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Buslaw: By: Prof. Stephen C. Escartin J.D, LPT
Buslaw: By: Prof. Stephen C. Escartin J.D, LPT
2. FRAUD (DOLO)
4. Breach through
1. DELAY (MORA) VOLUNTARY (DEBTORS
FAULT)
contravention of the
tenor thereof
3. Negligence
(culpa)
Forms of breach of obligations
FORTUITOUS
EVENTS
Delay or Mora
Compensatio Morae –
Mora Accipiendi –
Mora solvendi – Default on the part of
Default on the part
Default on the part of both the debtor and
of the
the debtor/obligor creditor in reciprocal
creditor/oblige; obligations.
CASE ANALYSIS: Pantaleon v. American Express
International, Inc.,
General Rule:
If the negligent act or omission of the creditor is the proximate cause of the event
which led to the damage or injury complained of, he cannot recover
INVOLUNTARY: FORTUITOUS EVENT
ELEMENTS:
1.Cause of breach 3. Absolutely
is independent of 2. Event is
impossible to
the will of the unforseeable
debtor fulfill
4.Without fault
of the debtor
Act of God vs. Act of Man
Event which is absolutely independent of human Event caused by the legitimate or illegitimate acts
intervention of persons other than the obligor
e.g. Earthquakes, storms, floods, epidemics e.g. Armed invasion, robbery, war (Pineda, 2000).
NOTE
First, processing claims against the government are certainly not only foreseeable
and expectable, but also dependent upon the human will. Second, the Christmas
season is not a caso fortuito, but a regularly occurring event. Third, the occurrence of
the Christmas season did not at all render impossible the normal fulfillment of the
obligation. Fourth, MIAA cannot argue that it is free from any participation in the
delay. It should have laid out on the compromise table the problems that would be
caused by a deadline falling during the Christmas season. Furthermore, it should
have explained to ALA the process involved for the payment of ALA’s claim (MIAA
v. Ala Industries Corp., G.R. No. 147349, February 13, 2004)
Effects of fortuitous events
Accion subrogatoria
Accion pauliana
Accion directa
Accion subrogatoria
2. Conditional Obligation
NOTE: Other obligations which are demandable at once are: 1. Obligations with a
resolutory condition; and 2. Obligations with a resolutory term or period [NCC,
Arts. 1179 (2) and 1193 (2)].
distinctive characteristic of a pure obligation
An uncertain but past event itself can never constitute a condition because in
order to be classified as a condition, the requisites of futurity and uncertainty are
required. Neither can it constitute a term or period because in order to be classified
as a term or period, the requisites of futurity and certainty are required. But the
proof or ascertainment of the fact or event, as distinguished from the fact or event
itself may either constitute a condition or a term depending upon the circumstances
of each case.
Constructive fulfillment of a condition
Q: Ramon, the judicial administrator of the estate of Juan, found out that
Rodriguez had enlarged the area of the land which he purchased from Juan before
his death. Thus, Ramon demanded Rodriguez to vacate the portion allegedly
encroached by him. Rodriguez refused and contested there was indeed a
conditional sale with the balance of the purchase price payable within five years
from the execution of the deed of sale. Ramon then filed an action for recovery of
possession of the disputed lot. Is the contract of sale a conditional one?
ANSWER:
A: NO. The stipulation that the "payment of the full consideration based on a
survey shall be due and payable in five years from the execution of a formal deed
of sale" is not a which affects the efficacy of the contract of sale. It
merconditionely provides the manner by which the full consideration is to be
computed and the time within which the same is to be paid. But it does not affect
in any manner the effectivity of the contract (Heirs of San Andres v. Rodriguez,
G.R. No. 135634, May 31, 2000)