Beruflich Dokumente
Kultur Dokumente
I. OBLIGATIONS
OBLICON Tolentino
Sales Baviera
Partnership Bautista
Common Law general and ordinary law of
a country/ community; unwritten law
founded on memorial usage and natural
justice and reason.
Passive solidarity not always one debtor;
may/
may
have
2
or
more
debtors/creditors.
When the fulfillment of the condition
depends upon the sole will of the debtor,
the conditional obligation shall be void
this is true only in resolutory conditions.
Facultative obligations
always with the creditor?
Sources of Obligation:
is
the
choice
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by
law; and
(5) Quasi-delicts. (1089a)
QUASI CONTRACTS:
Kinds:
Is it civil or natural?
A: It may be civil or natural. Civil-within 10
years prescriptive period; natural-beyond
ten years.
1.Nominate:
a.) solutio indebiti
b.) Negotiorum gestio
2. Innominate Articles 2164-2175
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
certain
lawful,
unilateral act must concur.
For
negotiorum
gestio- there must be abandonment.
BAR EXAM QUESTION:
A bought a pack of cigar worth P225.00. He
paid P375.00. What relationship was
created?
A: Quasi contract; solutio indebiti
Q: A had a fishpond. Lawless events forced
to go to Manila and then Europe. B, who
has in the business of buying and selling
fish, realized that it was harvest time,
harvested the fish and sold them to X. B
borrowed money from Y in order to buy the
fingerlings.
a. What Juridical relationship
created between A and B?
was
A: Negotiorum gestio
b. What juridical relationship was
created by A with respect to B and
X?
A: to remit the sale of fish sold to X
c. A with respect to B and Y?
A: A must pay the loan to B because it
was for the benefit of A.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
to the RPC.
QUASI DELICT:
Quasi-delict = culpa aquiliana
- it is not culpa extra contractual or torts.
Culpa extra contractual includes:
1. contractual
2. Extra contractual includes other
sources under 1157.
Pineda would say that torts is not quasidelict because torts include malicious and
negligent acts.
c.
determinate/specific(ref)- specific
performance plus damages.
Generic (TV) to have another
person perform at the expense of
the debtor.
Service
(to
do)
damages;involuntary servitude.
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
even if suspensive or
house of A. No mortgage was delivered. On
postestative condition, the debtor may be
Aug.16, can creditor demand? When?
compelled if there is a pre existing
condition.
A: When he loses the right to make use of
Impossible Conditions:
the period. If debtor has promised, in this
case the debtor did not promise anything.
If with a term shall annul condition
If without a term it is void
Q: If insolvent, will he lose his right?
If negative impossible valid condition
I promise to pay B P1M
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
a.) alternative
b.) facultative
c.) conjunctive 2 or more prestations
which shall be complied with.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
A: Creditor
alternative.
Final exams/
asked)
file
an
action
in
midterms
(might
be
the
the
(there
Example:
Choice of debtor, first prestations were lost
due to his fault, only one is left and yet was
lost through fortuitous event.
- debtor cant be held liable.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
human
Liability
arising
from
relations. (torts-2194)
Liwanag v. WCC
Computations:
Joint obligations
P120
respectively,
If simple We joint
LAW
Mixed Solidarity
Solution
indebiti,
crimes,
negotiorum
gestio. In agency read b.solidary on the on
the outline, 1823-1824-> tortuous act of
one of the parties.
Q: If mixed:
Passive solidarity:
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Solidary:
one
debtor
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
provides
PENAL CLAUSE
liability.
for
greater
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
expressly
non-fulfillment
with
respect
to
Effects of delay:
1. If determinate thing to deliver, there
was a fortuitous event the obligor
is still liable.
BAR EXAM QUESTION:
Q: A and B entered into a lease agreement
over certain machineries. B was to open a
car repair shop. On February 15, they
agreed that the machineries will be leased
for one month. On March 15, the lessor
demanded return of the machineries.
Because the truck of B had a problem, the
machineries were not returned. Is B liable?
A: No, B is not liable. There were only 28
days. An agreement of 1 month is 30 days.
NEGLIGENCE (memorize)
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
tax,
controlling
eg.
Payment
of
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B. Judicial Remedies:
a.)
Principal
performance
remedies
Q: In obligation to
performance allowed?
do,
is
specific
substitute
(5) By compensation;
(6) By novation.
Other
causes
of
extinguishment
of
obligations, such as annulment, rescission,
fulfillment of a resolutory condition, and
prescription, are governed elsewhere in this
Code. (1156a)
-
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Rules:
a.) As to person who pays.
b.) As to whom payment is made.
c.) Prestation in obligation.
d.) Date, time and place.
a.) person who pays.
If X is a guarantor, Y is a mortgagor
who secured debt, Y pays, he shall
be subrogated to the rights of B and
can exercise right of a creditor.
if X pays B, obligation of A to B is
extinguished
but
accessory
obligations are not extinguished. It
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
with B without
he recover the
Q: May payment to
extinguish obligation?
wrong
person
16
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Except:
1. The parties expressly stipulate. Subject to different terms integrity
of the prestation. Rescission is not a
remedy if there is substantial
performance.
value
A: Amount
damages.
A: No.
delivered,
less
As to kind of obligation:
Q: A is obliged to B. He paid Japanese yen.
Is it valid?
A: Yes. RA 8183. Payment may be made in
any currency as long as stipulated. Before:
RA 529-payment not in Philippine currency
is prohibited.
Q: Can creditor be compelled to accept
check?
A: No. As stated in New pacific timber v.
Seeris. Creditor may refuse to accept
check.
Before: If Manager or Cashiers check, it is
deemed as cash.
Q: If partly check and partly cash?
A: Creditor may refuse. Except if stipulated.
In Article 1249, it is extinguished if
encashed.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
conventional assignment
requires consent of both parties.
CASE: Filinvest v. Philippine Acetylene
-
Dacion en pago
As to transfer of
ownership:
The
delivery
results
to
the
transfer
of
ownership, same
is
true
with
application
of
payment.
Cession
No
transfer
of
ownership,
creditor only given
the power to sell.
of
General
rule:
Extinguished only
as to the extent of
value delivered.
Exception: unless
stipulated
upon
that
anything
delivered
shall
extend the entire
obligation.General
Rule: governed by
law on sales only if
the pre- existing
obligation
is
in
money.
General
Rule:
Extinguish only as
to the extent of
the proceeds of
the
sale
of
creditor.
Exception: Unless
there is an express
agreement.
2. Application of payments:
Problem: X is the creditor. A owes him,
100k, 50k, 20k and 10k.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
3. Payment by cession:
1255:
voluntary
assignment
consent of the creditor.
requires
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
LOSS
Impossibility of performance.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
if
payment
of
interest
is
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
result
in
total
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Morales, Occiano, Tongcua, Occiano, Quitain
COMPENSATION
Q: If 2 or ore persons are debtors and
creditors, will there be compensation?
A: No, the requirements must be complied
with. Art. 1279
Art. 1279. In order that compensation may
be proper, it is necessary:
(1) That each one of the obligors be
bound principally, and that he be at
the same time a principal creditor of
the other;
(2) That both debts consist in a sum
of money, or if the things due are
consumable, they be of the same
kind, and also of the same quality if
the latter has been stated;
conventional,
facultative,
Q: What are
compensation?
the
are
other
three;
names
of
must
be
legal
from
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
CASE: Sycip V. CA
Q: Monetary
contracts?
debts
must
arise
from
be
subject
to
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Morales, Occiano, Tongcua, Occiano, Quitain
NOVATION
I.
II.
III.
Subjective/Personal
Objective/Real
Mixed
Eg. Prescription
Q: In ACTIVE SUBJECTIVE, operative word
is subrogated. When does this happen?
A: 1. by agreement (express);
2. art. 1302 legal subrogation.
a. Third Party pays creditor without consent
of debtor.
b. TP who has an interest pays creditor with
or without consent of debtor.
c. Creditor of debtor pays creditor of the
same debtor.
Art. 1302. It is presumed that there is legal
subrogation:
(1) When a creditor pays another
creditor who is preferred, even
without the debtor's knowledge;
(2) When a third person, not
interested in the obligation, pays
with the express or tacit approval of
the debtor;
(3)
When,
even
without
the
knowledge of the debtor, a person
interested in the fulfillment of the
obligation pays, without prejudice to
the effects of confusion as to the
latter's share. (1210a)
Q: In PASSIVE SUBJECTIVE, operative word
is substitution. When does this happen?
A: 1. Expromission substitution was made
without knowledge or against will of original
debtor.
2. delegacion substitution was made
with knowledge of debtor.
Q: A is indebted to B. A mortgaged to B his
property worth 100k. B is indebted to C,
100k also. If A does not pay, can C
foreclose the mortgage?
A: No. He was not subrogated.
DELEGACION
there
is
already
subrogation, therefore, C may foreclose the
mortgage.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
II. CONTRACTS
-
II. Objective
payment, whereby
to the creditor in
in money, shall be
sales. (n)
In
natural
obligations,
payor
knows he cant be
compelled to pay but
nonetheless pays.
Prohibited:
-
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
from
d. Public policy:
CASE: Cui v. Arellano
-
2. Consensuality:
Accidental
(compensatory)
ELEMENTS OF A CONTRACT:
payment
of
interest.
CHARACTERISTICS:
1. Autonomy freedom of contract/liberty
of contract.
Void waiver:
CASE: Ong Yu v. CA
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
3. Mutuality:
compliance.
A: Yes.
2. Interference by a third party.
4.Obligatory:
Art. 1315. Contracts are perfected by mere
consent, and from that moment the parties
are bound not only to the fulfillment of
what has been expressly stipulated but also
to all the consequences which, according to
their nature, may be in keeping with good
faith, usage and law. (1258)
Q: When is a contract obligatory?
A: Upon perfection of the contract.
interference
by
third
persons
without legal justification or excuse.
third
Q:
A
has
a
contract
with
GMA.
Subsequently, A entered a contract with
ABS-CBN. A was in bad faith. May ABS CBN
be liable?
A: No. To be liable there must be malice
impugned. Third Party liability does not
impugn liability of debtor who violated.
5. Relativity:
A: Yes.
4. Stipulation pour atrui stipulation in
favor of third persons. It is not the main
agreement.
CASE: Kaufman v. PNB
CASE: Florentino v. Encarnacion
-
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
enforcement of insurance.
CLASSIFICATION OF CONTRACTS:
A: Degree of Dependence
1) principal (agency, partnership)
2) accessory (Real Estate Mortgage,
Chattel
Morgtage,
Pledge,
Antichresis)
example: crop loan scenario
B. As to Perfection
1) Real (Pledge, Commodatum,
Mutuum. Deposit)
2) Formal (antichresis; donation)
C. Purpose
D. As to cause
1) onerous
2) pure beneficience
a) gratuitous
b) lucrative
liberality id the consideration
3) remuneratory
seller (payment); buyer
(deliver)
E. Risk of Fulfillment
1) Aleatory
sale of hope emptio spei
risk of fulfillment
insurance
life annuity
2) commutative
F. Name and Designation
1) Nominate
2) innominate
G. As to subject matter
1) Things
2) Right
3) Services
PAQIII/Oct2007
III. SALES
- there must be an agreement to transfer
ownership.
Q: A sold goods to B for purpose of resale,
Y bought goods from X for personal
consumption. What law shall govern this
contract?
A: NCC and Code of Commerce,
A-B commercial sale
Y-X civil sale
Characteristics:
1. principal
2. bilateral-imposes obligations on two
parties
3. nominate
4. onerous- always! otherwise donation
5. commutative- emptio spei
Subject matter:
things and rights, service is not included
As to object:
a. movable
b. immoxable
Concepts involve:
a) Recto Law- personal prop by
installment
b) Maceda- immovable
c) double sale
d) Statute of Frauds
Q: As to WON tangible/intangible?
A: corporeal (things); incorporeal
(rights)
Q: relevant as to what concept?
A: delivery
Q: As to validity?
A: void, unenforceable, rescissible, voidable
Q: 1458 2nd par: provides for?
A: absolute/conditional sale:
In an absolute sale there is an automatic
transfer of ownership while in conditional
sale, there is a reservation of ownership.
Art. 1458. By the contract of sale one of
the contracting parties obligates himself to
transfer the ownership and to deliver a
determinate thing, and the other to pay
therefor a price certain in money or its
equivalent.
A contract of sale may be absolute or
conditional. (1445a)
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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A: must be transmissible
A: unenforceable
A: assignment of rights
Q: can it be valid?
Q: if deed of assignment
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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A: its equivalent
A: No!
Gross inadequacy of price=lesion
-does not invalidate contract of sale
-guardian ,more than of value,
contract of absentee
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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2)
GF
contrary
intention
may
A: Yes, if buyer is in BF
CASE:SunBros.vs.Velasco(refrigerator)
A: If he acts as a depositary
Q: When can there be a
ownership even w/o delivery?
transfer
of
Two kinds
1) Actual/Physical
2)Constructive
a) symbolica
b) tradition brevi mano
c) longa mano
d) constitutum
possesorium
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Morales, Occiano, Tongcua, Occiano, Quitain
delivered
is
payment
of
A: Remedies of buyer
a)
may accept, proportional reduction
b)
specific performance
c)
damages
less than 1/10 rescission is not a remedy
Rescission- remedy if buyer could prove
that he would not have bought land if less
than
Q: Is it possible for buyer to have the right
to rescind if 100 sq.m. was delivered
A: Yes if land is inferior quality or if value is
less than 1/10 of the value
Q: Bound to deliver upon perfection of sale
A: Not necessarily
1. stip as to period
2. no
payment
purchase price
of
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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A: No!
VENDORS
LIABILITY
EVICTION (see TABLE 1)
IN
CASE
Waiver intencionada
waiver made by buyer if he already knew
of the defect of the thing.
Waiver consciente
waiver made by buyer where both buyer &
seller knew that there was no defect on the
thing sold.
VENDORS LIABILITY IN CASE OF
EVICTION
TABLE 1
Extent
liability
vendor
of
of
If
vendor
in bad
faith.
If there is waiver
Vendor
faith
in
If there is no waiver
good
concient
e
intenci
onada
Vendee
in
Good
faith
Vendee in
bad faith
1) Value of
the thing at
the time of
the
eviction
YES
YES
NO
YES
YES
IMPLIED WARRANTY
a) warranty against hidden
defects
b) warranty in case of eviction
c) warranty of quality as to quality,
fitness
2) income
or fruits
YES
NO
NO
YES
YES
3) cost of
suit
YES
NO
NO
YES
YES
4)expense
s of
contract
YES
NO
NO
YES
YES
5)
damages
and
interest
YES
NO
NO
NO
YES
OF
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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CAUSE OF LOSS: FE
OR FAULT OF
VENDEE
VENDOR
IS IN
BAD
FAITH
VENDOR
IS IN GF
VENDOR
IS IN
BAD
FAITH
VENDOR
IS IN
GOOD
FAITH
1) RETURN
PRICE
YES
YES
NO
NO
2)
PRICE/VALUE
AT THE TIME
OF LOSS
NO
NO
YES
YES
3) REFUND
OF
EXPENSES
OF
CONTRACT
YES
YES
NO
NO
4) DAMAGES
YES
NO
YES
NO
5) ONLY
INTEREST
NO
YES
NO
NO
NON-APPARENT ENCUMBRANCE
Ex. Encumbrance on a Road
requirements1) non-apparent
2) not known to the buyer
Q: If knowledge of buyer can he hold
seller liable?
A: Yes, if it was annotated in the title
Remedy: rescission/damages
Rescission- invoke within 1 yr. from
date of contract
Q: If he filed damages 1 yr.& 6 mos, can
the case prosper?
A: It depends on when was the discovery,
damages should be filed within 1 yr. from
discovery
Q: If animals bought from fairs, auctions,
no warranty at all?
A: Not necessarily, only there is no
warranty as to hidden defects; there is
still warranty as to title & warranty
against eviction
2nd hand sale- as is where is basis
Q: Is it correct to say that there is no IW
in judicial/ execution sale?
A: No! there is still warranty by express
provision of law- warranty as to title even
to judgment debtor except if he was
exempted fr. Such liability by order of the
court.
There are people who cannot be
liable for warranties, not sale
without warranty/
Ex.: sheriff
the
goods,
means
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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Q: Remedies exclusive?
RESALE
---seller must still have the goods
---maybe exercised if buyer is in default for
unreasonable time; if perishable goods are
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
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REMEDY OF BUYER
1)
action for specific performancedeterminate
substitute performance-generic
thing
2)
action for damage
3)
rescission (1191)- if there was a
substantial breach
Q:
Sale of jewelry,10M, 100k,(10 yrs.
Equal installment),buyer defaulted, 3rd
installment
MODES OF EXTINGUISHMENT
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
40
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
A
C
B
D
D donated his land to X, Can co
owners redeem?
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
41
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Spouses,
guardians
and
those
enumerated under Article 1490 and 1491
cannot enter into a lease contract with each
other.
Art. 1490. The husband and the wife
cannot sell property to each other, except:
(1) When a separation of property
was agreed upon in the marriage
settlements; or
IV.LEASE
Kinds of Lease
1. things- consensual contract; onerous
2. work or service
Household service- Labor
Employment contract- Labor
Contract for a piece of work- Civil
Contract of Carriage- Commercial
3. Right
COMMODATUM
LEASE
Essentially
gratuitous
For
a
price
certain; onerous
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
42
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
in
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
43
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
sublease
with
the
Termination of Lease
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Pvt/101707
V. AGENCY
Q: baptismal proxy, agency?
A: No. political and social relations are not
included
Agency refers only to juridical act
- BOUND himself to another
>objective : execution of juridical act
extinguish legal relationship such as
payment
-
CASE:Quiroga V. Parsons
exclusive right to sell is an exclusive
agency.
Person represented
incapacitated
is
AGENCY vs PARTNERSHIP
Termination may be by the
will of either party
Principal- revocation
Agent- withdrawal
KINDS of AGECY:
I. Actual
II. Apparent/Ostensible
III. Agency by estoppel
I. ACTUAL AGENCY
Mack vs. Cams (?)
SALE
Consensual
Nominal
May be Gratuitous
*burden: principal
*presumption:
compensation
Essentially Onerous
for
II. APPARENT/OSTENSIBLE
Preparatory contract
-a means by which other
contracts may enter into.
Based on
confidence
trust
and
Theres no transfer of
ownership
but
only
transfer of possession.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
45
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
46
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
CASE:Insular Drug-
public
Essential Elements
1.
2.
3.
4.
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
47
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
48
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
CASE:Barreto
Agency is based on trust and confidence
therefore, the principal can revoke anytime.
P can only be held liable for damages if he
acted in bad faith.
CASE: Collongco
A authorized B to sell the land for 100M. B
did not remit the 100M. What was agreed
was that B will be the agent of A in
subdividing the land and constituting the
house. The proceeds will go to A as
payment. The authority granted was for 10
yrs. On the 5th yr., A revoked the authority
given to B. Was the revocation valid?
SC: NO. The agency is was coupled with
interest and as such, it cannot be validly
revoked after the interest ceases; means of
fulfilling interest must be different from
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
49
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
VI. PARTNERSHIP
BAR EXAM:
A used all his savings to put up a
restaurant, B gave A 4k as financial assistance in
exchange of 20% profits, 22 years after B filed
action demanding profits. A denied and invoked
prescription.
A: UP Law Center Contract of Partneship exists
because they contributed to a common fund plus
there was a stipulation as to profit.
Sir said, no contract of partnership exists. There
was no agreement to contribute to a common
fund, only financial assistance.
Q: Partnership vs. Co-ownership
A: Contract of partnership is created by mere
agreement while co-ownership is created by
operation of law.
Essential Element:
object is to engage in a lawful activity
General Partnership and Limited
Partnership (relevant only in Limited
Partnership)
Q: Can the spouses enter into a limited
partnership and engage in real estate business
A: Yes, prohibition is only on universal partnership
Q: Can two corporations organize a general
partnership, can a corporation enter into a
partnership?
A: No! Corporation and partnership may organize
a joint venture but they cannot enter into
partnership contract
Sir said that Corporation can enter into a
contract of partnership if there was an express
grant of power in its articles of incorporation.
(Tecson vs. Bolaos)
Q: What is the effect of illegality of contract? Can
a partner recover what he had given if cause was
illegal?
A: Yes, because it will result in unjust enrichment.
Q; How about if both was in pari delicto?
A: If there was repudiation before there was any
damage, the court is in its discretion to allow
recovery
BAR QUESTION: A and B put up a car repair
shop. A contributed money while B contributed his
services. A likewise put up a coffee shop on the
left side of the car repair shop. B likewise
engaged in another business of his own. Are they
legally allowed to venture into such businesses?
writing
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
50
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
estoppel
agency
BAR QUESTION: W (industrial partner), X
MANAGEMENT ARRANGEMENTS
One managing partner
Solidary management
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
51
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Joint Management
Partner as Agent
DISSOLUTION:
change in relation where partner ceases to be
associated in carrying on the business of
partnership
marriage of partners not a ground
Entry of a new Partner
Exceptions:
a) act is necessary to wing up
partnership affairs
b)
CAUSES OF DISSOLUTION
1) extrajudicial
a) voluntary No. 1 & 2 of Article 1830
b) involuntary No. 3-7
2) judicial Article 1831
Q: A B C assigned whole interest to X against the
will of A & B and decided to dissolve the
partnership, X filed for a dissolution, which
dissolution will be valid?
A: That made by A & B is valid. X was mere
assignee, no legal interest to file dissolution for
he is not by law a partner.
DEATH OF A PARTNER:
if general, partnership is not extinguished if biz
nis continued or not stated due to unanimous
consent.
EFFECT of DISSOLUTION:
termination of authority of partners.
Specific performance
Dissolution
RESCISSION IS NOT A REMEDY
AS TO DISTRIBUTION:
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
52
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
VII. CREDIT
TRANSACTIONS
LIABILITY OF
SUBSTITUTE
LIABLE
if
substitute acted
outside
the
scope
of
authority
or
there is bad
faith
or
negligence on
the part of the
substitute
EFFECTS OF APPOINMENT OF
SUBSTITUTE/LIABILITY IN DAMAGE TO
PRINCIPAL
Not
liable
unless
he
knew
that
the
designated
person
is
notoriously
incompetent
or
already
insolvent
Not designated
Agent shall be
responsible for the
acts of the substitute if
substitute is
notoriously
incompetent or
insolvent
Not liable as
agent shall NOT
be responsible
for the acts of the
substitute if the
substitute is
notoriously
incompetent or
insolvent
Loan
consider first the kind
whether mutuum or
commodatum
mutuum or simple loan- the
agreement between the
parties to constitute a loan is
already a binding agreement,
however, unless it is delivered
there is no perfected contract
of loan yet.
If the contract of loan is not
yet perfected, cannot be
revoked
In mutuum, if without
express stipulation, contract
is compensatory
case: Rep vs Bagtas
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
53
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
co-guarantor- benefit of
essentially gratuitous, unless stipulated
division
otherwise
characteristics
Pledge/ Mortgage
a) principal
b) real
c) gratuitous or onerous
kinds of deposit
a) judicial
b) extra-judicial
i. Conventional / voluntary
ii. Necessary
iii. Legal
Guaranty
covered by the Statute of
Frauds
1. Personal- personal commitment to
answer for the debt, default of
another
2. Real guarantor delivers collateral
a. pledge
b. chattel mortgage
c. real estate mortgage
d. antichresis
A pledge or
mortgage cannot
exist without a
valid obligation
no right of redemption in
chattel mortgage and
pledge
TABLE 1
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
Unilateral
54
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
Nevertheless,
a
pledgor
or
mortgagor maybe
constituted
to
guarantee
the
performance of a
voidable/
unenforceable
contract.
It may guarantee a
natural obligation
CHATTEL
MORTGAGE
REAL ESTATE
MORTGAGE
maybe
foreclosed even if
only written in a
private instrument
ANTICHRESIS
Solemn or Formal
(De leon)
CM Registration is
indepensable. If not
recorded, binding on
the parties.
Promise to constitute
mortgage.
Affidavit of GF to binf
3rd parties. If not
executed, mortgage
may still bind third
persons if the latter
had knowledge of the
promise to constitute
mortgage
unilateral
Solemn. (Vitug)
Must be recorded, if
not binding to
parties.
promise
personal/action
A conditional
obligation may
also be secured.
Solemn.
Amount of principal
and interest must be
in writing, if not void.
BILATERAL
TABLE 2
KINDS
RIGHT TO USE
RIGHT TO
APPROPRIATE
(PACTUM
COMMISORIUM)
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
INDIVISIBILITY
55
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
PLEDGE
CHATTEL
MORTGAGE
REAL ESTATE
MORTGAGE
ANTICHRESIS
NONE, unless
1. authorized
2. necessary for
the
preservation of
the thing
Creditor cannot
appropriate. Any
stipulation to the
contrary is null and
void.
However, in pledge,
if at the first
auction the thing
sold, a 2nd one with
the same
formalities shall be
held, but there is
no sale either.
Creditor may
appropriate but the
shall acquit the
entire claim.
Encashment of a
deposit certificate
given as security.
not postdated
check (Chua vs.
CA, Sept. 26,
1989)
BOGS QUITAIN; TERE MORALES; PAULETTE TONGCUA; TINO OCCIANO; BUDS OCCIANO
Pledgor or Mortgagor
is indivisible,
eventhough debt may
be divided among the
successors-in-interest
of the debtor/
creditor.
EXCEPT:
Where several things
are given in a pledge
or mortgage, each
one of them
guarantees only a
determinate portion
of the credit.
Right of
Extinguishment.
Indivisibility is not
affected by the fact
that the debtors are
not solidarily liable.
56
KINDS
PLEDGE
RIGHT TO
BID
YES.
Provided he
is the not
the only
bidder.
Article 2113
1. Judicial
Foreclosure
Sec.13 Article 1508
CHATTEL
MORTGAGE
REAL ESTATE
MORTGAGE
RIGHT TO
RECOVER
DEFICIENCY
RIGHT OF SALE/
FORECLOSURE
2. Extrajudicial
Foreclosure Sec. 14
Article 1508
1. Judicial (Rule 68
of the Rules of
Court)
2. Extrajudicial
Foreclosure Act.
3135
SPECIFIC
PERFORMANCE
VOLUNTARY:
None even if
theres
stipulation.
Article 2112,
Article 2115
YES, but
pledged deemed
abandoned.
LEGAL: YES
YES. Except
on
installment.
YES. Rules of
Court on
Foreclosure.
YES, but
security deemed
abandoned.
ANTICHRESI
S
KINDS
PLEDGE
RIGHT TO
ALIENATE
RIGHT TO
BID
ARTICLE 2097
YES!
ARTICLE 2108
YES
ARTICLE
2113
RIGHT T
RECOVE
EXCES
VOLUNTA
NONE
ARTICLE 2
LEGAL: Y
ARTICLE 2
CHATTEL
MORTGAGE
REAL ESTATE
MORTGAGE
ANTICHRESIS
Article 2130 A
stipulation
forbidding the
owner from
alienating the
immovable
mortgaged
shall be void.
Same as
above, Article
2130.
MOTO-Q NOTES
Morales, Occiano, Tongcua, Occiano, Quitain
- end-
59
Bogs Quitain; Tere Morales; Paulette Tongcua; Tino Occiano; Budz Occiano