1. Arturo sold his Pajero to Benjamin for P1 Million.

Benjamin took the

vehicle but did not register the sale with the Land Transportation
Office. He allowed his son Carlos, a minor who did not have a driver's
license, to drive the car to buy pan de sal in a bakery. On the way,
Carlos, driving in a reckless manner, sideswiped Dennis, then riding a
bicycle. As a result, he suffered serious physical injuries. Dennis filed
a criminal complaint against Carlos for reckless imprudence resulting
in serious physical injuries.

Can Dennis file a civil action against Carlos and his father Benjamin
for damages based on quasi-delict? Explain.

2. Sarah had a deposit in a savings account with Filipino Universal Bank

in the amount of five million pesos (P5,000,000.00). To buy a new
car, she obtained a loan from the same bank in the amount of
P1,200,000.00, payable in twelve monthly installments. Sarah issued
in favor of the bank post-dated checks, each in the amount of
P100,000.00, to cover the twelve monthly installment payments. On
the third, fourth and fifth months, the corresponding checks bounced.

The bank then declared the whole obligation due, and proceeded to
deduct the amount of one million pesos (P1,000,000.00) from
Sarah’s deposit after notice to her that this is a form of compensation
allowed by law. Is the bank correct? Explain.

3. Upon the proposal of a third person, a new debtor substituted the

original debtor without the latter’s consent. The creditor accepted the
substitution. Later, however, the new debtor became insolvent and
defaulted in his obligation. What is the effect of the new debtor’s
default upon the original debtor? Explain with legal basis.

4. A buyer ordered 5,000 apples from the seller at P20 per apple. The
seller delivered 6,000 apples. What are the rights and obligations of
the buyer? Explain with legal basis.

5. Rudolf borrowed P1 million from Rodrigo and Fernando who acted as

solidary creditors. When the loan matured, Rodrigo wrote a letter to
Rudolf, demanding payment of the loan directly to him. Before
Rudolf could comply, Fernando went to see him personally to collect
and he paid him. Did Rudolf make a valid payment? Explain with
legal basis.

6. X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a
particular date. Y did not, however, appear on the agreed date to take
delivery of the rice. After one week, X automatically rescinded the sale
without notarial notice to Y. Is the rescission valid? Explain with legal
basis.

7. Anne owed Bessy P1 million due on October 1, 2011 but failed to pay
her on due date. Bessy sent a demand letter to Anne giving her 5 days
from receipt within which to pay. Two days after receipt of the letter,
Anne personally offered to pay Bessy in manager's check but the
latter refused to accept the same. The 5 days lapsed. May Anne’s
obligation be considered extinguished?
8. What is a quasi-contract? Give an example.

9. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the
amount of P 5,000.00. Suppose Buko paid the obligation, what is his
right as against his co-debtors? Explain with legal basis.

10. Siga-an granted a loan to Villanueva in the amount

of P 540,000.00. Such agreement was not reduced to writing. Siga-an
demanded interest which was paid by Villanueva in cash and checks.
The total amount Villanueva paid accumulated to P 1, 200, 000.00.
Upon advice of her lawyer, Villanueva demanded for the return of the
excess amount of P 660, 000.00 which was ignored by Siga-an. Is
solutio indebiti applicable? Explain.