MANUEL F.
ENVERGA UNIVERSITY FOUNDATION
College of Business and Accountancy
First Semester SY 2014-2015
A Course Guide on
OBLIGATIONS AND CONTRACTS
by Atty. Jose Maria B. Duhaylongsod
MODULE ONE1
OBJECTIVE: This Module seeks to expose students to the legal
system of the Philippines and to provide them with topics which
require, on one hand, codal heavy analysis, and on the other,
those which are case heavy appreciation. At its conclusion,
students, having the necessary skills to appreciate the law, will be
introduced to one of the main topics of this course Obligations.
I.
II.
Introduction to Law
A.
The Philippine Legal System2
B.
Civil Code of the Philippines3
1.
Preliminary Title (Arts. 1-18)
a) Laws in general
b) Powers of Government: Executive,
Legislative, Judicial
c)
Conflict of Laws
2.
Human Relations (Arts. 19 -36)
a) Abuse of Rights and Unjust Enrichment
b)
Enforcement of Constitutional Rights
c)
Independent Civil Actions and Prejudicial
Questions in Criminal Proceedings
3.
Persons (Arts. 37-47, 50-51, skip Titles II to XII,
XIV-XV)
a)
Juridical Capacity v. Capacity to Act
b)
Natural v. Juridical Persons
Special Topics4
A.
Prescription (Arts. 1106 1155)5
1.
Definition and Application in general
2.
Acquisitive v. Extinctive
B.
Trusts (Arts. 1440-1457)6
1.
CASE: Oco v. Limbaring 481 SCRA 348
2.
Express v. Implied (resulting and constructive)
3.
Prescription of Trusts
Covers the period of 10 17 (19) June 2014
I Tolentino, Civil Code of the Philippines at 1-10
3
Sta. Maria, Persons and Family Relations at 1-97
4
Quasi-contracts, while should rightfully be placed under this subsection, shall
be discussed in comparison with Contracts in Module Three at a later date.
5
IV Tolentino at 1-55
6
please read: V Tolentino at 669-685; Dychiao, A Critical Review of the Trust in
the Philippines, 52 Ateneo Law Journal 46; see also the several SCRA
annotations.
2
C.
D.
Estoppel (Arts. 1431-1439)7
1.
Definition and Application in general
2.
In Pais v. by Deed
3.
Estoppel (Laches) v. Prescription
Natural Obligations (Arts. 1423-1430, Transition)8
1.
What are Natural Obligations?
2.
Natural Obligations v. Civil Obligations
-- End --
7
8
V Tolentino at 656-668
V Tolentino at 644-655