OBLIGATIONS AND CONTRACTS

JD – I
Atty. Glenn Ian P. Barcebal
Wednesdays 5:30-8:30pm and Fridays 5:30-7:30pm

Online Finals Examinations

CONTRACTS to ESTOPPEL - Articles 1305 - 1439 of the Civil Code

Instructions

Considering the current increase in COVID cases, we will have an Online Finals Examinations.

The Finals Examination

The students shall prepare at least 10 yellow sheets of paper.

The students may answer question I in two (2) columns in one or two sheets of paper. Questions II
onwards shall be answered in a manner wherein 1 question shall be answered in 1 or 2 sheets of paper.

The pre- Finals examination shall begin at 5:45 pm. The beadles shall create and commence a Zoom
meeting. All the students shall be present at the start of the Zoom meeting or at least before the Professor
join the said meeting.

The video of the students shall show the following:

1. The student, in such a way the student and the whole table can be seen;
2. On the table of the students:
a. Closed codal;
b. Closed annotated book;
c. Closed reviewer;
d. 20 sheets of paper; and
e. Pen (the students are allowed to have not more than 5 pens on the table);

At 6:00pm, these instructions shall be read aloud by the Beadle during the Zoom meeting.
Thereafter, the Beadle shall verify whether the all students are present, and shall determine whether all
students are compliant with the instructions above.

Then, the exam proper shall begin. The students are given until 8:30pm to finish the exam.

The Zoom Meeting shall terminate after the Finals examination ends at 8:30pm.

Upon the termination of the Finals Examinations, the students are given 30 minutes to scan their
answers, to convert the same to PDF files, to name the PDF file into Lastname – Finals.pdf (i.e., Barcebal
– Finals.pdf), and to send the same directly to me at barceballawoffice@gmail.com.

The beadles have 1 hour and 30 minutes to send the video/s to the Professor.

Violations

Should there be any violation, 5 points per violation shall be deducted from the Finals Examination
Grade.

Thank you and good luck!

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 I.

Codal Rehash (1 point each)

Article 1319. ___(1)____ is manifested by the meeting of the ___(2)____and the ___(3)____upon the
___(4)____ and the ___(5)____ which are to constitute the contract. The offer must be ___(6)____ and
the acceptance ___(7)____. A ___(8)____acceptance constitutes a ___(9)____.

Acceptance made by letter or telegram ___(10)____the offerer except from ___(11)____. The contract, in
such a case, is ___(12)____to have been entered into in the place where the offer was made. (1262a)

Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of
either party ___(13)____acceptance is ___(14)____. (n)

Article 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be
withdrawn at any time before acceptance by communicating such withdrawal, except ___(15)____. (n)

Article 1331. In order that mistake may invalidate consent, it should refer to the ___(16)____of the thing
which is the ___(17)____of the contract, or to those conditions which have principally moved one or both
parties to enter into the contract.

Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such
identity or qualifications have been the ___(18)____of the contract.

A simple mistake of account shall give rise to its ___(19)____. (1266a)

Article 1335. There is ___(20)____when in order to wrest consent, serious or irresistible force is
employed.

There is ___(21)____when one of the contracting parties is compelled by a ___(22)____and

___(23)____fear of an ___(24)____and ___(25)____evil upon his person or property, or upon the person
or property of his spouse, descendants or ascendants, to give his consent.

To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind.

A threat to enforce one's claim through competent authority, if the claim is just or legal, ___(26)____
consent. (1267a)

Article 1337. There is ___(27)____when a person takes improper advantage of his power over the will of
another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be
considered: the confidential, family, spiritual and other relations between the parties, or the fact that the
person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in
financial distress. (n)

Article 1338. There is ___(28)____when, through ___(29)____words or machinations of one of the

contracting parties, the other is induced to enter into a contract which, without them, he would not have
agreed to. (1269)

Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound
by confidential relations, constitutes ___(30)____. (n)

Article 1343. Misrepresentation made in ___(31)____is not fraudulent but may constitute ___(32)____.
(n)

Article 1346. An ___(33)____simulated or fictitious contract is ___(34)____. A ___(35)____simulation,

when it does not prejudice a third person and is not intended for any purpose contrary to law, morals,
good customs, public order or public policy ___(36)____the parties to their real agreement. (n)

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Article 1350. In onerous contracts the cause is understood to be, for each contracting party, the
___(37)____by the other; in remuneratory ones, the service or benefit which is ___(38)____; and in
contracts of pure beneficence, the ___(39)____. (1274)

Article 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is
unlawful if it is contrary to ___(40)____. (1275a)

Article 1356. Contracts shall be ___(41)____, in ___(42)____form they may have been entered into,
provided all the essential requisites for their ___(43)____are present. However, when the law requires that
a contract be in some form in order that it may be ___(44)____or ___(45)____, or that a contract be
proved in a certain way, that requirement is ___(46)____and ___(47)____. In such cases, the right of the
parties stated in the following article cannot be exercised. (1278a)

Article 1359. When, there having been a meeting of the minds of the parties to a contract, their true
intention is not expressed in the instrument purporting to embody the agreement, by reason of
___(48)____, ___(49)____, ___(50)____or ___(51)____, one of the parties may ask for the
___(52)____of the instrument to the end that such true intention may be expressed.

If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the
proper remedy is not reformation of the instrument but ___(53)____of the contract.

Article 1381. The following contracts are ___(54)____:

(1) Those which are entered into by ___(55)____whenever the ___(56)____whom they represent
suffer ___(57)____by ___(58)____of the value of the things which are the object thereof;

(2) Those agreed upon in representation of ___(59)____, if the latter suffer the ___(60)____stated
in the preceding number;

(3) Those undertaken in ___(61)____ when the latter cannot in any other manner collect the
claims due them;

(4) Those which refer to things under litigation if they have been entered into by the defendant
without the ___(62)____of the litigants or of competent judicial authority;

(5) All other contracts specially declared by law to be subject to rescission. (1291a)

Article 1390. The following contracts are ___(63)____or annullable, even though there may have been no
damage to the contracting parties:

(1) Those where ___(64)____of the parties is incapable of giving ___(65)____to a contract;

(2) Those where the consent is ___(66)____by ___(67)____, ___(68)____, ___(69)____,

___(70)____ or ___(71)____.

These contracts are ___(72)____, unless they are ___(73)____by a proper action in court. They
are susceptible of ___(74)____. (n)

Article 1391. The action for annulment shall be brought within ___(75)____.

This period shall begin:

In cases of intimidation, violence or undue influence, from ___(76)____.

In case of mistake or fraud, from ___(77)____.

And when the action refers to contracts entered into by minors or other incapacitated persons, from
___(78)____. (1301a)

Article 1403. The following contracts are ___(79)____, unless they are ratified:

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 (1) Those entered into in the name of another person by one who has been given no ___(80)____,
or who has acted ___(81)____his powers;

(2) Those that do not comply with the ___(82)____as set forth in this number. In the following
cases an agreement hereafter made shall be unenforceable by action, unless the same, or some
___(83)____or ___(84)____, thereof, be in ___(85)____, and subscribed by the party charged, or
by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a
secondary evidence of its contents:

(a) An agreement that by its terms is ___(86)____to be performed within ___(87)____

from the making thereof;

(b) A special promise to answer for the ___(88)____, ___(89)____, or ___(90)____of

another;

(c) An agreement made in consideration of ___(91)____, other than a mutual promise to

marry;

(d) An agreement for the sale of goods, chattels or things in action, at a price
___(92)____ , unless the buyer accept and receive part of such goods and chattels, or the
evidences, or some of them, of such things in action or pay at the time some part of the
purchase money; but when a sale is made by auction and entry is made by the auctioneer
in his sales book, at the time of the sale, of the amount and kind of property sold, terms of
sale, price, names of the purchasers and person on whose account the sale is made, it is a
sufficient memorandum;

(e) An agreement for the ___(93)____for a longer period than ___(94)____, or for the
___(95)____of real property or of an interest therein;

( f ) A representation as to the credit of a third person.

(3) Those where ___(96)____parties are incapable of giving consent to a contract.

Article 1409. The following contracts are ___(97)____and ___(98)____from the beginning:

(1) Those whose cause, object or purpose is ___(100)____;

(2) Those which are ___(101)____simulated or fictitious;

(3) Those whose cause or object ___(102)____at the time of the transaction;

(4) Those whose object is outside the ___(103)____;

(5) Those which contemplate an ___(104)____service;

(6) Those where the intention of the parties relative to the principal object of the contract cannot
be ascertained;

(7) Those expressly prohibited or declared void by ___(105)____.

These contracts ___(106)____be ratified. Neither can the right to set up the defense of illegality be
waived.

Article 1410. The action or defense for the declaration of the inexistence of a contract ___(107)____.

Article 1431. Through ___(108)____an admission or representation is rendered ___(109)____upon the

person making it, and ___(110)____be denied or disproved as against the person relying thereon.

Article 1439. Estoppel is effective only as between the ___(111)____thereto or their ___(112)____.

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 II.

Discuss the different types of Simulation of Contract, and their respective effects. (10 points)

III.

State the instances when reformation is not allowed. (10 points)

IV.

Discuss the effects of Rescission. (10 points)

V.

Discuss Ratification as regards its effects and form. (10 points)

VI.

May a lessee claim ownership over the property or thing leased as against the lessor? (10 points)

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