Oblicon Material: LAW_20013.pdf Exercises: Situational questions.

Every answer must be supported with a

legal basis.
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?
There is no responsibility to be satisfied since no legal bonds or vinculum Juris bind both parties.
This is a negative response to the question (Article 1156). Because A's request is just a bad option that B
did not consent to, this specific source of responsibility cannot be regarded as genuine. Furthermore, no
law, contract, quasi-contract, delict, or quasi-delict can be identified so that no obligation can exist
(Article 1157).  Additionally, according to article 1158, Law-based obligations are not implied. Only
those specified explicitly in this Code or special laws are demandable and are governed by the precepts
of the legislation that established them, as well as the requirements of this Book in the case of what has
not been expected. As a result, since the responsibility to help A in his assignment is not specified in the
law, B cannot be held accountable 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?
Under Article 1164, the creditor is entitled to the item's proceeds from when the duty to deliver
arises. However, he will not gain a legal claim until it is handed to him. Therefore, even if the creditor
has the right to a thing's fruits from the moment the obligation to give the item emerges, his ownership
of the object will not begin until it is handed to him. Therefore, B is entitled to Sea Horse, Jr. since it
was born four days beyond the due date of the obligation. In addition, because B has already paid the
purchase price to A, B does not need to provide A Sea Horse Jr. Furthermore, since Sea Horse, which
is owned by B, is not Sea Horse Jr.'s parent and because Sea Horse Jr. is a specific firm, the former
does not belong to B and does not come under its ownership. Sea Biscuit/Sea Horse Jr. is neither a
product nor a descendant of Sea Horse. Sea Biscuit/Sea Horse Jr. is thus not owned by B since it does
not satisfy the conditions of Article 1166.

3. A is obliged to deliver to B a determinate car. What are the other obligations of A relative to the car, if
any?
A is obligated to take care of the automobile with the attention to detail that one would expect
from a responsible family patriarch (Article 1163). Additionally, A is responsible for delivering the
fruits as of the point in time when the responsibility to provide was triggered (Article 1164). In addition,
A is required to supply the accouterments and accessories, even though these items may not have been
stated (Article 1166). Lastly, if A violates the terms of the agreement in any way, whether by fraud,
carelessness, or delay, they are obligated to pay damages (Article 1170).

4. Who is liable if the subject of the obligation was totally destroyed by a fortuitous event?
No one is to be held accountable for what transpires if a definite or an indefinite object is
destroyed or lost not due to any person's actions but rather because of a fortunate occurrence. The
obligor or debtor would still be liable even if the loss were caused by a fortuitous event or force majeure,
except for situations in which the nature of the obligation requires the assumption of risk or when the
law expressly specifies that the obligor or debtor is exempt from liability for a threat, or when the law
specifies explicitly that the obligor or debtor is exempt from liability (Article 1174).
 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?
A has the right to fulfill the obligation and finish building the dwelling. In the event of
disobedience, the court of justice may summon the offended party (B) to compel its completion or,
failing that, the economic worth it represents (Article 1170). However, B cannot penalize A
extrajudicially; legal action must be conducted. Furthermore, B has the right to have the home built by
himself or someone at the debtor's cost. (See Article 1167.)

Exercises: Situational questions. Every answer must be supported with a legal basis.
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?
Since A, B, and C are only joint creditors, they can collect their portion, P10,000, from Y, a
solidary debtor. According to Article 1207, the credit that the debtors owe must be subdivided into the
same number of equal portions regardless of how many debtors there are. Furthermore, Y and Z are
considered solidary debtors. Therefore, Y is likewise responsible for paying the debt owed by Z to each
creditor; however, none of the creditors can collect the whole 30,000 dollars because they are joint
creditors, and only one of them may collect their portion of the debt.

2. When the period is “on or before the date”, the debtor may perform his obligation even before the period
arrives. Why?
Because a term specified by the parties is deemed to have been formed for the advantage of both
the debtor and the creditor, the debtor may execute his obligation even before the period. This
assumption is defensible. The tenor of the obligation or other factors may constitute a term in favor of
one of the parties. The period may be: (1) for the debtor's benefit; he cannot be compelled to perform the
obligation before the arrival of the period and may perform the obligation in advance, or (2) for the
creditor's benefit; 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?

When an obligation is contingent on the occurrence of a future or indeterminate event, such an
event is referred to as a suspensive condition. For instance, A has promised B that she would get a
vehicle if she is successful in her bar test. The obligation cannot be required all at once, but it may be
sought after A has completed the bar examination. A resolutory condition, on the other hand, is
something that happens, and once it does, the duty is no longer in effect. For instance, A agrees to
provide financial assistance for B in the amount of five thousand pesos per month until B has already
secured employment. The responsibility to offer a monthly pension begins immediately, but it ended the
minute B started working and was able to support themselves financially.

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?
Upon the passing of B's father, it is A's responsibility to give B a particular automobile. As a
result, A is responsible for fulfilling an obligation with a dot. In this circumstance, death is the
requirement that is according to one that creates a period; it is an actual occurrence that must occur
sooner or later at a date specified in advance or at a time that cannot be predicted. (Art. 1193, par. 3.)

5. Refer to Qs No. 5, will your answer be the same if A will give B a determinate car if B’s father died of
Tuberculosis (TB)?
 No. Given that we cannot predict the future, we cannot state with certainty that his father will
succumb to tuberculosis. It is a future filled with unknowable occurrences (Art. 1179). As a result, the
answer to question no. 5 is found under the category of Pure and Conditional Obligations.
Exercises: Situational questions.Every answer must be supported with a legal basis.
1. How a valid payment is made to extinguish an obligation?
According to Article 1232, making a legal payment includes the delivery of money and the
execution of an obligation in any other way. To put it another way, payment does not just comprise the
giving of money to compensate for something, but also the giving of something in terms of providing an
item (generic or particular) or doing something, or not doing something. Article 1233 further states that
a debt is not considered paid until the product or service in which the obligation consists has been
entirely delivered or provided, as the case may be. A debt shall not be deemed paid if the responsibility
to pay has not been fulfilled following the original debt. For instance, suppose A borrowed 2,000 pesos
from B and pledged to pay it back the following day. Because A did not pay the whole amount to B, a
payment of 1,500 pesos is not deemed acceptable to terminate an obligation. Finally, an exception in
Article 1234 is one significant compliance and good faith.

2. X is indebted to Y for Php1,000.00. X then alienated to Y his brand new bag as payment. Will this
alienation immediately takes effect of payment?
According to Article 1245, there is a particular sort of payment known as Daccion en page
(dation in payment) in which a single property is alienated to the creditor in repayment of a monetary
obligation. The law of sales governs this. In this scenario, it is said that X alienated his brand new bag as
a means of discharging or extinguishing his responsibility instead of the 1,000 pesos. (Of course, this
must be accepted with the approval of Y to cover for the complete discharge of the obligation.) The
alienation will then take effect as soon as it is acknowledged by the creditor, which is Y. However, if
there is no permission or agreement with Y, the alienation cannot take effect immediately.

3. X obliges himself to give Y a particular car on January 5, 2020. However, the said car was totally
wrecked in an accident involving X on January 2, 2020. What is the implication of the total loss of the
car as to the obligation of X?
According to article 1262, an obligation based on the delivery of a specific object is canceled if it
is lost or destroyed without the debtor's fault and before he has been in default. When the obligor is
accountable for even accidental occurrences by law or contract, the loss of the object does not cancel the
obligation. He will be held liable for damages. When the nature of the duty necessitates the acceptance
of risk, the same criterion applies in this particular instance. On January 2, 2020, before delivery, it was
discovered that the vehicle mentioned above was destroyed in an accident involving X. Despite the
accident, X must be able to care for the item with the diligence of a decent father of a family (article
1163) and is still responsible for the damages since X is aware of the possibility of an accident
occurring. With the entire loss of the vehicle due to carelessness, damages must be paid (Article 1170)

4. X is indebted to Y for Php1 Million. Y, being a good friend, informed X that he is condoning the debt of
X. Will this unilateral offer of condonation of Y immediately result in the extinguishment of obligation
of X?
Article 1270 states that a pardon or remission is primarily gratis and must be accepted by the
debtor. It may be made either explicitly or implicitly. Both types should be subject to the regulations
governing unofficial contributions. In addition, the forms of giving must be adhered to while expressing
condolences. For X's unilateral offer to take effect, Y must accept X's concession. It will not be instant
 since Y has not yet expressed acceptance. X only told Y of the pardon, but there was no indication that
Y accepted the offer of condonation.

5. Is death a mode of extinguishing obligation?

According to article 1231, in conjunction with article 1311, the duty may be extinguished if a
party requiring personal service has passed away. In addition, article 1311 states that death does not
eliminate an obligation but transfers it to the decedent's heirs and assigns rights and responsibilities since
they are generally transferable. Unless the rights and responsibilities resulting from the contract are not
transferable by virtue of their nature, a stipulation, or a statute. So it is possible that an obligation is not
transmissible to the successor. However, if a debt is transmissible, for example, if X owes 10,000 pesos
to Y and X dies, his daughter or son must pay Y up to the value of the property she acquired from X.
Exercises: Situational questions. Every answer must be supported with a legal basis.
1. A owes B P500,000.00. It was agreed that the P200,000.00 has to be given to X as B is likewise
indebted to him. Can X demand payment the P200,000.00 from A?
Yes, X is within his rights to request money from A so long as he notifies both A and B of his
approval of the terms before revoking them. If a contract should include any stipulation in favor of a
third person, according to Article 1311, that person is permitted to demand that the stipulation be
fulfilled provided that he conveyed his agreement to the obligor before the cancellation of the contract.
Since X is already aware of A's responsibility and has been notified concerning it, X is within its rights
to request payment from A.

2. A offered for sale to B a particular car for Php2 Million. B accepted the offer but for Php1.5 Million
only. Are the parties bound by their offer and acceptance?
The offer and acceptance made by one party do not bind the other party. In the end, an offer has
been made and accepted, but the acceptance was not total; thus, it is apparent that there is not yet
consent. A request must be definite, and acceptance must be absolute, following Article 1319 of the
Convention on the Law of Treaties. Because the offer's parameters were not reflected in the acceptance,
the acceptance is seen as a rejection, and there is a chance that a counteroffer will be made.

3. A offered for sale to B a particular condominium unit in Sta. Mesa, Manila. Sensing that B still needs to
inspect the unit, he gave B within five (5) days either to accept or reject the offer. After three (3) days, B
communicated his acceptance of the offer to A which A turned it down considering that he changed his
mind already and is no longer selling the unit. Is A bound by his offer?
Yes, A is obligated to his offer. The offer may be withdrawn at any time before acceptance as
long as the offeror communicates such withdrawal unless something has been paid for or promised
under the rules of offer and acceptance outlined in Article 1324. These rules apply when the offeror has
given the offeree a certain period of time within which to accept the offer. Since no consideration or
commitments are being made by B in this scenario, and the withdrawal was disclosed after the offer was
accepted, A is obligated to his offer.

4. A sent a letter to B offering for sale his particular house and lot in Bulacan. The following day, upon
receipt of A’s letter, B immediately drafted likewise a letter accepting the offer. Can A still withdraw
from his offer?
Yes, A has the option to back out of his offer. Article 1319 lays forth the standards that must be
followed to decide whether or not acceptance already binds the offeror. According to these principles,
the offeror is not secured until he knows the acceptance. In this scenario, the acceptance letter from B
has not been sent to A just yet; hence, A still has the option to back out of the deal.
 5. A is so desperate to acquire the ownership of a tract of land owned by B. B would not concede whenever
A offers to purchase it. Out of desperation, he poked a gun to B and asked him to sign a pre-form
contract of sale pertaining to the said lot. Can B invalidate the contract?
Without a doubt, B can nullify the contract. Article 1330 states that a contract is voidable if
permission was provided via error, assault, intimidation, undue influence, or fraud. This provision
applies to all situations in which consent was given. Because A coerced B into signing a pre-form
contract, and B was obliged to do so out of a reasonable and well-grounded fear of immediate and
severe harm to his property, the agreement cannot be upheld.
Exercises: Situational questions. Every answer must be supported with a legal basis.
1. A is the legal guardian of X, a minor. In his capacity as a guardian, he sold the condominium unit of X
worth 1million pesos for only P500,000.00. Discuss the status of the contract?
The state of the contract allows for rescission at any time. According to Article 1381, a contract
may be rescinded if it was entered into by guardians whenever the wards whom they represent suffer a
loss that exceeds one-fourth of the value of the things that are the object thereof. This provision applies
to situations where the value of the items has been reduced. Since A was able to sell the condominium
unit for more than one-fourth of its initial price, the agreement might be terminated.

2. A obtained the services of B for the construction of his house in Bulacan. However, considering the
financial predicament A is still facing, they agreed that B will start its construction after one (1) year.
What could be the rights and obligations of the parties in the event B refused to proceed with his
obligation?
The contract cannot be enforced, so B is under no responsibility to comply with its terms. In
accordance with Article 1403, those that do not conform to the fraud statute are deemed incapable of
being enforced by action. Since the agreement is not to be carried out within the next year and was not
put in writing, the contract cannot be held to its terms and is thus unenforceable.

3. A forcibly secured the consent of B to sign the contract. Later, A wanted to invalidate the contract by
reason that the consent of B in signing the contract is vitiated. On the other hand, B, despite such fact, he
wanted to pursue the contract. What is the best way to decide the situation?
B must confirm the contract before it can go further. Ratification is defined as "an act or method
by which efficacy is imparted to a contract which suffers from a vice of curable nullity," which may be
found in Article 1393 of the Civil Code.

4. A poked a gun to B since B does not want to sell his valued property to A and then uttered these words,
“Pirmahan mo ang Deed of Sale na ito, kung hindi uubusin ko ang lahi mo!!!”. What is the status of A
and B’s contract?
If, as a result of A's activities, B did sign the contract, then the status of the agreement between A
and B may be voided. Under Article 1390, a contract may be declared voidable if it was entered into as a
result of mistake, violence, intimidation, being under the influence of another, or fraud. As a result of the
fact that A was threatened by B by putting a pistol in his face, the contract should be considered
voidable.

5. A is asking for the reformation of the instrument because he was allegedly deceived by B in agreeing
that payment has to be made in 5 equal installments only when in fact the payment should have been
within a period of 12 months. Is this remedy correct?
 Yes, the treatment is effective. According to Article 1359, if there has been a meeting of the
minds between the parties to a contract, but the parties' true intention is not expressed in the instrument
purporting to embody the agreement, either as a result of mistake, fraud, inequitable conduct, or
accident, then one of the parties may ask for the reformation of the instrument for such true intention to
be expressed. If there has been a meeting of the minds between the parties to a contract, then In this
instance, the payment agreement contains an error; hence, A has the right to request reformation to
correct the issue.