1) A, B and C borrowed Php900,000 from X. This debt is evidenced by a promissory

note wherein the three (3) bound themselves to pay the debt "jointly and/or severally".

However, according the promissory note, A can be compelled to pay only on January

18, 2020; B can be compelled to pay only on February 18, 2020; while C can be

 

compelled only when X passes the CPA Board Exam. On January 18, 2020, X made a

demand upon A the entire indebtedness.

a) Is X correct? If yes, why? If not, how much can X demand from A? why?

 

b) Can X also make demand from B and/or C? If yes, why? Or if not, why?

 

2) A, B and C are joint creditors of X and Y, solidary debtors in the amount of

Php100,000. How much can A, B and C collect from X? Why?

 

3) A, B, and C promised to pay X solidarily Php300,000 on or before September

07, 2020 without need of demand. On September 15, 2019, A paid the whole

Php300,000 to X.

 

(a) How much can A collect from B and C? Why?

 

(b) May A collect interest from B and C? Why?

 

(c) Suppose C turns out to be insolvent, how much can A collect from B? Why?

 

4) (a) A obliged himself to give B One Million Pesos if B will not marry

C before December 31, 2019. If by said date, B is not yet married, or on February 12,

2019, C died, when will the obligations of A arises? Why?

 

(b) Suppose before December 31, 2019, B became a Roman Catholic priest, is the

obligation of an effective on the date B entered the priesthood? Why?

 

5) D binds himself to give Php100,000 to C upon the death of the father of D. Is the

obligation of D conditional or one with a period? Why?

1.) 

a)X is incorrect. X can only demand the share corresponding to A which is P300,000.

b)No. B's own share has not yet matured and there is no showing that X has already passed the bar. A can only demand from B and/or C upon the fulfillment of their condition or the expiration of their term. 

 

2.) A, B, and C can collect P33, 000 from X. Since A, B and C are joint creditors, they can only collect their own proportionate share which is P33,000 from X, a solidary debtor.

 

3.) 

a.)A can collect P100,000 from B and P100,000 as well from C.

b.)No. A cannot collect interest because payment was made before the debt was due.

c.)A can collect from B his proportionate share which is P100,000 plus half the share of C which is P50, 000. In total, A can collect from B the amount of P150.000. 

 

4.)In the first scenario, the obligation of A is effective from December 31, 2019, and in the second scenario, the obligation is effective from C's death.

 

5.) The obligation is one with a period. The death of the father of D is an event certain to happen whether the parties know when will it happen or not. Hence, the obligation is one with a period.

 

Note: Please see the explanation to see the pertinent laws, rules, and provisions applicable to each case. Thank you. 

I used the annotated book of Paras on obligations and contracts. Obligations and contracts by Hector de Leon is also good. You may refer to these two books to have a further understanding regarding obligation and contacts.

 

Step-by-step explanation

1) A, B and C borrowed Php900,000 from X. This debt is evidenced by a promissory note wherein the three (3) bound themselves to pay the debt "jointly and/or severally". However, according to the promissory note, A can be compelled to pay only on January18, 2020; B can be compelled to pay only on February 18, 2020; while C can be compelled only when X passes the CPA Board Exam. On January 18, 2020, X made a demand upon A the entire indebtedness.

a) Is X correct? If yes, why? If not, how much can X demand from A? Why?

Answer:

X is incorrect. 

X can only demand the share corresponding to A which is P300,000.  This is because it is only A's share that has already become and demandable. 

As such, he cannot demand the shares of B and C until their terms or conditions have already been fulfilled.

 

b) Can X also make demand from B and/or C? If yes, why? Or if not, why?

Answer:

No. B's own share has not yet matured and there is no showing that X has already passed the bar. 

A can only demand from B and/or C upon the fulfillment of their condition or the expiration of their term. 

Here, A can only leave in suspense or pending, the right to demand the payment until the terms or conditions imposed upon B and C have already been fulfilled.

 

 

2) A, B and C are joint creditors of X and Y, solidary debtors in the amount of Php100,000. How much can A, B and C collect from X? Why?

Answer:

A, B, and C can collect P33, 000 from X. 

 

Jurisprudence dictates that when the obligation is joint on the side of the creditors and solidary on the side of the debtors, the rules applicable to each subject of the obligation should be applied, the character of the creditors or debtors determining their respective rights and liabilities.

 

In the case at bar, since A, B and C are joint creditors, they can only collect their own proportionate share which is P33,000 from X, a solidary debtor.

 

 

3) A, B, and C promised to pay X solidarily Php300,000 on or before September 07, 2020 without need of demand. On September 15, 2019, A paid the whole Php300,000 to X.

 

(a) How much can A collect from B and C? Why?

Answer:

A can collect P100,000 from B and P100,000 as well from C.

 

Article 1217 provides that he who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for payment already made. 

 

A's payment of the whole amount has extinguished the solidary obligation, as such A is entitled to reimbursement. Hence, A can only collect P100,000 each from B and C.

 

(b) May A collect interest from B and C? Why?

Answer:

No. A cannot collect interest because payment was made before the debt was due.

 

 As a general rule, the debtor who has made the payment may collect interest. However, if payment was made before the date was due, the debtor cannot collect interest.

 

Here, A made the payment before the debt is due, as such, he cannot collect interest.

 

(c) Suppose C turns out to be insolvent, how much can A collect from B? Why?

Answer:

A can collect from B his proportionate share which is P100,000 plus half the share of C which is P50, 000. 

 

Under  Article 1217 of the Civil Code, when one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each.

 

Applying the above provision in the problem, B shall bear half the share of C. As such, A can collect from B his proportionate share which is P100,000 plus half the share of C which is P50, 000. In total, A can collect from B the amount of P150.000. 

 

 

4) (a) A obliged himself to give B One Million Pesos if B will not marry C before December 31, 2019. If by said date, B is not yet married, or on February 12, 2019, C died, when will the obligations of A arises? Why?

Answer:

In the first scenario, the obligation of A is effective from December 31, 2019, and in the second scenario, the obligation is effective from C's death.

 

Under the law, the condition that some event will not happen at a determinate time shall render the obligation effective from the time indicated has elapsed, or if it has become evident that the event cannot occur.

 

Here, in the first scenario, applying the said rule,  A's obligation shall only be effective from December 31, 2019. If by that time, B has not yet married C, A is obliged to give B one million pesos.

 

In the second scenario, it is evident that the condition upon which the obligation of A will arise has become evident that the event cannot occur. As such, A's obligation is effective from C's death and has to give B one million pesos.

 

(b) Suppose before December 31, 2019, B became a Roman Catholic priest, is the obligation effective on the date B entered the priesthood? Why?

Answer:

No. The obligation is not effective on the date B entered the priesthood, because the event happened before the determinate time has elapsed. Furthermore, some priests, despite religious vows, still contract legally valid marriages.

 

5) D binds himself to give Php100,000 to C upon the death of the father of D. Is the obligation of D conditional or one with a period? Why?

Answer:

The obligation is one with a period. 

 

Period, as defined under the Civil Code, is an event which must happen sooner or later, at a date known beforehand, or a time which cannot be determined. It is a day certain which must necessarily come, although it may not be known when. 

 

The death of the father of D is an event certain to happen whether the parties know when will it happen or not. Hence, the obligation is one with a period.