ATENEO DE MANILA UN:VERS:TY

cOnege Of Law

Final Exanlination in Civ Law Review;:

Prof_R.F.BALANE 25 March 2004

6:00 8:00P.M.

:NSTRUCT10NS:
1. Answerthe questions brio v,concise:v,and adoouateivi
VVordiness wi::be taken against you.
2. Use dark ink.
3_ SUBM:T THE QUEST10NNAIRE TOCETHER WITH
THE EXAM B00KLET.
l. TRUE OR FALSE(4 0%)
if the statement i,true, write TRUE after the rresponding number,
nol.hino more.

lf the statement is false,write FALSE and recast the statement so as to

make ittrue.Do not write lengthy explanations:just oorrect the sentence.

Do not guess.This:sa right minuswrong"test.

duJ a
1. :f the obieCt Of the obligation is divisible,the ob:igation itseif is aiso
, 0 /
2.

lf judicial or extraiudidal d ILmand b ma.e by one d e
J J
" dav
creditors upon one of the solidary debtors,payment to andher solidary creditor
will not extinguish the obligation.

3. A debtor has no right to insist on perforrnance before the arival of

the suspensive pe od.

4. ln an alternative obligation,the choice,as a general rule,belongs to

t,le debtor.
5, eli:Is and oonditions are sirni:ar as to futurity but different as to
certainty.

6. A contract of guaranty:s governed by the Statute of Frauds.

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7. When the fulfillment of the suspensive condition depends solely on

the wifl of one of the parties, the conditional obligation ehall be void.

8. A contract is voidable if one of the contracting parties is incapable

of giving @nsent, but void if both parties are incapable of giving @nsent.
t

9. A contrato disimulado is void. (W rinnl'ttd

1O. Remission or condonation must be gratuitous.

11. Caso fortuito excuses from compliance.

12. Resolution of a reciprocal obligation is predicated on breach,
whether or not there has been oconomic prejudice.
13. Paci6n en oago extinguishes the obligation in whole or in part. DUC
14. Delay may set in even if no demand is made. /
15. Sale of realty by means of a private document is unenforable. tt/o'
16. A contract cannot be rescinded under Art. 1380 if there is no
e(:onomic damage.
17. Bebus sic staEllbus is inconsistent with impossibility of
performance.

18. Remission of the debt carries with it the remission of the pledge
which secures the debt.
19. In reciprocal obligations, there can be no lqgfg if the other party has
not yet peformed his prestation.

20. Conventional subrogation requires the consent of at least three

prarties.

ll. (2oo/ol

Ronnie, Raul, Ping, and Eddie executed a promissory note stating:

"For value received, I promise to pay Gloria Araullo the sum
of 600 Thoueand Pesos on or before 10 May 2OO3. By way of
penalty, I promise to pay the sum of PS,OOO.OO per day of delay,"

The note is signed by all four debtors.

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No payment was made on 1O May 2003. lt was, however, not until 18

March 2OO4 that Gloria, by letter, demanded from Raul payment of the total
amount due. The letter, sent by mesaenger, was received by Raul on the same
day. On 2O March, Raul tendered a cashie/s check to Gloria for 6OO Thousand
Pesos. Gloria, however, refused the check. On his way home from Gloria's
residence, Raul decided to meet some friends at Gerry's Grill on Jupiter. A little
after midnight, a group of Ateneo law students, roaring drunk, entered the
restaurant and opened lire at the customers. Raul got it between the eyes and
dieci on the spot. (The law students, all seniors, were all anested and prevented
from taking the frnal exams in Civil Law Review).

Gloria now makes demand on Ronnie for the full amount, plus penalty for
mora from 1O May 2OO3.

Ronnie, advised by his lawyers Edong and Emie, resists, contending that:

1. there was no more solvendi:

2. Gloria was not justified in refusing Raul's check, and therefore the
obligation was e)ctinguished by g4ele gccioiendi:
3. Assuming that the obligation has not been extinguished, demand
must first be made on Raul's estate, because demand was first made on Raul.

Rule on Ronnie's objections. Can Gloria collect from Ronnie? How

mU<;h?

ilr. (2o%,
After securing all the necessary papers from the proper govemment,
aEencies, Krie hired Joey's services to convert her ricefield into a fishpond. Their
agr(ment was that the project should be finished at the end of the 18th month
after the @mmen@ment of the work. They also agreed that, should Joey
compfete the work in 15 months or less, Kris would pay Joey 6 25o/o incentive fee
over and above the stipulated amount of 5 Million Pesos. In addition, Kris
committed to Joey that if, during ths project, Kris ever decided to sell the
proprerty, she would make Joey the first offer. All this was orally agreed upon.

A week later, Joey started the project, and, desirous of eaming the
incentive fee, put more than the usual number of men on the job. Seven months
into the project, however, Kris was approached by Phillip who, having seen the
worl< ..loey was undertaking, offered to buy the property for 3O Million Pesos. Kris
at first demurred, and told Phillip that she had given Joey a preferential right to
buy the property. But after Phillip upped the offer to 4O Million, Kris finally
accepted. The nececsary deed of sale was executed between Kris and Phillip,