OBLICON

Accion Derecta Art 1652 e.g. lessor-lesee, lessee-sublessor-sublessee (no privity of contracts because 2 different contracts) E.G. IF LESSOR leases his house w/ 4 bedrooms for P20k If leasee subleases the property for P10k per room P40k (allowed If leasee owes backrentals for the property, the lessor could directly claim from the subleassees

DECEMBER 12

Art 1729 Subcontracts (Owner-Contractor-Subcontractor) -filing of direct action to the owner by the subcontractor, unless the owner already paid the contractor for the payment to be given to the subcontractor Art 1608 Pacto de Recto Sale (sale subject to repurchase) -if vendor has not repurchased the property within the period given, his right is waived *conventional redemption could be used... if still within the period given, the original vendor with the right to repurchase could sue directly the 2nd buyer whom the 1st buyer sold the property sold to legal redemption Art 1893 Contract of Agency (principal-agent-substitute) -read with Art 1892 (when agent could appoint substitute/subagent) -substitute would also be liable to the principal for the acts of the agent (principal could directly sue him... FORCE MAJEURE Acts of Men (Dioquino vs. Laureano = throwing of stones; Bacolod-Murcia Milling vs. CA = termination of contract + right of way; Austria vs. CA = robbery; Philcomstat vs. Globe Telecom = vfa ended... not unforseeable but unavoidable; wars, coup de etat, riots, strikes, stampede) *Helvetia: old name of Switzerland -cannot be foreseen, or can be foreseen but inevitable -stipulations (particularly in insurance contracts) usually provides for fortuitous contracts where extinguishment of liability are not allowed Requisites (Act of God Doctrine) 1. cause of breach: independent of will of debtor 2. event: unforeseeable, unavoidable 3. event: render debtor to not fulfill obligation in normal manner 4. debtor did not aggravate the injury (no concurrent negligence)-important!!! *time should not be the controlling motive JUAN NAkPIL and Sons vs. CA -architects and contractors liable: made substantial deviations (change size of reinforcement bars, used substandard materials) -older buildings withstood the earthquake (7.3) but the PBA, which was more recently built, incurred substantial damage Republic vs. Luzon Stevedoring -the barge of Luzon Stevedoring, towed by 2 tugboats downstream the Pasig River, subsequently destroyed the COLUMNS of the Nagtahan Bridge -2 tugboats used for better controlling of the barge: 1 at the front (FOR STEERING), 1 at the back (FOR BREAKING) -court held that company cannot use the swollen river and its swift current as an exception to the liability: guilty of concurrent negligence since they did not wait for the river to become more stable Dioquino vs. Laureano do not lend your car! do not lend your ponies to the ladies -Dioquino allowed Laureano, officer of Motors Vehicles Office (MVO), to use his car FOR FREE; some boys threw stones at the cars winshield -sued Laureano, including father (since the father was the one who had properties suspensive conditions) -court held that breaking of winshield is a fortuitous event, NOT GUILTY of Quasi Delict Austria vs. CA -Austria (a commissioned agent) was entrusted with jewelry worth P4500 (which was expensive at that time 1970), but she became a victim of robbery her wallet and the jewelry were stolen from her so the owners sued her -Court held that the Austria was not guilty of negligence by coming home late at night alone because at the time she was robbed, it was still safe to go home alone during the night the robbery is a fortuitous event (act of man) NPC vs. CA NPC suddenly opened the floodgates of the Angat Dam at the height of the typhoon Welming, destroying the construction materials of the ECI NPC was guilty of concurrent negligence because they already knew beforehand that there would be a strong typhoon so they should have gradually released the water beforehand, or even at the height of the storm Yobido vs. CA Front tires of the bus burst while traveling at high speed on a rough road after heavy rains Presumption of negligence: driver negligent in not slowing down even if one of the passengers (Leny the victims wife) cautioned him already to slow down burden of proof on the carrier to show that he is not guilty of concurrent negligence

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Acts of God (earthquakes, typhoons, volcanic eruptions, tsunami, flash floods, shuffling in recit, droughts, el nino)

OBLICON
Loans/forbearance of money Interest for damages (Moratory Interest)

DECEMBER 12