MODULE 13 Name: MYLENE NELLAS HERAGA Class Number: BLOCK 3 Section: BSA 1-COC Schedule: TF1 PM-4PM Date: MARCH 23, 2022 Activity 1: What | Know Chart, part 1 Try answering the questions below by writing you Know. ir ideas under the first column What | What | Know Questions: A thing is considered lost when it perishes or goes out of commerce or disappear in such a way that it's existence is unknown or it cannot be recovered 1.When is a thing considered lost? ‘An obligation which consists in the delivery ofa determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor and before he has incurred in delay. 2.When loss of thing will extinguish an obligation? in an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. Z.When loss of thing will not extinguish an obligation? Activity 3: Skill-building Activities Exercise | 11, Give two illustrations when a person may be released from an obligation validly entered into. Answer: First case is in Article 1266, wherein a person may be released from an obligation to do when the prestation becomes legally or physically impossible without the fault of the debtor. Second case was stated in Article 126: 7, it states that a person may be released from an obligation when the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may be released in whole or in part. 2.Will partial loss of a determinate thing to be delive red extinguish the obligation? ExplainAnswer: As stated in Article 1264, the courts will determine if the partial loss of the specific object of the obligation is so important as to extinguish the obligation. There are some cases when the partial loss is when only the portion of the thing is lost or destroyed or when it suffers depreciation. In case of partial loss, the court will decide whether the partial loss is such as to be equivalent to a complete or total loss. 3.Martin obliged himself to deliver a specific thing to Laura on a certain date. The thing was lost without the fault of Martin and before he has incurred in delay. Is Martin exempt from liability? Explain Answer: Yes, Martin is already exempt from liability. According to Article 1262, when a determinate thing is lost or destroyed without the fault of the debtor, and before he incurred delay, the obligation shall be extinguished. In this case, even though Martin lost the specific thing, he is not liable since the specific thing lost without his fault and he has not yet incurred delay. 4, If the above problem, the thing was lost without be fault of Martin however, he incurred delay. Will your answer be different? Explain. Answer: Yes, my answer were probably different because eventhough the Article 1262 emphasize that the obligation shall be extinguished if the thing is lost or destroyed without the fault of the debtor, there is some exemption to this rule and one of that is when the loss of the thing occurs after the debtor has incurred in delay. The fact that Martin incurred delay is the reason that he will not be exempt from liability. 5. Give the cases when loss of the specific thing to be delivered will not exempt the obligor from liability even in the absence of fault or delay. Answer: According to Article 1262, the obligor will not be exempted from the liability due to the loss of the thing even there is an absence of fault or delay when it was stated by the law, when it was stated in the stipulation, when the nature of the obligation requires the assumption of risk and when the obligor deliver a specific thing that arises from a crime. Activity 5: Check for Understanding Exercise |. TRUE or FALSE RUE 1. The thing is lost when it perishes, or goes out of commerce or disappears in Such a way that its existence is unknown or it cannot be recovered. FALSE 2. In order that an obligation may be extinguished by the loss of the thing, the thing must be an indeterminate thing.TRUE 3. In an obligation to deliver an indeterminate thing, the loss or destruction of anything of the same kind does not extinguish the obligation. FALSE 4. The presumption of fault in the part of the debtor is applicable in cases of natural calamities, TRUE 5. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault. TRUE 6. The obligor who is not at fault is still liable in case he is guilty of delay. FALSE 7.The obligation which becomes legally or physically impossible will result in the extinction of the obligation. TRUE 8. The impossibility of the performance releases the obligor. TRUE 9. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. TRUE 10. In order that an obligation may be extinguished by the loss of the thing, the debtor must not be guilty of delay.