that once a criminal action is filed the civil action is suspended is absolute.

Q2 | 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.

Q3 | When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.

Q4 | The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

Q5 | 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.

Q6 | There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.

Q7 | A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

Q8 | 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.

Q9 | The diligence of a good father of the family is the fixed degree or standard of care required in circumstances.

Q10 | The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.

Q11 | The rule that no person is responsible for a fortuitous event applies even in an obligation to deliver a horse.

Q12 | An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.

Q13 | An obligation where the period of payment is subject to the will of the debtor or obligor is void.

Q14 | The court can fix the period when the obligation is subject to the sole will of the debtor.

Q15 | An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.

Q16 | 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.

Q17 | 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”

Q18 | A debtor shall lose every right to make use of the period when he attempts to abscond.

Q19 | 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.

Q20 | 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.

Q21 | A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.

Q22 | When do laws take effect?

Q23 | 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?

Q24 | 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?

Q25 | 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?