Civil Law Payment Questions
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Questions and Answers

What is the status of a payment made by someone who does not have the capacity to alienate the thing due?

  • The payment requires a written agreement to be valid.
  • The payment is valid if done in good faith.
  • The payment is not valid. (correct)
  • The payment is valid under all circumstances.

To whom should payment be made according to Article 1240?

  • To the debtor's best friend if authorized.
  • Any person present during the transaction.
  • To the creditor, their successor in interest, or an authorized person. (correct)
  • Only to the creditor mentioned in the contract.

What is the effect of a payment made in good faith to a person in possession of the credit?

  • The obligation is extinguished. (correct)
  • The payment is considered a loan to the person in possession.
  • The obligation is still valid and must be paid again.
  • The debtor can recover the payment from the creditor.

If a payment is made based on a fake Special Power of Attorney (SPA), what is generally the outcome?

<p>The obligation is extinguished due to good faith of the payer. (D)</p> Signup and view all the answers

Which of the following is NOT a valid recipient for a payment under Article 1240?

<p>An unauthorized third party present at the time of payment. (B)</p> Signup and view all the answers

What type of indivisibility arises when the law specifically declares obligations to be indivisible, even when they are naturally divisible?

<p>Legal indivisibility (A)</p> Signup and view all the answers

Which of the following is an example of an obligation that is deemed indivisible by nature?

<p>Delivering a specific electric fan (B)</p> Signup and view all the answers

Which type of obligation cannot exist independently and relies on a principal obligation for its validity?

<p>Accessory obligation (B)</p> Signup and view all the answers

Which of the following best describes an obligation that is intended to be indivisible, despite being physically divisible?

<p>Conventional obligation (D)</p> Signup and view all the answers

In terms of performance, which type of obligation is not susceptible to partial execution, requiring full completion?

<p>Indivisible obligation (B)</p> Signup and view all the answers

Which of the following is an example of a legal obligation deemed indivisible, even when the service is physically divisible?

<p>Paying taxes (A)</p> Signup and view all the answers

What is an obligation that stands alone and does not rely on any other obligation for its existence?

<p>Principal obligation (A)</p> Signup and view all the answers

Which of the following examples illustrates a natural indivisibility?

<p>Rendering a musical performance (D)</p> Signup and view all the answers

What defines a facultative obligation?

<p>Only one prestation is agreed upon but can be replaced with another. (A)</p> Signup and view all the answers

In what scenario can a creditor exercise the choice of the first prestation?

<p>When explicitly granted the right by the debtor. (C)</p> Signup and view all the answers

Under what conditions is a solidary obligation presumed to exist?

<p>When the obligation expressly states solidarity. (D)</p> Signup and view all the answers

What best describes a joint obligation in terms of debt fulfillment?

<p>The obligation is fulfilled proportionately by the debtors. (D)</p> Signup and view all the answers

What does Article 1208 imply about the division of credits or debts?

<p>Each creditor and debtor is treated as a separate entity. (B)</p> Signup and view all the answers

Which statement correctly describes the obligations outlined in Article 1207?

<p>The creditor's right to demand compliance depends on explicit agreement. (A)</p> Signup and view all the answers

In a joint creditor situation, how do the creditors receive their payments?

<p>Proportionately, based on what is owed to each creditor. (B)</p> Signup and view all the answers

What consequence arises if the sole prestation in a facultative obligation is lost due to the debtor's fault?

<p>The debtor becomes liable for the loss. (D)</p> Signup and view all the answers

Under what circumstance is the debtor not liable for damages despite an obligation to deliver?

<p>If a specified fortuitous event occurs without demand for damages (B)</p> Signup and view all the answers

What happens when a debtor promises to deliver a specific thing but sells it to multiple buyers?

<p>The debtor becomes liable for damages due to impossibility of obligation (A)</p> Signup and view all the answers

In what scenario is a debtor liable for damages even if the obligation to deliver results from a crime?

<p>If the stolen object becomes damaged while in the debtor's possession (A)</p> Signup and view all the answers

When is the obligation to deliver a generic object considered fulfilled?

<p>When the debtor can provide a different generic item of the same kind (A)</p> Signup and view all the answers

What is true about obligations that arise from an agreement in the context of fortuitous events?

<p>Parties can agree to liability even in the occurrence of fortuitous events (A)</p> Signup and view all the answers

What is the implication of a debtor insuring their house against fire regarding liability?

<p>They have a persistent obligation to cover damages despite fortuitous events (D)</p> Signup and view all the answers

What is assumed about the nature of liability in a contract of insurance?

<p>It includes obligations despite the occurrence of unforeseen events (C)</p> Signup and view all the answers

Why might a debtor's obligation to deliver not be extinguished in cases of fortuitous events?

<p>Certain agreements explicitly state otherwise (B)</p> Signup and view all the answers

What determines whether an obligation is considered fully complied with when the performance is incomplete or irregular?

<p>The obligee accepts the performance without objections. (D)</p> Signup and view all the answers

Which statement correctly describes obligations regarding payment by a third party?

<p>A debtor must approve payments made by third parties unless otherwise stipulated. (C)</p> Signup and view all the answers

In the scenario where Marvin owes Elcid and Lynna pays on Marvin's behalf without Marvin's knowledge, what can Lynna recover?

<p>Only the amount that has benefited Marvin. (D)</p> Signup and view all the answers

What is one effect of subrogation in debt payments?

<p>The third party is entitled to recover the amount paid from the debtor. (B)</p> Signup and view all the answers

Which condition would permit a creditor to reject payment from a third party?

<p>There is no prior agreement allowing it. (B)</p> Signup and view all the answers

What represents an example of an alternative obligation?

<p>A debtor can either provide a service or pay a set amount. (B)</p> Signup and view all the answers

According to the obligation principles, when can a creditor refuse to accept payment?

<p>If the payment is made by a third party without stipulation. (D)</p> Signup and view all the answers

What is NOT a requirement for an obligation to be considered fulfilled?

<p>The debtor's express assurance of compliance. (D)</p> Signup and view all the answers

What is the primary distinction between criminal liability and civil liability?

<p>Criminal liability can result in imprisonment, while civil liability involves payment of damages. (B)</p> Signup and view all the answers

Which of the following is NOT a type of civil liability scope mentioned?

<p>Punitive damages (B)</p> Signup and view all the answers

In the case of quasi-delicts, liability arises primarily from which of the following?

<p>Negligence leading to damage (C)</p> Signup and view all the answers

What must civil obligations arising from criminal offenses comply with, according to Article 1161?

<p>Provisions of penal laws and relevant regulations on damages (C)</p> Signup and view all the answers

What is implied by the term 'good faith' in contracts according to Article 1159?

<p>Absence of bad intention (B)</p> Signup and view all the answers

What is an example of restitution in the case of theft?

<p>Returning the stolen item to the rightful owner. (D)</p> Signup and view all the answers

Which scenario best exemplifies indemnification for consequential damages?

<p>Covering lost wages due to an inability to work following an incident. (A)</p> Signup and view all the answers

Which statement accurately describes the relationship between criminal and civil liability?

<p>Both types of liability can be applied to a person for the same act. (A)</p> Signup and view all the answers

Flashcards

Delicts

Crimes or wrongful acts, either by action or inaction, that are punishable by law.

Criminal Liability

Legal responsibility for committing a crime, resulting in imprisonment as a potential punishment.

Civil Liability

Legal responsibility for causing harm to another person, requiring payment of damages to compensate for the harm.

Article 1161 (Civil Obligations)

Civil obligations arising from criminal offenses are governed by penal laws, including provisions on damages.

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Restitution

The act of returning something stolen or taken illegally back to its rightful owner.

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Reparation

Fixing damage caused by a crime or wrongful act and paying for its value.

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Indemnification

Compensation for consequential damages resulting from a crime, such as expenses incurred due to the harm.

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Quasi-Delicts (Torts)

Civil wrongs that result in damage or harm, but without a prior existing contract, due to negligence.

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Fortuitous Event Exemption

A situation where a debtor is not held liable for damages caused by a fortuitous event (like a natural disaster) that destroys the object of the obligation.

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When is a Debtor NOT Liable for Damages due to a Fortuitous Event?

There are three main exceptions where a debtor may still be liable for damages, even if the object of the obligation was destroyed due to a fortuitous event.

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Expressly Specified by Law

A debtor may be held liable for damages caused by a fortuitous event if the law specifically states that they should be.

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Debtor's Fraud or Negligence

Even if a fortuitous event occurs, the debtor can still be liable if they were guilty of fraud or negligence leading to the damage.

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Specific Thing vs. Generic Thing

The type of object (specific or generic) can affect liability for damages related to a fortuitous event.

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Obligation Arising from a Crime

A debtor who committed a crime to obtain the object of the obligation will be liable for any damages, even if caused by a fortuitous event.

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Stipulation

Parties can agree in a contract that one of them will be liable for damages caused by a fortuitous event.

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Assumption of Risk

Certain obligations, like insurance contracts, require the assumption of risk, meaning the debtor is liable for damages caused by a fortuitous event.

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Payment without ownership

A payment made by someone who doesn't own the thing they're giving is invalid. This means you can't pay a debt with something that's not yours.

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Who can receive payment?

Payment should be made to the person the debt is owed to, their successor (heir or assignee), or someone authorized to receive it.

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Payment to the wrong person

If you pay someone who is not the creditor or authorized receiver, but you did so in good faith, your debt is still considered paid. However, the real creditor can chase the person who received the money.

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Good faith payment

Paying a debt to someone in possession of the credit, even if they are not the actual creditor, will release the debt if done in good faith.

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Possession of credit

Someone who is in possession of the credit (proof of debt) might not be the real creditor, but can still receive a valid payment if the debtor acts in good faith.

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Indivisibility

An obligation that cannot be divided into smaller parts. It must be performed as a whole.

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Legal Indivisibility

An obligation that is declared indivisible by law, even though its nature might suggest otherwise.

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Conventional Indivisibility

An obligation made indivisible by the agreement of the parties involved, though the nature of the obligation might allow for division.

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Natural Indivisibility

An obligation that cannot be divided due to the inherent nature of the object or service involved.

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Obligations to Give Definite Things

Obligations that involve delivering specific, identifiable items, making them indivisible.

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Principal Obligation

An obligation that stands independently and doesn't depend on another obligation for its validity.

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Accessory Obligation

An obligation that is connected to a main obligation and cannot exist on its own.

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Divisible Obligations

Obligations that can be broken down into smaller parts, meaning each part can be performed separately.

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Alternative Obligation

A contract where the debtor has the option to fulfill one of two or more prestations (obligations).

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Who chooses the prestation?

Generally, the debtor has the right to choose which prestation to fulfill. However, this right can be given to the creditor if the contract specifically states so.

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Facultative Obligation

A contract where only one prestation is agreed upon, but the debtor can choose to fulfill a different agreed-upon prestation instead.

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What happens if the initial prestation is lost?

In a facultative obligation, if the initial prestation is lost due to the debtor's fault, they are still liable. However, if the substitute prestation is lost, the debtor is not liable.

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Joint Obligation

An obligation shared by multiple debtors or owed to multiple creditors where each party is only responsible for their proportionate share of the debt or credit.

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Solidary Obligation

An obligation where each debtor is liable for the entire debt, and each creditor can demand the full amount from any debtor.

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Presumption of Joint Obligation

If an obligation involving multiple parties doesn't specifically state solidarity, it's presumed to be a joint obligation, meaning each party is only responsible for their proportionate share.

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Example of Joint Debtors*

Multiple debtors who agree to share a loan equally. Each debtor is responsible for their portion of the loan.

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Payment by Service

When a service is considered as payment for a debt. This happens when the service is expressly agreed upon or implied by the parties involved.

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Deemed Fulfillment of Obligation

When the creditor accepts a performance knowing it's incomplete or irregular without protesting, the obligation is considered fully satisfied.

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Third-Party Payment

A person who is not the debtor can pay the obligation if there's an agreement or if the payment is beneficial to the debtor.

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Reimbursement

A third party pays the obligation and is entitled to a refund from the debtor. The payer is entitled to the full amount paid.

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Subrogation

The third party who pays the obligation takes over the rights of the creditor. They can now demand payment from the debtor and have the same rights as the original creditor.

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Who can pay the debt?

The creditor must accept payment from the debtor, a person with an interest in the obligation, or a third party if there's a stipulation.

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Beneficial Payment

When a third party pays without the debtor knowing, the payer can only recover the amount that truly benefited the debtor.

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Study Notes

Different Kinds of Law

  • Law is any rule of action or system of uniformity.
  • Divine Law: The law of religion, dictated by a religion, e.g. Sunday church attendance, specific religious practices.
  • Natural Law: Law dictating reason and conscience, inherent in every individual, e.g. don't steal.
  • Moral Law: Based on customs and traditions of a community, e.g. respecting elders.
  • Physical Law: Natural laws of science, uniformities in actions (e.g., gravity).
  • State Law: Law promulgated and enforced by the State. Example: jaywalking.

Sources of Law

  • Constitution: The fundamental, supreme law of the land, establishing the government's powers, distributed among departments. The 1987 Philippine Constitution was established in 1987 after the ouster of President Marcos.
  • Legislation: Enacted laws passed by the Philippine Congress and approved by the President. Examples: RESA law, bills.

Branches of Government

  • Executive: Enforces laws, headed by the President.
  • Legislative: Creates laws, made up of the House of Representatives and Senate.
  • Judiciary: Interprets laws, made up of courts.

Organization/Classification of Courts

  • Regular Courts: Composed of Trial Courts, Supreme Court, Court of Appeals, Regional Trial Courts, and Municipal Courts.
  • Special Courts: Created for specific cases, e.g., Sandiganbayan (corruption cases).
  • Quasi Judicial Agencies: Administrative bodies with judicial functions, e.g. NLRC, SEC.
  • Administrative/Executive Orders: Issued by administrative officials to clarify and explain legislative acts; valid if not against laws/Constitution. Martial Law (executive order no. 1081)

Judicial Decisions

  • Court rulings act as precedents
  • Examples: Juan Ponce Enrile granted bail due to humanitarian reasons

Custom

  • Traditions passed from generations becoming part of law, e.g. Manobo tribal customs.

Other Sources

  • International law/ UN Law
  • United Nations Convention on the Law of the Sea

Classification of Law by purpose

  • Substantive Law: Defines rights and duties (e.g., law of burning plastics).
  • Procedural Law: Outlines procedures for applying substantive law

Classification of Law by subject matter

  • Public Law: Defines the state's relationship with people (e.g., tax laws).
  • Private Law: Regulates individual relationships (e.g., contract laws).

Civil Code of the Philippines (Republic Act 386)

  • Took effect August 30, 1950
  • Based on the Spanish Civil Code.

Obligations

  • Consists in giving, doing, or not doing something.
  • Essential requisites: debtor (obligated party), creditor (beneficiary), prestation (subject matter).
  • Forms: oral, written, combined.
  • Kinds: Real, personal, positive, negative.

Sources of Obligations

  • Law
  • Contracts
  • Quasi-contracts
  • Delicts (crimes)
  • Quasi-delicts (torts)

Scope of Civil Liability

  • Restitution
  • Reparation for damage/injury caused
  • Indemnification for consequential damages
  • Example: Paying damages for injuries caused by a crime

Quasi-Delicts (Torts)

  • Negligence causing harm without a contract
  • Example: Dog bites someone during a walk

Obligation Arising from Contracts

  • Contracts have the force of law.
  • Essential requisites: consent, object, cause.
  • Breach of contract is a violation.

Breach of Contract

  • If a party fails to perform its duty
  • Failure to perform correctly or according to agreement
  • Damages are incurred

Obligations with a period

  • Obligations with an explicitly stated date in which fulfillment must be rendered.
  • If debtor violates a condition with a period, it can lose the right to enforce the period.

Conditional Obligations

  • Outcomes contingent on conditions.
  • Suspensive (right to fulfill only if given condition is met). Resolutory (right to fulfill terminates upon condition being met)

Void and Unenforceable Contracts

  • In existence but are not enforceable under law

Remedies Available to Creditors

  • Exact fulfillment (specific performance)
  • Pursue the leviable property of the debtor
  • Exercise all rights of the debtor- except those personal to the debtor
  • Rescind contracts that defraud the creditor

Rights of Creditor/Debtor in pending fulfillment of condition

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Oblicon Reviewer for Final Examination PDF

Description

Test your knowledge on the legal principles surrounding payments under Article 1240. This quiz covers topics such as capacity to alienate, valid payment recipients, and implications of good faith payments. See how well you understand the foundations of civil law related to financial transactions.

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