Homework No.

1
Sapalaran, Ma. Carmela P
ECE70/A11
mcpsapalaran@hotmail.ph

TITLE I reverses, and he was short of cash

even for his current family’s
CHAPTER 1
needs. Is D legally justified to
1. X saw at about one (1:00p.m.) in refuse to pay C?
the afternoon a child alone in a
shopping mall. The child who CHAPTER 2
strayed from Y, his mother, was
1. S (seller) sold to B (buyer) on July 5,
in tears and appeared very
a horse named Silver to be delivered
hungry. Out of pity, X took him to
on July 20. However, on July 15, S
a restaurant to eat for which he
sold again and delivered the horse to
spent P150. Y did not give her
T. Who has a better right to Silver?
consent to the good deed of X.
2. S sold to B a specific refrigerator
Furthermore, they were on their
which S agreed to deliver not later
way home before the child got
than July 31, S did not deliver the
lost. Is X entitled to be reimbursed
refrigerator on said date. Is S guilty of
by Y for the amount of P150.
legal delay?
2. While the car of X was parked by
3. S promised to deliver to B a female
the roadside, it was bumped at the
horse named Suzie on July 10. Suzie
rear by a jeep belonging to Y.
gave birth to a colt on July 5.
Only the car of X suffered
a) What are the obligations of S?
damage. Under the
b) Who has a right to the colt?
circumstances, does it follow that
c) Who is the lawful owner of Suzie
Y is liable to X for the damage?
in case it was sold and delivered
3. In the same problem, has X the
by S to T on July 8?
right to ask indemnity from R,
4. D (debtor) borrowed P20,000 from C
employer of X, on the ground that
(creditor) payable after one (1) year?
when the accident occurred X was
Is D liable to pay interest?
then on his way to transact
5. R (lessor) issued a receipt that E
business with a client of R?
(lessee) has paid the rent for the
4. D (debtor) borrowed P10,000
months of March, 2008. Can R still
from C (creditor). On the due date
collect from E the rents for January
of the loan, D counld not pay C
and February, 2008?
because he lost to a robber the
P10,000 intended for C. in CHAPTER 3
addition, he suffered financial
Section 1. require C to accept payment before
December 31?
1. D (debtor) borrowed P20,000 from C
2. D binds himself to give P10,000 to C
(creditor) payable on or before
upon the death of the father of D. Is
August 30. Before the arrival of the
the obligation of D conditional or one
due date, C agreed to the promise of
with a period.
B to pay C if B wants. Can C insist
3. D obtained a loan from C in the
that B pay not later than August 30?
amount of P50,000, payable on
2. Suppose in the same problem, D
August 10. As security for his debt, D
obliges himself to pay C P10,000
mortgaged his car in favor of C. The
after C has paid his obligation to T. Is
car, however, was substantially
the obligation valid?
damaged without the fault of D. What
3. S (seller) agreed to sell B (buyer) a
rights, if any, does C have under the
specific car for P200,000, delivery of
law? May C demand payment from D
the car and the payment of the price
even before August 10?
to be made on June 15. Suppose S
delivered the car on June 15 but B Section 3.
failed to pay the price, what are the
remedies of S? 1. D (debtor) borrowed P10,000 from C
4. S sold a parcel of land to B for (creditor). It was agreed that D could
P240,000 payable in installments of pay P10,000 or deliver his piano on
P20,000 a year. The land was August 22. On August 20, D
delivered to B who obtained informed C that the former would
ownership thereof. After B had paid deliver his piano. Can D still change
P200,000, he could no longer his period considering that he was
continuing paying in view of financial given the right of choice?
reverses but he was willing to pay the 2. Under a contract, X (obligor)
balance of P40,000 if given more promised to deliver to Y (obligee)
time. Thereupon, S sued for item one, or item two, or item three.
rescission under Article 1191. If you Y was given the right of choice. What
were the judge, would you grant is the liability of X in case, through
rescission? his fault:
5. D (debtor) binds himself to pay C (a) Item two is lost or destroyed;
(creditor) a sum of money. Give the (b) All the items are lost or
three cases when the obligation of D destroyed?
is demandable at once by C? 3. S (seller) sold his TV set to B (buyer)
who gave S the option to deliver
Section 2. instead of his refrigerator. Is S liable
to B in case the TV is lost through S’s
1. D (debtor) borrowed P10,000 from C
fault?
(creditor) at 15% interest per annum
payable on December 31. Can D Section 4.
 1. X, Y, and Z bind themselves to pay W 1. A and B bind themselves to pay C
P30,000. Only X received the money their loan of P10,000 on a certain
as per agreement between X, Y, and date. Is the obligation divisible or
Z. On the due date of the obligation, indivisible?
has W the right to demand the full 2. A, B, and C oblige themselves jointly
payment of P30,000 from Z alone? to deliver to D a particular horse on a
2. X, Y, and Z promised to pay W certain date. The agreement among A,
solidarily P30,000 on or before B, and C which was made known to
September 10 without need of D is that they will contribute the
demand. On September 9, X paid the amount in buying the horse. The
whole P30,000 to W. horse was not delivered on the due
(a) How much can X collect from Y date because of the failure of B to give
and Z? his share of the purchase price. State
(b) May X collect interest from Y and the rights and obligations of the
Z? parties.
(c) Suppose Z turns out to be 3. D finds himself to pay his loans of
insolvent, how much can X P10,000 in four equal monthly
collect from Y? installments. Is the obligation of D
3. A owes B and C, solidary creditors, divisible or indivisible?
the sum of P20,000:
Section 6.
(a) Can C condone the debt without
the consent of B? 1. X promises to deliver to Y a specific
(b) Can C assign his rights without horse. Their contract contains a penal
the consent of B? clause that in case of non- fulfillment,
4. A, B, and C are solidarily liable to D. X shall pay a penalty of P10,000. X
For their failure to pay, D filed a wants to just pay that penalty instead
complaint in court but only against C. of delivering the horse. Has Y the
Has C the right to demand that A and right to refuse to accept the penalty in
B be also included as party lieu of the horse?
defendants? 2. In the same problem, X was able to
5. A, B, and C, co- owners, sold a show that Y did not suffer any
printing equipment to D. They damage by X’s violation of his
solidarily bound themselves to obligation. Can Y still enforce the
deliver the equipment on a certain penalty?
date. Through the fault of C, the 3. In the same problem, suppose X was
equipment was completely destroyed. guilty of negligence in the fulfillment
Give the rights and obligations of the of his obligation. Is X liable for
parties. damages in addition to the penalty?

Section 5.
 CHAPTER 4 1. X obliged himself to deliver to Y a
specific carabao to Y on July 31. The
Section 1.
carabao died on July 25. Y has no
1. D (debtor) owes C (creditor) P10,000 proof that X was negligent. Is X liable
with G as guarantor. On the due date to Y?
of the obligation, T, a third person, 2. X obliges himself to deliver a specific
offered to pay the obligation D. Can thing to Y on a certain date. The thing
C legally refuse to accept the was lost by X without his fault and
payment? How about an offer of before he has incurred in delay. Does
payment from G? it mean that X is already exempt from
2. M (maker) issued a promissory note liability?
for P10,000 in favor of P (payee) who 3. Suppose in the preceding problem,
lost the note which was found by T the thing was lost through the fault of
who demands payment from M. M Z, a third person. State the effect of
did not know that the note was lost by the loss as far as X, Y, and Z are
P. Is M justified in paying T? concerned.
3. D owes C P10,000 which was paid by
T who demands reimbursement from Section 3.
D. 1. D (debtor) borrowed money from C
(a) When is D liable to T? (creditor) evidenced by a promissory
(b) When is D not liable to T? note signed by D.
(c) When is D liable for less than (a) What presumption arises if:
P10,000 to T? 1) The promissory note is
(d) May D be liable to T for P12,000 voluntarily given by C to D?
if that was the amount paid by him 2) It is found in the possession of
to C? D?
4. D owes C P10,000. Without the (b) When will the presumption of
knowledge of C, D in good faith paid remission arise?
to T his obligation to C. Is D required 2. Suppose in the same problem, the
by law to prove that the payment has debt of D, aside from being
been received by C in order to be guaranteed by G, is secured by a
released from liability? pledge of a certificate of shares of
5. D owes C P10,000 in payment for stock delivered by D to C. what
which C accepts a check from D. On presumption arises if:
the ground that a check is not legal (a) the debt of D is condoned by C?
tender, C later insists that D pay him (b) the certificate is later found in the
in cash. Is D justified in rejecting this possession of D?
demand of C?
Section 4.
Section 2.
 1. A, B, and C are jointly liable to D in 1. T (third person) tells C (creditor) that
the amount of P15,000. Subsequently, T will pay the debt of D (debtor). C
D assigned his credit to C in agrees. Is D released from his
consideration for goods sold by C to obligation to C?
D. Give the effect of the assignment. 2. Suppose in the above problem, D
2. Assuming the obligation of A, B, and proposed to C that T would substitute
C is solidary, distinguish the effect of D as the new debtor to which C
the assignment from the first agreed. Is D still liable to C in case of
problem. insolvency of T?
3. T paid C the debt of D without
Section 5. objection from the latter. What are the
1. D borrowed P50,000 as character rights of T>
loan (no security) from a bank. 4. Illustrate a mixed novation.
Despite demands for payment after
. Title II
the loan fell due, D did not pay the
bank. D has a savings deposit of Chapter 1
P40,000 with the bank. Has the bank
the right to apply the deposit to the 1. A and B entered into a contract
payment of D’s debt? not specifically provided in the Civil Code. Is the
2. D owes C P10,000 payable on contract valid and binding?
November 20. C owes D P10,000
payable on October 20. Can 2. S (seller) and B (buyer) entered
compensation also take place into a contract of sale. It was agreed that the price
although the debts are not payable on shall be determined by T, a third person. Can S or
the same date?
B refuse to be bound by T’s determination of the
3. Illustrate compensation which can be
set up only by one of the parties. price if he does not agree with the amount
4. After contracting a debt in the amount thereof?
of P10,000 in favor of C, D succeeded
through fraudulent means to make C 3. D owes C P20,000. Both are
liable to him in the same amount. house painters. It was agreed that D instead of
Assuming that both obligations are paying C, will paint the house of E to which E
now due, may the two debts be expressed his conformity to C whose service as
compensated against each other?
painter was previously contracted by E. Has B the
What is the effect if the debt of C is
right to enforce the stipulation between C and D?
later annulled in court at the instance
of D? 4. X made an office desk for Y. X
Section 6. told Y that the latter may pay whatever amount
he would like to pay for it. When the desk was
finished Y offered to pay P2,000 but X instead 1. S sold to B for P100,000 a parcel
demanded P3,000, its fair value. Is X entitled to of land belonging to S located in his hometown
P3,000? without specifying its exact location and area. Is
the sale valid?
Chapter 2
2. S has several pigs. Under a
Section 1 Problems
contract of sale, S binds himself to deliver a pig
1. In a contract containing an to a B for P3,000 if the pig has a weight of at least
option period, when is the offerer not allowed to 30 kilos. State the binding effect of the sale.
withdraw his offer even before acceptance by the
Section 3 Problems
offeree? When is the offerer allowed to withdraw
his offer even after acceptance? 1. S sold his fishing boat to B who
intends to use the boat for smuggling. Is the
2. S sold his house to B believing
contract of sale illegal?
that B was C. Can S legally withdraw from the
contract on the ground of mistake? 2. S sold to B a specific parcel of
land for P500,000. B failed to pay. Has C the right
3. S agreed to deliver to B 500
to have the sale declared void by the court on the
cavans of rice at P600 per cavan. S delivered only
ground of absence of cause for non-payment of
P490 cavans deliberately misrepresenting that the
the price?
delivery consisted of 500 cavans. Can B ask the
court to annul the contract on the ground of fraud? 3. X gave P10,000 to Y who signed
a receipt stating: “This is to acknowledge
4. S sold to B a commercial land for
payment by X in the amount of P12,000.” X later
P1,000,000. S assured B that it is certain that in
complains that he received nothing from Y for the
two years time, the land would increase in market
P10,000. Is Y bound to return the P10,000?
value by 50% or P1,500,000. It turned out that the
market value of the land even decreased to about 4. S sold to B hi car worth
P800,000. Is S liable to B for misrepresentation? P250,000 for only P200,000. There is no question
that the purchase price is grossly inadequate. Has
5. Suppose in the same problem,
S the right to have the sale annulled?
what S sold to B, hardware owner, are 500 bags
of cement. S had every reason to believe that the Chapter 3
price of cement would go down. After two weeks,
1. S (seller) and B (buyer) entered
it did go down. Has B the right to have the sale
into a contract of sale of a parcel of land. The sale
annulled?
is embodied only in a private document and not
Section 2 Problems in a public instrument because it was not
acknowledged before a notary public as required fixed amount of P200,000 or 6% of the cost of
by law. Is the sale valid? construction. How much is Y liable to pay?

2. In the same example, what

rights, if any, are acquired by the contracting
Chapter 6
parties?
1. D owes C P100,000. Since D
Chapter 4
fails to pay, C expressed its willingness to accept
1. S sold his horse “X” to B under a the car of D, with the same value, more or less, in
written contract of sale. What B thought S was payment of his debt. D, in bad faith, sold the car
selling him is horse “Y”. Can S ask for the to X. Has C the right to ask for the rescission of
reformation of the contract against the objection the sale?
of B who is agreeable to the sale of horse “X”?
2. F, guardian of M (minor), sold to
2. Suppose in the same example, S B a property of M with a market value of P50,000
was intending to sell his horse “Y.” Give the three for only P37,000, or a difference of more than ¼
(3) cases when he can ask for the reformation of (P12,500) of the value. If the rescission of the sale
the contract. is demanded, what possible defense under the law
can B present to avoid rescission?
Chapter 5
Chapter 7
1. S sold to B his condominium unit
“including all its contents.” In the unit, there is an 1. S, a minor, sold a property to B.
antique chair belonging to X which X agreed to Later, the sale is annulled on the ground of the
sell to S. Is the chair to be included in the sale of minority of S. Is S bound to return the price
the unit? received by him?

2. X, architect, designed and 2. In the same problem, suppose S,

supervised the construction of the house of Y. upon reaching the age of majority, decided to
The parties failed to agree beforehand the ratify or respect the contract. Has B the right to
professional fee of X. how much is Y bound to refuse the ratification and demand mutual
pay X? restitution of the property and the price?

3. Suppose in the same problem, 3. Again, in the same problem,

the professional fee was agreed upon, but it is not suppose the sale was annulled by the court, what
clear from the written contract prepared by X are the rights of the parties if the property was lost
upon the request of Y whether it should be the or destroyed?
 a. Without the fault of B? house of Z. Later, X told Y to forget the
agreement and to return the money. Y refused. Is
b. Through the fault of B?
X entitled to recover from Y?
Chapter 8
3. W (woman) agreed to stay in the
1. I, an insane person, entered into house of M (man) as the latter’s live-in partner for
contract with M, a minor. What is the effect of one year in consideration of the latter’s promise
ratification to pay her P100,000 after said period. W

a. By either; and compiled with her part of the agreement but M

reneged on his promise. Is W entitled to recover
b. By both, after becoming
from M?
incapacitated?
Title III
2. D (debtor) owes C (creditor)
P10,000. T (third person) orally promised to 1. C (creditor) sued D (debtor) for

assume the obligation of D. Can the promise of T nonpayment of the latter’s obligation. D won the

be proved by the testimony of a witness who was case on a technicality (i.e., not on the merits).

present when T made the same? Nevertheless, when C asked payment again, D
paid him. Now, D demands the return of what he
3. S orally agreed to sell his piano
has paid claiming, he should not have paid C
for P7,000 to B who made a partial payment of
since he had no more obligation to C under the
P1,000. Later, S denied there was such a sale. Can
law. Decide.
B enforce the sale considering that the contract
was oral and the price was more than P500? 2. M, a minor, bought a bicycle for
P2,000 from N, who is not a minor. Under the
law, the contract is voidable because M is
Chapter 9 incapacitated to give consent because of his
minority. Give the situation by reason of which
1. S (seller) and B (buyer) entered
M cannot recover the P2,000 from N.
an absolutely simulated contract of sale of a
parcel of land. S brought action in court to
recover the land only after 20 years. Is it correct
for the court to dismiss the action because of the
long lapse of time?

2. In consideration of P10,000
given by X to Y, the latter agreed to burn the