2015 Bar Question

Donna pledged a set of diamond ring and earrings to Jane for

P200,000.00 She was made to sign an agreement that if she cannot pay
her debt within six months, Jane could immediately appropriate the
jewelry for herself. After six months, Donna failed to pay. Jane then
displayed the earrings and ring set in her jewelry shop located in a mall.
A buyer, Juana, bought the jewelry set for P300,000.00.(2015 BAR)

a. Was the agreement which Donna signed with Jane valid? Explain with
legal basis.

Answer:
NO, the agreement to appropriate the jewelry upon default of Donna is
considered pactum commissorium and it is considered void by law (Art. 2088).

b. Can Donna redeem the jewelry set from Juana by paying the amount
she owed Jane to Juana? Explain with legal basis.

Answer:
NO, Donna cannot redeem it from Juana because the pledge contract is
between her and Jane. Juana is not a party to the pledge contract (Art. 1311)

c. Give an example of a pledge created by operation of law.

Answer:
One example of a pledge created by operation of law is the right of the
depositary to retain the thing deposited until the depositor shall have paid him
whatever may be due to the depositary by reason of the deposit (Art. 1994).

Another is the right of the agent to retain the thing which is the object of the
agency until the principal reimburses him the expenses incurred in the
execution of the agency. (Art. 1914)

Factor, Joanne Victoria B.