Survival of the Fittest

CHAPTER SEVEN

" Miss De Lanio"

" Yes po Atty" I answered kasalukuyan kasi ang graded recitation namin sa ObliCon. And I must say that I'm not ready for this graded recitation. Hindi ako nag advance reading I never opened my book on weekends. Diba nga kase that Summer. Na stress ako sa kanya. I tried to read my notes naman. Pero walang nag sisync in sa utak ko. And now... maybe the first time na hindi ako makakasagot sa recitation. Ahhhhh!!! What to do. Wala talaga akong alam sa lesson for today. Though palaging sinasabi ni Atty.  na magbasa, magbasa ng magbasa and understand each articles. Pero ngayon. Don't know what to do.

" Babes... Okay ka lang?" Stella asked me.

"Ohmyghad! Yeah, I'm okay. "

" Miss De Lanio" ulit ni Atty.

" Ahhh! Yes po Atty. Can you repeat the question po. " I answered back.

" Memorize the general provisions of extinguishment of obligation".

" Miss De Lanio are you listening?"

" Sorry Atty. "

" Anyone? Who can help Miss De Lanio?"

" Tim". Siko ko kay Tim. " What to do". Hindi ko talaga alam. Tatayo na sana si Tim when someone talk behind us. Sa likod namin and it's Summer.

" Article 1231. Obligations are extinguished: one by payment or performance; two by the loss of the thing due; three by the condition or remission of the debt;. Four by the confusion or merger of the rights of creditor and debtor; five by compensation; six by novation. Other causes of extinguishment of obligations such as annulment, rescission, fulfillment of a resolutory condition and prescription are covered elsewhere in this code 1156.

"Okay thank you Mr. Maniego"

"Section 1 payment or performance article 1232 payment means not only the delivery of money but also the performance in any other manner of an obligation."

"meaning of payment as illegal mode of extinguishing an obligation it has a much wider meaning payment may consist of not only in the delivery of money but also the giving of a thing other than money doing of an act or not doing of an act".

"when a debtor face damages are penalty in lieu of the fulfillment of an obligation see article 1226 there is  also payment in the sense used in article 1232
ok here are some examples."

"Example  when is obliged himself to deliver 100 sacks of rice to be delivered only 96."

" So under the low there is no payment by s&b can refused to pay for the 96 if it does not deliver what is lacking."

"Here's  another example x agreed to paint the house of y for 100,000 pesos x did not paint the kitchen anymore and instead asked y to pay him 100,000 less the cost of painting the kitchen."

"Y  can refuse to pay X  because the debt of Y to deliver money will arise only after the death of x to paint the house is completely rendered article 1191".

Ang dami pang mga examples given by Atty. But my mind is not on the class. Sobrang lutang ko ngayon. Thanks to Summer pala a while back he did answer the question that for me sana. Dapat lang no. Tskk....

"Okay! That's all for today. See you around." And by that umalis na si Atty.

" Babes are you really okay?" Tanong agad ni Stella pag ka alis ni Atty.

" Babes to tell you the truth wala akong maintindihan sa klase. Sobrang lutang ko talaga. Like! Whoahhh... Ghorl pamidterms na o ayusin mo buhay mo."

" It's okay babes baka naman kase may sekretong malupet ka diyan na di sinasabi diba Tim." She said again and siniko niya si Tim.