General Provisions Flashcards
1
Q
It is a juridical necessity to give, to do or not to do.
A
Obligation (Article 1156)
2
Q
Those obligations with pecuniary value or assessable in terms of money.
A
Patrimonial Obligation
While all patrimonial obligations are civil obligations, not all civil obligations are patrimonial. Some civil obligations involve non-monetary aspects and may pertain to personal or familial relationships.
3
Q
It means the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance.
A
Juridical Necessity
4
Q
An ordinary suit in court of justice by which
one party prosecutes another for the enforceable or
protection for a right or a prevention or redress of a wrong.
A
Action
4
Q
Latin word for Obligation
A
Obligatio
It means tying or binding.
5
Q
The debtor is liable for damages.
A
Compensation
5
Q
Exemption from punishment
A
Impunity
6
Q
Natural Obligation is based on
A
Equity and natural law/justice
6
Q
Civil Obligation is based on
A
Positive Law
7
Q
In this obligation, you are not required to comply because there is no court of action against it, but it is dependent on the good conscience of a person.
A
Natural Obligations (Article 1423)
7
Q
In this obligation, we are enforced by the law to perform the obligation because the law says so.
A
Civil Obligations
8
Q
What are the essential requisites of obligation?
A
- Passive Subject
- Active Subject
- Prestation
- Juridical Tie
9
Q
He who has a duty.
A
Passive Subject (Debtor/Obligor)
10
Q
He who has a right.
A
Active Subject (Creditor/Obligee)
11
Q
It is the subject matter of the obligation. The conduct required to be observed by the debtor and may consist in giving, doing, and not doing.
A
Object or Prestation
12
Q
True or False: If the object is illegal (like shabu), there are still an obligation because there is a prestation.
A
False
We have no object/prestation. It means that the obligation is not valid.
13
Q
Also called efficient cause. It constitutes the source of obligation- the coercive force which makes the obligation demandable.
A
Juridical or Legal Tie or Vinculum Juris
14
Q
True or False:
All essential elements of the obligation must be present for the obligation to be valid.
A
True
15
Q
There‘s only one debtor
and one creditor (one way).
A
Unilateral Obligation
16
Q
There’s two debtor and two creditor (two-way)
A
Bilateral Obligation
17
Q
What is the article of this?
**Contracts **shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present.
A
Article 1356
18
Q
True or False:
Obligations arising from other sources still have form of obligation.
A
False
Obligations arising from other sources do not have any form at all.
19
Q
A power which a person has under the law to demand from another any prestation.
A
Right
20
Q
An act or omission of one party in violation of the legal right or rights of another.
A
Wrong (cause of action)
21
Refers to the **delict or wrong** committed by the *defendants*; determined by the **pleadings.**
Cause of action
21
Refers to the **right** of the *plaintiff* to institute the action; **determined by the substantive law.**
Right of action
## Footnote
A right of action may be taken away by the running of the statute of limitations, by estoppel or other circumstances which do not at all affect the cause of action.
22
Is a law that **sets the maximum amount of time** that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense,
whether civil or criminal.
Statute of limitations
## Footnote
Also known in civil law systems as a** prescriptive period.**
23
That part of the law which **creates, defines, and regulates rights** as opposed to objective.
Substantive Law
## Footnote
Substantive Law are the **Revised Penal Code, Civil Law, Labor Code, and Taxation Law.**
24
The law prescribes the **method of enforcing rights.**
Procedural Law
## Footnote
Procedural law on the other hand is the Rules of Court embodied in the **Civil Procedure, Criminal Procedure, and Special Proceedings.**
25
**Illegal invasion of the legal rights** / the legal wrong to be redressed.
Injury
26
**Loss or harm suffered** due to injury.
Damage
27
**Compensation** awarded or **recoverable** as amends for the wrongful act
Damages
## Footnote
As a rule, t**here must be a loss or damage**, in addition to injury (wrongful violation of his legal right), caused to him by the violation of his right.
28
Kinds of Obligation According to S**ubject Matter**
1. Real Obligation (Obligation to give)
2. Personal Obligation (Obligation to do or not to do)
29
Obligation to give
Real Obligation
30
Obligation to do
Positive personal obligation
31
Obligation to not to do
Negative positive obligation
32
True or False:
Contract is the only one of the sources of obligation, while obligations have other sources like law, quasi-contracts, delicts or quasi-delicts
True
## Footnote
On the sources of obligation, the main sources are really Law and Contracts. The other sources are also established by the Law.
33
True or False:
Contract is a bilateral obligation while obligation is a unilateral obligation.
True
34
True or False:
All contracts are obligations while not all obligations are contracts.
True
35
Article 1157
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.
36
Acts that are **conforming to the requirements of the law**: not forbidden by law.
**Licit Acts:** Contracts & Quasi-contracts
37
Sources of Obligation
1. Law
2. Contracts - **Art. 1306**
3. Quasi-Contracts - **Art 2142**
4. Crimes or Acts or Omissions Punished by Law
5. Quasi-delicts or Torts or Culpa Aquiliana - **Art. 2176**
38
Acts that are **not allowed by law or custom**.
**Illicit Acts**: Delicts (punishable by law) and Quasi-delicts also known as *culpa aquiliana* (not punishable).
39
Article 1158
**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.
## Footnote
To compel compliance to an obligation arising from law, the same must be **expressly/explicitly stated in the law itself**. Therefore, *if the act is not expressly prohibited, then it is allowed.* And if the law does not expressly obligate a person to do something, then he is by no means bound to perform such – at least legally speaking.
40
True or False:
Since contracts have the force of law, it means that contract are over and above the law.
False
Although contracts have the force of law, it does not mean that contract are over and above the law.
## Footnote
Contracts are with the limitations imposed by law in Art. 1306, NCC, it states that the contracting parties may establish such stipulations, clauses terms and conditions as, they may deem convenient, **provided that are not contrary to law, morals, good custom, public order or public policy.**
41
ARTICLE 1159
Obligations arising from contracts have the force of law between the contracting parties and should be complied within good faith.
42
It is the **formal expression** by the parties of their rights and obligations they have **agreed upon** with respect to each other.
Contract (Article 1305)
## Footnote
A contract is a **meeting of minds** between to persons whereby one binds himself, with respect to the other, to give something, or to render some service.
43
Requirements of a valid contract.
1. All the **essential elements are present.**
2. **Not contrary** to law, morals, good customs, public
order, or public policy.
44
Essential Requisites of a Contract (3)
1. **Consent** of the contracting parties;
2. **Object** certain which is the subject matter of the
contract;
3. **Cause** of the obligation which is established.
45
Compliance in accordance with
the stipulations or terms of the contract.
Compliance in good faith
46
True or False:
There are instances when, **even in the absence of consent or agreement** between the parties involved, a person can still be **bound to an obligation** for an act done by another without his/her consent or authority.
True
## Footnote
In other words, even if there is **no agreement** between the
eventual obligor and eventual obligee, an **obligation can
nonetheless exist between them**. One such case is the
existence of a quasi-contract.
47
It is the juridical relation resulting from a lawful, voluntary and unilateral act which has for its purpose the payment of indemnity to the end that **no one shall unjustly enrich or benefited at the expense of another. **
Quasi-contract (Article 2142)
48
The **'quasi'** literally means
As if
49
True or False:
Both contracts and quasi-contracts **need consent** in order to validate the obligation of the parties.
False
## Footnote
In a *contract*, **consent** is essential requirement for its validity while in *quasi-contract*, there is **no consent** as the same is implied by law
50
What are the **principal kinds of quasi-contracts**?
1. Negotiorium Gestio
2. Solutio Indebiti
51
It is the **voluntary management of property or affairs** of another **without the knowledge or consent** of the latter
Negotiorium Gestio (Article 2144)
## Footnote
Management of another‘s property which the law grants you to the right to reimburse **since you are unjustly enriched by another at your expense.**
52
It is the juridical relation which is created when **something is received when there is no right to demand it** / payment by mistake.
Solutio Indebiti
## Footnote
It is the obligation of the person who received the money **paid by mistake** to **return it** because the law mandates it. While there’s n**o consent**, the **law requires** you to return it under the principle of quasi-contract.
53
True or False:
No material damage = No civil liability
True
54
Moral Evil + Material Damage
"Every person criminally liable
for a felony is also civilly liable"
## Footnote
Hence, the civil obligation that **arises from a criminal offense** is the civil liability attached thereto.
55
Performed by **returning the thing itself to its owner**, if still possible, with the corresponding payment of any deterioration or diminution of value caused upon the thing.
**Restitution** (Article 105, RPC)
## Footnote
In case of **theft**, the **accused must return the thing stolen to its owner** or from whom the thing was unlawfully taken.
56
This is in the form of **paying monetary compensation to the victim** *for whatever damage or injury he/she has suffered ***by reason of the criminal offense committed against him/her and/or his/her property.**
## Footnote
As regards the **amount of compensation** to be paid, it is for the **courts to determine** the same.
**Reparation of the damage caused** (Article 106, RPC)
## Footnote
In case of libel, the accused shall pay monetary compensation to the victim for the damages caused by the former's words to the latter's reputation
57
True or False:
In scope of civil liability, you must pay for the value of the thing loss and **but the sentimental value is not included.**
False
## Footnote
Sentimental value for the thing loss can also be demandable.
58
It is the legal arrangement or provision in a contract where one party agrees to **compensate** the other party **for losses that result indirectly from a breach of contract.**
**Indemnification for consequential damages** (Art. 104, RPC)
## Footnote
For example, if Party A **fails to deliver goods** to Party B on time as per a contract, and as a result, **Party B loses a major client and incurs financial losses**, the indemnification for consequential damages clause might **require Party A to compensate Party B for the financial losses suffered due to the lost client.**
59
X stole the car of Y. If X is convicted, the court will order X:
a. *to pay* for **any damage caused to the car**;
b. *to pay* such **other damages suffered by Y as a consequence of the crime**;
c. *to return* the car or *to pay* **its value if it was lost or destroyed.**
a. Reparation for the damage caused
b. Indemnification for consequential damages
c. Restitution
60
Kinds of Damages (Mental)
1. Moral
2. Exemplary or Corrective
3. Nominal
4. Temperate
5. Actual or Compensatory
6. Liquidated
61
These are awarded to enable the injured party to obtain means, diversions or amusements that will serve to **alleviate the moral suffering he has undergone**, by reason of the defendant‘s culpable action.
## Footnote
Example: Anxiety
Moral Damages
62
These are imposed, by way of example or correction for the public good, and may be granted if the defendant acted with gross negligence. They are intended to **punish a wrongdoer** and **deter similar misconduct**.
Exemplary or Corrective or Punitive Damages
## Footnote
E.g. A company *knowingly sells a product that is harmful to consumers,* and several individuals suffer serious injuries as a result. In addition to compensatory damages (covering medical expenses, pain, and suffering), a court might award **exemplary or punitive damages to punish the company for its reckless behavior** and to discourage similar actions in the future.
63
It may be awarded in order that the **plaintiff‘s right**, which has been *violated or invaded* by the defendant, **may be vindicated or recognized**, and *not for the purpose of indemnifying the plaintiff for any loss suffered. *
## Footnote
These are **minimal or token amounts** awarded by a court when a **legal wrong has occurred but no significant harm or financial loss has been suffered** by the plaintiff.
Nominal Damages
## Footnote
E.g. In a contract breach with no financial harm, a court may award nominal damages (e.g., $1) to acknowledge the legal violation, despite minimal actual harm.
64
These may be recovered when **pecuniary loss** has been suffered but the **amount cannot**, from the nature of thecase, **be proven with certainty.**
## Footnote
These are **moderate or reasonable damages** awarded when the **exact amount of loss** is **challenging to determine**, but it is clear that some harm has occurred.
Temperate Damages
## Footnote
In such cases, the amount of the award is *left to the discretion of the courts*, according to the circumstances of each case, but the same should be reasonable, bearing in mind that temperate damages should be **more than nominal but less than compensatory. **
65
These are damages paid **to directly compensate** the nonbreaching party for **the value** of what was not done or performed.
## Footnote
They simply **make good or replace the loss** caused by the wrong.
Actual/ Compensatory
66
These refer to a **predetermined amount of compensation** that parties agree upon in a contract to serve as the measure for damages if one party breaches the contract.
This **agreed-upon amount** is meant to e**stimate the actual damages that might arise from a breach**, making it easier to determine compensation w*ithout going through the complexities of proving the actual losses incurred*.
Liquidated Damages
## Footnote
E.g. In a construction contract, if the builder doesn't finish on time, they might owe the property owner $500 for each day of delay. This set amount is called **liquidated damages**. It simplifies compensation without needing to prove the exact financial losses caused by the delay. No damages apply if the builder meets the deadline.
67
It is an act or omission by a person (or called **tortfeasor**) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being **fault or negligence** but there is **no pre-existing contractual relation between the parties**.
Quasi-delict (Article 2176)
## Footnote
also known as **Culpa Aquiliana, Torts, and Ex-delicto**
68
True or False:
The offended party **cannot recover the damages twice for the same act or omission** or under both causes.
True
## Footnote
According to **Art. 2177** of the Civil Code of the Philippines, if a person **incurs both criminal liability and civil liability arising from the same negligent act or omission**, the offended party *cannot recover damages twice*. The offended party *may pursue either the civil liability under the Civil Code or the civil liability arising from negligence under the Penal Code*, but not both for the same wrongful act. This principle **prevents double recovery for the same harm**.
69
Requisites of Quasi-Delicts
1. Act or omission
2. Fault or negligence
3. Damage
4. Direct relation of the act or omission and the damage
5. No pre-existing contractual relation
70
Civil obligations **arising from criminal offenses** shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title on Human Relations, and of Title XVIII of this Code, regulating damages.
Article 1161
## Footnote
This is applicable for acts or omission punsihable by law (delicts).
