Morgia, Cristina Grace T.

March 7, 2022
BSBA Marketing Management 2 BAC LAW Assignment 3

DIFFERENT KINDS OF OBLIGATION (PURE AND CONDITIONAL OBLIGATIONS)

1. Natalee (Debtor) borrowed P 200,000 from Samantha Hoopes (Creditor) payable

on or before August 30. Before the arrival of the due date, Samantha Hoopes
agreed to the promise of Charly Jordan to pay Samantha Hoopes , if Charly
Jordan wants. Can Samantha Hoopes insist that Charly Jordan pay not later than
August 30?

No, the agreement of P200,000 was between Natalee and Samantha Hoopes. On
another note, the agreement between Hoopes and Jordan is that Jordan will pay
if only Jordan wants. According to ART. 1182, when the fulfillment of the
condition depends upon the sole will of the debtor, the conditional obligation
shall be void. Therefore, there is no valid conditional obligation and Samantha
Hoopes cannot insist that Charly Jordan will pay not later than August 30.

2. Suppose in the same problem, Natalee (Debtor) obliges herself to pay

Samantha Hoopes P 100,000 after Samantha Hoopes has paid her obligation to
Charly Jordan. Is the obligation valid?

Yes, the obligation is valid and is considered a suspensive obligation. ART. 1181
states that “In conditional obligations, the acquisition of rights, as well as the
extinguishment or loss of those already acquired, shall depend upon the
happening of the event which constitutes the condition.”. Therefore, Natalee
would only pay Samantha once the condition is met, being that Samantha has
paid her obligation to Charly. The obligation is still valid.

3. Sommer Ray (Seller) agreed to sell to Hilde Osland(Buyer), a specific car for
P200,000, delivery of the car and the payment of the price to be made on June
15. Suppose Sommer Ray delivered car on June 15 but Hilde Osland failed to pay
the price , what are the remedies of Sommer Ray?

Since this is a reciprocal obligation, the remedies of Sommer Ray are to either
demand from Hilde Osland the money he owes, with damages, or he could also
 demand from the court the rescission of the obligation, with damages, if Osland
will not or cannot give the payment. This is based on Art. 1191, which states that
the power to rescind obligations is implied in reciprocal ones, in case one of the
obligors should not comply with what is incumbent upon him. The injured party
may choose between the fulfillment and the rescission of the obligation, with the
payment of damages in either case. He may also seek rescission, even after he has
chosen fulfillment, if the latter should become impossible. The court shall decree
the rescission claimed, unless there be just cause authorizing the fixing of a
period.

Therefore, Sommer Ray can choose to either demand payment + damages, or

have the obligation rescinded with damages as well as long as the
aforementioned conditions are met.

4. Alexis Ren (Seller) sold a parcel of land to Veronica Bielik for P 240,000 payable
in installments of P 20,000 a year. The land was delivered to Veronica Bielik,
who obtained ownership thereof. After Veronica Bielik had paid P 200,000, she
could no longer continue paying in view of financial reverses but she was still
willing to pay the balance of P 40,000, if given more time. Thereupon Alexis Ren
(Seller) sued for rescission under Article 1191. If you were the judge, would you
grant rescission?

No, I would not because according to Art. 1191, one may only also seek rescission,
even after he has chosen fulfillment, if the latter (fulfillment) should become
impossible. In this situation, fulfillment is not impossible since Veronica Bielik
already paid 83.33% of the P240,000 obligation and she is also willing to pay the
remaining balance if given more time. Thus, fulfillment is not impossible and a
rescission should not be granted under the rule of law.

5. Lauren Summer (Debtor) binds himself to pay Emma Watson (Creditor) a sum of
money. Give the three (3) cases when the obligation of Lauren Summer is
demandable at once by Emma Watson?

The three cases in which the obligation is demandable is:

 When it is pure (Art 1179, paragraph 1);
 When it is subject to a resolutory condition (Art 1179, paragraph 2);
 And/or when it is subject to a resolutory period (Art 1193, paragraph 2).