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ARTICLE 1402 - Round 10

As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.

Hangga’t isa sa mga partido ay hindi pa binabalik ang kaniyang responsibilidad na ibalik, ang kabilang partido ay hindi pwedeng piliting gawin ang nakatoka niyang gawain.

Discussion:

The duty of restitution is mutual. After a decision has been rendered and both parties were required to restore what they received from each other, a Motion for Execution cannot be filed by a party to implement the decision unless he himself first restored what he is bound to return.

Case Illustration:

Jay entered into a contract with Zola whereby he obliged himself to create a wooden statue in the image of Zola’s mother. However, it turned out that Zola is only 12 years old and as such, he is incapacitated to enter into a contract. The contract was annulled. Zola was then obligated to return the statue while Jay has the obligation of returning the money payed by Zola for the statue. Since Jay did not return the money, Zola cannot be compelled to return the statue, as provided for by Article 1402 of the New Civil Code.

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ARTICLE 1375 - Round 9

Words which may have different significations shall be understood in that which is most inkeeping with the nature and object of the contract. (1286)

Ang mga salitang maaring may magkakaibang kahulugan ay dapat maintindihan ang mas dapat na tandaan ayon sa nature o object ng kontrata.

Discussion:

If a word is susceptible to two or more meanings shall be understood to follow the eaning which is most in keeping with the nature and object of the agreement.

Case Illustration: German and Co. Vs Donaldson, Sim and Co. 1 Phil. 63

FACTS

Fernando Kammerzel was appointed manager of a business concern under a power of attorney which confers the authority “to exact payment” of sums of money  “by legal means”

ISSUE

Does the authority include the power to file actions in court for the purpose of recovering a sum of money?

HELD

Yes, the authority includes the power to file suits to recover sums of money due to the business concern, for it cannot be supposed in the absence of very clear language to that effect, that it was the intention of the principal to withhold from the agent essential to efficient management of the business entrusted to his control.

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ARTICLE 1348 - Round 8

Impossible things or services cannot be the object of contracts.

Impossibility may be: a) because of the nature of the transaction or because of the law;b) absolute (no one can do it);c) relative  ( the particular debtor cannot comply). Note: Generally, the impossibility referred to by the law is absolute impossibility. 

Impossible things 

1. Before I can give you one million pesos, you must fly above like an eagle without any device. 

2. The carpenter was obliged to stop the construction of road near the mountain because of the presence of landslide and heavy storm.

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ARTICLE 1321 - Round 7

The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. (n)

Ang taong nagsusulong ng kontrata ang siyang maaaring magtalaga ng oras, lugar at paraan ng pagtanggap, at lahat ay kinakailangang sundin.

Discussion:

The acceptance must be made known to the offeror before the lapse of the fixed period.  If the acceptance was made after the fixed period, it is not a legal acceptance anymore.  What happens then is that it becomes an offer (made by the previous offeree) which may or may not be accepted by the original offeror (which becomes the offeree).

In terms of the manner of acceptance, the offeror may require that the acceptance be done by letter, personal communication, or through a representative.

Acceptance which was not made in the manner fixed by the offeror constitutes a counter-proposal which extinguishes the offer and may not be accepted by the original offeror.

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ARTICLE 1294 - Round 6

If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n)

In Filipino:

Kung ang kapalit ng obligasyon ay nangyari na wala sa kaalaman ng umutang o salungat sa kagustuhan ng umutang, ang di pagbabayad ng bagong umutang ay hindi pagsisimulan ng isang pananagutan ng dating umutang.

Illustration:

A loaned to B in the amount of 5 thousand pesos, C who is related to A by affinity added a loan of 5 thousand without the knowledge and affirmation of A. The loan of C to B should not affect the loan of A to B. It is C who is liable to B for his additional loan of 5 thousand pesos.

Andrew loaned to Babi in the amount of 5,000, Cecilia who is related to Andrew by affinity added a loan of 5,000 without the knowledge and affirmation of Andrew. The loan of Cecilia to Babi should not ₱affect the loan of Andrew to Babi. It is Cecilia who is liable to Babi for his additional loan of 5,000.

Effect of new debtor’s insolvency or non-fulfillment of the obligation in expromision.

In expromision, the new debtor’s insolvency or nonfulfillment of the obligation will not revive the action of the creditor against the old debtor whose obligation is extinguished by the assumption of the debt by the new debtor.

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ARTICLE 1267 - Round 5

When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.

In Filipino:

Kapag ang serbisyo ay naging mahirap upang maipahayag na lampas sa contemplation ng partido, ang nangutang ay maari rin mapalaya, sa kabuoan o sa bahagi nito.  

Explanation:

Effect of difficulty of performance

            The general rule is that impossibility of performance releases the obligor. This is also referred as doctrine of “the frustration of the commercial object” or “frustration of enterprise”. This article refers to moral impossibility or impracticability due to change of certain conditions.

            Note: This article speaks of “service”—a personal obligation not a real obligation which is to give.

Example:

Victor together with other construction workers, agreed to construct a road near a mountain. A hurricane caused landslide making the construction of the road dangerous to human lives.

            In this case, Victor may be released, in whole or in part, from his obligation to continue with the construction.

            In view of the non-construction of the railroad, failure to grind sugar does not give rise to damages. This is moral impossibility. (Labayen versus Talisay-Silay Milling Co.)

Reference: https://janinegumzzzcom.wordpress.com/2019/04/23/article-1267/

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ARTICLE 1240 - Round 4

Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interests, or any person authorized to receive.

In Filipino:

Ang pagbabayad ay maaaring lang gawin sa taong kung saan ay may pabor ang obligasyon na kung anong nilalaman, o sa kanyang tagapagmana na may interes, o kahit kaninong tao na pinahihintulutan na tumanggap.

Case Illustration:

Everett Steamship Corporation v. Bank of the Philippines Islands

Facts: Plaintiff is a corporation in Manila, the majority stockholders of which are American and British citizens, Defendant is a banking corporation. Before December 1941, plaintiff had a current account with the defendant, and on December 29, 1941, the plaintiff had a valid balance in its favor of P53, 175.51, Philippine currency. During the Japanese occupation, the officers of the plaintiff corporation were interned by the Japanese Armed Forces inside the UST compound. By order of the Japanese Military Administration, the defendant was made to turn over the account of the plaintiff to the Bank of Taiwan, the depository of Enemy Properties. The Defendant thus gave to the Bank of Taiwan a check in the sum of P53, 175.51. After liberation, plaintiff wanted to draw the P53, 175.51 it thought it still had, from the defendant bank. The latter pleaded payment to the Bank of Taiwan.

Issue: May the plaintiff still recover from the defendant?

Held: “In the instance case, the issue involved is whether the Japanese Military Administration could validly require the defendant-appellant to transfer to the Bank of Taiwan the balance of plaintiff’s current account with the defendant.”

“In the Haw Pia case the same issue was involved. The Court ruled in the Haw Pia case that the collection by the Bank of Taiwan of the China Banking Corporation’s credit from the latter’s debtor, by order of the Japanese military administrator, was valid and released the defendant’s obligation to the plaintiff”.

Reference: https://lspuoblicon2015.wordpress.com/2016/03/25/article-1240/

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ARTICLE 1213 - Round 3

A SOLIDARY CREDITOR CANNOT ASSIGN HIS RIGHT WITHOUT THE CONSENT OF THE OTHERS.

In Filipino:

Sa mga pinagsamasamang mga nagpapautang, hindi nila maaaring ibigay o ipasa sa iba ang kanyang mga karapatan ng walang pahintulot ang iba pang nagpapautang o mamumuhonan. At kung walang pahintulot ang isa sa may ari ng pinagsama samang puhunan ang pagbibigay sa iba ng kanyang mga karapatan ay walang bisa.

Illustration:

A is indebted to solidary creditors B and C, C, cannot assign his rights to D, without the consent of B. the reason rest on the extra ordinary mutual trust and confidence among solidary creditors and it may happen that the other creditor may not want dealings with the person to whom the debts will be assigned.

Reference: https://lspuoblicon2015.wordpress.com/2016/03/25/art-1213/

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Article 1186 - Round 2

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)

Constructive fulfillment – refers to an obligation prevented by the obligor from happening.

for the condition to be considered fulfilled these two requisites shall be present.

Intent of the obligor to prevent fulfillment of the condition

Actual prevention of compliance

Intent to Prevent Compliance – The law does not require that the obligor acts with malice or fraud as long as his purpose is to prevent the fulfillment of the condition. He should not be allowed to profit from his own fault or bad faith.

e.g. A agreed to give B 5% of the commission if B could sell A’s property at a certain price. B found a buyer that agrees upon A’s terms. To evade the payment of commission agreed upon, A sold his property to the buyer at lower price without B’s aid.

In case the obligor acts voluntarily but not for cause of prevention of fulfillment of the obligation. It is no longer considered part of this article.

e.g. A binds a contract to B to construct him a house, But before the construction is finished, A filed a case against B causing B to be imprisoned and non-fulfillment of the condition.

There is no constructive case fulfillment of the condition in this case.

In Exercise of Right – If the obligation prevented is a violation to a right, the condition is not considered fulfilled.

e.g. A asked B to construct him a house but due to violation of city ordinances, B wasn’t able to finish constructing the house.

Actual Prevention of Compliance – If the result is not specified to the condition set by the obligor. There is no constructive fulfillment.

e.g. A asked B to paint him, but before B could delivered the painting to A, A destroys it.

Provoking Resolutory Condition – when the obligation is subject to resolutory condition and the obligee unjustifiably provokes the agreement. It will not be considered fulfilled and there will be no extinguishment  of rights. The obligee cannot be excused from non-compliance of the obligation.

Case Illustration

Taylor vs. Uy Tieng 43 Phil. 873

Facts:

Uy Tieng, defendant, employed taylor, plaintiff, for two years as the oil mill superintendent. Written in the contract that the machinery to be installed in the factory fail and to not arrive in manila within 6 months, this contract can be cancelled by the defendant. The machinery failed to arrived in manila within 6 months. Because the defendant saw that the oil business no longer promised large returns. After 6 months the defendant decided to revoke the contract and notified the plaintiff of his discharge. Plaintiff sued the defendant for the commission he would have received under the contract. The plaintiff also stated that the defendants voluntarily prevented the arrival of the said agreement, and under article 1186 of the Civil Code, the condition should be considered fulfilled.

Issue: 

Whether or not the defendant is liable for the salary the plaintiff lost under the contract.

Held:

No. Because according to the terms agreed upon the defendant has the right to cancel the contract. Article 1186 is not applicable because it only supposes a case where the obligor is the one who prevented the fulfillment of the obligation, not the obligee.

Reference: https://lspuoblicon2017blog.wordpress.com/2017/03/10/article-1186-the-condition-shall-be-deemed-fulfilled-when-the-obligor-voluntarily-prevents-its-fulfillment-1119-2/

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Article 1158 - Round 1

Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)

Explanation:

Article 1158 refers to legal obligations or obligations arising from law. They are not presumed because because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be clearly set forth in the law, i.e., the Civil Code or special laws.

Agreement Unnecessary. – The law cannot exist as a source of obligations, unless the acts to which its principles may be applied exist. But once those acts or facts exist, the obligations arising therefrom by virtue of express provisions of the law are entirely independent of the of the parties. Such obligations and their correlative rights are govern by the law by which they are created.

Obligation Not Presumed. – Under the terms of this article, obligations derived from law are not to be presumed. Only those expressly provided for in this code or in special laws are enforceable.

Under Article 1158, Special laws refer to all other laws not contained in the Civil Code. Examples of such laws are  Corporate Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc

Case Illustrations:

An employer has no obligation to furnish free legal assistance to his employees because no law requires this, and therefore, an employee may not recover from his employer the amount he may have paid a lawyer hired by him to recover damages caused to said employee by a stranger or strangers while in the performance of his duties. (De la Cruz vs. Northern Theatrical Enterprise, 95 Phil. 739)

A private school has no legal obligation to provide clothing allowance to its teachers because there is no law which imposes this obligation upon schools. But a person who wins money in gambling has the duty to return his winnings to the loser. This obligation is provided by law. (Art. 2014)

Reference: https://cdizonoblicon.wordpress.com/2017/02/24/article-1158/

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Article 43 - Family Code

Round 3

43- The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n)

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Article 78 - Family Code Round 4

Article 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the person designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. (120a)

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Article 145 - Family Code Round 6

Regime of Separation of Property

Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Under a regime of separation of property, pursuant to Article 145 of the Family Code, each spouse shall own, dispose of, possess, administer and enjoy his or own estate, without need of the consent of the other. Understandably, each spouse can donate or alienate onerously his or her own estate without the need of obtaining the other spouse's consent.

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Article 112 - Family Code Round 5

 Article 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.

Example:

“A” and “B” are husband and wife. “A” owned a condo unit in Makati which is under the administration of “B” and once the property was sold the administration of “B” over the property shall be automatically terminated and the proceeds of the sale shall be turned over to “A” who is the owner-spouse of the property.  

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Article 8 - Family Code

Round 2

Article 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office of the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)

Explanation:

The provision states that there should be publicity of the marriage because it is of interest to society and in order that any impediment to the marriage may be made known at the very moment of its celebration. However, as publicity is not an essential requisite, a violation of this provision will not render the marriage void.

Also, it explains that even as the law requires that the marriage ceremony be made public as it must be done publicly in the chambers of the judge, or in open court, in the church, chapel or temple, yet, if there is a written request of the parties that it be solemnized elsewhere in a sworn statement, the same can be done.

An example is a situation where the parties requested that it be solemnized at a function room of the Manila Hotel, then, it can be solemnized therein.

Again, even if there is no such request, or even if it is not in writing or is not in a sworn statement, still the marriage is valid as such requisite is not an essential one. The total absence of the same does not go into the validity of the marriage.

Example:

Let us say for example that the marriage of A and B was solemnized by the mayor at the town plaza without any request and during the period of the political campaign, the marriage is valid provided that all the essential requisites are present. Even if no request was made, it is still valid as the failure to comply with that formal requirement does not affect the validity of the marriage.

Navarro vs. Domagtoy

AM No. MTJ 96-1088, July 19, 1996

FACTS:

Municipal Mayor of Dapa, Surigao del Norte, Rodolfo G. Navarro filed a complaint on two specific acts committed by respondent Municipal Circuit Trial Court Judge Hernando Domagtoy on the grounds of gross misconduct, ineffiency in offce and ignorance of the law.

It was alleged that Domagtoy solemnized marriage of Gaspar Tagadan and Arlyn Borja on September 27, 1994 despite the knowledge that the groom has a subsisting marriage with Ida Penaranda and that they are merely separated. It was told that Ida left their conjugal home in Bukidnon and has not returned and been heard for almost seven years.   The said judge likewise solemnize marriage of Floriano Dadoy Sumaylo and Gemma G. del Rosario outside his court’s jurisdiction on October 27, 1994.  The judge holds his office and has jurisdiction in the Municipal Circuit Trial Court of Sta Monica-Burgos, Surigao del Norte but he solemnized the said wedding at his residence in the municipality of Dapa located 40 to 50 km away.

ISSUE: Whether or not the marriages solemnized were void.

HELD:

The court held that the marriage between Tagadan and Borja was void and bigamous there being a subsisting marriage between Tagadan and Penaranda.  Albeit, the latter was gone for seven years and the spouse had a well-founded belief that the absent spouse was dead, Tagadan did not institute a summary proceeding as provided in the Civil Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

With regard to the marriage of Sumaylo and Del Rosario, the latter only made the written request where it should have been both parties as stated in Article 8 of the Family Code.  Their non-compliance did not invalidate their marriage however, Domagtoy may be held administratively liable.

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Article 20 - Persons and Family Law Round 1

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Child, in its common acceptation, is the "persona o animal, respecto de su padre o de su madre." (Dictionary of the Spanish Royal Academy.)chanrobles virtual law library

And "child" is "a male or female descendant in the first degree." (The Century Dictionary and Cyclopedia.) chanrobles virtual law library

The ordinary acceptation, therefore, of the word "hijo" or child does not include "nieto" or "grandchild."chanrobles virtual law library

BABAO v VILLAVICENCIO44 PHIL 921

FACTS:

In the proceedings of the intestate estate of Ignacio Trillanes,Maria Babao, the herein appellee, petitioned the court that anadditional inventory be made of certain properties of the deceasedand an allowance be made to her minor children for their support,pending the distribution of the estate. These minors are children of Jose Trillanes, son of the deceased Ignacio Trillanes. The petition was opposed by the administrator of the estate on the ground thatthe said minors are not entitled to support applied for because Sec.684 of the Code of Civil Procedure provides only for the support ofthe children of the deceased and not of his grandchildren. The lowercourt however, hold otherwise and allowed P15 monthly pension.Hence, this appeal.

ISSUE:

Whether or not the provisional support granted by Sec. 684 ofthe Code of Civil Procedure extends to the grandchildren.

RULING:

The ordinary acceptation of the word hijo or child does notinclude nieto or grandchildren. The reference made in the aforesaidsection to allowances as are provided by the law in force in thePhilippine Islands does not have the effect of extending the right tothis provisional support to her petition, whose provision in thispoint do not, in the opinion of the court, extend to thegrandchildren of the deceased. She cannot invoke the CCP becausethe grandfather against whose estate the allowance claimed is to becharged is now dead, and therefore the obligation of suchgrandfather to give support was already extinguished.