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8 February 2019 – OBLI Questions/Problems on Chapter 3, Section 1 (Arts.

1179-1186) Page 1 of 3

8 February 2019 (Wednesday)

TO: MY OBLI STUDENTS


RE: Questions/Problems for Chapter 3, Section 1 (Arts. 1179-1186)
FR: Atty. Harriet Reyes Linsangan

TO MY DEAR STUDENTS:

Please discuss the following questions or problems with your respective groups. Make sure you
master the legal principles appertaining to the problems discussed.

1. Distinguish between a condition and a period.  “I will give you P500,000.00 if your father will
die.” Is this a conditional obligation? Will your answer be the same if the term of the obligation is
modified to wit, “I will give you P500,000.00 if your father will die on March 30, 2019.” (Art. 1179 in relation
to Art. 1193)

2. On June 12, 2018, Bert promised Jane that he will let her use his Toyota Vios until she passes
the Nurses' Board Examination. Is this a conditional obligation? What kind of a conditional obligation in
terms of demandability? Is this obligation immediately demandable? Why? (Arts. 1179 & 1181)

3. On March 23, 2018, Renante insured his Mercedez Benz with Aksi Dent Insurance Company
against loss and damage. It was stipulated in the insurance policy, among others, that the driver of the
insured car must be the owner of a valid and subsisting driver's license. On July 20, 2018, the Benz,
while driven by his 20 year-old son Renzo, figured in an accident resulting in damage to the Benz
amounting to P45,000.00. In the police report, it was stated that Renzo was driving with an expired
license. (Arts. 1179 & 1181)

(a) Is this an example of a conditional obligation?


(b) If so, who is the debtor, and what is his obligation? What is the condition that must be fulfilled
in order that the obligation may arise or be extinguished?
(c) How will you resolve the rights and obligations of the parties in this case?

4. I will pay you my P500,000.00 debt as soon as I have the money. Is this an example of a
conditional obligation? (Art. 1180)

5. Distinguish between a suspensive conditional obligation and a resolutory conditional obligation.


Be able to give an illustrative example for each. (Art. 1181)
8 February 2019 – OBLI Questions/Problems on Chapter 3, Section 1 (Arts. 1179-1186) Page 2 of 3

6. On May 5, 2018, Jim entered into an agreement with Jet. Under the agreement, Jim obliged
himself to deliver to Jet an antigue ruby ring worth P50,000.00 anytime that Jet wants it and demands
delivery. On July 5, 2018, Jet makes up her mind and insists on the delivery of the ruby ring from Jim.
Jim, however, denies liability and claims that the condition, that is – “anytime Jet wants it,” was
potestative in nature. Hence, the same condition upon which Jim’s obligation was made to depend
upon, as well as the obligation itself, is void. Does Jim’s argument have legal basis? Is he under
obligation to deliver to Jet the rubi ring as promised? (Art. 1182)

7. In two separate documents signed by Dante on February 14, 2018, he obliged himself to Kim
and Marlou as follows:

(a) "To Kim, my one true love, I oblige myself to deliver to you my Persian cat when I decide to
give it a new home"; and
(b) "To Marlou, my true sweetheart, I oblige myself to pay you my P50,000.00 loan when I feel like
it."

Since there had been as yet no performance of either obligations as of August 15, 2018, Kim and
Marlou came to your office to consult you on whether or not they could recover on the basis of the
foregoing contracts. What legal advice will you give them? (Arts. 1180 & 1182)

8. I told my son that I will let him use my car if he will not drive it at 200,000 miles per second. Is
this a legally demandable obligation? Why? (Art. 1183)

9. On March 15, 2018, Donna and Celia entered into an agreement. In their agreement, Donna
obliged herself to purchase from Celia a house and lot located in Makati for P3.5M. Donna’s husband
had been detailed by their office from Baguio City to Makati effective May 1, 2018. Hence, the family
was relocating permanently to Makati. For this reason, it was agreed by the parties that by April 15,
2018, Celia should have vacated and readied the house for occupancy to allow Donna and her family
to move in. On April 13, 2018, when Donna contacted Celia, she was informed that Celia had not even
taken initial steps to vacate the subject property. Hence, Donna was left with no other recourse but to
accept the proposal of an agent for the acquisition of a two-bedroom condominium unit at the Avida
Towers in Makati which was available for occupancy as of April 15, 2018. Celia, however, demanded
that Donna make good her commitment to purchase Celia’s Makati house and lot as per their March
15, 2018 agreement. Under the factual circumstances obtaining, is Donna bound to comply with her
obligation? (Art. 1184)

10. On March 5, 2018, Erica promised to give her brother Elmo her Australian kangaroo worth
P50,000.00, if he will not marry her girlfriend Mae within the year. On September 15, 2018, Mae died
due to a rare viral infection. Elmo was devastated, but decided to gain employment again after two
months. In the meantime, the kangaroo gave birth on October 3, 2018 to 5 joeys, each of which was
worth P10,000.00. Elmo thought about selling the kangaroo and its joeys so he could start a business
8 February 2019 – OBLI Questions/Problems on Chapter 3, Section 1 (Arts. 1179-1186) Page 3 of 3

and keep busy. Hence, on November 25, 2018, he demanded from her sister Erica performance of her
obligation under their March 5, 2018 agreement. (Arts. 1164 & 1185)

(a) Is this a conditional obligation? What kind?


(b) In the affirmative, does Elmo have the right to demand performance of the obligation as of
November 25, 2018?
(c) Again, in the affirmative, will Elmo be likewise entitled to demand from Erica the delivery of the 5
joeys under this obligation?

11. Angelo hired Engr. Luis to construct a 50-kilometer road within his private subdivision. It was
agreed that Engr. Luis was to finish the construction in 3 months. The contract price agreed upon was
P2M. After six weeks, however, and without justification, Angelo ordered the construction stopped with
the work barely half-finished. Engr. Luis was left with no choice but to follow the owner’s instruction for
work stoppage. Engr. Luis, however, charged Angelo for the complete contract price of P2M. Angelo
refused to pay the entire amount on the ground that the project was only then half-finished. Can Engr.
Luis demand from Angelo payment of the entire contract price of P2M? (Art. 1186)

12. On April 6, 2016, Donato promised to sell to Charlene his 500 square meter lot in Tagaytay for
only P3million if her boyfriend Jessie will pass the 2016 Bar Exams. On the last Sunday of the
examinations, Donato hired Melchor to kill Jessie. As a result, Jessie was not able to finish the
exams. Charlene later found out about what Donato did. She also found out that Jessie had stated
falsely in his application for taking the Bar Exams that he had a pending administrative case and was
thus disqualified to take the exams. Under the factual circumstances obtaining, can Charlene legally
compel Donato to sell to her his Tagaytay lot? (Art. 1186)

HAPPY READING & LEARNING! 

Enjoy your discussions. Thank you.

Atty. HRL 

FOOD FOR THOUGHT

“The strength of the team is each individual member.


The strength of each member is the team.”
Phil Jackson