BM1707

Case Analysis. (15 points: 3 items x 5 points)

Answer the questions and submit thru Dropbox.
J borrowed P75,000 from A by using the latter’s credit card (to be paid on installment basis) to pay for the
former’s emergency hospitalization. J promised that he will pay the monthly charge every month every time
the bill arrives. Not long after, J severally used A’s credit card details without him knowing to shop online in
various occasions. J accumulated a debt of P100,000.00 in total. However, he did not pay a single monthly
amortization. When A knew, he confronted J of his incapability to pay his obligations. J went into hiding and
eventually flew to Germany. J’s debt accrued interest amounting to P50,000 making his total debt amount to
P150,000.

a. What is the nature of the thing that J has to deliver to A?

The nature of the thing that J has to deliver to A is cash or money arising from delay in deliberately breaching
the obligation. Under the Philippine Civil Code Article 1156. An obligation is a juridical necessity to give, to do or
not to do. As to the case of J it is his obligation to give the money as promised which creates a quasi-contract
between him and A.

b. Is J liable to A? If yes, for how much?

Article 1156. “An obligation is juridical necessity to give, to do or not to do.” So in the instance of J, it is his duty
to provide the money on time that form a quasi-contract between him and A. J is obligated to pay A for an
accumulated debt of P100,000, which includes P50,000 in accrued interest, for a total of P150,000 in liability to
A.

c. What is/are the ground/s for his liability, if any? Why?

In this case, J did not accomplish his obligations to A which is to pay the monthly charge every month every
time the bill arrives. And J used A’s card to shop online in various occasions without A’s knowledge. And fled to
Germany to avoid a confrontation with A. Thus, J is liable for fraud, delay, or default because of his deliberate
evasion of the normal fulfillment of the obligation and by breaching the obligation by failing to pay the monthly
amortization. Which is a clear violation of civil code article 1170.

Rubric for scoring:

CRITERIA PERFORMANCE INDICATORS POINTS
Provided pieces of evidence,
Content supporting details, and factual 3
scenarios
Expressed the points in clear
Organization of
and logical arrangement of 2
ideas
ideas in the paragraph
Total 5
02 Activity 2 *Property of STI
Page 1 of 1