1.

Alex bound himself to deliver to Ben a 72 inch 2020 model tv set, and a Toyota vios 2019
model he owns and for Alex to repair the 1975 vintage dodge car belonging to bien. Alex
did none of these things. Action was filed by Ben to compel alex to deliver the TV, car
and repair of the 1957 dodge? Will the action prosper?

Answer: The action will prosper. With regard to the obligation to give, Article 1165 of the Civil
Code provides that when what is to be delivered is a determinate thing, the creditor may
compel the debtor to make the delivery. In the case at bar, the 72 inch 2020 model tv set and
the Toyota vios 2019 model Alex owns are all determinate things, therefore Ben may compel
the delivery on these determinate things.

As to the 1975 vintage dodge car, Article 1167 of the Civil Code provides that if a person obliged
to do something fails to do it, the same shall be executed at his cost. The same rule shall be
observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be
decreed that what has been poorly done be undone. In the case at bar, since Alex failed to
repair the 1975 vintage dodge car, Ben may asked the performance of a third person at the
expense of Alex.

2. a. Describe briefly a “Limited Generic Object” of the prestation to give

Limited Generic Object exists when the generic objects are confined to a particular class. The
class is considered in itself a determinate object. An example of a limited generic object is an
obligation to deliver one of my horses, because the thing is limited to the horses owned by the
debtor and he cannot deliver any horses not owned by him.

b. Distinguish culpa contractual from culpa aquiliana

As to the character of the negligence of the defendant, negligence in culpa contractual is

merely incidental to the performance of an obligation already existing because of a contract; in
culpa aquillana, negligence is direct, substantive and independent.

As to the relationship of the parties, in culpa contractual, there is always a pre-existing

contractual relation; in culpa aquillana, there may or may not be a pre-existing contractual
relation.

As to the source of obligation, in culpa contractual it is the breach or non-fulfillment of

contract; in culpa aquillana, it is the injury proximately caused by the negligent act or omission.
As to the presumption of fault, in culpa contractual, proof of existence of a contract and breach
thereof gives rise to a presumption of fault; in culpa aquillana, the plaintiff has to prove
negligence of the defendant.

c. Enumerate 3 requisites of Quasi-delict

1. Damage suffered by the plaintiff
2. Fault or negligence of the defendant
3. Causal connection between the fault or negligence of defendant and the damage
incurred by the plaintiff

d. What are the three general remedies which are available to the creditor for the
protection and enforcement of his right against the debtor
1. Action for performance
2. Action for damages
3. Action for recission

e. Creditor files an action to prosper against the debtor for a delay in an obligation not
to do, will the action prosper?
The action will not prosper. In an obligation not to do, the duty of the obligor is to abstain from
an act. Here, there is no specific performance. The very obligation is fulfilled in not doing what
is forbidden. Hence, in this kind of obligation the debtor cannot be guilty of delay

B.
1. What is the complete obligation of the gestor to the beneficiary/owner of a property in
Negotorium gestio?
Article 2145 provides “The officious manager shall perform his duties with all the diligence of a
good father of a family, and pay damages which through his fault or negligence may be suffered
by the owner of the property or business under management.”

2. Jose a disabled person (having only one foot and one arm) came into possession of an
abandoned pigpen with 25 piglets almost dying of dehydration. He exerted effort
immediately to feed and give water to the pigs, but because of his disability he was able
to save only 5 of the 25 pigs. Can the owner upon return hold jose liable for the death of
of 20 pigs?
No. Jose cannot be held liable.

Assuming above, Robert, a person of abled body, wanted to take over the pigpen from
Jose liable for the death of 20 pigs?
 3. When is the officious manager liable for any fortuitous event?

Article 2147 provides that the officious manager shall be liable for any fortuitous event:
1. If he undertakes risky operations which the owner was not accustomed to embark upon;
2. If he has preferred his own interest to that of the owner;
3. If he fails to return the property or business after demand by the owner;
4. If he assumed the management in bad faith
Article 2148 also provides that except when the management was assumed to save the
property or business from imminent danger, the officious manager shall be liable for fortuitous
event.
1. If he is manifestly unfit to carry on the management
2. If by his intervention he prevented a more competent person from taking up the
management

4. Discuss fully the following Quasi-Contracts

a. Acts of a Good Samaritan
b. Acts in consideration of General Welfare
5. Distinguish solution indebiti from Accion in rem verso

QUIZ QUIA
1. Lewis,Valtteri, Charles and Sebastian are the Solidary debtors of Toto for 40K. Toto
released Sebastian from the payment of his share of 10K. When the obligation
became due and demandable, Charles turned out to be insolvent. Should the share
of insolvent debtor Charles be divided only between the two other remaining
debtors, Lewis and Valterri? (MCQ, no. 5)

2. Maria, an illiterate billionaire was asked by her good friend Alicia to sign a document
purporting to be contract with Josefa, where Maria agreed to have her property in
Makati exchanged with Josefa’s island resort located in Zambales. It turned out that
Josefa agreed in the contract for the exchange not of the island resort in Zambales,
but her rice field in Nueva Ecija.
a. Can Maria sue Jose for damages?
b. Can Maria also insist on performance by Josefa by the exchange she agreed to?
(No. 18)

Suggested answer/s:
a. Yes. Maria can sue Jose for damages. As provided by the law, those who in the
performance of their obligations are guilty of fraud are liable for damages.
3. A. Benhur, saved the life of the son of Marko in a fire that gutted the latters home.
Benhur also saved marko’s multi-million worth of paintings. For the life of his son
and the paintings, Benhur now demands compensation from marko. Is Marko
obliged to pay?

B. Alex neighbor of Jose had the open sewerage found in the latter’s property
covered as required by the health regulations of the subd. For these expenses, Alex
demanded from Jose reimbursement. Jose, who did not agree to work, refused, Can
Alex compel Jose to reimburse him for the expenses?

4. Susie and Claire owed Toto 600K for advancing their equity in a corporation they
joined as incorporators. Susie and Claire bound themselves solidarily liable for the
debt. Later, Susie and Toto became sweethearts so Toto condoned the debt of 600:.
May Susie demand from Claire 300K as her share in the debt (MCQ)

5. Sebastian, the project owner, entered into a Construction Contract with Charles for
the latter to construct his house. Lewis executed a surety undertaking to guarantee
the performance of work by Charles. Sebastian and Charles later entered into a
Memorandum of Agreement revising the work schedule of Charles and the
subcontractors. The MOA stated that all stipulations of the original contract not in
conflict with said agreement shall remain valid and legally effective. Lewis filed a suit
to declare him relieved of his undertaking as a result of the MOA because of the
change in the work schedule. Is the obligation of Lewis as a surety extinguished?

(suggested answer/s: No, the obligation of Lewis is not extinguished because there is
no novation of the Construction Contract. The MOA did not stipulate in clear and
unequivocal terms that it has extinguished the original obligation. As such, lewis’
obligation as a surety has not been extinguished.)

6. Reyes while walking along Mendiola found a bag full of 1K bills amounting to 1
million. Believing that the bag belonged to Karen, Reyes turned it over to her. Karen
discovered that it belonged to Melissa, her good friend. Karen immediately get in
touch with Melissa, informed her of the find and asked her to get it anytime soon.
Melissa did not get the bag immediately. It was only 2 months after that Melissa
went to Karen for the bag. Unfortunately, Karen lost the bag to the thieves who
broke into her apartment just a day before. Hence, Melissa sued Karen. Can Karen
be held liable for the 1 million?
7. Lando got a loan from Mclaren Corp., but he defaulted in the payment. A case for
collection of a sum of money was filed against him. As a defense, Lando claims that
there was already an arrangement with Mclaren on the payment of the loan. To
implement the same, Lando already surrendered 5 service utility vehicles (SUVs) to
the company for it to sell and the proceeds to be credited to the loan as payment.
Was the obligation to Lando extinguished by reason of Dacion en pago upon the
surrender of SUV’s decide. (MCQ)

(Suggested answer/s: No, the mere return of the SUV’s to Mclaren Corp does not
extinguish the obligation of Lando as it does not constitute dacion en pago in thje
absence, express or implied, of the true intention of the parties. Failure of Mclaren
Corp to give its consent to accept the SUV’s as equivalent payment, the obligation of
Lando is not extinguished.)

8. The following are the requisites of legal compensation, except:

(Suggested answer/s: that the two debts are not yet due (mcq))

9. On June 20, Pierre bought Danil’s car for 3 million. The car was delivered to Pierre on
June 29. Pierre said that he will pay once his finances are more stable. Daniil agreed.
On June 25, Pierre’s wife was hospitalized, forcing Pierre to borrow 2 million from
Daniil. Daniil agreed but asked that Pierre pay him after 30 days and that the car be
attached as a security for the loan. When Romain, Pierre’s brother, learned of
Pierre’s nu,erous debts to Daniil, he paid 1 million to Daniil on behalf of Pierre,
stating that Daniil may apply it to whichever debt Pierre owes. Daniil applied the
payment as partial payment for the car. Can Daniil do that?

(Suggested answer: Yes, but the 1 million payment must have been applied
proportionally between the two debts (mcq))

10. Daniel has three obligations to Esteban. Daniel’s first obligation is 1 million payable
upon demand. His second obligation is 2 million payable also upon demand and his
3rd obligation is 3 million payable on or before Dec 31,2021. Assuming that it is Jan 2,
2021 today and that all obligations are due and demandable, discuss the rules on the
application of payment under the civil code.

11. Carlo extended a loan to Danilo in the amount of 5 million. Danilo agreed to pay
after one year with 10% interest. After a year or on the date the debt fell due. Danilo
 was able to pay Carlo only 2 million, being a good friend, Carlo accepted the
payment without any reservation for him to still enforce the deficiency in the future.
Danilo was thankful. But just a week after, carlo discovered that Danilo was having
an illicit affair with his (carlo’s) wife. Angry, Carlo decided to get back to danilo and
filed an action to recover the balance still unpaid by Danilo. Will the action prosper?

(suggested answer/s: The action will not prosper. When Carlo accepted the payment
without any reservation for him to still enforce the deficiency it shall be deemed as
fully complied with as stated in article 1235. The action is also barred by the Doctrine
of Estoppel because the acceptance of Carlo of the insufficient payment conclusive
and therefore it cannot be denied or dis approved by Carlo)

12. On the way to Manila to deliver a truckload of mangoes ordered by Gerry from
Alfonso, Ruben, the truck driver, met a terrible accident when his truck collided
head on with an SUV that went out of control because Marlo, the driver therein, had
a massive heart attack. As a consequence, Alfonso was not able to deliver. Sue for
the performance by Gerry, Alfonso set the defense of fortuitous event and instituted
a cross-claim (i.e., a suit filed against a third person, in this case, heirs of Mario)
against heirs of Mario for damages.

a. Will the suit of Gerry for performance prosper?

b. If Gerry also claim for damages, will it prosper?
c. Will the cross-claim for damages of Alfonso against the heirs of Mario prosper?

Suggested answer/sr:
a. The suit of Gerry for the performance will prosper since the thing lost is a generic
object therefore, even if it lost through a fortuitous event Gerry can still ask for
the performance of the obligation
b. The claim for damages will not prosper since the obligation to deliver the
mangoes has not transformed into an obligation to pay indemnity for damages
since the object of the prestation is not a determinate object and that the thing
was lost due to a fortuitous event by reason of the unexpected heart attack of
Mario
c. The cross claim for damages of Alfonso against the heirs of Mario will not
prosper since the accident was caused by an unforeseen event of a heart attack
and the delivery of the mangoes does not assume any risk such as what has
happened to Mario was a heart attack, therefore, Alfonso cannot ask for
damages against the heirs of Mario for failure to deliver the mangoes.
13. In obligation with a period, debtor loses the benefit of the period and therefore
must pay immediately without waiting for the period to arrive when:

(suggested answer: debtor becomes insolvent and failed to create or establish any
security)

14. Salalima received from his classmate Abdul the amount of 10 million in cash the
latter requested the former to hold on to for safekeeping while he Abdul was abroad
for one year. Salalima deposited the amount in his personal savings account with
RCBC. Unfortunately, when Salalima’s wife was arrested for alleged terrorist
activities linked with the terrorist group Au Sayaf, his bank accounts were frozen and
confiscated by the PH govt authorities. Hence, when abdul came back and requested
for the return of the money, Salalima failed explaining what has happened to his
savings account.
a. Can Salalima be held liable for the 10 million
b. Assuming that Salalima is liable, what possible cause of action could abdul
institute?

15. Antonio and Kimi are solidarily debtors. Alfo Romeo corp. as the creditor, can collect
form any one or both. Kimi’s obligation is secured by a real estate mortgaged over
his property. When the obligation of the solidary debtors fell due and demandable,
Antonio pays the full amount of the debt. The obligation is extinguished. Will
Antonio be subrogated to the rights of the Alfa Romeo corp? Will Antonio now be
considered party interested in the fulfillment of the obligation?

16. There is an obligation to deliver a Ferrari 4888 Pista Spider. Max and Alex are obliged
to deliver the said car to Valterri on a given date. It cannot be perfomed in parts
because of the nature of the thing. What is the relationship of Max and Alex?

(suggested answer: solidary because the object is indivisible)

17. Sergio and Lance were very good friends. Lance Borrowed 10K from Sergio. Because
trheir close relationship, the promissory note executed by Lance provided that he
would pay the loan “whenever his means permit”. Subsequently, Sergio and Lance
quarreled. Sergio now wants you to collect the loan because he is in dire need of
money. What legal action, if any, would you take in behalf of Sergio?
 (Suggested answer: Sergio must bring an action against Lance for the purpose of
asking the court to fix the duration of the term or period of payment)

18. Grab Vehicle driven by X owned by Y, collided with another grab unit driven by Z also
owned by Y. as a consequence of the accident, B passenger in the unit driven by X
was seriously injured, while another passenger in the vehicle driven by Z died.
Discuss all the probable causes of action the heirs of C and B could take against the
drivers and Y the owner

(suggested answer/s: C and B may proceed against the drivers and the owner under
the RPC, where the source of obligation of their liability is culpa criminal where the
drivers would be directed as stated in article 100 of the RPC. While the liability of the
owner would only be subsidiary as stated in article 103 of the RPC.

C and B may also proceed an action against the drivers and the owner under the civil
code for quasi-delict under article 2176 as the drivers have vreached the contracts of
carriage where they should exercise the diligence of a good father of a family in
transporting their passengers. The owner could also be liable for failing to exert
diligence required in the selection and supervision of his drivers)

19. Jake sold to Anton a condo unit which the former promised to deliver last Jan
15,2020, although the former agreed to pay only after a year. Jake also sold to Anton
a 2020 Toyota Innova, delivery and payment of which was to be last January 15,2020
also. On the said date, however, Jake failed either to deliver the condo unit and the
car. As such, on Jan 20, 2020, Anton sued Jake for damages due to delay. Will the
action prosper?