CIVIL LAW QUESTIONS

1. (a) Mario received from Edgar a pendant with diamonds

valued at ₱ 5,000.00 to be sold n commission basis or to be
returned on demand. In the evening of August 31, 1987, while
he was walking home, two men snatched his clutch bag
containing the pendant and ran away. Subsequently, the
snatchers were apprehended and charged. During the
pendency of the criminal case, Edgar brought an action
against Mario for the recovery of the pendant or its value and
damages. Mario interposed the defense of fortuitous event
but Edgar contends –
(1) That the defense of fortuitous event is untenable
because there was negligence on the part of the
defendant; and
(2) That if the defense is untenable, there must be a
prior conviction of robbery before it can be availed
of. Decide the case.
(b) Distinguish between the effects of suspensive and
resolutory conditions upon an obligation.

2. (a) Define alternative and facultative obligations.

(b) Define joint and solidary obligations.
(c) A, B, and C borrowed ₱ 12,000.00 from X. This debt is
evidenced by a promisory note wherein the three bound
themselves to pay the debt jointly and severally. However,
according to the note, A can be compelled to pay only on June
15, 1962, B can be compelled to pay only on June 15, 1966.
On June 15, 1962, X made a demand upon A to pay the entire
indebtedness but the latter aid only ₱ 4,000.00.
Subsequently, because of A’s refusal to pay the balance, X
brought an action against him for collection of the amount.
Will such an action proper? Reasons.

3. (a) Under the Civil Code, what are the different special
forms of payments?
(b) What are the special requisites of consignation in order
that it shall produce the effect of payment?
(c ) A treasury warrant payable to Rosenne and indorsed by
Boni was cashed at the Philippine National Bank. The warrant
was subsequently dishonoured by the Philippine Treasury. The
Bank then applied the deposit of Boni to the payment of the
amount paid for the warrant. Is the action of the Bank in
accordance with law? Reasons.

4. (a) Suppose that under an obligation imposed by a final

judgment, the liability of the judgment debtor is to pay the
amount of ₱ 6,000.00 but both the judgment debtor and the
!1
 judgment creditor subsequently entered into a contract
reducing the liability of the former to only ₱ 4,000.00, is
there an implied novation which will have the effect of
extinguishing the judgment obligation and creating a modified
obligatory relation? Reasons.
(b) Merle offered to sell her automobile to Violy for ₱
60,000.00. After inspecting the automobile, Violy offered to
buy it for ₱ 50,000.00. This offer was accepted by Merle. The
next day, Merle offered to deliver the automobile, but Violy
being short of funds, secured postponement of the delivery,
promising to pay the price “upon arrival of the steamer,
Helena”. The steamer however never arrived because it was
wrecked by a typhoon and sank somewhere off the Coast of
Samar.

(1) Is there a perfected contract in this case? Why?

(2) Is the promise to pay made by Violy conditional or
with a term? Why?
(3) Can Merle compel Violy to pay the purchase price
and to accept the automobile? Why?

5. (a) Suppose that in an oral contract, which by its

terms is not to be performed within one year from the
execution thereof, one of the contracting parties has already
complied within the year with the obligations imposed upon
him by said contract, can the other party avoid fulfilment of
those incumbent upon him by invoking the Statute of Frauds?
(b) One-half of a parcel of land belonging to A and B
was sold by X to Y for the amount of ₱ 1,500.00. The sale was
executed verbally. One year later, A and B sold the entire land
to X. Is the sale executed verbally by X to Y valid and binding?
Reasons.
(c ) Distinguish between a contract of sale and a
contract to sell.

6. A, agreed to build a house for B on the condition that it shall

be completed within 6 months from January 1, 1980, that
work shall begin when B pays A ₱ 30,000.00, and that A shall
pay the penalty of ₱ 200.00 for each day of delay in the
fulfilment of the contract. A finished the construction of the
house on August 31, 1980, and turned it over the same day to
B who demanded payment of the penalty of ₱ 200.00 for
every day of delay in its completion. A refused to pay,
alleging the delay was caused by B who gave him the first
payment only on March 1. B’s answer was that he had the
money ready since January 1 but it was not until March 1,
after calling A, that he went to his house to get it.

!2
 a) Rule on the respective contentions of both parties.
b) Was there delay in the completion of the house?
State your reasons.

7. Cite three instances where a person is made civilly liable for

failure to comply with his obligations although he was
prevented from doing so by a fortuitous event.

8. “A” and “B” entered into a verbal contract whereby “A”

agreed to sell to “B” his only parcel of land for ₱ 20,000.00,
and “B” agreed to buy at the aforementioned price. “B” went
to the bank, withdraw the necessary amount, and returned to
“A” for the consummation of the contract. “A” however, had
changed his mind and refused to go through with the sale. Is
the agreement valid? Will an action by “B” against “A” for
specific performance prosper? Reason.

9. C, husband of D, sold paraphernal property in her name

without her (D’s) consent. Was such sale valid, void, voidable,
rescissible or unenforceable? Explain.

10. For value received, Pedro promised to deliver to Juan on or

before August 15, 1984 a Mercedes Benz with Plate No. 123
which he (Pedro) had just brought home from Germany, as
well as a 1984 18” Sony television set. Unfortunately, before
the scheduled delivery date, the Mercedes Benz and the
television set which Pedro had intended to deliver to Juan
were destroyed by an accidental fire.

Has the obligation of Pedro been extinguished? Explain.

-END-

!3