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OBLICON Q#1

OBLICON
1)What is the principle or the doctrine of
fortuitous event?
Article 1174 of the New Civil Code of the
Philippines, explains the doctrine of fortuitous
event, which states, that;
"Except in cases expressly specified by the law,
or when it is otherwise declared by stipulation, or
when the nature of the obligation requires the
assumption of risk, no person shall be
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable."
2) Define fault or negligence.
Fault or Negligence of the obligor consists in the
omission of that diligence which is required by
the nature of the obligation and corresponds with
the circumstances of the persons, of the time
and of the place.
3) What are the essential requisites of an
obligation?
The essential requisites of an obligation are the
following;
A) Passive subject called the debtor or obligor,
The person who is bound to the fulfillment of the
obligation.
B) Active subject called the creditor or obligee,
The person who is entitled to demand the
fulfillment of the obligation.
C) Object or Prestation or the subject matter of
the obligation,
The conduct required to be observed by the
debtor, in giving, doing or not doing.
D) Juridical or Legal tie or the efficient cause,
That which binds the parties to the obligation.
4) What are the kinds of delay or mora?
The kinds of delay or mora are the following;
A) Mora Solvendi
The delay on the part of the debtor to fulfill his
obligation.

B) Mora Accepiendi
The delay on the part of the creditor to accept
the performance of the obligation.
C) Compensatio Morae
The delay of the obligors in reciprocal
obligations.
5) Distinguish culpa contractual from culpa
aquiliana.
Culpa Contractual or Contractual negligence is a
result of a breach of contract that makes the
debtor liable for damages in view of his
negligence in the fulfillment of a pre-existing
obligation resulting in its breach or nonfulfillment.
Whereas, Culpa Aquiliana or Civil negligence, a
negligence which by itself is the source of an
obligation between the parties not formally
bound before by any pre-existing contract arising
from Tort or Quasi-delict.
6) JT constructed a windmill system for VH for
P60,000 with one-year guaranty. VH made a
downpayment of P30,000 and an installment
payment of P15,000, leaving a balance of
P15,000. Upon demand of payment, VH refused
to pay the balance because the windmill system
collapsed after a strong wind hit the place.
Is JT exempt from liability due to fortuitous
event?
No. In order for a party to claim exemption from
liability due to fortuitous event, one requisite is
that the event must be either u foreseeable or
unavoidable. A strong wind in this case cannot be
fortuitous, unforeseeable, or unavoidable. On the
contrary, a strong wind should be present in
places where windmills are constructed,
otherwise the windmills will not work. Given the
newly-constructed windmill system, the same
would not have collapsed had there been no
inherent defect in it which could only be
attributable to JT. When the windmill failed to
function properly, it became incumbent upon JT
to repair it in accordance with his guaranty and
bear the expenses therefor.
7) Three persons execute a promissory note
promising to pay their indebtedness to their
common creditor within a stipulated period
without declaring that they are liable solidarily.

OBLICON Q#1
Can one of them be compelled to pay the entire
obligation?
No. According to Article 1207 of the NCC, the
obligation is presumed to be joint. In this type of
collective obligation, a debtor can be compelled
to pay only his proportionate share of the
obligation.
8) Bravo's wife was suffering from a disease and
is almost dying. The wife requested that upon
her death, she would be laid on her niche before
December 25 or just before Christmas Eve so she
won't burden her family with the wake. After her
death and upon her request, Bravo immediately
bought materials from Dennis Hardware for the
construction of the niche. Dennis Hardware,
however, failed to deliver the said materials
needed on time despite of repeated demands
from Bravo. The niche was then completed late
in the afternoon of December 27, thereafter,
Bravo's wife was finally laid to rest.
A) Was there a delay in the performance of the
Hardware's obligation?
Yes. Dennis Hardware was negligent in the
performance of their obligation of delivering the
said ordered and paid materials by Bravo, hence,
incurred a delay in the performance of their
contractual obligation.
B) Can Bravo be entitled for damages incurred
by Dennis Hardware?
Bravo is entitled to be indemnified for the
damages he suffered as a consequence of the
delay or contractual obligation, for Bravo had
already done his part, in which he already paid
the materials needed. It was suppose to be the
obligation of the hardware to deliver the
materials on the demanded time, since time is of
the essence.
9) Aubrey and Miles were in flight to Zamboanga
from Macau after watching Manny P's fight, in
flight with Zulu AirLift, they were deprived of
their original seats in business class because of
the overbooking of passengers. As privilege
passengers, they were given first class seats
instead, they did not like the offer at first but
eventually agreed and transferred to the first
class seats. Upon thief return to Zamboanga,
because of "humiliation and embarrassment"
they demanded that they be indemnified in the
amount of P1 million, hence, an action for

damages filed.
A) Was there a breach of contract between the
parties?
Yes. There was a breach of contract of carriage
committed by the Zulu AirLift for they are not
suppose to embarrass their passengers by asking
them that their reserved seats had been
occupied by another passenger. Nevertheless,
since their seats were upgraded to first class,
bad faith is not an issue in the case at the bar.
B. Are they entitled for the award of damages
incurred by the personnel of Zulu AirLift?
Yes. Aubrey and Miles are entitled to be awarded
for damages for the humiliation and
embarrassment caused by the Zulu AirLift to
them but only for a nominal award of damages
instead of P1 million.

10) What are the grounds for liability in the


performance of an obligation?
The grounds for liability in the performance of an
obligation are the following;
A) Fraud (deceit or DOLO)
B) Negligence (fault or Culpa)
C) Delay (mora)
D) Contravention of the terms of the obligation
11) What is the effect of mutual breach?
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
extiguished and each shall bear his own damage.
(Art 1192)
12. Distinguish between period and condition.
As to their fulfillment, a condition is an uncertain
event, while a period is an event which must
certainly come, at a date known beforehand or a
time which cannot be determined. As to their
reference to time, a period always refers to the
present while a condition may under the law
refer to the past. Lastly as to their influence to
the obligation, a condition causes an obligation
to arise or cease, while a period merely fixes the
time or the efficaciousness of the obligation.

OBLICON Q#1
13) How much damage may be recovered in
case a lease contract is broken by non-payment
of rent when the period has not yet expired?
It depends upon what remedy has been resorted
by the lessor. If he selects specific performance,
he can demand the accrued rent and the future
rent of the unexpired term plus damages. If the
lessor demands rescission, he gets only the back
rents and ouster of the lessee plus damages.
14) When is an obligation demandable at once?
An obligation is demandable at once when it is a
pure obligation or one without a condition or
term and when it has a resolutory condition,
without prejudice to the happening of the event.
15) When may the courts fix the period?
The courts may fix a period when the duration
depends upon the will of the debtor and when
although the obligation does not fix a period it
can be inferred that a period was intended.
16) Who has the right of choice with respect to
an obligation?
As a general rule, the right belongs to the debtor
but by way of exception it may belong to the
creditor when that right has been expressly
granted to him.
17) What is Facultative Obligation?
It is one where only one prestation has been
agreed upon but an obligor may render another
in substitution.
18) What are the instances where the law
imposes solidary liability?
The law imposes solidary liability to obligations
arising from torts, quasi-contracts, legal
provisions regarding the obligation of devisees or
legatees, liability of principals, accomplices and
accessories of a felony and bailees in
commodatum.
19) When will the debtor lose the right to make
use of the benefit of the period?
The debtor loses his right to make us of the
period when after the obligation has been
contracted, he becomes insolvent, when he does
not furnish to the creditor the guaranties or
securities he had promised, when he has
impaired said guaranties or securities after their

establishment and they disappear through a


fortuitous event, when the debtor violates any
undertaking in consideration to which the
creditor agreed to a period and when the debtor
attempts to abscond.
20) When may penalty be reduced by the courts?
1. Partial performance of the obligation;
2. Irregular performance of the obligation; or
3. Penalty is Unconscionable even if there has
been no performance.
21) Tanya donated to Masagana Organization a
parcel of land subject to the condition that it was
to be used for the erection of a central school
and a public park, the work to commence within
the period of six (6) months from the date of the
ratification by the parties of the deed of
donation. The donation was accepted by
Masagana Organization and title to the property
was transferred to it. However, Masagana failed
to comply with the condition. May Tanya revoke
the said donation?
Yes. The condition is a resolutory one, therefore,
the non-compliance of which is a sufficient cause
for revocation.
22) Sarah, owner and Baron, purchaser, agreed
upon the sale of a vessel provided that the title
papers to the same were in proper form. The title
was in the name of another and Sarah promised
to perfect his title to the vessel. Before
compliance by Sarah with the condition exacted
by Baron, and while the vessel was in Sarahs
possession, it sank due to a severe storm. Is
Baron under obligation to pay the price of the
vessel?
No. The sale of the vessel was not perfected,
because the non-compliance by Sarah of the
condition precedent to its perfection, to wit: the
production of the proper papers showing that she
was, in fact, the owner of the vessel in question.
23) Jinky leased to Concita a one-door apartment
unit. In the contract of lease it stipulates therein
that: The term of this contract shall be
terminated by the lessor on the ground that his
children need the premises for their own use or
residence upon any ground provided in
accordance with law. After 2 years of occupation,
Jinky sent a Notice to Terminate Lease Contract
to Concita for the reason that his two children
were getting married and they be the ones to
use the property. May Jinky unilaterally terminate

OBLICON Q#1
the contract of lease under the terms and
conditions stated therein?
Yes. The happening of the condition depends on
the lessors/ respondents children which are
considered third person. Such, whenever they
will require the leased premises, the contract
shall be deemed terminated. Therefore, the
validity and compliance were not left on the will
of Jinky.
24) JAL cancelled all its flight to Manila due to the
Mt. Pinatubo eruption and NAIAs indefinite
closure. The passengers were then forced to pay
for their accommodations and meal expenses
from their personal funds. Thus, they filed an
action for damages against JAL. Can JAL avoid
liability by invoking that delays were caused by
force majeure?
Yes. The Mt. Pinatubo eruption prevented JAL
from proceeding to Manila on schedule. Such
event can be considered as "force majeure" since
the delayed arrival in Manila was not imputable
to JAL. When JAL was prevented from resuming
its flight to Manila due to the effects of Mt.
Pinatubo eruption, whatever losses or damages
in the form of hotel and meal expenses the
stranded passengers incurred, cannot be charged
to JAL. Indeed, in the absence of bad faith or
negligence, JAL cannot be liable for the amenities
of its stranded passengers by reason of a
fortuitous event.
25) Is the statement of a debtor that he will pay
when his means permit him to do so relate to a
period or a condition? Is such a statement valid
considering that the same is left to the will of the
debtor?
When the debtor binds himself to pay when his
means permit him to do so, the obligation is
deemed with a period or term. This is valid
because it is not the payment itself that is
dependent upon the will of the debtor, but the
moment of payment.