POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

Obligations and Contracts

1. A mere “yes” or “no” answer, without any corresponding explanation or discussion, may not
be given full credit.
2. Answer the question briefly, directly and with legal basis.

I.
JC bound himself to deliver to Faye a 21-inch 1983 model TV set, and the 13 cubic feet
White Westinghouse refrigerator, with Motor No. WERT-3296, which Faye saw in JC’s store,
and to repair Faye’s piano. JC did none of these things
May the court compel JC to deliver the TV set and the refrigerator and repair the piano?
Why? If not, what relief may the court grant Faye? Why? (10%)

II.
Shelvan owes Ben Mark several debts, all of them due, to wit: (1) an unsecured debt; (2)
a debt secured with a mortgage of Shelvan’s property; (3) a debt bearing interest; (4) a debt in
which the debtor is solidarily liable with another.
Partial payment was made by Shelvan. Assuming that Shelvan had not specified the
debts to which the payment should be applied and, on the other hand, Ben Mark had not
specified in the receipt he issued the application of payment, state the order in which the
payment should be applied and your reasons therefore. (10%)
Assuming that the debts involved are of the same burden, would your answer be the
same? (5%)
Who has the right to designate the debt to which the payment shall be applied? (5%)

III.
The record shows that Jhelle and Bianca had entered into a Contract of Loan by virtue of
which the former undertook to pay the latter P100,000 in cash on January 31, 2020 and will
incur interest of 10% in case of default. Prior to January 31, 2020, Jhelle already earned her
salary and thus, wanted to pay Bianca even before the stipulated maturity date.
a) When will Jhelle start to be in default? (5%)
b) Can Jhelle compel Bianca to accept her payment? (5%)
c) Assuming Bianca ignore the intention of Jhelle to pay on an earlier date, what would be
the action that latter can avail of? (5%)
d) What is legal tender (5%)
 IV.
a) What is Dacion en pago? (5%)
b) What is Pactum Commissorium? (5%)
c) Distinguish Dacion en pago from cession or assignment (5%)

V.
a) When is a thing loss? (5%)
b) What is Fortuitous Event? (5%)
c) Give at least 5 instances when debtor cannot invoke the defense of fortuitous event
(5%)

VI.
Kobie went to a store to buy a bar of chocolate worth P225.00 only.  He gave the vendor,
Jason, a P500-peso bill. The vendor gave him the tub plus P375.00 change.  Was there a
discount or oversight?   As the knowledgeable friend of Jason, what would be your advice to
him?  (5%)
How is this situational relationship between Kobie and Jason denominated?  Explain.
(5%)
VII.
a) What is Joint Obligation? (5%)
b) What is Negotiorum Gestio? (5%)

Good luck kidz.

Alam kong wala kayong maisasagot kaya
Oks lang umiyak basta wag maingay hehehe