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8. On December 1, 2018, Typhoon Dodong hit Butuan City. Due to the heavy
downpour, the Abante Butuan Dam, located at Brgy. Libertad rose at
dangerously high levels. To prevent an overflow of water, the management
of Angat Butuan Dam caused the opening of the spillways. An
extraordinarily large volume of water rushed out of the gates and hit the
House of A with terrific impact, as a result of which, the latter’s home and
vehicle were completely destroyed.
Sued for damages, the management of Angat Butuan Dam raised the defense
of fortuitous event. Is the defense proper? Why?
12.Suppose in the question above, the note states that A would pay the
obligation on or before January 31, 2019, without the need of demand, can
he be in default if he would not pay on such date?
18.X owes Y in the amount of P100,000 payable from June 2018 to April 2019
and X did not pay the installment for October 2018 but when he paid for
November 2018, Y issued a check for November 2018?
19.What are the different kinds of fruits mentioned in Article 1164 of the Civil
Code? Give an example of each.
“ART. 1164. The creditor has a right to the fruits of the thing from the time
the obligation to deliver it arises. However, he shall acquire no real right
over it until the same has been deliv-ered to him.”
20.A sold his dog to B for P20,000. No date or condition was stipulated for the
delivery of the dog. While still in the possession of S, the dog gave birth to
10 puppies.