CIVIL LAW REVIEW Art. 1654.
The lessor is obliged:
OBLIGATIONS
Nov. 23, 2018
PART 2
Q: what if before delivery, the seller made a
garage, should the vendee pay the garage?
A: Dili pwede tang tangon kung ma injured ang
property.
Art. 579. The usufructuary may make on the
property held in usufruct such useful
improvements or expenses for mere pleasure as he
may deem proper, provided he does not alter its
form or substance; but he shall have no right to be
indemnified therefor. He may, however, remove
such improvements, should it be possible to do so
without damage to the property.
PROBLEM: A leased his apartment to B and said
that if you do not pay 2 months worth or rentals,
the contract is automatically terminated, you
have to vacate and deliver peacefully to lessor. B
failed to pay, A said get out B refused. Can the
lessee force him out and his things?
A: Cannot daw *krizea’s answer.
Q: when lessee failed to pay and he came to the
apartment cuz he knows that the lessee is not
around. The lessor padlocked the door. The lease
sued for damages. Is the lessor liable for
damages based on contracts?
A: even if he has a right to demand possession,
the act of padlocking, is an abuse of right. This is
a violation of public policy.
Art. 2219. Moral damages may be recovered in the
following and analogous cases:
(10) Acts and actions referred to in Articles 21, 26,
27, 28, 29, 30, 32, 34, and 35.
Art. 21. Any person who wilfully causes loss or
injury to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.
Q: when the stipulation is “failure of payment of
2 rentals you have to vacate” is it recinded?
A: yes. Failure to to the obligation gives rise to
the right to rescind.
(1) To deliver the thing which is the object of the
contract in such a condition as to render it fit for
the use intended;
(2) To make on the same during the lease all the
necessary repairs in order to keep it suitable for
the use to which it has been devoted, unless there
is a stipulation to the contrary;
(3) To maintain the lessee in the peaceful and
adequate enjoyment of the lease for the entire
duration of the contract.
Art. 1657. The lessee is obliged:
(1) To pay the price of the lease according to the
terms stipulated;
(2) To use the thing leased as a diligent father of a
family, devoting it to the use stipulated; and in the
absence of stipulation, to that which may be
inferred from the nature of the thing leased,
according to the custom of the place;
(3) To pay expenses for the deed of lease.
Q: Is the rescission automatic?
A: No, It is the court who will determine. The
rescission made by lessor is only initial.
PROBLEM: A borrowed money and executed a
chattel mortgage on sugar cane that is growing,
is that a valid chattel mortgage even if growing
sugar cane is real?
A: YES. Parties may treat real property in a
chattel mortgage.
Note: chattel mortgage only an accessory
contract.
Q: if nawala ang chattel mortgage does it mean
demandable na siya?
A: yes the creditor may demand payment unless
the debtor put up a new one that is equally
satisfactory.
Art. 1198. The debtor shall lose every right to
make use of the period:
(1) When after the obligation has been contracted,
he becomes insolvent, unless he gives a guaranty
or security for the debt;
(2) When he does not furnish to the creditor the
guaranties or securities which he has promised;
(3) When by his own acts he has impaired said
guaranties or securities after their establishment,
and when through a fortuitous event they
disappear, unless he immediately gives new
ones equally satisfactory;
(4) When the debtor violates any undertaking, in
consideration of which the creditor agreed to the
period;
(5) When the debtor attempts to abscond
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PROBLEM: A owns a land and lodging house in
boracay and leased it to B for 1 year, 20,000 per
month on 2018. However, Duterte said nobody
should open a lodging house or hotel because we
are rehabilitating boracay for 3 months. Is B
required to make payment for the 3 months?
A: It is considered a fortuitous event because it
is beyond his control. So you use 1266 only for
the 3-month period.
Art. 1266. The debtor in obligations to do shall
also be released when the prestation becomes
legally or physically impossible without the fault
of the obligor.
Q: what if he said I will pay for the 3 month
period but I will extend another 3 months. I will
end 3 months after the termination of the
contract on 2018. Pwede?
A: No. It cannot be extended.
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PROBLEM: A borrowed money loan of 100,0000
with interest of 12 % per annum. Verbal. Due at
the end of the year but the creditor demanded
only on the 5th year. Was not paid so the creditor
filed an action, is the debtor liable?
A: The principal enforceable but interest has to
be in writing. No delay since there is no demand.
Art. 1145. The following actions must be
commenced within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract.
Q: what if he demanded payment on the 5th year
and filed an action in the 7th year did it
prescribe?
A: no yet. Since you count from the time of
DEMAND.
Art. 1144. The following actions must be brought
within ten years from the time the right of action
accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment.
Q: Can A creditor choose any of the alternative
oobligations? Example I will pay you with a bike,
chair, cellphone. Can the creditor say I want your
cellphone. Can the creditor do that?
A: No. Art. 1200. The right of choice belongs to the
debtor, unless it has been expressly granted to the
creditor.
Q: What happens if all of them are lost due to a
fortuitious event?
A: the obligation if extinguished.
Q: what if nawala ang bike og chair then ang
cellphone nalang nabilin?
A: Art. 1202. The debtor shall lose the right of
choice when among the prestations whereby he is
alternatively bound, only one is practicable.
Q: what if it was thru the fault of debtor?
A: Art. 1204. The creditor shall have a right to
indemnity for damages when, through the fault of
the debtor, all the things which are alternatively
the object of the obligation have been lost, or the
compliance of the obligation has become
impossible.
The indemnity shall be fixed taking as a basis the
value of the last thing which disappeared, or that
of the service which last became impossible.
Damages other than the value of the last thing or
service may also be awarded
Q: what if the chair and the bike is destroyed by
the debtor, does he have the obligation to deliver
the cellphone?
A: Yes.
Q: what if the creditor is given by the choice. Due
to the fault of debtor all three were lost.
A:
Art. 1205. When the choice has been expressly
given to the creditor, the obligation shall cease to
be alternative from the day when the selection has
been communicated to the debtor.
Until then the responsibility of the debtor shall be
governed by the following rules:
(1) If one of the things is lost through a fortuitous
event, he shall perform the obligation by
delivering that which the creditor should choose
from among the remainder, or that which remains
if only one subsists;
(2) If the loss of one of the things occurs through
the fault of the debtor, the creditor may claim any
of those subsisting, or the price of that which,
through the fault of the former, has disappeared,
with a right to damages;
(3) If all the things are lost through the fault of
the debtor, the choice by the creditor shall fall
upon the price of any one of them, also with
indemnity for damages.
Q: Choice is on the debtor. All destroyed by the
debtor.
A: Article 1204
Q: You deliver to me the bicycle or as a substitute
the cellphone. The debtor destroyed the
cellphone. Does it extinguish the obligation?
A: No.
Q: Can the debtor demand the value of the
cellphone?
A: NO. It is already facultative. The choice is only
on the obligor.
Art. 1206. When only one prestation has been
agreed upon, but the obligor may render another
in substitution, the obligation is called facultative.
The loss or deterioration of the thing intended as a
substitute, through the negligence of the obligor,
does not render him liable. But once the
substitution has been made, the obligor is liable
for the loss of the substitute on account of his
delay, negligence or fraud.
Q: Supposing the bicycle is lost, can creditor
demand for the cellphone?
A: No. In facultative the substitute is only an
accessory.
SIR: In alternative all of them are principal.
Therefore when a principal is lost due to a
fortuitous event in facultative, there is no more
obligation. The cellphone is only an accessory. So
if the principal is lost there is no more accessory
but if the accessory is lost, it doesn’t matter since
the principal is still there. Note:
In alternative, the choice can be given to creditor
but in facultative its just the debtor.
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PROBLEM: A is a passenger of the bus. While the
bus was travelling, A fell asleep with elbow
outside the bus. The bus and another bus
sideswipe eachother in the middle of the lane.
Naputol ang braso ni A. who can the passenger
sue and what is the cause of action?
A: He can sue the bus company for its negligence.
For torts(quasi-delict): you can sue the drivers
and owners
FOR CONTRACTS: only the bus owner of the bus
A was on because contracts are between the
parties. The driver is not a party of the contract,
it is only between the passenger and the
common carrier.
Art. 2194. The responsibility of two or more
persons who are liable for quasi-delict is solidary.
Art. 1217. Payment made by one of the solidary
debtors extinguishes the obligation. If two or more
solidary debtors offer to pay, the creditor may
choose which offer to accept.
He who made the payment may claim from his co-
debtors only the share which corresponds to each,
with the interest for the payment already made. If
the payment is made before the debt is due, no
interest for the intervening period may be
demanded.
When one of the solidary debtors cannot, because
of his insolvency, reimburse his share to the debtor
paying the obligation, such share shall be borne by
all his co-debtors, in proportion to the debt of
each. (1145a)
*If breach of contract is the basis: The bus
company is solely liable.
Q: on the basis of quasi delict can the bus owner
recover from the driver on the amount he paid?
A: yes.
Art. 2181. Whoever pays for the damage caused by
his dependents or employees may recover from the
latter what he has paid or delivered in satisfaction
of the claim.
SIR SAID***Jurisprudence said they are solidary
liable because they are joint tortfeasors. The
driver is negligent and employer is negligent in
the selection and supervision of the employee.
Q: Is there presumption of negligence in
contracts and quasi-delicts?
A: In quasi-delict, there is no presumption one
must prove the negligent act but negligence is
presumed that employer is negligent when
employee is negligent. While in contracts there is
a presumption of negligence when the passenger
fails to safely arrive.
Q: is the defense of good father of the family in
the selection and supervision a proper defense in
quasi-delicts and in contracts?
A: In quasi-delict: the defense of a Good father is
applicable. In contracts it is not a defense since
the act of the employee is the owners act.
PROBLEM: a child killed another child in school
who is liable?
A: If you base it on 2180, it’s the father. But if you
base it on 211 the father and mother are jointly
liable.
Q: Supposing there is no absolute community of
property and there is joint parental authority.
What is the liability of the exclusive property for
the payment of debts in the family?
A:
Q: Family incurred debts for the benefit of family.
What is liable?
A: the absolute community property.
Q: If the absolute community property is not
enough, where will you get the payment?
A: From the exclusive property of the spouses.
Q: what is the rule, when the exclusive property
is liable and if so what kind of liability is it?
A: The absolute community is primary liable, if it
is not enough then payment should be taken
from exclusive property. Thus, it is subsidiary.
Q: is the liability of husband and wife joint or
solidary?
A: Art. 94 (Family code) It is Solidary. Creditor
can go against any of the exclusive property.
………FOCUS ON LIABILITY: solidarily/joint
Art. 1723. The engineer or architect who drew up
the plans and specifications for a building is liable
for damages if within fifteen years from the
completion of the structure, the same should
collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground.
The contractor is likewise responsible for the
damages if the edifice falls, within the same
period, on account of defects in the construction or
the use of materials of inferior quality furnished
by him, or due to any violation of the terms of the
contract. If the engineer or architect supervises
the construction, he shall be solidarily liable with
the contractor.
Acceptance of the building, after completion, does
not imply waiver of any of the cause of action by
reason of any defect mentioned in the preceding
paragraph.
The action must be brought within ten years
following the collapse of the building.
Art. 1824. All partners are liable solidarily with
the partnership for everything chargeable to the
partnership under Articles 1822 and 1823.
Art. 1912. The principal must advance to the
agent, should the latter so request, the sums
necessary for the execution of the agency.
Should the agent have advanced them, the
principal must reimburse him therefor, even if the
business or undertaking was not successful,
provided the agent is free from all fault.
The reimbursement shall include interest on the
sums advanced, from the day on which the
advance was made.
Art. 1945. When there are two or more bailees to
whom a thing is loaned in the same contract, they
are liable solidarily.
Art. 2146. If the officious manager delegates to
another person all or some of his duties, he shall
be liable for the acts of the delegate, without
prejudice to the direct obligation of the latter
toward the owner of the business.
The responsibility of two or more officious
managers shall be solidary, unless the
management was assumed to save the thing or
business from imminent danger.
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Q: if the stipulation says “We will pay you jointly

and severally” what is it?
A: it is a solidary obligation.

Q: what is the liability of the debtor and surety?

A: They are primary liable. They are solidarily
liable.

Q: Can the creditor sue the surety alone?

A: Yes the surety is solidarily liable

Q: what is the surety is a guarantor. Will your

answer be the same?
A: No. The guarantor is liable only is the debtor is
insolvent.

Q: Is a surety a principal debtor?

A: No, he is not a debtor he is just a surety. He is
solidarily liable with other debtors.

EXAM: NATURE OF OBLUGATIONS 1156 to

Solidary Obligations (but not all) one the one we
discussed.

RECIT: effects of Solidary obligations up to

extinguishment.