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TITLE I. OBLIGATIONS
Article 1181
JANUARY 6, 2015 / DIONE MENDOZA
ISSUE/S
LAWS
HOLDINGS
No. The CFI did not err with their ruling. The condition imposed
by the testator in the double legacy mentioned depends upon
the happening of the event constituting the condition, to wit,
the death of the legatee Basilia Gabino, a perfectly legal
condition according to article 1114 of the Civil code, as it is
not impossible of performance and is not contrary to law or
public morals, as provided in article 1116 of said code.
The moment the legatee Gabino dies the other legatee,
Lorenzo Salvador, is obliged to deliver the property to the heir
Emilio Natividad who, in his turn and in exchange, must pay
the legatee Salvador the sum of P4,000, thereby fulfilling the
double legacy contained in the said sixth clause of the will, the
first of these legacies being the voluntary reservation to
Basilia Gabino of the ownership of the said house, and the
second, the conditional legacy of P4,000 to Lorenzo Salvador.
If the provisions of article 675 of the Civil Code are to be
complied with, it cannot be understood that the testator
meant to bequeath to Basilia Gabino the mere usufruct of the
property, inasmuch as, by unmistakable language employed
in the said sixth clause, he bequeathed her the ownership or
Article 1182
JANUARY 6, 2015 / DIONE MENDOZA
Article 1183
JANUARY 6, 2015 / DIONE MENDOZA
Article 1184
JANUARY 6, 2015 / DIONE MENDOZA
Article 1185
JANUARY 6, 2015 / DIONE MENDOZA
Article 1186
JANUARY 6, 2015 / DIONE MENDOZA
October 2, 1922
vs.
Uy Tieng Piao & Tan Liuan (Defendant-Appellant)
FACTS:
Article 1226
JANUARY 3, 2015 / JAIME ROBILLON
FACTS: This action is filed by the plaintiff against the Manila Jockey
Club and its partners for the recovery from them of the forfeited
amount of P100,000 and for the payment of P50,000 as damages.
The appealed judgment absolves the defendants.
ISSUES: Does forfeiture of what has been already paid, by reason
of the failure to pay other installments constitute penalty?
HELD: Yes.This clause regarding the forfeiture of what has been
partially paid is valid. It is in the nature of a penal clause which may
be legally established by the parties (article 1152 and 1255 of the
Civil Code). In its double purpose of insuring compliance with the
contract and of otherwise measuring beforehand the damages which
may result from non-compliance, it is not contrary to law, morals or
public order because it was voluntarily and knowingly agreed upon
by the parties.
Article 1227
JANUARY 3, 2015 / JAIME ROBILLON
Article 1228
JANUARY 3, 2015 / JAIME ROBILLON
1. John Edgar & company was engaged in retail business buying and
selling books & stationary, it suffered financial trouble to save the
collapsed of the said company creditors agreed to convert their
credit into share of stock equivalent to amount they lent to the
company.Lambert and Foc became the major stockholders of the
company. After the incorporation of the firm was completed Lambert
and Fox agreed that neither or both of them sell or transfer their
holding in the company until after one year which they believed
after a year the company would become financially stable. They
agreed that 1,000 penalty would be paid in case any of them
violated the said agreement. After 9 months Fox believing that John
Edgar & Company was already stable sold his shared to their rival
company McMullough. The sale was protested by Lambert and
reminded Fox on their prior agreement. After Fox sold his shares to
Mc Mullough Lambert sued him with CFI, however the trial court
decided inf favor of Fox on the reason that company was already
stable and that Fox fulfilled his obligation and taht their agreement
should be good and continue until the company become financially
sound, Lambert appealed
Supreme Court
Ruling:
1. It held that the trial court erred in its construction of the contract.
2.the intention of the parties to a contract must be determined, the
contract itself, which it presumed that what they said or speak in
clear language is what they meant.
Article 1229
JANUARY 3, 2015 / JAIME ROBILLON
HELD:
No, Article 1152 of the civil code permits the agreement upon a
penalty apart from the interest.Should there be such agreement,
penalty, does not include the interest; and which may be demanded
separately (as was held in case of Lopez vs. Hernaez-32 phil 631),
but considering that the obligation was partly performed and
making use of the power given to the court by article 1154 of the
civil code, the penalty is reduced to 10 percent of the unpaid debt.
The judgment appealed from is affirmed.
Article 1230
JANUARY 3, 2015 / JAIME ROBILLON
Article 1223
JANUARY 3, 2015 / JAIME ROBILLON
Article 1224
JANUARY 3, 2015 / JAIME ROBILLON
Article 1225
JANUARY 3, 2015 / JAIME ROBILLON
Article 1207
JANUARY 3, 2015 / JAIME ROBILLON
must have jurisdiction of the matter and the parties; c). the
judgment was based on the merit of the case; d). there is
between the first and second suit identity of parties involved,
subject matter, cause of action and relief sought( Francisco vs
Blas 91 Phil 1/; Diana vs Batangas Transport co. 93 Phil 391
and Magdangal Vs City of Olongapo 179 SCRA 507).
ARTICLE
Article 1208
JANUARY 3, 2015 / JAIME ROBILLON
Article 1209
JANUARY 3, 2015 / JAIME ROBILLON
Article 1210
JANUARY 3, 2015 / JAIME ROBILLON
Article 1211
JANUARY 3, 2015 / JAIME ROBILLON
Article 1212
JANUARY 3, 2015 / JAIME ROBILLON
All creditors may perform acts that will benefit each other. They may
help each other to have more gains and built up their relationship in
good standing.
Prejudicial Acts of Solidary Creditors
If one or more of the member performs acts that will have bad
effects, lost of profit or may harm the good standing he will be liable
to his co-creditors.
Article 1213
JANUARY 3, 2015 / JAIME ROBILLON
Article 1214
JANUARY 3, 2015 / JAIME ROBILLON
Ang may pagkakautang ay maaring magbayad sa isa sa pinagsamasamang nagpapautang, ngunit kung may paniningil sa hukuman o
sa labas ng hukuman ng isa sa kanila, ang pagbabayad ay dapat
doon sa sumingil.
Pagpuna:
Ang may utang ay maaring magbayad sa sino man sa
magkakasamang nagpapautang, at ang pagbabayad kung
tatanggapin sino man sa kanilang magkakasamang may pautang ay
mag aalis ng pananagutan.
Illustration (by Allan Pailan):
A,B,C,D are the solidary creditors representing the credit union in
which E is a debtor. if one of them(creditors) or C made a demand
on E in order to fulfilled the latter obligation, E can only made
payment to C and that payment is sufficient to effect the
extinguishment of obligation of E.
Article 1215
JANUARY 3, 2015 / JAIME ROBILLON