GARAYBLAS SAMPLEX PRELIMS

Q1: WHAT IS OBLIGATION? 5.) And in some case fortuitous event

A: An obligation is a juridical necessity do give, b.) No, the additional obligation to preserve
to do or not to do. However, this definition is and deliver the fruits and accession and
not a complete definition of what an accretions applies only to specific objects.
obligation. According to Ramos, obligation is These additional obligation cannot apply to
defined as a juridical relation between a parties generic object because the debtor would not
whereby the creditor can demand the know which object to preserve; and whose
performance of a specific conduct to the fruits, accession and accretion would be
debtor and in case of breach, he can have delivered.
satisfaction through the asset of the debtor.
Q3: a.) Is the pledge valid?
The “juridical necessity” is the juridical tie b.) Is jane bound to deliver the race
which binds the parties and enable them to horse?
enforce the obligation.
a.) Yes. The pledge is valid because it is
b.) the valid elements of an obligation is: lawful. The condition is not contrary to
law, morals, public order or public
1.) active subject or the creditor
policy. Since legally and morally pedro
2.) passive subject or the debtor
cannot marry his first cousin.
3.) juridical tie
b.) No. Jane is not bound to deliver the
4.) object of the prestation.
race horse. The condition imposed by
jane was not met by Cheryl since she
c.) a person/debtor may be held in default
was not able to take the board exams
even without demand when:
due to her failure in one of her fourth
year subject. Since what has been
1.) the law or obligation expressly so provides;
contracted was a subject to a
2.) when from the nature & circumstances, it
suspensive condition, it will only give
may be inferred that the determination of time
rise to the obligation of the conditions
for the thing to be given or the services to be
has been fulfilled since there is no
rendered is the controlling motive for the
fulfillment of the condition, jane is not
establishment of contract;
bound to deliver the race horse.
3.) when demand will be useless, as the debtor
has rendered it beyond his power to perform;
Q4: Resolutory condition
4.) when there is acknowledgement of default.
A: This kind of obligation is an obligation with
a resolutory condition. Thus, B can
Q2: THE SOURCES OF OBLIGATIONS:
immediately demand from A his allowance
1.) Law
because in a resolutory condition the obligation
2.) Contracts
is immediately demandable however upon the
3.) Quasi-Contract
happening or fulfillment of the condition the
4.) Delicts
obligation is extinguished.
5.) Quasi-delicts
B.) No. A is not correct. In the case at bar A
THE SOURCES OF DAMAGES:
and B are solidary debtor, meaning they have
1.) Fraud
for each other mutual guarantee. Thus, they are
2.) Negligence
both liable for the whole amount of
3.) Delay/legal delay
P100,000.00 to either C & D. If A payed the
4.) Breach of the tenure of the obligation
 GARAYBLAS SAMPLEX PRELIMS
whole amount of 100,000.00, A is entitled for
the reimbursement of B.
Q5:
A: No, there was no express grant by the
debtor to the creditor of the right to choose. In
alternative obligations, the right of choice is
generally given to the debtor. The debtor must
choose before the debt is due or at the time of
the performance of the obligation. The same
must be communicated to the debtor because
a CHOICE produces NO EFFECT until it is
COMMUNICATED.
d) once the choice is communicated to the
creditor & accepted by the creditor, obligation
is converted to a simple/pure obligation
because there is already a prestation chosen.
Once the choice is made, communicated &
accepted it cannot be revoked.
Q6: What is constructive fulfillment?
A: an obligation is deemed fulfilled when the
debtor voluntarily prevents its fulfillment. The
debtor though his acts prohibits the happening
or fulfillment of the condition. The Two
requisites must conform for an obligation to be
deemed constructively fulfilled;
1.) The intention of the debtor to
intervene or prohibit the happening of
the event;
2.) An external act of the debtor that
actually intervenes or prohibit the
happening of the event/condition.
No, A’s refusal was untenable as there have
already been substantial compliance in good
faith since it is the duty of A to provide all the
materials including the required permits for the
construction. Hence, it was without B’s fault
that construction was ordered to be stopped,
since it is attributable to A’s fault or negligence.
Explanation 2:
No. A’s refusal is not tenable. B is entitled to
the agreed amount since there was substantial
compliance on the part of B. The work was not
finished by B because of the stoppage of work
due to each of mayor’s permit cannot be
imputed to B since it is A’s obligation to get the
permit.
Q7: What is penal clause?
A: A penal clause is an accessory undertaking
to assume greater responsibility in case of
breach of obligation.
Penalty & damages may be recovered at the
same time when:
1..) there is express stipulation
2.) debtor is guilty of fraud; and
3.) debtor refuses to pay penalty.
The courts can reduce the penalty when;
1.) There is partial performance;
2.) There is irregular performance; and
3.) Penalty is inequitable
( b) general rule is that A cannot do such
exception if the choice is expressly granted
to him by the creditor. In the case the
obligation would cease to be an obligation
with a penal clause but will be an alternative
obligation whereby the compliance of
either of the prestation extinguishes the
obligation.
( c ) Yes, only if the right of A to pay
penalty in lieu of the performance was
expressly reserved for him.
( d ) the effect upon the nature of A’s
obligation will be its conversion to an
alternative obligation where A has the right
to choose either to perform or to pay
penalty or FACULTATIVE
OBLIGATION where he has the right to
perform the obligation but reserves it for
the substitution of penalty.
Q: When will be a debtor be responsible for
the lost of the thing?
A: A debtor may be held responsible for the
lost of the thing even if the loss was imtable or
an unforeseen event if;
1.) The law so provides
 GARAYBLAS SAMPLEX PRELIMS

2.) If the parties have stipulated to that

effect
3.) When the nature of the obligation
requires assumption of risk
4.) When the debtor promise to give the
thing to two or more person with
different interest thereon;
5.) When it arises from a crime/negligence
6.) When the debtor lost the thing due to
a fortuitous event after he had already
incur delay.
7.) In case of a generic object

B. No, B’s contention is not tenable. On the

case at bar, B is indebted to C to be paid by
money. Money is considered a generic object
thus even though there is a pace majeure such
unforeseen event would not extinguish B’s
obligation because it concerns a generic thing.