CASE ANALYSIS

The Law on Obligations and Contracts (2014)

By Hector S. De Leon and Hector M. De Leon, Jr.
Chapter III - Obligations with a Period
ECE70 – C11
PANGILINAN, John Jomel O.

School of Electrical, Electronics, and Communication Engineering

Mapua University
Intramuros, Manila
pangilinanjohnjomel@gmail.com

Abstract – This paper discusses the obligation of D is considered as

analysis and answer to the problems given on
Chapter which is all about Laws on Obligations and
Contracts. Moreover, this paper will tackle
different kinds of obligations and obligations with
a period
Keyword – obligations, fruits, real right,
I. QUESTIONS TO THE PROBLEMS
Two problems are stated in this paper, these are
as follows:
2. D binds himself to give P10,000 to C upon
the death of the father of D. Is the obligation
of D conditional or one with a period?
3. D obtained a loan from C in the amount of
P50,000, payable on August 10. As security
for his debt, D mortgaged his car in favor of
C. the car, however, was substantially
damaged without the fault of D. What right,
if any, does C have under the law? May C
demand payment from D even before
August 10?
II. ANALYSIS/EVALUATION OF
THE PROBLEM
1. From the second problem, since both D
and C agreed that the death of the father is
the time when D will give P10,000, this
conditional. This is due to the fact that it is
still uncertain when the exact time or date
the death will take place.
The answer can be supported by Article
1193, which states that “If the uncertainty
consists in whether the day will come or
not, the obligation is conditional, and it
shall be regulated by the rules of
preceding section.”
2. From the third problem, the answer is
Yes. C have the right to demand payment
from D and be able to disregard the period
because of the impairment of the guaranty
and security of D.
This is with accordance to the third
paragraph of Article 1198, which states
that “When by his own acts he was
impaired said guaranties or securities after
their establishment and when through a
fortuitous event they disappear unless he
immediately gives new ones equally
satisfactory.” The guaranty was damaged
without the fault of D, which can be
considered as a fortuitous event.
III. QUESTION/S TO ASK TO THE
PRESENTER
1. From the third problem, what if the one
who is responsible for damaging the car is
C? What will happen to D’s obligations?
 IV. REFERENCES

[1] De Leon, Hector S, the Law on Obligations

and Contracts, REX Publishing Inc, p. 134,
2014 Revised Edition