ASSESSMENT TASK 1:

CASE STUDY:

Facts: Mrs. X pawned several pieces of jewelry with Agencia de San Pablo, to secure a loan in the total
amount of hp 59,500. Two months after, two armed men entered the pawnshop and took away whatever
cash and jewelry were found inside the pawnshop vault.

Agencia de San Pablo sent Mrs. X a letter informing her of the loss of her jewelry due to the robbery
incident in the pawnshop. Respondent Mrs X expressed disbelief stating that when the robbery
happened, all jewelry pawned were deposited with ABC Bank near the pawnshop since it had the
practice that before they could withdraw , advance notice must be given to the pawnshop so it could
withdraw the jewelry from the bank . Mrs. X then requested petitioner, Agencia de San Pablo to prepare
the pawned jewelry for withdrawal but Agencia failed to return the jewelry.

The respondent, Mrs. X is seeking indemnification for the loss of her jewelry and payment of damages.
Petitioner is interposing the defense of caso fortuito on the robber committed against the pawnshop.

Issue: What is the obligation of Mrs. X and the Agencia de San Pablo? Justify.

The accident happened two months ago, Mrs. X indemnification against Agencia de San Pablo for the
loss of her jewelry must follow because Mrs. X has the right to make an action. Mrs. X can make a
complaint with the appropriate government agency or consumer organization or hire a lawyer to file a
lawsuit about the issue. These offices investigate consumer complaints. They also take appropriate
disciplinary or legal action against companies and individuals that violate consumer protection laws.
According to the Local Government Code of 1991 or Republic Act no. 7160, property owners are
required by law to pay RPT annually, which applies to all types of real properties, including lands,
buildings, improvements, and machinery.

Agencia de San Pablo should take all the responsibilities because according also to Conditional
Obligations, when it comes to Effects of Suspensive, Resolutory, Potestative, Mixed Casual Condition
(Civil Code, Art. 1181-1182) the after fulfillment shall be done. Although the creditor (Agencia de San
Pablo) can invoke their rights according to Civil Code, Article 1188 (Rights of the Creditor Before the
Fulfillment of the Condition), Mrs. X can insist the factors or characteristics written in the Loss,
Deterioration or Improvement Pending the Happening of the Condition, (Tolentino, Civil Code, supra at
170).

The distinction between indemnity and damages is subtle and may be differentiated by considering the
roots of the law of obligations: how can money be paid if the defendant is not at fault? The contract
before rescission is voidable but not void, so, for a period of time, there is a legal contract. During that
time, both parties have legal obligation