Beruflich Dokumente
Kultur Dokumente
CIVIL LAW
CREDIT TRANSACTIONS
AND
TORTS AND DAMAGES
Submitted to:
Atty. Stephanie Rachel Castro
Submitted by:
4A
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Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin
requested his girlfriend Rosella to execute a document entitled ―Continuing
Guaranty Agreement‖ whereby she expressly agreed to be solidarily liable for the
obligation of Kevin.
Can ABC Bank proceed directly against Rosella upon Kevin’s default even
without proceeding against Kevin first? Explain your answer. (3%)
SUGGESTED ANSWER:
Yes, ABC Bank may proceed directly against Rosella upon Kevin’s default even without
proceeding against Kevin first because Rosella is a surety after she bound herself
solidarily with the principal debtor.
Notwithstanding the use of the word ―guaranty‖ circumstances may be shown which
convert the contract into one of suretyship. Under the Civil Code, when the guarantor
binds himself solidarily with the principal debtor, the contract becomes one of suretyship
and not of guaranty proper. In a contract of suretyship, the liability of the surety is direct,
primary and absolute. He is directly and equally bound with the principal debtor. Such
being the case, a creditor can go directly against the surety although the principal
debtor is solvent and is able to pay or no prior demand is made on the principal debtor.
[Basis: Article 2047, Civil Code; Ong v. PCIB, 448 SCRA 705; discussed in pp. 810-812,
Vol. 2, Rabuya’s Civil Law Reviewer]
In this case, since Rosella is a surety, ABC Bank can go directly against her even
without proceeding against the principal debtor because the surety insures the debt,
regardless of whether or not the principal debtor is financially capable to fulfil his
obligation.
IV.
SUGGESTED ANSWER:
They are distinguished as follows:
Antichresis is always a contract while usufruct need not arise from a contract because it
may also be constituted by law or by other acts inter vivos, such as donation, or in a last
will and testament, or by prescription.
The subject matter of antichresis is always a real property while the subject matter of
usufruct may either be real property or personal property.
Antichresis is an accessory contract or contract of security while usufruct is a real right.
While in both, the fruits do not pertain to the owner, the usufructuary is entitled to enjoy
the fruits while the antichretic creditor has the obligation to apply the fruits to the
payment of the interest, if owing, and therefatre to the principal of the credit.
returned while in mutuum, the borrower discharges himself, not by returning the
Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought
to expropriate the property for its socialized housing project. The trial court fixed the just
compensation for the property at P50 million. The NHA immediately
deposited the same at the authorized depository bank and filed a motion for the
issuance of a writ of possession with the trial court. Unfortunately, there was delay in
the resolution of the motion. Meanwhile, the amount deposited earned interest.
When Josef sought the release of the amount deposited, NHA argued that Josef should
only be entitled to P50 million.
SUGGESTED ANSWER:
The interest earned belongs to Josef because bank interest partakes of the nature of
civil fruits under Article 442 of the Civil Code and shall belong to the owner of the
principal thing.
When the National Housing Authority deposited the P50 Million as payment for the just
compensation with an authorized depositary bank for the purpose of obtaining a writ of
possession, it is deemed to be a constructive delivery of the said amount to Josef. Since
Josef is entitled to the P50 Million and undisputably the owner of the said principal
amount, the interest yield, as accession, in a bank deposit should likewise pertain to the
owner of the money deposited. Being an attribute of ownership (jus fruendi), Josef’s
right over the fruits, that is the bank interests, must be respected. [Basis: Republic v.
Holy Trinity Realty Development Corp., G.R. No. 172410, April 14, 2008]
I. Loan
The borrower in a contract of loan or mutuum must pay interest to the lender.
A. If there is an agreement in writing to the effect. (2012 BAR)
B. As a matter of course.
C. If the amount borrowed is very large.
D. If the lender so demands at the maturity date.
SUGGESTED ANSWER:
NO. Art. 1956, provides that "no interest shall be due unless it has been expressly
stipulated in writing".
Is solutio indebiti applicable? Explain. Answer:
SUGGESTED ANSWER:
YES. Under Art. 1960, if the borrower pays interest when there has been no stipulation
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thereof, the provisions of the Civil Code concerning solutio indebiti shall be applied.
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SUGGESTED ANSWER:
No the bank is not correct, while the Bank is correct about the applicability of
compensation, it was not correct as to the amount compensated.
A bank deposit is a contract of loan, where the depositor is the creditor and the bank the
debtor. Since Sarah is also the debtor of the bank with respect to the loan, both are
mutually principal debtors and creditors of each other. Both obligations are due,
demandable and liquidated but only up to the extent of P300,000 (covering the unpaid
third, fourth and fifth monthly installments). The entire one million was not yet due
because the loan has no acceleration clause in case of default. And since there is no
retention or controversy commenced by third persons and communicated in due time to
the debtor, then all the requisites of legal compensation are present but only up to the
amount of P300,000. The bank, therefore, may deduct P300,000 pesos from Sarah's
bank deposit by way of compensation.
Felipe borrowed $100 from Gustavo in 1998, when the Phil P - US$ exchange rate
was P56 - US$1. On March 1, 2008, Felipe tendered to Gustavo a cashier’s check
in the amount of P4,135 in payment of his US$ 100 debt, based on the Phil P - US$
exchange rate at that time. Gustavo accepted the check, but forgot to deposit it
until Sept. 12, 2008. His bank refused to accept the check because it had become
stale. Gustavo now wants Felipe to pay him in cash the amount of P5,600.
Claiming that the previous payment was not in legal tender, and that there has
been extraordinary deflation since 1998, and therefore, Felipe should pay him the
value of the debt at the time it was incurred. Felipe refused to pay him again,
claiming that Gustavo is estopped from raising the issue of legal tender, having
accepted the check in March, and that it was Gustavo’s negligence in not
depositing the check immediately that caused the check to become stale.
Can Gustavo now raise the issue that the cashier’s check is not legal tender?
(2%) (2008 Bar Question)
MAIN SUGGESTED ANSWER:
No, because Gustavo is guilty of estoppel by laches. He led Felipe to believe he could
pay by cashier’s check, and Felipe relied that such cashier’s check would be encashed
thus extinguishing his obligation. Because of Gustavo’s inaction of more than six
months the check became stale and Felipe will prejudiced if he will be required to pay
$100 at the exchange rate of P56 to $ 1.00. The exchange should be the rate at the
time of payment.
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b) Can Felipe validly refuse to pay Gustavo again? (2%) (2008 Bar Question)
SUGGESTED ANSWER:
Yes, if the payment is valid. Since the bank considered the cashier’s check as being
stale for not having been encashed on time, then the cashier’s check may be issued
again. At any rate, non-payment of the amount to Gustavo would constitute unjust
enrichment.
Can Felipe compel Gustavo to receive US$100 instead? (1%) (2008 Bar Question)
SUGGESTED ANSWER:
Yes. Felipe can compel Gustavo to pay US $ 100 instead. Under the prior law, RA 529,
as amended by R.A. 4100, payment can only be in Philippine currency as it would be
against public policy, null and void and of no effect. However, under RA 8183, payment
maybe made in the currency agreed upon by the parties, and the rate of exchange to be
followed is at the time of payment. [C.F. Sharp & Co. Inc vs. Northwest Airlines, Inc.,
381 SCRA 314 [2002]).
Multiple choice: Choose the right answer. (2% each)
ALTERNATIVE ANSWER:
d (all of the above)
Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz
delivered the car, Jose brought it to Mitsubishi Cubao for maintenance check up
and incurred costs of P8,000. Seeing the car's peeling and faded paint, Jose also
had the car repainted for P10,000. Answer the two questions below based on
these common facts. (2013 BAR)
After the bar exams, Cruz asked for the return of his car. Jose said he would
return it as soon as Cruz has reimbursed him for the car maintenance and
repainting costs of P 18,000.
Is Jose's refusal justified? (1%)
a. No, Jose's refusal is not justified. In this kind of contract, Jose is obliged to pay
for all the expenses incurred for the preservation of the thing loaned.
b. Yes, Jose's refusal is justified. He is obliged to pay forall the ordinary and
extraordinary expenses, but subject to reimbursement from Cruz.
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c. Yes, Jose's refusal is justified. The principle of unjust enrichment warrants the
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ANSWER:
Who shall bear the costs for the van’s fuel, oil and other materials while it was
with Tito? Explain. (2%) (2005 Bar Question)
SUGGESTED ANSWER:
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The costs for the fuel and other materials are considered ordinary expenses, and
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consequently Tito, the bailee, shall shoulder them. (Art. 1941, Civil Code)
Who shall bear the expenses for the accidental damage caused by the cargo
truck, granting that the truck driver and truck owner are insolvent? Explain. (2%)
(2005 Bar Question)
SUGGESTED ANSWER:
Both Tito and Pedro shall bear equally the costs of the extraordinary expenses, having
been incurred on the occasion of actual use of the van by Tito, the bailee, even though
he acted without fault. (Art. 1949(2), Civil Code)
Distinguish briefly but clearly between: Mutuum and commodatum. (2004 Bar
Question)
SUGGESTED ANSWER:
In mutuum, the object borrowed must be a consumable thing the ownership of which is
transferred to the borrower who incurs the obligation to return the same consumable to
the lender in an equal amount, and of the same kind and quality. In commodatum, the
object borrowed is usually a non-consumable thing the ownership of which is not
transferred to the borrower who incurs the obligation to return the very thing to the
lender.
The parties in a contract of loan of money agreed that the yearly interest rate is
12% and it can be increased if there is a law that would authorize the increase of
interest rates. Suppose OB, the lender, would increase by 5% the rate of interest
to be paid by TY, the borrower, without a law authorizing such increase, would
OB’s action be just and valid? Why? Has TY a remedy against the imposition of
the rate increase? Explain. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
OB’s action is not just and valid. The debtor cannot be required to pay the increase in
interest there being no law authorizing it, as stipulated in the contract. Increasing the
rate in the absence of such law violates the principle of mutuality of contracts.
ALTERNATIVE ANSWER:
Even if there was a law authorizing the increase in interest rate, the stipulation is still
void because there is no corresponding stipulation to decrease the interest due when
the law reduces the rate of interest.
Carlos sues Dino for (a) collection on a promissory note for a loan, with no
agreement on interest, on which Dino defaulted, and (b) damages caused by Dino
on his (Carlos’) priceless Michaelangelo painting on which Dino accidentally
spilled acid while transporting it. The court finds Dino liable on the promissory
note and awards damages to Carlos for the damaged painting, with interests for
both awards. What rates of interest may the court impose with respect to both
awards? Explain. (5%) (2002 Bar Question)
SUGGESTED ANSWER:
With respect to the collection of money or promissory note, it being a forbearance of
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money, the legal rate of interest for having defaulted on the payment of 12% will apply.
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With respect to the damages to the painting, it is 6% from the time of the final demand
fruendi in one and jus utendi in the other); both may have as subject matter either an
SUGGESTED ANSWER:
We submit that there is no pactum commissorium here. Deposits of money in banks and
similar institutions are governed by the provisions on simple loans (Art. 1980, Civil
Code). The relationship between the depositor and a bank is one of creditor and debtor.
Basically this is a matter of compensation as all the elements of compensation are
present in this case [BPI vs. CA, 232 SCRA 302).
ADDITIONAL ANSWER:
Where the security for the debt is also money deposited in a bank, it is not illegal for the
creditor to encash the time deposit certificates to pay the debtor's overdue obligation.
(Chu vs. CA, et al., G.R. 78519. September 26, 1989).
A, upon request, loaned his passenger Jeepney to B to enable B to bring his sick
wife from Paniqui. Tarlac to the Philippine General Hospital in Manila for
treatment. On the way back to Paniqui, after leaving his wife at the hospital,
people stopped the passenger jeepney. B stopped for them and allowed them to
ride on board, accepting payment from them just as in the case of ordinary
passenger jeepneys plying their route. As B was crossing Bamban, there was an
onrush of lahar from Mt. Pinatubo. The jeep that was loaned to him was wrecked.
What do you call the contract that was entered into by A and B with respect to the
passenger jeepney that was loaned by A to B to transport the latter’s sick wife to
Manila?
Is B obliged to pay A for the use of the passenger jeepney?
SUGGESTED ANSWER:
A. The contract is called ―commodatum‖. (Art. 1933, Civil Code)
B. No, B is not obliged to pay A for the use of the passenger jeepney because
commodatum is essentially gratuitous. (Art. 1933, Civil Code)
Yes, because B devoted the thing to a purpose different from that for which it has been
loaned (Art. 1942, par. 2, Civil Code)
ALTERNATIVE ANSWER:
No, because an obligation which consists in the delivery of a determinate thing shall be
extinguished if it should be lost or destroyed without the fault of the debtor, and before
he has incurred in delay. (Art. 1262, Civil Code)
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Due to the continuous heavy rainfall, the major streets in Manila became flooded.
This compelled Cris to check-in at Square One Hotel. As soon as Crisgot off from
his Toyota Altis, the Hotel’s parking attendant got the key of his car and gave him
a valet parking customer’s claim stub. The attendant parked his car at the
basement of the hotel. Early in the morning, Cris was informed by the hotel
manager that his car was carnapped. (2014 BAR)
What contract, if any, was perfected between Cris and the Hotel when Cris
surrendered the key of his car to the Hotel’s parking attendant?
Answer:
The contract between Cris and Square One Hotel is one of necessary deposit. Deposit
of effects made by travelers or guests in hotels or inns is considered a necessary
deposit (Art. 1998). This includes not only the personal effects brought inside the hotel
premises but also vehicles or animals and articles which have been introduced or
placed in the annexes of the hotel.
What is the liability, if any, of the Hotel for the loss of Cris’ car?
Answer:
In the case of Durban Apartments v. Pioneer Insurance (G.R. No. 179419 January 12,
2011), the Supreme Court held the hotel liable for the loss of the vehicle of the guest
after its valet parking attendant parked the vehicle in front of a bank near the hotel
premises. The court ruled that the bank’s parking area became an annex of the hotel
when the management of the bank allowed the hotel to park vehicles there on the night
in question. The contract of deposit was perfected when the guest surrendered the keys
to his vehicle to the parking attendant and the hotel is under obligation of safely keeping
and returning it. Ultimately, Square One Hotel is liable for the loss of the vehicle.
Who enjoys the Right of Retention? (1%)
(A) Depositary until full payment of what may be due him in deposit.
B. Lessee if he advances the expenses for the repair of the leased premises.
C. Bailee if bailor owes him something.
D. Builder in bad faith for the recovery of necessary and useful expenses.
Answer:
Letter A – depositary (Article 1994)
Multiple choice: Choose the right answer. (2% each)
1. x x x
A deposit made in compliance with a legal obligation is:
A. an extrajudicial deposit;
B. a voluntary deposit;
C. a necessary deposit;
D. a deposit with a warehouseman;
E. letters a and b (2007 Bar Question)
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SUGGESTED ANSWER:
c (necessary deposit)
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To whom should A deliver the bag of money? Decide with reasons. (1992 Bar
Question)
SUGGESTED ANSWER:
B would have no right to claim the money. Article 1990 of the Civil Code is not
applicable. The law refers to another thing received in substitution of the object
deposited and is predicated upon something exchanged.
The Mayor of Manila cannot invoke. Article 719 of the Civil Code which requires the
finder to deposit the thing with the Mayor only when the previous possessor is
unknown. In this case, a must return the bag of money to the bank as the previous
possessor and known owner (Arts. 719 and 1990 Civil Code).
Ana rented a safety deposit box at the Alto Bank, paid the rental fee and was
given the key. Ana put her jewelry and gold coins in the box. Days after, three
armed men gained entry into the Alto Bank, opening its vault and several safety
deposit boxes, including Ana’s and emptied them of their contents.
Could Ana hold the Alto Bank liable for the loss of the contents of her deposit
box? Explain. (1987 Bar Question)
SUGGESTED ANSWER:
No, because under Article 1990 of the Civil Code, if the depository by force majeure
loses the thing and receives money or another thing in its place, he shall deliver the
sum or other thing to be depositor. There being no showing that there was anything
received in place of the things deposited the Alto Bank is not liable for the contents of
the safety box.
ALTERNATIVE ANSWER:
The Alto Bank is not liable because the contract is not a deposit but a rental of the
safety deposit box. Hence, the Alto Bank is not liable for the loss of the contents of the
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box.
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What is the difference between ―guaranty‖ and ―suretyship‖? (2010 Bar Question)
SUGGESTED ANSWER:
Guaranty and Suretyship distinguished:
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement
is false. Explain your answer in not more than two (2) sentences. (5%)
x x x
[d] An oral promise of guaranty is valid and binding. (2009 Bar Question)
SUGGESTED ANSWER:
FALSE. An oral contract of guaranty, being a special promise to answer for the debt of
another, is unenforceable unless in writing (Article 1403 [2] b, NCC).
ANOTHER SUGGESTED ANSWER:
TRUE. An oral promise of guaranty is valid and binding. While the contract is valid,
however, it is unenforceable because it is not in writing. Being a special promise to
answer for the debt, default, or miscarriage of another, the Statute of Frauds requires it
to be in writing to be enforceable (Article 1403 [2] b, NCC). The validity of a contract
should be distinguished from its enforceability.
In an action brought to collect a sum of money based on a surety agreement, the
defense of laches was raised as the claim was filed more than seven years from
the maturity of the obligation. However, the action was brought within the ten-
year prescriptive period provided by law wherein actions based on written
contracts can be instituted.
Will the defense prosper? Reason. (3%)
What are the essential elements of laches? (2%) (2000 Bar Question)
SUGGESTED ANSWER:
No, the defense will not prosper. The problem did not give facts from which laches may
be inferred. Mere delay in filing an action, standing alone, does not constitute laches
[Agra v. PNB, 309 SCRA 509).
The four basic elements of laches are: (1) conduct on the part of the defendant or of
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one under whom he claims, giving rise to the situation of which complainant seeks a
remedy; (2) delay in asserting the complainant’s rights, the complainant having had
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SUGGESTED ANSWER:
Yes, he can recover the deficiency. The action of AB to go after the surety bond cannot
be taken to mean a waiver of his right to demand payment for the whole debt. The
amount received from the surety is only payment pro tanto, and an action may be
maintained for a deficiency debt.
IV. Pledge
Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She
was made to sign an agreement that if she cannot pay her debt within six months,
Jane could immediately appropriate the jewelry for herself. After six months,
Donna failed to pay. Jane then displayed the earrings and ring set in her jewelry
shop located in a mall. A buyer, Juana, bought the jewelry set for P300,000.00.
(2015 BAR)
Was the agreement which Donna signed with Jane valid? Explain with legal
basis.
Answer:
NO, the agreement to appropriate the jewelry upon default of Donna is considered
pactum commissorium and it is considered void by law ( Art. 2088).
Can Donna redeem the jewelry set from Juana by paying the amount she owed
Jane to Juana? Explain with legal basis.
Answer:
NO, Donna cannot redeem it from Juana because the pledge contract is between her
and Jane. Juana is not a party to the pledge contract (Art. 1311)
Give an example of a pledge created by operation of law. Answer:
One example of a pledge created by operation of law is the right of the depositary to
retain the thing deposited until the depositor shall have paid him whatever may be due
to the depositary by reason of the deposit (Art. 1994). Another is the right of the agent to
retain the thing which is the object of the agency until the principal reimburses him the
expenses incurred in the execution of the agency. (Art. 1914)
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Ozamis Paper Corporation secured loans from ABC Universal Bank in the
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SUGGESTED ANSWER:
The contract is valid because Rosario has to execute a document in favor of Jennifer to
transfer the ownership of the pledged ring to the latter. The contract does not amount to
a pactum commissorium because it does not provide for the automatic appropriation by
the pledge of the thing pledged in case of default by the pledgor.
Will your answer to [a] be the same if the contract stipulates that upon failure of
Rosario to redeem the ring on due date, Jennifer may immediately sell the ring
and appropriate the entire proceeds thereof for herself as full payment of the?
Reasons. (3%) (2009 Bar Question)
SUGGESTED ANSWER:
No, my answer will be different. While the contract of pledge is valid, the stipulation
authorizing the pledge to immediately sell the thing pledged is void under Article 2088 of
the new
Civil Code which provides that: ―the creditor cannot appropriate the things given by way
of pledge or mortgage, or dispose of them x xx‖. Jennifer cannot immediately sell by
herself the thing pledge.
It must be foreclosed by selling it at a public auction in accordance with the procedure
under Article 2112 of the New Civil Code.
ABC loaned to MNO P40.000 for which the latter pledged 400 shares of stock in
XYZ Inc. It was agreed that if the pledgor failed to pay the loan with 10% yearly
interest within four years, the pledgee is authorized to foreclose on the shares of
stock. As required, MNO delivered possession of the shares to ABC with the
understanding that the shares would be returned to MNO upon the payment of
the loan. However, the loan was not paid on time.
A month after 4 years, may the shares of stock pledged be deemed owned by
ABC or not? Reason. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
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The shares of stock cannot be deemed owned by ABC upon default of MNO. They have
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to be foreclosed. Under Article 2088 of the Civil Code, the creditor cannot appropriate
In antichresis, the principal and the interest must be provided in writing for validity. In
pledge, the date and description of the pledge must be in a public instrument to affect
third persons.
Antichresis distinguished from mortgage:
In antichresis the fruits that are applied to .the interest and thereafter to the principal.
In mortgage the fruits are not applied to the principal obligation.
In antichresis, the creditor is in possession. In mortgage, the debtor is in possession.
The principal and interest must be in writing tor validity. In mortgage, registration is
required to bind third persons.
In antichresis, the creditor pays the taxes. In mortgage, taxes are not imposed on
the creditor.
RECOMMENDATION OF THE COMMITTEE:
If the above alternative answer is given, two (2) distinctions for each should be given full
credit.
A diamond ring and a female cow were pledged to secure a loan in the amount of
P100,000. The pledge appeared in a public instrument. A month later, the cow
gave birth. When the amount of the loan was not paid upon its maturity date, the
pledged caused to be sold at a public auction the ring, the cow and the cow’s
offspring and the amount of P150,000. as realized. The pledgor, upon learning of
the sale, demanded from the pledgee the excess in the price over and above the
amount of the principal obligation, claiming that he is entitled to the excess and
that the offspring was not included in the pledge. The pledgee refused to comply
with the demand. How would you decide this conflict? Give your reasons. (1989
Bar Question)
SUGGESTED ANSWER:
Debtor/pledgor is not entitled to the excess unless the contrary is agreed upon. The
offspring shall pertain to the pledgor but is subject to the pledge if there is no stipulation
to the contrary.
V. Real Mortgage
foreclosed by NB. FMI further claimed that when Mr. Bong installed the pumps in
his adjoining property, a voluntary easement was constituted in favor of FMI.
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Answer:
NO, the action will not prosper. The essence of a mortgage is that it immediately
subjects the property upon which it is imposed, and whoever the possessor may be, to
the fulfillment of the obligation for whose security it was constituted (Art. 2126). There
was no voluntary easement in this case because at the time the water pumps were
constructed, the subject lot where the water pumps were constructed and the
condominium belong to the same person. No one can have an easement over his own
property (Bogo- Medellin v. CA G.R. 124699, July 31, 2003). Even of the assumption
that an easement was created in favor of FMI, that alone will not defeat the right of the
mortgagee to enforce the security if the debtor defaults.
Lito obtained a loan of P1,000,000 from Ferdie, payable within one year. To secure
payment, Lito executed a chattel mortgage on a Toyota Avanza and a real estate
mortgage on a 200-square meter piece of property. (2013 BAR)
Would it be legally significant - from the point of view of validity and
enforceability - if the loan and the mortgages were in public or private
instruments?
Answer:
From the point of view of validity and enforceability, there would be legal significance if
the mortgage was in public or private instrument. As for the loan, there is no legal
significance except if interest were charged on the loan, in which case the charging of
interest must be in writing. A contract of loan is a real contract and is perfected upon the
delivery of the object of the obligation (Art. 1914). Thus, a contract of loan is valid and
enforceable even if it is neither in a private nor in a public document. As a rule,
contracts shall he obligatory in whatever form they may have been entered into
provided all the essential requisites for their validity are present. With regard to its
enforceability, a contract of loan is not among those enumerated under Art. 1403 (2),
which are covered by the Statute of Frauds. It is important to note that under Art. 1358,
all other contracts where the amount involved exceeds five hundred pesos must appear
in writing, even a private one. However, the requirement is not for the validity of the
contract, but only for its greater efficacy. With regard the chattel mortgage, Act No.
1508, the Chattel Mortgage Law, requires an affidavit of good faith stating that the
chattel mortgage is supposed to stand as security for the loan; thus, for validity of the
chattel mortgage, it must be in a public document and recorded in the Chattel Mortgage
Register in the Registry of Deeds. A real estate mortgage under the provisions of Art.
2125 requires that in order that a mortgage may be validly constituted the document in
which it appears be recorded. If the instrument is not recorded, the mortgage is
nevertheless valid and binding between the parties. Hence, for validity of both chattel
and real estate mortgages, they must appear in a public instrument. But for purposes of
enforceability, it is submitted that the form of the contract, whether in a public or private
document, would be immaterial (Mobil Oil v. Diocares, G.R. No. L-26371, September
30, 1969). Also, under Art. 1358, acts and contracts which have for their object the
creation or transmission of real rights over immovable property must be in a public
document fur greater efficacy, and a real estate mortgage is a real right over immovable
property.
Lito's failure to pay led to the extra-judicial foreclosure of the mortgaged real
property. Within a year from foreclosure, Lito tendered a manager's check to
Ferdie to redeem the property. Ferdie refused to accept payment on the ground
that he wanted payment in cash: the check does not qualify as legal tender and
does not include the interest payment. Is Ferdie's refusal justified?
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If Amador sells his residential house and lot to Diego, can Basilio foreclose the
real estate mortgage? (1%)
a. Yes, Basilio can foreclose the real estate mortgage because real estate
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NO, the purchaser’s right to request for the issuance of the writ of possession of the
land never prescribes. The right to possess a property merely follows the right of
ownership, and it would be illogical to hold that a person having ownership of a parcel of
land is barred from seeking possession thereof (Spouses Edralin v. Philippine Veteran’s
Bank, G.R. No. 168523, March 9, 2011).
X obtained a P10 M loan from BBB Banking Corporation. The loan is secured by
REM on his vacation house in Tagaytay City. The original Deed of REM for the
P10 M was duly registered. The Deed of REM also provides that ―The mortgagor
also agrees that this mortgage will secure the payment of additional loans or
credit accommodations that may be granted by the mortgagee…‖ Subsequently,
because he needed more funds, he obtained another P5 M loan. On due dates of
both loans, X failed to pay the P5 M but fully paid the P10 M. BBB Banking
Corporation instituted extrajudicial foreclosure proceedings.
a. Will the extrajudicial foreclosure prosper considering that the additional P5
M was not covered by the registration?
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SUGGESTED ANSWER:
Yes. X executed a REM containing a ―blanket mortgage clause‖. Mortgages given to
secure future advancements are valid and legal contracts, and the amounts names as
consideration in said contracts do not limit the amount for which the mortgage may
stand as security if from the four corners of the instrument the intent to secure future
and other indebtedness.
Generally, a dragnet clause is a clause in a deed of REM stating that the mortgage
secures all the loans and advances that the mortgagor may at any time owe to the
mortgagee. The word ―dragnet‖ is a reference to a net drawn through a river or across
ground to trap fish or game. It is also known in American jurisprudence as a ―blanket
mortgage clause‖ or an ―anaconda clause‖. A mortgage with a dragnet clause enables
the parties to provide continuous dealings, the nature or extent of which may not be
known or anticipated at the time, and they avoid the expense and inconvenience of
executing a new security on each new transaction. It operates as a convenience and
accommodation to the borrower as it makes available additional funds to him without his
having to execute additional security documents, thereby saving time, travel, costs of
extra legal services, recording fees, etc.
The ―dragnet clause‖ may not apply to other loans extended by the mortgagee to the
mortgagor for which other securities were given. In the case of Prudential Bank v.
Alviar, the Supreme Court adopted the ―reliance on the security test‖ to the effect that
―when the mortgagor takes another loan [from the mortgagee] for which another security
was given, it could not be inferred that such loan was made in reliance solely on the
original security with the ―dragnet clause‖, but rather, on the new security given‖. This
means that the existence of the new security must be respected and the foreclosure of
the old security should only be for the other loans not separately collateralized and for
any amount not covered by the new security for the new loan.
X, at Y’s request, executed a Real Estate Mortgage (REM) on his (X’s) land to
secure Y’s loan from Z. Z successfully foreclosed the REM when Y defaulted on
the loan but half of Y’s obligation remained unpaid. May Z sue X to enforce his
right to the deficiency? (2011 Bar Question)
A. Yes, but solidarily with Y.
B. Yes, since X’s is deemed to warrant that his land would cover the whole
obligation.
C. No, since it is the buyer at the auction sale who should answer for the
deficiency.
D. No, because X is not Z’s debtor.
SUGGESTED ANSWER:
Eduardo was granted a loan by XYZ Bank for the purpose of improving a building
which XYZ leased from him. Eduardo, executed the promissory note (―PN‖) in
favor of the bank, with his friend Recardo as cosignatory. In the PN, they both
acknowledged that they are ―individually and collectively‖ liable and waived the
need for prior demand. To secure the PN, Recardo executed a real estate
mortgage on his own property. When Eduardo defaulted on the PN, XYZ stopped
payment of rentals on the building on the ground that legal compensation had set
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in. Since there was still a balance due on the PN after applying the rentals, XYZ
foreclosed the real estate mortgage over Recardo’s property.
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To secure a loan obtained from a rural bank, Purita assigned her leasehold rights
over a stall in the public market in favor of the bank. The deed of assignment
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provides that in case of default in the payment of the loan, the bank shall have the
What are the rights of the bank vis-à-vis those buyers with remaining unpaid
installments? Discuss. (1999 Bar Question)
SUGGESTED ANSWER:
No. The bank may not dispossess the prior purchasers of the individual lots, much less
require them to pay for the paid lots. The bank has to respect the rights of the prior
purchasers of the individual lots. The purchasers have the option to pay the installments
of the mortgagee.
The bank has to respect the rights of the buyers with remaining unpaid installments.
The purchaser has the option to pay the installments to the mortgagee who should
apply the payments to the mortgage indebtedness.
Borrower obtained a loan against the security of a mortgage on a parcel of land.
While the mortgage was subsisting, borrower leased for 50 years the mortgaged
property to Land development Company (LDC). The mortgagee was duly advised
of the lease.
Thereafter, LDC constructed on the mortgaged property an office condominium.
Borrower defaulted on his loan and mortgagee foreclosed the mortgage. At the
foreclosure sale, the mortgagee was awarded the property as the highest bidder.
The corresponding Certificate of Sale was executed and after the lapse of 1 year,
title was consolidated in the name of the mortgagee.
Mortgagee then applied with the RTC for the issuance of a writ of possession not
only over the land but also the condominium building. The mortgagee contended
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that the mortgage included all accessions, improvements and accessories found
on the mortgaged property.
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Is the mortgagee entitled to the lease rentals due from LDC under the lease
agreement? (1999 Bar Question)
SUGGESTED ANSWER:
a. The mortgagee has a better right than LDC. The mortgage extends to the
improvements introduced on the land, with the declarations, amplifications, and
limitations established by law, whether the estate remains in the possession of the
mortgagor or passes into the hands of a third person. The notice given by LDC to
the mortgagee was not enough to remove the building from coverage of the
mortgage considering that the building was built after the mortgaged was
constituted and the notice was only as regards the lease and not as to the
construction of the building. Since the mortgagee was informed of the lease and did
not object to it, the mortgagee became bound by the terms of the lease when it
acquired the property as the highest bidder. Hence, the mortgagee steps into the
shoes of the mortgagor and acquires the rights of the lessor under Article 1678 of
the Civil Code. This provision gives the lessor the right to appropriate the
condominium building but after paying the lessee half of the value of the building at
that time. Should the lessor refuse to reimburse said amount, the lessee may
remove the improvement even though the land will suffer damage thereby.
The lease rentals belong to the mortgagor. However, the mortgage extends to
rentals not yet received when the obligation becomes due and the mortgagee may
ran after the said rentals for the payment of the mortgage debt.
Debtor purchased a parcel of land from a realty company payable in 5 yearly
installments. Under the contract of sale, title to the lot would be transferred upon
full payment of the purchase price.
But even before full payment, debtor constructed a house on the lot. Sometime
thereafter, debtor mortgaged the house to secure his obligation arising from the
issuance of a bond needed in the conduct of his business. The mortgage was
duly registered with the proper chattel mortgage registry.
5 years later after completing payment of the purchase price, debtor obtained title
to the lot. And even as the chattel mortgage on the house was still subsisting,
debtor mortgaged to a bank the lot and improvement thereon to secure a loan.
This real estate mortgage was duly registered and annotated at the bank of the
title.
Due to business reverses, debtor failed to pay his creditors. The chattel mortgage
was foreclosed when the debtor failed to reimburse the surety company for
payments made on the bond. In the foreclosure sale, the surety company was
awarded the house as the highest bidder.
Only after the foreclosure sale did the surety company learn of the real estate
mortgage in favor of the lending investor on the lot and the improvement thereon.
Immediately, it filed a complaint praying for the exclusion of the house from the
real estate mortgage. It was submitted that as the chattel mortgage was executed
and registered ahead, it was superior to the real estate mortgage.
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nullity, the surety company countered that when the chattel mortgage was
Who has a better claim to the house, the surety company or the lending investor?
Explain.
Would the position of the surety company be bolstered by the fact that it acquired
title in a foreclosure sale conducted by the Provincial Sheriff. Explain. (1999 Bar
Question)
SUGGESTED ANSWER:
The house is always a real property even though it was constructed on a land not
belonging to the builder. However, the parties may treat it as personal property and
constitute a chattel mortgage thereon. Such mortgage shall be valid and binding but
only on the parties. It will not bind or affect third parties.
The lending investor has a better claim to the house. The real estate mortgage covering
the house and lot was duly registered and binds the parties and third persons. On the
other hand, the chattel mortgage on the house securing the credit of the surety
company did not affect the rights of third parties such as the lending investor despite
registration of the chattel mortgage.
No. The chattel mortgage over the house which was foreclosed did not affect the rights
of third parties like the lending investor. Since third parties are not bound by the chattel
mortgage, they are not also bound by any enforcement of its provisions. The foreclosure
of such chattel mortgage did not bolster or add anything to the position of the surety
company.
Distinguish between a contract of real estate mortgage and a contract of sale with
right of repurchase. (1989 Bar Question)
SUGGESTED ANSWER:
Real estate mortgage is an accessory contract. A contract of sale with right of
repurchase is a principal contract.
Real estate mortgage involves no transfer of title. A contract of sale involves a
conditional transfer of title.
Real estate mortgage involves no transfer of possession. A contract of sale involves a
conditional transfer of possession.
In a real estate mortgage the creditor has no rights to the fruits. In a contract of sale, the
vendee is entitled to the fruits.
In a real estate mortgage, upon default the creditor is not the owner. In a contract of
sale, upon consolidation, the vendee is the owner.
RECOMMENDATION OF THE COMMITTEE:
Any three (3) of the foregoing distinctions should be given full credit.
Does an action to foreclose a real estate mortgage affecting registered land under
the Torrens System prescribe? Give your reasons. (1989 Bar Question)
SUGGESTED ANSWER:
Even if the property given as collateral is covered by a Torrens Title, the right to
foreclose a real estate mortgage thereon prescribes. This is really an action to enforce
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In antichresis, the principal and the interest must be provided in writing for validity. In
pledge, the date and description of the pledge must be in a public instrument to affect
third persons.
Antichresis distinguished from mortgage:
In antichresis the fruits that are applied to .the interest and thereafter to the principal. In
mortgage the fruits are not applied to the principal obligation.
In antichresis, the creditor pays the taxes. In mortgage, taxes are not imposed on the
creditor.
RECOMMENDATION OF THE COMMITTEE:
If the above alternative answer is given, two (2) distinctions for each should be given full
credit.
Union Corporation was declared insolvent by order of the court. All creditors of
Union were asked to file their claims and attend a meeting to elect the assignee in
insolvency. Merchant Finance Corporation (MFC) has a claim for P500,000, which
is secured by a mortgage on a piece of land worth P1 M. MFC seeks your advice
as counsel whether it should participate in the foregoing proceedings.
What advice would you give MFC? (1987 Bar Question)
SUGGESTED ANSWER:
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I would advise MFC that, having a contractual mortgage (the value of the mortgaged
property being well over the secured obligation), it should refrain from participating in
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the proceedings and instead pursue its preferential right to foreclose the mortgage.
SUGGESTED ANSWER:
Yes. A’s action for the cancellation of the real estate mortgage will prosper. The rule is
to the effect that the foreclosure of the chattel mortgage on the thing sold, bars further
recovery by the vendor of any unpaid balance of the price. Any agreement to the
contrary is void. A’s real estate mortgage is invalid, being a flagrant circumvention of the
prohibition of the law.
Include: Act 3135, as amended by R.A. No. 4118
DMP Corporation (DMP) obtained a loan of P20 M from National Bank (NB)
secured by a real estate mortgage over a 63,380-square meter land situated in
Cabanatuan City. Due to the Asian Economic Crisis, DMP experienced liquidity
problems disenabling it from paying its loan on time. For that reason, NB sought
the extrajudicial foreclosure of the said mortgage by filing a petition for sale on
June 30, 2003. On September 4, 2003, the mortgaged property was sold at public
auction, which was eventually awarded to NB as the highest bidder. That same
day, the Sheriff executed a Certificate of Sale in favor of NB.
On October 21, 2003, DMP filed a Petition for Rehabilitation before the RTC.
Pursuant to this, a Stay Order was issued by the RTC on October 27, 2003.
On the other hand, NB caused the recording of the Sheriff’s certificate of Sale on
certificate of sale in favor of the mortgagee were done prior to the appointment of a
Rehabilitation Receiver and the issuance of the Stay Order, all the actions taken with
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a) The mortgagee can claim for deficiency judgment from the debtor.
X mortgaged her residential house and lot in favor of ABC Bank. X defaulted in
her loan and so the bank foreclosed the real estate mortgage on the residential
house. Y then bought the residential house and lot before the expiration of the
redemption period. Can Y now take possession of the property? (2012 Bar
Question)
a. No, because it is still covered by the redemption period and the purchaser is
not yet entitled as a matter of right to take possession of the property;
b. Yes, the purchaser is now entitled to the possession of the house;
c. No, because there is a need to talk to X to leave the house;
d. No, because Y was not the one who foreclosed the mortgage on the property.
SUGGESTED ANSWER:
No, because it is still covered by the redemption period and the purchaser is not yet
entitled as a matter of right to take possession of the property
Which phrase best completes the statement—When a debt is secured by a real
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c) The creditor can foreclose the mortgage and demand collection for any deficiency.
X obtained a loan for P50 M from SSS Bank. The collateral is his vacation house
in Baguio City under a real estate mortgage. X needed more funds for his
business so he again borrowed another P10 M, this time from BBB Bank, another
bank, using the same collateral. The loan secured from SSS Bank fell due and X
defaulted.
If SSS Bank forecloses the real estate mortgage, what rights, if any, are left with
BBB Bank as mortgagee also?
If the value of the Baguio property is less than the amount of loan, what would be
the recourse of SSS bank? BBB Bank?
If the value of the property is more that the amount of the loan, who will benefit
from the excess value of the property?
If X defaulted with its loan in favor of BBB Bank but fully paid his loan with SSS
Bank, can BBB foreclose the real mortgage executed in its favor?
Does X have any legal remedy after the foreclosure in the event that later on he
has the money to pay for the loan?
If SSS Bank and BBB Bank abandoned their rights under the real estate
mortgage, is there any legal recourse available to them? (2012 Bar Question)
SUGGESTED ANSWER:
BBB Bank, as junior mortgagee, would have a right to redeem the foreclosed
property, together with X, his successors in interest, any judicial or judgment
creditor of X, or any other person or entity having a lien on the vacation house
subsequent to the real estate mortgage in favor of SSS Bank.
In case of a deficiency, SSS Bank could file suit to claim for the deficiency. BBB
Bank could file an ordinary action to collect its loan from X. if it does so, it would be
deemed to have waived it mortgage lien. If the judgment in the action to collect is
favorable to BBB Bank, and it becomes final and executor, BBB Bank could
enforce the said judgment by execution. It could even levy execution on the same
mortgaged property, but it would not have priority over the latter.
If the value of the property is more than the amount of the loan, the excess could
benefit and be claimed by BBB Bank, any judicial or judgment creditor of X, any
other junior mortgagee, and X.
If X defaulted in respect of his loan from BBB Bank but fully paid his loan from SSS
Bank, BBB Bank could now foreclose the mortgaged property as it would be the
only remaining mortgagee of the same.
Yes, X could redeem the property within 1 year from the date of registration of the
sheriff’s certificate of foreclosure sale.
SSS Bank and BBB Bank could each file an ordinary action to collect its loan from X.
On X’s failure to pay his loan to ABC Bank, the latter foreclosed the Real Estate
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Mortgage he executed in its favor. The auction sale was set for Dec. 1, 2010 with
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the notices of sale published as the law required. The sale was, however,
c. Void.
Ozamis Paper Corporation secured loans from ABC Universal Bank in the
aggregate principal amount of P100 M, evidenced by several promissory notes,
and secured by a continuing guaranty of its principal stockholder Menandro
Marquez; a pledge of Marquez’s shares in the corporation valued at P45 M; and a
real estate mortgage over certain parcels of land owned by Marquez.
The corporation defaulted and the bank extra-judicially foreclosed on the real
estate mortgage. The bank, which was the sole bidder for P75 M, won the award.
Can the bank sue Marquez for the deficiency of P25 M? Explain. (2010 Bar
Question)
SUGGESTED ANSWER:
Yes, the bank can sue Marquez for the deficiency of P25 M. in extrajudicial foreclosure
of a real estate mortgage, if the proceeds of the sale are insufficient to pay the debt, the
mortgagee has the right to sue for the deficiency.
If the bank opts to file an action for collection against the corporation, can it
afterwards institute a real action to foreclose the mortgage? Explain. (2010 Bar
Question)
SUGGESTED ANSWER:
No, the bank can no longer file an action to foreclose the real estate mortgage. When it
filed a collection case, it was deemed to have abandoned the real estate mortgage.
Can the bank foreclose on the pledged shares of Marquez and recover the
deficiency from the corporation? (2010 Bar Question)
SUGGESTED ANSWER:
If the bank forecloses the pledge, it cannot recover the deficiency because the
foreclosure extinguishes the principal obligation, whether or not the proceeds from the
foreclosure are equal to the amount of the principal obligation.
On December 4, 2003, RED Corporation executed a real estate mortgage in favor
of BLUE Bank. RED Corporation defaulted in the payment of its loan.
Consequently, on June 4, 2004, BLUE Bank extrajudicially foreclosed the
property. Being the highest bidder in the auction sale conducted, the Bank was
issued a Certificate of Sale which was registered on August 4, 2004.
Does RED Corporation still have the right to redeem the property as of September
14, 2007? Reason briefly. (2007 Bar Question)
SUGGESTED ANSWER:
No, RED Corporation has lost its right to redeem the property. Juridical persons whose
property is sold pursuant to an extrajudicial foreclosure, shall have the right to redeem
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the property until registration of the certificate of sale with the Register of Deeds, which
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SUGGESTED ANSWER:
A mortgage may extrajudicially foreclose a real estate mortgage when the right to
foreclose extrajudicially has been expressly stipulated in the deed of mortgage or there
is a special power in the real estate mortgage authorizing it.
Primetime Corporation (the Borrower) obtained a P10 M, 5-year term loan from
Universal Bank (the Bank) in 1996. As security for the loan and as required by the
Bank, the Borrower gave the following collateral security in favor of the Bank:
A real estate mortgage over the land and building owned by the Borrower and
located in Quezon City;
The joint and several promissory note of Mr. Primo Timbol, the President of
the Borrower; and
A real estate mortgage over the residential house and lot owned by Mr.
Timbol, also located in Quezon City
Because of business reverses, neither the Borrower nor Mr. Timbol was able to
pay the loan. In June 2001, the Bank extrajudicially foreclosed the two real estate
mortgages, with the Bank as the only bidder in the foreclosure sale. On
September 16, 2001, the certificates of sale of the two properties in favor of the
Bank were registered with the Register of Deeds of Quezon City.
10 months later, both the Borrower and Mr. Timbol were able to raise sufficient
funds to redeem their respective properties from the Bank, but the Bank refused
to permit redemption on the ground that the period for redemption had already
expired, so that the Bank now has absolute ownership of both properties. The
Borrower and Mr. Timbol came to you today, September 15, 2002, to find out if the
position of the Bank is correct. What would be your answer? State your reasons.
(2002 Bar Question)
SUGGESTED ANSWER:
With respect to the real estate mortgage over the land and building owned by the
Borrower, Primetime Corporation, a juridical body, the period of redemption is only 3
months, which period already expired.
As to the real estate mortgage over the residential house and lot owned by Mr. Timbol,
the period of redemption is 1 year from the date of registration of the sale, which period
has not yet expired in this case.
Debtor ―A‖ issued a promissory note in the amount of P10 M in favor of a
commercial bank ―Y‖ secured by mortgage of his properties worth P30 M. When
―A‖ failed to pay his indebtedness, despite demands made by bank ―Y‖, the latter
instituted a collection suit to enforce payment of the P10 M account.
Subsequently, bank ―Y‖ also filed foreclosure proceedings against ―A‖ for the
security given for the account. If you were the judge, how would you resolve the
two cases? (2001 Bar Question)
SUGGESTED ANSWER:
The case for collection will be allowed to proceed. But the foreclosure proceedings have
to be dismissed. In instituting a foreclosure proceedings, after filing a collection case
involving the same account or transaction, bank ―Y‖ is guilty of splitting a cause of
action. The loan of P10 M is the principal obligation while the mortgage securing the
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same is merely an accessory to said loan obligation. The collection of the loan and the
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foreclosure of the mortgage securing said loan constitute one and the same cause of
actions actually pending at the time of the appointment of the receiver but those that
may be brought subsequent thereto, so long as the distressed corporation remain under
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VI. Antichresis
a. a written contract;
b. a contract with a stipulation that the debt will be paid through receipt of
the fruits of an immovable;
c. involves the payment of interests, if owing;
d. all of the above;
e. letters a and b.
SUGGESTED ANSWER:
Olivia owns a vast mango plantation which she can no longer properly manage
due to a lingering illness. Since she is indebted to Peter in the amount of
P500,000.00, she asks Peter to manage the plantation and apply the harvest to the
payment of her obligation to him, principal and interest, until her Indebtedness
shall have been fully paid. Peter agrees.
What kind of contract is entered into between Olivia and Peter? Explain.
What specific obligations are imposed by law on Peter as a consequence
of their contract?
Does the law require any specific form for the validity of their contract?
Explain
May Olivia re-Require the plantation before her entire indebtedness shall
have been fully paid? Explain. (1994 Bar Question)
SUGGESTED ANSWER:
a. A contract of antichresis was entered into between Olivia and Peter. Under Article
2132 of the New Civil Code, by a contract of antichresis the creditor acquires the
right to receive the fruits of an immovable of his debtor, with the obligation to apply
them to the payment of the interest, and thereafter to the principal of his credit.
b. Peter must pay taxes and charges upon the land and bear the necessary
expenses for preservation and repair which he may deduct from the fruits. (Art.
2135, NCC)
The amount of the principal and interest must be specified in writing, otherwise the
antichresis will be void. (Art. 2134, NCC)
33
No. Art. 2136 specifically provides that the debtor cannot re-acquire the enjoyment
of the immovable without first having totally paid what he owes the creditor.
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In antichresis the fruits that are applied to .the interest and thereafter to the
principal. In mortgage the fruits are not applied to the principal obligation.
In antichresis, the creditor is in possession. In mortgage, the debtor is in
possession.
The principal and interest must be in writing tor validity. In mortgage,
registration is required to bind third persons.
In antichresis, the creditor pays the taxes. In mortgage, taxes are not imposed
on the creditor.
If the above alternative answer is given, two (2) distinctions for each should be given full
credit.
VII. Chattel Mortgage
Under the Torrens system of land registration, every person dealing with registered land
may rely on the correctness of the certificate of title and the law will not in any way
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oblige him to look behind or beyond the certificate in order to determine the condition of
company.
The house is always a real property even though it was constructed on a land not
belonging to the builder. However, the parties may treat it as personal property
and constitute a chattel mortgage thereon. Such mortgage shall be valid and
binding but only on the parties. It will not bind or affect third parties.
The lending investor has a better claim to the house. The real estate mortgage
covering the house and lot was duly registered and binds the parties and third
persons. On the other hand, the chattel mortgage on the house securing the credit
of the surety company did not affect the rights of third parties such as the lending
investor despite registration of the chattel mortgage.
No. The chattel mortgage over the house which was foreclosed did not affect the
rights of third parties like the lending investor. Since third parties are not bound by
the chattel mortgage, they are not also bound by any enforcement of its provisions.
The foreclosure of such chattel mortgage did not bolster or add anything to the
position of the surety company.
Ritz bought a new car on installments which provided for an acceleration clause
in the event of default. To secure payment of the unpaid installment, as and when
due, he constituted 2 chattel mortgages. i.e., one over his very old car and the
other covering the new car that he had just bought, as aforesaid, on installment.
After Ritz defaulted on 3 installments, the seller-mortgagee foreclosed on the old
car. The proceeds of the foreclosure were not enough to satisfy the due
obligation; hence, he similarly sought to foreclose on the new car. Would the
seller-mortgagee be legally justified in foreclosing on this second chattel
mortgage? (1997 Bar Question)
SUGGESTED ANSWER:
No. the 2 mortgages were executed to secure the payment of the unpaid installments
for the purchase of a new car. When the mortgage on the old car was foreclosed, the
seller-mortgagee is deemed to have renounced all other rights. A foreclosure of
additional property, that is, the new car covered by the second mortgage would be a
nullity.
Finding a 24-month payment plan attractive, Anjo purchased a Tamaraw FX from
Toyota Quezon City. He paid a down payment of P100,000, and obtained financing
for the balance from IOU Company. He executed a chattel mortgages over the
vehicle in favor of IOU. When Anjo defaulted, IOU foreclosed the chattel
mortgage, and sought to recover the deficiency.
May IOU still recover the deficiency? Explain. (1996 Bar Question)
SUGGESTED ANSWER:
IOU may no longer recover the deficiency. Under Article 1484 of the Civil Code, in a
contract of sale of personal property the price of which is payable in installments, the
vendor may, among several options, foreclose the chattel mortgage on the thing sold, if
one has been constituted, should the vendee’s failure to pay cover 2 or more
installments. In such case, however, the vendor shall have no further action against the
37
purchaser to recover any unpaid balance of the price and any agreement to the contrary
is void. While the given facts did not explicitly state that Anjo’s failure to pay covered 2
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Yes. A can recover his car from the Savings and Loan Association. In a Chattel
Mortgage, the mortgagor must be the absolute owner of the thing mortgaged.
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Furthermore, the person constituting the mortgage must have the free disposal of the
SUGGESTED ANSWER:
A chattel mortgage cannot effectively secure after-incurred obligations. While a
stipulation to include after -incurred obligations in a chattel mortgage is itself not invalid,
the obligation cannot, however, be deemed automatically secured by that mortgage until
after a new chattel mortgage or an addendum to the original chattel mortgage is
executed to cover the obligation after it has been actually incurred. Accordingly, unless
such supplements are made, the chattel mortgage in the problem given would be
deemed to secure only the loan of P20,000.
Eastern Motors, Inc. (EMI), an automotive dealer, sold a Toyota station wagon to
Alran Tuason, payable in 10 monthly installments. The installments were
evidenced by a promissory note and secured by a mortgage on the car. EMI
assigned the credit to Island Finance Corporation (IFC), subject to IFC’s right of
recourse to EMI if the car buyer (Tuason) was unable to pay the credit in full.
Upon Tuason’s default, IFC foreclosed on the mortgage. Since a deficiency
remained, IFC sought to collect the same from EMI.
Is IFC justified in doing so? Reason out your answer. (1987 Bar Question)
SUGGESTED ANSWER:
IFC is not justified in collecting the deficiency from EMI. An assignee is merely a
successor -in-interest of the assignor and, therefore, unless otherwise expressed in the
deed of assignment, the right of recourse stipulated in favor of IFC must be deemed
confined only to a case where the car buyer is unable to pay the credit in full. By
foreclosing on the car, the right to the deficiency is lost and no further amount is thus
due from the car buyer.
Benedicto executed a chattel mortagage on a Mercedes-Benz car in favor of
Silverio. The mortgage was duly registered on August 15. Upon the failure of
Benedicto to pay the obligation secured by the chattel mortgage, Silverio filed, on
October 3, an action for replevin to take possession of the mortgaged car. It
turned out that as early as August 20, Leopoldo had already filed an action to
recover a sum of money against Benedicto. Even before the repelvin case of
Silverio could be set for trial, Leopoldo caused a levy to be made on the Mercede-
Benz to satisfy the money judgment which a court had awarded on October 10
against Benedicto in favor of Leopoldo.
Whose claim to the Mercedes-Benz car will prevail, Leopoldo’s or Silverio’s?
explain. (1986 Bar Question)
SUGGESTED ANSWER:
Silverio’s claim will prevail. His mortgage was duly registered on August 15 or days
before Leopoldo filed his action and months before the judgment levy by him was made.
The time when Silverio sought to enforce the lien is not material; the date of registration
of the chattel mortgage is enough to bind, or make it effective as against, third persons.
Juan Royo is constructing his family home on a lot in Marikina which he leased
39
from Fernando Paz. Short of funds to finish the house, Juan borrowed from
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Who shall bear the loss of the mortgaged sugar? Give reasons. (1978 Bar
Question)
SUGGESTED ANSWER:
Yes. B’s suit will prosper. The mortgagee, B, after the loss of the sugar in a warehouse,
may still recover on the obligation of the mortgagor, as an ordinary creditor, he having
lost already his security. (Martinez v. Philippine National Bank, L-4080, Sept. 21, 1953)
Mr. A, the mortgagor, shall bear the loss of the mortgaged sugar. The mortgagee, not
being the owner of the mortgaged sugar, does not suffer the loss. Said goods are to be
regarded as lost on account of the real owner, the mortgagor. (Martinez v. Philippine
National Bank, L-4080, Sept. 21, 1953)
A, as guarantor, executed a real estate mortgage in the amount of P50,000.00 to
secure payment of the indebtedness of XYZ Transit Co. for the purchase of two
GM trucks with a total value of P152,000.00. XYZ Transit Co. paid BMC Motors
Co., the seller of the trucks, the sum of P92,000.00, thus leaving a balance of
P60,000.00. The obligation guaranteed is further secured by a deed of chattel
mortgage on the trucks executed by XYZ Transit Co., in favor of BMC Motors Co.
To collect the balance of P60,000.00, BMC Motors Co. later filed an action against
XYZ Transit Co. with CFI, Manila to foreclose the chattel mortgage. The suit
resulted in the sale of the trucks at public auction in the amount of P50,000.00.
A, the real estate mortgagor, filed an action for the cancellation of the real estate
mortgage above-mentioned.
Will the action prosper? Give reasons. (1978 Bar Question)
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a. Is not valid, hence not binding between the mortgagor and the mortgagee;
b. Is binding between the mortgagor and the mortgagee but will not affect
third party;
c.To be valid between the mortgagor and the mortgagee, it must be
coupled with the delivery of the subject matter of the chattel mortgage;
d. Is as if a non-existent chattel mortgage.
SUGGESTED ANSWER:
b. Is binding between the mortgagor and the mortgagee but will not affect third party.
Which phrase best completes the statement—A chattel mortgage can cover:
(2012 Bar Question)
A. Only property described in the deed without exception;
B. Can also cover substituted property;
C. Properties described in the deed except in case of stock in trade being
a substitute;
D. After acquired property.
SUGGESTED ANSWER:
c. Properties described in the deed except in case of stock in trade being a substitute.
Which phrase best completes the statement—To bind third parties, a chattel
mortgage of shares of stock must be registered: (2012 Bar Question)
A. With the Register of Deeds where the debtor resides;
B. With the Register of Deeds where the principal office of the corporation is;
C. In the Stock and Transfer Book of the corporation with the Corporate
Secretary;
D. With the Register of Deeds where the debtor resides and the principal office
of the corporation.
SUGGESTED ANSWER:
With the Register of Deeds where the debtor resides and the principal office of the
corporation.
Which phrase best completes the statement—The affidavit of good faith in a Deed
of Chattel Mortgage is: (2012 Bar Question)
a. An oath where the parties swear that the mortgage is made for the purpose
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of securing the obligations specified and that the obligation is just and valid;
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SUGGESTED ANSWER:
The mortgage on the shares of stock should be registered in the chattel mortgage
registry in the register of Deeds of Makati City where the corporation has its principal
office and also in the Register of Deeds of Manila where the mortgagor resides.
Registration of chattel mortgage in the stock and transfer book is not required to make
the chattel mortgage valid. Registration of dealings in the stock and transfer book under
Section 63 of the Corporation Code applies only to sale or disposition of shares, and
has no application to mortgages and other forms of encumbrances.
Assume that Bernardo extrajudicially foreclosed on the mortgages, and both the
car and the shared of stock were sold at public auction. If the proceeds from such
public sale should be 1 -million short of Armando’s total obligation, can Bernardo
recover the deficiency? Why or why not? (2009 Bar Question)
SUGGESTED ANSWER:
Yes. Bernardo can recover the deficiency. Chattels are given as mere security, and not
as payment or pledge.
On January 1, 2008, Al obtained a loan of P10,000 from Bob to be paid on January
30, 2008, secured by a chattel mortgage on a Toyota motor car. On February 1,
2008, Al obtained another loan of P10,000 from Bob to be paid on February 15,
2008. He secured this by executing a chattel mortgage on a Honda motorcycle.
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On the due date of the first loan Al failed to pay. Bob foreclosed the chattel
mortgage but the car was bidded for P6,000 only. Al also failed to pay the second
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loan due on February 15, 2008. Bob filed an action for collection of sum of money.
Yes. The chattel mortgage is not valid as against any person, except the mortgagor, his
executors and administrators.
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SUGGESTED ANSWER:
The Chattel Mortgage is void and cannot be foreclosed because the building is an
immovable and cannot be an object of a chattel mortgage.
It depends. If the building was intended and is built of light materials, the chattel
mortgage may be considered as valid as between the parties and it may be considered
in respect to them as movable property, since it can be removed from one place to
another. But if the building is of strong material and is not capable of being removed or
transferred without being destroyed, the chattel mortgage is void and cannot be
foreclosed.
If it was the land which Vini chattel mortgaged, such mortgage would be void, or at least
unenforceable, since he was not the owner of the land.
If what was mortgaged as a chattel is the building, the chattel mortgage is valid as
between the parties only, on grounds of estoppel which would preclude the mortgagor
from assailing the contract on the ground that its subject-matter is an immovable.
Therefore Vini's defense is untenable, and Felicia can foreclose the mortgage over the
building, observing, however, the procedure prescribed for the execution of sale of
ajudgment debtor's immovable under Rule 39, Rules of Court, specifically, that the
notice of auction sale should be published in a newspaper of general circulation.
The problem that Vini mortgaged the land by way of a chattel mortgage is untenable.
Land can only be the subject matter of a real estate mortgage and only an absolute
owner of real property may mortgage a parcel of land. (Article 2085 (2) Civil Code).
Hence, there can be no foreclosure.
But on the assumption that what was mortgaged by way of chattel mortgage was the
building on leased land, then the parties are treating the building as chattel. A building
that is not merely superimposed on the ground is an immovable property and a chattel
mortgage on said building is legally void but the parties cannot be allowed to disavow
their contract on account of estoppel by deed. However, if third parties are involved
such chattel mortgage is void and has no effect.
To secure the payment of his loan of P200,000, A executed in favor of the Angeles
Banking Corp., in 1 document, a real estate mortgage over 3 lots registered in his
name and a chattel mortgage over his 3 cars and 1 Isuzu cargo truck.
Upon his failure to pay the loan on due date, the bank foreclosed the mortgage on
the 3 lots, which were subsequently sold for only P99,000 at the foreclosure sale.
Thereafter, the bank filed an ordinary action for the collection of the deficiency. A
contended that the mortgage contract he executed was indivisible and
consequently, the bank had no legal right to foreclose only the real estate
mortgage and leave out the chattel mortgage, and then sue him for a supposed
deficiency judgment.
If you were the Judge, would you sustain the contention of A? (1991 Bar Question)
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sold the car to B who, unaware of the registered chattel mortgage on the car,
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B. Should he elect fulfillment of the obligation, he should institute the proper case in
court; cause the chattel to be attached as provided under the Rules of Court, and after a
favorable judgment, have it sold at public auction in the manner prescribed by the Rules
of Court.
On the other hand, should he elect to foreclose the mortgage all he has to do is to
cause the car to be sold at public auction pursuant to Sec.14 of the Chattel Mortgage
Law.
C. Yes. The creditor is entitled to a deficiency judgment in a chattel mortgage contract.
Under Sec. 14 of the Chattel Mortgage Law, it can be inferred that if the price of the sale
of the thing mortgage is less than the amount of the principal obligation an action may
still be maintained by the creditor against the debtor for the deficiency. The only
exception to this rule is that which is provided for in Art 1484 (3) of the Civil Code.
According to this provision, should the vendee fail to pay two or more installments, the
vendor may foreclose the chattel mortgage, but he shall not have further action against
the vendee to recover any unpaid balance of the price. (Ablaza v. Ignacio, L-11463,
May 23, 1958 and Garrido v. Tuason, L-23768, August 23, 1968)
Judicial foreclosure should follow the provision of the Rules of Court. Extrajudicial
foreclosure is made in accordance with the Chattel Mortgage Law and is by means
of sale at public auction conducted by a public officer in the municipality where the
mortgagor resides or where the property is situated. Notice of the time, place and
purpose of the sale should be given in accordance with law.
Yes, he may collect the deficiency since the chattel is given only as security and not
as payment of the debt. The provision of the Civil Code barring deficiency
judgments in case of pledge is not applicable to chattel mortgage, which is
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DPO went to a store to buy a pack of cigarettes worth P225.00 only. He gave the
vendor, RRA, a P500-peso bill. The vendor gave him the pack plus P375.00
change. Was there a discount, an oversight, or an error in the amount given?
What would be DPO’s duty, if any, in case of an excess in the amount of change
given by the vendor? How is this situational relationship between DPO and RRA
denominated? Explain. (5%) (2004 Bar Question)
SUGGESTED ANSWER:
There was error in the amount of change given by RRA. This is a case of solutioindebiti
in that DPO received something that is not due him. He has the obligation to return the
P100.00; otherwise, he will unjustly enrich himself at the expense of RRA. (Art. 2154,
Civil Code)
ALTERNATIVE ANSWER:
DPO has the duty to return to RRA the excess P100 as trustee under Article 1456 of the
Civil Code which provides: If property is acquired through mistake or fraud, the person
obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of
the person from whom the property comes. There is, in this case, an implied or
constructive trust in favor of RRA.
Armando owns, a row of residential apartments in San Juan, Metro Manila, which
he rents out to tenants. On 1 April 1991 he left for the United States without
appointing any administrator to manage his apartments such that uncollected
rentals accumulated for three (3) years. Amparo, a niece of Armando, concerned
with the Interest of her uncle, took it upon herself to administer the property. As a
consequence, she incurred expenses in collecting the rents and in some
instances even spent for necessary repairs to preserve the property.
What juridical relation between Amparo and Armando, if any, has
resulted from Amparo’s unilateral act of assuming the administration of
Armando’s apartments? Explain.
What rights and obligations, if any, does Amparo have under the
circumstances? Explain. (1995 Bar Question)
SUGGESTED ANSWER:
Negotiorum gestio existed between Amparo and Armando. She voluntarily took charge
of the agency or management of the business or property of her uncle without any
power from her uncle whose property was neglected. She is called the gestor
negotiorum or officious manager. (Art. 2144, NCC)
It is recommended by the Committee that an enumeration of any two (2) obligations and
two (2) rights as enumerated in Arts. 2145 to 2152, NCC, would entitle the examinee to
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full credit.
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Art. 2149. The ratification of the management by the owner of the business
produces the effects of an express agency, even if the business may not have been
successful.
Art. 2150. Although the officious management may not have been expressly
ratified, the owner of the property business who enjoys the advantages of the same
shall be liable for obligations Incurred In his interest, and shall reimburse the officious
manager for the necessary and useful expenses and for the damages which the latter
may have suffered in the performance of his duties.
The same obligation shall be incumbent upon him when, the management had for
its purpose the prevention of an imminent and manifest loss, although no benefit may
have been derived.
Art. 2151. Even though the owner did not derive any benefit and there has been no
imminent and manifest danger to the property or business, the owner is liable as under
the first paragraph of the preceding article, provided:
The officious manager has acted in good faith, and
The property or business is intact, ready to be returned to the owner.
Art. 2152. The officious manager is personally liable for contracts which he has
entered into with third persons, even though he acted in the name of the owner, and
there shall be no right of action between the owner and third persons.. These provisions
shall not apply:
If the owner has expressly or tacitly ratified the management, or
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When the contract refers to things pertaining to the owner of the business.
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in February 1986. A and his family returned from the United States where they
took refuge in 1972. Upon learning of what happened to his house. A sued B for
damages. B pleaded as a defense that he merely look charge of his house under
the principle of negotiorum gestio. He was not liable as the burning of the house
is a fortuitous event.
Is B liable to A for damages under the foregoing circumstances? (1993 Bar
Question)
SUGGESTED ANSWER:
No, B is not liable for damages, because he is a gestor in negotiorum gestio (Art. 2144,
Civil Code).
Furthermore, B is not liable to A because Article 2147 of the Civil Code is not
applicable.
B did not undertake risky operations which the owner was not accustomed to embark
upon:
he has not preferred his own interest to that of the owner:
he has not failed to return the property or business after demand by the owner; and
he has not assumed the management in bad faith.
ALTERNATIVE ANSWER:
He would be liable under Art.2147 (1) of the Civil Code, because he used the property
for an operation which the operator is not accustomed to, and in so doing, he exposed
the house to increased risk, namely the operation of a pension house on the second
floor and stores on the first floor.
In fear of reprisals from lawless elements besieging his barangay, X abandoned
his fishpond, fled to Manila and left for Europe. Seeking that the fish in the
fishpond were ready for harvest, Y, who is in the business of managing fishponds
on a commission basis, took possession of the property, harvested the fish and
sold the entire harvest to Z.
Thereafter, Y borrowed money from W and used the money to buy new supplies
of fish fry and to prepare the fishpond for the next crop.
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SUGGESTED ANSWER:
The juridical relation is that of the quasi-contract of ―negotiorum gestio". Y Is the
―gestor" or ―officious manager" and X is the ―owner" (Art. 2144, Civil Code).
Y must render an account of his operations and deliver to X the price he received for
the sale of the harvested fish (Art. 2145, Civil Code).
X must pay the loan obtained by Y from W because X must answer for obligations
contracted with third persons in the interest of the owner (Art. 2150, Civil Code).
Express ratification by X provides the effects of an express agency and X is liable to
pay the commissions habitually received by the gestor as manager (Art. 2149, Civil
Code).
Distinguish an implied contract from a quasi- contract. (1989 Bar Question)
SUGGESTED ANSWER:
Any of the following answers should be given full credit:
Jovencio operated a school bus to ferry his two sons and five of their
schoolmates from their houses to their school, and back. The parents of the five
schoolmates paid for the service. One morning, Porfirio, the driver, took a short
cut on the way to school because he was running late, and drove across an
unmanned railway crossing. At the time, Porfirio was wearing earphones because
he loved to hear loud music while driving. As he crossed the railway tracks, a
speeding PNR train loudly blared its horn to warn Porfirio, but the latter did not
hear the horn because of the loud music. The train inevitably rammed into the
school bus. The strong impact of the collision between the school bus and the
train resulted in the instant death of one of the classmates of Jovencio's younger
son. The parents of the fatality sued Jovencio for damages based on culpa
contractual alleging that Jovencio was a common carrier; Porfirio for being
negligent; and the PNR for damages based on culpa aquiliana. Jovencio denied
being a common carrier. He insisted that he had exercised the diligence of a good
father of a family in supervising Porfirio, claiming that the latter had had no
history of negligence or recklessness before the fatal accident.
Did his operation of the school bus service for a limited clientele render Jovencio
a common carrier? Explain your answer.
In accordance with your answer to the preceding question, state the degree of
diligence to be observed by Jovencio, and the consequences thereof. Explain
your answer.
Assuming that the fatality was a minor of only 15 years of age who had no
earning capacity at the time of his death because he was still a student in high
school, and the trial court is minded to award indemnity, what may possibly be
the legal and factual justifications for the award of loss of earning capacity?
Explain your answer. (2017)
SUGGESTED ANSWER:
The operation of the school bus service for a limited clientele rendered Jovencio a
common carrier because he offered his business of transporting passengers for
compensation to the public, as evidenced by the payment for such service by the
parents of the schoolmates.
The legal and factual justification for the award of loss of earning capacity is to present
sufficient evidence to establish that the minor was reasonably certain to complete
training for a specific profession. Compensation should be allowed for loss of earning
capacity resulting from the death of a minor who has not yet commenced employment
or training for a specific profession.
Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the
hospital. The fees of Dr. Jack are paid directly to him by the patient or through the
cashier of the hospital. The hospital publicly displays in the lobby the names and
specializations of the doctors associated or accredited by it, including that of Dr.
Jack. Marta engaged the services of Dr. Jack because of recurring stomach pain.
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It was diagnosed that she is suffering from cancer and had to be operated on.
Before the operation, she was asked to sign a "consent for hospital care," which
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Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your
answer. (2016)
SUGGESTED ANSWER:
Yes, the hospital is liable for the negligence of the doctor. Hospitals exercise significant
control in the hiring and firing of consultants and in the conduct of their work within the
hospital premises. Accordingly, the purpose of allocating responsibility in medical
negligence cases, an employer-employee relationship in effect exists between hospitals
and their attending and visiting physicians. The basis for holding an employer solidarily
responsible for the negligence of its employee is found in Article 2180 of the Civil Code
which considers a person accountable not only for his own acts but also for those of
others based on the former’s responsibility under a relationship of partia ptetas. (Ramos
v. CA, G.R. No. 124354, December 29, 1999)
Its liability is also anchored upon the agency principle of apparent authority or agency
by estoppel and the doctrine of corporate negligence. The hospital is estopped from
passing all the blame to Dr. Jack whose name it proudly paraded in the public directory
leading the public to believe that it vouched for his skill and competence. (Agana Case,
G.R. No. 126297, 126467, 127590, January 31, 2007)
Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the
amount of P20,000.00 to his daughter, Paula, for the payment of her tuition fee.
Paula went to an RPP branch but was informed that there was no money remitted
to her name. Peter inquired from RPP and was informed that there was a
computer glitch and the money was credited to another person. Peter and Paula
sued RPP for actual damages, moral damages and exemplary damages. The trial
court ruled that there was no proof of pecuniary loss to the plaintiffs but awarded
moral damages of P20,000.00 and exemplary damages of P5,000.00. On appeal,
RPP questioned the award of moral and exemplary damages.
Is the trial court correct in awarding moral and exemplary damages? Explain.
(2016)
SUGGESTED ANSWER:
No, the trial court is not correct in awarding moral and exemplary damages. The
damages in this case are prayed for based on the breach of contract committed by RPP
in failing to deliver the sum of money to Paula. Under the provisions of the Civil Code, in
breach of contract, moral damages may be recovered when the defendant acted in bad
faith or was guilty of gross negligence (amounting to bad faith) or in wanton disregard of
his contractual obligation. In the same fashion, to warrant the award of exemplary
54
damages, the wrongful act must be accomplished by bad faith, and an award of
damages would be allowed only if the guilty party acted in a wanton, fraudulent,
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reckless or malevolent manner (Article 2232 of the Civil Code). Bad faith does not
A driver of a bus owned by company Z ran over a boy who died instantly. A
criminal case for reckless imprudence resulting in homicide was filed against the
driver. He was convicted and was ordered to pay P2 Million in actual and moral
damages to the parents of the boy who was an honor student and had a bright
future. Without even trying to find out if the driver had assets or means to pay the
award of damages, the parents of the boy filed a civil action against the bus
company to make it directly liable for the damages.
If the parents of the boy do not wish to file a separate civil action against the bus
company, can they still make the bus company liable if the driver cannot pay the
award for damages? If so, what is the nature of the employer's liability and how
may civil damages be satisfied? (2015)
SUGGESTED ANSWER:
Yes, the action will prosper. The liability of the employer in this case may be based on
quasi-delict and is included within the coverage of an independent civil action. It is not
necessary to enforce the civil liability based on culpa aquiliana that the driver or
employee be proven to be insolvent since the liability of the employer for the quasi-delict
committed by their employees is direct and primary subject to the defense of due
diligence on their part.
Yes, the parents of the boy can enforce the subsidiary liability of the employer in the
criminal case against the driver. The conviction of the driver is a condition sine qua non
for the subsidiary liability of the employer to attach. Proof must be shown that the driver
is insolvent.
Mabuhay Elementary School organized a field trip for its Grade VI students in Fort
Santiago, Manila Zoo, and Star City. To be able to join, the parents of the students
had to sign a piece of paper that reads as follows: "I allow my child (name of
student), Grade – Section, to join
the school’s field trip on February 14, 2014. I will not file any claim against the
school, administrator or teacher in case something happens to my child during
the trip." Joey, a 7-year-old student of Mabuhay Elementary School was bitten by
a snake while the group was touring Manila Zoo. The parents of Joey sued the
school for damages. The school, as a defense, presented the waiver signed by
Joey’s parents.
Was there a valid waiver of right to sue the school? Why? (2014)
SUGGESTED ANSWER:
No, there was no valid waiver of the right to sue the school. A waiver to be valid must
have three requisites 1) existence of the right; 2) legal capacity of the person waiving
the right and 3) the waiver must not be contrary to law, morals, good customs, public
order or public policy or prejudicial to a third person with a right recognized by law. In
the case presented, the waiver may be considered contrary to public policy as it
exonerates the school from liability for future negligence. The waiver in effect allows the
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SUGGESTED ANSWER:
I will base the claim of my client on quasi-delict. The requisites for a claim under quasi-
delict to prosper are as follows:
a) Act or omission, there being fault or negligence;
b) Damage or injury; and
c) Causal connection between the damage and the act or omission.
The case clearly involves a quasi-delict where my client, the bicycle rider,
suffered injury as a result of the negligence of the over-speeding taxi driver, without fault
on my client’s part.
To prove actual damages, aside from the testimony of my client, I will present his
hospital and medical bills. Receipts of the fees paid on the rehabilitation will also be
presented. Furthermore, I will present income tax returns, contracts and other
documents to prove unrealized profits as a result of this temporary injury. I will also call
the attending physician to testify as to the extent of the injuries suffered by my client,
and to corroborate the contents of the medical documents.
In quasi-delicts, the defendant shall be liable for all damages which are the
natural and probable consequences of the act or omission complained of. It is not
necessary that such damages have been foreseen or could have been foreseen by the
defendant.
Unlike actual damages, no proof of pecuniary loss is necessary in order that
moral, nominal, temperate, liquidated or exemplary damages may be adjudicated. The
assessment is left to the discretion of the Court. There must still be proof of pecuniary
estimation, however.
Moral damages can be recovered by my client. Moral damages may be
recovered in case of a quasi-delict causing physical injuries. Additionally, it must be
proved that such damages were the proximate result of the act complained of. Medical
certificates will be presented, along with the testimony from my client and other
eyewitness accounts, in order to support the award for moral damages.
Exemplary damages may be granted if the defendant acted in wanton,
fraudulent, reckless, oppressive, or malevolent manner. While the amount of exemplary
damages need not be proved, the plaintiff must show that he is entitled to moral or
compensatory damages. In support of this, I will present the police report showing the
circumstances under which the accident took place, taking into account the actions of
the parties. I will ask the officials who responded to the accident to testify as to the
conduct of the parties at the time of the accident in order to determine whether
defendant was guilty of gross negligence.
Finally, attorney’s fees may be recovered when exemplary damages are
awarded.
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Roberto was in Nikko Hotel when he bumped into a friend who was then on
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her way to a wedding reception being held in said hotel. Roberto alleged that he
SUGGESTED ANSWER:
It depends. While the hotel has the right to exclude an uninvited guest from the
wedding reception, that does not give the hotel the license to humiliate Roberto. If the
wedding coordinator of the hotel acted wrongfully e.g. with abuse of right, unfairly, or in
a manner that exposed Roberto to unnecessary ridicule or shame, his action will
prosper. Otherwise, Roberto’s action will prosper. The hotel is liable for the wrongful
acts of its employees.
Alternative: No, Roberto’s action will not prosper. From the facts given in the
problem, the wedding coordinator did not abuse her right when she asked him to leave
the wedding reception because he was not in the guest list. Hotel Nikko could not be
held liable for damages as its liability spring from the liability of its employee (Nikko
Hotel Manila Garden v. Reyes, G.R. No. 154259, February 28, 2005).
SUGGESTED ANSWER:
Yes. As a general rule, a public officer is not liable for acts performed in the
discharge of his duties. The exceptions are when he acted with malice, bad faith, or
gross negligence in the performance of his duty, or when his act is in violation of the
constitutionally guaranteed rights and liberties of a person under Art. 32.
The public officer is not automatically considered to have violated the rights or
liberties of a person simply because the rule the public officer issued was declared
invalid by the Court. The complainant must still allege and prove the particular injury or
prejudice he has suffered from the violation of his constitutional right by the issuance of
the invalidated rule.
The problem does not state any fact from which any malice, bad faith or gross
negligence on the part of Vinzons-Chato may be inferred, or the particular injury or
prejudice the complainant may have suffered as a result of the violation of his
constitutional rights. Hence, she cannot be held liable. The facts presented are similar
to the facts of the case of Vinzons-Chato v. Fortune, (G.R. No. 141309, December 23,
2008).
The liability of the school, its administrators and teachers, or the individual,
entity or institution engaged in child care over the minor child or damage caused
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Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-
year old child, surreptitiously entered the garden and merrily romped around the
ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MB’s
parents sued Virgilio for damages arising from their child’s death, premised on
the principle of "attractive nuisance". Is Virgilio liable for the death of MB? (2011)
a) No, the child was 7 years old and knew the dangers that the pool offered.
b) Yes, being an attractive nuisance, Virgilio had the duty to prevent children from
coming
c) near it.
d) No, since the pool was bare and had no enticing or alluring gadgets, floats,
or devices in it that would attract a 7-year old child.
e) Yes, since Virgilio did not cover the swimming pool while not in use to prevent
children from falling into it.
Lennie bought a business class ticket from Alta Airlines. As she checked
in, the manager downgraded her to economy on the ground that a Congressman
had to be accommodated in the business class. Lennie suffered the discomfort
and embarrassment of the downgrade. She sued the airlines for quasi-delict but
Alta Airlines countered that, since her travel was governed by a contract between
them, no quasi-delict could arise.
Is the airline correct? (2011)
a) No, the breach of contract may in fact be tortious as when it is tainted as in
this case with arbitrariness, gross bad faith, and malice.
b) No, denying Lennie the comfort and amenities of the business class as provided
in the ticket is a tortious act.
c) Yes, since the facts show a breach of contract, not a quasi-delict.
d) Yes, since quasi-delict presupposes the absence of a pre-existing contractual
relation between the parties.
Define quasi tort. Who are the persons liable under quasi torts and what
are the defenses available to them? (2010)
SUGGESTED ANSWER:
Quasi-tort is a legal concept upholding the doctrine that some legal duty exists that
cannot be classified strictly as a personal duty (that is, resulting in a tort), nor as a
contractual duty (thus resulting in a breach of contract) but rather some other kind of
duty recognizable by the law. ―Tort‖ or ―Quasi-Tort‖ is an Anglo American or Common
Law concept, while ―Delict‖ or ―Quasi-Delict‖ is a Civil Law concept.
Alternative:
1. Quasi-tort is considered as the equivalent of quasi-delict. Hence the rules of the
latter pertaining to persons who can be held liable and their defenses would also
apply.
a. Those liable for quasi-delict include:
2. The tortfeasor or the person causing damage to another through fault or
negligence; and
3. Persons vicariously liable under Article 2180.
4. That the defendant was not negligent or that he exercised due diligence.
5. That although the defendant is negligent, his negligence is not the proximate
cause of the injury.
6. That the plaintiffs own negligence was the immediate and proximate cause of his
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7. injury.
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On May 5, 1989, 16-year old Rozanno, who was issued a student permit,
drove to school a car, a gift from his parents. On even date, as his class was
scheduled to go on a field trip, his teacher requested him to accommodate in his
car, as he did, four (4) of his classmates because the van rented by the school
was too crowded. On the way to a museum which the students were scheduled to
visit, Rozanno made a wrong maneuver, causing a collision with a jeepney. One
of his classmates died. He and the three (3) others were badly injured.
Who is liable for the damage to the jeepney? Explain.
Under the same facts, except the date of occurrence of the incident, this
time in mid-1994, what would be your answer? Explain. (2010)
SUGGESTED ANSWER:
With respect to the damages caused to the jeepney, only Rozanno should be
held liable because his negligence or tortious act was the sole, proximate, and
immediate cause thereof.
Since Rozanno was 16 years old in 1989, if the incident happened sometime in
the middle of 1994, Rozanno would have been 21 years old at that time. Hence, he was
already of legal age. The law reducing the age of majority to 18 years took effect in
December 1989.
Being of legal age, Articles 218, 219, and 221 of the Family Code are no longer
applicable. In such case, only Rozanno will be personally responsible for all the
consequences of his act unless the school or his parents were themselves also
negligent and such negligence contributed to the happening of the incident. In that
event, the school or his parents are not liable under Article 218, 219 or 221 of the
Family Code, but will be liable under the general provisions of the Civil Code on quasi-
delict.
Primo owns a pet iguana which he keeps in a man- made pond enclosed by
a fence situated in his residential lot. A typhoon knocked down the fence of the
pond and the iguana crawled out of the gate of Primo’s residence. N, a neighbour
who was passing by, started throwing stones at the iguana, drawing the iguana to
move toward him. N panicked and ran but tripped on something and suffered a
broken leg.
Is anyone liable for N’s injuries? Explain. (2010)
SUGGESTED ANSWER:
No one is liable. The possessor of an animal or whoever may make use of the
same is responsible for the damage which it may cause, although it may escape or be
lost. This responsibility shall cease only in case the damage should come from force
majeure or from the fault of the person who has suffered damage.
Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette,
a 19-year old girl, and begot a baby girl, Rona. Nanette sued Rodolfo for
damages: actual, for hospital and other medical expenses in delivering the child
by caesarean section; moral, claiming that Rodolfo promised to marry her,
representing that he was single when, in fact, he was not; and exemplary, to
teach a lesson to like-minded Lotharios.
If you were the judge, would you award all the claims of Nanette? Explain.
(2009)
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Rommel’s private car, while being driven by the regular family driver,
Amado, hits a pedestrian causing the latter’s death. Rommel is not in the car
when the incident happened.
Is Rommel liable for damages to the heirs of the deceased? Explain.
Would your answer be the same if Rommel was in the car at the time of the
accident? Explain. (2009)
SUGGESTED ANSWER:
Yes, Rommel may be held liable for damages if he fails to prove that he
exercised the diligence of a good father of a family (Art. 2180, par. 5, NCC) in selecting
and supervising his family driver. The owner is presumed liable unless he proves the
defense of diligence. If the driver was performing his assigned task when the incident
happened, Rommel shall be solidarily liable with the driver. In case the driver is
convicted of reckless imprudence and cannot pay the civil liability, Rommel is
subsidiarily liable for the damages awarded against the driver and the defense of
diligence is not available.
Yes, my answer would be the same. Rommel, who was in the car, shall be liable
for damages if he could have prevented the misfortune by the use of due diligence in
supervising his driver but failed to exercise it (Art. 2184, NCC). In such a case, his
liability is solidary with his driver.
Alternative: Yes, my answer will be the same except that in such a case the
liability of the owner is not presumed. When the owner is inside the vehicle, he becomes
liable only when it is shown that he could have prevented the misfortune by the use of
due diligence (Article 2184, NCC). For the owner to be held liable, the burden of proving
that he could have prevented the misfortune rests on the shoulder of the victim.
SUGGESTED ANSWER:
The doctrine of last clear chance states that where the plaintiff was guilty of prior
or antecedent negligence but the defendant, who had the ultimate opportunity to avoid
the impending harm failed to do so, it is the defendant who is liable for all the
consequences of the accident notwithstanding the prior negligence of the plaintiff.
An example is where a person was riding a pony on a bridge and improperly
pulled the pony to the wrong side when he saw a car coming. The driver of the car did
not stop or change direction, and nearly hit the horse, and, the frightened animal
jumped to its death. The driver of the car is guilty of negligence because he had a fair
opportunity to avoid the accident and failed to avail himself of that opportunity. He is
liable under the doctrine of last clear chance (Picart v. Smith, 37 Phil. 809 [1918]).
Does Tony have a cause of action against Premium Bank? Explain. (2006)
Arturo sold his Pajero to Benjamin for P1 Million. Benjamin took the vehicle
but did not register the sale with the Land Transportation Office. He allowed his
son Carlos, a minor who did not have a driver’s license, to drive the car to buy
pan de sal in a bakery. On the way, Carlos, driving in a reckless manner,
sideswiped Dennis, then riding a bicycle. As a result, he suffered serious physical
injuries. Dennis filed a criminal complaint against Carlos for reckless imprudence
resulting in serious physical injuries.
Can Dennis file an independent civil action against Carlos and his father
Benjamin for damages based on quasi-delict? Explain.
Assuming Dennis' action is tenable, can Benjamin raise the defense that he
is not liable because the vehicle is not registered in his name? Explain. (2006)
SUGGESTED ANSWER:
Yes, Dennis can file an independent civil action against Carlos and his father,
Benjamin. The independent civil action against Carlos can be based on Article 2176 of
the Civil Code, which states that, "whoever by act or omission causes damage to
another, there, being fault or negligence, is obliged to pay for the damage done." The
proximate cause of the injury suffered by Dennis, was the negligent driving of Carlo. He
can thus be held personally liable by the former for said injuries.
No, Benjamin cannot raise the defense that he is not liable because the vehicle is
not registered in his name. Had Dennis sued Benjamin based on the latter’s liability as
the owner of the vehicle, the non-registration of the vehicle in his name would have
been a valid defense. As held in the case of BA Finance Corporation v. CA (215 SCRA
715 [19921), it is the registered owner of any vehicle, who should be primarily
responsible to the public or third persons for injuries caused the latter while the vehicle
is being driven. In this case, Arturo was not sued. If sued, Arturo should be held liable
for the injury incurred by Dennis.
However, Benjamin is not being sued based on his ownership of the registered
vehicle, but rather for his responsibility as the parent of a minor child whose negligent
act resulted to damage or injury to another. As provided in Article 2180 of the Civil
Code, as amended by Article 221 of the Family Code, the father and mother are
responsible for the damages caused by the fault and negligence of the minor children
who live in their company. This liability is imposed upon the parents on the presumption
that they have failed in their duty of supervision over their children. Regardless of the
ownership of the vehicle, Dennis, therefore, has a cause of action against Benjamin.
Spouses Biong and Linda wanted to sell their house. They found a
prospective buyer, Ray. Linda negotiated with Ray for the sale of the property.
They agreed on a fair price of P2 Million. Ray sent Linda a letter confirming his
intention to buy the property. Later, another couple, Bemie and Elena, offered a
similar house at a lower price of P1.5 Million. But Ray insisted on buying the
house of Biong and Linda for sentimental reason. Ray prepared a deed of sale to
be signed by the couple and a manager’s check of P2 Million. After receiving the
P2 Million, Biong
signed the deed of sale. However, Linda was not able to sign it because she was
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abroad. On her return she refused to sign the document saying she changed her
mind. Linda filed suit for nullification of the deed of sale and for moral and
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SUGGESTED ANSWER:
Yes, Ray has a cause of action against Linda and Biong for the return of the 2
million pesos he paid for the property. He may recover damages from the spouses, if it
can be proven that they were in bad faith in backing out from the contract, as this is an
act contrary to morals and good customs under Articles 19 and 21 of the Civil Code.
Alternative: Assuming that the contract of sale has been perfected, Ray may file
a counterclaim against Linda and Biong for specific performance or rescission, with
damages in either case. Linda has breached the obligation created by the contract
when she filed an action for nullification of sale. On account of Linda’s bad faith or fraud,
Ray may ask for damages under Article 1170 of the Civil Code.
Under Article 2219 of the Civil Code, moral damages may be recovered in
the cases specified therein, several of which are enumerated below.
Choose the case wherein you cannot recover moral damages. Explain.
a. A criminal offense resulting in physical injuries
a) Quasi-delicts causing physical injuries
b) Immorality or dishonesty
c) Illegal search
d) Malicious prosecution. (2006)
SUGGESTED ANSWER:
Moral damages may not be recovered in (c) immorality or dishonesty because it
is not included in the enumeration in Article 2219 of the Civil Code.
Alternative:
Moral damages may be recovered in all of the five instances enumerated above. While
―immorality‖ and ―dishonesty" are not included in the ten instances enumerated in Article
2219 of the Civil Code, the same article provides that moral damages may be recovered
―in the following and analogous cases". Article 2219(10) provides and includes: ―Acts
and actions referred to in Article 21...". Article 21 in turn provides: ―Any person who
willfully causes loss or injury to another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for damages. Immorality or
dishonesty is analogous to acts contrary to morals, and therefore covered by Article
2219.
Dr. and Mrs. Almeda are prominent citizens of the country and are frequent
travelers abroad. In 1996, they booked round-trip business class tickets for the
Manila-Hongkong-Manila route of the Pinoy Airlines, where they are holders of
Gold Mabalos Class Frequent Flier cards. On their return flight, Pinoy Airlines
upgraded their tickets to first class without their consent and, inspite of their
protestations to be allowed to remain in the business class so that they could be
with their friends, they were told that the business class was already fully
booked, and that they were given priority in upgrading because they are elite
members/holders of Gold Mabalos Class cards. Since they were embarrassed at
the discussions with the flight attendants, they were forced to take the flight at
the first class section apart from their friends who were in the business class.
Upon their return to Manila, they demanded a written apology from Pinoy Airlines.
When it went unheeded, the couple sued Pinoy Airlines for breach of contract
claiming moral and exemplary damages, as well as attorney’s fees.
Will the action prosper? Give reasons. (2005)
SUGGESTED ANSWER:
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Yes, Pinoy Airlines breached its contract of carriage by upgrading the seat
accommodation of the Almedas without their consent. The object of their contract was
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Under the law on quasi-delict, aside from the persons who caused injury to
persons, who else are liable under the following circumstances:
1. When a 7-year-old injures his playmate while playing with his father's rifle.
Explain.
2. When a domestic helper, while haggling for a lower price with a fish vendor
in the course of buying foodstuffs for her employer’s family, slaps the fish
vendor, causing her to fall and sustain injuries. ExplainC. A carpenter in a
construction company accidentally hits the right foot of his co-worker with
a hammer. Explain
3. A 15-year-old high school student stabs his classmates who is his rival for
a girl while they were going out of the classroom after their last class.
Explain
4. What defense, if any, is available to them? (2005)
SUGGESTED ANSWER:
a) Under Article 221 of the Family Code, parents and other persons exercising
parental authority shall be civilly liable for the injuries and damages caused by the acts
or omissions of their unemancipated children or wards living in their company and under
63
SUGGESTED ANSWER:
FX Airlines committed breach of contract when it upgraded DT and MT, over their
objections, to First Class because they had contracted for Business Class passage.
However, although there is a breach of contract, DT and MT are entitled to actual
damages only for such pecuniary losses suffered by them as a result of such breach.
There seems to be no showing that they incurred such pecuniary loss. There is no
showing that the pain in DT's arm and wrist resulted directly from the carrier's acts
complained of. Hence, they are not entitled to actual damages. Moreover, DT could
have avoided the alleged injury by requesting the airline staff to do the luggage transfer
as a matter of duty on their part. There is also no basis to award moral damages for
such breach of contract because the facts of the problem do not show bad faith or fraud
on the part of the airline. (Cathay Pacific v. Vazquez, 399 SCRA 207 [20031). However,
64
they may recover moral damages if the cause of action is based on Article 21 of the
Civil Code for the humiliation and embarrassment they felt when the stewardess
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SUGGESTED ANSWER:
No, the spouses cannot recover actual damages in the form of indemnity for the
loss of life of the unborn child. This is because the unborn child is not yet considered a
person and the law allows indemnity only for loss of life of person. The mother, however
may recover damages for the bodily injury she suffered from the loss of the fetus which
is considered part of her internal organ. The parents may also recover damages for
injuries that are inflicted directly upon them, e.g., moral damages for mental anguish
that attended the loss of the unborn child. Since there is gross negligence, exemplary
damages can also be recovered.
SUGGESTED ANSWER:
a. It depends. If the separate civil action is to recover damages arising from the
criminal act, reservation is necessary. If the civil action against the taxicab
owners is based on culpa contractual, or on quasi-delict, there is no need for
reservation.
Alternative:
(a) No, such reservation is not necessary. Under Section 1 of Rule 111 of the 2000
Rules on Criminal Procedure, what is ―deemed instituted‖ with the criminal action is only
the action to recover civil liability arising from the crime or ex delicto. All the other civil
actions under Articles 32, 33, 34, and 2176 of the New Civil Code are no longer
―deemed instituted‖, and may be filed separately and prosecuted independently even
without any reservation in the criminal action (Section 3, Rule 111, Ibid.), The failure to
make a reservation in the criminal action is not a waiver of the right to file a separate
and independent civil action based on these articles of the New Civil Code.
a) It depends. If the civil action is based on a quasi-delict the taxicab
owners may raise the defense of diligence of a good father of a family in the
selection and supervision of the driver; if the action against them is based on
culpa contractual or civil liability arising from a crime, they cannot raise the
defense.
BT. In the course of his work, OJ hit a pedestrian who was seriously injured and
later died in the hospital as a result of the accident. The victim’s heirs sued the
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SUGGESTED ANSWER:
Yes, there is a presumption of negligence on the part of the employer. However,
such presumption is rebuttable. The liability of the employer shall cease when they
prove that they observed the diligence of a good father of a family to prevent damage.
When the employee causes damage due to his own negligence while performing
his own duties, there arises the juris tantum presumption that the employer is negligent,
rebuttable only by proof of observance of the diligence of a good father of a family.
Likewise, if the driver is charged and convicted in a criminal case for criminal
negligence, BT is subsidiarily liable for the damages arising from the criminal act.
SUGGESTED ANSWER:
No, the spouses cannot recover actual damages in the form of indemnity for the
loss of life of the unborn child. This is because the unborn child is not yet considered a
person and the law allows indemnity only for loss of life of persons. The mother,
however, may recover damages for the bodily injury she suffered from the loss of the
fetus which is considered part of her internal organs. The parents may also recover
damages for injuries that are inflicted directly upon them, e.g., moral damages for
mental anguish that attended the loss of the unborn child. Since there is gross
negligence, exemplary damages can also be recovered.
If during class hours, while the teacher was chatting with other teachers in
the school corridor, a 7-year old male pupil stabs the eye of another boy with a
ballpen during a fight, causing permanent blindness to the victim, who could be
liable for damages for the boy's injury: the teacher, the school authorities, or the
guilty boy's parents? Explain (2003)
SUGGESTED ANSWER:
The school, its administrators, and teachers have special parental authority and
responsibility over the minor child while under their supervision, instruction or custody
(Article 218, FC). They are principally and solidarity liable for the damages caused by
the acts or omissions of the unemancipated minor unless they exercised the proper
diligence required under the circumstances (Article 219, FC). In the problem, the
teacher and the school authorities are liable for the blindness of the victim, because the
student who caused it was under their special parental authority and they were
negligent. They were negligent because they were chatting in the corridor during the
class period when the stabbing incident occurred. The incident could have been
prevented had the teacher been inside the classroom at that time. The guilty boy’s
parents are subsidiarily liable under Article 219 of the Family Code.
the stipulation that payment of the last amount of 10% shall be upon completion.
Fabricate, Inc. brings suit for the entire 10%, plus damages, Ortillo counters with
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claims for (a) moral damages for Fabricato, Inc.’s unfounded suit which has
SUGGESTED ANSWER:
a. There is no legal basis to Ortillo's claim for moral damages. It does not fall
under the coverage of Article 2219 of the Civil Code.
b. Ortillo is entitled to attorney’s fees because Fabricato’s complaint is a case of
malicious prosecution or a clearly unfounded civil action. (Art 2208 [4] and [11], NCC).
SUGGESTED ANSWER:
Stockton is correct. There is no right of compensation between his price of P10
million and Core Corp.’s unliquidated claim for damages, in order that compensation
may be proper, the two debts must be liquidated and demandable. The case for the P10
million damages being still pending in court, the corporation has as yet no claim which is
due and demandable against Stockton.
Alternative: The right of first refusal was not perfected as a right for the reason
that there was a conditional acceptance equivalent to a counter-offer consisting in the
amount of damages as being credited on the purchase price. Therefore, compensation
did not result since there was no valid right of first refusal.
Alternative: Even assuming that there was a perfected right of first refusal,
compensation did not take place because the claim is unliquidated.
third party affect his liability for his driver’s negligence? Explain.
Explain the concept of vicarious liability in quasi-delicts. (2002)
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SUGGESTED ANSWER:
The insurance company is not liable because when the accident occurred,
Alberto was not acting within the assigned tasks of his employment. It is true that under
Art. 2180 (par. 5), employers are liable for damages caused by their employees who
were acting within the scope of their assigned tasks. However, the mere fact that
Alberto was using a service vehicle of the employer at the time of the injurious accident
does not necessarily mean that he was operating the vehicle within the scope of his
employment. In Castilex Industrial Corp. v. Vasquez, Jr. (321 SCRA393 [1999]), the
Supreme Court held that notwithstanding the fact that the employee did some overtime
work for the company, the former was, nevertheless, engaged in his own affairs or
carrying out a personal purpose when he went to a restaurant at 2:00 a.m. after coming
out from work. The time of the accident (also 2:00 a. m.) was outside normal working
hours.
Alternative: The insurance company is liable if Alberto was negligent in the
operation of the car and the car was assigned to him for the benefit of the insurance
company, and even though he was not within the scope of his assigned tasks when the
accident happened. In one case decided by the Supreme Court, where an executive of
a pharmaceutical company was given the use of a company car, and after office hours,
the executive made personal use of the car and met an accident, the employer was also
made liable under Art. 2180 of the Civil Code for the injury caused by the negligent
operation of the car by the executive, on the ground that the car which caused the injury
was assigned to the executive by the employer for the prestige of the company. The
insurance company was held liable even though the employee was not performing
within the scope of his assigned tasks when the accident happened.
Despite a warning from the police that an attempt to hijack a PAL plane will
be made in the following week, the airline did not take extra precautions, such as
frisking of passengers, for fear of being accused of violating human rights. Two
days later, an armed hijacker did attempt to hijack a PAL flight to Cebu. Although
he was subdued by the other passengers, he managed to fire a shot which hit and
killed a female passenger. The victim’s parents sued the airline for breach of
contract, and the airline raised the defense of force majeure.
Is the airline liable or not? (2000)
SUGGESTED ANSWER:
The airline is liable. In case of death of a passenger, common carriers are
presumed to have been at fault or to have acted negligently, unless they prove that they
observed extraordinary diligence. The failure of the airline to take extra precautions
despite a police warning that an attempt to hijack the plane would be made, was
negligence on the part of the airline. Being negligent, it is liable for the death of the
passenger. The defense of force majeure is not tenable since the shooting incident
would not have happened had the airline taken steps that could have prevented the
hijacker from boarding the plane.
Alternative: Under Article 1763 of the Civil Code, the common carrier is not
required to observe extraordinary diligence in preventing injury to its passengers on
account of the wilful acts or negligence of other passengers or of strangers. The
common carrier, in that case, is required to exercise only the diligence of a good father
of a family; hence, the failure of the airline to take EXTRA precautions in filsking the
passengers and by leaving that matter to the security personnel of the airport, does not
constitute a breach of that duty so as to make the airline liable. Besides, the use of
irresistible force by the hijackers
was force majeure that could not have been prevented even by the observance of
extraordinary diligence.
A Galant driven by John and owned by Art, and a Corolla driven by its
owner, Gina, collided somewhere along Adriatico Street. As a result of the
accident, Gina had a concussion. Subsequently, Gina brought an action for
damages against John and Art. There is no doubt that the collision is due to
John’s negligence.
Can Art, who was in the vehicle at the time of the accident, be held
solidarlly liable with his driver, John? (1998)
SUGGESTED ANSWER:
Yes. Art may be held solidarily liable with John, if it was proven that the former
could have prevented the misfortune with the use of due diligence. Article 2184 of the
Civil Code states: ―In motor mishaps, the owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have, by the use of due diligence, prevented the
misfortune, x x x"
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Alternative: It depends. The Supreme Court In Chapman vs. Underwood (27 Phil
374), held: ―An owner who sits in his automobile, or other vehicle, and permits his driver
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to continue in a violation of law by the performance of negligent acts, after he has had a
SUGGESTED ANSWER:
Rosa was leasing an apartment in the city. Because of the Rent Control
Law, her landlord could not increase the rental as much as he wanted to, nor
terminate her lease as long as she was paying her rent. In order to force her to
leave the premises, the landlord stopped making repairs on the apartment, and
caused the water and electricity services to be disconnected. The difficulty of
living without electricity and running water resulted in Rosa's suffering a nervous
breakdown. She sued the landlord for actual and moral damages.
Will the action prosper? Explain. (1996)
SUGGESTED ANSWER:
Yes, based on quasi-delict under the human relations provisions of the New Civil
Code (Articles 19, 20 and 21) because the act committed by the lessor is contrary to
morals. Moral damages are recoverable under Article 2219 (10) in relation to Article 21.
Although the action is based on quasi-delict and not on contract, actual damages may
be recovered if the lessee is able to prove the losses and expenses she suffered.
Code on the ground that the ticket was purchased in Manila, hence, Philippine
law should apply, under which Vanessa can recover damages for breach of
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contract of carriage.
SUGGESTED ANSWER:
Vanessa can recover damages under Philippine law for breach of contract of
carriage.
Philippine law should govern as the law of the place where the plane tickets were
bought and the contract of carriage was executed. In Zalamea v. Court of Appeals (G.R.
No. 104235. Nov. 10. 1993) the Supreme Court applied Philippine law in recovery of
damages for breach of contract of carriage for the reason that it is the law of the place
where the contract was executed.
If the violation of the contract was attended with bad faith, there is a ground to
recover
moral damages. But since there was a federal regulation which was the basis of the act
complained of, the airline cannot be in bad faith. Hence, only actual damages can be
recovered. The same is true with regards to exemplary damages.
SUGGESTED ANSWER:
Raffy may recover the amount of the promissory note of P1 million, together with
interest at the legal rate from the date of judicial or extrajudicial demand. In addition,
however, inasmuch as the debtor is in bad faith, he is liable for all damages which may
be reasonably attributed to the non-performance of the obligation. (Art. 2201(2). NCC).
Yes, under Article 2220, NCC moral damages are recoverable in case of breach
of contract where the defendant acted fraudulently or in bad faith.
Nominal damages may not be recoverable in this case because Rafly may
already be indemnified of his losses with the award of actual and compensatory
damages. Nominal damages are adjudicated only in order that a right of the plaintiff,
which has been violated or invaded by the defendant may be vindicated or recognized,
and not for the purpose of indemnifying the plaintiff for any loss suffered by him. (Article
2231. Civil Code)
Raffy may ask for, but would most likely not be awarded temperate damages, for
the reason that his actual damages may already be compensated upon proof thereof
with the promissory note. Temperate damages may be awarded only when the court
finds that some pecuniary loss has been suffered but its amount cannot, from the nature
of the case, be proved with certainty. (Article 2224, Civil Code)
Yes. under paragraph 2, Article 2208 of the Civil Code, considering that Nonoy's
act or omission has compelled Raffy to litigate to protect his interests. Furthermore.
attorneys' fees may be awarded by the court when it is just and equitable. (Article
2208(110) Civil Code).
the Court of Appeals despite the clear fact that the People had not appealed from
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SUGGESTED ANSWER:
In Abejam v. Court of Appeals, the Supreme Court said that even if the issue of
damages were not raised by the appellant in the Court of Appeals but the Court of
Appeals in its findings increased the damages, the Supreme Court will not disturb the
findings of the Court of Appeals.
Alternative: No, the contention of the accused is not correct because upon
appeal to the Appellate Court, the court acquired jurisdiction over the entire case,
criminal as well as civil. Since the conviction of homicide had been appealed, there is no
finality in the amount of indemnity because the civil liability arising from the crime and
the judgment on the crime has not yet become final.
Alternative: Yes. Since the civil indemnity is an award in the civil action arising
from the criminal offense, the rule that a party cannot be granted affirmative relief unless
he himself has appealed should apply. Therefore, it was error for the Court of Appeals
to have expanded the indemnity since the judgment on the civil liability had become
final.
Alternative: No. Courts can review matters not assigned as errors. (Hydro
Resource vs. CA, 204 SCRA 309).
Julio and Lea, both 18 years old, were sweethearts. At a party at the house
of a mutual friend. Lea met Jake, also 18 years old, who showed interest in her.
Lea seemed to entertain Jake because she danced with him many times. In a fit of
jealousy, Julio shot Jake with his father’s 38 caliber revolver which, before going
to the party he was able to get from the unlocked drawer inside his father’s
bedroom. Jake died as a result of the lone gunshot wound he sustained. His
parents sued Julio’s parents for damages arising from quasi-delict. At the time of
the incident, Julio was 18 years old living with his parents. Julio’s parents moved
to dismiss the complaint against them claiming that since Julio was already of
majority age, they were no longer liable for his acts.
Should the motion to dismiss be granted? Why?
What is the liability of Julio’s parents to Jake’s parents? Explain your
answer. (1993)
SUGGESTED ANSWER:
No, the Motion to Dismiss should not be granted. Article 236 of the Family Code
as amended by Republic Act 6809, provides in the third paragraph that ―nothing in this
Code shall be construed to derogate from the duty or responsibility of parents and
guardians for children and wards below twenty-one years or age mentioned in the
second and third paragraphs of Article 2180 of the Civil Code.
The liability of Julio’s parents to Jake’s parents arises from quasi-delict (Arts.
2176 and 2180 Civil Code) and shall cover specifically the following: a. P50.000.00 for
the death of the son; b. such amount as would correspond to lost earning capacity; and
c. moral damages.
No. The owner of the bus cannot raise the defense because the carrier's liability is
based on breach of contract.
Yes. D can raise the defense because his liability is based on a quasi-delict. Because X
suffered physical injuries, X can claim moral damages against D. But as against the
owner of the bus, X can claim moral damages only if X proves reckless negligence of
the carrier amounting to fraud.
Z can claim moral damages against both defendants because the rules on damages
arising from death due to a quasi-delict are also applicable to death of a passenger
caused by breach of contract by a common carrier (Arts. 1755. 1756, 1764, 2206 and
2219. Civil Code).
SUGGESTED ANSWER:
A. Yes. It will prosper (Art. 2180) because at the time he drove the vehicle, he
was not performing his assigned tasks as provided for by Art. 2180. With respect to
SSPA, it is not liable for the acts of Peter because the latter was not an employee as
held by Supreme Court in Filamer Christian Institute vs. CA, (190 SCRA 485).
Peter belongs to a special category of students who render service to the school
in exchange for free tuition fees.
B. I would maintain the same answer because the incident did not occur while
the employee was in the performance of his duty as such employee. The incident
occurred performing his duties as a driver.
C. In the case of Peter, if he were to be considered as employee, the exercise of
due diligence in the selection and supervision of peter would not be a material issue
since the conviction of Peter would result in a subsidiary liability where the defense
would not be available by the employer.
In the case of Paul, since the basis of subsidiary liability is the paterfamilias rule
under Art. 2180, the defense of selection and supervision of the employee would be a
valid defense.
Alternative: A. In the case of Peter, if he were to be considered an employee, the
exercise of due diligence in the selection and supervision of Peter would not be a
material issue since the conviction of Peter would result in a subsidiary liability where
the defense would not be available by the employer.
In the case of Paul, since he was in the performance of his work at the time the
incident occurred, the school may be held subsidiarily liable not because of the
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conviction of Peter, but because of the negligence of Paul under Art. 2180.
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SUGGESTED ANSWER:
I would decide in favor of Mr. and Mrs. S. The proprietor of a building or structure
is responsible for the damages resulting from its total or partial collapse, if it should be
due to the lack of necessary repairs. (Article 2190, Civil Code).
As regards the defense of Mr. and Mrs. R relying on the doctrine of ―last clear
chance.‖ the same is not tenable because according to the Supreme Court in one case
(DeRoy v. Court of Appeals. G.R. L-80718. January 29, 1988, 157 SCRA 757) the
doctrine of ―last clear chance‖ is not applicable to instances covered by Art. 2190, Civil
Code.
Further, in Phoenix Construction, Inc. v. Intermediate Appellate Court (G.R. L-
65295, March 10, 1987. 148 SCRA 353). the Supreme Court held that the role of the
common law "last clear chance‖ doctrine in relation to Article 2179 of the Civil Code is
merely to mitigate damages within the context of contributory negligence.
What are the requisites in order that the defendant can be held liable for
damages in a quasi-delict case? (1988)
SUGGESTED ANSWER:
In actions based on quasi-delicts, before the person injured can recover
damages from the defendant, it is necessary that he must be able to prove the following
facts:
a) The fault or negligence of the defendant;
b) The damages suffered or incurred by the plaintiff; and
c) The relation of cause and effect between the fault or negligence of the defendant
and the damage incurred by the plaintiff.
Ato was the registered owner of a passenger jeepney, which was involved
in a collision accident with a vegetable truck, resulting in the death of four
passengers and injuries to three. At the time of the accident, Ato was legally
married to Maria but was cohabiting with Tonia in a relationship akin to that of
husband and wife.
Could the heirs of the dead passengers and the injured persons recover
damages from:
a) Ato?
b) Maria?
c) Tonia?
Explain each case. (1987)
SUGGESTED ANSWER:
A. Ato — Yes. Insofar as the dead passengers are concerned, the heirs can
recover damages on the basis of culpa contractual. If the injured persons are also
passengers, Ato is likewise liable on the same basis of culpa contractual.
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However, if the injured persons are not passengers, then the liability for damages
of Ato will be on the basis of a quasi-delict.
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The X Electric Cooperative services a small town where the roads are lined
with lush acacia trees- Normally these trees are pruned before the onset of the
rainy season by the cooperative itself since the power lines of the cooperative are
not infrequently affected by falling branches. This year, for financial reasons, the
electric cooperative omitted the pruning in spite of reminders from the
townspeople. In August this year a strong typhoon hit the town and live wires fell
to the ground. While the cooperative made a preliminary survey of the damages,
it did not immediately take precautionary measures against possible harm. Thus,
the attention of one of its employees was called to the fallen wire in the center of
the town. Before the cooperative could make the necessary repairs, a four-year
old boy crossed the street and was electrocuted by the live wire. His parents sued
the electric cooperative for damages.
If you were counsel for the parents, what arguments would you advance to
support your claim for damages and how much damages would you demand?
If you were counsel for the electric cooperative, what defenses
would you offer? If you were judge, how would you decide the
case? (1987)
SUGGESTED ANSWER:
The damages that can be claimed by the parents are the following: civil
indemnity for death - P30,000.00; actual and compensatory damages; moral damages
for mental anguish; exemplary or corrective damages.
As counsel for the electric cooperative, I would offer the defense of "fortuitous
event," because the strong typhoon could not be foreseen and even if foreseen, could
not be avoided.
As judge, I would rule for the parents. The attention of the cooperative through its
employee was called to the fallen live wire. If there had been care and diligence, the
death could have been avoided. The cooperative could have made the necessary
repairs before the 4 year old boy crossed the street and was electrocuted by the live
wire. It failed to do so, hence it is liable.
A entered into a twenty- year lease contract with 6 for the use of B's
warehouse in connection with his (A's) business. After ten years, A's business
had so prospered that he needed to move to a larger place. Upon learning of As
intention to transfer his business elsewhere, B offered to terminate the lease
contract, as the rental rate for the warehouse had by then tripled the stipulated
rental. A, whose relationship with B had soured over the years, refused the offer
so as to prevent B from leasing the premises to another party. A padlocked the
warehouse after he had transferred his business to another place, although he
continued paying B the stipulated rental.
Under the circumstances, does B have any cause of action against A?
Explain. (1984)
SUGGESTED ANSWER:
B can file an action for damages and other relief, including a declaration of the
termination of the lease contract, against B for abuse of rights under Article 19, which
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provides that every person must, in the exercise of his rights and in the performance of
his duties, act with justice, give everyone his due, and observe honesty and good faith.
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"KK" sued "LL" for damages for breach of contract. At the trial "KK"
proved the breach of contract while "LL" proved that he acted in good faith.
Give the law governing the damages which "KK" is entitled to recover.
If "KK" proved that "LL" acted in bad faith, give the law governing the
damages which "KK" is entitled to recover. (1980)
SUGGESTED ANSWER:
If "LL" acted in good faith, "KK" is entitled to recover from him as compensatory
damages those consequences which are natural, probable and which the parties had
foreseen at the time when the obligation was constituted.
However, if "LL" acted in bad faith, "KK" is entitled to recover from him as
compensatory damages those consequences which may be reasonably attributed to the
non -performance of the obligation. Additionally, he may even be entitled to recover
moral damages, exemplary damages and attorney's fees.
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