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Suggested answer:
Yes, B can demand from A the payment of the value of the note
immediately after the burning without waiting for the expiration of the term,
unless A immediately gives another security or guaranty which is equally
satisfactory. This is clear from the provision of No. 3 of Art. 1198 of the Civil
Code which declares that when by his own acts the debtor has impaired the
guaranty or security, or when through a fortuitous event the guaranty or security
disappears, the debtor shall lose the benefit of the term or period. It must be
observed that there is a difference between the effect of impairment and the
effect of disappearance as applied to the security or guaranty. The rules may be
restated as follows:
(1) If the guaranty or security is impaired through the fault of the
debtor, he shall lose his right to the benefit of the period; however, if it is
impaired without his fault, he shall retain his right.
(2) If the guaranty or security disappears through any cause, even
without any fault of the debtor, he shall lose his right to the benefit of the
period. In either case, however, the debtor shall not lose his right to the
benefit of the period if he gives a new guaranty or security.
Suggested Answer:
There are six obligations in the above case. The parties and the amount of
each obligation are:
(1) X as debtor for P2,000 in favor of A as creditor;
(2) X as debtor for P2,000 in favor of B as creditor;
(3) Y as debtor for P2,000 in favor of A as creditor;
1
Suggested Answer:
No, the action will not prosper. In similar cases decided by the Supreme
Court (Gonzales vs. Jose, 66 Phil. 369; Patente vs. Omega, 49 OG 4846) it was
held, that where the debtor promises to pay his obligation as soon as he has
money or as soon as possible, the duration of the term or period depends
exclusively upon the will of the debtor; consequently, the only remedy of the
creditor is to bring an action against the debtor in accordance with Art. 1197 of
the Civil Code for the purpose of asking the court to fix the duration of the term
or period. It is only after the duration of the term or period has been fixed by the
court that any other action involving the fulfilment or performance of the
obligation can be maintained. This has always been the consistent doctrine in
this jurisdiction.
Suggested Answer:
C is not liable to B. In the first place, in order that C may be held liable to
B, there should have been a substitution of debtor through expromision within
the meaning of Art. 1291, No. 2, and Art. 1293 of the Civil Code resulting in
novation of the obligation. Here, there was none. C merely wrote a letter to the
creditor B stating that he would take care of As debt. The problem does not
even say that B gave his assent or consent to Cs statement. In the second
place, even assuming that there was a substitution of debtor, Cs liability
depends upon a suspensive condition, that he would take care of As debt as
soon as A had made a shipment of logs to Japan. A never made such shipment.
Therefore, Cs liability never became effective (Villanueva vs. Girged, 110 Phil.
478).
Suggested Answer:
The Bank is not liable to B for the remaining P1,000.00. Even assuming
that B gave his consent to As proposal that the Bank shall pay his indebtedness
of P3, 000.00, in reality, there was no substitution of debtor by delegacion
within the meaning of Arts. 1291, No. 2, and 1293 of the Civil Code resulting in
a novation of the obligation. The Bank never assumed payment of the
obligation. There was merely an authorization, which was accepted by the
Bank, that the latter shall pay As debt out of whatever crop loan would be
granted to him by the Bank. As it turned out, the Bank agreed to lend A only P2,
000.00, and said amount was paid directly to B in accordance with the Banks
promise. Beyond that amount, the Bank cannot be held liable. (Hodges vs. Rey,
111 Phil. 219).
Suggested Answer
Suggested Answer:
(b) Heirs of Y: On the other hand, the heirs of Y may proceed against Ds
employer only. The source of the liability of Ds employer, in this case, is
the breach of his contract of carriage with Y (culpa contractual). His
liability is direct and primary. He cannot relieve himself of liability by
proving due diligence of a good father of a family (Art. 1759, CC). This
is so because under our law on common carriers, we do not adhere to the
principle of respondent superior; we adhere to the principle that there is
always an implied duty of a common carrier to carry the passenger safely
to his place of destination. However, although not available as a defense,
such proof of due diligence may serve to mitigate the employers
liability.
Suggested Answer:
Suggested Answer
Suggested Answer:
Yes, the action will prosper. The stipulations in the barter agreement are
clear. All that the parties intended was to transfer the material possession and
use of the subject properties to the other. There was, therefore, no conveyance
of their right of ownership. In fact, the parties retained their rights to alienate
their right of ownership, a right which is one element of ownership. What was,
therefore, transferred was merely their right of usufruct. But then, the document
also says that DP shall be obliged to return the property to AB when the latters
son shall attain majority and decide to return DPs property. The mutual
6
Suggested Answer
11. Obligation with a period; courts fixing the period (1980 BAR)
M and N were very good friends. N borrowed P10, 000.00 from M.
Because of their close relationship, the promissory note executed by N provided
that he would pay the loan whenever his means permit. Subsequently, M and
N quarrelled. M now asks you to collect the loan because he is in dire need of
money. What legal action, if any, would you take in behalf of M?
Suggested Answer:
7
M must bring an action against N for the purpose of asking the court
to fix the duration of the term or period for payment. According to the Civil
Code, when the debtor binds himself to pay when his means permit him to do
so, the obligation shall be deemed to be one with a period, subject to the
provisions of Art. 1197. In other words, it shall be subject to those provisions of
the Code with respect to obligations with a term or period which must be
judiciary fixed. Thus, in the instant case, the court shall determine such period
as may under the circumstances have been probably contemplated by the
parties. Once determined or fixed, it becomes a part of the covenant of the two
contracting parties. It can no longer be changed by them. If the debtor defaults
in the payment of the obligation after the expiration of the period fixed by the
court, the creditor can then bring an action against him for collection. Any
action for collection brought before that would be premature. This is wellsettled.
(Note: The above answer is based on Arts. 1180 and 1197 of the Civil Code and
on Gonzales vs. Jose, 66 Phil. 369; Concepcion vs. People of the Phil. 74 Phil.
62; Pages vs. Basilan, 104 Phil. 882, and others).
Alternative Answer:
Suggested Answer:
Suggested Answer
(a)
(b)
Suggested Answer:
O can hold A and B solidarily liable for damages. This is clear from the
Civil Code, which declares that the contractor is liable for damages if
within fifteen years from the completion of the edifice or structure, the
same should collapse on account of defects in the construction. lf the
engineer or architect who drew up the plans and specifications of the
building supervises the construction, he shall be solidarily liable with the
contractor. Acceptance of the building, after completion, does not imply
waiver of the cause of action. However, the action must be brought
within ten years following the collapse of the building.
(Note: The above answer is based on Art. 1723 of the Civil Code).
O can demand reconstruction of the building. The obligation of both A
and B is an obligation to do. Consequently, Art. 1167 of the Civil Code is
applicable. According to this article, if a person obliged to do something
does it in contravention of the tenor of the obligation, the same shall be
executed at his cost. It is obvious that the builder B and the architect A
performed their jobs in contravention of the tenor of the obligation. As a
matter of fact, had the building not collapsed, under the same article, it
may even be decreed that what has been poorly done be undone.
Consequently, C can now demand for the reconstruction of the building
by A and B or by another at their cost.
(Note: The above answer is based on Art. 1167 of the Civil Code and on
Manresa, vol. 8, pp. 116-117).
10
(a)
Suggested Answer:
Yes, buyer B is still legally obligated to pay the purchase price. It must
be observed that S had already delivered the car to X, the third party
depositary or bailee. It was agreed that ownership is retained by S until
delivery to X. Therefore, there was already a transfer of the right of
ownership over the car to B. Consequently, B shall assume the fortuitous
loss of the car. As a matter of fact, even if it was agreed that S shall retain
the ownership of the car until the purchase price has been paid by B, the
end result will still be the same. Since, evidently, the purpose is to secure
performance by the buyer of his obligation to pay the purchase price, by
express mandate of the law, the fortuitous loss of the car shall be assumed
by B.
(Note: The above answer is based on Art. 1504 of the Civil Code).
The seller S cannot demand payment in U.S. dollars. According to the
law, an agreement that payment shall be made in currency other than
Philippine currency is void because it is contrary to public policy. That
does not mean, however, that S cannot demand payment from B. He
can demand payment, but not in American dollars. Otherwise, there
would be unjust enrichment at the expense of another. Payment,
therefore, should be made in Philippine currency.
(Note: The above answer is based on R.A. No. 529 and on Ponce vs.
Court of Appeals, 90 SCRA 533).
(b)
19. Compensation; principal creditor and debtor of each other (1981 BAR)
B borrowed from C P1,000.00 payable in one year. When C was in the
province, Cs 17-year-old son borrowed P500.00 from B for his school tuition.
However, the son spent it instead night-clubbing. When the debt to C fell due, B
tendered only P500.00, claiming compensation on the P500.00 borrowed by Cs
son.
(a)
(b)
Suppose the minor son actually used the money for school tuition, would
the answer be different? Reasons.
Suggested Answer:
(a) There is no legal compensation. Under the Civil Code, in order that
there will be a valid and effective compensation, it is essential that
there must be two parties, who in their own right, are principal
creditors and principal debtors of each other. In the instant case, C
cannot be considered as a party to the act of his 17-year-old son in
borrowing P500.00 from B. Consequently, he did not become a
principal debtor of B; neither did B become a principal creditor of C.
Therefore, there can be no partial compensation of the P1,000.00
borrowed by B from C.
(Note: The above answer is based on Arts. 1278 and 1279, No. 1, of
the Civil Code and on decided cases).
(b) There would be no difference in my answer. There will still be no
legal compensation. The fact that Cs son actually used the P500.00
for his school tuition did not make C a party to the contract between
his son and B. Therefore, C is not the principal debtor of B with
respect to said amount.
(Note: The above answer is based on Arts. 1278 and 1279, 1, Civil
Code).
Suggested Answer
It must be observed that there are two questions in the case at bar. They are:
(1) Is the agreement valid? The answer is yes. It is a time-honored rule
that even a verbal agreement to sell land is valid so long as there
is already an agreement with respect to the object and the purchase
price.
(2) Will an action by "B" against "A" for specific performance prosper?
The answer is no, unless it is ratified. The reason is obvious. The
agreement, being an agreement of sale of real property, is covered
by the Statute of Frauds
It cannot, therefore, be enforced by a court
12
21. Obligations with a period; Court fixing the period (1982 BAR)
A Corporation, engaged in the sale of subdivision residential lots, sold to
B a lot of 1,000 square meters. The contract provides that the corporation
should put up an artesian well with tank, within a reasonable time from the date
thereof and sufficient for the needs of the buyers. Five years thereafter, and no
well and tank have been put up by the corporation, B sued the corporation for
specific performance. The corporation set up a defense that no period having
been fixed, the court should fi x the period. Decide with reason.
Suggested Answer:
Alternative Answer:
13
Suggested Answer:
In this case, according to the Civil Code, the debt, which is most onerous
to the debtor, among those due, shall be deemed satisfied. Analyzing the four
debts stated in the problem, the most onerous is No. 4, the second most onerous
is No. 2, the third most onerous is No. 3, and the least onerous is No. 1.
Consequently, the payment should be applied in that order.
(Note: The above answer is based on Art. 1254 of the Civil Code, and on
decided cases and commentaries of recognized commentators.)
Suggested Answer:
24. Fortuitous events; circumstances when liability still exists (1983 BAR)
14
Cite three instances where a person is made civilly liable for failure to
comply with his obligations although he was prevented from doing so by a
fortuitous event.
Suggested Answer:
In the following instances, a person is still civilly liable for failure to
comply with his obligation although he was prevented from doing so by a
fortuitous event:
(1) When by law, the debtor is liable even for fortuitous events;
(2) When by stipulation of the parties, the debtor is liable even for
fortuitous events;
(3) When the nature of the obligation requires the assumption of risk;
(4) When the object of the obligation is lost and the loss is due partly to
the fault of the debtor;
(5) When the object of the obligation is lost and the loss occurs after the
debtor has incurred in delay;
(6) When the debtor promised to deliver the same thing to two or more
persons who do not have the same interest;
(7) When the obligation to deliver arises from a criminal offense; and
(8) When the obligation is generic.
(Note: Any 3 of the 8 should be a correct answer. Nos. 1, 2 and 3 are based on
Arts. 1174 and 1262, NCC; Nos. 4, 5, and 6 are based on Arts. 1165 and 1262,
NCC; while Nos. 7 and 8 are based on Arts. 1268 and 1263, NCC.)
Suggested Answer:
B cannot compel A to deliver the 21-inch 1983 model TV set. The reason
is obvious. The obligation is to give a generic object because the object is
designated merely by its class or genus without any particular designation or
physical segregation from others of the same class. An action for specific
performance is, therefore, legally and physically impossible. Consequently, the
remedy of B is to ask for the delivery of a 21-inch 1983 model TV set which
must be neither of superior nor inferior quality. This is explicitly recognized by
the New Civil Code. As a matter of fact, he can even ask that the obligation be
complied with at the expense of the debtor. These remedies are also explicitly
recognized by the New Civil Code.
15
In the case of the refrigerator, the situation is different. The court may
compel A to comply with the obligation specifically. The obligation is
determinate. Under the New Civil Code, if the debtor or obligor is refuses or is
unable to comply with his obligation, assuming that the obligation is a
determinate obligation to give, the remedy of the creditor or obligee is to bring
an action against the debtor or obligor for specific performance. Additionally,
he can recover damages.
On the other hand, the court cannot compel A to repair the piano. The
reason is obvious. The obligation of A is an obligation to do. In this type of
obligaton, the law recognizes the individuals freedom to choose between doing
that which he has promised to do and not doing it. It falls within what
commentators call a personal act, of which courts may not compel compliance
as it is an act of violence to do so. The remedy, therefore, of B is to have the
obligation executed at the expense of A. Additionally, he can recover damages
from A.
(Note: The above answer is based on Arts. 1165, par. 1, 1167 and 1170, New
Civil Code.)
Suggested Answer:
period, but B refused to accept it. A then brought an action in court for specific
performance. B contends that since A did not deposit the money in court
within the stipulated period for repurchase and the period has now lapsed,
A can no longer repurchase the property. Is this contention correct? Explain.
A.
Suggested Answer:
Furnished by Office of Justice Palma
Suggested Answer:
(1) Yes, there is a perfected contract because there is already a
concurrence between the offer and the acceptance with respect to
the object and the cause which shall constitute the contract. Such
concurrence is manifested by the acceptance made by Merle of the offer
made by Violy.
(2) I submit that the promise to pay made by Violy is not conditional,
but with a term. The promise is to pay the P50,000 upon arrival in
this port of the steamer, Helena, not if the steamer Helena shall
17
arrive in this port. Hence, the promise is with regard to the date of
arrival and not with regard to the fact of arrival.
(3) Yes, Merle can compel Violy to pay the purchase price and to accept
the automobile. She will, however, have to wait for the date when the
steamer, Helena, would have arrived were it not for the shipwreck. After
all, there is already a perfected contract.
Alternative Answer:
(2) The promise to pay is subject to a term. When there is a pre-existing
obligation and the "condition" affects only the time of payment such
"condition" can be considered as a period. In other words, the parties
must be deemed to have contemplated a period,
(3) Yes Merle can compel Violy to pay the purchase price and to accept
the automobile but only after the parties would have fixed the period.
Failing in that, the courts may be asked to fix the period. Article 1180
provides that: "When the debtor binds himself to pay when his means
permit him to do so, the obligation shall be deemed to be one with a
period, subject to the provisions of article 1197."
Suggested Answer:
Alternative Answers:
(1) There remains an obligation on the basis of the facts given. There is
no showing in the facts that the P4,000 has been paid so it
created a modified obligatory obligation no longer based on the
judgment but based on the novatory agreement.
(2) There is no implied novation. Instead there has been a partial
remission in the amount of P2,000 leaving P4,000 still enforceable under
the judgment.
(3) It can amount to a compromise. A final judgment which has not yet
been fully satisfied may be the subject of a compromise. The
compromise partakes the nature of a novation. Article 204; provides
that: "If one of the parties fails or refuses to abide by the
compromise, the other party may either enforce the compromise or
regard it as rescinded and insist upon his original demand."
(Gatchalian vs, Arlegui 75 SCRA 234; Dormitorio vs. Fernandez 72
SCRA 388).
Suggested Answer
(a) Yes, minority can be a basis to nullify the partition because D,
E and F were not properly represented by their parents or guardians
at the time they contracted the extra-judicial partition. (Articles 1327
and 1391, Civil Code).
(b) In the case of fraud, when through Insidious words or machinations of
one party the other is induced to enter into the contract without which he
would not have agreed to, the action still prosper because under Art, 1391
of the Civil Code, in case of fraud, the action for annulment may be
brought within four years from the discovery of the fraud.
Suggested Answer:
Roland is bound by the contract he entered into with Lady Love and he
cannot disregard the same, under the principles of obligatoriness of contracts.
Obligations arising from contracts have the force of law between the parties.
Suggested Answer:
Yes, Roland is liable under the contract as far as Lady Love is concerned. He
is liable for damages under Article 1170 of the Civil Code since he contravened
the tenor of his obligation. Not being a contracting party, Sweet Taste is not
bound by the contract but it can be held liable under Art. 1314. The basis of its
liability is not prescribed by contract but is founded on quasi-delict, assuming
that Sweet Taste knew of the contract. Article 1314 of the Civil Code provides
20
that any third person who induces another to violate his contract shall be liable
for damages to the other contracting party.
Alternative Answer:
It is assumed that Lady Love knew of the contract. Neither Roland nor
Sweet Taste would be liable, because the restriction in the contract is violative
of Article 1306 as being contrary to law morals, good customs, public order or
public policy.
Suggested Answer:
No, the action for specific performance filed by the buyer is premature under
Art. 1197 of the Civil Code. If a period has not been fixed although
contemplated by the parties, the parties themselves should fix that period,
failing in which, the Court maybe asked to fix it taking into consideration the
probable contemplation of the parties. Before the period is fixed, an action for
specific performance is premature.
Alternative Answers:
1. It has been held in Borromeo vs. CA (47 SCRA 69), that the Supreme
Court allowed the simultaneous filing of action to fix the probable
contemplated period of the parties where none is fixed in the agreement if
this would avoid multiplicity of suits. In addition, technicalities must be
subordinated to substantial justice.
2. The action for specific performance will not prosper. The filing of the
ejectment suit by the seller was precisely in compliance with his
obligations and should not, therefore, be faulted if no decision has yet
been reached by the Court on the matter.
21
Suggested Answer:
Yes, the Able Construction. Inc. is entitled to the relief sought under Article
1267, Civil Code. The law provides: "When the service has become so difficult
as to be manifestly beyond the contemplation of the parties, the obligor may
also be released therefrom, in whole or in part."
Suggested Answer:
22
Alternative Answer:
23
Suggested Answer:
Suggested Answer:
No, the action will not prosper. The action for rescission may be brought
only by the aggrieved party to the contract. Since it was Salvador who failed to
comply with his conditional obligation, he is not the aggrieved party who may
24
file the action for rescission but the Star Semiconductor Company. The
company, however, is not opting to rescind the contract but has chosen to waive
Salvador's compliance with the condition which it can do under Art. 1545,
NCC.
Alternative Answer:
The action for rescission will not prosper. The buyer has not committed
any breach, let alone a substantial or serious one, to warrant the
rescission/resolution sought by the vendor. On the contrary, it is the vendor who
appears to have failed to comply with the condition imposed by the contract the
fulfillment of which would have rendered the obligation to pay the balance of
the purchase price demandable. Further, far from being unable to comply with
what is incumbent upon it, ie., pay the balance of the price the buyer has
offered to pay it even without the vendor having complied with the suspensive
condition attached to the payment of the price, thus waiving such condition as
well as the 60-day term in its favor The stipulation that the P100,000.00 down
payment shall be returned by the vendor to the vendee if the squatters are not
removed within six months, is also a covenant for the benefit of the vendee,
which the latter has validly waived by implication when it offered to pay the
balance of the purchase price upon the execution of a deed of absolute sale by
the vendor. (Art. 1545, NCC)
Suggested Answer:
I would advise Maria not to bother running after Juan for the latter to
make good his promise. [This is because a promise is not an actionable wrong
that allows a party to recover especially when she has not suffered damages
resulting from such promise. A promise does not create an obligation on the part
of Juan because it is not something which arises from a contract, law, quasicontracts or quasidelicts (Art, 1157)]. Under Art. 1182, Juan's promise to
Maria is void because a conditional obligation depends upon the sole will of the
obligor.
25
38. Consensual vs. Real Contracts; Kinds of Real Contracts (1998 BAR)
Distinguish consensual from real contracts and name at least four (4)
kinds of real contracts under the present law.
Suggested Answer:
Consensual contracts are those which are perfected by mere consent (Art.
1315. Civil Code). Real contracts are those which are perfected by the delivery
of the object of the obligation. (Art. 1316, Civil Code) Examples of real
contracts are deposit, pledge, commodatum and simple loan (mutuum).
Suggested Answer:
Suggested Answer:
Y bank is correct. Art. 1287, Civil Code, does not apply. All the requisites
of Art. 1279, Civil Code are present. In the case of Gullas vs. PNB [62 Phil.
519), the Supreme Court held: "The Civil Code contains provisions regarding
compensation (set off) and deposit. These portions of Philippine law provide
that compensation shall take place when two persons are reciprocally creditor
and debtor of each other. In this connection, it has been held that the relation
existing between a depositor and a bank is that of creditor and debtor, x x x As a
general rule, a bank has a right of set off of the deposits in its hands for the
payment of any indebtedness to it on the part of a depositor." Hence,
compensation took place between the mutual obligations of X and Y bank.
Suggested Answer:
(a) Yes, the sale to the other person is valid as a sale with a resolutory condition
because what operates as a suspensive condition for Eva operates a resolutory
condition for the buyer.
Yes, the sale to the other person is valid. However, the buyer acquired the
property subject to a resolutory condition of Eva passing the 1998 Bar
27
Examinations. Hence, upon Eva's passing the Bar, the rights of the other buyer
terminated and Eva acquired ownership of the property.
The sale to another person before Eva could buy it from Manuel is valid, as the
contract between Manuel and Eva is a mere promise to sell and Eva has not
acquired a real right over the land assuming that there is a price stipulated in the
contract for the contract to be considered a sale and there was delivery or
tradition of the thing sold.
Suggested Answer:
(b) No, she is not entitled to the rentals collected by Manuel because at the time
they accrued and were collected, Eva was not yet the owner of the property.
Assuming that Eva is the one entitled to buy the house and lot, she is not
entitled to the rentals collected by Manuel before she passed the bar
examinations. Whether it is a contract of sale or a contract to sell, reciprocal
prestations are deemed imposed A for the seller to deliver the object sold and
for the buyer to pay the price. Before the happening of the condition, the fruits
of the thing and the interests on the money are deemed to have been mutually
compensated under Article 1187.
Under Art. 1164, there is no obligation on the part of Manuel to deliver the
fruits (rentals) of the thing until the obligation to deliver the thing arises. As the
suspensive condition has not been fulfilled, the obligation to sell does not arise.
Suggested Answer:
No, he is not correct. First of all, the condition is not purely potestative,
because it does not depend on the sole will of one of the parties. Secondly, even
if it were, it would be valid because it depends on the sole will of the creditor
(the donee) and not of the debtor (the donor).
28
Suggested Answer:
It depends. If the notation "in full payment of the loan" was written by
Arturo's father, there was an implied condonation of the balance that discharges
the obligation. In such case, the notation is an act of the father from which
condonation may be inferred. The condonation being implied, it need not
comply with the formalities of a donation to be effective. The defense of full
payment will, therefore, be valid.
When, however, the notation was written by Arturo himself. It merely proves
his intention in making that payment but in no way does it bind his father (Yam
v. CA, G.R No. 104726. 11 February 1999). In such case, the notation was not
the act of his father from which condonation may be inferred. There being no
condonation at all the defense of full payment will not be valid.
Alternative Answer:
by the fact that the exchange rate of the Philippine peso to the dollar had
increased from P25.00=$1.00 to P50.00=$1.00. Brian refused to pay the
increased rate and an action for unlawful detainer was filed against him. Will
the action prosper? Why?
Suggested Answer:
Alternative Answer:
Alternative Answer:
Suggested Answer:
The fourth students are correct. His liability is only joint, hence, pro rata.
There is solidary liability only when the obligation expressly so states or
when the law or nature of the obligation requires solidarity (Art. 1207,
NCC). The contract of lease in the problem does not, in any way, stipulate
solidarity.
30
Suggested Answer:
Suggested Answer:
(a) A may avail the minority of B as a defense, but only for Bs share of
P 10, 000.00. A solidary debtor may avail himself of any defense
which personally belongs to a solidary co-debtor, but only as to the share
of that co-debtor.
(b) A may avail of the condonation by X of Cs share of P 10,
000.00. A solidary debtor may, in actions filed by the creditor, avail
himself of all defenses which are derived from the nature of the
obligation and of those which are personal to him or pertain to his own
share. With respect to those which personally belong to others, he may
avail himself thereof only as regards that part of the debt for
which the latter are responsible. (Article 1222, NCC).
(c) A may not interpose the defense of insolvency of D as a
defense. Applying the principle of mutual guaranty among solidary
debtors, A guaranteed the payment of Ds share and of all the other
co-debtors. Hence, A cannot avail of the defense of Ds insolvency.
(d) The extension of six (6) months given by X to E may be availed of
by A as a partial defense but only for the share of E. there is no novation
of the obligation but only an act of liberality granted to E alone.
Suggested Answers:
(a) A may avail the minority of B as a defense, but only for Bs share of P
10,000.00. A solidary debtor may avail himself of any defense which
personally belongs to a solidary co-debtor, but only as to the share of that
co-debtor.
(b) A may avail of the condonation by X of Cs share of P 10, 000.00. A
solidary debtor may, in actions filed by the creditor, avail himself of all
defenses which are derived from the nature of the obligation and of those
which are personal to him or pertain to his own share. With respect to
those which personally belong to others, he may avail himself thereof
only as regards that part of the debt for which the latter are responsible.
(Article 1222, NCC).
(c) A may not interpose the defense of insolvency of D as a defense.
Applying the principle of mutual guaranty among solidary debtors, A
guaranteed the payment of Ds share and of all the other co-debtors.
Hence, A cannot avail of the defense of Ds insolvency.
(d) The extension of six (6) months given by X to E may be availed of by
A as a partial defense but only for the share of E, there is no novation of
the obligation but only an act of liberality granted to E alone.
(a)
(b)
Suggested Answer:
The obligation is valid. It is an obligation subject to an indefinite period
because the debtor binds himself to pay when his means permit him to
do so (Article 1180, NCC). When the creditor knows that the debtor
already has the means to pay, he must file an action in court to fix the
period, and when the definite period as set by the court arrives, the
obligation to pay becomes demandable 9Article 1197, NCC).
The obligation to pay when he likes is a suspensive condition the
fulfilment of which is subject to the sole will of the debtor and, therefore
the conditional obligation is void. (Article 1182, NCC).
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(c)
(d)
Suggested Answer:
Inexistent contracts are considered as not having been entered into and,
therefore, void ab initio. They do not create any obligation and cannot be
ratified or validated, as there is no agreement to ratify or validate. On the other
hand, annullable or voidable contracts are valid until invalidated by the court
but may be ratified. In inexistent contracts, one or more requisites of a valid
contract are absent. In annullable contracts, all the elements of a contract are
present except that the consent of one of the contracting parties was vitiated or
one of them has no capacity to give consent.
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References:
Icao, J & Icao, A. (2005). Answers to Bar Examination Questions in Civil Law
Arranged Topic (1975-2004). Dumaguete, Negros Oriental: Siliman
University College of Law. Retrieved February 6, 2015 from
https://www.scribd.com/doc/185962564/Civil-Law-Q-A-1975-to-2004
Icao, J & Icao, A. (2005). Answers to Bar Examination Questions in Civil Law
Arranged Topic (1990-2006). Dumaguete, Negros Oriental: Siliman
University College of Law. Retrieved February 6, 2015 from
https://upangphinmalaw.files.wordpress.com/2011/03/suggested-answersin-civil-law-bar-exams1990-2006.pdf
Jurado, D. (2010). Comments and Jurisprudence on Obligations and Contracts
(12th ed.). Metro Manila: Rex Publishing.
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