Period A Reaction Paper on problem 2 and 3 page 134 of the book, The Law on Obligations and Contracts 2014 By Hector S. De Leon, Hector M. De Leon, Jr. October 14, 2016 ECE70/ A11 name School of Electrical, Electronics, and Computer Engineering Department, Mapua Institute of Technology Intramuros, Manila Philippines email
Abstract
this document provides an overview on
the topic of Obligations with a Period. It covers the topics and articles under chapter 3 section 2 of the book. Moreover, it explains every situation and provides problems, as well as solutions, to make it more understandable. This paper aims to educate the students about the existing laws in the Philippines and make them understand the possible effects or results of each obligations as well as the rights involve in such cases. Keywords penal clause, indemnity, principal obligation, accessory obligation, legal penal clause, conventional penal clause, compensatory penal clause, punitive penal clause, subsidiary penal clause and cumulative penal clause
I.
INTRODUCTION
day certain which must necessarily come, ie., the
year 2017; Christmas, although it may not be known when, like the death of a person. II.
ARTICLES
Article 1193. Obligations for whose fulfillment
a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not be known when. 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 the preceding Section. (1125a).
This paper gives a reaction regarding the
articles under chapter 3 section 2 of the Laws on the Obligations and Contracts, entitled, Obligations with a period. It also contains solved problems from the book.
Article 1194 In case of loss, deterioration or
improvement of the thing before the arrival of the day certain, the rules in article 1189 shall be observed. (n)
An obligation with a period is one whose
effects and consequences are subjected in one way or another to the expiration or arrival of said period or term.
Article 1195. Anything paid or delivered before
the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. (1126a)
A period is a future and certain event upon
the arrival of which the obligation (or right) subjected to it either arises or is terminated. It is a
Article 1196. Whenever in an obligation a
period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. (1127)
under the law? May C demand
payment from D even before August 10? IV. 1.
Article 1197. If the obligation does not fix a
period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. (1128a) Article 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 guaranties or securities which he has promised; (3) When by his own acts he has impaired said guaranties 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 consideration of which the creditor agreed to the period; (5) When the debtor attempts to abscond. (1129a) III.
PROBLEMS
1.
D binds himself to give P10,000 from C
upon the death of the father of D. Is the obligation of C onditional or one with a period?
2.
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 rights, if any, does C have
2.
ANSWERS TO PROBLEMS
The obligation of D is one with a period.
The reasons are: a.
The arrival of the event, which is
the death of the father of D, that will make the obligation where in D gives P10,000 to C is a certain day. The event is certain because by nature, every mankind will be expected to die, although it is unknown it will still occur.
b.
By Article 1193 par. 3, the event
stated must necessarily come.
For the second problem the answer is yes,
C gains the right to demand immediate payment even before August 10. (Gaite vs. fonacier, 2 SCRA 831) based upon Article 1198 (3).
This is due to the fact that the guaranty after the
establishment was substantially damaged without the fault of D. This means that it falls under the case of a fortuitous event meaning it is required that the security must disappear or is considered lost. The right of C to demand immediate payment will take effect in this situation unless D renews the bond replaces it with an equivalent guarantee upon its expiration. V.
ACKNOWLEDGEMENT
I would like to thank my parents for their
unending support. To the One above who always gives me hope whenever I feel down and to my friends who continue to help me understand the topics and give resources on the related topics. VI.
REFERENCES
[1] De Leon, Hector S. The law on obligations and
contracts. REX Publishing Inc. pp 121-135, 2014 Revised edition
The Conflict With Slavery and Others, Complete, Volume VII, The Works of Whittier: The Conflict With Slavery, Politicsand Reform, The Inner Life and Criticism by Whittier, John Greenleaf, 1807-1892