Chapter 2

5. George has the obligation to deliver the prize-winning horse named Embers to Anton on 25
December 2020 for the price of 1 million USD. On 27 December 2020, while Embers was still
under your care in your ranch and grazing in the field at midnight, a thunderstorm developed and
lighting struck Embers instantly killing Embers. Discuss the problem and determine the rights
and obligations between George and Anton.
The problem is there is a delay of delivery of horse named Embers and there is a fortuitous
event. According to Article 1174, it states that as a general rule, the debtor is not liable if his
failure to preserve the thing is not due to his fault or negligence but to fortuitous events or force
majeure. But George is liable to Anton for damages. The rights of Anton is to demand a specific
performance or fulfillment (if it is still possible) of the obligation with a right to indemnity for
damages.
Chapter 3
1. What are the different classes or kinds of obligations? What are the bases or reasons for these
classifications?
Kinds of Obligations
1. Primary classification according to the Civil Code

a. Pure and Conditional- as to perfection and extinguishment.

b. With period or with a term-

c. Alternative and Facultative- as to plurality of prestation.

d. Joint and Solidarity- as to rights and obligation of multiple parties.

e. Divisible and Indivisible-

f. With a penal clause-

7. What are the 2 kinds of impossibility with respect to conditions attached to obligations? Give
an example of each.
1. Physically impossible condition- when they, in nature of things, cannot exist or cannot be
done.
Example:
(a) “I will pay you P10,000 if it will not rain for one year in the Philippines.”
(b) “I will pay you P10,ooo if you can carry twenty cavans of palay on your shoulder.”

2. Legally impossible conditions. — when they are contrary to law, morals, good customs,
public order, or public policy.
Examples:
X will give Y P1,000 if Y-
(1) will kill Z (against the law); or
(2) will be the common –law wife of X (against the morals); or
(3) will slap his father (against good customs); or
(4) will publicly advocate the overthrow of the government (against the order); or
(5) will not appear as a witness against X in criminal case (against public policy)