Obligations

1A In General-Kinds of obligations as to perfection

[Follow the Outline]

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Multiple Choice. Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. Distinguish civil from natural obligation? Give examples of natural obligations?

2. An obligation to pay a sum of money evidenced by a promissory note dated April 29,
2008 is a natural obligation.

3. Sara borrowed ₱50,000.00 from Julia and orally promised to pay it within six months.
When Sara tried to pay her debt on the 8th month, Julia demanded the payment of interest
of 12% per annum because of Sara’s delay in payment. Sara paid her debt and the interest
claimed by Julia. After rethinking, Sara demanded back from Julia the amount she had paid
as interest. Julia claims she has no obligation to return the interest paid by Sara because it
was a natural obligation which Sara voluntarily performed and can no longer recover. Do
you agree? Explain. (4%)

4. In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was
crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. As a
result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion.
Mrs. A was hospitalized for two (2) months, during which she incurred P400,000.00 in
medical fees. Her expenses were all duly substantiated by official receipts. During the two
(2)-month period of her confinement, she was unable to report for work and earn any
salary, which was established at the rate of P50,000.00 per month. Mrs. A then filed a civil
case for damages against Mr. X.
(a) Based on the case filed by Mrs. A, what is the source of Mr. X's obligation to her as a
result of his acts? Explain.

5. Saachi opened a savings bank account with Shanghainese Bank. He made an initial
deposit of PhP100,000. Part of the bank opening forms that he was required to sign when
he opened the account was a Holdout Agreement which provided that should he incur any
liability or obligation to the bank, the bank shall have the right to immediately and
 automatically take over his savings account deposit. After he opened his deposit account,
the Shanghainese Bank discovered a scam wherein the funds in the account of another
depositor in the bank was withdrawn by an impostor. Shanghainese Bank suspected
Saachi to be the impostor, and filed a criminal case of estafa against him. While the case
was still pending with the Prosecutor’s office, the bank took over Saachi’s savings
deposit on the basis of the Holdout Agreement.
(b) In this case, did the bank have the right to take over Saachi’s bank deposit?

6. If A was convicted of Murder by the trial court but died before his appeal could be
decided by the Supreme Court, may the estate of A be held civilly liable under delict?

7. In CBK Power v. CIR, was their solutio indebiti?

In Andres v. Mantrust, was their solutio indebiti?
8. Can the employer and his driver-employee be held solidarily liable for breach of
contract?
Can the employer and his driver-employee be held solidarily liable under delict?

9. In an action for damages filed by a passenger of a common carrier, can the latter raise as
a defense that he exercised the diligence required in the selection and supervision of
employees?

10. How should an obligation be complied with?

11. In an obligation to deliver a car, would the delivery of a brand new Toyota Wigo be a
sufficient compliance with the obligation?

12, Are the following obligations valid, why, and if they are valid, when is the obligation
demandable in each case?
(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer, does not die
within one year.
13. What kind of obligation as to Perfection & Extinguishment was the obligation to
construct the roads in Araneta v. Phil Sugar Estates?

14. Pedro promised to give his grandson a car if the latter will pass the bar examinations.
When his grandson passed the said examinations, Pedro refused to give the car on the
ground that the condition was a purely potestative one. Is he correct or not?

15. Zeny and Nolan were best friends for a long time already. Zeny borrowed 310,000.00 from
Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan “once his
means permit.” Two months later, they had a quarrel that broke their long-standing
friendship.
 Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory
note. what will your advice be? Explain your answer.

16. In Millare v. Hernando, was Article 1197 applied? Why or Why not?
In Lim v. People, was Article 1197 applied? Why or Why not?

17. Before the arrival of a period, can a debtor be compelled to perform the obligation?

18. If the period was fixed solely for the benefit of the debtor, may the debtor be compelled
to perform even before the arrival of the period?