1.
Samantha sold all her business interest in a sole proprietorship to
Sergio for the amount of PhP1 million. Under the sale agreement,
Samantha was supposed to pay for all prior unpaid utility bills incurred
by the sole proprietorship. A month after the Contract to Sell was
executed, Samantha still had not paid the PhP50,000 electricity bills
incurred prior to the sale. Since Sergio could not operate the business
without electricity and the utility company refused to restore electricity
services unless the unpaid bills were settled in full, Sergio had to pay
the unpaid electricity bills. When the date for payment arrived, Sergio
only tendered PhP950,000 representing the full purchase price, less
the amount he paid for the unpaid utility bills. Samantha refused to
accept the tender on the ground that she was the one supposed to
pay the bills and Sergio did not have authorization to pay on her
behalf.
(a) What is the effect of payment made by Sergio without the
knowledge and consent of Samantha?
(b) Is Samantha guilty of mora accipiendi?
2. Briefly explain whether the following contracts are valid, rescissible,
unenforceable, or void:
(a) A contract of sale between Lana and Andy wherein 16-year old
Lana agreed to sell her grand piano for P5, 000.00.
(b) A contract of lease of the Philippine Sea entered by and between
Mitoy and Elsa.
(c) A barter of toys executed by 12-year old Clarence and 10-year old
Czar.
(d) A sale entered by Barri and Garri, both minors, which their parents
later ratified.
(e) Jenny’s sale of her car to Celestine in order to evade attachment
by Jenny’s creditors.
3. Pedro promised to give his grandson a car if the latter will pass the
bar examinations. When his grandson passed the said examinations,
Pedro refused to give the car on the ground that the condition was a
purely potestative one. Is he correct or not?
4. Are the following obligations valid, why, and if they are valid, when is
the obligation demandable in each case?
(a) If the debtor promises to pay as soon as he has the means to pay;
(b) If the debtor promises to pay when he likes;
(c) If the debtor promises to pay when he becomes a lawyer;
(d) If the debtor promises to pay if his son, who is sick with cancer,
does not die within one year.
5. Joey, Jovy and Jojo are solidary debtors under a loan obligation of
P300,000.00 which has fallen due. The creditor has, however,
condoned Jojo's entire share in the debt. Since Jovy has become
insolvent, the creditor makes a demand on Joey to pay the debt.
(a) How much, if any, may Joey be compelled to pay?

(b) To what extent, if at all, can Jojo be compelled by Joey to
contribute to such payment?
6. Baldomero leased his house with a telephone to Jose. The lease
contract provided that Jose shall pay for all electricity, water and
telephone services in the leased premises during the period of the
lease. Six months later, Jose surreptitiously vacated the premises. He
left behind unpaid telephone bills for overseas telephone calls
amounting to over P20,000. Baldomero refused to pay the said bills
on the ground that Jose had already substituted him as the customer
of the telephone company. The latter maintained that Baldomero
remained as his customer as far as their service contract was
concerned, notwithstanding the lease contract between Baldomero
and Jose.
Who is correct, Baldomero or the telephone company? Explain.
7. X was the owner of a 10, 000 square meter property. X married Y and
out of their union, A, B and C were born. After the death of Y, X
married Z and they begot as children, D, E and F. After the death of X,
the children of the first and second marriages executed an
extrajudicial partition of the aforestated property on May 1, 1970. D, E
and F were given a one thousand square meter portion of the
property. They were minors at the time of the execution of the
document. D was 17 years old, E was 14 and F was 12; and they
were made to believe by A, B and C that unless they sign the
document they will not get any share. Z was not present then. In
January 1974, D E and F filed an action in court to nullify the suit
alleging they discovered the fraud only in 1973.
(a) Can the minority of D, E and F be a basis to nullify the partition?
Explain your answer.
(b) How about fraud? Explain your answer.
8. Four foreign medical students rented the apartment of Thelma for a
period of one year. After one semester, three of them returned to their
home country and the fourth transferred to a boarding house. Thelma
discovered that they left unpaid telephone bills in the total amount of
P80,000.00. The lease contract provided that the lessees shall pay for
the telephone services in the leased premises. Thelma demanded
that the fourth student pay the entire amount of the unpaid telephone
bills, but the latter is willing to pay only one fourth of it. Who is
correct? Why?
9. Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted
in the payment. A case for collection of a sum of money was filed
against him. As a defense, Butch claims that there was already an
arrangement with Hagibis on the payment of the loan. To implement
the same, Butch already surrendered five (5) service utility vehicles
(SUVs) to the company for it to sell and the proceeds to be credited to
the loan as payment. Was the obligation of Butch extinguished by
reason of dacion en pago upon the surrender of the SUVs? Decide
and explain.
10. Marvin offered to construct the house of Carlos for a very reasonable
price of P900,000.00, giving the latter 10 days within which to accept
or reject the offer. On the fifth day, before Carlos could make up his
mind, Marvin withdrew his offer.
(a) What is the effect of the withdrawal of Marvin's offer?
(b) Will your answer be the same if Carlos paid Marvin P10,000.00 as
consideration for that option? Explain.

(c) Supposing that Carlos accepted the offer before Marvin could
communicate his withdrawal thereof? Discuss the legal
consequences.