Assignment # 4
1. A, B and C borrowed P12,000 from X. This debt is evidenced by a promissory note
wherein the three bound themselves to pay the debt jointly and severally. However,
according to the note, A can be compelled to pay only on June 15, 1962, B can be
compelled to pay only on June 15, 1964, while C can be compelled to pay only on June 15,
1966. On June 15, 1962, X made a demand upon A to pay the entire indebtedness but the
latter aid only P4,000. Subsequently, because of A’s refusal to pay the balance, X brought
an action against him for collection of the amount. Will such an action prosper? Reasons.
(20 pts)
Answer: Yes, because it was an act of solidary obligation. A was supposed to
pay his whole debt according to X but A refuse to pay his full debt he
only give his share to X. And because according to X actions will
prosper because is jointly bound to their obligation to C and means
solidary or the debtors not affected.
2. Suppose that under an obligation imposed by a final judgement, the liability of the
judgement debtor is to pay the amount of P6,000 but both the judgement debtor and the
judgement creditor subsequently entered into a contract reducing the liability of the former
to only P4,000 is there and implied novation which will have the effect of extinguishing
the judgement obligation and creating a modified obligatory relation? Reasons. (20 pts)
Answer: No, because as we see the old and new obligation is not incompatible
to each other. Because as I understand in the situation is P2,000 is a
half refund. The P4,000 amount is remaining due and demandable. So
we can say that the old obligation is been extinguished by the new one
in short there is none has been change.
3. Merle offered to sell her automobile to Violy for P60,000. After inspecting the automobile,
Violy offered to buy it for P50,000. This offer was accepted by Merle. The next day, Merle
offered to deliver the automobile, but Violy being short of funds, secured postponement of
the delivery, promising to pay the price “upon arrival of the steamer, Helena” the steamer
however never arrived because it was wrecked by a typhoon and sank somewhere off the
Coast of Samar. (1) Is there a perfected contract in this case? Why? (2) Is the promise to
pay made by Violy conditional or with a term? Why? (3) Can Merle compel Violy to pay
the purchase price and to accept the automobile? Why? (20 pts)
Answer: (1) Yes, because there is a perfect contract to the both person. Merle
and Violy both agree with their decisions.
(2) Yes, because Merle was supposed to sell her automobile to Violy
with the amount of P60,000 but Violy offered P50,000 to the
automobile of Merle. So for me it was conditional because Violy
will buy the automobile if Merle will sell it with the amount of
P50,000.
(3) Yes, because the both person agreed with their decisions
so Merle has right to demand to Violy about the price of
automobile and Violy should pay and accept the automobile
because they both agree to the contract.
4. What is dation in payment and how is it distinguished from assignment of property? (20
pts)
Answer: Dation in payment is a mode of discharging a debt or claim by
the debtor’s giving by the creditor with the latter’s consent
something in full satisfaction of the obligation but of a character
different from that originally called for by the obligation. It will
distinguished the assignment of property by to fulfill our obligations
and be fair to all.
5. X offered to buy the house ad lot of Y for P300,000. Since X had only P200,000 in cash at
the time, he proposed to pay the balance of P100,000 in four (4) equal monthly
installments. As the title to the property was to be immediately transferred to the buyer, X
to secure the payment of the balance of purchase price, proposed to constitute a first
mortgage on the property in favor of Y. Y agreed to the proposal so that on April 15, 1987,
the contract of sale in favor of X was constituted and on the same date (April 15, 1987), X
constituted the said first mortgage. When the first installment became due. X defaulted in
the payment thereof. Y now brings an action to rescind the contract of sale, which X
opposed. How would you decide the conflict? Give your reasons. (20 pts).
Answer: As I understand the situation it was obvious that X failed to pay the
first installment those mortgaged in favor by Y, but when the time
comes that the debt is demandable X defaulted in the payment.
So if you were a creditor you will take an action to misterpretation.
The contract will be okay if both of them will talk properly and calmly.
They should make a way to solve the problem so that everything will
be alright.
