Facts: Juana is a jeweler engaged in selling customize and luxurious
jewelries to different customers. Tish on the other hand is a socialite who
loves collecting unique jewelries. In a Trade fair held in Germany, Tish and
Juana were introduced with the other by a common friend, John. On
their first meeting, Juana showed Tish all of her items for sale. One item
that caught Tish attention was the L’incomparable Diamond Necklace, a
unique diamond necklace worth P55 million. Tish was so mesmerized
with the item that she wanted to immediately have it. Juana agreed but
on condition that Tish should pay at least half of the purchase price and
the balance payable 30 days thereafter otherwise Tish should return the
item. Bereft of cash, Tish approached John and opened to him her
predicament. John agreed to lend her P25 million on condition that it
shall be paid 4 months thereafter with an interest of
blinded by her desire, agreed with the condition hence successfully
obtained her favorite Jewelry. A week after the meeting, Tish flew back
to the Philippines via Cathay Pacific airline. After 45 minutes from
departure, the plane where Tish was on board suddenly disappeared
from the radar. Hours later, news broke out that the plane crashed in the
Pacific Ocean caused by a lightning. During the search and rescue
operation, the rescuers found Tish as the sole survivor of the crash. Tish
kept on crying and when asked, answered that she could not bear the
emotional loss since her favorite Jewelry was lost together with the
wreckage. Two months thereafter, Tish approached Juana and informed
her that she cannot pay her obligation because she is already declared
insolvent. Further, she also informed Juana that even if she is not
insolvent, she will not pay the obligation considering that the object was
lost in the crash wreckage. As to the subject matter, what is the nature of
Tish’s obligation to Juana? *
Real Obligation to give a specific property.
Real obligation to give a generic property.
Positive personal obligation.
Negative personal obligation.