1st Quiz

1. Sheldon Cooper is a scholar of Pilgrim Christian College.
On his second year in BS Accountancy,

he died. As a rule, Sheldon’s scholarship grant may be transmitted to his brother Leonard
Hofstadter.
ANSWER: FALSE
As a general rule, all rights acquired in virtue of an obligation are transmissible. An exception to
this rule is if a right is not transmissible by its nature.
Here, a scholarship grant is a personal right granted to the scholar himself after meeting all the
qualifications for the said grant. Hence, it is not transmissible to anyone, unless stated in the
scholarship grant. (See page 21-22)
2. Jennie has a 1 million loan from Lisa. Since Jennie has no intention to pay Lisa, Jennie sold all
her properties to Jisoo and Rose. Jisoo and Rose know about Jennie’s loan from Lisa and
Jennie’s fraudulent intention to escape liability. To recover payment of the loan, Lisa may file
an action in court to cancel the sale of the properties of Jennie to Jisoo and Rose.
ANSWER: TRUE
Accion pauliana is a remedy by the creditor granted by law wherein the said creditor may bring
action before the court to nullify the acts of the debtor intended to defraud the creditor.
In this case, Jennie’s acts of selling her properties to different persons was a scheme to defraud
Lisa, making Lisa unable to recover the Jennie’s debt. Hence, Lisa may file a case in court to
nullify the sale made by Jennie. (See page 21)
3. Since Steph’s has not entered the playoffs this year, he became broke. Thus, he borrowed 1
million USD from Lebron, which is due on September 31, 2020. When the due date arrives and
Steph does not pay, Steph considered in delay of his obligation to Lebron on November 1, 2020.
ANSWER: FALSE
Under the law, an obligor is considered in delay of his obligation if all of the following requisites
are present:
a. The debtor does not perform his obligation on the date it is due.
b. The creditor demands the performance of the obligation.
c. The debtor does not comply with the creditor’s demand.
In the case at bar, requisites b and c are absent. Lebron has yet to make demand to Steph to pay
the outstanding debt. Thus, Steph is not yet in delay of his obligation to Lebron. (See page 18)
4. A person criminally liable is also civilly liable.
ANSWER: TRUE (See page 6)
5. Ulrich Nielsen is an owner of a fleet of taxi cabs all around the city. He hired Bernd Doppler as
driver of his Toyota Vios 2020 taxi. Ulrich is not aware that Bernd is an ex-convict, since he did
require Bernd to provide an NBI clearance upon hiring. On the day that Bernd was hired, he
recently got out of prison for a crime of reckless imprudence resulting to homicide.
One week after, Bernd smashes the taxi cab to four (4) pedestrians at Pabayo Street. Three of
the four pedestrians died. Since Bernd has no money, the heirs of the victim sought recovery
of damages to Ulrich. Meanwhile, Ulrich denied liability since he is merely the owner of the
car and he has no knowledge that Bernd is an ex-convict. The defense of Ulrich is valid.
ANSWER: FALSE
In most cases involving traffic accidents, there are three (3) main obligations (cause of action)
that may arise.
First is contractual negligence (culpa contractual). The mere fact that a passenger rides a public
utility vehicle (PUV), a contract of carriage exists between the owner of the PUV and the
passenger. This contract is violated when the passenger has not reached his destination in a safe
manner. This is the easiest case to prove in court.
Meanwhile, the master-servant rule applies. Thus, the employer may be held civilly liable
(damages) in case it was found that the driver is negligent. The employer may lessen his liability
if he proves that he exercised diligence in hiring and supervising the driver.
Second is civil negligence (culpa aquiliana). If a PUV meets an accident. Its passenger may claim
damages against the driver for being negligent.
However, in this scenario, the master-servant rule does not apply. Meaning, the negligence of
the driver is not automatically the negligence of the employer. Moreover, the employer may
escape liability if he can prove that he exercised diligence selection and supervision of the
driver.
Third is criminal negligence (culpa criminal). Here, the negligence of the driver results to a
commission of a crime, i.e. homicide, destruction of property. This is the most difficult to prove
in court.
Here, if the driver is found to be criminally liable, the employer is automatically held civilly liable.
Now, in the question above, it was not specified what type of case that was filed by the heirs of
the victims. Assuming that it was contractual negligence, Ulrich cannot deny liability. Even if he
was diligent in hiring and supervising Bernd, he still incurs liability, albeit, lessened.
If what was filed was civil negligence, Ulrich cannot deny liability since he was not diligent in
hiring Bernd. Bernd is an ex-convict unknown to Ulrich.
Lastly, if what was filed was filed was a criminal case against Bernd, Ulrich is subsidiarily liable.
Meaning, once Bernd is found guilty, Ulrich is automatically held civilly liable. (See pages 15-17)
6. A natural obligation cannot be enforced in the courts.
ANSWER: TRUE (See page 2)
7. If the debtor fails to perform an obligation to do, the creditor may compel the debtor to
comply with the obligation.
ANSWER: TRUE (See pages 10-11)
8. Which of the following is a determinate thing?

a. a piece of land located in Carmen, Cagayan de Oro City (not determinate since there many
lands in Carmen)
b. a 21-inch Samsung SmarTV (there are many TVs with the same model)
c. a Toyota Vios with Plate No. 123456 (DETERMINATE since there is only one car with the
said plat number)
d. a Huawei P-30 with AMOLED display and 13-MP rear camera (there are many P-30s in the
market)
9. Cardo Dalisay bought a parcel of land from Don Emilio. Cardo specifically told Don Emilio that
he would buy the said property if it has a clean title. However, Cardo was led to believe that
he would be purchasing a land with a clean title (no encumberance or defects).
However, after the sale was completed and Cardo was about to register the transfer of the
title to his name, he found out that the parcel of land was previously mortgage to Lucas
Cabrera. This is an example of fraud in the performance of the obligation.
ANSWER: FALSE
This is an example of Causal Fraud, which refers to a fraud without which consent would not
have been given. Here, Cardo’s consent was given on the premise that he is buying a land with a
clean title. Thus, if he knew that the land was previously mortgaged, he would not have bought
it. (See page 13)
10. When a debtor fails to fulfill his obligation to pay a loan due to a typhoon, the obligation to
pay the loan is extinguished.
ANSWER: FALSE
As a rule, loss of a determine thing through a fortuitous event extinguishes the obligation.
Here, the obligation is the payment of a loan, which is not a determinate thing. It is not lost
during the typhoon. (See page 7)

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1. Sheldon Cooper is a scholar of Pilgrim Christian College.

On his second year in BS Accountancy,

ANSWER: TRUE (See page 6)

6. A natural obligation cannot be enforced in the courts.

ANSWER: TRUE (See page 2)

ANSWER: TRUE (See pages 10-11)

8. Which of the following is a determinate thing?

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