Note: All answers must not be less than 20 words.

1. Corona bound himself to deliver his only house to Covid on April 19, 2020. On said date, Corona
failed to deliver the said house.

Question: Is Corona in legal delay? If yes why? Discuss. If no why? Discuss.

2. Ben agreed with Dan that the former will sell his original Samsung cell phone to the latter for a
discount of 50% of the selling price. Delivery and payment will be on April 1, 2020. On said date,
Ben deliberately changed said cell phone with an imitation.

Question:

1) What kind of fraud was employed? Why?

2) What is the remedy of Dan, if any? Explain.

3. Kit was a BSCA student of Mang Kanor College when he was shot by Rick, a security guard on
duty at the school premises. Kit was rushed to nearby hospital for treatment. Kit after the
incident filed a case against the school and its officials for damages.

Question:

a) Is the school liable? Why? Explain with basis.

4. Mang Johnny and Homer entered into a contract of agency. And one of the stipulations in the
said contract is that if Mang Johnny commits fraud against Homer in the future regarding the
performance of their contract, Mang Johnny will not be liable to Homer.

a) Is the agreement valid. Why?

5. On January 20, 2020, Francis bound himself to give his only car to Alec if the latter passes the
April 2020 CBLE. Francis passed the CBLE. From January 20, 2020 up to April 2020, Francis
introduced some improvements on the said car like the repainting of the entire body due to
deterioration, change of major engine parts due to oil leakage, and putting leather seat cover.

a) Who has the right over the improvements? Why?

6. On October 12, 2019, Ben obtained a loan from Francis in the amount of P1M due on March 16,
2020. Subsequently, they both forgot the maturity date of the obligation and Ben paid it on
February 14, 2020.
Can Ben recover what he has paid? Explain.

7. Arthur obliged himself to deliver to Francis 100 bottles of French perfume. However, despite
diligent efforts of Arthur to deliver all, he was able to deliver only 98 bottles because of import
restrictions.

Question: Is the obligation of Arthur extinguished? Explain with legal basis.

8. Caren mortgaged her property to Francis in the amount of P200,000.00. Alfred, a third person,
pays the whole mortgage debt of Caren to Francis without the knowledge of Caren. He then asks
that Francis assign to him (Alfred) the former’s rights as mortgagee.

Question:

a. If Francis refuses, can Alfred compel him? Why?

b. If Francis wants to make the assignment, can Alfred be subrogated to Francis’ rights as
mortgagee? Explain.

9. Andy, a minor, is indebted to Ben for the sum of P10, 000.00. While still a minor, Andy pays Ben
the whole amount of P10, 000.00.

a. Is the payment made by Andy to Ben valid? Why?

b. Supposing that at the time of payment, Andy is between the ages of 18 and 21 and Ben
spends in good faith the amount paid, may Andy recover what he paid? Explain.

10. Is the creditor bound to accept check? Explain.

Note: Please submit not later than Friday (March 20, 2020). Each of you must just choose one (1)case.
Summarize the cases and send to my email add: foliva1964@yahoo.com.

CASE RESEARCH

1. Raymundo S. De Leon vs. Benita T. Ong, G.R. No. 170405, February 2, 2010.
2. Domingo Ang vs. American Steamship Agencies, Inc., G.R. No. L-25047, March 18, 1967
3. William Uy and Rodel Roxas vs. CA, et al., G.R. No. 120465, September 9, 1999
4. Johnny Josefa vs. Lourdes San Buenaventura, G.R. No. 163429, March 3, 2006.
5. PH Credit Corporation vs. CA & Carlos M. Farrales, G.R. No. 109648, November 22, 2001
6. Asset Privatization Trust vs. T.J. Enterprises, G.R. No. 167195, May 8, 2009
7. Fil-Estate Properties, Inc. vs. Gonzalo and Consuelo Go, G.R. No. 165164, August 17, 2007
8. Capiral vs. Manila Electric Company, L-15721, December 27, 1963.
9. Central Philippine University vs. CA, et. Al., G.R. No. 112127, July 17, 1995
10. Heirs of Severina San Miguel vs. CA, et. Al., G.R. No. 136054, September 5, 2001
11. Raymundo S. De Leon vs. Benita T. Ong, G.R. No. 170405, February 2, 2010.
12. Domingo Ang vs. American Steamship Agencies, Inc., G.R. No. L-25047, March 18, 1967
13. William Uy and Rodel Roxas vs. CA, et al., G.R. No. 120465, September 9, 1999
14. Johnny Josefa vs. Lourdes San Buenaventura, G.R. No. 163429, March 3, 2006.
15. PH Credit Corporation vs. CA & Carlos M. Farrales, G.R. No. 109648, November 22, 2001