Case Analysis.

(15 points: 3 items x 5 points)

Answer the questions and submit thru Dropbox.

J borrowed P75,000 from A by using the latter’s credit card (to be paid on installment basis)
to pay for the former’s emergency hospitalization. J promised that he will pay the monthly
charge every month every time the bill arrives. Not long after, J severally used A’s credit card
details without him knowing to shop online in various occasions. J accumulated a debt of
P100,000.00 in total. However, he did not pay a single monthly amortization. When A knew,
he confronted J of his incapability to pay his obligations. J went into hiding and eventually
flew to Germany. J’s debt accrued interest amounting to P50,000 making his total debt
amount to P150,000.

a. What is the nature of the thing that J has to deliver to A?

The thing that J must deliver to A is generic/indeterminate which means J has an obligation to
give A another thing as long as it is of the same value. Because according to Art. 1246. When
the obligation consists in the delivery of an indeterminate or generic thing, whose quality and
circumstances have not been stated. The creditor cannot demand a thing of superior quality.
Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and
other circumstances shall be taken into consideration.
b. Is J liable to A? if yes for how much?
Yes, J is liable to A because of the fraud and delay in his performance, and J is obligated to pay a
total of P150,000 including interest.
c. What is/are the grounds for his liability. If any? Why?
According to ART. 1170. Those who in the performance of their obligations are guilty of fraud
and negligence or delay, and those who in any manner contravene the tenor thereof, are liable
for the damages. J’s liable for his damages because he has a delay and fraud in his performance.
J severally used A’s credit card without him knowing to shop online on various occasions. he
didn’t perform his promise to A that he will pay the monthly amortization every time the bill
arrives and A confronted J of his incapability to his obligation.