Joennel M. Semilla Ms.

Kristine Carmina Manaog

BSA203 Law on Obligations and Contracts

Case Analysis. (20 points: 4 items x 5 points)

Answer the questions and submit thru Dropbox.

1. Juan and Pedro borrowed Php150,000 from Ana, Lorna, and Fe in solidum. Eventually,
Ana validly condones or disregards the debt in the amount of Php100,000 as she feels
indebted to Juan and Pedro for their parents’ benevolence when both of her parents died
in an accident since Juan’s and Pedro’s parents provided moral and financial support to
Ana after the tragedy.

a. What kind of obligation is involved in the problem?

Mixed Solidary Obligation - on the part of both the debtors and creditors. Each
one of the debtors is liable to render, and each one of the creditors has a right to
demand, the entire compliance with the obligation.

b. What is the effect of Ana’s act of condoning the debt in the amount of Php100,000
with respect to Juan’s and Pedro’s debt? With respect to Lorna’s and Fe’s credit?
Because of Ana's act of condoning, the amount Juan and Pedro will pay for the
money they borrowed will be reduced by Php100,000. On the other hand, if the amount of
money that has been reduce exceeds Ana's part, she is obligated to pay Lorna and Fe the
difference.

2. William and Harry obliged themselves to deliver to Elizabeth a bullet-proof car on her
birthday. William and Harry agreed in front of Elizabeth to contribute the amount that will
be used to buy the car. However, Harry failed to give his contribution to the purchase price
of the car, hence, the car was not delivered to Elizabeth on her birthday.

a. What kind of obligation is involved in the problem?

Joint Indivisible Obligation – Harry and William are equally obliged to Elizabeth by
buying her a bulletproof car.

b. What should Elizabeth do?

Elizabeth has the right to recover for damages and wait Harry the time can he give
his part. Elizabeth cannot recover damages to Willian for he is able to perform his
obligation to her. Article 1209 state on the last sentence that “if one of the latter should
be insolvent, the others shall not be liable for his share”.