Professional Documents
Culture Documents
(Arts. 1156-1162)
(a) Passive
1. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
2. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
3. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
4. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
1
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
2
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
3
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
4
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
8. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
9. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
10. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
11. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
12. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
5
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
PROVISIONS
(Arts. 1156-1162)
6
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
7
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
8
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
15. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
16. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
17. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
18. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
19. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
9
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
10
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
11
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
12
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
22. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
23. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
24. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
25. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
13
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
26. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
27. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
28. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
14
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
15
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
16
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
29. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
30. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
31. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
32. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
17
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
33. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
34. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
35. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
18
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
19
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
20
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
36. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
37. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
38. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
39. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
21
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
40. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
41. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
42. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
22
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
23
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
24
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
43. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
44. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
45. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
46. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
25
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
47. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
48. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
49. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
26
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
27
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
50. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
51. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
52. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
53. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
54. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
28
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
55. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
56. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
29
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
30
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
31
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
32
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
63. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
33
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
34
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
35
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
36
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
70. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
37
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
38
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
71. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
39
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
72. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
73. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
74. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
75. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
76. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
77. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
40
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
41
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
42
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
43
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
44
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
84. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
45
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
46
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
85. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
47
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
86. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
87. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
88. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
89. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
90. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
91. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
48
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
49
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
50
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
92. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
51
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
93. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
94. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
95. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
96. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
97. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
98. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
52
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
53
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
54
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
99. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
55
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
100. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
101. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
102. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
103. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
104. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
56
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
57
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
58
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
105. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
106. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
59
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
60
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
PROVISIONS
(Arts. 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
61
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
62
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
112. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
113. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
63
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
64
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
65
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
66
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
119. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
120. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
67
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
68
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
PROVISIONS
(Arts. 1156-1162)
69
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
70
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
126. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
127. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
71
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
72
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
73
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
74
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
133. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
75
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
134. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
135. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
136. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
137. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
138. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
76
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
PROVISIONS
(Arts. 1156-1162)
77
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
78
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
140. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
79
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
141. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
142. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
143. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
144. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
145. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
80
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
81
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
82
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
83
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
84
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
153. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
85
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
86
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
87
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
88
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
160. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
89
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
161. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
90
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
162. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
163. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
164. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
165. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
166. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
91
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
PROVISIONS
(Arts. 1156-1162)
92
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
(ttt) Quasi-contracts
(Art. 1160)
(uuu) Crimes or delicts (Art. 1161) (See Art. 2142)
93
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
168. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
94
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
169. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
170. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
171. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
172. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
173. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
95
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
96
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
97
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
181. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
100
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
101
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
APPLICATION/PROBLEMS :
102
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
103
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
188. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
104
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
105
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
106
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
189. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
190. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
191. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
192. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
193. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
194. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
195. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
108
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
109
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
110
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
196. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
197. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
198. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
199. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
200. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
111
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
201. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
202. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
112
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
113
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
114
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
203. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
204. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
205. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
206. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
207. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
208. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
209. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
PROVISIONS
(Arts. 1156-1162)
116
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
117
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
(llll)Quasi-contracts
(Art. 1160)
(mmmm) Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnn) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
quasi-delict defined (Art. 2176)
test of negligence (Art. 1173)
CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
118
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
APPLICATION/PROBLEMS :
210. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
211. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
212. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
213. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
214. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
119
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
215. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
216. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?
120