Professional Documents
Culture Documents
Obli Case Matrix
Obli Case Matrix
General Provisions
The contract of May 12, 1911 has affected the action and the
suit to the extent that Gregorio Yulo has been able to make in
his favor the defense of remission of part of the debt (Art.1222
NCC) because it is a defense derived from the nature of the
obligation, so that although the said defendant was not party
to the contract in question, yet because of the principle of
solidarity he was benefited by it.
68.
Manila Racing Club
vs. Manila Jockey
Club
69 P 55
(Purpose of Penal
Clause)
69.
SSS vs. Moonwalk
221 S 119
(Purpose of Penal
Clause)
70.
Caridad Estate vs.
Santero
71 P 114
(Purpose of Penal
Clause)
71.
Bachrach vs.
Espiritu
52 P 346
(Exception to the
Purpose of Penal
Clause)
72.
Cabarroguis vs.
Vicente
107 P 340
(Penalty plus
Fulfillment)
73.
Jison vs. Court of
Appeals
164 S 339
(Reduction of
Penalty)
74.
Umali vs. Miclat
105 P 1007
(Reduction of
Penalty)
75.
Lambert vs. Fox
26 P 558
(Proof of Actual
Damages)
EXTINGUISHMENT OF OBLIGATIONS
Payment or Performance
76. Defendants-appellants Ursula Torres Calasanz and Tomas W/N the contract was validly cancelled – NO
Angeles vs. Calasanz and plaintiffs-appellees Buenaventura Angeles and
Calasanz Teofila Juani entered into a contract to sell a piece of land Unilateral cancellation is unwarranted if there is only a slight or
135 S 323 located in Cainta, Rizal for the amount of P3,920 plus 7% casual breach on the fulfillment of the obligation. Apart from
Pagsibigan issued a promissory note stipulating that for a first Petitioner in this case has the right to move for the cancellation
payment to be made on May 3, of the mortgage and the release of the mortgaged property,
1977 and payments every six months at 1,018 pesos with 19% upon payment of the balance of the loan. Aside from the fact
interest for unpaid amortizations. This promissory note that the respondent bank was estopped from enforcing its
77.
contained an acceleration clause. right to foreclose by virtue of its acceptance of the delayed
Pagsibigan vs.
payments for a period of more than six years, the application of
Court of Appeals
Initial payment was made followed by several payments in the such payment to the interest and the principal during the first
221 S 202
total amount of 11,900 pesos. However, only 4 payments were three payments constitutes a virtual waiver of the acceleration
made in time and those were the only payments that were clause provided in the contract. We cannot sustain the legality
credited in his loan amount. The property was foreclosed extra of the foreclosure under the peculiar facts of this case, because
judicially on May 7, 1984 for failure to pay an outstanding there is substantial performance of the obligation on the part
balance of 29,554 pesos. This resulted in the property being of petitioner. Under Article 1235 of the Civil Code, when the
sold creditor accepts performance, knowing its incompleteness and
to the bank for 8,163 pesos and the bank thereafter claimed a irregularity without protest or objection, the obligation is
deficiency of 21,391 pesos. deemed complied with.