Members:

Albiva, Noelle Jenn R.

1. Juan, while on lunch break, went to the vending machine and purchased a can of Coca-
Cola. He inserted his P20 peso bill and was able to enjoy his can of Coca-Cola.

a. Was an obligation created?

ANSWER: Yes, both parties have an obligation to do so. The vending machine, the
obligor, is obliged to give Juan the can of Coca-Cola which he purchased. On the other
hand, Juan is also obliged to pay the vending machine worth P20 peso in order for him
to purchase the Coca-Cola.

b. Assuming there was an obligation created, from the viewpoint of persons obliged,
what kind of obligation as created, e.g., unilateral, bilateral, reciprocal, non-
reciprocal)?

ANSWER: Assuming that there was an obligation created, it would be reciprocal

2. Juan traversed the trail underneath transmission lines of ANECO when he was
electrocuted. The high tension wires were sagging around eight to ten feet, in violation
of the required distance of eighteen to twenty feet. ANECO’s defense was that Juan was
illegally trespassing the area. The Supreme Court granted damages in favor of Juan.
Based on what happened to Juan, what was the source of ANECO’s obligation?

Answer: Aneco is obliged for the compensation on what happened to Juan. Since Aneco
violated the distance of wiring, causing for Juan to be electrocuted and also there is a
form of negligence by Aneco for saying that it was Juan’s fault for he is trespassing the
area. Therefore, Aneco’s obligation fits to Quasi-delicts (Article 1157), Under this
provision the elements necessary to establish a Quasi-delict case are: (1) damages to
plantiff; (2) negligence, by act or omission, of the defendant or some person for whose
acts the defendant must respond, was guilty; and (3) the connection of cause and effect
between negligence and the damages.
3. Juan and Juana are the owners of adjacent vegetable farm. One day, Juan was not
around to tend to his farm. When Juana noticed that Juan had not been around for a
week, she herself cultivated the soil and placed fertilizer on it, watered the plants,
removed the weeds and wilted leaves. She incurred necessary and useful expenses in
the process. Can Juana ask for reimbursement from Juan?

ANSWER: Yes, because through the actions exerted by Juana, Juan’s garden was saved.
Hence, Juan is obliged to reimburse Juana for the expenses made although Juan did
neither ask nor give Juana his permission to do so.

4. A fire broke out at a Petrogazz service station. It started while gasoline was being hosed
from a tank truck into the underground storage, right at the opening of the receiving
tank where the nozzle of the hose had been inserted. The fire destroyed several houses.
Petrogazz and the station manager were sued because no firewalls were constructed
within the service station. Without proof as to the cause and origin of the fire, can
Petrogazz and the station manager be held liable?

ANSWER: Without facts as to the cause and the origin of the fire, the Petrogazz and the
station manager will be held liable. Even if it were not for another incompetent
oversight on the part of the defendant, their inability to have a firewall within the
service station is enough to keep the flames from crossing over, then the fire would not
have spread to several houses. Consequently, the negligence of the defendant was not
only with regard to the spread of the fire, but also with regard to the cause of the fire.

5. Juan bought and paid online a book from ABC Bookstore entitled Obligations and
Contracts by H. De Leon. Under the terms and conditions, the buyer should expect
delivery within two days from payment. However, ABC Bookstore was not able to
deliver within two days.

a. Is ABC Bookstore in delay?

Answer: The ABC Bookstore incurred a delay for the reason that there is a demand. The
store fails to perform its obligation on the data agreed upon. Its obligation is already due
and demandable.

b. Assuming there was delay, can Juan ask that the obligation be complied with at the
expense of ABC Bookstore?

Answer: Juan can ask the obligation that can be complied at the expense of the ABC
Bookstore. The store is not relieved for loss due to unexpected event, it can still deliver
book or held liable for damages. It is necessary upon the store to prove that there is no
negligence on its part.
6. A computer owner delivered the same to a repairman for repairs agreed upon orally.
Despite repeated demands, no work was done thereon. Eventually, the repairman
returned the computer, unrepaired and worse, several parts were missing. The owner
was then constrained to have the computer repaired in another shop.

a. Can the owner claim damages from the repairman?

ANSWER: This is an act of violation, terms were decided by both parties. No work has
been completed and some further damages have been brought, this is an act or
omission by one party breach of another’s legal right or rights by not accepting both
words. The owner can therefore assert his right to the damages incurred by the
repairman.

7. A debt was payable in monthly installments of P5,000 starting January 2021, until
December 2021. It was also agreed that if any installment was not paid on time the
whole debt would mater and be demandable. The contract further stipulated that 2%
interest will be applied on the unpaid amount. The debtor did not pay the installment
for February 2021. Thus, the creditor went to court on 01 May 2021 to demand for the
whole debt plus interest starting February 2021.

a. Is there delay on the part of the debtor?

ANSWER: Clearly, the debtor was in delay and responsible for penalties because it did
not pay the monthly installments in compliance with the provisions of the agreement.
However, in the view of the duty, the default committed by the debtor and could be
accounted for by the interests and surcharges levied on it by the contract in question.
The interest shall start from the time when a juridical reimbursement is made against
the debtor.

b. When did the delay start?

ANSWER: The delay on paying the debtor’s monthly installment started on February
2021, in which the debtor should pay his debt in a monthly installment of 5,000 pesos
starting January until December 2021. And agreed that the whole debt would be
material and demandable if every installment will not be paid on time, with the addition
of 2% interest on the unpaid amount. But then the debtor wasn’t able to pay for the
month of February 2021, thus, on May 1,2021 the creditor went to court to claim the
entire debt or demand the debtor plus the interest starting February 2021.