Gallardo, Irvinzor R.

BUSLAW OBLICON MIDTERM ASSIGNMENT 1

3rd Year AB-Political Science Saturday (2:00pm - 5:00pm)

A. Law, as a source of obligation in buying a motor vehicle.

Tanjiro bought a new motorbike for his job at company X. After the delivery of the motorbike
Tanjiro used it to deliver food but Tanjiro felt something wrong with the engine, after a few
weeks Tanjiro got into an accident due the failure of the engine. The motorbike wasn't
recognizable due to the accident, and Tanjiro was hospitalized for 2 months. Tanjiro notified the
company about what happened to his motorbike and the failure of the engine. Tanjiro
demanded for a repair or new unit of motorbike.

“Under the Republic Act No. 10642 or Philippine Lemon Law protects owners of brand-new
vehicles purchased in the Philippines within a period of twelve (12) months after the date of
the original delivery of the brand-new motor vehicle or within the first twenty thousand (20,000)
kilometers of operation after delivery of the vehicle, whichever comes first. It gives the owner
the right to report any non-conformity with the vehicle’s manufacturer or distributor’s standards
or specifications.”

However, the following causes of nonconformity shall be excluded:

(a) Noncompliance by the consumer of the obligations under the warranty;
(b) Modifications not authorized by the manufacturer, distributor, authorized dealer, or retailer;
(c) Abuse or neglect of the brand-new motor vehicle; and
(d) Damage to the vehicle due to accident or force majeure.

But due to the engine defect of the motorbike, company X must comply with Republic Act No.
10642 or Philippine Lemon Law which is to repair or to give a new unit to Tanjiro.

B. Contracts as a source of obligation in a hospital-related situation.

Due to Tanjiros accident he was hospitalized for 2 months and for that time he needs therapy so
he can walk again normally. Everyday Tanjiro meets his Physical Therapist to assist him on his
regular sets of exercises.

A Physical Therapist has the duty to fulfill Tanjiro with his exercise. And Tanjiro has to pay the
Physical Therapist. There are two obligations in the scenario, the obligation of the Physical
Therapist and the obligation of Tanjiro. The first obligation is the obligation of the Physical
Therapist(passive subject) which is to assist Tanjiro and teach him how to exercise
properly(prestation) and Tanjiro(active subject) has to pay for the fees(prestation) for the
Physical Therapist. The second obligation will be reversed. Tanjiro(passive subject) has to pay
for the fees(prestation) for the Physical Therapist. And the Physical Therapist(active subject)
must fulfill his duty as a Physical Therapist to help(prestation) Tanjiro to his exercises. The both
parties are bound by the Healthy-living Contracts(Juridical tie).
C. Quasi Contracts as a source of obligation in a cafeteria situation.

A Quasi-contract - is that juridical relation resulting from lawful, voluntary, and unilateral acts by
virtue of which the parties become bound to each other to the end that no one will be unjustly
enriched or benefited at the expense of another.

After the recovery of Tanjiro he went to a local cafeteria and ordered food. But Tanjiro receive
an excessive change after buying from the cafeteria, it is obligation of Tanjiro to return the
excessive change (Solutio Indebiti)

But before entering the local cafeteria Tanjiro’s new motorbike was in the hands of a parking
boy to take care of it and make sure that the new motorbike was not stolen. It is the obligation of
Tanjiro to pay the parking boy for his time guarding the new motorbike (Negotiorum Gestio)

D. Delicts as a source of obligation in the farm.

Obligation arising from Delicts - Also known as crime or felony.

Unlike any other sources of obligations, delicts produce both criminal and civil liabilities.

Examples of criminal liabilities:

Estafa, Rape, Murder (this actions could get you imprisoned)

The criminal liabilities will not be tackled in our subject Obligations and Contracts because
criminal liabilities are covered in Penal code so I will just give an example of civil liabilities.

Tanjiro is hardworking. He's not just working for a delivery company in manila but also has
Chicken farm in his province. Everyday his farm can harvest up to 100 trays of native chicken
eggs. The 100 trays of eggs were already ordered by his client and it is good for the delivery in
the morning. But 3 am in the morning his best mate Inusuke sneaked to his farm and took 50
trays of eggs. On his way out to the farm he was sighted by Tanjiro’s father Tanjurou, due to the
situation Inusuke makes haste to get out of the farm but the trays of eggs dropped on the
ground and all the eggs were cracked. And Inusuke was caught by Tanjorou.
These are the scope in civil liabilities:

Restitution - the restitution of the thing itself must be made whenever possible, with allowance
for any deterioration or diminution as value determined by court.

Reparation for the damage caused - court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special sentimental value to the
injured party, and reparation shall be made accordingly.

Indemnification for consequential damages - shall include not only those caused by the injured
party, but also those suffered by his family or by a third person by reason of the crime.
Restitution - return of the eggs(if the egg was not cracked it can be returned) because the egg
was cracked instead of returning the egg Inusuke will answer for the monetary value of the egg.

Reparation - answers for the damage caused to the farm or if possible to return the item
repaired reparation will be possible (meaning if the damage is repairable then reparation is
possible but the eggs were cracked and it can not be repaired.) reparation is not possible if the
damage is beyond repair or totally loss. (What if the item that was stolen is a car? And it is
beyond repair so this is the exception, the special sentimental value of the car which Inusuke
will pay and reparation shall be made accordingly.)

Indemnification - since Inusuke’s act resulted in Tanjiro's farm loss, Inusuke will also answer for
the said loss. In the scenario Tanjiro’s farm is supposedly going to deliver the eggs in the
morning but due to Inusuke’s action Tanjiro lost some sales to his farm. So the action of Inusuke
will be the key for Tanjiro to make Inusuke pay for his loss. Because Inusuke is the reason why
Tanjiro did not make any sales on that day.
E. Quasi - delicts as a source of obligation in a water vehicle situation.

Also known as Tort or Culpa this is an act or omission by one party which causes damage to
another party wherein there is no pre-existing contract.

Tanjiro went to El Nido Palawan with his family. The boat was really fast and it is chasing for
another trip to meet his daily quota. On their way to the other Island the Captain of the boat
didn’t know that one of his passengers was missing. Midway to their destination the Captain
realized that one of his passengers was missing, the Captain panicked and called for help.
Fortunately he was not the only one who was carrying tourists to the other island, Tanjiro was
rescued immediately by one of the Captain’s friends who was also carrying tourists. Tanjiro
suffered a mild sting of jellyfish to his whole body and was admitted to the nearest hospital in
Palawan.

These are the requisites of Quasi-delicts

There must be an act or omission: Because the boat was really fast and chasing for another trip
to meet his daily quota the Captain dropped one of his passengers to the sea.

There must be fault or negligence: Due to the Captain's negligence Tanjiro was dropped in the
sea.

There must be damage: Tanjiro suffered mild sting from jellyfish due to the Captain’s negligence

There must be a direct relation or connection of cause and effect between the act or omission
and the damage: If it wasn’t for the Captain chasing his daily quota the accident would not have
happened.

There is no pre-existing contractual relation between the parties: Obviously there are no pre-
existing contracts to the both parties but due to the negligence of Tanjiro’s Captain, the Captain
obliged to pay for Tanjiro’s expenses to the hospital.