law

1. 1. The driver’s obligation arose from a quasi-delict , one of the sources of obligations. The code also provides that
whoever by act or omission causes damage to another, there being fault or negligent, is obliged to pay for
damage done and such fault or negligence is called a quasi delict. Also, A can claim for actual damages as the civil
code provides that except as provided by law or stipulation, one is entitled to actual or compensatory damges
only for such pecuniary loss suffered by him as he has duly proved. Likewise, the civil code also provides that
indemnification for damages shall comprehend not only the value of the loss suffered but also the profits which
the oblige failed to obtain. the salary is 50k thus her inability for 2 months amounting to 100k. she can also claim
her expenses for medical fees and 2 months salary. Accordingly, she can claim damages on behalf of her unborn
baby. as explicitly provided in the CC, a conceived child, although yet unborn, is given by law a provisional
personality of its own for all purposes favorable to it. To claim for moral damages she must prove that she
suffered physical suffering and mental anguish and fright, besmirched reputation, wounded feeling. Moral shock,
social humiliation. She must also prove that the recklessness produced the physical injury in natural and
continuous sequence, unbroken by any efficient intervening cause, produce injury without which she would have
not suffered the same, that it is the proximate cause of the injury.
2. Judicial declaration of presumptive death is necessary only for the purpose of contracting a subsequent. Under
the civil code, for the purpose of contracting subsequent marriage contracted by a person who had well-founed
belief that his/her spouse who had been absent for 4 consecutive years was already dead, the spouse present
must institute a summary proceeding for the declaration of presumptive death of the absentee.
3. An illegitimate child, shall be under the parental authority of the mother. Under FC, children conceived and born
outside a valid marriage are illegitimate, thus the court has held that recognition by the father could be a ground
for ordering the latter to give support to, but not custody and authority over the minor and that only most
compelling reason such as mother’s unfitness to exercise sole parental authority, shall justify her deprivation of
parental authority and award the custody to someone else. Accordingly, illegitimate children has the right to
decide if they want to use the surname of their father or not. If they are still minor, however, the decision to
use the father’s surname may be exercised for them by their mother pursuant to the latter’s parental authority.
4. Divorce decree obtained by Filipino in other country has legal effects and maybe recognized in the PH and
consequently capacitate F to remarry. Under FC, a F citizen has capacity to remarry after initiating a divorce
proceeding abroad and obtaining an favorable judgment against alien spouse who is capacitated to remarry.
5. In ordinary donation inter vivos, the CC provides that If the value of personal property exceeds 5k, the
donation and the acceptance shall be made in writing otherwise, the donation shall be void. Assuming that the
donation is valid, the done cannot revoke the donation even if a wedding will not takes place because this is not
donation propter nuptias or danation by reason of marriage. Conversely, it is a donation in favor a child.
6. In absolute community:
a. Property acquired during marriage through gratitious title, including its fruit and income unless expressly
provided to from part in CP
b. Property for personal and exclusive use except jewelries
c. Property acquired before marriage who has legitimate ascendants by a former marriage and the fruits as well
as income
7. Conjugal partnership
a. Property brought to the marriage as his or her own
b. Property which each acquires during marriage by gratitious title
c. Acquired by right of redemption by barter or exchange with property belonging to only one spouse
d. Purchase with exclusive money of wife or husband.
8. Under the civil code, only the owner of the land which anything has been built, sown or planted, has the right to
appropriate as his own the works, sowing and planting, after payment of indemnity for necessary expenses and
useful expenses where applicable or to obliged tha one who built or planted to pay the price of the land and the
one who sowed, the proper rent; however, the builder or planter cannot obliged to buy the land if its value is
considerably more than that of the building or trees. Here, the law grants the said right to the owner.
9. Machinery which is movable property in its nature only becomes immobilized when placed in a plant by the
owner thereof in a land or building which is also owned by him, for an industry or works which may be carried
on in a tenement and which tend to directly to meet the needs of said industry or works. But when placed by

2. the tenant , a usufructuary pr any person having ony temporary right, unless that person acted as agent of the
owner.
10. Usufruct gives right to enjoy the property of another with the obligation of preserving its form and substance
unless the title constituting it or law otherwise provides. Here, the usufructuary may make on the property held
in usufruct any useful improvements, or expenses for mere pleasure which he may deem proper, provided he
does not alter its form or substance, but he shall have no right for indemnity. He may however remove such
improvements should it be possible to do so without injury to the property.
11. The code provides that lower estate is only onliged to received water which naturally and without of man
descend from higher estate and not those which are due to the massive spillover from construction made.
12. For an action for quiet of tile the following requisites must be present
a. Plaintiff or complainant has legal and equitable title to or interest in the real property of the action
b. The instrument, record or claim to be casting cloud on his title must be shown to be in fact invalid and
inoperative despite prima facie appearance of validity or legal efficacy.
Here, A and B are registered owners of the land and the deed of sale cast cloud on their title may be shown to
be invalid or inoperative. The action of quieting of title does not prescribe because they are in possession of said
land. Also, anyone of the co-owners may bring such action in ejectment even without joining all the other
because it is deemed to be institute for the benefit of all. Parenthetically, if A losses the action, it will not affect
others because the court did not acquire jurisdiction over their persons.
13. D dies intestate and his heirs are his mother (legit) and two sons (ille) The mother gets one-half of his estate
and two illegitimate sons gets the other half. W being commonlaw wife is not an heir an intestate because she is
not a legal spouse.
14. Fideicommissary substitution by virtue of which the fiduciary or first heir instituted is entrusted with the
obligation to preserve ad to transmit to a second heir the whole or part of the inheritance, shall be valid and
shall take effect, provided such substitution shall not go beyond one degree form the heir originally instituted.
Here, status of legitimacy is not a requirement as the law refers “heir” does not distinguish.
15. Statute of fraud only applies to purely executory contracts; partial performance removes the contract from the
ambit of the statute of fraud and not to partially or completely executed contract. Under CC, whenever earnest
money is given in a contract of sale, it shall considered as part of the price and as proof if the perfection of
contract.
16. The court held that provisions of the CC on guarantee, other than the benefit of excussion, are applicable and
available to the surety. Under CC, an extension granted to the debtor by the creditor without the consent of
the guarantor extinguishes the guaranty. Here, the parties entered into surety. Accordingly , under the contract
of surety, the excussion shall not take place if the guarantor has bound himself solidarily with the debtor.
17. The following are requisites of valid compensation
a. Each of the obligors are bound principally and that he be at the same time creditor of the other
b. Both debts consist in a sum of money or if the things due are consumable, they be of the same kind and also
the same quality if the latter has been stated
c. Two debts are due
d. Liquidated and demandable
e. Neither of them there be any retention or controversy, commenced by third person and communicated in
due time to the debtor.
In this case, compensation takes place by operation of law and extinguishes both debts to the concurrent
amount even though debtor and creditor are not aware of this compensation
18. Waiver of notice or demand is legal and valid. Although the CC provides that one incurs in delay or in default
from the time the obligor demands the fulfillment of the obligation from the oblige. The law provides that
demand is not necessary under certain circumstances and is when parties expressly waive demand.
19. Novation is express when the new obligation declares unequivocal terms that the obligaton is extinguished and
it is implied wwhen the new obligation is incompatible with the old one on every point. When there is neither a
valid new contract nor clear agreement between the parties to a new contract, there is no novation.
20. The marriage is voidable for lack of parental consent. The Fc provides that parental consent is required where
wither or both parties are 18 and 21 years old at the time of marriage. Being step-siblings is immaterial under
the FC and it will not render the marriage void since such is not considered incestuous or against public policy.

3. Here, voidable marriages may be ratified by free cohabitation of the parties by living together as husband and
wife attaining the age of 21 provided the parents have not filed an action for annulment before the parties have
reached 21 years.
21. Children conceived or born before the judgment of absolute nullity of marriage because of psychological
incapacity has become final and executory shall be considered legitimate. The property regime that will be
liquidated is co-ownership under Article 147 of FC, when man and woman who are capacitated to marry each
other live exclusively with each other as husband and wife under a void marriage, their wages and salaries shall
be owned by them equally and properties acquired by bith through their work or industry shall be governed by
the rules of co-ownership. Since it is co-ownership S is not entitled to presumptive legitime. The liquidation of
the co-ownership did not provide fir the obligation to pay legitime as this only applies to AC and CP.
22. Under our law, it does not provide sanction change of name and correction of entry in the civil registrar as to
sex on the ground of sex reassignment. Considering there is no law legally recognizing sex reassignment, the
determination of a person sex made at the time of his or her birth if not attended by error is immutanble.
23. Jurisprudence provides that where a gender is biologically or naturally intersex, the determining fsctor of his
gender classification would be what the individual having reach the age of maturity, with good reasons thinks of
his sex. Let nature of take its course ans has taken unnatural steps to arrest or interfere with what he was born
with.
24. Law relating status, condition and legal capacity of persons are binding upon citizens of the PH even though living
abroad. One of the requisites of a marriage is that the contracting prties must be a male and female.
25. In case a builder is bad faith and landowner also acted in bad faith, their right shall be the same as though they
bith acted in good faith. In case where both acted in good faith, the landowner does not have the option to
demand the demolition of the work.
26. Doctrine of relative revocation is a rule where the revocation of the old will is a suspensive condition or
depends upon the efficacy of the new disposition, and if the new will as substitute is inoperative, the revocation
fails and the original will remains in force. But it does not apply when the revocation of original qas not through
execution of subsequent qill with revocatory clause but through destruction with the intent to do so.
27. The doctrine of dependent relative revocation does not apply where the new will is rendered ineffective due to
renunciation of the heirs instituted therein. Renunciation has nothing to do with the validity og the will but only
pertains whether or not the heirs acxept their share in the inheritance. Since the will is still valid, the doctrine
does not apply.
28. If usufruct is constituted on immovable property of which building forms part, and the latter should be
destroyed in any manner whatsoever, the usufructuary shall have the right to make use of the land and the
materials. Accordingly, if it is granted for the time that may lapse before a third person attains a certain age, shall
subsist for the number of years specified even if the third person should die before the period expires, unless
such is granted only in consideration of the existence of such person or contrary intention clearly appears.
29. There is a legal subrogation when, even without the knowledge of the debtor, a person interested in the
fulfillment of obligation pays, without prejudice to the effects of confusion as to the latter’s share. A person
interested in the fulfillment is one who will benefit from the extinguishment of the obligation
30. A contract of simple loan is created when a depositor opens a deposit account in a bank. Fixed, savings and
current deposits of money in banks and similar institutions shall be governed by the provisions concerning
simple loan. The creditor is the depositor and the debtor is the bank. In bank, hold out agreement can be invoke
only if there is a valid and existing obligation arising from sources of obligation. accordingly, if the case is still
pending and no judgment of conviction has been promulgated, the depositor has no valid and existing obligation
to the bank.
31. Prohibition against further collection only applies when the seller chooses ti foreclose the chattel mortgage and
not when it opts to exact the fulfillment of the obligation. here, the machineries were sold in execution sale not
in foreclosure sale. Noted however, the commencement of collection suit, waived its mortgage lien. Remedies
of an ordinary action to collect debt and foreclosure of the real estate mortgage are alternative and not
commulative. Meaning, the election of one remedy operates as waiver of the other.
32. No proprietor shall make excavation of his land as to deprive adjacent land or any building of sufficient lateral
and subjacent support. Easement exist in favor of the property of lower elevation since the civil code does not
make distinction as to the elevation of property. in this case, annotation of the existence of the lateral and

4. subjacent support is no longer necessary because it exist whether or not it is annotated or registered in the
registry of deeds. The judicial declaration of the same already binds the property and the owner of the same
including her successor-in-interest.
33. The requirement that the adopter must be at least 27 years old and at least 16 years older then the adoptee
shall not apply if the adopter is the spouse if the parent in nature of the adoptee
34. The property relations of the two shall be divided equally since under CC it is governed by the law of co-
ownership because they lived exclusively with each other as husband dand wife and they were capacitated to
marry each other. Under said provision, the wage and salaries shall be owned by them equally in equal share.
The properties acquired through their work and industry shall be governed by the rules on co-ownership and in
the absence of proof to the contrary, properties acquired through cohabitation shall be presumed to have benn
obtained through their joint efforts.
35. S and SMA may be held solidarily liable for breach of contract of carriage because it failed to bring the passenger
to latter’s destination as agreed in the contract. SMA is an indeoendent contractor and not an agent of S, bothe
are solidarily liable for breach of contract by tort, and when the same act or omission causes injury , one
resulting in culpa contractual and the other culpa acquiliana. Stated differemntly, when act which constitute a
breach of contract would itself constituted the source of a quasi delictual liability had no contract exsited
between parties, contract can be said to have been breached by tort thereby allowing the rules on tort to apply.
36. If based on contract, company shall be laible for actual damages but not on moral damages. As common carrier
it is required to observed due diligence and the law expressly provides that its liability does not cease upon
proof that it exercised the diligence of a good father of a family in selecting and supervising its driver. It is not
liable, however, for moral damages as it requires to have acted fraudaulently or in bad faith, which is not
provided in the facts. If the action, however, is anchored under quasi delict, it is liable for both. As common
carrier, it is required to exercise extraordinary diligence. Moral damages amy be awarded under the CC if the
plaintiff suffered physical imjuries as a result of quasi-delictual act.
37. Marriage is voidable when afflicted with age as it is considered as serious and incurable sexually-transmitted
disease at the time of marriage. For marriage to be annulled, under the CC, the sexually transmitted disease
must be (1) existing at the time of marriage (2) found to be serious and incurable and (3) unknown to the other
party.
38. Marriage is void when one of the contracting parties committed a crime in order to free herself from
impediment to remarry by reason of public policy. The family code provides thar marriage between parties
where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse is
void from the beginning for reasons of public policy.
39. The requisites of a valid marriage under the family code. (1) prior spouse had been absent for four consecutive
years, when the disappearance is in danger of death which requires 2 years. (2) the present spouse had a well-
founded belief that the absent spouse was already dead and (3) spouse present must institute a summary
proceeding for declaration of presumptive death.
40. there is valid marraige as there were no facts showing that both have properties and children which would
render the marriage void under article 53 of the FC. For the properties must be partitioned and distributed , the
presumptive legitimes of children, if any, must have been delivered and the aforementioned facts must be
recorded in the civil registry and registries of properties. In addition, both have no impediment to marry.
41. If both lived together as husband and wife for 10 years prior to their marriage , then the marriage without
securing a marriage license if valid provided no legal impediment to marry each other. This is an exception
provided in the FC code for the necessity to secure marriage license to contract valid marriage when both have
lived together for at least 5 years as husband and wife without legal impediment.
42. For agricultural land converted to alienable and disposable it shall remain a property of public dominion. Under
jurisprudence, there must be an express declaration by the state that the public dominion property no longer
intended for public service or the development of national wealth or that the property has been converted into
patrimonial. Without such express declaration, the property, even classified as alienable or disposable, remains
property of public dominion.
43. For timber land declared that it is no longer intended for public use or public service converted the same into
patrimonial, provided that such express declaration was in the form of law duly enacted by the congress or in a
Presidential Proclamation, in cases when president was dulu authorized by law.

5. 44. Property of public dominion are nor susceptible to acquisition and prescription. According to jurisprudence, the
classification of the subject property as alienable and disposable land of the public dominion does not change the
property into patrimonial, there must be express declaration by the state that the public dominion property is
no longer intended for public service or the development of national wealth or that the property has been
converted into patrimonial.
45. One of the requisites for a compulsory grant of right of way is that the estate of the claimant of the right gi awat
must be isolated and without adequate outlet to public highway. The true standard for the grant is “adequacy” of
outlet going to highway and not the convenience of the dominant estate.
46. Contract of sale maybe conditional or absolute. In contract of conditional sale, the buyer automatically acquires
title to the property upon full payment of the purchase price. This transfer is by operation of law without
further act having performed by the seller. Otherwise stated, the vendor losses ownership over and cannot
recover it until and unless the contract is resolved or rescinded.
47. Sale of land is void because it was executed without authority of court or the written consent of the other
spouse. Here, no indication the spouses executed a marriage settlement prior to marriage which means the
property regime of spouses is the absolute community property. under the ACP regime, the parcel of land
belongs to the community property a the property was brought into the marriage even if said property was
registered in the name of one spouse.
48. Contract of sale is voidable when one of the contracting parties is a minor thus incapable of giving consent
49. Contract is valid and may nt be annulled by either party due to the ratification by the parents if done while both
were minors.
50. Contract is rescissible when debtor sold his car to other person to evade creditors because it is in fraud of
creditors.
51. Under CC, id debtor binds himself to pay whem his means permit him to so do , the obligation sgall be deemed
to be one with a period. The court may fix a period if such was intended frim the nature of the obligation and
mat also fix the duration of the period when such depends on the will of the debtor.
52. An owner in good faith has the right to appropriate as his own after payment of indemnity which are necessary
expenses. As to useful expenses, Juan has the option to either refund the amount of the expenses or pay the
increase in value which the land may have acquired by reason thereof. Alternatively, under the CC, Juan has the
right to oblige Pedro to pay the price of the land. However, Pedro cannot be obligef to buy the land if its value is
considerably more than that of the house. In such case, he shall pay reasonable rent , if juan does not choose to
appropriate the house after proper indemnity. It is the owner of the land in good faith who has the right to
exercise such options.
53. If Pedro is bad faith and Juan the owner in good faith. Juan has the following option: (1) appropriate the
improvements without indemnity (2) demand the demolition of the house in order to replace things to their
former condition at P’s expense or (3) compel P to pay the price of the land. In addition to the damages he is
entitled to.
54. Under the CC, the owner of the lands adjoining the banks of the river belong the accretion which they gradually
receive from the effects of the current of waters. The accretion, however, does not automatically become
registered land; it must be brought under the torrens system of registration by the riparian owner. Since he did
not, then the increment , not being registered land, was open to acquisition through prescription by 3rd person.
55. The right of the owner to file suit to recover their property is not barred by prescription. Proof of possession
by the owner in an action for reconveyance is immaterial and inconsequential. The delay incurred cannot be
construed as deliberate and intentional because they were cimple coerced out of the place and threatened with
death if they retur, thus they could not file the action.
56. Dation in payment, whereby property is alienated to the creditor is satisfaction of a debt in money, shall
governed by the law of sales. Here, as a special mode of payment of an outstanding debt. The undertaking really
partakes in one sense of the nature of sales, that us, the creditor is really buying the thing or property of the
debtor, payment for which charged to the debtor’s debt. As such, being a contavt of sale, essential requisites
must present such as, consent, object, cause or consideration.
57. Novation is never presumed, and may only take place when the following requisites are present : (a) previous
valid obligation (b) the agreement of all partied to the new contract (c) extinguishment of the old contract (d)
validity of the new one. There must be consent of the parties to the substitution, resulting to the extinction of

6. the old obligation and the creation of the new one is valid. Surety may only reliev himself from undertaking if
there is a material change in the principal contract and such would make the obligation of the surety onerous.
58. This is clear from the provision of No. 3 of Art. 1198 of the Civil Code which declares that when by his own
acts the debtor has impaired the guaranty or security, or when through a fortuitous event the guaranty or
security disappears, the debtor shall lose the benefit of the term or period. It must be observed that there is a
difference between the effect of impairment and the effect of disappearance as applied to the security or
guaranty. The rules may be restated as follows:
(1) If the guaranty or security is impaired through the fault of the debtor, he shall lose his right to the benefit of
the period; however, if it is impaired without his fault, he shall retain his right.
(2) If the guaranty or security disappears through any cause, even without any fault of the debtor, he shall lose
his right to the benefit of the period. In either case, however, the debtor shall not lose his right to the benefit of
the period if he gives a new guaranty or security.
59. This is clear from the provision of the above answers are clearly deducible from Art. 1208 of the Civil Code
which declares that if the obligation is joint, the credit or debt shall be presumed to be divided into as many
equal shares as there are creditors or debtors, the credits or debts being considered as distinct from one
another, subject to the Rules of Court governing the multiplicity of suits. Take the credit of P12, 000 for
instance. Since there are two creditors there will also be two credits of P6, 000 for each creditor. In the case of
the debt of P12, 000, since there are three debtors there will also be three debts of P4,000 against each debtor.
Now, as far as A, the first creditor, is concerned, if he wants to collect his credit of P6, 000, he must proceed
against all the debtors. Thus he will be able to collect P2, 000.00 from X, P2, 000 from Y, another P2, 000 from
Z. The same is true in the case of B, the second creditor.
60. In similar cases decided by the Supreme Court (Gonzales vs. Jose, 66 Phil. 369; Patente vs. Omega, 49 OG 4846)
it was held, that where the debtor promises to pay his obligation as soon as he has money or as soon as
possible, the duration of the term or period depends exclusively upon the will of the debtor; consequently, the
only remedy of the creditor is to bring an action against the debtor in accordance with Art. 1197 of the Civil
Code for the purpose of asking the court to fix the duration of the term or period. It is only after the duration
of the term or period has been fixed by the court that any other action involving the fulfilment or performance
of the obligation can be maintained.
61. This has always been the consistent doctrine in this jurisdiction. Settled is the rule, there should have been a
substitution of debtor through expromision within the resulting in novation of the obligation. Here, there was
none. C merely wrote a letter to the creditor B stating that he would take care of A’s debt. The problem does
not even say that B gave his assent or consent to C’s statement. In the second place, even assuming that there
was a substitution of debtor, C’s liability depends upon a suspensive condition, that he would take care of A’s
debt as soon as A had made a shipment of logs to Japan. A never made such shipment. Therefore, C’s liability
never became effective (Villanueva vs. Girged, 110 Phil. 478).
62. Under Article 1181of the Civil Code, 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.
63. (1) The heirs of P and Y may proceed against D and his employer under the Penal Code. In this case, the source
of the liability of D and of his employer is the crime committed by D (culpa criminal). The liability of D is direct
and primary (Art. 100, RPC); the liability of his employer is subsidiary (Art. 103, RPC). The latter cannot relieve
himself of liability by proving due diligence of a good father of a family. This is so because of the very nature of
his obligation.
2. Heirs of P: The heirs of pedestrian P may proceed against both D and his employer, or against the latter only.
In this case, the source of the liability of D and his employer is the quasi-delict (culpa aquiliana) committed by D.
The liability of both is direct and primary. D’s employer can relieve himself of liability by proving due diligence of
a good father of a family in the selection and supervision of his drivers.
3. Heirs of Y: On the other hand, the heirs of Y may proceed against D’s employer only. The source of the
liability of D’s employer, in this case, is the breach of his contract of carriage with Y (culpa contractual). His
liability is direct and primary. He cannot relieve himself of liability by proving due diligence of a good father of a
family.

7. 64. Under the NCC, in reciprocal obligations there is always a tacit resolutory condition that if one party is unable
to comply with what is incumbent upon him, the injured party has the power to rescind the obligation (Art.
1191). The right to rescind is implied only if not expressly granted; no right can be said to be implied if expressly
recognized. The mutual agreement, therefore, was subject to a resolutory condition the happening of which
would extinguish or terminate their right of usufruct over the subject properties. The facts are clear. Said
condition has already been fulfilled.
65. Under the Civil Code, even if his written contract is voidable because of minority he shall make restitution to
the extent that he may have been benefited by the money received by him (Art. 1399, Civil Code).
66. According to the Civil Code, when the debtor binds himself to pay when his means permit him to do so, the
obligation shall be deemed to be one with a period, subject to the provisions of Art. 1197. In other words, it
shall be subject to those provisions ofthe Code with respect to obligations with a term or period which must be
judiciary fixed.
67. According to the Civil Code, any third person who induces another to violate his contract shall be liable for
damages to the other contracting party. In the law of torts, we call this “interference with contractual relation.’’
However, in order that it will be actionable, it is necessary that the following requisites must concur: (a) the
existence of a valid contract; (b) knowledge on the part of the third person of the existence of such contract;
and (c) interference by the third person without legal justification or excuse. All of these requisites are present
in the case at bar.
68. According to the Civil Code, advertisements for bidders are simply invitations to make proposals, and the
advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears (Art. 1326).
69. It is clear that the general rule applies in the instant case.
(a) This is clear from the Civil Code, which declares that the contractor is liable for damages if within fifteen
years from the completion of the edifice or structure, the same should collapse on account of defects in the
construction. lf the engineer or architect who drew up the plans and specifications of the building supervises the
construction, he shall be solidarily liable with the contractor. Acceptance of the building, after completion, does
not imply waiver of the cause of action. However, the action must be brought within ten years following the
collapse of the building.
(b) The obligation of both A and B is an obligation to do. Consequently, Art. 1167 of the Civil Code is
applicable. According to this article, if a person obliged to do something does it in contravention of the tenor of
the obligation, the same shall be executed at his cost. It is obvious that the builder B and the architect
70. Under the Civil Code, in order that there will be a valid and effective compensation, it is essential that there
must be two parties, who in their own right, are principal creditors and principal debtors of each other.
71. The agreement, being an agreement of sale of real property, is covered by the Statute of Frauds It cannot,
therefore, be enforced by a court action because it is not evidenced by any note or memorandum or writing
properly subscribed by the party charged.
72. It is an honored-rule that a creditor cannot be compelled to receive partial payments of the obligation due him,
there being no stipulation to the contrary. B may still demand full payment of the sum due him. The payment to
his son, who does not appear to have been authorized to receive it, is invalid, the creditor not having received
any benefit therefrom.
73. In the following instances, a person is still civilly liable for failure to comply with his obligation although he was
prevented from doing so by a fortuitous event: When by law, the debtor is liable even for fortuitous events;
When by stipulation of the parties, the debtor is liable even forfortuitous events; When the nature of the
obligation requires the assumption of risk; When the object of the obligation is lost and the loss is due partly
tothe fault of the debtor; When the object of the obligation is lost and the loss occurs after the debtor has
incurred in delay; When the debtor promised to deliver the same thing to two or more persons who do not
have the same interest; When the obligation to deliver arises from a criminal offense; and When the obligation is
generic.
74. This is explicitly recognized by the New Civil Code that if obligation is to give a generic object because the
object is designated merely by its class or genus without any particular designation or physical segregation from
others of the same class. An action for specific performance is, therefore, legally and physically impossible.
Consequently, the remedy of B is to ask for the delivery of a 21-inch 1983 model TV set which must be neither
of superior nor inferior quality.

8. 75. Under the New Civil Code, if the debtor or obligor is refuses or is unable to comply with his obligation,
assuming that the obligation is a determinate obligation to give, the remedy of the creditor or obligee is to bring
an action against the debtor or obligor for specific performance. Additionally,he can recover damages.
76. Well-established is the rule that if obligation is to do, the law recognizes the individual’s freedom to choose
between doing that which he has promised to do and not doing it. It falls within what commentators call a
personal act, of which courts may not compel compliance as it is an act of violence to do so.
77. The remedy, therefore, of B is to have the obligation executed at the expense of A. Additionally, he can recover
damages from A. The promise to pay is subject to a term. When there is a pre-existing obligation and the
"condition" affects only the time of payment such "condition" can be considered as a period. In other words, the
parties must be deemed to have contemplated a period, "When the debtor binds himself to pay when his means
permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article
1197."
78. Novation results in two stipulations—one to extinguish an existing obligation, the other to substitute a new one
in its place. Fundamental it is that novation effects a substitution or modification of an obligation by another or
an extinguishment of one obligation by the creation of another. In the case at hand,we fail to see what new or
modified obligation arose out of the payment by judgment debtor of the reduced amount of P4,000 to the
creditor. Additionally, to sustain novation necessitates that the same be so declared in unequivocal terms clearly
and unmistakably shown by the express agreement of the parties or by acts of equivalent import—or that there
is complete and substantial incompatibility between the two obligations.
79. Under the principles of obligatoriness of contracts which provides that obligations arising from contracts have
the force of law between the parties. The law provides: "When the service has become so difficult as to be
manifestly beyond the contemplation of the parties, the obligor mayalso be released therefrom, in whole or in
part."
80. Pursuant to the NCC, non-compliance with a condition imposed by a donor gives rise to an action to revoke
the donation under Art. 764, NCC. However, the right of action belongs to the donor. Is transmissible to his
heirs, and may be exercised against the donee’s heirs. Since Armando is an heir of the donee, not of the donor,
he has no legal capacity to sue for revocation of the donation. As a forced heir, Armando's interest In the
property was, at best, a mere expectancy. The sale of the land by his mother did not impair any vested right.
The action for rescission may be brought only by the aggrieved party to the contract. Since it was Salvador who
failed to comply with his conditional obligation, he is not the aggrieved party who may file the action for
rescission but the Star Semiconductor Company. The company, however, is not opting to rescind the contract
but has chosen to waive Salvador's compliance with the condition which it can do under Art. 1545,NCC.
81. The buyer has not committed any breach, let alone a substantial or serious one, to warrant the
rescission/resolution sought by the vendor. It is a time-honored rule that the relation existing between a
depositor and a bank is that of creditor and debtor. Consequently, as a general rule, a bank has a right of set off
of the deposits in its hands for the payment of any indebtedness to it on the part of a depositor.
82. Yes, the sale to the other person is valid. However, the buyer acquired the property subject to a resolutory
condition of Eva passing the 1998 Bar Examinations. Under Art. 1164, there is no obligation on the part of
Manuel to deliver thefruits (rentals) of the thing until the obligation to deliver the thing arises.
83. As the suspensive condition has not been fulfilled, the obligation to sell does not arise. Since the amount of the
balance is more than 5,000 pesos, the acceptance by Arturo of the condonation must also be in writing under
Article 748. There being no acceptance in writing by Arturo, the condonation is void and the obligation to pay
the balance subsists.
84. Extraordinary inflation or deflation is defined as the sharp decrease in the purchasing power of the peso. Itdoes
not necessarily refer to the exchange rate of the peso to the dollar. Whether or not there exists an
extraordinary inflation or deflation is for the courts to decide. There being no showing that the purchasing
power of the peso had been reduced tremendously, there could be no inflation that would justify the increase in
the amount of rental to be paid.
85. Obligations; joint/ solidary liability; joint (2001 BAR) There is solidary liability only when the obligation expressly
so states or when the law or nature of the obligation requires solidarity (Art. 1207, NCC). The contract of lease
in the problem does not, in any way, stipulate solidarity. A solidary debtor may avail himself of any defense
which personally belongs to a solidary co debtor, but only as to the share of that co-debtor.

9. 86. Applying the principle of mutual guaranty among solidary debtors, A guaranteed the payment of D’s share and of
all the other co-debtors. Hence, A cannot avail of the defense of D’s insolvency.
(a) The obligation is valid. It is an obligation subject to an indefinite period because the debtor binds himself to
pay when his means permit him todo so (Article 1180, NCC). When the creditor knows that the debtor already
has the means to pay, he must file an action in court to fix the period, and when the definite period as set by the
court arrives, the obligation to pay becomes demandable 9Article 1197, NCC).
(b) The obligation “to pay when he likes” is a suspensive condition the fulfilment of which is subject to the sole
will of the debtor and, therefore the conditional obligation is void. (Article 1182, NCC).
(c) The obligation is valid. It is subject to a suspensive condition, i.e. the future and uncertain event of his
becoming a lawyer. The performance of this obligation does not depend solely on the will of the debtor but also
on other factors outside the debtor’s control.
(d) The obligation is valid. The death of the son of cancer within one year is made a negative suspensive
condition to his making the payment. The obligation is demandable if the son does not die within one year
(Article 1185, NCC).
87. As a general Rule, the making of wills is a personal act, therefore it cannot be left in whole or in part to the
discretion of a 3rd person, except when;
(1) If what is delegated is the manner of distribution of specific property or sum of money that the testator leave
in general to specified class or causes provided the testator has already determined the property or amount of
money to be given, or;
(2) the designation of the person, establishement or institution to which such property or sum pf money to ve
given or applied provided the testator has already determined the class or cause to be benefited. In case of a
poor, in the absence of desination, it shall be the poor in the locality of the testator.
88. General rule, if some disposition are invalid, it does not result to invalidity of the other disposition, except when
it is to be presumed that the testator would not have made such other disposition if the first invalid disposition
had not been made.
89. Generally, the property acquired after the execution of will are not deemed included among the properties
disposed of the will except the contrary intention appears in this case the disposition which states “whole estate
or entire inheritance. Generally, if the testator owns the entire inheritance, it shall cover all the interest which
testator could devise or bequeath in the property disposed of except, if it clearly appears that testator intended
to convey a lesser interest.
90. Generally, if the testator owns a part or interest in property, the legacy of devise shall be understood limited to
such part or interest regardless whether or not the testator knows that the thing is party own or not, except,
when the testator would expressly declares that he gives the entire thing to the devisee pr legatee and he
knows that the thing bequeathed partly belongs to another. In this case, the testator is ,liable either; should he
subsequently acquire the property, it shall pertain to devisee or legatee; shpuld he failed, the heirs upon whom
the obligation is imposed must acquire the property or should the 3rd person refuses to alienate the same or
demands for an excessive price, the heirs are obliged to give the just value of the interest of the 3rd person.
91. For intrinsic validity, it is the national law of the person whose succession is under consideration and the law in
force at the time of death of testator. Conversely, formal validity is governed by the law of the country in which
they are executed and the law in force at the time of the execution of the will.
92. Well-settled is the rule, that soundness of mind is determined when the testator knows the nature of the estate
to be disposed, the proper object of his bounty and the character of the testamentary act.
93. Generally, law presumes sanity hence, burden of proof is upon the person who alleges that the testator is
unsound mind at the time of the execution of the will. Except when the following circumstances are present, to
wit; (1) the testator 1 month or less before the execution of the will was publicly known to be insane or; (2) the
testator executed a will after being placed under guardianship, in case of insanity as such was made before the
was lifted.
94. The attestation clause must expressly states that (1) number of pages used upon which the will was written (2)
the fact that the testator signed the will and every page thereof, or cause some other person to write his name
under his express direction in the presence of of the instrumental witness (3) the fact that the witness witnessed
and signed the will and all pages thereof in the presence of testator and of one another

10. 95. Jurisprudence provides the true test of presence of the testator and the witnesses is when the witness could see
everything that took place by merely casting his eyes in the proper direction; and without any physical
obstruction to prevent his doing so.
96. Settled in the rule, that testator name must appear both in the attestation and disposition portion, in the
absence of one, it is not deemed as signed with the testator’s name. this is to prevent fraud or interpolations
between the testamentary dispositions and the signature.
97. As a general rule, if the witness receives by way of legacy or devise, the will shall remain valid as it does not
disqualify him to be a witness but shall only invalidate the devise or legacy in favor of the witness Unless, if there
are 3 competent witnesses aside from him, the testamentary disposition in favor of the witness shall be valid.
98. As a rule, signature placed in the left margin is merely directory, it is sufficient that every page except the last ,
the signature of the testator and witnesses are present. The purpose of signing each page is to avoid the
substitution of any of the said sheets and thereby changing the testator’s disposition. The authenticity and
genuineness of the will may be supplied by other form of identification mire trustworthy other than the
conventional numerical words or characters. The numbering is not required when all the disposition is
v=contained I one page, the object of statute disappears. GEN RULE, failure to state the facts in the attestation
clause will render the will a fatally defective and cannot be proven by oral evidence or proof aliunde to supply
the omission except, when the defects can be remedied by intrinsic evidence supplied by the will itself