2019 Midterms Pointers:

I
When is an officious manager liable for a fortuitous event? (2147 & 2148)
When does an owner have a right for damages for the losses incurred by the gestor?
When is the gestor entitled to reimbursement?
Article 2147. The officious manager shall be liable for any fortuitous event:
(1) If he undertakes risky operations which the owner was not accustomed to embark upon;
(2) If he has preferred his own interest to that of the owner;
(3) If he fails to return the property or business after demand by the owner;
(4) If he assumed the management in bad faith. (1891a)
Article 2148. Except when the management was assumed to save property or business from imminent danger,
the officious manager shall be liable for fortuitous events:
(1) If he is manifestly unfit to carry on the management
(2) If by his intervention he prevented a more competent person from taking up the management. (n)
Article 2145. The officious manager shall perform his duties with all the diligence of a good father of a family, and
pay the damages which through his fault or negligence may be suffered by the owner of the property or business
under management.
The courts may, however, increase or moderate the indemnity according to the circumstances of each case.
(1889a)
Article 2150. Although the officious management may not have been expressly ratified, the owner of the property
or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall
reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may
have suffered in the performance of his duties.
The same obligation shall be incumbent upon him when the management had for its purpose the prevention of
an imminent and manifest loss, although no benefit may have been derived. (1893)
Article 2151. Even though the owner did not derive any benefit and there has been no imminent and manifest
danger to the property or business, the owner is liable as under the first paragraph of the preceding article,
provided:
(1) The officious manager has acted in good faith, and
(2) The property or business is intact, ready to be returned to the owner. (n)
II
Article 1165 (3) If the obligor delays, or has promised to deliver the same thing to two or more persons who do
not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery.
 If A promised a condominium to B and if they fulfill a condition and they both fulfilled the condition, who has a
better right?
Article 1187. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to
the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations
upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been
mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests
received, unless from the nature and circumstances of the obligation it should be inferred that the intention of
the person constituting the same was different.
In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition
that has been complied with. (1120)
III
Article 1197. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred
that a period was intended, the courts may fix the duration thereof.
The courts shall also fix the duration of the period when it depends upon the will of the debtor. (in connection
with 1180)
In every case, the courts shall determine such period as may under the circumstances have been probably
contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. (1128a)
Article 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)
Article 1235. When the obligee accepts the performance knowing its incompleteness or irregularity and without
expressing any protestor objection, the obligation is deemed fully complied with.
IV
TACIT RESOLUTORY CONDITION
Article 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not
comply with what is incumbent upon him.
The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of
damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should
become impossible.
The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period.
V
What are the essential requisites of caso fortuito?
1. Event must be independent of the will of the debtor
2. It must be either unforeseeable or inevitable
3. Must be of such character to render the obligation impossible to be fulfilled by debtor in normal means
4. Debtor is free from participation in the aggravation of the injury resulting to the creditor.
VI
 What is the principle of estoppel?
Note the difference between suspensive term and condition with regards to fruits
Article 1431.Through estoppel an admission or representation is rendered conclusive upon the person making it
and cannot be denied or disproved as against the person relying thereon.

Suspensive Condition Suspensive Term

Existence of obligation is predicated upon happening of Obligation already exists and enforcement is stalled
condition. (There is no personal right.) The right is pending arrival of the term. (There is personal right;
protected by using 1188 1164)

VII
1169. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his
obligation, delay by the other begins.
IX
Article 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take
effect in conformity with the provisions of this Code.
Article 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or
extra judicially demands from them the fulfillment of their obligation.