You are on page 1of 6

16 X, a dressmaker, accepted clothing materials from Karla to make two dresses for her.

r. On the day X was No, I do not agree with the contention of X. OBLIGATIONS ELEMENTS OF AN ELEMENTS OF AN
supposed to deliver Karla's dresses, X called up Karla to say that she had an urgent matter to attend to and The law provides that except when it is OBLIGATION OBLIGATION
will deliver them the next day. That night, however, a robber broke into her shop and took everything including otherwise declared by stipulation or when
Karla's two dresses. X claims she is not liable to deliver Karla's dresses or to pay for the clothing materials the law provides or the nature of the
considering she herself was a victim of the robbery which was a fortuitous event and over which she had no obligation requires the assumption of risk,
control. Do you agree? Why? no person shall be liable for those events
which could not be foreseen or which
though foreseen were inevitable. (Article
1174, Civil Code) In the case presented, X
cannot invoke fortuitous event as a
defense because she had already incurred
in delay at the time of the occurrence of
the loss. (Article 1165, Civil Code)
24 Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months. When Sara tried to pay No, the case is not one of a natural OBLIGATIONS DIFFERENT KINDS DIFFERENT KINDS
her debt on the 9th month, Julia demanded the payment of interest of 12 percent per annum because of obligation because even if the contract of OF PRESTATIONS OF PRESTATIONS
Sara's delay in payment. Sara paid her debt and the interest claimed by Julia. After rethinking, Sara loan is verbal, the delay of Julia made her
demanded back from Julia the amount she had paid as interest. Julia claims she has no obligation to return liable for interest upon demand by Sara.
the interest paid by Sara because it was a natural obligation which Sara voluntarily performed and can no This is not a case of a natural obligation
longer recover. Do you agree? Explain. but a civil obligation to pay interest by way
of damages by reason of delay. (Article
1956; Article 1169; Article 2209 Civil
Code)

25 Distinguish civil and natural obligations A civil obligation is based on positive law OBLIGATIONS DIFFERENT KINDS DIFFERENT KINDS
which gives a right of action to compel OF PRESTATIONS OF PRESTATIONS
their performance in case of breach. A
natural obligation is based on equity and
natural law and cannot be enforced by
court action but after voluntary fulfilment
by the obligor, they authorize the retention
of what may have been delivered or
rendered by reason thereof. (Article 1423,
Civil Code)
27 VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to Homer for delivery within a SUGGESTED ANSWER: OBLIGATIONS ELEMENTS OF AN ELEMENTS OF AN
month, although the period for delivery was not guaranteed. Despite Gary's efforts to deliver on time, (B) No. Homer was not justified in refusing OBLIGATION OBLIGATION
transportation problems and government red tape hindered his efforts and he could only deliver after 30 days. to accept the tobacco leaves. He
Homer refused to accept the late delivery and to pay on the ground that the agreed term had not been consented to the terms and conditions of
complied with. the sale and must abide by it. Obligations
arising from contract have the force of law
As lending investor, Gary granted a Pl,000,000 loan to Isaac to be paid within two years from execution of the between the contracting parties. It is clear
contract. As security for the loan, Isaac promised to deliver to Gary his Toyota Innova within seven (7) days, under the facts that the period of delivery
but Isaac failed to do so. Gary was thus compelled to demand payment for the loan before the end of the of the tobacco leaves was notguaranteed.
agreed two-year term. Gary anticipated other factors which may
prevent him from making the delivery
VI. (l) Was Homer justified in refusing to accept the tobacco leaves? (1%) within a month.True enough,
transportation problems and government
(A) Yes. Homer was justified in refusing to accept the tobacco leaves. The delivery was to be made within a red tape did. Suchslight delay was, thus,
month. Gary's promise of delivery on a "best effort" basis made the delivery uncertain. The term, therefore, excusable. Obligations arising from
was ambiguous. contract have the force of law between the
contracting parties and should be complied
(B) No. Homer was not justified in refusing to accept the tobacco leaves. He consented to the terms and with in good faith (Art. 1160, Civil Code).
conditions of the sale and must abide by it. Obligations arising from contract have the force of law between
the contracting parties.

(C) Yes. Homer was justified in his refusal to accept the delivery. The contract contemplates an obligation with
a term. Since the delivery was made after 30 days, contrary to the terms agreed upon, Gary could not insist
that Homer accept the tobacco leaves.

(D) No. Homer was not justified in refusing to accept the tobacco leaves. There was no term in the contract
but a mixed condition. The fulfillment of the condition did not depend purely on Gary's will but on other factors,
e.g., the shipping company and the government. Homer should comply with his obligation.

28 VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to Homer for delivery within a SUGGESTED ANSWER: OBLIGATIONS DIFFERENT KINDS DIFFERENT KINDS
month, although the period for delivery was not guaranteed. Despite Gary's efforts to deliver on time, (A) Yes, Gary can compel Isaac to OF PRESTATIONS OF PRESTATIONS
transportation problems and government red tape hindered his efforts and he could only deliver after 30 days. immediately pay the loan. Non-compliance
Homer refused to accept the late delivery and to pay on the ground that the agreed term had not been with the promised guaranty or security
complied with. renders the obligation immediately
demandable. Isaac lost hisright to make
As lending investor, Gary granted a Pl,000,000 loan to Isaac to be paid within two years from execution of the use of the period. Under Art 1198 (2) of
contract. As security for the loan, Isaac promised to deliver to Gary his Toyota Innova within seven (7) days, the Civil Code, the debtor shall lose every
but Isaac failed to do so. Gary was thus compelled to demand payment for the loan before the end of the right to make use of the period when he
agreed two-year term. does not furnish to the creditor the
VI. (2) Can Gary compel Isaac to pay his loan even before the end of the two-year period? (1%) guaranties or securities which he has
promised.
(A) Yes, Gary can compel Isaac to immediately pay the loan. Non-compliance with the promised guaranty or
security renders the obligation immediately demandable. Isaac lost his right to make use of the period.

(B) Yes, Gary can compel Isaac to immediately pay the loan. The delivery of the Toyota Innova is a condition
for the loan. Isaac's failure to deliver the car violated the condition upon which the loan was granted. It is but
fair for Gary to demand immediate payment.

(C) No, Gary cannot compel Isaac to immediately pay the loan. The delivery of the car as security for the loan
is an accessory contract; the principal contract is still the P 1,000,000 loan. Thus, Isaac can still make use of
the period.

(D) No, Gary cannot compel Isaac to immediately pay the loan. Equity dictates that Gary should have granted
a reasonable extension of time for Isaac to deliver his Toyota Innova. It would be unfair and burdensome for
Isaac to pay the P1,000,000 simply because the promised security was not delivered.
47 The following are the elements of an obligation, except: d) Consideration OBLIGATIONS ELEMENTS OF AN ELEMENTS OF AN
OBLIGATION OBLIGATION
a) Juridical/Legal Tie

b) Active subject

c) Passive subject

d) Consideration

48 It is a conduct that may consist of giving, doing, or not doing something. c) Prestation OBLIGATIONS DEFINITION DEFINITION

a) Obligation

b) Juridical necessity

c) Prestation

d) Contract

49 It is a juridical relation arising from lawful, voluntary and unilateral acts based on the principle that no one a) Quasi-contract OBLIGATIONS SOURCES OF SOURCES OF
should unjustly enrich himself at the expense of another. OBLIGATIONS OBLIGATIONS

a) Quasi-contract

b) Quasi-delict

c) Cotract

d) Delict

50 The following are the elements of quasi-delict, except: d) Pre-existing contract OBLIGATIONS SOURCES OF SOURCES OF
OBLIGATIONS OBLIGATIONS
a) Act or omission

b) Fault/negligence

c) Damage/injury

d) Pre-existing contract

51 A debtor is liable for damages in case of delay if he is guilty of any of the following, except: b) mistake OBLIGATIONS NATURE AND NATURE AND
EFFECT OF EFFECT OF
a) default (mora) OBLIGATIONS OBLIGATIONS

b) mistake

c) negligence (culpa)

d) breach through contravention of the tenor thereof


52 This term refers to a delay on the part of both the debtor and creditor in reciprocal obligations. c) Compensation morae OBLIGATIONS NATURE AND NATURE AND
EFFECT OF EFFECT OF
a) Mora accipiendi OBLIGATIONS OBLIGATIONS

b) Mora solvendi

c) Compensation morae

d) Solution indibiti

53 The following are the requisites of mora solvendi, except: b) Obligation was performed on its OBLIGATIONS NATURE AND NATURE AND
maturity date. EFFECT OF EFFECT OF
a) Obligation pertains to the debtor and is determinate, due, demandable, and liquidated. OBLIGATIONS OBLIGATIONS

b) Obligation was performed on its maturity date.

c) There is judicial or extrajudicial demand by the creditor.

d) Failure of the debtor to comply with such demand.

54 It is an international evasion of the faithful performance of the obligation. b) Fraud OBLIGATIONS NATURE AND NATURE AND
EFFECT OF EFFECT OF
a) Negligence OBLIGATIONS OBLIGATIONS

b) Fraud

c) Delay

d) Mistake

55 The following are the requisites of fortuitous event, except: OBLIGATIONS NATURE AND NATURE AND
d) Debtor contributed to the aggravation of EFFECT OF EFFECT OF
a) Cause is independent of the will of the debtor. the injury to the creditor. OBLIGATIONS OBLIGATIONS

b) The event is unforeseeable/unavoidable.

c) Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner;
impossibility must be absolute not partial, otherwise not force majeure.

d) Debtor contributed to the aggravation of the injury to the creditor.

56 A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event in any of the c) The thing to be delivered is generic. OBLIGATIONS NATURE AND NATURE AND
following instances, except: EFFECT OF EFFECT OF
OBLIGATIONS OBLIGATIONS
a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing to two or more persons who
do not have the same interest.

b) The debtor contributed to the loss.

c) The thing to be delivered is generic.

d) The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation.
82 An obligation which is based on equity and natural law is known as: d) natural OBLIGATIONS Classification of CLASSIFICATION
Obligations OF OBLIGATIONS
a) pure

b) quasi-contract

c) civil

d) natural

78 A natural obligation under the New Civil Code of the Philippines is one which (D) cannot be judicially enforced but OBLIGATIONS Classification of CLASSIFICATION OF
authorizes the obligee to retain the Obligations OBLIGATIONS
(A) the obligor has a moral obligation to do, otherwise entitling the obligee to damages. obligor’s payment or performance.

(B) refers to an obligation in writing to do or not to do.

(C) the obligee may enforce through the court if violated by the obligor.

(D) cannot be judicially enforced but authorizes the obligee to retain the obligor’s payment or performance.

48 AB Corp. entered into a contract with XY Corp. whereby the former agreed to construct the research and No, the labor unrest cannot be considered OBLIGATIONS Nature and Effect of Nature and Effect of
laboratory facilities of the latter. Under the terms of the contract, AB Corp. agreed to complete the facility in 18 as fortuitous event. As defined by the Civil Obligations Obligations
months, at the total contract price of P10 million. XY Corp. paid 50% of the total contract price, the balance to code Article 1174 provides that fortuitous
be paid upon completion of the work. The work stated immediately, but AB Corp. later experienced work event are those events which, could not be
slippage because of labor unrest in his company. AB Corp.'s employees claimed that they are not being paid forseen or which, though forseen, were
on time; hence, the work slowdown. As of the 17th month, work was only 45% completed. AB Corp. asked for inevitable. Thus, labor unrest cannot be
extension of time, claiming that its labor problems is a case of fortuitous event, but this was denied by XY considered as fortuitous event because it
Corp. When it became certain that the contruction could not be finished on time, XY Corp. sent written notice is an act of man and not a act of God
cancelling the contract, and requiring AB Corp. to immediately vacate the premises.
Can the labor unrest be considered a fortuitous event? (1%)

49 AB Corp. entered into a contract with XY Corp. whereby the former agreed to construct the research and Yes, XY Corp can unilaterally and OBLIGATIONS Kinds of Civil Kinds of Civil
laboratory facilities of the latter. Under the terms of the contract, AB Corp. agreed to complete the facility in 18 immediately cancel the contract due to the Obligations Obligations
months, at the total contract price of P10 million. XY Corp. paid 50% of the total contract price, the balance to breach of contract of AB Corp. (Art.1191 of
be paid upon completion of the work. The work stated immediately, but AB Corp. later experienced work CC).
slippage because of labor unrest in his company. AB Corp.'s employees claimed that they are not being paid
on time; hence, the work slowdown. As of the 17th month, work was only 45% completed. AB Corp. asked for
extension of time, claiming that its labor problems is a case of fortuitous event, but this was denied by XY
Corp. When it became certain that the contruction could not be finished on time, XY Corp. sent written notice
cancelling the contract, and requiring AB Corp. to immediately vacate the premises.
Can XY Corp. unilaterrally and immediately cancel the contract? (2%)

50 AB Corp. entered into a contract with XY Corp. whereby the former agreed to construct the research and No, AB corp. is not required to return the OBLIGATIONS Nature and Effect of Nature and Effect of
laboratory facilities of the latter. Under the terms of the contract, AB Corp. agreed to complete the facility in 18 50% downpayment except if XY Corp ask Obligations Obligations
months, at the total contract price of P10 million. XY Corp. paid 50% of the total contract price, the balance to for damages due to the delay.
be paid upon completion of the work. The work stated immediately, but AB Corp. later experienced work
slippage because of labor unrest in his company. AB Corp.'s employees claimed that they are not being paid
on time; hence, the work slowdown. As of the 17th month, work was only 45% completed. AB Corp. asked for
extension of time, claiming that its labor problems is a case of fortuitous event, but this was denied by XY
Corp. When it became certain that the contruction could not be finished on time, XY Corp. sent written notice
cancelling the contract, and requiring AB Corp. to immediately vacate the premises.
Must AB Corp. return the 50% downpayment? (2%)
11 What are obligations without an "Obligations without an agreement" refer OBLIGATIONS Classification of Classification of
agreement"? Give five examples of to the juridical relation of quasi-contract Obligations Obligations
situations giving rise to this type of which arise from certain lawful,
obligations? (10%) voluntary and unilateral acts to the end
that no one shall be unjustly enriched or
benefited at the expense of another. (Art.
2142, NCC)
First Example of an obligation without
an agreement is a case of negotiorum
gestio, whereby one who voluntarily
takes charge of the agency or
management of the business or property
of another without any power from the
latter, is obliged to continue the same
until the termination of the affair and its
incidents, or to require the person
concerned to substitute him, if the
owner is in a position to do so (Art.
2144, NCC).
Second example, a case of solutio
indebiti may also give rise to an
obligation without an agreement. This
refers to the obligation to return which
arises when something is received when
there is no right to demand it, and it was
unduly delivered through mistake (Art.
2154, NCC).
Third example, is when without the
knowledge of the person obliged to give
support, it is given by a stranger, the
latter shall have a right to claim the
same from the former, unless it appears
that he gave it out of piety and without
intention of being repaid (Art. 2164,
NCC).
Fourth example, is when through
accident or other causes a person is
injured or becomes seriously ill, and he
is treated or helped while he is not in a
condition to give consent to a contract,
he shall be liable to pay for the services
of the physician or other person aiding
him, unless the service has been
rendered out of pure generosity (Art.
2167, NCC). Fifth instance of an
obligation without
an agreement is when the person obliged
to support an orphan or an insane or
other indigent person unjustly refuses to
give support to the latter, any third
person may furnish support to the needy
individual, with right of reimbursement
from the person obliged to give support.
The provisions of this article apply when
the father or mother of a child under
eighteen years of age unjustly refuses to
support him (Art. 2166, NCC).