B2 - Delay

Question 1

FEB 14 - LECTURE

Answer 1

FEB 14 - LECTURE

Question 2

requisite of default

Answer 2

1. Obligation is DUE, ENFORCEABLE, AND ALREADY DETERMINATE IN AMOUNT (LIQUIDATED)
2. Non-performance
3. Demand has been made (Gen.Rule) which refers to the same obligation that is already due and demandable.

liquidated - already determinate in the amount

Question 3

(in liquidated) X obliges to deliver the proceeds in the first quarter harvest of 2024

1. first quarter hasn’t finish (march 31)
   - even if the first quarter is done, the proceeds is not automatically determined

-

Question 4

D was convicted of the crime of Theft after stealing C’s horse. The judgement ordered D to return (restitution) the horse to C and to pay P100,000.00 as damages. The judgement became final and executory.

Q1: While D was on his way to C’s house, lightning hit (force majeur/act of God) and killed the horse. Is D’s obligation to C (to deliver the horse) (specific thing) extinguished?

Answer 4

Answer: Obligation is not extinguished as Civil Liability Ex Delicto is not extinguished due to fortuitous event. Civil Liability Ex Delicto is not based on an agreement/promise/undertaking/commitment but it is based by law, fixed by the court, you cannot raise the defense of fortuitous event.

[lecture]
there is no fault here in the creditor
the debtor is extinguished IF the specific thing, without his fault (ost damage, or destroyed BY fortious event) [not foreseeeable, no contributory negligence

BUT IT DOES NOT APPLY TO CIVIL LIABILITY EX DELICTO.

principle of extinguish due to fortious event is only applicable to specific thing BUT it does not apply to CLED

Question 5

however, there is an EXC to the EXC. CLED can use fortitoius event when?

Answer 5

when the judgment of the complainint is in mora accipiendi (default on the part of the creditor)

when will it be in default? - he refuses to accept the thing properly without justifiable reason

Question 6

In the question, why would the debtor bear the risks of lose?

Question 7

Q2: Suppose that when D reached C’s house to return the horse, C refused to accept the horse as C was already demanding for the amount of P200,000.00, claiming that his is the amount that the Court should have awarded to him. Leaving no choice, D left the horse in C’s gate and left. Just after D left C’s house, a lightning hit and killed the horse. Was D’s obligation to deliver the horse extinguished?

Answer 7

Yes. Mora Accipiendi – delay on the part of the creditor without justifiable reason to accept the performance of the obligation; D can avail of the defense of fortuitous event
General Rule: Fortuitous event extinguishes obligation
Exception: Civil Liability Ex Delicto
Exception to the Exception: Mora Accipiendi

Question 8

two defaults:

Answer 8

debtor
creditor (mora accipiendi)

Question 9

effects of default

Answer 9

1. Interest and Damages (Compensatory)
2. Fortuitous event is not anymore a defense (Note: but if obligation is ex delicto, even fortuitous event is not a defense in any case. It is the creditors default that may be considered a defense)
3. He bears the risk of loss. (Aerospace Chemical Industries, Inc. v. CA)

Question 10

types of interest

Answer 10

1. monatory
   - ex. pay for a loan for a certain period of time and you have to pay the interest or the loss of money (which is the consideration of the laoan)
2. compensatory interest
   - by penalty and accrues upon demand whether judicial (filing in court) or extrajudicial (demand letter)

Question 11

what is a reciprocal obligation?

Answer 11

both parties are the creditor and debtor at the same time

Question 12

reciprocal obligation v. bilateral obligation

Answer 12

BO
- at least 2 obligations involved in a contract
- one party has obligation to the party and the other party to the other. but can be reciprocal and non reciprocal

Reciprocal Obligation
- performance of the obligation of one party is dependent on the performance on the other

Question 13

ex of RECiprocal obligation

Answer 13

buyer gives money and then gives the item

OR

the seller gives the item and the payment can be given later.

Question 14

when will the other party of a reciprocal obligation become in default? how to put the other party in the default?

Answer 14

• perform the obligation, as per the contract, the moment you do that, you already put the party in default

Question 15

you purchased a house and lot from a developer, the agreement was on february 10, 2024, the house and lot should already be finished and ready to be turned over to you. On the same date, you are obliged to pay the developer 20 million pesos.

you are to write to the developer a demand. how do you word it so you can compel the dev’l to

Answer 15

Dear Developer.

This is to inform you that on february 10, 2024, as stipulated in the agreement, the house must be ready for occupancy. Consequently, we will pay 20 million on hand.

If you are unable to do so,

w

Question 16

as a matter of strategy, put this important phrase in reciprocal obligation

Tanguig v. CA
Agawili v. GSIS

Answer 16

ready, willing, able to perform our own obligation

“… to our surprise, we did not see you there nor have you issued a deed of absolut since in spite of the 4 days that has passed.

we already have the manager’s check attached below, this shows as of feb 10 2024, i have been READY WILLING AND ABLE to perform my obligation”

this would render the developer for damages and it would start the party to be in default

Question 17

Tanguilig v CA.

he paid for the expenses of the construction of the windmill but the wind destroyed it.

the agreement includes the deep well construction but when the windmill broke, he demanded payment. when it was broken, he had to repair it and had no right to demand payment for it to the other party

Question 18

the diligence