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CHAPTER 3
DIFFERENT KINDS OF OBLIGATIONS
SECTION 1 PURE AND CONDITIONAL OBLIGATIONS
(Arts. 1179-1192)
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(b) Casual depends upon chance, OR upon the will of a third person
(c) Mixed depends partly upon chance, and partly upon the will of a third
person
5. Kinds of conditions as to form :
[par. 2]
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place.
POSITIVE
NEGATIVE
7. Art. 1186 When the debtor voluntarily performs any act to prevent the
happening of a suspensive condition, the same results in the constructive
fulfillment of the suspensive condition.
(a.1.) re the thing once the condition is fulfilled, its effects retroact to
the day when the obligation was constituted.
(a.2.) re fruits and interests :
(a.2.1.) in reciprocal obligations no retroactive effect; fruits and
interests received are deemed mutually compensated
(a.2.2.) in unilateral obligations no retroactivity as they are
gratuitous
(b) In personal obligations (par. 2) subject to courts determination
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(a.1.)
(a.2.)
(a.3.)
(a.4.)
(b)
sue in court
initiate the recording of his expected right
ask for security if the debtor is about to be insolvent
ask the court to prevent alienation or concealment pendente
conditionae
Debtor Can the debtor recover from the creditor what he has paid
by mistake? (par. 2)
Payment by mistake
When creditor is in :
good faith
bad faith
YES
YES + F/I
Deliberate
payment
NO
NO
NO + F/I
NO
YES
YES + F/I
YES
IMPROVEMENT
DEBTORS INTENT
Without Fault
With Fault
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(c.1.)
(c.2.) If there is just cause for fixing the period within which the debtor
can comply, the court will not decree the rescission claimed.
(par. 3)
(c.3.) If the property, subject of the contract, is in the hands of an
innocent third party who has lawful possession of the same,
rescission will not be successful. (par. 4)
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APPLICATION/PROBLEMS :
1. On May 5, 2015, Jim entered into an agreement with Jet. Under the
agreement, Jim obliged himself to deliver to Jet an antigue ruby ring worth
P50,000.00 anytime that Jet wants it and demands delivery. On June 5, 2015, Jet
makes up her mind and insists on the delivery of the ruby ring from Jim. Jim,
however, denies liability and claims that the condition, that is anytime Jet wants it,
was potestative in nature. Hence, the same condition upon which Jims obligation
was made to depend upon, as well as the obligation itself, is void. Does Jims
argument have legal basis? Is he under obligation to deliver to Jet the rubi ring as
promised? Clue: Art. 1182.
2. On March 15, 2015, Donna and Celia entered into an agreement. In their
agreement, Donna obliged herself to purchase from Celia a house and lot located in
Makati for P3.5M. Donnas husband had been detailed by their office from Baguio
City to Makati effective May 1, 2015. Hence, the family was relocating permanently
to Makati. For this reason, it was agreed by the parties that by April 15, 2015, Celia
should have vacated and readied the house for occupancy to allow Donna and her
family to move in. On April 13, 2015, when Donna contacted Celia, she was
informed that Celia had not even taken initial steps to vacate the subject property.
Hence, Donna was left with no other recourse but to accept the proposal of an agent
for the acquisition of a two-bedroom condominium unit at the Avida Towers in Makati
which was available for occupancy as of April 15, 2015. Celia, however, demanded
that Donna make good her commitment to purchase Celias Makati house and lot as
per their March 15, 2015 agreement. Under the factual circumstances obtaining, is
Donna bound to comply with her obligation? Clue: Art. 1184.
3. Angelo hired Engr. Luis to construct a 50-kilometer road within his private
subdivision. It was agreed that Engr. Luis was to finish the construction in 3 months.
The contract price agreed upon was P2M. After six weeks, however, and without
justification, Angelo ordered the construction stopped with the work barely halffinished. Engr. Luis was left with no choice but to follow the owners instruction for
work stoppage. Engr. Luis, however, charged Angelo for the complete contract price
of P2M. Angelo refused to pay the entire amount on the ground that the project was
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only then half-finished. Can Engr. Luis demand from Angelo payment of the entire
contract price of P2M? Clue: Art. 1186.
4. On February 11, 2013, Francis and Josh entered into a transaction with
regard to a 1-hectare farm lot in Laguna owned by Francis. The parties agreed that
should Josh pass the Nursing Board Examination on September 30, 2014, Francis
will sell the said farm lot to Josh for P1.5M. On March 15, 2013, Josh promised to
sell the farm lot to Reuben for P2M. On October 23, 2013, Francis promised to sell
the farm lot to Peter. On September 30, 2014, Josh passed the Nursing Board
Examination. As between Reuben and Peter, who has a better right over the farm
lot? Clue: Correlate Arts. 1187 & 1188.
5. On April 4, 2014, I gave you Shaun, my favourite sheep, on the condition
that you will never go to the casino. On September 20, 2014, Shaun gave birth to 5
healthy lambs. On January 2, 2015, however, I saw you going to the casino again.
So, on January 3, 2015, I demanded for the return of Shaun and her 5 lambs. You
gave me Shaun but you refused to give me her babies, and in fact sold the 5 lambs
last Christmas. Do you think your refusal is legally justified under the factual
circumstances? Clue: Correlate Arts. 1189 & 1190.
6. On December 20, 2010, Rudy and Dan entered into a lease contract. It
was agreed that Dan would lease an office space from Rudy for 5 years starting
January 1, 2011 to December 31, 2015. In consideration therefor, Rudy was to
collect a monthly rental of P10,000.00 from Dan. Starting January 1, 2013, however,
or after 2 years of the contract, Dan failed to pay his monthly rental payments
despite repeated demands from Rudy. Hence, on March 1, 2013, Rudy asked Dan to
vacate the premises if he could not afford to pay. On March 15, 2013, Dan turned
over the office space to Rudy. Now, Rudy demands from Dan payment of rents for
the remaining three years of the contract, i.e., from January 1, 2013 to December 31,
2015. Is Rudy well within his rights to claim said rental payments for the remaining
term of their lease contract? Clue: Art. 1191, par. 2
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