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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