CPA
BOARD EXAMS
OUTLINES
by theMahatma
#2
OBLIGATIONS
Q&A #1
Assume that the debtors share the liability 1:4:5, while the
creditors share 2:1. How much could E collect from C?
o If both debtors and creditors are liable jointly, E can collect a
total of Php 4,000. This shall be divided among the debtors
according to their sharing scheme. Thus, he can collect Php
2,000 from C
o If debtors are liable solidarily, E can collect the entire Php
4,000 from C, just as he would from the other debtors
o If the creditors are liable solidarily, E can collect the entire
Php 12,000 despite the sharing. In solidary liability, such
sharing schemes work only between the co-debtors/creditors.
However, the amount will be shared by the debtors according
to the ratio since they are jointly liable. Thus, he can collect
Php 6,000 from C
o If both debtors and creditors are liable solidarily, E can collect
the entire Php 12,000 from C
If it turns out that one of the debtors cannot give consent (due to
minority, insanity or otherwise), he shall not be liable for the debt.
Thus in the first case (equal sharing, both parties joint), if C was a
minor, the debt to be paid would only be Php 8,000
As mentioned, solidary creditors cannot assign their rights to
others without prior consent, but they can condone (forgive) part
or the entire debt even without the consent of his co-creditors. In
the first case, if E condones Cs debt, the amount to be paid would
only be Php 8,000. However, E will be liable to D for the debt
condoned, and if the debtors are solidarily liable C will be
liable to his co-debtor who fully paid the debt
The creditor who first demanded has the better right. In case the
debtor pays the other one, his payment is considered invalid and
thus the obligation is not extinguished
Q&A: WHAT ARE THE EFFECTS IF THE DEBTOR PAYS A SUM BEFORE
THE DUE DATE?
The debtor is generally entitled for interest (at legal rate, 6% per
annum starting July 2013) for the period from the premature
payment until the due date, but this depends if the obligation is
subject to a suspensive condition or period
If subject to a suspensive condition (i.e., the happening of the
condition gives rise to the obligation), debtor gets the interest only
if the creditors were in bad faith. If subject to a suspensive period
(i.e., the arrival of the period gives rise to the obligation), debtor
gets the interest regardless of the creditors knowledge of the
obligations pendency
The legal relation between the passenger and the bus company is
contractual in nature. Thus, he can bring forth culpa contractual
(contractual negligence) against the driver (or culpa criminal, at
the passengers option). He can also charge the same to the owner
of the bus company since the servant-master rule applies here: the
negligence of the driver is also the negligence of the owner. The
passenger may also charge culpa criminal (criminal negligence)
against the owner, but this would only be his subsidiary liability
As to the pedestrian, he can charge culpa aquiliana (extracontractual negligence) against the owner. However, the owner
Q&A: SUPPOSE THERE ARE SEVERAL DEBTS DUE AND THE DEBTOR
DOES NOT HAVE ENOUGH CASH TO PAY THEM ALL. TO WHAT DEBTS
SHOULD THE PAYMENT BE APPLIED?
Q&A: WILL THE DEBTOR BE LIABLE IF THE OBJECT IS LOST DUE TO HIS
FAULT IN OBLIGATIONS WITH SUSPENSIVE CONDITIONS?