Assessment Task 1

1. It is one which has a binding force in law, and which gives to the obligee or
creditor the right of enforcing it against the obligator or debtor in a court setting.
Answer: Obligation

2. It is one which cannot be enforced by action, but which is binding hon the party
who makes it in conscience and according to the natural law.
Answer: Natural Obligation

3. It is a juridical necessity to give, to do, or not to do.

Answer: Obligation

4. It is the particular conduct of the debtor which may consist in giving, doing, or not
doing.
Answer: Prestation

5. The following are the requisites of an obligation, except:

Requisites of Obligation
 Passive Subject
 Active Subject
 Prestation/Object/Subject Matter
 Juridical Tie/Vinculum/Vinculum juris

6. The following are the requisites of a prestation, except:

Requisites of Obligation
 Giving
 Doing
 Not Doing

7. The following are sources of obligation, except:

Sources of Obligation
 Law
 Contracts
 Quasi – Contracts
 Acts or Omissions punished by law
 Quasi - Delicts

8. Tanjiro sold a bottle of wine to Inosuke for P1, 000.00. How many obligations are
here in the example?
Answer: Two
9. Tanjiro sold a bottle of wine to Inosuke for P1, 000.00. What is the prestation for
passive subject Tanjiro?
Answer: Deliver of Bottle of Wine

10. Tanjiro sold a bottle of wine to Inosuke for P1, 000.00. What is the prestation for
passive subject Inosuke?
Answer: Pay P1, 000.00

11. Tanjiro sold a bottle of wie to Inosuke for P1, 000.00. What is the juridical tie in
this example?
Answer: Contract

12. It is the act or omission which violates a right.

Answer: Cause of Action

13. Active subject is also called?

Answer: Obligee

14. Passive subject is also called?

Answer: Obligor

15. Juridical tie is also called?

Answer: Vinculum / Vinculum juris

16. Prestation is also called?

Answer: Object / Subject Matter

17. Obligation to attend mass. What kind of obligation is involved here?

Answer: Moral Obligation

18. Obligation to pay back your debt of gratitude. What kind of obligation is involved
here?
Answer: Natural Obligation

19. Obligation to pay back your monetary debt. What kind of obligation is involved
here?
Answer: Civil Obligation

20. Also called crime.

Answer: Felony

21. Naruto is obliged to pay his income taxes. What is the passive subject in this
example?
 Answer: Naruto

22. Naruto is obliged to pay his income taxes. What is active subject in this example?
Answer: Philippine Government

23. Naruto is obliged to pay his income taxes. What is prestation in this example?
Answer: to give money (to pay income tax)

24. Naruto is obliged to pay his income taxes. What is the juridical tie in this
example?
Answer: Law

25. Unless the law or the stipulations of the parties require another standard of care,
every person obliged to give something is also obliged to take care of it with kind
of diligence?
Answer: Article 1163

26. Obligation to pay your tuition fee at school. What kind of prestation is involve
here?
Answer: Civil Obligation (to give)
27. Obligation of parent to take care of their children. What kind of prestation is
involve here?
Answer: Civil Obligation (to do)

28. Obligation of anyone not to steal. What kind of prestation is involve here?
Answer: Civil Obligation (not to do)

29. Whoever voluntarily takes charge of the agency or management of the business
of property of another, without any power from the taker, is obliged to continue
the same until the termination of the affair and its incidents, or to require the
person concerned to substitute them, if the owner is in a position to do so.
Answer: Negotiorum gestio

30. If something is received when there is no right to demand it, and it was unduly
delivered through mistakes, the obligation to return it arises.
Answer: Solutio indebti

31. It is defined as the fault or negligence of a person, who, by his act or omission,
connected or unconnected with, but independent from, any contractual relation,
cause damage to another person.
Answer: Article 2176 (Quasi – Delicts)
 32. When the plaintiff’s own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant’s lack or due care, the plaintiff may recover damages, but the court
shall mitigate the damages to be awarded.
Answer: Article 2179 (Proximate Cause in Quasi – Delicts)
TRUE OR FALSE
33. A civil obligation is based on positive law, while a natural obligation is based on
equity and natural law.
Answer: TRUE

34. In case of negotiorum gestio, once the gestor or officious manager has assumed
the agency or management until the termination of the affair and its incidents,
exercising such rights and complying with such obligations.
Answer: TRUE

35. In negotiorum geshtio, the owner must not know the another is acting on his
behalf without authority.
Answer: TRUE

36. Quasi – contract is voluntary while quasi – delict is based on fault or negligence.
Answer: TRUE

37. Quasi – contract is defined as the fault or negligence of a person, who, by his act
or omission, connected or unconnected with, but independent from, any
contractual relation, cause damage to another person.
Answer: TRUE

38. Quasi – delict is also called tort.

Answer: TRUE

39. In case of solutio indebiti, once the gestor or officious manager has assumed the
agency or management of the business or property, he shall be obliged to
continue such agency or management until the termination of the affair and its
incidents, exercising such rights and complying with such obligations.
Answer: FALSE
SHORT ANSWER

40. Facts: D is obliged to give C P50, 000.00 with interest at 12% per annum on
December 31, 2020 pursuant to a contract of loans. Question: What are the
 requisites of obligation? Discuss and apply your answer/s to the problem given
above.
Passive: C
Active: D
Prestation: Pay loan with interest.
Juridical Tie: Contract of Loans.

41. Facts: ABC Cooperative paid municipal taxes and license fees to the city
government unaware that under a new law it was exempt from all taxes and
government fees. Later, ABC Cooperative learned of its exemption and sought to
recover from the city government the taxes it paid. Question: Can ABC
Cooperative recover the taxes it earlier paid to the city government? Why or why
not?
The ABC Cooperative could recover the taxes which are paid prior to the city
government as these taxes (municipal and license fees) are exempt for the
cooperative but unaware of the same they paid. So, the cooperative could
recover the taxes from the city government on the grounds that these taxes are
exempt them.