1. What are the essential requisites of an obligation?

Give an example to
illustrate them. (5 POINTS)
 Obligor, Obligee, Object, and Legal Tie
Example: Bebang has a Pitbull which recently bit a customer, named Aaron,
who was just about to pick up the order in Bebang’s House.
Obligor – Bebang
Obligee – Aaron
Object – payment for what the Pitbull did to the customer
Legal Tie – quasi-delict, due to harm of person.
2. What rights are given by law to the creditor in case the debtor fails to
comply with his obligation to deliver a specific thing? (5 POINTS)
 Demand:
a. Specific performance or fulfillment, if still possible, of the
obligation with a right to indemnity for damages.
b. Rescissions or cancellation, in certain cases, of the obligation also
with a right to recover damages.
c. Payment of damages only, where it is the only feasible remedy.
3. What are included to be delivered in an obligation to give a definite thing?
Explain them. (5 POINTS)
 Accessions are improvements upon a thing, the principal.
 Accessories are things joined to or included with the principal thing
for the latter’s embellishment, better use, or completion.
The obligation to give a definite thing includes that of delivering both those
two mentioned above even if they have not been mentioned.
4. Janine Gutierrez (Seller) sold her TV set to Julia Barreto (buyer) who gave
Janine Gutierrez (Seller) the option to deliver instead of her refrigerator. Is
Janine Gutierrez liable to Julia Barreto (buyer) in case the TV is lost through
Janine Gutierrez’ fault? (5 POINTS)
 Janine Gutierrez, Seller, is liable because according to Art. 1206, The
loss or deterioration of the thing intended as a substitute, through
the negligence of the obligor, does not render her liable. But once
the substitution has been made, the obligor is liable for the loss of
the substitute on account of her delay, negligence, or fraud.
5. Andy Gibb, Morris Gibb and Robin Gibb oblige themselves jointly to deliver
to John Lennon a particular horse on a certain date. The agreement among
Andy Gibb, Morris Gibb and Robin Gibb which was made known to John
Lennon, is that they will contribute the amount in buying the horse. The
horse was not delivered on the due date because of the failure of Robin
Gibb, to give his share of the purchase price. State the rights and
obligations of the parties. (5 POINTS)
 According to Art. 1224, A joint indivisible obligation gives ride to
indemnity for damages from the time anyone of the debtors does
not comply with his undertaking. The debtors who may have been
ready to fulfill their promises shall not contribute to the indemnity
beyond the corresponding portion of the price of the thing or of the
value of the service in which the obligation consists.
 Andy, Morris, and Robin Gibb will contribute the amount in buying
the horse. Andy and Morris are liable to give their shares but they are
not liable for the share of Robin Gibb.