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Civil Law Exam Part 2

1) X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the day that X was
supposed to deliver Karla's dresses, however, a family emergency came up - so X left a message for Karla to say
that she had an urgent matter to attend to and will deliver them the next day. That night, however, a robber broke
into her shop and took everything including Karla's two dresses. X claims she is not liable to deliver Karla's
dresses or to pay for the clothing materials considering she herself was a victim of the robbery which was a
fortuitous event and over which she had no control. Do you agree? Why? (5%)

2) Nante, a registered owner of a parcel of land in Quezon City, sold the property to Monica under a deed of sale which
reads as follows:

"That for and in consideration of the sum of P500,000.00, value to be paid and delivered to me, and receipt of which
shall be acknowledged by me to the full satisfaction of Monica, referred to as Vendee, I hereby sell, transfer, cede,
convey, and assign, as by these presents, I do have sold, transferred, ceded, conveyed and assigned a parcel of land
covered by TCT No. 2468 in favor of the Vendee."

After delivery of the initial payment of P100,000.00, Monica immediately took possession of the property. Five (5)
months after, Monica failed to pay the remaining balance of the purchase price. Nante filed an action for the recovery of
possession of the property. Nante alleged that the agreement was one to sell,which was not consummated as the full
contract price was not paid. Is the contention of Nante tenable? (5%)

3) Dorotea leased portions of her 2,000 sq. m. lot to Monet, Kathy, Celia, and Ruth for five (5) years. Two (2) years
before the expiration of the lease contract, Dorotea sold the property to PM Realty and Development
Corporation. The following month, Dorotea and PM Realty stopped accepting rental payments from all the
lessees because they wanted to terminate the lease contracts. Due to the refusal of Dorotea to accept rental
payments, the lessees , Ruth, et al., filed a complaint for consignation of the rentals before the Regional Trial
Court (RTC) of Manila without notifying Dorotea. Is the consignation valid? (5%)

4) Dino sued Ben for damages because the latter had failed to deliver the antique Marcedes Benz car Dino had purchased
from Ben, which was—by agreement—due for delivery on December 31, 1993. Ben, in his answer to Dino's complaint,
said Dino's claim has no basis for the suit, because as the car was being driven to be delivered to Dino on January 1,
1994, a reckless truck driver had rammed into the Mercedes Benz. The trial court dismissed Dino's complaint, saying
Ben's obligation had indeed, been extinguished by force majeure. Is the trial court correct?? (5%)

5) Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the amount of P20, 000.00 to his
daughter, Paula, for the payment of her tuition fee. Paula went to an RPP branch but was informed that there was
no money remitted to her name. Peter inquired from RPP and was informed that there was a computer glitch and
the money was credited to another person. Peter and Paula sued RPP for actual damages, moral damages and
exemplary damages. The trial court ruled that there was no proof of pecuniary loss to the plaintiffs but awarded
moral damages of P20, 000.00 and exemplary damages of P5, 000.00. On appeal, RPP questioned the award of
moral and exemplary damages. Is the trial court correct in awarding moral and exemplary damages? Explain.
(5%)

6) The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of donation was
executed, signed by the donor, Don Mariano, and the donee, the Church, as represented by Fr. Damian. Before the deed
could be notarized, Don Mariano died. Is the donation valid? (5%)

7) Roland, a basketball star, was under contract for one year to play-for-play exclusively for Lady Love, Inc.
However, even before the basketball season could open, he was offered a more attractive pay plus fringes benefits
by Sweet Taste, Inc. Roland accepted the offer and transferred to Sweet Taste. Lady Love sues Roland and Sweet
Taste for breach of contract. Defendants claim that the restriction to play for Lady Love alone is void, hence,
unenforceable, as it constitutes an undue interference with the right of Roland to enter into contracts and the
impairment of his freedom to play and enjoy basketball.
Can Roland be bound by the contract he entered into with Lady Love or can he disregard the same? Is he liable
at all? How about Sweet Taste? Is it liable to Lady Love? (5%)
8) Despite a warning from the police that an attempt to hijack a PAL plane will be made in the following week, the
airline did not take extra precautions, such as frisking of passengers, for fear of being accused of violating human
rights. Two days later, an armed hijacker did attempt to hijack a PAL flight to Cebu. Although he was subdued by
the other passengers, he managed to fire a shot which hit and killed a female passenger. The victim's parents sued
the airline for breach of contract, and the airline raised the defense of force majeure. Is the airline liable or not?
Explain (5%)

9) Distinguish consensual from real contracts and name at least four (4) kinds of real contracts under the present law.
(5%)

10) Edward, Francis, George, Howard, and Isaac made themselves solidarity indebted to Zach for the amount of
P100,000.00. When Zach demanded payment from Edward, the latter refused to pay on the following grounds.
a) Francis is only 17 years old.
b) George has already been condoned by Zach.
c) Howard is insolvent.
d) Isaac was given by Zach an extension of 6 months without the consent of the other four co-debtors.
State the effect of each of the above defenses put up by Edward on his obligation to pay Zach, if such defenses are
found to be true and state how much may Edward be compelled to pay Zach after considering all the given
defenses. (5%)