Chapter 1 Who can A ask for the 500k damages he suffered?

D, based on quasi delict, who is

GENERAL PROVISIONS primarily liable and to X, Co. because as his employer he is subsidiary liable (Art. 102 of
_ RPC). Or to X, Co. based on the breach of contract of carriage, in which case D and X,
B owns two parcels of land, adjacent to A’s land. Co. are solidary liable.
There is a super typhoon about to come.
A constructed a wall on his property as well as on B’s property to prevent erosion. What are the requisites of a valid object?

Can A subsequently demand reimbursement from B on the expenses he incurred in

contracting the wall to prevent erosion? Yes, Negotiorum Gestio. Chapter 2
NATURE AND EFFECT OF OBLIGATIONS
_ _
The parents of A donated a parcel of land in favor of their only son, A, who was a minor. On 1 January 2016, A promised to deliver a cow to B on 21 January 2016.
A killed B, leaving Y and Z, his heirs. On 12 January 2016, by unknown reason, the cow dies.
A was convicted of the crime of Murder and ordered the payment of civil damages to B’s
heirs. Is A liable for damages? No, genus nunquam perit.
Is A bound to observe due diligence? No, 1163 applies only to determinate things.
Can Y and Z proceed to A’s parents to execute the payment of the civil liability? No, their
liability is only subsidiary. Therefore, Y and Z must first exhaust all property of A. _
On 1 January 2016, A promised to deliver his cow, desire, to B on 21 January 2016.
If after exhausting the properties of A, can they now proceed to Y and Z? Assuming that On 12 January 2016, by unknown reason, Desire dies.
the properties of A were not sufficient to cover the entire civil obligation? Yes.
Is A liable for damages? It depends if he committed any of the ways in breaching the
_ contract provided in Art. 1170.
A was convicted of the crime of murder for killing B.
A was ordered by the court to pay 1M as civil liability. _
After 3 months, he was extended an absolute pardon by the president. On 1 January 2015, A promised to deliver a cow to B on 1 January 2016.
On 6 January 2016, the Cow gave birth to a calf.
Is the Civil Liability also extinguished? No, only criminal liability. On 16 January 2016, A delivered the cow. B demanded the calf as well.
Differentiate Pardon and Amnesty. Is B correct?
What is the effect of Amnesty in civil obligations?
No. The creditor has the right to the fruits of the thing from the time the obligation to deliver
_ it arises. However, this only applies if the object of the obligation is a determinate thing.
A bus driven by D and owned and operated by X, Co. got into an accident with a private In the case at a bar, the object is a generic thing, thus, there is no obligation to deliver the
vehicle driven by B. calf as well.
B rushed A, who was a passenger of the bus, spending 300k in medication.
B also suffered damages amounting to 500k. _
A also suffered damages amounting to 500k. On 1 January 2015, A promised to deliver his horse, Desire, to B on 15 January 2016.
On 16 January 2016, Desire gave birth to Faith.
Can B recover the 300k he spent to A? Yes, Negotiorum Gestio. Who may in turn recover On 19 January 2016, B demanded the delivery of Desire as well as Faith.
it from D or X, Co.
Is A obliged to deliver Faith? Yes, upon the arrival of the period, the obligation to deliver
Who can B ask for the 500k damages he suffered? D, based on quasi-delict, who is the fruits of the thing arises.
primarily liable and to X, Co. because as his employer he is subsidiary liable.

1 2
When does the obligation to deliver arise? A allowed B to gather fruits on the latter’s land but is forbidden from cutting all the trees
_ therein.
On 1 January 2015, A promised to deliver his horse, Desire, to B if it will marry C B cut all the trees.
On 3 January 2015, Desire gave birth to a foal.
On 31 December 2015, B married C, What is A’s remedy? Damages only.
On 5 January 2016, Desire gave birth to another foal.
NO NOTES FOR 1169 – 1176
Who has the right to the first foal? A
Who has the right to the second foal? B _
On 1 January 2016, A promised to specific car to B and C on 14 February 2016.
_ On 5 January 2016, the car was destroyed through a fortuitous event.
On 1 January 2015, A promised to deliver his horse, Desire, to B on 5 January 2016.
On 1 June 2015, Desire gave birth to a foal Is a liable for the loss of the car? No. If the obligor delays or has promised to deliver the
On January 10 2016, A demanded the fulfillment of the obligation. same thing to two or more persons who do not have the same interest, he shall be
On 8 January 2016, Desire gave birth to another foal responsible for fortuitous event. However, B and C cannot be regarded as having different
interests. There is no Delay as well. The obligation is extinguished. (1174)
Who has the right to the first foal? A
Who has the right to the second foal? B _
On 1 January 2016, A promised to deliver a specific car to B on 31 December 2016.
_ On 12 February 2016, A delivered the same car to C.
On 1 January 2015, A promised to deliver a parcel of land to X on 10 January 2016 On 1 October 2016, the car was lost due the fortuitous event.
Before 10 January 2016, there were several minerals deposits on the land.
On 10 January 2016, A only delivered the land removing all the mineral deposits. Is A liable? Yes. 1165 par. 3

May A be compelled to deliver the mineral deposits as well? Yes, an obligation to deliver _
a determinate things includes that of delivering all accessions and accessories even On 1 January 2015, A sold a parcel of land worth 1M to B payable in monthly installments
though they may not have been specified. THEY ARE NOT FRUITS. for 10 months.
A stipulation provides that payment must be made every end of the month.
_ A stipulation provides B is given 60 days grace period for failure to pay an installment.
A contracted B to sing the national anthem on his event on 12 January 2016 There was also an escalation clause.
On 12 January 2016, A refused to do so. On 31 January 2015, B failed to pay.
On 28 February 2015, B paid 200k.
Can B be compelled to fulfilled his obligations? No. Remedy? Damages only. On 31 March 2015, B failed to pay. A, then, demanded the remaining installment by virtue
of the escalation clause.
_
A contracted the services of B to paint the house of the latter for 500k. Can A demand for the rescission of the obligation as of 31 March 2015? No. Grace period.
B did not comply with his obligations. B has until 31 May 2015 to comply with his obligation. Prior to this, he may not ask for the
rescission of the contract.
What is the remedy of A? What is the effect of Grace period?
Damages; The same shall be executed at B’s expense; or, rescission (reciprocal
contracts ) _
On 1 January 2015, A promised to deliver a specific car to B on 31 December 2015.
_ On 31 December 2015, A failed to deliver the car.
On 12 February 2016, the car was lost through a fortuitous event.

3 4
 Is the estate of a person considered a person?
Is A liable? No, he is not yet in delay because there is still no demand from B.
_
_ A owes B 500k
On 1 January 2016, A insured his Car to B Insurance Co. B died leaving X as his heir.
On 2 February 2016, the car was lost through a fortuitous event.
Can X, in his own name, collect to A? Yes, subject to the laws, all rights acquired in virtue
May B held liable? Yes, the obligation requires assumption of risk. of an obligation are transmissible, if there has been no stipulation to the contrary.

_ Chapter 3
A owns 2 parcels of land. DIFFERENT KINDS OF OBLIGATIONS
X is indebted to A for 350k.
On 1 January 2016, A extended a loan to B for 1M to be paid on 31 January 2016. Section 1. - Pure and Conditional Obligations
On 15 June 2016, A and C entered into a Contract of Absolute Sale of One of the parcels
of land. What are the obligations demandable at one? Pure; resolutory condition; resolutory
period; condition not to do an impossible or unlawful thing
What is B’s remedy? Exhaust the remaining asset (1 parcel of land)
Assuming that the land was not enough to satisfy the debt, what is B’s next remedy? What is a condition? Characteristics?
Accion Subrigatia. Proceed to X.
Assuming that the debt is not yet fully paid, what is B’s next remedy? Proceed to rescind May there be a conditional obligation if the condition itself is an element? Ex. Propter
the contract between A and C. Accion Pauliana. Nuptias
How are the remedies to be exercised? Successive.
Reason behind the law? To maintain stability of contractual relationship. _
On 1 January 2016, A promised to pay B 5M if his means permit him to do so.
_ On 13 February 2016, B demanded payment but A refused.
H and W were married in 2005. In default of a marriage settlement, the property regime
of HW is Absolute Community amounting to 15M. Can A properly claim? No.
On 15 January 2015, through the negligence of W, X suffered damages. What is his remedy? 1197
When can the court fix a period? 1197
Can X proceed against the AC, in the absence of W’s separate property? Art. 94 of FC.
Such liability may be enforced against the community property together with the other Can a past event unknown to the parties be a valid condition= A future proof of the past
responsibilities enumerated in Art. 94 event

What if the property regime is CPG? Art. 121 and 122 of FC. Such liability may be What are the invalid conditions? 1182 & 1183
enforced against the partnership assets after the responsibilities enumerated in Art. 121
have been covered. _
A promised to pay his obligation as soon as he receives the funds derived from the sale
_ of his property in a certain place.
A owes B 500k.
A died leaving X as his heir Is the condition valid? Yes, the fulfillment depends not only upon the will of the debtor but
upon the concurrence of other factors
Can B proceed to X to enforce the obligation? No, only rights are transmissible not
obligations. If he receives the funds derived from the sale of the property when he finally decided to
What is the remedy of B? Proceed against the Estate of A. sell it? No, potestative to the debtor.

5 6
 _
_ A contracted the services of B to construct the latter’s house in consideration of 5M before
A and B agreed that the latter may continue to use A’s car until A wants to. 31 January 2015.
While the house was under construction, B raped A. As such, B pressed charges leading
Is the condition valid? Yes, resolutory conditions potestative to the the debtor is valid. to the incarceration of A.
The construction of A’s house was not finished on the date agreed upon.
_
On 1 January 2015, A promised to pay B 5M in consideration of numerous packs of Is the obligation deemed fulfilled? Can B ask for the payment of B?
Marijuana.
On 2 February 2016, the sale of Marijuana became legal. _
On 1 January 2016, A promised to give B 5M if B will marry C.
What happens to the obligation? Void, because at the time of the condition is imposed, it On 2 February 2016, A paid 5M because he believed that they already got married.
is illegal for the sale of Marijuana. May A recover what he has paid? Yes.

_ Assuming on 6 February 2016, A died. May X, his heir, recover the 5M to B? Yes, rights
On 1 January 2015, the sale of Marijuana became valid acquired in virtue of obligations are transmissible. However, if there was no mistake, it
On 31 January 2015, A promised to pay B 5M in consideration of numerous packs of shall be deemed that A has waived the fulfillment of the obligation.
Marijuana
On 5 February 2016, the sale of Marijuana bame unlawful. _
On 1 January 2016, A promised to give B 5M if B will marry C.
What happens to the obligation? It is extinguished by virtue of Art. 1174. On 5 February 2016, by mistake, A paid the 5M to B.
READ: PHILCOMSAT VS GLOBE On 10 February 2016, B married C.

_ Can B still recover the 5M paid by him by mistake? No. 1189, the effects of the conditional
A owes B 500K. obligation to give, once the condition has been fulfilled, retroact to the day of the
A promised that he will pay his debt if B will kill X. constitution of the obligation.

Is the obligation valid? Because there is a pre-existing valid obligation, only the condition _
is void. On 1 January 2015, A promised to give a parcel of land to B if he will marry C.
On 10 February 2015, B married C.
_ Before 10 February 2015, A gathered all the fruits amounting to 50K.
On 1 January 2016, A promised to give B 1M if he marries C in 2 years. On 11 February 2015, B demanded the fulfillment of the obligation and demanded the
On 13 February 2016, A killed C delivery of the fuits as well.

Is the obligation deemed fulfilled? Can A demand the 1M from A? Can B demand the fruits? No, If the obligation is unilateral, the debtor shall appropriate
What are the requisites of constructive fulfillment of obligation? the fruits and interests received, unless from the nature and circumstances it should be
inferred that the intention of the person constituting the same was different.
_
A and B agreed that B may use A’s Mercedes Benz so long as he is employed in their What if the obligation is bilateral? How will you reconcile 1164 and 1187?
company.
The HR, upon the false accusations of A, fired B. _
A promised to deliver a car to B if he will marry C.
Is the obligation deemed fulfilled? Can A ask for the return of his car? The Car was destroyed trough a fortuitous event.

7 8
Is the obligation extinguished? No, genus nunquam perit. Art. 1189 applies on to May B rescind the contract? No. The obligation is not reciprocal.
obligations to give a determinate thing. What are the requisites for rescission of contracts? 1. Reciprocal Obligation; 2. One does
not comply with what is incumbent upon him; and, 3. The other suffers an injury.
_
On 1 January 2016, A promised to deliver a car to B if he will marry C. _
On 2 February 2016, A delivered the car believing that B was already married. Why is rescission judicial in character? No one is to take the law on his own hands.
On 15 February 2016, The car was destroyed through a fortuitous event. What is the nature of breach to warrant rescission? Substantial and not merely an
infraction.
Is the obligation extinguished? Yes, from the time the car was delivered the thing became Rule absolute? No, 1197. If there be a just cause authorizing the fixing of the period.
determinate.
On 1 January 2015, A promised to deliver 1M to B upon B’s delivery of the parcel of land.
_ A asked B to accept 700k first because banks were already closed. To which B accepted.
On 1 January 2016, A promised to deliver a specific car to B if he will marry C. On 8 January 2015, A defaulted in payment.
On 2 February 2016, B and C married. B demanded the delivery of the car. However, the
car was destroyed through the fault of A. May A rescind the obligation? No, there is a just cause authorizing the fixing of a period
because there is a substantial compliance of the obligation and that A was aware of the
Is A liable? Yes, quasi-delict or delict. incompleteness of the thing. (Art. 1234-1235)

_ _
On 1 January 2016, A promised to deliver a parcel of land to B if he will marry C. 0n 1 January 2015, A paid B 5M in consideration of a parcel of land to be delivered on 1
Before 2 February 2016, there were several minerals deposits on the land. June 2015.
On 2 February 2016, B and C married. B demanded the delivery but A only delivered only On 1 June 2015, A tendered payment. But, B refused.
the parcel of land.
Can A rescind the contract? No, because the same is not reciprocal being subject to a
Is B entitled to the deposits? Yes, if the thing is improved by its nature or by time, the suspensive condition,
improvement shall inure to the benefit of the creditor. What is the remedy of A? File for unlawful retainer.

What if the thing is improved at the expense of the debtor? _

A promised B to pay 5M upon his delivery for the parcel of land.
_ B defaulted in payment; A demanded exact fulfillment of obligation.
On 1 January 2016, A promised to deliver a parcel of land to B if B will marry C. A compromise agreement was entered into by the parties. It fixed a period to 31
Pending the condition, A constructed a fence to avoid any soil erosion. December 2016.
On 2 February 2016, B and C got married. On 15 February 2016, A court accepted the compromise agreement.
B demanded the delivery of the parcel of land. On 31 December 2016, A demanded the payment. But, B refused.
A refused and maintained possession until reimbursement is made for the construction
of the fence. May A rescind the Compromise Agreement? No, once judgment is rendered, the
Compromise Agreement is impressed with public interest and is immediately executory.
May A maintain the parcel of land? Yes. Art. 552 He may ask for the Execution of Judgment. However, he may eventually rescind and
insist upon the original demand.
_
On 1 January 2015, A promised to deliver a Car to B on 5 February 2015 in consideration _
of a parcel of land. On 1 January 2015, A promised B to pay 5M upon B’s delivery of a parcel of land. The
On 5 February 2015, A defaulted to delivery. obligation was secured by a real estate mortgage.
On 1 June 2015, A demanded B. B refused to pay.

9 10
On 5 January 2016, A filed for the rescission.
_
May A rescind the contract? No, only remedy is to foreclose it. On 1 January 2016, A promised to pay B 5M when his means permit him to do so.
Casiño: He may still rescind because it is still the same contract and the mortgage is only On 5 January 2016, A became insolvent.
an accessory.
_ Can B demand payment? Yes, A loses the right to make use of the period.
On 1 January 2015, A promised to pay B 5M upon B’s delivery of a parcel of land.
On 1 June 2015, B demanded delivery. But, B refused. B secured his debt by a chattel _
mortgaged of hid Mercedes Benz. On 1 January 2016, A promised to pay B 5M on 31 December 2016.
On 1 July 2015, B defaulted. A ask for the rescission of the contract. On 5 January 2016, A became insolvent.
Can A rescind the contract? No, by entering into a contract of chattel mortgage, A
abandoned the remedy of rescission. There was an effected Novation of Contract. Can B demand payment? Yes, A loses the righ to make use of the period.
Is B in delay? No, demand is still necessary to put A in delay.
Section 2. - OBLIGATIONS WITH A PERIOD
_ _
On 1 January 2016, A promised to pay B 5M on or before 31 December 2016. On 1 January 2016, A promised to pay B 5M on 31 December 2016.
On 31 June 2016, A tendered payment but B refused. On 2 January 2016m A became insolvent and gave his Mercedes Benz as a security of
his debt.
Through a fortuitous event, the Chattel Mortgage has been partially damaged.
Can A compel B to accept the payment before maturity? Yes, the period is in favor of A.
Does A lose the period? No. To lose the right to make use of the period, the security must
_ be totally damaged or disappeared.
On 1 January 2016, A promised to pay B 5M on 31 December 2016 unless sooner
demanded. 1174 (pertains to the principal obligations) vs 1198 (3) (pertains to securities or guaranties
On 31 June 2016, B demanded the payment of 5M. which are accessory obligations)

Can B compel A to make payment? Yes, period is in favor of B. Is mere attempt to abscond warrant the lose of the right to make use of the period?

_ _
On 1 January 2016, A promised to pay B 1M plus 16% interest on or before 31 December A owns 2 parcels of land
2016. A promised to pay B 5M on 31 December 2016.
On 31 June 2016, A paid 5 1M plus the equivalent interest for 5 mos. A became insolvent and mortgaged his 2 parcels of land as a security in favor of B.
Before maturity date, A sold one parcel of land to C and the other to D.
May A compel B to accept payment? No, period is in favor of B.
Does A lose the right to make use of the period? Yes.
On 1 January 2015, A was insolvent. What is his remedy? Exhaustion; Accion Subrogatia; Accion Pauliana
On 5 February 2016, B extended a loan to B amounting to 1M to be paid on 31 December
2015. Does 1998 apply to obligations to do?
On 1 March 2015, B knew the insolvency and demanded payment.
Section 3. – ALTERNATIVE OBLIGATIONS
May B demand payment? No, A did not lose the right to make use of the period because
he was insolvent already even before the constitution of the period. _
When is a person considered insolvent? Does it need judicial declaration? Difference with A promised B to pay 5M upon the delivery of a car, a horse, or a pig.
bankruptcy? Which is preferable?

11 12
What is the nature of the obligation? Conjuctive, because all of the objects or prestations _
are demandable. The right of choice belongs to the debtor.
A promised to deliver a specific car or a specific TV Set or a specific Land to B on or
_ before 10 February 2016.
On 1 January 2016, A promised to pay 5M to B on 31 December 3016.
On 2 January 2016, A promised to deliver a car to C on 1 June 2016. The TV set was destroyed through the fault of A. Can B demand the value of the TV set
plus damages? No, right of choice belongs to the debtor. Debtor may deliver any of those
What is the nature of the obligation? 2 obligations with a period. subsisting.
Why? In order for there be a conjuctive, alternative or facultative, the same must arise
from the same act. If through the B’s acts, A cannot make a choice which to deliver according to the terms of
the obligation. What is A’s remedy? Deliver what remains if there still remaining, or rescind
Can the creditor voluntarily accept part of one and part of the other undertaking? Yes. plus damages.

Should the creditor consent to the choice in order that the choice be valid? Yes. Why? Is
defeats the nature of the obligation to be alternative. Section 4. – JOINT AND SOLIDARY OBLIGATIONS

Why is the choice, once communicated, cannot be revoked? To make preparation for the SECTION 5. – DIVISIBLE AND INDIVISIBLE OBLIGATIONS
acceptance of the object. _
A and B promised to pay 500K to X on 2 February 2016.
X demanded A the payment. A refused.
_
A promised to deliver a car or a land to B on 5 February 2016. Is A in default? In the absence of an expressed stipulation, the obligation is joint, The debt
On 5 February 2016, B demanded A the delivery of the car. A refused. may be enforced only by proceeding against all the debtors.

Is A in delay? No, right of choice belongs to A. _

Delay does not shift the right of choice to the creditor. On 1 January 2016, A, a minor, and B promised to pay 1M to X and Y on 31 December
2016.
_ X demanded the payment of A’s part.
The right of choice belongs to the debtor.
A promised to deliver a specific car or a specific TV Set or a specific Land to B on or May A refuse? Yes, because he was a minor.
before 10 February 2016. Assuming A demanded the payment of B’s part. May B validly refused on the ground of
A’s minority? No, debts and credits are distinct from each other. The minority defense is
The car was destroyed through the fault of A. Is the obligation extinguished? No, delivery personal only to A and cannot b invoked by B.
of any of the remainder.
_
If on 2 February 2016, the car was destroyed through the fault of A. On 3 February 2016, Provisions on RPC regarding obligations:
the TV Set was destroyed through the fault of A. On 4 February 2016, the Land was
destroyed through the fault of A. Is the obligation extinguished? No. Remedy? Damages Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a
of the last thing that became disappeared. Why the last thing? Because, since only one felony is also civilly liable.
remains, the obligation became simple.
Article 101. Rules regarding civil liability in certain cases. - The exemption from criminal
CASIÑO: Before the choice was communicated, regardless with or without fault, the thing liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of
is specific or not, debtor must deliver remaining/ subsisiting. Article 11 of this Code does not include exemption from civil liability, which shall be
enforced subject to the following rules:

13 14
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established
by an imbecile or insane person, and by a person under nine years of age, or by one over in the next preceding article shall also apply to employers, teachers, persons, and
nine but under fifteen years of age, who has acted without discernment, shall devolve corporations engaged in any kind of industry for felonies committed by their servants,
upon those having such person under their legal authority or control, unless it appears pupils, workmen, apprentices, or employees in the discharge of their duties.
that there was no fault or negligence on their part.
Article 110. Several and subsidiary liability of principals, accomplices and accessories of
Should there be no person having such insane, imbecile or minor under his authority, a felony; Preference in payment. - Notwithstanding the provisions of the next preceding
legal guardianship or control, or if such person be insolvent, said insane, imbecile, or article, the principals, accomplices, and accessories, each within their respective class,
minor shall respond with their own property, excepting property exempt from execution, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries
in accordance with the civil law. for those of the other persons liable.

Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit The subsidiary liability shall be enforced, first against the property of the principals; next,
the harm has been prevented shall be civilly liable in proportion to the benefit which they against that of the accomplices, and, lastly, against that of the accessories.
may have received.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person
The courts shall determine, in sound discretion, the proportionate amount for which each by whom payment has been made shall have a right of action against the others for the
one shall be liable. amount of their respective shares.

When the respective shares cannot be equitably determined, even approximately, or A and B are principals of the crime of rape against X
when the liability also attaches to the Government, or to the majority of the inhabitants of C and D are the accomplices.
the town, and, in all events, whenever the damages have been caused with the consent E and F are the accessories.
of the authorities or their agents, indemnification shall be made in the manner prescribed The court awarded 800k in damages.
by special laws or regulations. Discuss the liabilities of each.

Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence
or causing the fears shall be primarily liable and secondarily, or, if there be no such As to proportion: Depends upon the participation of the accused.
persons, those doing the act shall be liable, saving always to the latter that part of their There is solidary obligations as within the same class but joint as to each others class.
property exempt from execution. In case of insolvency subsidiary liability may arise.

Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of A and B are solidary as to each other, so as C and D, and E and F.
establishments. - In default of the persons criminally liable, innkeepers, tavernkeepers, But the obligation of A and B may not be asked from C and D, or to E and F. Except when
and any other persons or corporations shall be civilly liable for crimes committed in their there is insolvency in which case subsidiary liability may arise.
establishments, in all cases where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or their employees. _
Provisions on Labor Code:
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft
within their houses from guests lodging therein, or for the payment of the value thereof, Art. 109. Solidary liability. The provisions of existing laws to the contrary notwithstanding,
provided that such guests shall have notified in advance the innkeeper himself, or the every employer or indirect employer shall be held responsible with his contractor or
person representing him, of the deposit of such goods within the inn; and shall furthermore subcontractor for any violation of any provision of this Code. For purposes of determining
have followed the directions which such innkeeper or his representative may have given the extent of their civil liability under this Chapter, they shall be considered as direct
them with respect to the care and vigilance over such goods. No liability shall attach in employers.
case of robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees. Provisions on Family Code:

15 16
Art. 94. The absolute community of property shall be liable for: (1) The support of the spouse, their common children, and the legitimate children of either
spouse; however, the support of illegitimate children shall be governed by the provisions
(1) The support of the spouses, their common children, and legitimate children of either of this Code on Support;
spouse; however, the support of illegitimate children shall be governed by the provisions
of this Code on Support; (2) All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the conjugal partnership of gains, or by both
(2) All debts and obligations contracted during the marriage by the designated spouses or by one of them with the consent of the other;
administrator-spouse for the benefit of the community, or by both spouses, or by one
spouse with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to
the extent that the family may have benefited;
(3) Debts and obligations contracted by either spouse without the consent of the other to
the extent that the family may have been benefited; (4) All taxes, liens, charges, and expenses, including major or minor repairs upon the
conjugal partnership property;
(4) All taxes, liens, charges and expenses, including major or minor repairs, upon the
community property; (5) All taxes and expenses for mere preservation made during the marriage upon the
separate property of either spouse;
(5) All taxes and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family; (6) Expenses to enable either spouse to commence or complete a professional,
vocational, or other activity for self-improvement;
(6) Expenses to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement; (7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
(7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family; (8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a professional
(8) The value of what is donated or promised by both spouses in favor of their common or vocational course or other activity for self-improvement; and
legitimate children for the exclusive purpose of commencing or completing a professional
or vocational course or other activity for self-improvement; (9) Expenses of litigation between the spouses unless the suit is found to groundless.

(9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this If the conjugal partnership is insufficient to cover the foregoing liabilities, the
Article, the support of illegitimate children of either spouse, and liabilities incurred by spouses shall be solidarily liable for the unpaid balance with their separate
either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency properties.
of the exclusive property of the debtor-spouse, the payment of which shall be considered
as advances to be deducted from the share of the debtor-spouse upon liquidation of the Art. 146. Both spouses shall bear the family expenses in proportion to their income, or, in
community; and case of insufficiency or default thereof, to the current market value of their separate
properties.
(10) Expenses of litigation between the spouses unless the suit is found to be groundless.
The liabilities of the spouses to creditors for family expenses shall, however, be
If the community property is insufficient to cover the foregoing liabilities, except those solidary.
falling under paragraph (9), the spouses shall be solidarily liable for the unpaid
balance with their separate properties. _
A, B and C agreed to deliver a parcel of land to X.
Art. 121. The conjugal partnership shall be liable for: X demanded delivery from A.

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 AB promised to deliver a specific car (9M) to XY on 31 January 2016.
Nature of the obligation? Joint Indivisible. On 4 February 2016, through the negligence of A’s the car was destroyed amounting to
Can A be compelled to deliver? No. 3M.
How can the obligation be enforced? X must proceed against all of the debtors.
Are AB in delay? Yes, 1169 (3)
_ How much can X recover from B? None, because the loss was through the fault of one
ABC agreed to deliver a parcel of land to XYZ party.

What is the nature of the obligation? Joint Indivisible. _

How may XYZ enforce the obligation? Proceed against A, B and C. ABC, solidary promised to deliver a specific car (9M) to XYZ, solidary on 31 December
May there be a chance when X alone may proceed against A alone? Yes, if it is authorized 2016.
by the others.. On 31 June 2016, the car was destroyed through a fortuitous event.
May there be a chance when A may deliver the land alone? Yes, if it is authorized by the
others. How much can X demand from A? 9M, obligation is solidary.
If XYZ was joint, how much can X demand from A? Only, 3M.
_ _
On 1 January 2016, ABC agreed to deliver a specific car to XYZ on 5 February 2016. ABC, solidary, promised to pay 500K to XYZ, solidary.
On 5 February 2016, XYZ demanded payment from ABC, but BC refused. X assigned his right in favor to P.

What is the nature of the obligation? Joint indivisible. Can a solidary creditor assign his rights to a third person? No, 1213
What is the remedy of XYZ? Payment of Damages. What is the nature of the assignment? As to X and P, valid. But, as to P and YZ, void,
How much can X collect from A? 1M because they have not given their consent to the assignment.
How much can Y collect from B? 1.5M If assigned to any of his co-debtors? Valid.
How much can Z collect from C? 1.5M P demanded from B. How much can he recover? 3M

_ _
Difference of Divisible and Indivisible Obligations? ABC, solidary, promised to pay 9M to XYZ, solidary.
Difference of Joint and Solidary Obligations? A promised to pay if and when X will marry W.
What determines divisibility or indivisibility? Art. 1225 B promised to pay if and when Y passes the Bar.
C promised to pay on 31 December 2016.
_
On 1 January 2002, AB promised to pay 500K to XY on 1 January 2003. Nature? Solidarity exists although the creditors and debtors may not be bound in the
On 1 January 2010, X demanded from A his share. A refused to pay. same manner or by the same conditions or period.
On 2 February 2016, Y demanded A his share. A refused to pay because of prescription.
On 3 February 2016, X demanded B the payment of A’s share. A refused. To pay because On 2 February 2016, X and W married. How much can Z collect from B? Only 3M.
of prescription. Assuming X and W were not yet married and B became insolvent. How much can Z collect
from A? None, because no obligation is due yet.
Can Y compel A to make payment? No. Prescribed. How about to B? Still, no.
Can X demand payment from A? Yes, in fact, A was in delay. How about to B? No, _
prescribed. No notes on hypothetical questions on Art. 1215
Can X demand from B the payment of A’s share? No, A’s debt has prescribed. B cannot A & B, solidary debtors bound themselves to pay X & Y the amount of 400k.
be prejudiced. X owes A 400k

_ What is the effect? The original obligation is extinguished.

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How much can A recover from B? 200k Would your answer be the same if C became insolvent? 3M plus 1.5M, because When
How much will X reimburse to Y?200k one of the solidary debtors cannot, because of insolvency, reimburse the debtor paying
the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of
A & B, solidary debtors bound themselves to pay C the amount of 2M each.
C owes A 500k
_
How much can C demand from B? 1500,000 **ABC, solidary, promised to deliver a specific car (9M) to XYZ, solidary.
Can C demand from A 500,000 and from B 1M? Yes Because of A’s negligence the car was totally destroyed amounting to 3M.
C paid 12M to X.
Merger/Confusion of rights
The basis is always the original obligation How much can C collect from B? 3M only.
_ How much can C collect from B, assuming B has not yet paid?
On 1 January 2015, ABC, solidary, promised to pay XYZ, solidary, 9M on 15 February
2016.
On 1March 2015, X and A agreed that instead of paying the, A will just build a house for **ABC, solidary, promised to deliver a specific car (9M) to XYZ, solidary.
X. Because of A’s negligence the car was totally destroyed amounting to 3M.
C paid 12M to X.
Is the obligation extinguished? Yes. Through Novation.
How much can C collect from B? None
How much can C collect from A? 12M
_ If A made the payment, he cannot recover from his co-debtors.
ABC, solidary, promised to deliver a specific car (9M) to XYZ, solidary. Principle: A is responsible for the loss of the thing, thus he is responsible for the whole
On 5 January 2016, the car was destroyed through the fault of A amounting to 3M. amount plus damages
On 15 February 2016, Z demanded from A the obligation.
*If A made the payment, he cannot recover from his co-debtors.
How much can Z recover from A? 12M.
How much can A recover from his co-debtors? Only 3M. _
ABC, solidary, promised to deliver 900 sacks of rice to XYZ, solidary on 1 June 2016.
_ On 1 June 2016, Z demanded A alone the entire obligation to which he refused.
ABC, solidary, promised to pay 9M to XYZ, solidary on 15 January 2015. Y asked P to deliver 900 sacks (900K) and incurring additional expenses of (300k).
The share of A is guaranteed by X. And the share of C was secured by a real-estate Z demanded the payment of the 900 sacks and the additional expenses.
mortgaged.
On 15 January 2015, B paid the entire obligation. Can C be compelled to pay? Yes. How much? 1.2M.
B then asked reimbursement from A and C. But, A was insolvent and C refused. If C paid, how much can C collect from A? Only his share, 300K+ 100K.
CASINO NOTE: Refusal is not synonymous to fault/negligence, Whereas, if A was
Can B proceed against the guarantor and foreclosure of the Real-estate mortgage? No, negligent, he bears the entire obligation.
these were accessory contracts to the principals. Principle: Where there is no loss of the determinate thing or impossibility of performance
of the obligation, all solidary debtors is liable for their share in the obligation but the debtor
_ alone who is at fault (causing delay, negligence, fraud) is responsible for damages.
ABC, solidary promised to pay 9M to XYZ, solidary on 15 February 2016.
On 15 February 2016, B paid the entire obligation. ABC, promised to pay 9M to XYZ, solidary, on 5 February 2016. The obligation is
evidenced by a promissory note.
How much can B collect from A? Only 3M. The Promissory note was endorsed and negotiated to P, then to Q, then to A, who paid
only 7M.

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How much can A collect from B? Only his share (3M) of the 9M and not the 7M. _
Why? The 7M was only a consideration to the endorsement/negotiation and not the object ABC, solidary, promised to pay 9M to XYZ, solidary on 13 February 2016.
of the Promissory Note. On 13 February 2016, A paid 9M.

_ How much should X give to Y? 3M. Z? 3M

ABC, solidary, promised to pay 9M to XYZ, solidary to be paid on 15 February 2016. If only 3M was paid to X reserving his right to collect the remaining? 1M to Y and 1M to
On 1 January 2016, X obtained a loan from A due on 17 February 2016. Z. Why? Mutual agency.

What happens to the obligation? Extinguished through compensation by operation of law. _

How much can A collect from C? 3M. On 1 January 2016, ABC, solidary, promised to pay 9M to XYZ on 13 February 2016.
On 1 March 2015, X agreed that A will construct his house instead.
A spent 12M.
_
On 1 January 2105, ABC, solidary, promised to pay 9M to XYZ on 15 February 2016. How much should X give to Y? 3M. To X? 3M.
On 1 March 2015, X agreed that A build a house in lieu of the obligation. How much can A collect from B? 3M. C? 3M.
A spent 12M in the construction. What if A spent only 6M. How much should X give to Y? X?
How much can A collect from B? C?
How much can A can collect from B? Only 3M.
Can A recover the excess to X? Y? Z? _
How much can Y collect from X? Only 3M. SBC, solidary, promised to pay 9M to XYZ, solidary if and when X passes his Bar exams.
On 2 February 2016, A paid X the entire amount.
_
ABC, promised to pay 9M to XYZ, solidary on 15 February 2016. How much can A collect from B? None, pending the condition, there is no obligation.
On 14 February 2016, X condoned the entire obligation in favor of A. A accepted (CASINO
NOTE: Condonation must be accepted by the beneficiary). _
In 1 January 2016, ABC, solidary, promised to pay 9M to X.
Can A collect from B? C? No. A promised to pay on 31 December 3016,
Can Y or Z collect from X? Yes. At the time of the perfection of the contract, B was insane.
C promised to pay if and when X will marry Y.
_ On 2 February 2016, X and Y married.
ABC, solidary, promised to pay 9M to XYZ, solidary on 15 February 2016.
On 14 February 2016, X condoned the share of A. Can X demand payment from C? Yes. How much? Only 3M (although B’s share is also
X demanded payment from C. demandable because it is pure, C can set up the defense of B’s insanity). How about to
C paid 3M to X. B? No, insanity is a defense.

Can X demand from A? No. _

How much can X demand from B? Only 3M. Is an obligation not to do, divisible or indivisible?
Presumption: Indivisible
If C paid 6M,

How much can C recover from A? None. From B? 3M only. SECTION 6. - OBLIGATIONS WITH PENAL CLAUSE
If B became insolvent, how much can C recover from A? 1.5M
How much can Y collect from X? 3M only. On 1 January 2016, A promised to deliver a specific car to B on 14 February 2016.

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They agreed that in case of default, A is to pay the value of the car (400K) + 100K as
damages.
On 14 February 2016, while A was on its way to deliver the car, the car was destroyed
through the fault of A.

Can A recover other damages than that of the penalty? No, substitute unless there is a
stipulation.
CASIÑO NOTES: To enforce penalty, 1) Prove the existence of the obligation, and 2) that
there was a breach (Art. 1170)
_
On 1 January 2016, A promised to pay B 100K on 5 February 2016.
They agreed that in case of default, A is to pay 15% of the principal obligation as penalty.
In 5 February 2016, A defaulted.

May B recover the penalty? No, there is no breach yet. A was not yet in delay because
there was no demand yet.

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