REFLECTION PAPER

IN

BACC102: LAW ON OBLIGATIONS AND CONTRACTS

 An Unmemorable Past Experience Made Memorable

I probably have read much about cases decided by Supreme Court related to the
applicable provisions of Law on Obligations and Contracts. And personally, there is this one
case in particular that is mostly relevant in my life and it has somewhat a relation to my
past experience. I am bringing up the case of Cortes vs CA and Villa Esperanza Development
Corporation (G.R. No. , Date) and it is a case about delay of both parties or what we
referred to as compensatio morae.

The antecedents show that for the purchase price of P3,700,000, the Corporation as
buyer, and Cortes as seller, entered into a contract of sale over the lots covered by Transfer
Certificate of Title located at Baclaran, Parañ aque, Metro Manila. On various dates in 1983,
the Corporation advanced to Cortes the total sum of P1,213,000. Sometime in September
1983, the parties executed a deed of absolute sale. The said deed was retained by Cortes for
notarization.

On January 14, 1985, the Corporation filed the instant case for specific performance
seeking to compel Cortes to deliver the TCTs and the original copy of the Deed of Absolute
Sale. According to the Corporation, despite its readiness and ability to pay the purchase
price, Cortes refused the delivery of the sought documents. It thus prayed for the award of
damages, attorney's fees and litigation expenses arising from Cortes' refusal to deliver the
same documents.

In his answer with counterclaim, Cortes claimed that the owner's duplicate copy of the
three TCTs were surrendered to the Corporation and it is the latter which refused to pay in
full the agreed down payment. He added that portion of the subject property is occupied by
his lessee who agreed to vacate the premises upon payment of disturbance fee. However,
due to the Corporation's failure to pay in full the sum of P2,200,000, he in turn failed to
fully pay the disturbance fee of the lessee who now refused to pay monthly rentals. He thus
prayed that the Corporation be ordered to pay the outstanding balance plus interest and in
the alternative, to cancel the sale and forfeit the P1,213,000 as partial down payment, with
damages in either case.
 Regional Trial Court (RTC) ruled in favor of Cortes by rescinding the contract. Court of
Appeals (CA) ruled in favor of the Corporation by specific performance of the contract. The
parties agreed that the Corporation will fully pay the balance of the down payment upon
Cortes' delivery of the three TCTs to the Corporation. However, the records show that no
such delivery was made, hence, the Corporation was not remiss in the performance of its
obligation and therefore justified in not paying the balance.

It is proved that both parties were in delay. Considering that their obligation was
reciprocal, performance thereof must be simultaneous. The mutual inaction of Cortes and
the Corporation therefore gave rise to a compensation morae or default on the part of both
parties because neither has completed their part in their reciprocal obligation.

It is likely similar with what I had experienced from the past although it may be as
trivial compare to the case mentioned above. Now, I have most likely formed a good
understanding of my past experience based on this case and my new profound knowledge
on the application of the provisions of Law on Obligations and Contracts.

I was in tenth grade when this experience happened. I came with an agreement with
an online seller on Facebook to buy his laptop which costs P8,000. During that time, we
were able to come with the settlement. We talked about the details on like when and where
we are going to transact and the likes. We agreed to meet on a certain date, but apparently,
neither both of us were able to come. After that scenario, the seller keeps on pestering me,
telling me such lies that I was the only one at fault when in fact, it was the two of us who
acted in delay. He keeps on saying that he was there at our meeting place where we are
supposed to transact. Later on, I found out that he didn’t really come as well. You see, I was
already supposed to just settle and pay for the damages I’ve done. But because of this
instance, I retreated myself to do so. I confronted him and told him that I know the actual
truth and after that, he immediately blocked me on Facebook and acted as if nothing
happens. And to my surprise, I felt at peace. For me at that time it was not interesting to
talk about and share with my friends.

But looking back now, I have come to many realizations with regards to this
experience. The one ordinary, unremarkable experience became memorable purely for
being an eye opener. Let us never forget our bad experiences; you see, no matter what
struggles we have, it is all just a growth process and they are going to be such learning
experiences that will help us become wiser and stronger in the years going forward.

The amount of learnings I have acquired in my Law on Obligations and Contracts class
is enormous and has changed my life tremendously. I have now a better understanding of
the application of those provisions related to it in my life. In turn, it has given me
knowledge as to how to live my life the right way and most importantly, what it means to
be a law-abiding citizen or to simply act in good faith all the time. And it does not hurt to try
to learn the Law on Obligations and Contracts; it just takes continuous observation and
understanding. No matter how far we are going in life, we can still change for the better and
make the rest of our lives worth living.
 Work Cited

Law Philippines (2019). Cortes vs CA and Villa Esperanza Development Corporation (G.R.
No. , Date). Retrieved November 8, 2019 from the World Wide Web:
https://www.lawphil.net