OBLI EXERCISES

12 MARCH 2020 (1348)

May the following students please give me the answer to the following questions:

(1) Andrew Bati (ALM1)

(2) Jay Mendoza (ALM1)
(3) JK Pepito (BLM1)
(4) Charles Perez (CLM1)
(5) Gab Omero (DLM1)

Please indicate your answers in blue ink and attach the document/file to your PM in FB
Messenger so I can check them. Thank you. 

QUESTION 1: D1, D2, D3 and D4 bound themselves in a solidary obligation to pay

C1, C2 and C3 the amount of P1.2 Million. Before due date, C2 remitted the share of
D3, and informed the other solidary debtors of such fact.  On due date, C3, who did not
know of the remission, went to D3 collecting the amount of P1.2 Million. Under the
facts, how much can C3 collect from D3?

ANSWER: From the facts, the obligation here is solidary. Since the share of D3 in the
amount of P300,000.00 was remitted by C2, only P900,000.00 of the obligation remains
collectible; hence, as solidary creditor, C3 can only collect the amount of P900,000.00
from D3.

Follow-up Question: What will be the obligation of C3 after he collects the

P900,000.00 from D3? What will be the right of D3 after he pays C3 the P900,000.00?

ANSWER: C3 will be obliged to deliver to C1 his proportionate part of the obligation

in the amount of P400,000.00. C3 will also be obliged to deliver to C2 the balance of his
proportionate part of the obligation in the amount of P100,000.00. (Since C2 remitted the
share of D3, he had waived collection of the amount of P300,000.00 corresponding to
D3’s share in the debt; hence, only P100,000.00 of his credit is collectible).

On the other hand, D3 will have the right to reimbursement from the other debtors of
their respective proportionate shares of P300,000.00 each, as follows: From D1,
P300,000.00; From D2 – P300,000.00; and, From D3 – P300,000.00.
QUESTION 2: On 10 March 2019, Juan promised to pay Maria her P100,000.00 debt
when his sister sends him his money from Dubai. He also obliged himself to pay her a
2% per month penalty interest in case of failure to pay on maturity date. On 10
September 2019, Maria demanded from Juan payment of his obligation. Since Juan
refused, despite repeated demands, to pay his obligation, Maria filed an action for
collection against Juan on 10 March 2020. Maria alleges that Juan is liable to pay her the
P100,000.00 indebtedness, plus 2% monthly penalty interest computed from 10
September 2019. Is Maria’s demand legally tenable?

ANSWER: NO. The obligation here, where Juan bound himself to pay when his
means permit him to do so, is one with a period, the arrival of which solely depends on
the will of the debtor Juan. Hence, the proper remedy in this case is not to ask for
specific performance, but to ask the court to fix a period for the performance of the
obligation. Once the court fixes the period, it is only from that time that any penalty
interest, as damages on account of legal delay, will be collected from the debtor if he
defaults in his obligation.