Obligations
1A In General-Kinds of obligations as to perfection
[Follow the Outline]
Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.
Part Two
Multiple Choice. Choose the best answer.
Part Three
Give direct and concise but complete answers.
Cite authorities, if any.
1. Distinguish civil from natural obligation? Give examples of natural obligations?
CIVIL NATURAL
Based on positive or man-made law Based on equity and natural law
Enforced by granting a right of action to compel performance Generally, it does not grant a right of action for fulfillment or
or fulfillment performance
But it can still be enforced:
a. if the plaintiff required fulfillment before a court and there is
no objection;
b. if there’s voluntary fulfillment, the creditor can still retain
the benefits of such fulfillment.
2. An obligation to pay a sum of money evidenced by a promissory note dated April 29, 2008 is a natural
obligation.
3. Sara borrowed ₱50,000.00 from Julia and orally promised to pay it within six months. When Sara tried to pay her
th
debt on the 8 month, Julia demanded the payment of interest of 12% per annum because of Sara’s delay in
payment. Sara paid her debt and the interest claimed by Julia. After rethinking, Sara demanded back from Julia
the amount she had paid as interest. Julia claims she has no obligation to return the interest paid by Sara because it
was a natural obligation which Sara voluntarily performed and can no longer recover. Do you agree? Explain.
(4%)
4. In January 2018, Mrs. A, a married woman on her sixth (6 th) month of pregnancy, was crossing a street when she
was suddenly hit by a car being recklessly driven by Mr. X. As a result, Mrs. A sustained serious injuries and
further, suffered an unintentional abortion. Mrs. A was hospitalized for two (2) months, during which she incurred
P400,000.00 in medical fees. Her expenses were all duly substantiated by official receipts. During the two (2)-month
period of her confinement, she was unable to report for work and earn any salary, which was established at the
rate of P50,000.00 per month. Mrs. A then filed a civil case for damages against Mr. X.
(a) Based on the case filed by Mrs. A, what is the source of Mr. X's obligation to her as a result of his acts?
Explain.
5. Saachi opened a savings bank account with Shanghainese Bank. He made an initial deposit of PhP100,000. Part
of the bank opening forms that he was required to sign when he opened the account was a Holdout Agreement
which provided that should he incur any liability or obligation to the bank, the bank shall have the right to
immediately and automatically take over his savings account deposit. After he opened his deposit account, the
Shanghainese Bank discovered a scam wherein the funds in the account of another depositor in the bank was
withdrawn by an impostor. Shanghainese Bank suspected Saachi to be the impostor, and filed a criminal case of
estafa against him. While the case was still pending with the Prosecutor’s office, the bank took over Saachi’s
savings deposit on the basis of the Holdout Agreement.
(b) In this case, did the bank have the right to take over Saachi’s bank deposit?
6. If A was convicted of Murder by the trial court but died before his appeal could be decided by the Supreme
Court, may the estate of A be held civilly liable under delict?
7. In CBK Power v. CIR, was their solutio indebiti?
In Andres v. Mantrust, was their solutio indebiti?
8. Can the employer and his driver-employee be held solidarily liable for breach of contract?
Can the employer and his driver-employee be held solidarily liable under delict?
9. In an action for damages filed by a passenger of a common carrier, can the latter raise as a defense that he
exercised the diligence required in the selection and supervision of employees?
10. How should an obligation be complied with?
11. In an obligation to deliver a car, would the delivery of a brand new Toyota Wigo be a sufficient compliance with
the obligation?
12, Are the following obligations valid, why, and if they are valid, when is the obligation demandable in each case?
(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer, does not die within one year.
13. What kind of obligation as to Perfection & Extinguishment was the obligation to construct the roads in Araneta
v. Phil Sugar Estates?
14. Pedro promised to give his grandson a car if the latter will pass the bar examinations. When his grandson
passed the said examinations, Pedro refused to give the car on the ground that the condition was a purely
potestative one. Is he correct or not?
15. Zeny and Nolan were best friends for a long time already. Zeny borrowed 310,000.00 from Nolan, evidenced by a
promissory note whereby Zeny promised to pay the loan “once his means permit.” Two months later, they had a
quarrel that broke their long-standing friendship.
Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory note. what will your advice
be? Explain your answer.
16. In Millare v. Hernando, was Article 1197 applied? Why or Why not?
In Lim v. People, was Article 1197 applied? Why or Why not?
17. Before the arrival of a period, can a debtor be compelled to perform the obligation?
18. If the period was fixed solely for the benefit of the debtor, may the debtor be compelled to perform even before
the arrival of the period?
