Activity No.

I.

1. Determinate thing
- particularly designated or physically segregated others of the same class. Identified by
its individuality.
2. Waiver
- is a legally binding provision where either party in a contract agrees to voluntarily
forfeit a claim without the other party being liable.
3. Personal right
- a right that may be enforced by one person on another.
4. Fortuitous event
- an event of natural or human origin that could not have been reasonably foreseen or
expected and is out of the control of the person concerned (as parties to a contract).
5. Legal delay or default
- failure to perform an obligation on time which failure constitutes a breach of the
obligation.
6. Disputable presumption
- can be rebutted by additional evidence or argument.
7. Indeterminate thing
- when it is not particularly designated or physically segregated from all others of the
same class. Identified only by its specie.

II.

1. What are the included to be delivered in an obligation to give a definite thing?

 The obligation includes the delivery of all its accessions and accessories. Accessions
are the fruits of all thing or additions to or improvements upon a thing. Accessories
are things joined to or included with the principal thing for the latter’s embellishment,
better use or completion.

2. Can a debtor be put in delay and consequently incur liability even without demand from
creditor?
 No, if the creditor does not demand, then it is presumed that he is giving the debtor an
extension of time and the latter in not liable for damages.
 3. Give the rules as the liability of a person for loss or damage resulting from a fortuitous
event.
 A person is not responsible for loss or damage resulting from fortuitous event. Thus,
his obligation will be extinguished. (Expect when expressly specified by law, declared
by stipulation, or when nature of obligation requires assumption of risk.)

4. What rights are given by the law to the creditor in case the debtor fails to comply with his
obligation to deliver a specific thing?
 The creditor can demand specific performance or fulfilment of the obligation with
indemnity for damages, or demand rescission or cancellation of the obligation with
right to indemnity for damages, or demand payment for damages only when it is the
only feasible remedy.

5. May an action arising from fraud be waived?

 Yes, if the creditor, with full knowledge of fraud committed by the debtor, decides
to waive his right to indemnity, then it is considered as act of forgiveness by the
former to the latter. Waiver is void only when it is a waiver of an action for future
fraud.

III.

1. Maganda promised to deliver Sungit a female horse named Suzie on July 10.
Suzie gave birth to a colt on July 5.
a. What are the obligations of Maganda to Sungit?
 An article 1163. (Duties of the debtor in obligation to give a determinate thing).
Maganda answer for damages in case of non-fulfilment or breach.
b. Who has the right to the colt?
 Maganda has the right to the colt.

2. Gil (seller) agreed to sell Tony (buyer) a specific car of P500, 000.00, delivery of the car
and the payment of the car to be made on August 15, 2020. Suppose Gil delivered the car on
August 15, 2020 but Tony failed to pay the price, what are the remedies of Gil?
 If the Tony does not comply with his obligation to pay, Gil may choose between
two remedies: (a) action for specific performance (fulfilment) of the obligation with
the damages or (b) action for the rescission of the obligation also with damages. Gil
has the privilege to choose only one of the remedies, and not both. If the creditor
chosen rescission, he cannot demand the fulfilment of obligation to the buyer. Same
as, if he chosen the buyer to fulfil the obligation, he cannot practice the rescission
later on.
3. Datu borrowed P50, 000, 00 from Agnes payable after (1) year. After one (1) year, Datu
failed to pay Agnes the P50, 000.00. Is Datu considered in default?
 No, if Agnes does not demand, then it presumed that she is giving Datu an
extension of time and the latter in not liable for damages. But if Agnes makes
demand on him to pay on the date or within a reasonable time thereafter and Datu
does not comply, then Datu will be delay.

4. Kokoy issued a receipt that Christian has paid the rent for the months of March 2020. Can
Kokoy still collect from Christian the rents for January and February, 2008?
 Art. 1176. The receipt of the principal by the creditor without reservation with
respect to the interest, shall give rise to the presumption that said interest have been
paid.
Yes, Kokoy can still collect the rents for January and February 2008 from Christian