The sisters agreed to divide their inherited properties based on different types of division. They further agreed to impose a P500,000 penalty for any sister who violates the terms of the division. After a year, Teddie was found to have encroached on Gabbie's share of land. As stipulated, Teddie was liable to pay the P500,000 penalty. However, the court equitably reduced the penalty to P50,000, as Teddie's violation was only partial. Aside from the penalty, Gabbie suffered P100,000 in damages but can only recover P50,000 from Teddie unless otherwise stipulated, as the penalty substitutes damages.
The sisters agreed to divide their inherited properties based on different types of division. They further agreed to impose a P500,000 penalty for any sister who violates the terms of the division. After a year, Teddie was found to have encroached on Gabbie's share of land. As stipulated, Teddie was liable to pay the P500,000 penalty. However, the court equitably reduced the penalty to P50,000, as Teddie's violation was only partial. Aside from the penalty, Gabbie suffered P100,000 in damages but can only recover P50,000 from Teddie unless otherwise stipulated, as the penalty substitutes damages.
The sisters agreed to divide their inherited properties based on different types of division. They further agreed to impose a P500,000 penalty for any sister who violates the terms of the division. After a year, Teddie was found to have encroached on Gabbie's share of land. As stipulated, Teddie was liable to pay the P500,000 penalty. However, the court equitably reduced the penalty to P50,000, as Teddie's violation was only partial. Aside from the penalty, Gabbie suffered P100,000 in damages but can only recover P50,000 from Teddie unless otherwise stipulated, as the penalty substitutes damages.
The sisters agreed to divide their inherited properties based on different types of division. They further agreed to impose a P500,000 penalty for any sister who violates the terms of the division. After a year, Teddie was found to have encroached on Gabbie's share of land. As stipulated, Teddie was liable to pay the P500,000 penalty. However, the court equitably reduced the penalty to P50,000, as Teddie's violation was only partial. Aside from the penalty, Gabbie suffered P100,000 in damages but can only recover P50,000 from Teddie unless otherwise stipulated, as the penalty substitutes damages.
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PART 1: DIVISIBLE/INDIVISIBLE (Indivisible obligation)
OBLIGATION (Article 1225) Indivisible obligation is the
object of which, in its delivery or Gabbie: Mga ate, walang last will and performance, is not capable of partial testament na iniwan si mama, paano natin fulfilment. paghahatian yung mga properties? Alex: Oh andito pala si ate Teddie? Diba Teddie: Ang tanong, paano naman natin umalis ka kasi sabi mo di mo kinaya buhay hahatiin ‘yan? mo dito? Tapos ngayong wala na si mama, Alex: Akin nalang yung baka. saka ka magpaparamdam kasi hatian na ng Teddie: Sayo lang? mana. CJ: Oh tapos isa lang yung baka, paano Bobbie: Alex naman. hahatiin yun kung lima tayo. Alex: Nagbibiro lang naman ako eh. Bobbie: Mabuti pa kung atin nalang lahat CJ: Sige tama na yan. Ano raw kasi yung yung retreat house. Mag co-owners nalang basehan ng hatian? kasi tayo. Di rin naman kasi yun mahahati. Gabbie: Hindi lang yung lupain yung ari- arian natin. Actually, may pinatayo si mama na retreat house nitong Julyo. Pero The division of the retreat house is under ngayong Septyembre na, foundation at the Ideal Division. The parts of the house bubong palang ang nagawa dahil are not materially separated but rather napagkasunduan nila ni Engr. Buendia na assigned to each of the five sisters. It is a hanggat hindi lalagpas ang construction sa co-ownership between the Desyembre, ayos lang mahinto. sisters.Therefore, neither one of them is the absolute owner of a specific portion Construction of the retreat house is a thereof. divisible obligation because the construction is capable of being partially fulfilled. (Kinds of division – ideal/intellectual) Their mother and the Engr.’s agreement Neither is the absolute owner of a stipulated that construction be partially specific portion thereof. fulfilled as long as it does not go beyond December of the same year. Failure to fully CJ: Sa lupain naman, hati hatiin nalang construct it on the stipulated date, Engr. natin. Dapat equal yung mga Bendia is responsible for indemnification for measurements ha. Walang dapat lalagpas damages (Art 1224). sa parte ng bawat isa. (Divisible obligation) Bobbie: Sige ba! Kung sino man ang (Art 1223) Divisible obligation is the lalagpas sa parte ng isa ay magbabayad ng object of which, in its delivery or penalty ah. performance, is capable of partial fulfilment. Gabbie: Oh magkano ba?
Tapos, may baka raw na binili si mama Alex: P300,000?
kaso di na niya maaabutan yung delivery ngayong September 30. Teddie: Gawin nating P500,000 para siguradong wala ng lalagpas! One cannot deliver a portion of an animal alive. The delivery of a living animal cannot The allotment of the field to the sisters is be partially fulfilled therefore it is an based on equal measurements. This indivisible obligation. division is under the Quantitative Division. (Kinds of division – quantitative) If the inheritance consists only of a field, its partition by meters and bounds into equal parts is a quantitative division
Gabbie: Oo nga pala, may alahas pa
palang natira si mama. We should divide it fairly with the cow.
Alex: Ibigay nalang natin kay Gabbie ang
baka, siya naman ang nag-alaga kay mama eh.
CJ: Sang ayon ako sayo ate Alex.
Bobbie: How about the jewelries? We
should divide it accordingly.
The cow and the jewelries fall under the
Qualitative Division. This is due to the cow and the jewelries being homogenous.
(Kinds of division – qualitative)
Qualitative division or one based on quality, not on number or quantity of the things that are the object of the obligation Previously, all the sisters agreed to a Gabbie: Ha? Ate naman eh. contract regarding their share of the Teddie: Eh kasi nga may baka ka naman properties. It was stipulated that any diba. Tsaka maliit lang naman yung portion individual acts are exclusive to their na naoccupy ko sa share mo. respective properties. Neither of them Gabbie: Kahit na ate eh. Napag-usapan na should meddle with the share of the natin diba. other. The sisters were not that close so CJ: Oo nga, napag-usapan na natin yung they agreed that noncompliance is hatian eh. Di porket ikaw yung panganay, tantamount to P500,000 worth of penalty. pwede mo nang angkinin yung sa iba. (Book 4 Title 1 Chapter 3 Section 6 Civil Teddie: Hindi ko nga sinasadya eh. code A contract with a written penalty if Pinagtutulungan n’yo ko kasi di naman ako ever one of the parties doesn’t do their kasing galing ni Bobbie. part) Bobbie: Oh ba’t ako? Ba’t parang kasalanan ko? (Art 1226) Penal clause is an additional CJ: Wala naman ‘yang kinalaman dito ate component attached to an obligation eh. that urges the debtor to fulfil his original Gabbie: Oo nga. Hindi naman ako yung promise. Failure to fulfil the original nag insist na sa akin yung baka, kayo yung promise will make the debtor liable to nagsabi nun. Tapos ngayon, kayo ang pay just the penalty. lalabag? Alex: Magkakapatid tayo, pero eto nag aaway na naman tayo dahil sa ari arian. PART 2: OBLIGATIONS WITH PENAL Gabbie: Kahit na magkapatid tayo. May CLAUSE kasunduan tayo eh. (After 1 year…) Bobbie: Tingnan niyo, nagleave na si Gabbie. Ano balak mo ngayon ate Teddie? CJ: Oh ate, ba’t gusto niyo raw CJ: Teka, kakachat lang ni ate Gabbie sa makipagmeet? akin. Gabbie: Ewan ko dito kay ate Bobbie, siya Teddie: Oh ano raw? Sabing hindi ‘yung nag insist, kasi nga may dapat nga sinasadya eh. Kung penalty yan gaya sa raw ipagtapat si ate Teddie. pinag-usapan natin, babayaran ko nalang Bobbie: Sabihin mo na Teddie. It’s about para matapos na ‘to. time. (Article 1227) One cannot simply pay the Teddie: Ha? Ba’t ako na naman? penalty, without doing his/her part, just Bobbie: Eh kasi diba may agreement tayo to extinguish the contract) na hindi mangialam sa parte ng iba. Sabihin mo na kasi ate, mas maganda kung sa’yo mismo nanggaling. Teddie was liable for the breach of contract. Alex: Ate Teddie naman. Don’t tell me However, the court reduced the P500,000 nilabag mo yung usapan. At kanino namang agreed penalty to P50,000 in favour of bahagi ka lumagpas? Gabbie. Bobbie: Kay Gabbie. (Art. 1229) The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly Since, the sisters initially agreed to impose complied with by the debtor. Even if penalty in case of noncompliance to the there has been no performance, the stipulation provided, it is conventional. penalty may also be reduced by the courts if it is iniquitous or (Kind of penalty – Conventional) unconscionable. (1154a) Aside from the penalty, Gabbie suffered P100,000 worth of damages. However, Gabbie cannot recover more than P50,000 from Teddie, as the penalty stipulated, unless there is a stipulation to the contrary: 1. Stipulation states 2. Debtor refuses to pay penalty 3. Debtor guilty of fraud in performance of obligation
(Article 1226) The penalty takes the
place of the indemnity for damages and the payment of interests in case of non- compliance. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be enforced.
(Art 1168. When the obligation consists
in NOT DOING and the obligor does what has been forbidden him, it shall also be undone at his expense)