Name _____________________________________ ID Number ________________

Class Schedule _____________________________

I. Essay. Answer briefly.

1. Under a building contract, X bound himself to build a house for Y for PhP 1,000,000.00.
a. Define passive subject. In the above-mentioned case, who is the passive subject?? (5%)
b. Define active subject. In the above-mentioned case, who is the active subject?(5%)
c. Define prestation? In the above-mentioned case, what is the prestation?(5%)
d. Define juridical tie. In the above-mentioned case, what is the juridical tie?(5%)

2. Suppose X had already constructed the house and it was the agreement that Y would pay X after the
construction is finished.
a. Who then here becomes the active subject? (3%)
b. Who is the passive subject? (2%)

3. D owes C PhP 1,000.00. If D paid T believing that T was authorized to receive payment for C. How will you
apply the principle of solutio indebiti in this case? (5)

4. X stole the car of Y. If X is convicted, what will the order of the court to X regarding obligations arising from
crimes or delicts? (10%)

5. X saw at about 1:00 PM a child alone in a shopping mall. The child who strayed from Y, his mother, was in
tears and appeared very hungry. Out of pity, X took him to a restaurant to eat for which he spent P500.00. Y did
not give her consent to the good deed of X. Furthemore, they were on their way home before the child got lost.
Is X entitled to be reimbursed by Y for the amount of P 500.00? (10%)

6. Define specific or determinate thing. Give two (2) examples each. (5%)

7. Define natural, industrial and civil fruits. Give one example each. (5%)

8. S promised to deliver to B a female horse named Suzie on July 10.

a. Who has the right to the colt? Explain. (5 %)
b. What are the obligations of S? (5%)
c. Who is the lawful owner of Suzie in case it was sold and delivered by S to T on July 8? (5%)

9. What is the a) meaning of a fortuitous event?(6%)

b) What is the meaning of Acts of man? Cite two examples. (7%)
c) What is the meaning of Acts of God ? Cite two examples. (7%)

10. What are the sources of obligations? (5%)

Name ________________________________________ Permit Number____________
Class Schedule ______________________
I. Essay. Answer very briefly.
1. X went to Pagadian with his family without leaving somebody to look after his apartment in Lawis.
While in Pagadian, a big fire broke out near the house of X. Through the effort of Y, a neighbour, the
house of X was saved from being burned. Y, however, incurred expenses. Does X have obligation to
reimburse Y for said expenses? Why? Explain. (5%)
2. What are the requisites of an obligations? (5%)
3. D borrowed PhP 20,000 from C payable after one year. Is D liable to pay interest? (5%)
4. Loy, the lessor, issued a receipt that lessee Lab has paid the rent for the Month of September 2016. Can
Loy still collect from Lab the rent for August 2016? (5%)
5. Aldus stole the carabao of Espeneds. If Aldus is convicted, what will the order of the court to him
regarding obligations arising from crimes or delicts? (10%)
6. Define generic or indeterminate thing. Give two (2) examples each. (5%)
7. Leila promised to deliver to Digong a female horse named Leni on July 10. Leni gave birth to a colt on
July 5.
a. Who has the right to the colt? Explain. (5 %)
b. What are the obligations of Leila? (5%)
c. Who is the lawful owner of Leni in case it was sold and delivered by Leila to Mar on July 8? (5%)
8. What is the a) meaning of a fortuitous event?(6%)
b) How do you define Acts of man? Give three examples. (7%)
c) How do you define Acts of God ? Cite three examples. (7%)
9. Novabel bought a land from Aldongelz. It was stipulated that Aldongelz would not construct a fence on
a certain portion of the land adjoining that sold to Novabel.
a. If Aldongelz construct a fence, will there be a violation of the agreement? Why? (5%)
b. What would be the remedy of Novabelz and the liability of Aldongelz? (5%)
10. Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five million
pesos (P5,000,000.00). To buy a new car, she obtained a loan from the same bank in the amount of
P1,200,000.00, payable in twelve monthly installments. Sarah issued in favor of the bank post-dated
checks, each in the amount of P100,000.00, to cover the twelve monthly installment payments. On the
third, fourth and fifth months, the corresponding checks bounced. The bank then declared the whole
obligation due, and proceeded to deduct the amount of one million pesos (P1,000,000.00) from Sarahs
deposit after notice to her. Is the bank correct? Explain. (10%)
11. What are the sources of obligations? (5%)
12. Joey incurred debt amounting to P500,000 from Efren. When Efren demanded payment from Joey, Joey
refused to pay believing after all, nobody is imprisoned by not paying debt.
a. What is the right of Efren according to the law? (5%)
b. If Joey refuses to pay, what will be the remedies available for Efren to have Joeys obligation paid?
(5%)