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CIV TOPICS

PART I
I.
A. Capacity to enter into K of Lease
B. Solidary Liability

II.
A. Solidary Debtors, right to reimbursement from co-debtor
B. Condonation of Solidary Obligation; effect of condonation of Joint/ Solidary Debtors
III.
A. Contract of Lease
B. Valid Novation
C. Requisites of Novation

IV.
A. Payment by 3rd Person ; with consent/ knowledge = reimbursement. If no consent –
reimbursement for benefit
B. Lease; If no consent – reimbursement for benefit; Extinguishment of Obligation
C. Payment with Knowledge and Consent – reimburse for all amount + subrogation
V.
A. Consignation – STEPS (page 59, TLC Reviewer)
1) Must be due and demandable and liquidated
2) Valid tender of payment
3) 1st Notice to CR: for consignation to court
4) Deposit to judicial authorities
5) 2nd Notice: to CR that DR has consignated
B. Art 1256: Instances when valid prior tender of payment is not required (page 58, TLC)
VI.
A. ART 1650: K of LEASE; action; sublease is allowed as long as not expressly prohibited
B. ART 1670: PAGE 78 - Renewal of Lease; Implied

Art. 1670. If at the end of the contract the lessee should continue enjoying the
thing leased for fifteen days with the acquiescence of the lessor, and unless a
notice to the contrary by either party has previously been given, it is understood
that there is an implied new lease, not for the period of the original contract, but for
the time established in Articles 1682 and 1687. The other terms of the original
contract shall be revived.

Tacita Reconduccion – implied new lease


Elements/Requisites (1670)
1. Original lease contract has expired;

2. Lessee continues possession of the thing for 15 days;

3. Possession of lessee was with acquiescence of the lessor;
4. No notice to contrary has been given prior by either party.
VII.
A. Option Money (TLC, 62)
B. Option Money v Earnest Money (TLC,62)
a. OM: no perfected contract 

b. EM: already a perfected contract 

c. OM: price separate and distinct from the fixed price 

d. EM: part of the fixed price 


PART 2
I. Natural Obligations ,(TLC, 66)
NATURAL OBLIGATIONS – Those based on equity and natural law, which are not
enforceable by means of a court action, but after voluntary fulfillment by the obligor, it
authorizes the retention by the oblige of what has been delivered or rendered by reason
thereof.

Art. 1430. When a will is declared void because it has not been executed in accordance
with the formalities required by law, but one of the intestate heirs, after the settlement of
the debts of the deceased, pays a legacy in compliance with a clause in the defective will,
the payment is effective and irrevocable.

Example
In a will defective for lack of the needed legal formalities, X, a friend, was given a legacy.
The legacy is void, and the whole estate should go to the intestate heirs. If however, the
intestate heirs give X the legacy, they cannot get it back now, provided that the debts of
the deceased have been settled.

PART 3
0. Collection of deficiency, RECTO LAW
Special Remedies:
Sale of Personal Property in Installment (Art. 1484) – (RECTO 
 LAW) – seller has the
following alternative remedies:
1. Specific performance in case buyer fails to pay (CAN 
 RECOVER
DEFICIENCY); 

2. Rescission of the sale in case of default of 2 or more 
 installments; 

3. Foreclose the chattel mortgage on the thing sold in 
 case of default of 2 or
more installments. (CANNOT 
 RECOVER DEFICIENCY) 

** In addition, the seller can also retain the installments paid provided the forfeiture is not
unconscionable. (Art. 1486) 

PERSON 2
1. Rescission, Right of First Refusal (TLC 69_
Right of First Refusal – an innovative juridical relation. If such right is incorporated in a
contract, it is enforceable by specific performance. Otherwise, the injured party can only
sue for damages. (Must be specifically included in the contract itself) (No price yet, but
offer will be given, once the owner decides to sell)

Probable Q:
A, lessor - B – LEASE w ROFR  here remedy is SPECIFIC PERFORMANCE
A sold to C – K o Sale  this may be rescinded

2. A. 1236 B. 1236 C. 1236


Art. 1236. The creditor is not bound to accept payment or performance by a third person
who has no interest in the fulfillment of the obligation, unless there is a stipulation to the
contrary.
Whoever pays for another may demand from the debtor what he has paid, except
that if he paid without the knowledge or against the will of the debtor, he can recover only
insofar as the payment has been beneficial to the debtor.

Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will
of the latter, cannot compel the creditor to subrogate him in his rights, such as those aris-
ing from a mortgage, guaranty, or penalty.

Art. 1238. Payment made by a third person who does not intend to be reimbursed by the
debtor is deemed to be a dona- tion, which requires the debtor’s consent. But the
payment is in any case valid as to the creditor who has accepted it.
3. ART 1429 : Natural Obligations
4. A. CONSIGNATION B. TENDER OF PAYMENT NOT NECESSARY WHEN
5. Requisites of Novation:
1) There is a valid prior obligation 

2) There is an agreement to a new obligation 

3) There is the extinguishment of the old obligation 

4) There is now the validity of the new obligation 

6. RECTO LAW
a. SPECIFIC PERFORMANCE – SELLER MAY RECOVER DEFICIENCY
b. IF FORECLOSURE – SELLER NO RECOVERY OF DEFICIENCY
7. SEE ART 1602; Equitable Mortgage – is one which lacks the formalities, words or other
requisites prescribed by law for a mortgage, but shows the intention of the parties to
make the property as security for a debt. (TLC, 74)
8. SUBLEASE - Sublease – ALLOWED, unless expressly prohibited in the contract of lease
of things (1650)
9. TACITA RECONDUCCION (TLC, 78)
10. WRONG ANSWER – EARNEST MONEY?
11. COMMON CARRIER – utmost diligence of a very cautious person
Art. 1163. Every person obliged to give something is also obliged to take care of it
with the proper diligence of a good father of a family, unless the law or the
stipulation of the par- ties requires another standard of care.
“A common carrier is bound to carry the passengers safely as far as human care and
foresight can provide, using the utmost diligence of very cautious persons, with a due
regard for all the circumstances.” (Art. 1755, Civil Code).]
12. ART 1198 PAR 3, NCC
Art. 1198. The debtor shall lose every right to make use of the period:
(1) When after the obligation has been contracted, he becomes insolvent, unless he
gives a guaranty or security for the debt;
(2) When he does not furnish to the creditor the guaran- ties or securities which he has
promised;
(3) When by his own acts he has impaired said guaran- ties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;
(4) When the debtor violates any undertaking, in con- sideration of which the creditor
agreed to the period;
(5) When the debtor attempts to abscond.

*** IF DI NIYA NIRENEW YUNG SECURITY (REM /SURETY BOND) OR GUARANTY 


TAPOS NAWALA THRU FORTUITOUS EVENT (NASUNOG)  UNLESS,

13. Joint and Solidary Obligations (Arts. 1207 to 1222) (TLC,56)


1207: When obligation is Solidary:
1. The obligation expressly so states 

2. The law requires solidarity 

3. The nature of the obligation requires solidarity 

*In a solidary obligation, the relationship between the creditors and debtors is solidary,
however, the relationship between creditors and debtors is joint.
debtor (even if one of the debtors got his part of the debt condoned)

“We promise to pay” = JOINT


“I promise to pay”, signed by 2 or more pax = Solidary
“We jointly and severally promise to pay” = Solidary
“Individually and jointly” = Solidary (Ronquillo v CA)
“Together or separately” = Solidary