HOMEWORK NO. 2 Baste Civ Law Review 2

San Sebastian Recoletos College of Law
Assignment No. 2, Civil Law Review 2 (Online Class)

March 4, 2022
Atty. Judy Lardizabal
Instructions:
• Study Articles 1179 to 1206.
• Answer the questions below.
• You are not required to submit any output.
• Note that this exercise is part of your training for the Bar
Examinations. While no output is required to be submitted, you
are highly encouraged to practice answering the questions below
and use the same as reference in your review for the Bar
Examinations.
------------------------------------------------------------------------------------------------
1. Distinguish pure obligation, conditional obligation and obligation

with a period.
2. Distinguish condition and term.
3. The promissory note states “I promise to pay when my means
permit”. Is this a conditional obligation or an obligation with a
period? Explain.
4. Distinguish suspensive from resolutory condition.
5. Celso allowed Celia to use his car for free during her lifetime. Is
Celso’s obligation one with a suspensive or resolutory condition?
Or an obligation with a suspensive or resolutory period? Explain.
6. What is the status of the conditional obligation if the condition is
left exclusively to the will of the debtor?
7. X and Y entered into an agreement for the sale of X’s house for a
given consideration whenever X desires it. What is the status of
the obligation?
8. Bentong, who weighs 250 lbs., obliged himself to give his friend
Kakai a monthly allowance of P500 starting January 30, 2020, and
which obligation shall end once his (Bentong) weight reaches 150
lbs. Is the obligation valid although it is subject to a potestative
condition?
9. What is the status of the obligation if the period is left exclusively to
the will of the debtor?
10. What is the status of an obligation which is dependent upon
an unlawful condition?
11. What is the status of an obligation which is dependent upon
a condition not to do an impossible thing?
12. What is the status of an obligation arising from a
testamentary disposition which is dependent upon an impossible
condition?
13. When will the obligation become effective if it is subject to
the condition that some event will not happen at a determinate
time?
14. What if no determinate time has been fixed in No. 13?
15. Explain the concept of constructive fulfillment of condition.
16. X promised to sell a piece of land to Y, subject to the
condition that X’s son will be able to obtain an immigrant visa
within three years. What will happen to the obligation in case:
a. three years lapsed and X’s son has not obtained a visa?
b. after two years, X’s son was able to obtain an immigrant visa?
c. if during the pendency of the happening of the condition, the
land that was promised to be sold increased in area by
accretion. Who shall have a right to the increased area when
the above condition happened within three years?
17. X promised to deliver to Y 10 mango trees, while Y in turn
will deliver 10 apple trees, once X’s son is able to obtain an
immigrant visa within three years. During the pendency of the
happening of the condition, fruits were gathered from their
respective trees. Upon the happening of the condition, are the
parties required to deliver to each other the trees and the value of
fruits gathered prior to the fulfillment of the condition?
18. See No. 17. What if the obligation is unilateral and not
reciprocal, will your answer be the same?
19. Give the rules to be observed in case of loss, deterioration
and improvement of the determinate thing during the pendency of
the happening of a condition?
20. Explain the nature of rescission under Article 1191.
21. When can the court fix the period instead of ordering
rescission?
22. When may the court fix the period under Art 1197?
23. Once a period has been fixed by the court, may the parties
change the same?
24. X obtained a loan from D. D agreed to give X a period of
three months to pay the loan, provided he will mortgage his Toyota
innova to D. After giving the loan, however, X refused to execute
the required chattel mortgage. Can D now compel X to pay the
loan before the lapse of three months?
25. Assuming that X mortgaged the car as agreed upon,
however, after one month, the car was lost due to an earthquake.
Can D now compel X to pay the loan before the lapse of three
months?
26. Suppose instead of being lost, the car merely suffered minor
damages that can be repaired. Can D now compel X to pay the
loan before the lapse of three months?
27. Whenever a period has been fixed by agreement, who is the
presumed beneficiary of said period?
28. Give the instances when a debtor shall lose the benefit of a
period.
29. What are alternative obligations?
30. Who has the right to choose the prestation in alternative
obligations?
31. Is there any limitation on this right of choice?
32. When will the choice become binding upon the other party?
33. If among the prestations only one is practicable, how can the
debtor extinguish the obligation?
34. Assume the right of choice belongs to the debtor. If due to
the creditor’s act, some but not all of the prestations were lost,
what options are available to a debtor in order to extinguish the
obligation?
35. Will your answer be the same if the reason for the loss was
fortuitous event?
36. Assume the right of choice belongs to the debtor. If due to
the debtor’s act, all of the prestations were lost. What
options/remedies are available to a creditor?
37. Will your answer be the same if the reason for the loss was a
fortuitous event?
38. Assume the right of choice belongs to the creditor. If due to
the debtor’s act, some but not all of the prestations were lost, what
fortuitous event?
40. Assume the right of choice belongs to the creditor. If due to
the debtor’s act, all of the prestations were lost. What
fortuitous event?
42. What is a facultative obligation?
43. In case of loss of the substitute by fortuitous event, will this
event result in the extinguishment of obligation?
44. Does the creditor enjoy the right to choose the substitute in a
facultative obligation?
45. In case of loss of the substitute by fault of the debtor in a
facultative obligation, will this event result in liability of obligor to
pay damages to the creditor?
46. Is the debtor obliged to deliver the substitute prestation in the
event of loss of the principal prestation by fortuitous event prior to
substitution in a facultative obligation?
Read:
CAMP JOHN HAY DEVELOPMENT CORPORATION, PETITIONER, v. CHARTER
CHEMICAL AND COATING CORPORATION, RESPONDENT.
G.R. No. 198849, August 07, 2019
--- End of assignment No. 2

HOMEWORK NO. 2 Baste Civ Law Review 2

Uploaded by

Copyright:

Available Formats

HOMEWORK NO. 2 Baste Civ Law Review 2

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

HOMEWORK NO. 2 Baste Civ Law Review 2

Uploaded by

Copyright:

Available Formats

San Sebastian Recoletos College of Law

Assignment No. 2, Civil Law Review 2 (Online Class)

1. Distinguish pure obligation, conditional obligation and obligation

--- End of assignment No. 2

You might also like