Law on

Obligations and
Contracts
Preliminary Examination Ans
Dumbledore received his full retirement
benefits including those monetary benefits
that were properly disallowed by COA to be
granted to public officers. GSIS sought the
restoration of the said disallowed benefits but
the court ruled that such restoration cannot
be enforced against Dumbledores retirement
benefits as this is expressly prohibited by law
under R.A. 8291. Is Dumbledore obliged to
return the benefits improperly received by
him under the principle of solutio indebiti?
(5pts)
Yes. It cannot be denied that Dumbledore was a
recipient of benefits that were properly disallowed
by the COA. These COA disallowances would
otherwise have been deducted from his salaries.
The GSIS can no longer recover these amounts by
any administrative means due to the specific
exemption of retirement benefits from COA
disallowances. Dumbledore resultantly retained
benefits to which he was not legally entitled
which, in turn, gave rise to an obligation on his
part to return the amounts under the principle of
solutio indebiti.
Avenger Airlines cancelled all
its flight to North Pole due to
the Mt. Hulk eruption and
Shield's indefinite closure.
The passengers were then
forced to pay for their
accommodations and meal
expenses from their personal
funds. Thus, they filed an
action for damages against
Avenger Airlines. Can
Yes. The Mt. Hulk eruption prevented
Avenger Airlines from proceeding to
Manila on schedule. Such event can be
considered as "force majeure" since the
delayed arrival in North Pole was not
imputable to Avenger Airlines.
When Avenger Airlines was
prevented from resuming its flight to
North Pole due to the effects of Mt. Hulk
eruption, whatever losses or damages in
the form of hotel and meal expenses the
stranded passengers incurred, cannot be
charged to Avenger Airlines. Indeed, in
the absence of bad faith or negligence,
Avenger Airlines cannot be liable for the
Iron Man is a passenger in
a carefully driven bus.
Without any warning, he
jumped off the bus, as a
result of which, he suffered
injuries. Is the bus
company liable for the
injuries sustained by Iron
Man? (5pts)
No, The bus company
is not liable for the
injuries sustained by
Iron Man. The injuries
sustained by him is
because to his own
negligence. The bus
driver drive the buss
with extra ordinary
 Suppose Iron Man was standing
on the running board of the bus
and was repeatedly told by
Captain America the conductor to
go inside but he did not pay any
attention. Suddenly, the bus
swerved to the right to aviod
collision with another vehicle, as
a result of which, Iron Man was
thrown off the bus and died
immediately. At the time of the
mishap, the driver was
intoxicated and was driving
Yes, the bus company in
case at bar is liable for the
death sustained by Iron
Man. Iron Man did not
exercise ordinary diligence
to prevent his death. But
his contributory negligence
do not prevent him to
recover damages since the
proximate cause is the
common carrier. Since
Tony Stark sold his
horse for P 15,000.00.
No date or condition
was stipulated for the
delivery of the horse.
While still in the
possession of Tony
Stark, the horse gave
birth to a colt. Who has
the right to the colt?
All fruits shall pertain
to the vendee from the
day the contract is
perfected. Hence Tony
stark is entitled to the
colt since there is no
date of delivery and
fulfillment of
obligation to pay the
Harry Potter went to Hogwarts with
his family without leaving somebody
to look after his house in Muggle City.
While in Hogwarts, abig fire broke out
near the house of Harry Potter.
Through the effort of Lord Voldemort,
a neighbor, the house of Harry Potter
was saved from being burned. Lord
Voldemort, however, incurred
expenses. Can Lord Voldemort
demand for the payment of the
expenses he incurred? (5pts)
Yes, Lord Voldemort can
demand the payment of
the expenses he incurred.
Under Article 1160,
One kind of quasi
contracts is the
negotiorum gestio
wherein it is the voluntary
management of the
property of another