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A.

COMMODATUM/SIMPLE LOAN
1. The subject of commodatum.
2. effect of the stipulation that the bailee may make use of the fruits
Of the thing loaned.
3. when is the bailee liable for the loss of the thing even if it be due
To fortuitous event?
4. rule in case there are two or more bailees to whom a thing is
Loaned.
5. when can the demand that return of the thing loaned?
6. memoriePrecarium.
7. distinguish usufruct from commodatum and state whether these
May be constituted over consumable goods?
8. effects of acts of ingratitude committed by the bailee.
9. rule in the determination of interest, if it is payable in kind.
10.effects of the death of ether the bailor or the bailee.
11. when contract of commodatum is suspended.
12. the requisites for recovery of interest.
13. when is the borrower liable for the payment of interest even
Without stipulation?
14. would you consider deposits of money in banks and similar
Institutions, such as savings deposits and current account
Deposits, contracts of deposit or mutuum?explain.
15. victor borrowed P3000,000 housing loan from the bank with
18% per annum interest. However, the promissory note contained a
proviso
That the bank reserves the right to increase the interest within the
Limits allowed by law. By virtue of such proviso ,over the objections
Of victor, the bank increase the interest rate periodically until it
reached
48% per annum. Finally, Victor filed an action questioning the right
of the bank
To increase the rate p to 48%. The bank raised the defence that the
central
Bank of the Philippines had already suspended the usury Law. Study
the Defence.

B.DEPOSIT

1. When is the depositary liable for loss even if ?


2. As rule, if the depositary suffers because of the character of the
Thing deposited, the depositor should be responsible for the loss
Sustained by the depositary.Exceptions?
3. As a rule, the thing deposited should be returned at the will of the
Depositor. This is true whether a period has been stipulated or
not.Exceptions.
4. Master the rule on hotelkeepers.
5. Rule when it becomes necessary to open a locked
Box or receptacle.
6. The depositary holding certificates, bonds, securities or instruments which
earn
Interest shall be bound to collect the latter when it becomes due,
And to take such steps as may be necessary in order that the securities
may
Preserve their value and the rights corresponding to them according to
law.
Exceptions.
7. Balong sues Jack for a (a) collection of money on a promissory
For a loan, with no agreement on interest, on which jack defaulted, and (b)
damages caused
By Jack on his (Balong) priceless MicahaelAngelos painting on which jack
liable
On the promissory note and awards of damages to balong for the
damaged painting,
With interests on both awards. What rates of intersects my the Court
impose with respect to both awards?
8. Pasagedped contracted SBS to store his 50 bags of rice in a bonded
warehouse, but SBC stored 40 bags in a bonded warehouse and the rest in
the non-bonded warehouse.
As to the rest in a non-bonded warehouse duties were levied by the
government in the amount of P2,500 which SBC paid without the
knowledge and consent of the plaintiff.
Pagedped then demaded SBC to repay it before realising the rice. Study
the remedies available to SBC.

9. PNB opened a letter of credit and advanced thereon PhP120,000


For 8,000 tons of hot asphalt in favour of Macato.
Of this amount, 3,000 tons worth PhP280,500.00 were released and
delivered to macato under a trust receipt agreement guaranteed by
Treptor surety. To pay the asphalt, Macato constituted PNB, its assignee
and attorney-in-fact to receive and collect from the bureau of Public Works
the aforesaid amount out of funds payable to PNB.
PNB regularly collected from the bureau for about 8 months.
Thereafter, for unexplained reasons, PNB stopped collecting from the
Bureau of public Works moneys due in favour of macato before the dept

was fully collected, thereby allowing such funds to be taken and


exhausted by other creditors. PNB brought suit against indebtedness.
Evaluate the claims.
10.Tammy and Froilan staged a Daring bank robbery in Quezon Hill at 10:30
A.M. in the morning of regular business. And escaped with their loot of (2)
bags ,each bag containing P50,000.00.During their flight to elude the
police, tammy and froilan entered the nearby locked house of joel, who
was then working. From Joels house, Tammy and froilanstole a box
containing cash totalling to P50,000.00 which Joel had been keeping in the
deposit for his friend carl. In their hurry, Tammy and Froilan left in Joels
bedroom one (1) of the ags which they had taken from the bank. Carl
claims that the depositary, Joel, by force majeure had obtained the bag of
money in place of the box of money deposited by Carl. To whom should
Joel deliver he bags of money?
11.Ruiz brought her diamond ring to Jewelry shop for cleaning. The jewelry
shop undertook to return the ring by January 27,2015. When the said date
arrived, the jewelry shop informed Ruiz that the job was not yet finished.
They asked he to return to five days later. On February 2, 2015, Ruiz went
to the shop to claim the ring, but she was informed that the same was
stolen by a thief who entered the shop the night before. Ruiz filed an
action for damages against the Jewelry shop which put up the defence of
force majeure. Will the action prosper or not?
12.Jimenez deposited with munoz bank the amount of PhP10,000,000.00.
Jimenez placed the amount in a box, properly sealed, marked and
identified as Jimenezs property. The said box was placed in the vault of
munoz bank. Thereafter, Munoz Bank was found insolvent. During the
insolvency proceeding, Jimenez intervened claiming that the
PhP10,000,000.00 deposited does not constitute a part of the assets of
the bank that will be placed under the possession of the receiver or
assignee because she is still the owner thereof. Study possible remedies.

C.GUARANTY/SURETY
1. Define guaranty and suretyship. Distinguish one from the other.
2. Memorize Continuing Guaranty, Continuing Surety ship, Continuing surety
ship Agreement and surety ship Agreement.
3. Indemnifications to the guarantor. Instances when allowed even before
having paid.
4. Benefit of Excussion/Exceptions. What is meant by the benefit of
excussion in favour of the guarantor? When can the guarantor not avail
himself of this benefit? When can a guarantor avail himself of this benefit?
What is the benefit division in favour of guarantors?

5. When may the guarantor obtain release from the guaranty or to demand
a security that shall protect him from any proceedings by the creditor and
from the danger of insolvency of the debtor.
6. Master the cases on material alteration.
7. Future debts, even if the amount is not yet known, may be guaranteed
but when can there can be no claim against the guarantor until the debt is
ascertained or fixed and his demandable?
8. Instances when the benefit of division among several guarantors under
article 2065 can be availed of.
9. What happens if A,B,C and D are co guarantors of Php1,000.00 and A is
released by the creditor WITH the consent of the other co-guarantors?
10.BF and GF are friends. Unknown to BF, a contract of guaranty was entered
into by BB in an obligation to CC where BF is the principal debtor. Study
the remedies.
11.Baguiwen borrowed Osams Ferrari. During a fire that broke out in
baguiwens garage, she had time to save only on vehicle and she saved
her taxi instead of the Ferrari.Remedies?
12.RG is a guarantor of the 50,000.00 indebtedness of PG to ZX, which
should be paid before August 16, 2015. RG made the payment without
notifying PG. Thereafter, PG without knowing that obligation was already
fulfilled had repeated the payment. What is he remedy of RG to recover
the amount paid?
13.Z furnished a bond in favour of X Company. X was then allowed to
withdraw the consigned goods to PNB. Thereafter PNB obligates Z to pay
the debt of X company. Before paying the said amount Z obtained a
solidary note from X Company. XX, as president of X Solidary to pay, upon
its obligation with Z. X Company was declared insolvent. Study the
remedies.
14.D obtained from C a 1957-1955 sugar crop loan in the amount of
Php40,200.00 secured by a chattel mortgage. As additional security, S
issued surety Bond in favour of C. three months later, C increased the
loan from Php40,200 to Php56,800 without the knowledge and consent of
S.D failed to liquidate the loan. What is the implication? Read the ruling of
the SC.
15.C Bank and D executed an overdraft agreement and pledge where in C
Bank granted D an overdraft from time to time on his current account with
C Bank not to exceed Php200,000.00. G executed an absolute guaranty in
consideration of the overdraft agreement, pledge and bound himself
jointly and severally liable to the bank. Later, D requested for extension to
the bank, who in turn granted with the condition that the interest will
increase and the amount of the overdraft will be reduced but the former
failed to pay their indebtedness on the date due. What is the extent of
liability of G considering the renewal of the overdraft without his
knowledge?

16.X, RG and Z are guarantors of the debt of D to C in the amount of


P75,000,000.00 each of them had guaranteed the following amount: X for
P25,000.00;RG for P30,000,00; and Z for P20,000,000.00. RG had fulfilled
the entire obligation because D is insolvent. Study the remedies.
17.C Bank delivered an amount of a credit line to D guaranteed by G to
purchase asphalt, which was subsequently delivered to Department of
public works (DPW). D assigned C Bank to collect the value of the asphalt
from DPW and in return, apply the said value to Ds credit line as
payment. The amount was regularly collected by C Bank until for unknown
reason, the bank ceased to collect, until after 4 years investigators found
that more money were payable to D from DPW, because the latter had
allowed another creditor to collect funds for D. What is the implication
when C Bank ceased to collect the money from DPW?
18.Villanueva bought certain machineries from Villaruel Corporation, payable
in monthly instalments, with Vitug as guarantor. As additional
security,vitug constituted a real estate mortgage on a lot belonging to her
in favour of Villaruel Corporation. Because of the defence that she is
merely the guarantor of the payment of the payment of the debt of
Villanueva and that villaruel corporation has no right of action against her
before exhausting all remedies against Villanueva, the principal debtor.
Study the Claims.
19.Castros debt to Carpio will become due and demandable on January 26,
2015. Cungihan, Castros guarantor having won 5 million from lotto paid
the debt of Castro on February 14, 2015. Due to Cungihans luxurious life
style,(including giving a gift of Ferrari to Osam), she became insolvent on
june 16, 2015. Now is demanding castro to indemnify her of the amount
she paid to carpio. Possible remedies?
20.John Lloyd, the suitor of Ruffa, in order to impress her and to show her
love to Ruffa, executed and surety agreement with Philippine Saving
Bank, bending himself to be solidary liable with Ruffa for whatever
amount Ruffa may incur. After 7 months, ruffa married a british national
and flew with him in UK. The bank, which cannot locate ruffa anymore,
filed an action against john Lloyd for the payment debt of ruffa. John Lloyd
contends that the surety agreement is not valid since at the time he
signed such agreement, there was no principal obligation yet.
21.Marianne is indebted to karylle in the amount of Php100,000.00 which
should be paid before January 28, 2015. Ding dong is the guarantor for
such indebtedness. Dingdong made the payment without notifying
Marianne. Thereafter, Marianne, without knowing that the obligation was
already fulfilled had repeated the payment. What is the remedy for
dingdong to recover the amount he paid?
22.Derek lend his car to jenelyn to be returned on December 6, 2016, despite
demand, jenelyn retained the car. When she is about to return it to Derek

the car was wrecked during a typhoon on December 8, 2015 .Is jenelyn
liable?
23.Ari jointly and severely bound himself to ensure the loan of Apioten. He
used his hand as a security. Upon apiotens failure to pay the obligation,
the bank proceeded against Ariz. He raised the defence of excussion. Will
he be benefited?
24.Amurao is a guarantor of Php1,000,000.00 debt of Galagala to Gallente.
Later,however she was ousted for galagala was latter found not to be the
owner. Will Amurao be answerable for Gallente?
25.To secure the fulfilment og the obligation,up to the sum of Php10,000.00,
of cuptan under a contract with dote who agreed to deliver to
cupatanmechandise for sale on consignment under certain terms,
Goyagoy insurance company executed a bond of Php30,000.00. The value
of the merchandise received by cupatan exceeded Php10,000.00 in value.
Rillon Insurance company executed a bond of Php8,000.00 with the same
terms and conditions as the bond of goyagoy insurance company,the
understanding Between the parties being that this bond would respond
for the obligation of cupatan only insofar as it might exceed the amount of
Php10,000.00 secured by the bond of goyagoy insurance company. Dote
brought action against Goyagoy insurance company and rillomn insurance
company for the amount of Php7,000.00 which Cupatanrecognized but
was unable to pay. Is goyagoy Insurance company entitled to the benefit
of division?