A - General Provisions (1156-1162) Flashcards
January 15, 17, 24 - General Provisions (1156-1162)
1
Q
what are the type of prescription?
A
extinctive & acquisitive prescription
1
Q
Delta borrowed 100k from Charlie payable 15 years ago as evidence by the promissory note. –may delta recover what she paid to charlie? If so, on what ground may delta recover waht hse paid?
A
Delta has no more legal obligation and civil obligation because charlie lost the right to compel performance
2
Q
what is required to collect interest.
when you borrow money from a creditor and an imposed annual interest. that is called? [a]
if failed to and suffered loses, it is called [b]
A
moratory/monetary interest
compensatory interest
3
Q
for montery interest to be demandable, what is the rule
A
it has to be in writing
it is not enough for there to be agreement, it can never be demandable unless it is not stipulated in writing.
4
Q
so are commonpeoplpe suppose to know the law?
A
“ignorance of the law excuses no one from compliance therewith.” Art 3 Civil Code
5
Q
1424-1430 is not an exclusive list
A
6
Q
“to do to not to do”
A
personal obligation
7
Q
involves the delivery of an object (car, book, money) is called
A
real obligation
8
Q
significance of determining real and personal obligations?
A
the remedies are different
9
Q
if money
A
debtor creditor
10
Q
if generic
A
obligee, obligor
11
Q
loan
A
borrow, lender
12
Q
art 1170
‘in any manner contravene the tenor thereof’ - no delivery is made
delayed delivery is fine.
A
13
Q
what is the specific performance?
A
compelling obligor to do that which is contemplated in the obligation
[ex]
if there is non delivery of lechon, you go to court, and court will supply to deliver
14
Q
contractor failed to build house for occupancy on jan 1 2024. there is failure to perform a personal obligation
can you go to court and ask court to make them finish?
A
no. specific performance is not the remedy.
substituted perforamnce - someone does it and the charge will be on the first contractor (if you haven’t paid)
15
Q
other situation (if you paid ahead 50millino) what is the remedy -
what was built was only 3 poles
A
remedy is to sue the 49.9 millino + damages to the first contractor
16
Q
situation: repair of alaptop - actual expenses, loss of income
substituted performance
A
17
Q
if subsituted performance is no longer an option, there are personal obligation that only the obligor can perform
taylor swift didn’t perform in contract. substituted performance is not a remedy.
A
equivalent performance is in the form of damages and damages because of penalties
18
Q
obligations where time is essence, lechon and nothing for sinulog, yo ucan’t get the time back for subtituted performance so the remedy is
A
equivalent performance
19
Q
may the private complainant in an estafa case file a separate civil action to collect sum of money during the pendency of the estafa case?
this preludes to sources of obligations
A
20
Q
JAN 17
A
JAN 17
21
Q
A
22
Q
case on husband and wife bound by law to support one another
A
pelayo v. lauron
23
Q
case where an employee, when injured in work may either receive compensation from employer or sue the one who caused the injury
A
bautista v. borromeo
24
case where plaintiff, father of defendant sued his son claiming the vessels he bought under his son's name is his
martinez v martinez
25
what are the name of the vessels
balayan & ogonya (enye)
26
what if the son defendant was a minor? what would happen then?
according to article 161, if the son was a minor, then ownership should be of the father
article 161 "the ownership or enjoyment of property acquired by a minor with funds of his parents, pertain to the latter."
27
Services were rendered and accepted without any contract.
Facts: On various occasions, X rendered services to Y as interpreter of English. No written contract was entered into between the parties for the employment of X as interpreter. There was no evidence as to whether X’s services were solicited, by Y or whether they were offered to Y, but there was no question X rendered and Y accepted the benefits of the services.
Issue: Is Y under obligation to pay X just compensation for the services?
Held: Yes. It was with the express or tacit consent of Y that X rendered him services as interpreter. As it did not appear that X rendered the same gratuitously, Y has the duty to pay X just compensation therefor by virtue of the innominate contract of facio ut des implicitly established.
The obligations arising from the contract are reciprocal and apart from the general provisions with respect to contracts and obligations, the special provisions concerning contracts for lease of services (Arts. 1689-1731.) are applicable by analogy.
(Perez vs. Pomar)
28
can a prostitute cite perez v pomar when she gave her service by tacit or implied consent to a customer considering there was a mutual benefit?
no, such service is contrary to law or good custom.
29
article where parties may stipulate anything provided that it is not contrary to the law and assigned case
LB
article 1306
Maritime Company v Reparations Commissions
30
article and case stating that monterary intrest is ONLY allowed IF stipulated in writing. no agreement on interest = no interest.
article 1956
31
article, latin, and a case where when something that is not legally obliged to give, is given, the receiver has an obligation to return it
article 2154 "if something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises."
siga-an v. villanueva
*solutio indebiti*
32
article pertaining to crime resulting in physical injruies, moral damages may be recovered independently of the criminal action
arti 33
33
article where it states that "except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of ris, no person shall be responsible for those events which could not be doreseen, or which though foreseen, were inevitable
article 1174
34
article stating
whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provision of this Chapter
2176 article
35
Where the car was driven by an unlicensed chauffeur, the breach of the contract of carriage cannot be said to be due to a fortuitous event.
Facts: X, engaged in the business of carrying passengers for hire, undertook to convey B and C from one point to another in an automobile. The automobile was operated by a licensed chauffeur who later allowed his assistant who had no license but had some experience in driving, to drive the car. Defects developed in the steering gear and after zigzagging for a distance, the car left the road and went down a deep embankment. B and C suffered physical injuries.
Issue: Is X liable in damages?
Held: Yes. X’s liability is contractual. By entering into the contract of carriage, X bound himself to carry B and C safely and securely to their destination and having failed to do, he is liable in damages unless he shows that the failure to fulfi ll his obligation was due to causes mentioned in Article 1605. (now Art. 1174.) Upon the facts stated, the breach of the contract was not due to fortuitous events. (Lasam vs. Smith, 45 Phil. 657 [1923].)
36
is the acquittal of criminal liability the acuital of civil liability?
no. in the case of elcano v hill
37
LB of parents being liable for the quasi-delict acts of their children. case
art 2180
elcano v. hill
38
Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book
article 1158
39
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a)
article 1159
40
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1254a)
1305
41
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another
article 2142
42
LECTURE / RECIT TIME
43
can you be bound to fulfill a promise that has not been put in writing?
yes (perez v pomar)
44
is it true to all transaction?
45
what do you call the contract in the case of perez and pomar?
innominate contracts (1307)
46
i give that you may do - latin
do ut facias
47
i do that you may give
48
if you were the counsel for pomar, what would be the best evidence to deny the claim of perez?
if i render service, when would compensation be done?
that the rendition of service is
49
give example of rendition of service without compensation
rendition thru generosity
50
article 2207 provides
when you insure your property, the insurance
51
what is the claim of x? (meaning what is obligation)
52
conventional subrograion
allow party to be placed in your shoes by agreement
53
but 2207 is a subrogration is not based on agreement but on the law
54
who is the insurer in the case of bautista v borromeo
the employer borromeo is the iinsurer
55
there is one important principle
1. there is no agreement/consent becausei t was mandated and imposed upon us by the law
56
if you were the lawyer of the father francisco martinez v pedro martinez, what would be a good defense (a)
what is the law that
PRINCPIcourt said rights/obligations that is based on law
57
PRINCIPLE OF MARTINEZ
rights/obligations is NEVER PRESUMED. what then does it imply?
58
if you claim obligation basis is law, you then have a burden to prove it
like syaing you have right under the law then you must also prove that
59
how to claim a right in law
1. locate the provision of the law as basis of the allege right or obligaiion
2. the vested or creation of obligation msut be categorical must be shown - you can't assume in unclear phrases that a riht
60
in which portion of the the civil code determines who owns what?
609 (old)
712 (new civil code)
enuumerates the modes of acquiring property. - so if youre the lawyer of francisco then you must anchor in the law the MODES OF ACQUIRING ownership (donation, succession) among others
but francisco's claim is the mere fact that he paid isn't recognized by law
61
lawyer of francisco should have bene
breach of trust (
62
why is quasi-contract an almost a contract
consequences are similar if there had been a contract that's why we can say that the other party is obliged.
63
what are the types of quasi-contract
negotiorum gestio (unauthorized management)
solutio indebiti (payment by mistake)
64
negotiorum gestio example of you saving your neighbors cow from the storm
1. the fact cow was saved
2. damage of the cow for eating your veggies
65
negotiorum gestio and solutio indebiti is based on
EQUITY: unjust enrichment principle
no one shall unjustly enrich himself at the expense of the other.
66
what is the basis of the demand in the case of siga-an v villanueva
67
how would you distinguish last monday's talking about natural obligation where there is voluntary fulfilment, there is no right to recover what was paid
68
how should solutio indebiti apply?
- solutio indebiti (remember it is a quasi-contract) so there MUST BE NO CONTRACT to begin with.
69
grace baptist national asignatory case insofar as the equity
**effect of perfection of the contract**
Until the contract is perfected, it cannot, as an independent source
of obligation, serve as a binding juridical relation.
- they have introduced improvements
- it was with the knowledge of the NHA
- occupied for a long time
70
grace baptist church's
- they have introduced improvements
- it was with the knowledge of the NHA
- occupied for a long time
what did the court say?
court denied
equity is applied when there is no law/provision
71
when is equity (quasi-contract) ((no contract to begin with))
applied?
absence of law
if there is provisions in law, then equity doesn't apply
72
when is there 'meeting of minds' or elemebts of contract
agree on the
- consent
- object
- consideration
73
if you commit a crime, there accompanies civil liability. where can you find that?
article 100 - every person who is criminally liable is civilly liable
aka civil liability ex delito
74
civil liability obligations arising from crime
civil liability ex delito
75
what consists of civil liabiity ex delito?
101
restitution - return
reparation - pay for repair
indemnification - moral damages
76
examples of crimes that do not have private offended parties
illegal gambling, gun ban,
77
difference between delict and quasi-delict
the actor had the freedom to do it. which holds true (freedom) in culpa and dolo
ex. freedom to drive drunk. neglignet part is punished here. he could have avoided the INCIdent (not accident)
78
civil code punishes the same act lack of freedom/voluntariness, it becomes quasi-delict only
79
other term for 'quasi-delict-
*culpa aquiliana* or
extra-contractual culpa
80
can there be several causes of action in civil cases done in one act?
several rights and obligations violated
collision case of 2 passenger vehicles. result of negligent jeepney driver A, some of passengers died
81
*A document transfers to a person certain funds in the possession of another but there is no actual delivery of said funds.*
Facts: For the security of the Government, X Company (and another company) became a surety on the offi cial bond of W, an employee of the Government for the sum of $15,000.00. W defaulted in the amount of $8,900.00 and X Company paid the Government the sum of $14,462.00. When W was apprehended, he had on his person $750.00 which amount was turned over to B, the Insular Treasurer. Later, W signed a document transferring to T all his rights to said $785.00 for professional services rendered by the latter as attorney’s fee. B was duly notifi ed of the transfer. X fi led an action against W to recover the sum of $785.00 in partial payment of the amount paid by X to the Government. T filed a complaint in intervention and claimed the money as his.
Issue: On the basis of these facts, will the complaint of T prosper?
Held: No.
(1) Ownership was not acquired by T. — The delivery of a thing constitutes a necessary and indispensable requisite for the purpose of acquiring the ownership of the same by virtue of a contract. The transfer by itself, and afterwards the notifi cation to B, did not produce the effect of delivery to T of the funds so transferred. (see Arts. 1497, 1498, 1501.) To have this effect, it would have been necessary that the delivery of the funds had been made directly to T. Therefore, by reason of the nondelivery, T did not acquire the ownership of the property transferred to him by W.
(2) Mere personal right was acquired by T. — It is only the jus ad rem, and not the jus in re, that was acquired by T by virtue of the transfer made by the consent of the transferor and the transferee but not consummated by the delivery which never came to pass and which delivery was the object of such transfer. (Fidelity & Deposit Co. vs.
82
X delivered a play station to Y for repair, Y did not finish the job. Finally, despite repeated reminders of X for Y to finish the job, Y returned the play station with his job undone and where some parts were missing. Z then repaired the play station. Z charged X the amount of P500.00 for the repair and the amount of P300.00 for the missing parts. The lower court ruled that Y should pay only P300.00.
Question — Is Y liable also for the cost of the repair or the amount of P300.00?
Yes. Since Y failed to repair the play station, with some missing parts, Y contravened the tenor of his obligation. Y is liable for such contravention under Art. 1167 of the Civil Code, considering that the obligation of Y was to repair the play station. He is likewise liable under Art. 1170 of the Code for the missing parts considering that Y failed to return the play station in the same condition as when it was received.
(Tanguilig vs. Court of Appeals, 266 SCRA 78 [1997].)
