Quiz 7 to 9 Hybrid

Includes only intermediate and advanced questions in Obligations.

FR: Quiz 7
1. Going to his work, Pedro rode a taxi driven by Juan and owned by Pablo. While
driving the taxi at high speed, Juan was always holding his cellphone and texting.
As consequence, the taxi had a collision with a bus which resulted into injuries to
both Pedro and Juan. In the criminal case filed by Pedro against Juan, the latter
was acquitted by reason of reasonable doubt. May Juan be still held civilly liable
to Pedro on the basis of the commission of a crime? Cite your basis (Question
13).

2. In Question No. 13, assuming that Juan was held civilly liable ex delicto
notwithstanding his acquittal, but he turned out insolvent. May Pablo be held
liable to Pedro on the basis of civil liability ex delicto? Explain (Question 14).

3. In Question 13 and 14, if the basis of the recovery of civil liability is delict, may
Juan and Pablo be held solidarily liable? (Question 15)

4. In Question No. 13, what if Pedro sued Juan and Pablo on the basis of breach of
contract, will the action prosper? (Question 16)

5. In Question No. 16, may Juan and Pablo be held solidarily liable to pay civil
liability to Pedro? (Question 17)

6. In Question No. 13, can Pedro sue Juan instead on the basis of quasi-delict even
if the negligence of the latter is criminal in character? Cite your basis. (Question
18)

7. In Question 13, can Pedro sue on the basis of quasi-delict even if there was a
preexisting contractual relation? Cite your basis. (Question 19)
 8. In Question No. 13, if Pedro can recover civil liability on the basis of quasi-delict,
may he be allowed to sue both Juan and Pablo? If yes, what will be the basis of
the liability of each? (Question 20)

9. In Question No. 20, if Pedro will recover civil liability on the basis of quasi-delict,
may Juan and Pablo be held solidarily liable? Why? (Question 21)

10. In Question No. 20, may it be possible for Pablo to be not liable on the basis of
quasi-delict? If yes, in what situation? (Question 22)

FR: Quiz 8
1. In February 2019, Fred committed to deliver to Ana his female horse (Petra) on
the condition that Ana should pass the bar examinations to be given in November
of that year. In August 2019, Petra gave birth to a foal. When the results of the
bar exams were released in April 2020, Ana was among the passers. Is Ana also
entitled to the delivery of the foal? (Question No. 6)

2. In Question No. 6, what if Fred sold Petra to Anton last in June 2019. Can Ana
recover Petra from Anton upon passing the bar examinations? (Question No. 7)

3. In Question No. 6, what if Petra’s left eye became blind sometime in November
2019 when Fred hit the horse with a gold club. Upon passing the bar exams,
what are the remedies available to Ana? (Question No. 8)

4. In Question No. 6, what if Petra is a champion horse and worth P5 Million.

However, Fred committed to deliver Petra to Ana in exchange for P500,000 only
but on condition that Ana should pass the bar examinations to be given in
November of that year. In August 2019, Petra gave birth to a foal. When the
results of the bar exams were released in April 2020, Ana was among the
passers. Is Ana also entitled to the delivery of the foal? (Question No. 9)

5. In the last will and testament of the testator, a devise consisting of a parcel of
land was bequeathed in favor of A but the testator imposed upon him the
obligation to erect a statute of the testator within reasonable time. After seven
years, the legal heirs of the testator made a demand upon A to reconvey the land
to them because of the latter’s failure to erect the statute. A went to court and
 asked the court to fix the period for the performance of his obligation. If you were
the court, will you decide in favor of A’s prayer? (Question No. 23)

FR: Quiz 9
1. “A” is indebted to “B” in the amount of P100,000. Upon maturity, A tendered the
sum of P90,000 to B, which the latter accepted without objection. Two weeks
after, B demanded the payment of the balance. A refused to pay on the ground
that his obligation was totally extinguished when B accepted the incomplete
payment without objection. Is A correct? (Question No. 3)

2. A’s obligation to B in the amount of P100,000 is secured by the guaranty of C

and a security agreement over the property of D. When A failed to pay B upon
maturity, F, without the knowledge and consent of A, offered to pay A’s obligation
to B. B accepted the payment offered by F in the amount of P100,000. Is F
entitled to reimbursement from A? (Question No. 4)

3. In Question No. 4, will F be entitled to go after C or to foreclose the security if A

turns out to be insolvent? (Question No. 5)

4. In Question No. 4, what if after F’s payment was accepted by B, the latter also
accepted payment from A in the amount of P100,000, who paid without
knowledge of F’s earlier payment. Is F entitled to reimbursement from A?
(Question No. 6)

5. In Question No. 6, what is the remedy and who is required to exercise it?
(Question No. 7)