Joennel M. Semilla Ms.

Kristine Carmina Manaog

BSA 203 Law on Obligations and Contract

Answer the following items.

PROBLEM 1:
A and B got married in 2015 and had an offspring a year after. On the fifth year of their
marriage, however, A and B had lots of misunderstandings that resulted to their separation. A
then left the conjugal home leaving their kid with his wife. Before B could file a petition for
support, A voluntarily offered his wife a monthly support of P50,000.00 that B willingly agreed to.
Upon the prodding of B’s friends, B demanded a higher amount of support which amounts to
P200,000.00, from A considering that A has been receiving P400,000.00 a month. How much
should A give as monthly support to B? Why?
Answer:
According to Article 201 of the Family Code which enunciates that support shall be in
proportion to the resources of the means of the giver and necessities of the recipient. P50,000
that was voluntarily suggest by A is acceptable and can help both of them to live. But there is no
fix rate of financial support here in the Philippines, it must be put first into court, and the court
will decide how much financial support will A should give to B. At the meantime, B should accept
A’s offer of P50,000 monthly since the child is only five years old and there are no expensive
things that is needed for the child. P50,000 is enough for the living of both mother and child for a
month but as the child gets older B must demand an increase on the financial support on A due
to the increasing needs of the child. It is difficult for B to raise their child on her own. Food,
clothing, shelter, and other necessities will be the expense of the mother and a child in every
day to provide the child a good life, and because their child must attend school, her expenses
may include the child's tuition bill. In this case the financial support must also increase.

PROBLEM 2:
A got into a vehicular accident with B due to the fault of the latter. The case could very well fall
under the crime of Reckless Imprudence Resulting to Physical Injuries in addition to suit for
collection of money, but A opted not to file a criminal case against B since such filing of criminal
case against a churchmate would mean his dismissal from their church. Instead, A chose to file
a case for collection of sum of money only based on their agreement that B will pay A for all the
expenses incurred by reason of the accident except for the repair of the car since B will directly
pay the same to the A’s insurance company. However, B refused to pay A for his travel
expenses and meal allowances when he travels to the repair shop during his routine check-ups
on the progress of the repair even after A insisted on B’s agreement to pay all the damages.
Whose contention is correct? Is it B’s refusal to pay A’s expenses during routine check-ups or is
it A’s insistence on B’s liability to pay for the expenses incurred by A? Explain your answer.
Answer:
A's contention is correct. It is stated in the problem that they agree in such agreement
that “B will pay A for all the expenses incurred by reason of the accident except for the repair of
the car since B will directly pay the same to the A’s insurance company”, transportation and
meal allowance are still covered in the agreement so B needs to pay for it. Literally, it is the
obligation of A himself but it is B’s fault that A needs to commute to get to the repair shop for the
checkup of the progress of his car because of his carelessness in driving. B’s declining it to pay
may fall to breach of contract. Transportation and meal allowance are not part of the repair of
the car, reason for it is still part of the agreement. Expenses were small amount to pay for the
damages and delay that B made to A. on the other hand, B can consider the meal allowance as
an appreciation for A for not filing a case against him.