Lesson 1:

1. A requested B to help him in his assignment in a very difficult subject Calculus. However, for
no reason at all, B failed to assist A. Is there a valid obligation on the part of B that he can be
made liable for damages? (10 points)

- Acc. Article 1158. Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by the
precepts of the law which establishes them; and as to what has not been foreseen, by the
provisions of this Book. Hence, No. B has no valid obligation to assist A in his assignment
because It’s not written in the law therefore B can’t be made liable for damages.

2. A is under obligation to deliver to B a determinate horse named Sea Horse in January 1,

2020 at B’s house located along Teresa Street, Sta. Mesa, Manila. In January 5, 2020, Sea
Biscuit delivered a healthy baby horse which A planned to have it named Sea Horse, Jr.
However, B is claiming that Sea Horse, Jr. belongs to him which A strongly opposed. Whose
contention is correct? (10 points)

- According to Article 1164. The creditor has a right to the fruits of the thing from the time the
obligation to deliver arises. However, he shall acquire no real right over it until the same has
been delivered to him. Therefore, although the creditor has the right has the right to the fruits of
a thing from the time the obligation to deliver the thing itself arises, his ownership will start
when the thing is delivered to him. Hence, B is entitled to Sea Horse, Jr. because it was born 4
days past from the the day which the obligation has to be done. Which also means that B has
already paid the purchase price from A thus B thus not have to give Sea Horse, Jr. To A.

3. A is obliged to deliver to B a determinate car. What are the other obligations of A relative to
the car, if any? (10 points)

- Since A is obliged to deliver B a determinate car, A should (1) Preserve or take care of the
thing due; (2) Deliver the fruits of the thing (Art.1164); (3) Deliver its accessions and
accessories (Art. 1166); (4) Deliver the thing itself (Art. 1163, 1233,1244); (5) Answer for
damages in case of non-fulfillment or breach. (Art. 1170.)

4. Who is liable if the subject of the obligation was totally destroyed by a fortuitous event? 10
points

- No person shall be responsible for those events because because a fortuitous event is an extra
ordinary event which cannot be foreseen or which though foreseen is inevitable. Except : 1.) In
cases expressly specified by law; 2.) When it is stipulated by the parties; 3.) When the nature of
the obligation requires assumption of risk. (Art. 1174.) Article 1165 paragraph 3 is an example
of an exception expressly provided by law. Thus if the debtor is guilty of delay in the
performance of his obligation or has promised to deliver the same thing to two or more persons
who do not have common interest, he shall be liable for the loss of the thing by reason of
fortuitous event until he has effected the delivery thereof.

5. A is obliged to construct B’s 3-storey house. However, A constructed only a 2-storey house
although with a roof deck. What are the corresponding rights and obligations of A and B? (10
points)
- Acc. Article 1167. If a person obliged to do something fails to do it, the same shall be executed
at his cost. This same rule is observed if he fulfill the obligation but contravention of the tenor of
the obligation. Furthermore, it may be decreed that what has been poorly done be undone. It
contemplates three situations: (1) The debtor fails to perform an obligation to do; or (2) The
debtor performs an obligation to do but contrary to the terms thereof; or (3) The debtor
performs an obligation to do but in a poor manner. Therefore, the creditor has the right: (a) to
have the obligation performed by himself, or by another unless personal considerations are
involved, at the debtor’s expense; and (b) to recover damages. (Art. 1170.) (2) In case the
obligation is done in contravention of the terms of the same or is poorly done, it may be ordered
(by the court) that it be undone if it is still possible to undo what was done.
Lesson 2:

1. A, B, and C are the joint creditors of Y and Z who are solidary debtors in the amount of
P30,000.00. How much A, B, or C could collect from Y? (10 points)

- Since A, B, C are only joint creditors, they can collect their share which is P10,000 from Y, a
solidary debtor. Acc. Art. 1207, the credit - on the part of creditors is divided into as many as
equal parts as there are creditors and the debt. In addition, Y and Z are solidary debtors. Hence,
Y is also liable to pay the liability of Z to each creditor but any of the creditors cannot collect
30,000 credit because they are joint creditors and one of them can only collect their share.

2.When the period is “on or before the date”, the debtor may perform his obligation even before
the period arrives. Why? (10 points)

- The debtor may perform his obligation even before the period arrives because a period fixed by
the parties is presumed to have been established for the benefit of both the debtor and the
creditor. This presumption is rebuttable. A period may be established in favor of one of the
parties as shown in the tenor of the obligation or other circumstances. The period may either be:
(1) For the benefit of the debtor; he cannot be compelled to perform the obligation before the
arrival of the period and may perform the obligation in advance; And (2) For the benefit of the
creditor; he cannot be compelled to accept the performance before the arrival of the period and
may demand the performance of the obligation in advance.

3. What is the difference between suspensive condition and resolutory condition? (10 points)

- A suspensive condition is a future or uncertain event, the happening of which give birth to the
obligation. For example: A promises to give B a car if she pass the bar exam. The obligation
cannot be demanded at once but becomes demandable only upon A passing the Bar exam.

- Resolutory condition is an event the passing of which extinguishes the obligation. For example,
A promises to support B in the amount of five thousand per month until such time that he ge has
already got a job. The obligation to give a monthly pension starts immediately but the moment B
got a job the obligation stops.

4. A obliged himself to give B a determinate car upon the death of B’s father. What is the nature
of A’s obligation? (10 points)

- A's obligation is to deliver to B a determinate car upon the death of B's father. Therefore, A has
an obligation with a period. In this situation, death is the stipulation which is according to one
that constitutes a period, it is a certain event which must happen sooner or later at a date
known beforehand, or at a time which cannot be determined.(Art. 1193, par. 3.)

5. Refer to Qs No. 4, will your answer be the same if A will give B a determinate car if B’s father
died of Tubercolosis (TB)? (10 points)

- No. Since we cannot say that his father will die of Tubercolosis in the future. It is a future with
uncertain event (Art. 1179). Therefore, question no. 5 falls under Pure and Conditional
Obligations.