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II.

Discussion
2.) Why are obligations under the Civil code a juridicial necessity? Explain
3.) What are the elements or requisites in order that person may acquire a right of action in court against
another to enforce the performance of the latter’s obligation?
4.) May a person incur obligations even without entering into any contract or voluntary agreement?
Explain

III. Problems
1.) X saw at about (1:00 p.m) in the afternoon a child alone in a shopping mall. The child who strayed from
Y, his mother, was in tears and appeared very hungry. Out of pity, X took him to a restaurant to eat for
which he spent P150. Y did not give her consent to the good deed of X. Furthermore, they were on their
way home before the child got lost. Is X entitled to be reimbursed by Y for the amount of P150?

2.) While the car of X was parked by the road side, it was bumped at the rear by a jeep belonging to Y.
Only the car of X suffered damage. Under the circumstances, does it follow that Y is liable to X for the
damage?

3.) In the same problem, has X right to ask indemnity from R, employer of X, on the ground that when the
accident occurred X was then on hi way to transact business with a client of R?

4.) D (Debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D could not pay C because
he lost to a robber the P10,000 intended for C. In addition, he suffered financial reverses, and he was
short of cash even for his current family’s needs. Is D legally justified to refuse to pay C?

Chapter 2:

I. Definitions::
1.) Generic or indeterminate thing;
2.) personal right;
3.) legal delay or default
4.) fortuitous event;
5.) diligence of a good father of a family.

II. Discussions
1.) Give the rules as to the liability of a person for loss or damage resulting from a fortuitous event.
2.) What rights are given by law to the creditor in case the debtor fails to comply with his obligation to
deliver a specific thing?
3.) What are included to be delivered in an obligation to give a definite thing? Explain them.
4.) Suppose the obligation of the debtor is to do something and he fails to do it or performs it in an
contravention of the agreement, what are the remedies available to the creditor?
5.) Can a debtor be put in delay and consequently. Incur liability even without demand from creditor?
Explain
6.) May an action arising from fraud be waived? Explain.
7.) May an action arising from negligence be waived? Explain

III. Problems
1.) S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20. However, on July
15, S sold again and delivered the horse to T. Who has a better right to Silver?
2.) S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did not deliver the
refrigerator on said date. Is S guilty of legal delay?
3.) S promised to deliver to B a female horse named Susie on July 10. Suzie gave birth to a colt on July 5.
a.) What are the obligation of S?
b.) Who has a right to the colt?
c.) Who is the lawful owner of Suzie in case it was sold and delivered by S to T on July 8?
4.) D (debtor) borrowed P20,000 from C (creditor) payable after one (1) year? Is D liable to pay interest?
5.) R (lessor) issued a receipt that E (lessee) has paid the rent for the months of March, 2008. Can R still
collect from E the rents for January and February, 2008?

Chapter 3

Section 1
I. Definitions
1.) Condition
2.) Civil Loss
3.) Reciprocal obligations
4.) Pure obligation
5.) Potestative condition

II. Discussions
1.) Illustrate an obligation subject to:
a.) Suspensive condition
b.) Resolutory Condition

What is the effect of the fullfillment of the condition in a conditional obligation?

2.)Give two (2) cases when the conditional obligation is valid although the condition depends entirely
upon the will of the debtor. Explain
3.) May an obligor be liable under an obligation subject to a suspensive condition although the condition
has not yet fullfilled? Explain
4.) In an obligation to give a parcel of land subject to suspensive condition, who is entitled to the fruits
that accused during the pendency of the condition once said condition is fulfilled?
5.) State the rules in case the thing to be delivered
(a) is lost with the debtor’s fault; without his fault;
(b) Deteriorates with the debtor’s fault; without his fault

III. Problems
1.) D (debtor) borrowed P20,000 from C (creditor) payable on or before August 30. Before the arrival of
the due date, C agreed to the promise of B to pay C if B wants. Can C insist that B pay not later than
August 30?
2.) Suppose in the same problem, D obliges himself to pay C P10,000 after C has paid his obligation to T.
Is the obligation valid?
3.) S (seller) agreed to sell to B (buyer) a specific car for P200,000 deliver of the car and the payment of
the price to be made on June 15. Suppose S delivered the car on June 15 but B failed to pay the price,
what are the remedies of S?
4.) S sold a parcel of land to B for P240,000 payable in instalments of P20,000 a year. The land was
delivered to B who obtained ownership thereof. After B had paid P200,000 he could no longer continuing
paying in view of financial reverses but he was willing to pay the balance of P40,000 if given more time.
Thereupon, S sued for rescission under Article 1191. If you were the judge, would you grant rescission?
5.) D (debtor) binds himself to pay C (creditor) a sum of money. Give three cases when the obligation of
D is demandable at once by C.

Section 2
I. Definitions
1. Obilgation with a period
2. Period
3. Indefinite period
II. Discussions
1. Has the debtor the right to recover what he has paid to the creditor before the arrival of
the period agreed upon? Explain
2. If an obligation does not state a period for its performance, has a party right to ask a court
to fix a period or the duration thereof? Explain
3. Give the cases when the oblige can demand the performance of an obligation even
before the arrival of the period agreed upon
III. Problems
1. Debtor borrowed P10,000 from Creditor at 15% interest per annum payable on
December 31. Can D require C to accept payment before December 31?
2. D binds himself to give P10,000 to C upon the death of the father of D. Is the obligation
of D conditional or one with a period.
3. D obtained a loan from C in the amount of P50,000 payable on August 10. As security for
his debt, D mortgaged his car in favor of C. The car, however, was substantially damaged
without the fault of D. What rights, if any, does C have under the law? May C demand
payment from D even before August 10?
Section 3
I. Definition
1. Alternative obligation
2. Facultative obligation
3. Conjunctive obligation
II. Discussions
1. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.
2. Give the situation when the debtor is given the option either to exercise his right of
choice or to rescind the contract with damages
3. State the legal effects in case:
(a) Some of the objects of the obligation are lost through the fault of the
debtor who has the right of choice;
(b) All are lost through his fault

III. Problems
1. Debtor borrowed P10,000 from Creditor. It was agreed that D could pay P10,000 or
deliver his piano on August 22. On August 20, D informed C that the former would deliver
his piano. Can D still change his period considering that he was given the right of choice?
2. Under a contract, X (obligor) promised to deliver to Y(oblige) item one, or item two, or
item three. Y was given the right of choice. What is the liability of X in case, through his
fault:
i. (a) Item two is lost or destroyed;
ii. (b) All the item are lost or destroyed?
3. Seller sold his TV set to Buyer who gave S the option to deliver instead of his refrigerator.
Is S liable to B in case the TV is lost through S’s fault?
Section 4
I. Definitions
1. Joint obligation
2. Solidary obligation
3. Active solidary
4. Joint indivisible obligation
5. Solidary divisible obligation
II. Discussions
1. If there are two (2) or more debtors in one and the same obligation, is their liability joint
or solidary? Explain
2. In case of active solidarity, to whom shall the debtor or debtors make payment?
3. Give the effect of the condonation or remission of a debt by one of several creditors
where
i. (a) the obligation is joint;
ii. (b) the obligation is solidary
4. In case a remission is made by a creditor of the share of one of the solidary debtors, is the
said debtor released from responsibility to his co-debtor/s? Explain
5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to
reimbursement from his co-debtor/s? Explain
III. Problems
1. X,Y, and Z bind themselves to pay W P30,000. Only X received the money as per
agreement between X,Y,Z. On the due date of the obligation, has W the right to demand
the full payment of P30,000 from Z alone?
2. X, Y,and Z promised to pay W solidarily P30,000 on or before September 10 without the
need of demand. On September 9, X paid the whole P30,000 to W.
i. (a) How much an X collect from Y and Z?
ii. (b) May X collect interest from Y and Z?
iii. (c) Suppose Z turns out to be insolvent, how much can X collect from Y?
3. A owes B and C, solidary creditors, the sum of P20,000:
i. (a) Can C condone the debt without the consent of B?
ii. (b) Can C assign hig rights without the consent of B?
4. A, B, and C are solidarily liable to D. For their failure to pay, D filed a complaint in court
but only against C. Has C the right to demand that A and B be also included as party
defendants?
5. A, B, and, C, co-owners, sold a printing equipment to D. They solidarily bound
themselves to deliver the equipment on a certain date. Through the fault of C, the
equipment was completely destroyed. Give the rights and obligations of the parties
Section 5
I. Definitions
1. Divisible obligation
2. Indivisible obligation
3. Legal indivisibility
II. Discussions
1. Explain: The divisibility of an obligation is different from the divisibility of the thing which
is the object thereof.
2. What obligations are deemed indivisible?
3. What obligations are deemed divisible
III. Problems
1. A and B bind themselves to pay C their loan of P10,000 on a certain date. Is the obligation
divisible or indivisible?
2. A, B, and C oblige themselves jointly to deliver to D a particulars horse on a certain date.
The agreement among A, B, and C which was made known to D is that they will
contribute the amount in buying the horse. The horse was not delivered on the due date
because of the failure of B to give his share of the purchase price. State the rights and
obligations of the parties.
3. D finds himself to pay his loans of P10,000 in four equal monthly installments. S the
obligation of D divisible or indivisible?
Section 6
I. Definitions
1. Obligation with a penal clause;
2. Penal Clause;
3. Joint penal clause
II. Discussions
1. What are the purposes of incorporating a penal clause to an obligation?
2. In an obligation with a penal clause, may the creditor still recover damages and interests
in addition to the stipulated penalty?
3. In what cases may the debtor validly object to the enforcement of the stipulated penalty?
III. Problems
1. X promises to deliver to Y a specific horse. Their contract contains a penal clause that in
case of non-fulfillment, X shall pay a penalty of P10,000. X wants to just pay the penalty
instead of delivering the horse. Has Y the right to refuse to accept the penalty in lieu of
the horse?
2. In the same problem, X was able to show that Y did not suffer any damage by X’s violation
of his obligation. Can Y still enforce the penalty?
3. In the same problem, suppose X was guilty of negligence in the fulfillment of his
obligation. Is X liable for damages in addition to the penalty?