2012 Remedial Law, Q4

A bought a Volvo Sedan from ABC Cars for P 5.0M. ABC Cars, before delivering to A, had the car rust proofed and tinted by XYZ Detailing. When delivered to A, the car’s upholstery was found to be damaged. ABC Cars and XYZ Detailing both deny any liability. Who can A sue and on what cause(s) of action? Explain. (5%)
Mr. Sheriff attempts to enforce a Writ of Execution against X, a tenant in a condominium unit, who lost in an ejectment case. X does not want to budge and refuses to leave. Y, the winning party, moves that X be declared in contempt and after hearing, the court held X guilty of indirect contempt. If you were X’s lawyer, what would you do? Why? (5%)

Quick check

What cause of action does a car buyer have against a seller who delivers a vehicle with damaged upholstery?

On what legal ground may a car buyer directly sue a third-party detailing shop that negligently damaged the car prior to delivery?

What is the proper procedure for a sheriff enforcing a writ of execution for delivery of real property in an ejectment case?

Why is a defeated tenant's refusal to vacate a condominium unit not punishable as indirect contempt of court?

What remedy should a defeated tenant's lawyer take against a trial court order improperly holding the tenant in indirect contempt for refusing to leave?

Learn more about these topics

1. Privity of Contract
Under Article 1311 of the Civil Code, contracts take effect only between the parties, their assigns, and heirs. A buyer who purchases a vehicle from a seller has direct privity of contract with that seller. If the property delivered is damaged or defective, the buyer's cause of action against the seller is for breach of contract. A third-party service provider retained independently by the seller lacks contractual privity with the buyer, precluding a direct action for breach of contract against such third party.

2. Quasi-Delict Liability
Under Article 2176 of the Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done if there is no pre-existing contractual relation between the parties. Where a third-party detailing shop negligently damages a buyer's vehicle upholstery while performing work contracted by the seller, the buyer may sue the detailing shop directly under quasi-delict. The absence of contractual privity does not bar a tort claim based on independent negligent acts.

3. Execution of Ejectment
Under Rule 39 of the Rules of Court, a writ of execution in an ejectment case directing the delivery of real property requires the sheriff to physically oust the defeated defendant and place the winning party in possession. A tenant's mere refusal to vacate does not constitute indirect contempt of court under Rule 71. Because the sheriff has the legal duty and authority to physically remove the occupant, citing the tenant for indirect contempt for refusing to leave is improper and legally erroneous.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026