Eventually he confronted Soga and Pepe who admitted that Siop opened the safety

Eventually he confronted soga and pepe who admitted

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and the jewelry he bought was likewise missing. Eventually, he confronted Soga and Pepe who admitted that Siop opened the safety deposit box with the key assigned to him. Eric went up to his room where Siop was staying and confronted Him. Siop admitted that He had stolen Eric’s key and was able to open the safety deposit box with the assistance of Soga, and Pepe. Pepe also told Eric that Siop stole the key assigned to Eric while the latter was asleep. Eric insisted that it must be the hotel who must assume responsibility for the loss he suffered. Pepe refused to accept responsibility relying on the conditions for renting the safety deposit box entitled “Undertaking for the Use of Safety Deposit Box” Art. 1190. When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. As for the obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. (1123) APPLICABILITY OF ARTICLE 1189 TO PARTY WITH OBLIGATION TO RETURN Example: If M is the debtor and K is the creditor, pending fulfillment of resolutory condition is the fulfillment of provision given by K of M. Upon the happening of the condition, M becomes creditor with a right to demand the obligation and K to fulfill the obligation. Happening of a resolutory condition has same effect on creditor as the happening of a suspensive condition has on the debtor - an obligation arises. Fulfillment of resolutory condition turns creditor into debtor and vice versa.
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Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. (1124) Art. 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. (n) WHERE BOTH PARTIES ARE GUILTY OF BREACH 1) F irst infractor known - one party violated his obligation therefore the other party also violated part of his obligation. Liability of first infractor must then be reduced 2) First infractor cannot be determined - One party committed violation towards his obligation followed by another, indeterminate first infractor. Contract shall then be
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