AE104: SPECIAL

RECITATION
BY: JOANNE CARLA Y. JACOBO BSA 1B1
C001: AE104: MON 9:30-12:30

Number 1: Case Analysis

Yes, X employed Casual Fraud to the spouses’ H and W for the parcel of
land worth 3 Million.
Under Article 1338 – Casual fraud may be committed through concealment
which is also under Article 1339 – failure to disclose facts, when there is a duty to
reveal them, and under Article 1344 the contract is deemed voidable.
Upon the signing of X, he paid ₱200,000 and issued a post-dated check
amounting to ₱2,800,000 – which upon drawing the check at the given post-date
it is deemed insufficient, that makes the post-dated check a concealment and X
has failed to disclose that he is unable to pay his remaining balance to H and W.
X has committed a causal fraud through the concealment of a post-dated
check of his remaining balance which is insufficient and the contract is deemed
voidable.

Number 2: Case Analysis

The Girl, her claim was the contract was void and it is illegal to buy and sell
babies.
Under Article 1306 – valid contracts must meet all legal requirements and
limitations which states also that contracts must not be contrary to morals which
is also under Article 1352, under Article 1347 – all things which are not outside
the commerce of men.
The agreement of Boy and Girl was oral and onerous contract with consent
but without the statement of custody in which the object of the contract is void
since it is a legal person and is outside the commerce of men and it was contrary
to morals.
 The Girl has the correct claims and the motive of the boy was unclear, the
contract was contrary to morals thus it is void.

Number 3: Concept Explanation with Examples

Under Section 5 of The law on obligations and contracts (De Leon & De
Leon Jr. 2014) Compensation is the extinguishment of debts for both parties
which they themselves are the debtors and the creditors of each other in which
the debt due may be a sum of money or consumable things.
Example
X owes Y a car worth ₱2,000,000 due on May
Y owes X ₱2,000,000 due on June
Both X and Y are debtors and creditors of each other for a sum of
money or a consumable thing and it is due.