1. Q: FBDC entered into a Trade Contract with MS Maxco Company, Inc. (MS Maxco) for the execution of the structural and partial architectural works of one of its condominium projects. The Trade Contract likewise provided that MS Maxco is prohibited from assigning or transferrings any of its rights, obligations, or liabilities under the said Contract without the written consent of FBDC. FBDC received a letter from the counsel of Fong informing it that MS Maxco had already assigned its receivables from FBDC to him. Despite Fong's repeated requests, FBDC refused to deliver to Fong the amount assigned by MS Maxco. Is FBDC bound by the assignment between MS Maxco and Fong?

2. Q: Petitioner was charged with estafa. Respondent averred that on February 20, 1996, she entrusted merchandise worth P35,300.00 to petitioner as evidenced by an acknowledgment receipt However, petitioner was only able to remit the amount of P3,300.00 and thereafter, failed to make further remittances and ignored respondent's demands to remit the proceeds or return the goods. As a defense, petitioner admitted having previous business dealings with respondent not as an agent but as a client who used to buy purchase order cards (POCs) and gift checks (GCs) from respondent on installment basis. The RTC acquitted petitioner of the charge of estafa but held her civilly liable to pay respondent the amount of P32,000.00, with interest from the filing of the Information on March 11, 1999 until fully paid, and to pay the costs. The RTC adjudged petitioner civilly liable "having admitted that she received the [GCs] in the amount of P32,000.00.' In this relation, it further considered the relationship of respondent and petitioner as in the nature of a principal-agent which renders the agent civilly liable only for damages which the principal may suffer due to the non-performance of his duty under the agency. CA upheld petitioner's civil liability. Should the petitioner be held civilly liable? If yes, what is the rate of interest?

3. Q: American Express Card (AMEX) failed to approve Pantaleon's credit card purchases which urged the latter to commence a complaint for moral and exemplary damages against AMEX. He said that he and his family experienced inconvenience and humiliation due to the delays in credit authorization during his vacation trip in Amsterdam and in the United States. Did AMEX commit a breach of its obligations to Pantaleon?

4. Q: "A" borrowed P2,000 from "B" on December 1, 1956. He executed a promissory note promising to pay the indebtedness on December 1, 1958. Upon the arrival of the designated date for payment, is demand necessary in order that "A" shall incur in delay?

5. Q: Wenifredo Salvaiia was driving the bus owned by Bachelor Express, Inc./Ceres Liner, Inc. along the national highway when he overtook a PUJ jeepney while negotiating a blind curve in a descending road causing him to intrude into the opposite lane and bump the 10-wheeler Hino dump truck of petitioner Cresencio Ballo running uphill from the opposite direction. The collision resulted in damage to both vehicles, the subsequent death of the truck driver, Amancio Asumbrado, and serious physical injuries to bus driver Salvaiia. A complaint for quasi-delict was filed against Salvalia for negligently driving the bus causing it to collide with the dump truck. Respondents denied liability, claiming that prior to the collision the bus was running out of control because of a problem in the steering wheel system which could not have been avoided despite their maintenance efforts. Instead, they claimed that Asumbrado had the last clear chance to avoid the collision had he not driven the dump truck at a very fast speed. Was Salvaila grossly negligent?