B1 - Nature and Effects of Obligation (1163-1178)

Question 1

JAN 24 LECTURE

Answer 1

JAN 24 LECTURE

Question 2

May the private complainant in an estafa case file a separate civil action to collect a sum of money during the pendency of the Estafa case?

Answer 2

collection for sum of money is a civil action that can be instituted independently while the estafa criminal action is pending

note
DMPI v, the Court held that separate civil actions can be reserved, waived, or instituted prior to criminal action but the court held section of rule 111 of Crim Pro, there are certain civil actions that don’t need to be reserved.

Question 3

What are the independent civil actions?

Answer 3

Article 32, 33, 34, 2176 of the Civil Code

Question 4

What makes the civil action ‘independent’?

Answer 4

Separate from criminal action.
- separate, as in, a whole new case and payment of docket fees
- separate, as in, not affected by the outcome of the case

Question 5

does Civil Liability Ex Delicto (CLED) need reservation?

Answer 5

No, it automatically happens or is deemed instituted

note
Independent Civil Action IS NOT Civil Liability Ex Delicto

Question 6

Instances where CLED is not deemed instituted or automatically happens?

Answer 6

When the offended party
- waives their right
- institutes it prior to criminal action
- reserves their right

Question 7

For the same act, it can breach and violate several laws, then each violation of a law is one cause of action. What are the other laws that may be breached or violated that constituted a crime

Answer 7

BP 22 ~ Estafa
- both involve issuance of a check
- issuance of worthless check is a violation of BP 22
- same issuance of check may or may not constitute Estafa (315, RPC)

note
BP 22 - special penal law
315 - penal law

Question 8

Scenario: Issuer of the check as payment for merchandise from a store,

[1]
check issued simultaneously with the delivery of the merchandise (i will deliver the thing, if i receive your check)

[2]
i will deliver, you can pay later and the check is issued 5 days after,

and in both situations, check bounced

what is the violation?

Answer 8

[1] violation of BP 22 & Estafa because there is deceit

[2] No deceit, no violation

Question 9

in the case of DMPI v. CA, Estafa is highlighted what is the common element in Estafa and it’s meaning

Answer 9

Deceit
- committed through misrepresentation or other acts constituting deceit.

Question 10

Why is it in a case of collection for sum of money a CLED does not reserve civil action?

note
criminal acts give rise to civil liability (100) but how come this criminal act is not deemed instituted or happen automatically?

Answer 10

There are 4 independent civil actions (32-34, 2176)

Estafa has the element of deceit which is a form of fraud found in Art 33

in Article 33 “In cases of defamation, fraud, and physical injuries a civil action for damages, ENTIRELY separate and distinct from the criminal action, may be brought by the injured party. such civil action shall proceed INDEPENDENTLY of the **criminal prosecution, and shall require only a preponderance of evidence.”

Question 11

Now what if, the case now is murder “may the private complainant in an MURDER CASE file a separate civil action to for claims for damages during the pendency of the murder case? IS IT INDEPENDENT OR NOT

Answer 11

Article 33 – defamation, fraud, and physical injuries.

IF THE CRIME HAS AN ELEMENT OF ANY OF THESE, THEN IT IS AN INDEPENDENT CIVIL ACTION

Question 12

Domestic helper borrowed 30k from her employer for 3 months and 10k each month, but the helper after receiving money tendered resignation because of a family emergency. Employer did not allow.

You are the lawyer of the yaya, what action/s can you file and whether they can be filed separately

Answer 12

Illegal Detention

Yes, they can be filed separately as stated in Article 32 paragraph 14 “The right to be free from involuntary servitude in any form”

Question 13

Knowledge Check:

can you invoke the bill of rights against private individuals?

why are TV interviews admissible even without presence of lawyers and counsel.

Answer 13

No, it is applied against the State or its agents

Because that is not a custodial investigation, iow, interview not conducted by any agent of the State

Question 14

What if you sue a judge for wrongfully violating your liberty, will it prosper?

Art 32 says ‘any public officer or eomployee’

Answer 14

No, Art. 32 further provides that the responsibilities outlined are not demandable to judges unless the acts or omissions constitute a violation to the Penal Code or other penal statute

Question 15

What is vicarious liability?

Answer 15

Art 2180 in relation to Art 2176 prescribes the obligation imposed for the acts or omissions of those persons for whom one is responsible for

Question 16

Taxi driver, judge awards on the ex delicto awards 200k, in quasi-delict 300k is awarded by judge.

Can the judge award 300k when the criminal case of reckless imprudence there’s an award for 200k

Answer 16

Yes, what is prohibited is double recovery. That’s why they don’t claim it immediately and wait for the other case to finish

Question 17

What is/are the effects of a judgment of acquittal in the civil aspect of a criminal case?

Question 18

effects of a judgment of acquittal in the civl aspect of a criminal case

CLED

Answer 18

Hun Hyung Park v. Eung Won Choi

RULE: it does not necessarily the extinction of its civil action.

Question 19

FINAL M1

Answer 19

FINAL M1

Question 20

knowledge check: what is the effect of demurrer of evidence

Answer 20

ground: insufficiency of evidence
ground criminal: “” “” beyond reasonable doubt

if demur to evidence is filed, w/ loC, there is reservation to present evidece in case the demurrer is denied.

adjudication of the merits - acquital if granted ang demur of evidence (you cannot appeal an acquital)

Question 21

in a crim case, a demur to evidence had been filed on the ground of insufficiency of evidence

u r the judge, u think there is bassi to grant the demur to evidence,

will you / will you not make a judgment when granting the demur to evidence

Answer 21

in case of hun hyung park. the case was remanded even the criminal action was acquitted

no notice of dishonor, so acquitted

ANSWER
according to hyun hung park & dayap, the judge handling the case and where demur to evidence is filed. is required to make a finding whether or not the act/omission did NOT exist.

‘wherefore the demur of evidence is granted and the accused is hereby acquitted

on this basis, the court shceudules a hearing for the reception of evidence insoffar as the civil aspect is concerned.
(preponderance of evidence)
[3]
between the parties to the case (applicable to civil cases) who are making claims, who among them was able to establish the claim better than the other. Involves weighing of evidence

Question 22

ACUITAL prohibits appeal, what then the state do if there is basis?

res judicata (civil)
double jeopardy (criminal)

Answer 22

under rule 65 it would be certiorari.
on the civil aspect, you can appeal

Question 23

there are four quanta of proof

Answer 23

1. proof of guilt beyond reasonable doubt
2. clear and convincing evidence
3. preponderance of evidence
4. substantial evidence

1
There arises moral certainty that the accused committed the crime

2]
it’s not common but there is 1 proceeding, extradition proceeding the state prosecuting the wanted criminal can request where the criminal is from be delivered. quantum of proof required is clear and convincing evidence.

ex - extra
tradition- deliver
extradition - ‘deliver outside’

3 ]
between the parties to the case (applicable to civil cases) who are making claims, who among them was able to establish the claim better than the other. Involves weighing of evidence.

4
evidence sufficient to establish a claim

Question 24

in case of death accused pending appeal

• judgment has been rendered

what will happen to the CLED

Answer 24

art 89 of RPC
- crim liability and CLED extinguished

file a separate civil action predication on other sources of obligation
- the same act, then it can prosper
- ex. based on contract on special proceedings. money claims based on contracts do not survive.

that is why money claims based on contract, heirs will file letter of administration if wlay last will. executor is used to execute the last will of the deceased

if no last will or improperly made - administrator

someone of the heir will file a petition a letter of administration.

Question 25

will the appeal prosper?

Question 26

CLED continues when:

Answer 26

• acquittal is based on reasonable doubt
• court declares that liability is only civil
• civil liability of the accused is not based upon the crime charged

[2]
ex. case of estafa, established in evidenced that the accused received money and it was owned by the private complainant but was not able to prove deciet but there is basis to return the money, civil action continues

[3]

Question 27

s1 r87 enumerates action that survivie

Answer 27

• actions to recover real or personal property or an interest therein
• enforce a lien there on, and
• actions to recover damages for an injury to person or property, real or personal

Question 28

Dayap case

Answer 28

• fiscal failed to identify the truck driver
• fiscal failed to present death certificate

the judge will not take judicial notice in newspapers or outlet because it is hearsay

the accused is acquitted. the court did not remanded or the accuse to present evidence because the act or omission did not exist

Question 29

the estate will be distributed and then what’s left is inheritance

Question 30

LECTURE M2

Answer 30

LECTURE M2

Question 31

darius a neigh of lcint obliges himself to

1. deliver to clint a space gray 13-inch macbook air 2020 model
2. deliver to clint his only honda civic type R
   3 sing in clint’s birthday on november 24, 2020
3. not to construct a fence on the left side of darius’ house beside clint’s higher than 3 meters
4. repair clint’s front gate

what then are specific obligations of darius to clint?

Answer 31

1-2
real obligations - involves something to give

1. details dont necessarily make thing specific
2. and a general description doesn’t necessarily make it general
3. first determine the obligation

Question 32

how to particulate a car? laptop?

Answer 32

plate number, engine number

laptop: serial number

Question 33

how to particularize a sack of rice?

Answer 33

physical segregation from the class

deliver that or this, t

Question 34

darius a neigh of lcint obliges himself to

1. deliver to clint a space gray 13-inch macbook air 2020 model
2. deliver to clint his only honda civic type R
   3 sing in clint’s birthday on november 24, 2020
3. not to construct a fence on the left side of darius’ house beside clint’s higher than 3 meters
4. repair clint’s front gate

what then are SPECIFIC obligations of darius to clint?

Answer 34

article 1163 - Every person obliged to give something is also obliged to take care of it with the proper diligence of good father of a family (aka ordinary diligence), unless the law or the stipulation of the parties requires another standard of care

Question 35

where can we see that a law obliges a that is NOT using ordinary diligence

Answer 35

Art 1755 - common carrier
utmost diligence

JP and Case Law - Banks

Question 36

What are the specific obligations with legal provisions?

Answer 36

1163 - observe ORDINARY DILIGENCE

1164 - deliver the FRUITS from the time obligation to deliver the things is due

1165 - without delay and in good faith

1166 - deliver accessions & accessories

1244 - to give the same thing

Question 37

on 1163, there are three kinds of diligence:

extraordinary
ordinary (good father of the family)
slight diligence

ordinary diligence is the default, that is why in contract drafting, you lawyer of the obliger you can ‘slight diligence’

extraordinary diligence - requires only proof of negligence

slight diligence - gross negligence in order to establish cause of action

Question 38

knowledge check: good faith mean here?

Answer 38

not to promise to deliver the same thing to two or more persons. (those with differing interest or of a stranger)

it’s fine if it’s Pedro’s agent named Juan, that’s fine

Question 39

why can’t you compel someone to accept something that has of greater value

toyota vios obligation but the thing now is for a mercedez benz

Answer 39

• bound to the determinate thing obligated by the contract

novation is not a problem where the obligee accepts the one of higher value

there can be a myriad of reasons, sentimental value

Question 40

advance topic: what is due regard for all circumstances

Answer 40

• experience of driver
• license type
• vehicle type (advance technology)
• day
• road conditino
• weather condition
• color
• area (school zone,

Question 41

exceptoin to common diligence

Answer 41

law
- common carrier
- banks

parties agreed on different stipulatoin

Question 42

JP does not say extraordinary diligence - it says

Answer 42

‘highest degree of diligence’ or meticulous care

Question 43

S obliged himself to deliver to B a parcel of land described as Lot No. 1234 on Jan 10, 2020, B paid S the full purhcase price of 10Million. as indicated in the contract to sell. However, S refused to execute the deed of absolute sale in favor of B on the ground that B should have also shouldered the 5% commission fee for the broker, which, according to B, should be taken from the 10M purchase price instead

on Jan 20, 2020, houses of informal settlers began to mushroom in Lot 1234. B now comes to you for legal advice on whether he can have the informal settlers ejected from Lot No. 1234

How will you advise B?

broker fee
transfer tax
notarial fee

Answer 43

what is crucial here is DELIVERY which is equal to TRANSFER OF OWNERSHIP

deed of absolute sale wasn’t executed. therefore, land has not been delivered.

buyer has personal right
personal right - only exercise the other party, who refused.
compel the seller to execute/deliver the absolute sale by filing a case of specific performance

B going after informal settlers as the third party (or the whole world)

SO
B will file case of specific performance + damages

Question 44

In banks, what is the care that must be given?

how is that different from DBL asking to take care of his 500k?

Answer 44

industries etc are imvued with public interest

banks are imbued with public interest

Question 45

on 1164, “the creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However he shall acquire no real right over it until the same has been delivered to him.”

what does ‘no real right over it’ mean?

Answer 45

he only has only personal right to it but NOT real right

a right (like ownership) that the rightholder can invoke as against the whole world (or third persons-any person other than the party of the contract).

wat is personal right - personal right - only exercise the other party, who refused.
compel the seller to execute/deliver the absolute sale.

Question 46

how is ownership transferred?

Answer 46

by the DELIVERING of the thing

Question 47

the moemnt you ahve the deed of absolute sale, you are the owner, even if next year it will transfer to your name

Question 48

how do you deliver land or building?

Answer 48

formal document (deed of absolute of sale, deed of donation)

executing the deed of absolute sale (notarized)

Question 49

differentiate real rights and personal right in a contract

Answer 49

real right - the right invoke against the world (

personal right - the right invoke against the other party in the contract

Question 50

deed of absolute sale for tomorrow but it burned tonight.

can the buyer who already paid 10m recover the 10 million?

Answer 50

question is who is the owner at the time of the house burning. the seller, then should shoulder the cost of the burning the house (he bears the risk of the house)

Question 51

1164, ‘the creditor has the right to the fruits of the thing from the time the obligation of it arises’ [proper this]

taxi unit, fruits of taxi unit (rental) the car had already been purhcased but not yet delivered. it will be elivered 1 mnths from now.

when feb 29 arrived, the obligation to deliver the thing is now triggered but it has NOT been delivered.

the right to the fruits start on feb 29 EVEN IF the taxi has not been delivered, SO if it will be delivered on May 29

you have 3 months entitled to the rentals

Question 52

FEB 5 LEC

Answer 52

FEB 5 LEC

Question 53

art. 1246 [generic thing] - “neither superior or inferior…”
is called the

Answer 53

Median Rule

Question 54

art 1246 - “…The purpose of the obligation and other circumstances shall be taken into consideration.”

ex. laptop

Answer 54

Purpose - education, recreational
Specs - 5g

Question 55

there is a vagues of 1246 found in 1349. specificies the minimum gnereal descrtipno of the object in the contract

minimum in the sense “determinate as to its kind.”

provide examples for ‘computer’ since it is not determiante as to its decice

Answer 55

debtor obliges himself to deliver to creditor a communication device.

calculator, phone, (these are all computers)

Question 56

what is effect being indeterminate as it is kind

Answer 56

void

Question 57

grounds for liabilty

Answer 57

fraud
negligence
default
violation of the terms of the obligation