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15 Cards in this Set
- Front
- Back
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Angel borrowed P2,000.00 from Rigelle in 2020. The debt is evidenced by a promissory note executed by Angel wherein she promised to pay as soon as she has money or as soon as possible. Rigelle has made repeated demands upon Angel for payment, but up to now no payment has been made. Suppose that Rigelle will bring an action against Angel for payment of the debt, will the action prosper? |
Obligation With a Period
No, the action will not prosper. The debtor promises to pay her obligation as soon as she has money or as soon as possible, the duration of the term or period depends exclusively upon the will of the debtor; consequently, the only remedy of the creditor is to bring an action against the debtor in accordance with Art. 1197 of the Civil Code for the purpose of asking the court to fix the duration of the term or period. It is only after the duration of the term or period has been fixed by the court that any other action involving the fulfillment or performance of the obligation can be maintained. This has always been the consistent doctrine in this jurisdiction.
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Lorenzo owed Froilan a certain sum of money. Andre wrote Froilan a letter stating that he would be the one to take care of Lorenzo' debt as soon as Lorenzo had made a shipment of logs to Japan. Lorenzo never made such shipment. Andre did not pay Froilan. Is Andre liable to Froilan? Explain. |
Novation ; Expromision
Andre is not liable to Froilan. In the first place, in order that Andre may be held liable to Froilan, there should have been a substitution of debtor through expromision within the meaning of Art. 1291, No. 2, and Art. 1293 of the Civil Code resulting innovation of the obligation. Here, there was none. Andre merely wrote a letter to the creditor Froilan stating that he would take care of Lorenzo's debt. The problem does not even say that Froilan gave his assent or consent to Andre' statement. In the secondplace, even assuming that there was a substitution of debtor, Andre's liability depends upon a suspensive condition, that he would take care of Lorenzo's debt as soon as Lorenzo had made a shipment of logs to Japan. Lorenzo never made such shipment.Therefore, Andre's liability never became effective. |
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Fedra promised Angel that she will give Angel a dress that she wore to the Oscars. When Fedra was about to deliver the dress, she noticed a stain on it. Luckily, she saw on the mall, the same dress. She bought the dress and gave the new one to Angel. Can Angel refuse to accept the new dress? |
Yes, obligation to deliver a specific thing cannot be substitute even if it is of the same kind and quantity. |
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On Sept 15, Christine promised Alyana that she will give a dog to Alyana on Sept 30. On Sept 29, the dog gave birth to a puppy. Can Alyana claim the puppy as her own? |
No, Alyana has right to the fruits from the time the obligation to deliver arises. |
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Roxanne hired a lawyer to sue Arabella who caused her injury while she’s in the performance of her duties. She then paid the legal assistance. Thereafter, Roxanne demands to recover the amount she has paid the lawyer hired by her from her employer. Is the claim of Roxanne tenable? |
Article 1158
No. An employer has no obligation to furnish free legal assistance to her employees because no law requires this.
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What do the law means in “compliance in good faith?” |
This means compliance or performance in accordance with the stipulations of terms of the contract or agreement. |
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Froilan, about 1:00 pm saw a child alone in the shopping mall. The child who strayed from Vanessa, her mother, was very hungry. Froilan out of pity took the child to a restaurant to eat which he spent P 100.00. Is Froilan entitled to be reimbursed by Vanessa for the amount of P100.00? |
Article 1160
Yes. Even though consent was not given by Vanessa, Froilan's act qualified as negotiorum gestio making him entitled for the reimbursement. |
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Rigelle went to the bank and let the teller change her P1,000.00 bill. By error, the teller gave her P1,100.00. What is Rigelle's obligation? |
Article 1160
Obligation to return the amount in excess of the 1,000.00. This is a case of solutio indebiti. |
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While Fedra and her friends were playing football, the football kicked by Fedra hit and broke the glass of the neighbor. The neighbor asked Fedra to pay the damages. Fedra insisted that she should not be liable because there were no pre-existing contractual relation between them and it was just an accident. What is her obligation? |
Article 1162
Tin is under the obligation to pay the damage because she is guilty of fault or negligence hence a quasi-delict arose. |
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Supposing Andre promised to deliver Angel a female horse named Chechee, what are the duties of Andre in obligation to deliver Chechee? |
Article 1163
1. Preserve the thing 2. Deliver the fruit of the thing 3. Deliver the accessions and accessories 4. Deliver the thing itself 5. Answer the damages in case of non-fulfillment or breach |
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Arabella is obliged to deliver 20 sacks of sugar to Alyana. Arabella failed to deliver it because their warehouse was said to have been ransacked. Can Arabella still be compelled to deliver? |
Yes. It is in accordance to the principle that “genus never perishes.” Arabella may still comply with her obligation by delivering another thing of the same kind. |
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Alyana, Roxanne and Christine are obliged to deliver a specific horse to Lorenzo, Vanessa and Arabella. What would be the legal effect if Christine cannot comply to her obligation? Alyana, Roxanne and Christine are obliged to deliver a specific horse to Lorenzo, Vanessa and Arabella. What would be the legal effect if Christine cannot comply to her obligation? |
Article 1224 This is a case of jointly-indivisible obligation. Assuming their was a valid demand made against all the debtors and since Christine could not comply with her part of the obligation, the obligation is converted into a monetary obligation to pay the value of the horse plus damages. |
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While the car of Vanessa was parked by the roadside, it was bump at the rear by a jeep belonging to Christine. Only the car of Vanessa suffered damage. Under the circumstances, does it follow that Christine is liable to Vanessa for damage? |
Article 1162
Yes, because even if there is no pre-existing contractual relation between them, Vanessa's was damage due to the negligence of Christine. |
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Andre borrowed from P 10,000 Froilan. On the due date of the loan, Andre could not pay Froulan because he lost to a robber the P 10,000 intended for Froilan. In addition, he suffered financial reverses, and he was short of cash even for his current family's need. Is Andre legally justified to refuse to pay Froilan? |
Article 1159 No, because when Andre loaned from Froilan, he entered in voluntary agreement and Andre was willing and therefore contract is valid. Thus, Andre should comply with their agreement on good faith and does not have a legal justification to refuse to pay Froilan. |
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Arabella (debtor) borrowed P20,000 from Angel (creditor) payable after 1 year? Is Arabella liable to pay interest? |
Article 1175
Arabella is liable to pay interest to Angel if: They have expressly stipulated that a certain amount of interest may be recovered by Angel.
There is a written agreement between Arabella and Angel about the interest.
The payment of the interest is invalid if there is no agreement on the interest per year. |
