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FROM THIRD YEAR:

1. Sources of obligation
follow-up: several actions available to the plaintiff
(crime, quasi-delict and breach of contract of carriage),
what is the best action to take, what are the defenses
available to the employer in each action
2. Obligation with a period
follow-up: potestative conditions
3. Reformation of contracts
4. Assignment of credit vs. voluntary subrogation
(estimated around 30-45 minutes)
1) stipulation pour atrui
FOLLOW UP: can 3rd party in pour atrui assail entire
contract; pour atrui is the exception to what; other kinds
falling in the classification of pour atrui
2) tender of payment & consignation
3) consent in contracts (entire thing)
4) application of payment
afterwards, dahil bored/inaantok siya, sir gave me A BAR
QUESTION. so kung may iba sa inyo na ganyan & you really
want to be sure, start looking na sa adapt (i think meron?).
my bar question is an ENTIRE SITUATION, with issues falling
into 2 types: WON LEGAL COMPENSATION OR NOVATION, AND
VALIDITY OF FORECLOSURE. ayan, buti nalang nagtrabaho nako
dati kaya may alam alam ako sa foreclosure kahit onti
haha.
BUT ESSENTIALLY, IF YOU ENCOUNTER SOMETHING U DO NOT KNOW,
always CONNECT IT TO WHAT YOU KNOW NA LANG =)
These are the questions that I answered:
1. Kinds of Prestations and their nature
2. Modes of breaching an obligation

3. Inapplicability of Fortuitous Events


4. In pari delicto
1. Obligations with a penal clause
2. Who may pay
Follow up: What if the 3rd person (payor) does not
intend
to be reimbursed but the debtor wants to reimburse
him, what
are its effects and how would the state of suspense be
resolved?
3. Natural Obligations
4. Consent
Medyo in passing na lang yung discussion ko sa ibang
points
kasi ang haba ng topic.
Kanina, marami kaming nag-orals, mga 8 ata. 2 sa umaga, 6 sa hapon. Nung hapon,
medyo nde na siya nag-aantics niya kunwari natutulog etc. baka kasi dahil marami pang
susunod.
Questions na nabunot ko:
1. Divisible and Indivisible Obligations
Follow up: Pwede ba yung indivisible thing, but
divisible obligation (and vice versa)?
Think of examples as well.
2. Rights of a Solidary Creditor
3. Object as an Essential Requisite of the Contract
4. Loss of the Thing Due
Just be sure you know what you're talking about.
Bawal mag-imbento kasi mahilig siyang manghuli at tricky mga question niya. baka raw
sa later part, may kasama ng cases.
para sa mga di pa nakakapagorals, agahan niu ha kasi kasabay niu section b. mejo
madami sila tapos si sir, as usual, late tsaka ang daming ginagawa kaya maghihintay
talaga kayo ng matagal. kaya agahan niu. :-) tsaka pala yung tinanong sakin na di ko
nasagot ay yung specific provision sa civil code regarding sa defense ng solidary
debtor, apat daw yun, hanapin niu! :-) good luck. balita ko pala sa mga mejo huling
magoorals, isasama ni sir yung cases kaya
aralin niu na rin yung mga impt cases para sure. good luck satin. :-)
nabunot ko lang naman kasi mejo madali, undue influence and vitiation of consent,
absolute simulation of contracts, tsaka nga yung defenses. heheh.

outside ng rum ni sir labitag sa law center maghihintay. . it's ok naman if you go in the
morning.. when i went there at 11, the ones from section B were all there na..
here are the questions he asked me:
1. kinds of prestations and their nature
2. stipulation pour autrui
3. rights of a solidary creditor
4. obligations with a penal clause
mjo maraming follow-up questions si sir.. here's the ones that i could remember:
1. in the obligation to deliver the fruits, isn't it true that in the end, the debtor gets the
fruits instead of the creditors?
2. is there a stipulation pour autrui in a letter of credit?
3. what's the general rule in obligations with a penal clause, as to creditor? as to
debtor? exceptions?
yan na lang so far yung naaalala ko... :)
1. unenforceable contracts
2. laws on interest
3. defense of a solidary debtor
4. undue influence that vitiates consent
pinapasulat nya ang thoughts natin before
answering..yung 4th topic answer agad.
di ko maremember lahat ng follow-up questions.
here's
what i remember:
1. can an interest be charged over an interest?
2. meaning ng forbearance
3. specifics ng contracts covered by the statute of frauds:
like sale of goods, chattels and things in action
(hindi ko nasabi ang things in action kc hindi ko naman
memorized yan..hellerr. .).. ano daw ang things in action.
ano ang mga sinusulat sa sales book kung yung sa auction.
(grabeh noh!?hindi ko nasabi lahat pero ok lang naman sa
kanya)
4. he asked for examples ng defenses of a
solidary debtor
5. requisites ng undue influence..circumst ances
to be considered..

yan lang maalala ko..good luck guys.


essential requisites of contract
form of contracts
undue influence
objective novation
when demand is not needed for default
follow up: is a credit a thing in action?
in which among the kinds of novation is there a modificatory novation
does the donation of an immovable property need to be in writing in order to be valid
is an agreement involving the sale of personal property part of the those covered by
statute of frauds
what is extinguished in novation, contract or obligation
can a future thing be the subject of a remunatory contract
tip: sleep before the test! he catches you when you make a wrong statement and asks
follow up questions from there
asks for requisites and examples
Here are the topics i discussed as well as Sir's SO MANY follow-up questions during my
orals (the items in bullets are the follow-up questions):
1. Pure and Conditional Obligations

Positive and Negative - can be Suspensive or Resolutory?

What is an inchoate right? What does it imply?

If a debtor does not take care of the thing, can the creditor file an action in
court? (NOTE: the suspensive condition has not yet been fulfilled.)

What are/is the purpose of the retroactivity of conditional obligations?


2. Accion Subrogatoria (AS) and Accion Pauliania (AP)

What are the differences between AS and AP?

AS and AP: The action is... AS - primary and/or subsidiary? AP- primary
and/or subsidiary?

Can a creditor filing AS also claim under AP? (can a creditor who files an AS
in court also claim AP by the same action?)
3. Who may pay?

Are the co-debtors in a joint and solidary obligations considered as third


persons in interest?

When a 3rd person without interest pays the obligation and doesn't want to
be reimbursed, can the debtor file an action to in order to reimburse him. Follow-up
questions to this follow-up question: (... i said he can claim damages, then he asked me
based on what legal provision, i said in rpc blah blah, then he asked me, how about in
the civil code? he asked some other follow-up questions about this din, before

eventually letting me move on.)

Where in the Civil Code (limited to OBLICON part) can the provision with
respect to Minors 18-21 be found?
4. Defective Contracts

What is the period of prescription for uneforceable contracts? How about void
and inexistent?

with respect to the four contracts, can they all be assailed throught direct
action? How about subsidiarily?

In general, how may unenforceable contracts are there?

In general, how may void and inexistent contracts are there?

Who can assail void and inexistent contracts? Can void and inexistent be
assailed by the government?

In rescissible contracts (1st one - contract into by a guardian), can it also be


assailed by a guardian?
Ayan, I can't remember all the follow-up questions e. Anyways, I HIGHLY SUGGEST
going first or taking the orals in the morning (i took mine in the afternoon, past 4pm na).
He's more patient ata in the morning. Nung ako kasi, he asked a lot and sa defective
contracts, after the rescissible, he asked the questions na. Also, write everything or
keywords so you won't get lost once he starts asking na. Take note of where u stopped
and continue with what u were saying para LAHAT nasabi mo. Kasi minsan panggulo
din si sir. E diba may presumption siya na if you didn't say it, you didn't know.
my questions:
1. distinguish alternative and facultative obligations
2. when, where and how should payment be made
3. rescissible contracts
4. legal subrogation
hindi ganun karami yung follow-up questions nya. sometimes, he'd just ask me for an
example like what's a third party in interest, or what's the difference between a surety
and a guarantor. ayun, medyo sabaw ako pero he passed me naman.
My questions:
1) Joint and Solidary Obli (haha)
2) Assignment of Credit v. Voluntary Subrogation
3) Mistake (Vice of Consent)
4) Obli with a period
causa of contracts, condonation of obligations, when demand is unnecessary for
default, and compensation.

Ayan here are some of the questions/ Topics that was asked to me during my oral
exam:
1. defective contracts
2. joint indivisible obligations
3. payments
4. defective contracts
tas guys sir will do an acting job na inaantok xia at parang nde nakikinig pag nagrerecite
kau sa kanya.. sa case ko i think na pag tama ung sinasabi ko eh parang nde xia
interested tas pag may sablay na parang medyo alanganin eh dun xia mdyo magigising.
tas keep on talking lang. remember na lang ung rule nya na "unless u say it eh the
presumption is that you do not know" so daldal lang kau basta tingin nyo mdyo related
sa topic nyo. dont be afraid na humaba ung usapan. basta pasado tayo un ang impt. tas
ung sa bunutan ng topics eh u can actually see the topic kasi nde naman xia nka fold
masyado so there... u just need a little bit of dexterity para mabunot mo ung topic na
gusto mo pag nakita mo xia. tas ang order ng mga tao dun is that mauna matapang...
pag nauna ka eh u set the bar for the rest... so mdyo advantage kaya wag matakot
mauna... at chaka para na din sakale palpak ung nauna eh d kau ma prejudice kasi na
foul-mood si sir labits... lastly be prepared kasi sir will sometimes jump topics and also
asked you different situations and examples. so there!
Here are the topics I discussed:
(1) Exceptions to the applicability of Fortuitous Event
(2) Causa of Contracts
(3) Natural Obligations
(4) Kinds of Conditional Obligations
(5) In pari delicto Rule

FROM SECOND YEAR


1. Interpretation
2. Reformation
3. Novation - kind & effect
4. Stages in life of contract
1. Defective contracts
2. Uneforceable contracts
3. Causa of contracts
4. Novaion - diff. bet. voluntary subrogation of & assignment of credit
1. Penal clause (what are the rule on it? what does ad terrorem mean? is it the only
purpose of the penal clause? does it have to be proved?)
2. Alternative (kahit na alternative lang nakalagay, he also made me discuss facultative
then comapare, nghalo-halo ng mga scenarios about what if choice of creditor/debtor
and then all but one were lost through fault of debtor and then the last one lost through
Fortuitous event. nagimbento ata ako at this point)
3. Formalities required in sales of real property (what kind of document do they
execute?)
4. subrogation of creditors (what are the different kinds?)
5. Where can there be no compensation
1. Laws of interest (Follow-up: What is a forbearance? Why is the interest awarded
upon judgement called forbearance of credit? Why is it at 12% and not 6%? What do
you think the reason is?)
2. Void & inexistent (Follow-up: Why does the action not prescribe? Do unenforcable
obligations have a prescription period, and why?)
3. Pari delicto
4. Mutuality & Consensuality (Follow-up: What is required for consent? What vitiates
consent? What kind of vices of consent would be present if consent was not free?
spontaneous? intentional? real?)
1. What happens when there is a crossing of acceptance and withdrawal of offer
2. Stipulation pour atrui
3. Vitiation of consent
4. Rescissible contracts
5. When can there be no compensation
1. Theory on acceptance
2. Exceptions to In pari
3. Facultative obligations
1. Natural obligations
2. Voidable contracts
3. Where does Fraud occur?

4. Payment: Where, when, how


5. Which contracts may not be reformed?
1. Mutuality of contracts-remember the exceptions to the principle, distinguish accion
subrogatoria and accion pauliana and the requisites of each
2. Conventional subrogation v assignment of credit - be able to distinguish expromision
and delegacion and the requirements of each.
3. substitution of debtors-remember the requisites
4. something. I dont remember X_x
My comments: Make notes. So you're not one disorganized mess like me.
//endthere
1. Formality of contracts
*So I wasnt able to bunot other topics nor answer because he asked me if I can answer
without writing down notes, and unlike the great Raffy, I said no ) It was 9pm & he was
sleepy grumpy na so he asked me to come back tom am. So ATTN: Poy, baka hindi ka
na rin abutin tom!
NOTES1. He gives you time (10-15mins) to organize and write down notes (except for Raffy
bec it was late na & he said kaya nya)
2. He asks you to bunot 4(+1) topics
3. Average time: 45mins to 1hr 15mins
(~40mins)
Sources of Obligations
Dacion en pago vs. payment by cession
Impossibility vs. extreme difficulty
Object of Contracts
5th extra na hindi sinulat ni Mira.
~45mins
Sorry bangag ako I'm extra hyper and wordy so here ya go.
So I picked these questions...
1. Fraud and Negligence 1171
2. Default and Contravention of Tenor
...3. Accion Subrogatoria
Nothing under contract so he made me pick one again.
4. Estoppel

thensobra sabog ko estoppel sooooooo pick one more!


5. simulated contracts! ksadfldf! wala ako masabi. wow. haha
Follow-ups,
1. under negligence, what requires extraordinary standard of care? I BSed and
somehow nakarating ako sa carriers, parties may limit liability to less than extraordinary
care. What is that kind of care daw? sabi ko huh? sabi nya is it in between extraordinary
and diligence of a good father. I said uhmmmm yes?!?
3. Accion Subrogatoria - can a specific thing be subject to accion subrogatoria? Why is
he asking about specific thing daw? What is the remedy for the party who refuses to
deliver specific thing? uhmmmm compel delivery. He said ayaw nya talaga ideliver even
if hel in contempt. Uhmm damages... damages lang? what about recission. Yes sir
recission plus damages. haha
4. under estoppel, I went on and on with BS then, nagphone siya. tapos nagka vague
recollection ako ng requisites habang nasa phone sya.tsk! sobrang vague pala ng mga
naalala ko ang sabog ng estoppel ko nairita ata sya. haha s nung nasa estoppel by
benefits ako sabi nya... by benefits? yes sir. estoppel by receipt of benefits (or
something. brain is mush!)!!! tapos di siya nakontento so pinagbigay nya ko example
estoppel by benefits i tried to stutter an answer. medyo sabog so nagtanong sya what if
you allowed the other party to sell but he mortgaged it and you received proceeds from
mortgage? what is it? uhmmmm unenforceable (1) kako. sabi nya why? what is greater
ba authority to sell or mortgage. sell sabi ko. so what is it? uhhmmmm valid? haha are
you sure? uhm unenforceable... is it? yes sir! sabi ko! why daw (sabi ko aba ewan!)
pero sabi ko kasi di yun yung authority nya so he exceeded his powers. are you sure
can it be ratification not estoppel? uhmm yes sir ratification. hahaha. define: gullible.
sabi nya what is ratification ba under unenforceable. nanghula ako. tapos pinasok ko
yung isa sa mga sinabi ko! hahaha.
5. simulated. what are the effects? if absolute? I said non-existent. Why? BS. What do
you call the second kind. di ko kasi maalala. sabi ko errrr I don't remember (haha dami
koganito moments!) uhmmmmmm partial. sabi nya RELAAAAATIVE!!! yes medyo
annoyed sya haha!
o sige pasado na! (pero naprapraning ako feel ko naimagine ko lang tong part na to.
hjahaha!) tapos nag thank you ako 5 times para wla nang bawian kasi barred na sya by
estoppel at I relied na on his conduct. BOW!
(~40mins)
Interpretation of Contracts
Relativity
Obligations with a Period
Modes of Extinguishing Obligations
(~30mins)

Obligatory Force of Contracts


Obligations with a penal clause
In pari delicto rule (he asked me the literal meaning of the latin phrase, and another in
pari phrase i didn't know. starts with letter M)
- general rule, exception
Kinds of conditional obligations
Yung nasa taas lang talaga yung tanong niya, follow ups yung susunod.
Difference bet. 'due' and 'demandable'. lahat ba ng due, demandable? and vice versa.
Where can there be NO compensation, and he asked me the requisites of
compensation, which led to the due and demandable question. he asked if suspensive
conditions are due or demandable.
Breaches of obligations and subsidiary remedies, diniscuss ko na lang din as follow up
to the obligatory force of contracts but he didn't ask naman.
(~30mins)
Penal clause effects
Facultative obligations
Classification of Compensation
Where can there be NO compensation
Loss/impossibility in alternative obligations
dacion en pago vs. payment by cession
(~30mins)
Alternative obligations
Facultative obligations
PAYMENT
(~30mins)
Condonation
Kinds of Compensation
-requisites of legal compensation?
Modes of Breach
-when is there compensatio morae
Defective contracts in general
-example of fifth type of rescissible contract
(~40mins)
Confusion
Stages of Life of Contract
Void or Inexistent Contracts
Accion Pauliana
Forms of Contracts
Follow ups: First two about confusion and stages madali lang at straightforward.
Nagtanong lang si Sir ng example ng Confusion.

Sa Void or Inexistent contracts, nature of the contract, prescription, can it be cured, how
can it be assailed. Tapos pinarecite sakin yung Art. 1409. Tapos in pari delicto rule 1411.
Tapos yung Art.1412 kung hindi criminal offense. Tapos general expression nung
exception which is Art. 1416 tapos nagpa-enumerate nung other exceptions (hours,
minimum wage, prices, etc.)
Sa accion pauliana, ayun parang yung nasa diagrams ni Sir. Tatanungin niya kung
saang parts/provisions siya makikita. Who files? Purpose? Nature (as subsidiary
remedy)? Tapos pumunta kami sa recissible contracts tapos requisites. So bali Art. 1177
muna tapos tumalon sa Art. 1381 sa recissible contracts. Tinanong niya ko ng exact
article numbers! Pinadifferentiate rin from accion subrogatoria tapos nagtanong kung
pano ire-relate sa status ng creditor at debtor (so remedy ng creditor tapos fraud by the
debtor etc.)
Sa Form of Contracts, general statement nung Art. 1356 about contracts being
obligatory however blah blah and the exception. Tapos pina-enumerate niya yung
examples na nasa outline/diagram na kailangan formal or solemn. Yung sale of large
cattle, antichresis, donation of real property, stipulation to pay interest etcetera.
Nalimutan ko yung chattel mortgage at ayun iniintay niya ko bago ko sinabi na i can't
remember the last one. Tapos pinaenumerate niya yung Art. 1358 na contracts which
must appear in a public document. After nun, nagbigay siya ng situations just to test
kung naaply mo yung enumeration sa 1358 at yung solemn contracts.
May isa siyang tanong sa forms of contracts na napunta tuloy kami sa unenforceable
contracts, sa statute of frauds na about a public document and the sufficiency of a note
or memorandum. I can't remember exactly pero yun yung last question sa akin. After ko
siya masagot, pinapirma na ako sa attendance and tapos na!
Pure and Conditional Obligations
Application of payments
(40 to 50 mins)
Payment
Compensation
Law on trusts
Offer and acceptance in contracts
(~40mins)
kinds of prestation
solidary obligations
mutuality and consensuality
reformation of instruments
principles and characteristics of contracts
mutuality

relativity
exceptions to relativity
(~50mins)
Joint v solidary obligations
loss, deterioration and improvement of thing
duress and undue influence
recissible
(1hour 10mins)
divisible and indivisible
classification of obligations
formalities on sale of real property
defenses of a solidary co-debtor
additional: sources of obligations
(~40mins)
joint obligations
conventional subrogation v assignment of credit
accion directa
penalty v performance
EVERYTHING Novation
follow ups: legal subrogation
example implied novation
(~35mins)
classification of contracts
loss of thing due
which cases does fraud occur
reciprocal obligations and remedies in case of breach
(30 to 40 mins)
implied/express novation
objective novation
solidary obligations
elements of a contract