1. D (debtor) borrowed 20,000 from C (creditor) payable on or before August 30.

Before
the arrival of the due date, C agreed to the promise of B to pay C if B wants. Can C insist
that B pay not later than August 30?

Given in this situation, the conditional obligation whose fulfillment depends

partly on the will of the debtor and partly upon the will of the third person is perfectly valid. In
this case, it shows that the creditor demands the third person to pay him not later than August 30
but on the said case, they agreed on the promise of the third person to pay the creditor if the third
person wants. Therefore, the creditor cannot demand to the debtor if the due date is not yet
passed.

2. Suppose in the same problem, D obliges himself to pay C 10,000 after C has paid his
obligation to T. Is the obligation valid?

In this condition, it is considered as the suspensive condition wherein the obligation will
only arise if the condition is already fulfilled. The debtor obliges himself to pay the creditor if the
creditor already paid the third party. If the creditor has not yet fulfilled his obligation to the third
party, he cannot demand the debtor to pay him immediately. Therefore, the obligation of the
debtor is invalid. The debtor is not liable to pay the creditor if the creditor is not yet paid to the
third party.

3. S (Seller) agreed to sell to B (buyer) a specific car for 200,000, delivery of the car and the
payment of the price to be made on June 15. Suppose S delivered the car on June 15 but B
failed to pay the price, what are the remedies of S?

From this problem, if the buyer does not comply with his obligation to pay, the
seller may choose between these two remedies: (a) an action for specific performance
(fulfillment) of the obligation with the damages; or (b) action for the cancellation of the
obligation with damages. The seller has the privilege to choose only one of the remedies. If the
creditor chose to cancel, he cannot demand the fulfillment of obligation to the buyer. It’s the
same as when he chooses the buyer to fulfill the obligation, he cannot practice the cancellation
later on.

4. S sold a parcel of the land to B for 240,000 payable in installment of 20,000 a year. The
land was delivered to B who obtained ownership thereof. After B had paid 200,000, he
could no longer continuing paying in view of financial reverses but he was willing to pay
the balance of 40,000 if given more time. Thereupon, S sued for rescission under Article
1191. If you were the judge, would you grant rescission?

If I were the judge on this, I would grant the rescission of Seller in default from a
term/period for the performance of the Buyer. The buyer is willing to pay the remaining 40,000
balance but needs time to do so due to the view of his financial reverses, not because he doesn’t
want to pay the maintaining balance that he had left.

5. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three (3) cases
when the obligation of D is demandable at once by C?

 When the obligation is pure

An obligation is demandable at once if it is pure obligation which one is not
suspended by any condition, whether it has been contracted without any condition, or
when thus contracted, the condition has been performed. It is immediately demandable.
Their agreement doesn’t have specific date, and conditions, so the creditor can demand to
pay the said amount to the debtor.
 When the obligation is subject to a resolutory condition
On the above description of resolutory obligation, once the condition is already
fulfilled, the obligation will be extinguish. The creditor can demand to the debtor during
the fulfilling of the condition.

 When the obligation is subject to a resolutory period

Same as the case above, the creditor can demand to the buyer while in the process
of fulfilling the condition. If the creditor and the debtor agree on the period wherein the
obligation is extinguished, he can demand to the buyer to pay the amount he borrowed.