Revalida Practice QnA

Question 1

What is an obligation?

Answer 1

✅ It is a juridical necessity to give, to do, or not to do.
📜 Article 1156, Civil Code
📝 Example: A promises to deliver a book to B by June 1.

Question 2

What are the essential elements of an obligation?

Answer 2

✅ The elements are: (1) passive subject (debtor), (2) active subject (creditor), (3) prestation, and (4) juridical tie.
📜 Inferred from Article 1156 and 1157, Civil Code

Question 3

Who is the passive subject in an obligation?

Answer 3

✅ The passive subject, or debtor/obligor, is the person who must perform the obligation.
📜 Implied under Article 1156, Civil Code

Question 4

Who is the active subject in an obligation?

Answer 4

✅ The active subject, or creditor/obligee, is the person entitled to demand performance.
📜 Implied under Article 1156, Civil Code

Question 5

What is prestation?

Answer 5

✅ It is the object or conduct required to be delivered, done, or avoided by the debtor.
📜 Implied under Article 1156, Civil Code

Question 6

What is the juridical tie or vinculum juris?

Answer 6

✅ It is the legal relation that binds the parties, arising from law, contract, quasi-contract, delict, or quasi-delict.
📜 Article 1157, Civil Code

Question 7

What are the sources of obligations?

Answer 7

✅ Obligations may arise from: (1) law, (2) contracts, (3) quasi-contracts, (4) acts or omissions punished by law (delicts), and (5) quasi-delicts.
📜 Article 1157, Civil Code

Question 7

What is a contract?

Answer 7

✅ A contract is a meeting of minds between two persons whereby one binds himself to give something or render some service.
📜 Article 1305, Civil Code

Question 8

What is a quasi-contract?

Answer 8

✅ A quasi-contract is a lawful, voluntary, and unilateral act which gives rise to the juridical relation of payment of indemnity.
📜 Article 2142, Civil Code
📝 Example: If A accidentally pays B money not due, B must return it.

Question 9

What is a delict?

Answer 9

✅ A delict is an act or omission punishable by law, giving rise to civil liability.
📜 Article 1161, Civil Code

Question 10

What is a quasi-delict or culpa aquiliana?

Answer 10

✅ A quasi-delict is an act or omission causing damage to another, there being fault or negligence, but no prior contractual relation.
📜 Article 2176, Civil Code

Question 11

What is a natural obligation?

Answer 11

✅ A natural obligation is not enforceable by court action but is voluntarily fulfilled and becomes binding.
📜 Article 1423, Civil Code
📝 Example: A pays a debt already prescribed by law.

Question 12

What distinguishes civil from natural obligations?

Answer 12

✅ Civil obligations are enforceable by law; natural obligations are not, unless voluntarily performed.
📜 Articles 1156 and 1423, Civil Code

Question 13

What is a real obligation?

Answer 13

✅ A real obligation is one to give something.
📜 Article 1165, Civil Code

Question 14

What is a personal obligation?

Answer 14

✅ A personal obligation is one to do or not to do something.
📜 Article 1167, Civil Code

Question 15

What is the effect if the thing to be delivered is determinate?

Answer 15

✅ The creditor may compel delivery and recover damages.
📜 Article 1165, paragraph 1, Civil Code

Question 16

What is the effect if the obligation is to deliver a generic thing?

Answer 16

✅ The creditor may ask that the obligation be performed at the debtor’s expense.
📜 Article 1165, paragraph 3, Civil Code

Question 17

What are the requisites of a valid contract?

Answer 17

✅ (1) Consent, (2) Object certain, and (3) Cause of the obligation.
📜 Article 1318, Civil Code

Question 18

What is a consensual contract?

Answer 18

✅ A contract perfected by mere consent.
📜 Implied under Article 1315, Civil Code
📝 Example: Sale of goods is perfected once parties agree on the price and object.

Question 19

What is a real contract?

Answer 19

✅ A contract perfected only upon delivery of the object.
📜 Article 1316, Civil Code
📝 Example: Commodatum or deposit.

Question 20

What is a solemn contract?

Answer 20

✅ One which requires a specific form for validity.
📜 Implied under Article 1356, Civil Code
📝 Example: Donation of real property must be in a public instrument.

Question 21

What is novation?

Answer 21

✅ Novation is the extinguishment of an obligation by substituting it with a new one.
📜 Article 1291, Civil Code

Question 22

What are the requisites of novation?

Answer 22

✅ (1) A previous valid obligation, (2) agreement of parties to a new contract, (3) extinguishment of old obligation, (4) validity of the new obligation.
📜 Articles 1291–1292, Civil Code

Question 23

What is objective novation?

Answer 23

✅ Change in the object or principal conditions of the obligation.
📜 Article 1291, paragraph 1, Civil Code

Question 24

What is subjective novation?

Answer 24

✅ Change in the person of the debtor or creditor. 📜 Article 1293, Civil Code 📝 Example: A debtor is substituted with the creditor’s consent.

Question 25

What is mixed novation?

Answer 25

✅ A novation that involves both a change in object and a change in parties. 📜 Inferred from Article 1291, Civil Code 📝 Example: Changing both the object of the loan and the debtor himself.

Question 26

What is payment or performance?

Answer 26

✅ The fulfillment of the obligation as agreed upon by the parties. 📜 Article 1232, Civil Code

Question 27

When is payment considered valid?

Answer 27

✅ When it is made to the proper person, in legal tender, and in the agreed time, place, and manner. 📜 Articles 1240–1242, Civil Code

Question 28

To whom must payment be made?

Answer 28

✅ To the creditor, or to a person authorized by him. 📜 Article 1240, Civil Code

Question 29

What is dation in payment (dación en pago)?

Answer 29

✅ The alienation of property to the creditor as a satisfaction for a monetary debt. 📜 Article 1245, Civil Code 📝 Example: A gives a car to B instead of paying ₱500,000 in cash.

Question 30

What is partial performance?

Answer 30

✅ Payment of only a portion of the obligation. 📜 Article 1248, Civil Code 📝 Example: A owes B ₱10,000 but pays only ₱6,000 without B’s consent.

Question 31

Can a creditor be compelled to accept partial payment?

Answer 31

✅ No, unless there is a stipulation allowing it. 📜 Article 1248, Civil Code

Question 32

What is place of payment if none is stipulated?

Answer 32

✅ The debtor’s domicile. 📜 Article 1251, Civil Code

Question 33

What is extraordinary inflation?

Answer 33

✅ A sharp increase in prices that substantially affects the value of currency. 📜 Article 1250, Civil Code

Question 34

What is the rule on payment during extraordinary inflation?

Answer 34

✅ The value at the time of obligation, not payment, shall prevail. 📜 Article 1250, Civil Code

Question 35

What is condonation or remission of debt?

Answer 35

✅ The gratuitous renunciation of the creditor’s right. 📜 Article 1270, Civil Code

Question 36

What is required for condonation to be valid?

Answer 36

✅ It must be accepted by the debtor. 📜 Article 1270, paragraph 2, Civil Code

Question 37

What is express condonation?

Answer 37

✅ Remission that is made clearly and in a definite form. 📜 Article 1271, Civil Code

Question 38

What is implied condonation?

Answer 38

✅ When the intent to condone is inferred from conduct. 📜 Article 1271, paragraph 2, Civil Code 📝 Example: Creditor returns the promissory note without reservation.

Question 39

What is confusion or merger?

Answer 39

✅ When the qualities of debtor and creditor merge in the same person. 📜 Article 1275, Civil Code

Question 40

What is the effect of confusion in solidary obligations?

Answer 40

✅ The entire obligation is extinguished. 📜 Article 1277, Civil Code

Question 41

What is the effect of confusion in joint obligations?

Answer 41

✅ Only the portion corresponding to the debtor-creditor is extinguished. 📜 Article 1277, Civil Code

Question 42

What is compensation in obligations?

Answer 42

✅ The extinguishment of obligations between parties who are mutually creditors and debtors. 📜 Article 1278, Civil Code

Question 43

What are the requisites of legal compensation?

Answer 43

✅ Mutual debts, due, liquidated, and demandable debts. 📜 Article 1279, Civil Code

Question 44

What is judicial compensation?

Answer 44

✅ Compensation declared by the court when legal requisites are met. 📜 Article 1283, Civil Code

Question 45

What is facultative compensation?

Answer 45

✅ Compensation which may be set up only by one party. 📜 Article 1280, Civil Code

Question 46

What is voluntary compensation?

Answer 46

✅ Agreed upon by the parties, even if some legal requisites are lacking. 📜 Article 1282, Civil Code

Question 47

What is a reciprocal obligation?

Answer 47

✅ Obligations arising from the same cause, where one is the condition for the other. 📜 Article 1169, Civil Code

Question 48

When does delay begin in reciprocal obligations?

Answer 48

✅ From the moment one party performs his obligation and the other does not. 📜 Article 1169, paragraph 2, Civil Code

Question 49

What is mora solvendi?

Answer 49

✅ Delay on the part of the debtor in performing his obligation. 📜 Article 1169, paragraph 1, Civil Code

Question 50

A owes B ₱50,000 due on August 1. B accepted a laptop instead. Is the obligation extinguished?

Answer 50

✅ Yes, if the laptop was accepted as payment in lieu of money, it is considered dation in payment. 📜 Article 1245, Civil Code

Question 51

X owes Y ₱20,000. Before payment, X inherits Y’s estate. Is the obligation extinguished?

Answer 51

✅ Yes, by merger/confusion since X becomes both debtor and creditor. 📜 Article 1275, Civil Code

Question 52

R and S owe T ₱40,000 jointly. T inherits the rights of S. How much of the obligation is extinguished?

Answer 52

✅ Only S’s share of ₱20,000 is extinguished due to partial confusion. 📜 Article 1277, Civil Code

Question 53

A sold a parcel of land to B. Later, they agreed to replace the contract with a new one involving lease. What is this called?

Answer 53

✅ This is objective novation – change of object or principal condition. 📜 Article 1291, Civil Code

Question 54

M and N are mutual creditors and debtors of ₱10,000 each. Can their debts cancel out?

Answer 54

✅ Yes, through legal compensation if all requisites are met. 📜 Article 1279, Civil Code

Question 55

J paid K's debt to L without K’s knowledge. Can J recover from K?

Answer 55

✅ Yes, to the extent that the payment was beneficial to K. 📜 Article 1236, Civil Code

Question 56

D owes C ₱5,000. C later waives the debt through a notarized document. Is the debt extinguished?

Answer 56

✅ Yes, this is express condonation or remission. 📜 Article 1270, Civil Code

Question 57

A agreed to deliver a specific piano to B, but it was destroyed by an earthquake. Is A liable?

Answer 57

✅ No, the obligation is extinguished due to fortuitous event. 📜 Article 1174, Civil Code

Question 58

P is required to deliver a generic item. An earthquake occurs. Is P excused from liability?

Answer 58

✅ No, generic obligations are not extinguished by fortuitous events. 📜 Article 1263, Civil Code

Question 59

Z paid W ₱100,000 by mistake. Can Z recover the payment?

Answer 59

✅ Yes, under the principle of solutio indebiti. 📜 Article 2154, Civil Code

Question 60

B paid A a partial amount of ₱10,000 for a ₱30,000 debt. A accepted it without objection. Can B be discharged of the rest?

Answer 60

✅ No, unless A expressly condoned the remaining ₱20,000. 📜 Article 1248, Civil Code

Question 61

C promises to deliver gold jewelry to D, but C instead delivers silver, which D accepts. Is C released?

Answer 61

✅ Yes, if the substitute was accepted, it is equivalent to dation in payment. 📜 Article 1245, Civil Code

Question 62

E owes F ₱15,000. G, without E’s knowledge, pays F. Can G demand reimbursement from E?

Answer 62

✅ Yes, but only to the extent that E benefited from the payment. 📜 Article 1236, paragraph 2, Civil Code

Question 63

A is obligated to deliver a specific horse. Before delivery, A and B agree to substitute it with a cow. What is this?

Answer 63

✅ It is novation by change of object. 📜 Article 1291, Civil Code

Question 64

The creditor refuses to accept payment without valid reason. What is the effect?

Answer 64

✅ The debtor is released from responsibility for delay. 📜 Article 1169, Civil Code

Question 65

R promises to deliver a refrigerator on May 1. He delivers it on April 15. Can the creditor refuse?

Answer 65

✅ Yes, if the creditor has no obligation to accept early delivery. 📜 Article 1246, Civil Code

Question 66

S delivers defective goods to T, who accepts them without protest. Can T later claim damages?

Answer 66

✅ No, unless he made the acceptance under protest. 📜 Inferred from Article 1246, Civil Code

Question 67

If payment is made in checks, can the creditor be forced to accept it?

Answer 67

✅ No, check is not legal tender. 📜 Article 1249, Civil Code

Question 68

T promised to deliver 500 sacks of rice. After delivery, it was discovered to be wet and damaged. Was the obligation performed?

Answer 68

✅ No, delivery must be of quality and in conformity with agreement. 📜 Article 1246, Civil Code

Question 69

Y owes X ₱30,000, due in installments. Y offers to pay ₱25,000 lump sum. Can X refuse?

Answer 69

✅ Yes, unless there's a stipulation to accept lump sum. 📜 Article 1248, Civil Code

Question 70

W paid X’s debt to Y, with X’s consent. Who has the right to reimbursement?

Answer 70

✅ W can claim full reimbursement from X. 📜 Article 1236, Civil Code

Question 71

M gave P ₱100,000 as a loan. Before payment, M told P he no longer has to pay. What extinguished the obligation?

Answer 71

✅ Condonation or remission. 📜 Article 1270, Civil Code

Question 72

B failed to deliver a particular sculpture on time. Is B in delay?

Answer 72

✅ Yes, if the obligation was demandable and a demand was made. 📜 Article 1169, Civil Code

Question 73

C is obliged to pay a certain amount. D makes demand. C pays two weeks later. Is interest due?

Answer 73

✅ Yes, from the time judicial or extrajudicial demand was made. 📜 Article 1169, Civil Code

Question 74

K owes L ₱100,000. L assigns the credit to M. K consents. Is this a novation?

Answer 74

✅ Yes, it is subjective novation by change of creditor. 📜 Article 1293, Civil Code

Question 75

Can compensation occur if one of the obligations is not liquidated?

Answer 75

✅ No, legal compensation requires both obligations to be liquidated and demandable. 📜 Article 1279, Civil Code

Question 76

Is legal compensation automatic, or must it be invoked?

Answer 76

✅ It takes place by operation of law but must be invoked judicially if disputed. 📜 Article 1279, Civil Code

Question 77

What happens to an obligation if its object becomes illegal after constitution?

Answer 77

✅ The obligation is extinguished. 📜 Article 1266, Civil Code

Question 78

What is the rule when a third person pays a debt without knowledge or consent of the debtor?

Answer 78

✅ The third person can recover only if the payment benefited the debtor. 📜 Article 1236, Civil Code

Question 79

Does partial compensation extinguish the entire obligation?

Answer 79

✅ No, it only extinguishes to the extent of the smaller debt. 📜 Article 1281, Civil Code

Question 80

Can a void obligation be novated?

Answer 80

✅ No, novation requires a valid pre-existing obligation. 📜 Article 1297, Civil Code

Question 81

Can novation be presumed?

Answer 81

✅ No, it must be established clearly and unequivocally. 📜 Article 1292, Civil Code

Question 82

What is the presumption when the creditor voluntarily returns the original instrument of credit?

Answer 82

✅ That the debt has been remitted. 📜 Article 1271, Civil Code

Question 83

What is required for a remission to be effective against third parties?

Answer 83

✅ It must be made in a public instrument or be properly recorded. 📜 Implied under general Civil Code rules on contracts

Question 84

Can payment be made to an unauthorized person?

Answer 84

✅ Yes, but it is only valid if ratified or the creditor benefited. 📜 Article 1241, Civil Code

Question 85

What is the effect of loss of the object through fault of the debtor?

Answer 85

✅ He shall be liable for damages. 📜 Article 1262, Civil Code

Question 86

Does change in the amount of debt alone constitute novation?

Answer 86

✅ Not necessarily, unless there is clear intent. 📜 Article 1292, Civil Code

Question 87

What happens when the new obligation in novation is void?

Answer 87

✅ The original remains valid unless it was also void. 📜 Article 1296, Civil Code

Question 88

Does the presence of multiple creditors prevent compensation?

Answer 88

✅ Yes, compensation requires both parties to be principal and sole creditors and debtors. 📜 Article 1279, Civil Code

Question 89

What is the difference between dation in payment and payment by cession?

Answer 89

✅ Dation is transfer of ownership of one item; cession is assignment of several properties. 📜 Article 1255, Civil Code

Question 90

Is interest due even if not stipulated?

Answer 90

✅ No, unless judicially demanded. 📜 Article 2209, Civil Code

Question 91

Can a debtor force the creditor to accept a different object in payment?

Answer 91

✅ No, unless the creditor consents. 📜 Article 1244, Civil Code

Question 92

Is delivery of check considered payment?

Answer 92

✅ No, not until encashed. 📜 Article 1249, Civil Code

Question 93

When is the debtor presumed in delay?

Answer 93

✅ Upon judicial or extrajudicial demand. 📜 Article 1169, Civil Code

Question 94

Is delay necessary to be liable for damages?

Answer 94

✅ Yes, except when the obligation is to deliver a determinate thing. 📜 Article 1165, Civil Code

Question 95

Can one debtor compensate a debt against another creditor’s claim in solidary obligations?

Answer 95

✅ No. Each solidary debtor must deal with each solidary creditor individually. 📜 Article 1207, Civil Code

Question 96

What distinguishes legal from judicial compensation?

Answer 96

✅ Legal arises by law; judicial requires court declaration. 📜 Article 1279 and 1283, Civil Code

Question 97

If the original obligation is subject to a condition, what about the new obligation in novation?

Answer 97

✅ It is presumed to be under the same condition unless stipulated otherwise. 📜 Article 1299, Civil Code

Question 98

When does accessory obligation survive novation?

Answer 98

✅ If made for the benefit of a third person who did not consent to the novation. 📜 Article 1296, Civil Code

Question 99

Can partial performance be novated into total performance?

Answer 99

✅ Only if both parties agree; otherwise, old obligation stands. 📜 Article 1291, Civil Code

Question 100

Is there a required form of making a contract?

Answer 100

No according to article 1356 there's no form required however an obligation can be valid through oral, written, partly oral, and partly written

Question 101

Differentiate Obligation, Right, Wrong

Answer 101

Obligation-> enforced by the law Right -> demand or fulfill Wrong -> violation of legal right through an act or omission

Question 102

Sources of obligation

Answer 102

Art 1157

Question 103

Difference Between Contract and Mere Promise

Answer 103

A contract involves mutual obligations arising from consent, object, and cause. A mere promise lacks one or more of these essential requisites and does not create a binding obligation.

Question 104

The following cannot give consent to a contract:

Answer 104

(1) Unemancipated minors; (2) Insane or demented persons; (3) Deaf-mutes who do not know how to write.