Assignment No.
1 Aug 17, 2024
1. What is obligation? Explain the elements of the obligation.
There is a statutory definition of obligation found in article 1156 of the civil code of the
Philippines; An obligation is a juridical necessity to give, to do, or not to do. An obligation is
a "legal bond whereby constraint is laid upon a person or group of persons to act or forbear
on behalf of another person or group of persons."
Rights and obligations are different. "A right is a claim or title to an interest in anything
whatsoever that is enforceable by law. An obligation "is a juridical necessity to give to do or
not to do.
For every right enjoyed by any person, there is a corresponding obligation on the part of
another to respect such right."
Juridical necessity
- In case of noncompliance, courts of justice may be called upon for its fulfilment.
- Pag di mo ginawa ung obligation mo pwede kang kasuhan sa korte. Kailangan sya
Essential Requisites of an obligation
1. A Passive Subject
- Debtor: kasi sya ung kakasuhan if she / he fails her / his obligation
- Also called debtor or obligor
- Person bound to the fulfillment of the obligation
- Person who has the duty to give, to do, or not to do.
- The person from whom the performance of the obligation is demandable,
known as the debtor or obligor.
2. An Active Subject
- he person who has the right to demand performance of the obligation, known
as the creditor or obligee.
- Creditor: kailangan nya magsampa ng kaso sa mtc, rtc or sa korte
- Also called creditor or obligee
- Person entitled to demand fulfillment
- Person who has a right to demand
3. Object or prestation
- Obligation mo
- To pay or give the payment = object
- To deliver food= object
- Subject matter of the obligation Conduct required to be observed by the debtor
(to give, to do, or not to do)
* In reciprocal obligations, the parties are reciprocally debtors and creditors of each other.
- The subject matter of the obligation which consists in giving, doing or not
doing something.
4. A juridical or legal tie Efficient cause
- Pag ikaw ung seller: legal tie is desire of money
- Also called efficient cause
- Bind or connects the parties to the obligation
* In reciprocal obligations, the parties are reciprocally debtors and creditors of each other.
- This is the vinculum or juridical tie that binds the parties to the obligation; it is the
reason why the obligation exists. The efficient cause of an obligation may be any of
the five sources of obligation.
2. Explain (a) natural obligation, (b) civil obligation and (c) moral obligation.
Civil obligations
- gives the creditor or obligee the right to enforce performance
- Pag umutang ka kailangan m bayaran
- Need mo mag pay ng taxes
- Need mo gawin kasi makakasuhan ka pag di mo ginawa
Natural obligations
- Based on equity and natural law.
- no right of action
- Po and opo, take care of girlfriend
According to Sanction:
a. Civil Obligation – defined by Atr. 1156, and sanction is juridical process.
b. Natural Obligation – based on natural law and the motivation in fulfilling the obligation is
good conscience.
c. Moral Obligation – similar with natural obligations which are based on good conscience
and moral values.
3. What are the sources of obligation?
Sources of obligations (Art. 1157) [LCQAQ]
1. Law
* Where the obligation is imposed by law itself.
Examples - obligation to pay taxes; obligation to support one's family
2. Contracts
From agreement and stipulation of the parties
Examples - obligation to repay a loan; obligation to deliver a purchased item
3. Quasi-contracts
Similar to a contract, but agreement between parties is not present
Resulting from unilateral acts which are lawful and voluntary
To prevent unjust enrichment
Examples - obligation to reimburse neighbor who put out fire in your house while
you are away; obligation to return money paid by mistake
4. Acts or omissions punished by law (delicts or crimes)
• Those arising from civil liabilities which are consequences of criminal offenses
Examples - obligation of thief to return object stolen by him; obligation of accused to
indemnify victim in physical injuries
5. Quasi-delicts or torts
Those arising from damages caused to another, there being fault or negligence
No contractual relation between the parties
Examples - obligation of building owner to pay damages suffered by pedestrian from
falling pots or things placed on window ledges.
- Law: THE LAW PROVIDES FOR OBLIGATION ITSELF
- Contracts: one of the sources of obligation, if two or more person enter in the
contract then you are obliged to perform the obligations provided that those obligation
are lawful.
- Quasi-contracts: quasi means parang contract, it is missing some consen. If nasusunog
ung bahay ng kapitbahay mo but walang tao sa bahay nila. Gumastos ka ng 50k para
masagip ung bahay ng kapitbahay mo. tas nung bumalik kapitbahay mo, then
nagastusan ka ng 50k. Pwede mo sila singilin because the essence of this is prevention
of unjust enrichment.
- Acts or omissions punishable by law (crimes): intentional and oblige ka ibalik ung
ninakaw
- Quasi-delicts (torts): pag naglagay ka ng paso sa bintana then nahulog then natamaan
ung tao sa bababa. Need mo un panagutan kahit unintentional kasi meron kang
negligence
4. What are the kinds of quasi contract?
Kinds of quasi-contracts
- Negotiorum gestio
1. Negotiorum gestio
- Voluntary management of the property or affairs of another
- Without knowledge or consent of the latter
- Examples - Neighbor put out the fires of your home while you were away, and your
neighbor incurs expenses
- Solutio indebiti
2. Solutio indebiti
- Payment by mistake
- No right to receive the thing delivered
- Thing was delivered through mistake
5. What are the civil liabilities arising from crime?
6. What are the kinds of negligence (culpa)
Kinds of negligence
1. Contractual negligence (culpa contractual)
- Negligence in fulfillment of pre-existing obligation;
- Negligence in contracts resulting in their breach;
- Not a source of obligation.
- Law makes debtor liable for damages because of his negligence in the fulfillment of
the obligation;
- Remedy is payment of damages.
Ex. If S entered into a contract of sale with B to deliver a specific horse on a certain day and
the horse died through the negligence of S.
- Liability of a common carrier to injured passengers when vehicle driver is negligent
2. Civil negligence (culpa aquiliana)
- No pre-existing contractual relation between the parties;
- Negligence in contracts resulting in their breach;
- The negligence itself is a source of obligation;
- Also called quasi-delicts or torts
- Remedy is payment of damages.
Ex. In the textbook, assuming the horse is owned and possessed by B, negligence of S which
results in injury of the horse will make him liable for culpa aquiliana.)
- Liability of a bus driver to other cars and pedestrians he or she hit on the road, if he
or she was driving negligently
3. Criminal negligence (culpa criminal)
- Negligence resulting in commission of a crime (reckless imprudence);
- Aggrieved party may choose between criminal action or civil action (What will you
pick?)
- Cannot recover twice
Ex. Reckless imprudence resulting to damage to property/slight physical injuries / less
serious physical injuries/ serious physical injuries / homicide
7. How can you distinguish generic from specific thing. Give example.
Meaning of SPECIFIC or DETERMINATE thing.
- A thing is said to be specific or determinate particularly designated or physically
segregated others of the same class.
- A determinate thing is determined by its individuality. The debtor cannot substitute
it with another although the substitute is of the same kind and quality without the
consent of the creditor.
Examples:
1. the car sold by X last August 5, 2020
2. my cat named “Kylie”
3. building located at No. 233, Lacson Street, Bacolod City
Meaning of GENERIC or INDETERMINATE thing.
- A generic or indeterminate thing is not particularly designated or physically
segregated from all others of the same class. It means that a thing cannot be
specifically determined from things of the same class. The thing can be replaced by
another thing that is of the same quality.
- A generic thing is identified only by its specie. The debtor can give anything of the
same class as long as it is of the same kind.
○ Refers only to a class or genus
○ Cannot be pointed out with particularity
Examples:
1. a car
2. a horse
3. A Rolex watch
2017 Toyota atltis; (madaming 2017 toyota atlis, specific sya if may plate number)
545.000; iphone 12 Pro; a golden
Hindi excuse ung naholdup ka or whatever, liable ka pa
Genus never perishes
8. What are the kinds of fruit? Give example for each.
Different kinds of fruits
Natural fruits - without intervention of human labor (young of animals)
- Grass trees, plants grow naturally from the soil
Industrial fruits- produced by cultivation or labor (rice)
Civil fruits - those derived by virtue of a juridical relation (rents of buildings)
9. Differentiate rela right and personal right.
Personal right vs. Real right
Personal right
- Right of the creditor (active subject) to demand from the debtor (passive subject) the
fulfillment of the latter's obligation to give, to do, or not to do.
- Definite active subject and definite passive subject
- Binding or enforceable only against a particular person
May utang sayo : u only have a personal right towards that person
Real right
Right or interest of a person over a specific thing (ownership, possession, mortgage
○ Without a definite passive subject (debtor)
○ Directed against the whole world
10. What are the remedies of a creditor against the debor in an obligation to deliver
a specific thing?
1) In a specific real obligation (obligation to deliver a determinate thing)
- Demand specific performance, with right to damages; OR
- Demand rescission or cancellation (in certain cases), with right
to damages; OR Demand payment of damages only, when it is the only
feasible remedy.
LECTURE
Subjects of law
Divine law
- law of religion and faith
Natural law
- divine inspiration in man of the sense of justice, fairness, and righteousness
- not by divine revelation or formal promulgation
- regarded as the reasonable basis of state law.
What you think is right and wrong: hindi need ng batas para malaman mo ung tama
Moral law
- totality of the norms of good and right conduct growing out of the collective sense of
right and wrong of every community
- influences or shapes state law to a great extent
Physical law
- laws of physical science or physical law. e.g. law of gravity, law of inertia.
State law
- law that is promulgated and enforced by the state.
- also called positive law
- a rule of conduct ~ obligatory
- promulgated by legitimate authority
CURRENT CONSTITUTION
- 1987 PHIL CONSTI
Constitution
- fundamental law or highest law of the land
- promulgated by the people themselves
- laws or acts contrary to the Constitution are void and without effect
Legislation
- Republic Acts or Statutes enacted by the Congress of the
- Includes local ordinances enacted by LGUs
Administrative or executive orders, regulations, and rulings
- intended to clarify or explain the law and implement the same
- without force and effect if contrary to the Constitution and other laws
Essential Requisites of an obligation
5. A Passive Subject
- Debtor: kasi sya ung kakasuhan if she / he fails her / his obligation
- Also called debtor or obligor
- Person bound to the fulfillment of the obligation
- Person who has the duty to give, to do, or not to do.
6. An Active Subject
- Creditor: kailangan nya magsampa ng kaso sa mtc, rtc or sa korte
- Also called creditor or obligee
- Person entitled to demand fulfillment
- Person who has a right to demand
-
7. Object or prestation
- Obligation mo
- To pay or give the payment = object
- To deliver food= object
- Subject matter of the obligation Conduct required to be observed by the debtor
(to give, to do, or not to do)
* In reciprocal obligations, the parties are reciprocally debtors and creditors of each other.
8. A juridical or legal tie
- Pag ikaw ung seller: legal tie is desire of money
- Also called efficient cause
- Bind or connects the parties to the obligation * In reciprocal obligations, the
parties are reciprocally
- debtors and creditors of each other.
Forms of obligations
○ Manner in which obligation is manifested
○ May be oral or in writing
- Kahit walang kasulatan may obligation pa rin
- Like taxes
Kinds of obligation
1. Real obligation - obligation to give
2. Personal obligation - obligation to do or not to do
a) Positive personal obligation - obligation to do or render
service
b) Negative personal obligation - obligation not to do
ASSIGNMENT 2
1. What are the duties of the debtor in an obligation to give a specific thing
Meaning of SPECIFIC or DETERMINATE thing.
A thing is said to be specific or determinate particularly designated or physically
segregated others of the same class.
A determinate thing is determined by its individuality. The debtor cannot substitute it with
another although the substitute is of the same kind and quality without the consent of the
creditor.
Examples:
1. the car sold by X last August 5, 2020
2. my cat named “Kylie”
3. building located at No. 233, Lacson Street, Bacolod City
Duties of debtor in obligation to give a SPECIFIC (DETERMINATE) THING.
1. PRESERVE THE THING. - In obligation to give (real obligations), the obligor has
the incidental duty to take care of the thing due with the diligence of a good father of
a family pending delivery.
2. DELIVER THE FRUITS OF THE THING. (See discussion under Article 1164)
3. DELIVER THE ACCESSIONS AND ACCESSORIES. (See discussion under Article
1166)
4. DELIVER THE THING ITSELF.
5. ANSWER FOR DAMAGES IN CASE OF NON-FULFILLMENT OR BREACH.
(See discussion under Article 1170)
NOTES:
Important to know because:
* You know what happens to the obligation in case of loss of the thing
• You know what happens to the obligation in case of fortuitous events
2. What are the duties of the debtor in an obligation to give a generic thing
Meaning of GENERIC or INDETERMINATE thing.
A generic or indeterminate thing is not particularly designated or physically segregated
from all others of the same class. It means that a thing cannot be specifically determined from
things of the same class. The thing can be replaced by another thing that is of the same
quality.
A generic thing is identified only by its specie. The debtor can give anything of the same
class as long as it is of the same kind.
○ Refers only to a class or genus
○ Cannot be pointed out with particularity
Examples:
1. a car
2. a horse
3. A Rolex watch
2017 Toyota atltis; (madaming 2017 toyota atlis, specific sya if may plate number)
545.000; iphone 12 Pro; a golden
Hindi excuse ung naholdup ka or whatever, liable ka pa
Genus never perishes
Duties of debtor in obligation to give a GENERIC (INDETERMINATE) THING.
1. To deliver a thing which is of the quality intended by the parties taking into consideration
the purpose of the obligation and other circumstances. (Article 1246)
2. To be liable for damages in case of fraud, negligence, or delay, in the performance of his
obligation, or contravention of the tenor thereof.
3. Remedies of a credtor in an obligation to do a peostive personal oblgation.
positive To do negative not to do
Remedies of creditor in positive personal obligation
1. The debtor fails to perform an obligation to do;
a. To have the obligation performed by himself, or by another, unless personal considerations
are involved, at the expense of the debtor; and
b. To recover damages.
- May kontraktor ka tas hindi sumunod sa usapan, pwede mo kasuhan for damages and
also pwede sya kumuha ng iba pero sya magbabayad
2. In case the obligation is done in contravention of the terms of the same or is poorly done, it
may be ordered (by the court upon proper filing of Complaint) that it be undone if it is still
possible to do what was done.
Art. 1168. When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense. (1099a)
n an obligation not to do, the duty of the obligor (debtor) is to abstain from an act. Here, there
is no specific performance. The very obligation is fulfilled in not doing what is forbidden.
Hence, in this kind of obligation, the debtor cannot be guilty of delay.
As a rules, the remedy of the obligee is the undoing of the forbidden thing plus damages.
However, if it is not possible to undo what was done, either physically or legally, or because
of the rights acquired by third persons who acted in good faith, or for some other reason, his
remedy is an action for damages caused by the debtor’s violation of his obligation.
Example:
B bought a land from S. It was stipulated that S would not construct a fence on a certain
portion of his land adjoining that sold to B.
Should S construct a fence in violation of the agreement, B can bring an action to have the
fence removed at the expense of S.
4. Distinguish ordinary delay and legal delay(default).
1. Ordinary delay is merely the failure to perform an obligation on time.
- Sabi mo babyaran mo kaklase mo 10days from now then gumawa ka pa ng contract
na babayad ka 1k on or before january 11. But january 11 na hindi ka pa nagbabayad
is it a delay? no . no demand no delay
- Demand letter dapat
2. Legal delay or default or mora is the failure to perform an obligation on time which failure
constitutes a breach of the obligation.
5. What are the kinds of default/delay?
Kinds of Delay or Default
1. Mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to
do); 2. Mora accipiendi or the delay on the part of the creditor to accept the performance of
the
obligation; and
3. Compensatio morae or the delay of the obligors in reciprocal obligations (like in sale), teh
delay of the obligor cancels the delay of the obligee, and vice versa. The net result is that
there is no actionable default on the part of both parties.
Requisites of delay or default by the debtor (mora solvendi)
1. Failure of the debtor to perform his (positive) obligation on the date agreed upon;
2. Demand (not mere reminder or notice) made by the creditor upon the debtor to
comply with his obligation which demand may be either judicial (when a complaint is
filed in court) or extrajudicial (when made outside of court, orally or in writing); and
3. Failure of the debtor to comply with such demand.
6. What are the exception to the rule that “no demand, no delay”?
As a general rule, delay by the debtor begins only from the moment a demand, judicial or
extra-judicial, for the fulfillment of the former’s obligation is made by the creditor. Without
such amount, the effect of default will not arise. The following are the exceptions:
1. When the obligation so provides - Example:
D promised to pay C the sum of P20,000.00 on or before November 30, 2020, without the
need of any demand. Therefore, if D fails to pay on November 30, 2020, he is automatically
in default.
2. When the law so provides -
Example:
Under the law, taxes should be paid to the government on or before a specific date; otherwise
penalties and surcharges are imposed without the need of demand for payment
3. When time is of the essence -
Example:
The making of a wedding dress and the obligation to deliver it on a specific time to be used
by the bride on her wedding. Failure to comply with the obligation on a specific date will no
longer benefit the creditor. In this example, time element is important as performance itself.
4. When demand would be useless -
Example:
S obliged himself to deliver specific horse to B on September 5, 2019. Through S’ negligence
or deliberate act, the horse died on September 02, 2019.
Under this situation, any demand for the delivery of the horse on September 2 would be
useless as S has made it impossible for him to perform his obligation,
Demand is also unnecessary where it is apparent that it would be unavailing, as where there
has been a prior absolute refusal by S.
5. When there is performance by a party in reciprocal obligations -
In case of reciprocal obligations, the performance of one is conditioned upon the
simultaneous fulfillment on the part of the other. So neither party incurs in delay if the other
does not comply or is not ready to comply in a proper manner with what is incumbent upon
him. This is compensatio morae.
From the moment, however, a party fulfills or is ready to fulfill his obligation, delay by the
other begins.
Example:
S agreed to sell to B his television set for P10,000.00. The obligation of S is to deliver the
television set while that of B, to pay P10,000.00.
Since no date is set for performance of their respective obligations, it is understood that it
must be simultaneous. S cannot demand payment if he himself cannot deliver the television
set. From the moment S delivers the television set, B is in default if he does not pay S without
the need of any demand.
7. What are the grounds for liability for damages under Ar 1170.
Art. 1170. Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are
liable for damages. (1101)
Grounds for liability
1. Fraud (deceit or dolo)
As a ground for damages, it implies some kind of malice or dishonesty and it cannot cover
cases of mistake and errors of judgment made in good faith. It is synonymous to bad faith in
that, it involves a design to mislead or deceive another.
Example:
S obliged himself to deliver to B 20 bottles of wine, of a particular brand. Subsequently, S
delivered 20 bottles knowing that they contain cheaper wine. S is guilty of fraud and is liable
for damages to B.
2. Negligence (fault or culpa)
It is any voluntary act or omission, there being no bad faith or malice, which prevents the
normal fulfillment of an obligation.
Example:
P is a passenger in a taxi. Here, there is considered a contract of carriage between P and the
owner of the taxi company. In consideration of the fare to be paid by P, the owner of the taxi
company, through the driver, agrees to safely bring P to his destination.
If, through the recklessness of the driver, as a result of which P is injured, there is negligence
which would make the owner liable for damages. If the taxi contained defective parts, the
failure to repair the same constitutes also negligence on the part of the owner.
Fraud Negligence
1 Deliberate intention to cause damage or There is no such intention
injury
2 Waiver of the liability for future fraud is Waiver may be allowed
VOID
3 Fraud must be clearly proved Negligence is presumed from the
violatio
4 Liability for fraud cannot be mitigated Liability may be reduced according to
th
3. Delay (see discussion under Article 1169)
4. Contravention of the terms of the obligation
This is the violation of the terms and conditions stipulated in the obligation. The
contravention must not be due to a fortuitous event or force majeure.
Example:
E leased the apartment of R for P10,000 a month to be paid in advance during the first week
of every month. The obligation of E, as lessee, is to pay the stipulated rent. The obligation of
R, as lessor, is to maintain E in the peaceful possession of the apartment leased.
If E violates his obligation, R is entitled to eject him from the premise and recover damages.
If R does not maintain E in the peaceful possession of the apartment (as when R is not the
owner), and E is ejected, R may be held liable for damages for violation of the terms of his
obligation.
The measure of damages to be awarded to E or to R, as the case may be, is left to the sound
discretion of the court in accordance with the provisions of the Civil Code on Damages.
8. What is fortuitous event?> Give its requisites.
Meaning of fortuitous events
A fortuitous event is any event which cannot be foreseen, or which though foreseen, is
inevitable. Stated otherwise, it is an event. Which is either impossible to foresee or
impossible to avoid.
The essence of a fortuitous event consists of being a happening independent of the will of the
debtor
Requisites of a fortuitous event
1. the event must be independent of the human will;
2. The event could not be foreseen, or if foreseen, is inevitable;
3. the occurrence must render it impossible for the debtor to fulfill the obligation in a
normal manner; and
4. the obligor must be free of participation in, or aggravation of, the injury to the credito
nd which happening, makes the normal fulfillment of the obligation impossible
9. What are the exceptions to the rule hat no one shall be held responsible in case there
i fortuitous event?
Rules as to liability in case of fortuitous event
A person is not, as a rule, responsible for loss or damages caused to another resulting from
the non-performance of his obligation due to a fortuitous events. In other words, his
obligation is extinguished. The exceptions are as follows:
1. When expressly specified by law
2. When declared by stipulation
3. When the nature of the obligation requires assumption of risk
Personal right vs. Real right
Personal right
- Right of the creditor (active subject) to demand from the debtor (passive subject) the
fulfillment of the latter's obligation to give, to do, or not to do.
- Definite active subject and definite passive subject
- Binding or enforceable only against a particular person
May utang sayo : u only have a personal right towards that person
Real right
Right or interest of a person over a specific thing (ownership, possession, mortgage
○ Without a definite passive subject (debtor)
○ Directed against the whole world
