Name: Alim, Johairah C.
Code: B172
PROBLEM NO. 1
S bound himself to deliver to B the following:
a. 21-inch 2006 model TV set
b. 14 cubic feet, white Westinghouse refrigerator, with Motor No. 007.
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S did none of these things. May the court compel S to deliver the TV set and
refrigerator? Why?
Suppose that the object of the obligation to give is lost or destroyed through a fortuitous
event, can the debtor or obligor still be held liable for damages?
ANSWER:
With the TV set, the answer is No, because it is generic thing, it is just identify the
class, didn’t point out with particularly. The right of B is to demand a TV set which
is either superior or inferior in quality as needed. Refrigerator, yes, because the thing
is determinate. It is particularly designated.
It depends whether the obligation is determinate or generic. If the
obligation is determinate, as a general rule, the debtor cannot be held liable for
damages if the reason is through a fortuitous event. But when it comes to generic thing,
such as loss the object, there are no changes of obligations or never disappear.
PROBLEM NO. 2
D obliges himself to construct a one-kilometer Sabo dam in Bacoor, Pampanga, to protect the
property of C against the lahar fury of the Mount Pinatubo eruption. It was stipulated that the
height of the dam from the basement shall be four meters, and crushed stone measuring two
inches in diameter shall be used.
What is the right of C if:
1. If D does not construct the dam on time.
2. If D constructed the dam but used 1/2 inch diameter of crushed stone.
If D constructed the dam according to specification combination but the height is only 3 meters.
ANSWER:
1. C has the right to decide whenever they want to construct it but as early as before the Mt.
Pinatubo erupts, because it is his/her property and but still remains the expense of the
debtor which is D. C, has also the right to get the recover damages when cannot
construct on time if C didn’t give enough time to the D.
2. C has the right to complain about the wrong measure of diameter or search by another
person that doing the exact measures at the expense of the debtor. And C has also the
right to demand damages against the debtor.
If D constructed the dam but did not follow the measuring plan agreement, C has the right to
complain about the mistakes of D. C has the right to get other person to do it at the expense of D
and has also the right to demand damages against D.
PROBLEM NO. 3
X and Y are owners of two adjoining land situated in Bocaue, Bulacan. The parties agreed that
X will give Php 10,000 to Y on the condition that Y will not construct any tenement. After one
year, Y constructed a semi-structure garage to house his three (3) for hire tricycles. What are
the right of X against Y?
ANSWER:
Y constructs a semi-structure garage in violation of the agreement; In that situation, X has rights
to bring an action to have the semi-structure garage removed at the expense of Y. In the said
Article 1168. When the obligation consist in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense.
PROBLEM NO. 4
Taxi driver D, driving recklessly, killed pedestrian X and his passenger P. What are the sources
of the obligation of D and that of his employer to P and X?
ANSWER:
The right heirs of killed passenger X and passenger P should proceed against Taxi driver D and
his employer under the penal code.
The liability of D is direct and primary because there is no existing contract, and the liability of
his employer is subsidiary.
The latter cannot relieve himself of liability by proving due diligence of a good father of
A family. On the other hand, the heirs of P may proceed against D’s employer only. The
source of the liability of D’s employer , in this case, is the breach of contract of carriage with P.
PROBLEM NO. 5
D borrowed Php 10,000 from C on December 1, 2019. He executed a promissory note
promising to pay the indebtedness on December 25, 2019. Upon arrival of the designated date
for payment, is demand necessary in order that D shall incur in delay?
ANSWER:
When the day after December 25, 2019 arrived and C did not issued a demand, then it is
consider that C gave an extension to D before that day. But if after Dec. 25, 2019 and C issued a
demand, then It will be titled as a legal delay or a default and now D can legally pay delay.
PROBLEM NO. 6
S sold to B a specific car for Php10,000. Both parties agreed that the delivery and payment
shall take place on June 30. If on June 30, B is paying S Php10,000 and the latter cannot
deliver, is S considered in default?
ANSWER:
The situation will be called default because they agreed both parties that on June 30 are the
delivery and the payment of the car. But if the situation is delay to deliver the car in exact
agreement, it is called ordinary delay.
PROBLEM NO. 7
P was injured while he was a passenger of a Love Bus operated by O and company. The
proximate cause of the accident was the failure of the steering knuckle to work causing the
driver to lose control of the wheel as a result of which the bus fell into a ditch.
1. Can the operator exempt himself due to fortuitous event?
2. Suppose the proximate cause of the accident was a tire blowout? Is that fortuitous in
nature?
ANSWER:
1. The weight of authority sustains the view that a passenger is entitled to recover damages
from the carrier for an injury resulting from a defect in equipment purchased from a
manufacture.
2. Our Supreme Court repeatedly stated in its decisions that;
a. defective brakes
b. blowout of tires
c. others of similar nature
Cannot be classified as fortuitous event within the meaningful of the law.
PROBLEM NO. 8
D borrowed from C Php10,000 at 12% interest per annum. On the date of maturity D paid C,
and the latter issued a receipt under the following tenor: Received from D Php10,000 in
payment of his obligation. (Sgd. C). Is the interest paid?
ANSWER:
D is not yet paid for the interest because it shouldn’t shown in receipt that he also paid the
interest because that is their agreement which is 12% interest per annum. The receipt should like
this “Received from D Php10,000 in payment of his obligation. Interest unpaid. “
PROBLEM NO. 9
S sold to B a specific car for Php20,000 payable in four equal installments:
January 1 – 5,000
February 1 – 5,000
March 1 – 5,000
April 1 – 5,000
B paid the first and second installments, but failed to pay the third. If he tenders payment on
April 1, what is the right of S?
ANSWER:
If B will pay in the April 1, S should remind that B is paying the month of March 1 or the 3rd
months because it is cannot skip the agreement paying instalment. He should pay first the 3rd
month of installation even if it is April 1.
PROBLEM NO. 10
D owns a specific parcel of land and at the same time owes C php 100,000 payable on
December 25. On the due date, D failed to pay. What are the successive rights of C?
ANSWER:
When the due date come and failed to pay the Php100,000 to C, C has the right to make an
action for the collection of the amount Php100,000 with the right to damages. But if D still fails
to pay on the due date , then C has rights to force the title of the land and to get the papers or
title of the D’s land to become a payment of D’s debt.
Reflection
QUESTION No. 1
What is the most important lesson do you learn from studying this topic? How does it affect
your daily life transactions?
ANSWER:
This lesson, I have learned how I can use properly the obligations in my life by following right
articles. By doing the problems, I can imagine it in my life if i am in the situation and i will i
use the rights article or obligations.
I admit that some of the scenario in the problems and in the articles is very hard to understand
but like what i say it very crucial in our life to understand well about this topic, i tried my best
to understand it and my answers tells it.