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Law On OBLICON Reviewer
Law On OBLICON Reviewer
Law On OBLICON Reviewer
Note: C.B. Circular No. 905 suspends the ceilings in the usury law.
Hence, parties can agree as to the rate of interest.
Kinds of interest
1. Conventional *The rate which is agreed upon by
the parties.
2. Legal Interest *The rate which is prescribed by law.
3. Lawful Interest *The rate which is agreed upon by
the parties but which rate is within
the rate authorized by law.
4. Usurious Interest *The rate which is in excess of the
maximum rate of interest allowed
by law.
ART. 1176. The receipt of the principal by the
creditor without reservation with respect to the
interest, shall give rise to the presumption that said
interest has been paid.
Rights of Creditors –
In order to satisfy their claims against the debtor, creditors have the
following successive rights:
1. to levy by attachment and execution upon all the property of the debtor,
except such as are exempt by law from execution;
2. to exercise all the rights and actions of the debtor, except, such as are
inherently personal to him; and
3. to ask for the rescission of the contracts made by the debtor in fraud of
their rights.
ART. 1178. Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if there
has been no stipulation to the contrary. (1112)
ART. 1180. When the debtor binds himself to pay when his means
permits him to do so, the obligation shall be deemed to be
one with the period, subject to the provisions of article
1197.(n)
Example –
A promissory note states that “This is to acknowledge receipt
of sum of One thousand Six Hundred pesos (P1, 600.00) and I am
to pay my debt to Arvin as soon as possible or as soon as I have the
money.” It was held that the conditional obligation is void,
because the collection would be impossible, the remedy of the
creditor is to ask the Court to fix the period of payment, thus, it
becomes an obligation with a period.
ART. 1181. In conditional obligations, the acquisition of rights as
well as the extinguishment or loss of those already acquired, shall
depend upon the happening of the event which constitutes the
condition. (1114)
ART. 1185. The condition that some event will not happen
at a determinate time shall render the obligation effective
from the moment the time indicated has elapsed, or if it has
become evident that the event cannot occur.
Example:
Maya binds herself to deliver a determinate car to Tito if he marries Gaya. The
obligation is only demandable upon the happening of the condition that is, if
Tito marries Gaya. The obligation is suspended and not yet demandable.
Example:
Arvin binds himself to lend his only car to Ian until the latter passes the CPA
Board. The obligation to lend is immediately demandable. Ian’s right over the
car is extinguished upon his passing the CPA board. Ian is now obliged to
return the car.
Kinds or classifications of
condition:
2. Potestative, Casual and Mixed
Potestative – is one the fulfillment of which depends upon the sole will of the debtor.
This kind of condition is void.
Example:
Arvin Promise to give his only parcel of land to Maya if he decides to leave for the United
States.
Mixed – is one which depends partly upon the will of third person and partly upon chance
Example:
Vincent promise to give Victor a new Toyota Car if Victor will be able to play with and
beat Karpov in a game of chess. This is mixed condition, that is Karpov willingness to
play chess with Victor and the latter’s winning over Karpov.
Kinds or classifications of
condition:
3. Possible and Impossible
Impossible condition is divided into 2:
a) Physical Impossibility – the condition imposed is not capable of being
performed physically.
Example:
Grace will give Christine a gold necklace if she swims across the
Pacific Ocean.
Example:
Victor will give Jason a car if he will not marry Helen until Dec.
19, 2001, if Jason has not married Helen until Dec. 19, 2001 or if Helen
has died within the prescribed time without having married to Jason,
the obligation becomes demandable. If Jason married Helen within the
prescribed time, the obligation of Victor is extinguished.
Kinds or classifications of
condition:
5. Divisible and Indivisible
Example –
On Jan. 1, 1999 A agreed to give B a parcel of land if he
passes the May, 1999 CPA exams. If B passes the CPA
exams in May, 1999, he is entitled to the land effective
Jan. 1, 1999 because B’s right over the land retroacts to
the date when the obligation was constituted.
As to the fruits and interest – The effect of conditional
obligation to give, as a rule, do not retroact to the date of the
constitution of the obligation. The following rules shall
govern:
Example:
A agrees to sell and B agrees to buy A’s parcel of
land if B passes the May, 1999 CPA exams. If B passes the
May, 1999 CPA Board, the obligation becomes
demandable. B is entitled to all the interests that his
money (with which to pay A) may earn while A is
entitled to the fruits which the parcel of land may have
produced during the pendency of the condition.
2. In unilateral obligation – the debtor shall appropriate
the fruits and interests received during the pendency
of the condition unless a contrary intention appears.
Example –
X agreed to give Y a parcel of land if Y
passes the CPA Board in May, 1999 exams.
Pending the happening of the condition, A is
entitled to the fruits which the land may produce,
A will deliver only the parcel of land if the
condition is fulfilled, unless a contrary intention
appears.
ART. 1188. The creditor may, before the fulfillment of
the condition, bring the appropriate actions for the
preservation of his right.
Example:
On Jan. 1, 1999, Raul obliged himself to sell a parcel of land
to Dennis if he passes the CPA exams in October, 1999.
From the time the obligation was constituted and pending
the happening of the condition (passing the CPA Exams)
Dennis may cause the annotation of the condition in the
certificate of title in the Register of Deeds where the land is
located, to preserve his right over the parcel of land.
Paragraph II in order that debtor may recover what he has paid by
mistake, during the pendency of the condition, the following
requisites may be present:
1. The debtor paid the creditor before the fulfillment of the condition;
2. Payment made by debtor was through mistake and error;
Example –
Pedro obliged himself to pay Santos P20, 000 if a PAL plane crashes at
Cebu before Dec. 30, 1998. After the obligation was constituted and
before Dec. 30, 1998, a plane crushed in Cebu. Pedro honestly and
believing that the condition was fulfilled paid the P20, 000 to Santos. It
turned out however that it was a Cebu airline that crushed. Thus, Pedro
may recover the amount paid to Santos by mistake for the reason that
the condition has not yet been fulfilled.
ART. 1189. When the conditions have been imposed with the
intention of suspending the efficacy of an obligation to give, the
following rules shall be observed in case of the improvement, loss
or deterioration of the thing during the pendency of the
condition:
1) If the thing is lost without the fault of the debtor, the obligation shall
be extinguished.
2) If the thing is lost through the fault of the debtor, he shall be obliged
to pay damages; it is understood that the thing is lost when it
perishes, or goes out of commerce, or disappears in such a way that its
existence is unknown or it cannot be recovered;
3) When the thing deteriorates without the fault of the debtor, the
impairment is to be borne by the creditor;
4) If it deteriorates through the fault of the debtor; the creditor may
choose between the rescission of the obligation and its fulfillment,
with indemnity for damages in either case;
5) If the thing is improved by its nature, or by time, the improvement
shall inure to the benefit of the creditor;
6) If it is improved at the expense of the debtor, he shall have no other
right than that granted to the usufructuary.
These rules apply only to obligation to give a determinate or
specific thing subject to a suspensive condition in case of loss,
deterioration or improvement of the thing.
1. In case of loss of the thing
a) If the thing is lost without the fault of the debtor, the obligation shall
be extinguished.
Example –
Reyes obliged himself to give Santos a determinate car if he
passes the CPA Exams in Oct. the current year. If during the
pendency of the condition the car was lost through fortuitous event
without the fault of Reyes, the obligation to deliver the car is
extinguished even if the condition is fulfilled later.
b) If the thing is lost through the fault of the debtor, he shall be obliged
to pay damages. If in the example above, the specific car was lost
through the fault of Reyes, he shall be liable for damages upon the
fulfillment of the condition.
It is understood that the thing is lost:
a) When it perishes (as when a house is burnt to ashes)
Example :
A gave B a parcel of land on condition that B will pass the
CPA Exams on May, this year. B did not pass the CPA Exams. The
obligation is extinguished and therefore, it is as if there was never
an obligation at all. B will therefore have to return both the land and the
fruits he had received there from the moment A has given him the land.
ART. 1191. The power to rescind obligatios is implied
in reciprocal ones, in case one of the obligors should not
comply with what is incumbent upon him.
The injured party may choose between the
fulfillment and the rescission of the obligation, with the
payment of damages in either case. He may also seek
rescission, even after he has chosen fulfillment, if the
later should become impossible.
The court shall decree the rescission claimed,
unless there be just cause authorizing the fixing of a
period.
This is understood to be without prejudice to the
rights of third persons who have acquired the thing, in
accordance with articles 1385 and 1388 and the Mortgage
Law.
Right to Rescind
The right to rescind means the right to cancel or to resolve
in case of reciprocal obligation in case of non-fulfillment
on the part of one.
Example:
In a contract of sale, the buyer can rescind if the seller does
not deliver or te seller can rescind if the buyer does not pay.
The power to rescind is given to the injured party and the
injured party has the following alternative remedies:
1. Demand fulfillment of the obligation plus damages; or
2. Demand rescission of the obligation plus damages.
ART. 1192. In case both parties have committed a breach
of the obligation, the liability of the first infractor shall
be equitably tempered by the courts. If it cannot be
determined which of the parties first violated the
contract, the same shall be deemed extinguished, and
each shall bear his own damages.
Example -
E owes G P20, 000.00, which was supposed to be paid on December 25 this
year. By mistake, E paid his obligation on December 25 last year. Assuming
that today is only June 30, E can recover the amount plus interest therein.
But E cannot recover, except he interest, if the debt had already matured or
if E had knowledge of the period.
ART. 1196. Whenever in an obligation a period is
designated, it is presumed to have been established for
the benefit of both the creditor and the debtor, unless
from the tenor of the same or other circumstances it
should appear that the period has been established in
favor of one or of the other. (1127)
The courts shall also fix the duration of the period when
it depends upon the will of the debtor.
In every case, the courts shall determine such period as
may under the circumstance have been probably
contemplated by the parties. Once by the courts, the
period cannot be changed by them. (1128 a)
Example:
Gaya binds herself to give Tito either a determinate refrigerator or a TV
set. If Gaya chooses and delivers the TV set, the obligation is
extinguished. Thus, Gaya cannot compel Tito to accept part of one and
the part of the other prestations.
ART. 1200. The right of choice belongs to the
debtor, unless it has been expressly granted to the
creditor.
b) Unlawful – E.g. Gaya obliged herself to deliver to Tito a kilo of dangerous drug or a
parcel of land. Gaya can choose only the delivery of parcel of land.
c) Could not have been the object of the obligation - E.g. Gaya borrowed from Tito
P50, 000. It was agreed that Gaya would give Tito her horse or her German Piano.
Now, Gaya has two horses, a race horse worth P50, 000 and an ordinary horse
which is worth for only P5, 000. Gaya cannot choose
d) Only one prestation is practicable (Art. 1202) – E.g. Gaya will deliver to Tito her
carabao, or her horse or her refrigerator. Through no fault of Gaya, the horse and
the carabao were lost by fortuitous event. Gaya can only delivery the refrigerator
which is the only one practicable.
ART. 1201. The choice shall produce no effect
except from the time it has been communicated.
(1133)
Example:
Gaya borrowed from Tito P5, 000.00. it was agreed that instead of P5, 000,
Gaya could deliver a TV set or a refrigerator or a piano. If through the fault of
Tito, the TV set was destroyed, Gaya can rescind the contract if she wants. In
case of rescission, the amount of P 5, 000.00 must be returned by Gaya with
interest. Tito, in turn, must pay Gaya the value of the TV set plus damages.
ART. 1204. The creditor shall have a right to indemnity for
damages when, through the fault of the debtor, all the things which
are alternatively the object of the obligation have been lost, or the
compliance of the obligation has become impossible.
The indemnity shall be fixed taking as a basis the value of the last
thing which disappeared, or that of the service which last became
impossible.
Damages other than the value of the last thing or service may also be
awarded. (1135a)
When right of choice is with debtor and all prestations were lost –
This article entitles the creditor to indemnity for damages when all the
alternative objects are lost through the fault of the debtor before he has
made his choice. The indemnity for which the creditor is entitled shall be
based on the value of the last thing which disappeared or lost or the
compliance of the obligation has become impossible.
ART. 1205. When the choice has been expressly given to the
creditor, the obligation shall cease to be alternative from the
day when the selection has been communicated to the debtor.
Until then the responsibility of the debtor shall be governed
by the following rules
2) If the loss of one of the things occurs through the fault of the
debtor, the creditor may claim any of those subsisting, or the
price of that which, through the fault of the former, has
disappeared, with a right to damages
3) If all the things are lost through the fault of the debtor, the
choice by the creditor shall fall upon the price of any one of
them, also with indemnity for damages.
The same rules shall be applied to obligations to do or
not to do in case one. Some or all of the prestations
should become impossible. (1136a)
Example –
A and B are jointly liable to give C a particular car. The obligation is joint but since
the object is indivisible, the creditor must proceed against al the joint debtor. If any of
the joint debtors be insolvent, the others shall not be liable for others.
ART. 1210. The indivisibility of an obligation does not
necessarily give rise t solidarity. Nor does solidarity of
itself imply indivisibility. (n)