Question 11, 2017 Civil Law Bar Exam

XI.

(Question XI, Civil Law, 2017 Bar Exam)

Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00 from Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan “once his means permit.” Two months later, they had a quarrel that broke their long-standing friendship.

Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory note. What will your advice be? Explain your answer. (3%)

Suggested Answer:

I will advise him to file an action in court to fix the period of the obligation. Answer

Under the Civil Code, if the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. Rule

In the case at bar, the obligation to pay the loan did not fix a period. However, from the nature and circumstances, it can be inferred that the parties intended to a period when the loan would be paid. Apply

Thus, the court may fix the period of the obligation for the parties. Conclusion

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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