Obligation Flashcards
A juridical necessity to give, to do or not to do. (Article 1156 of the Civil Code)
Obligation
Essential Requisites of an Obligation
(1) Active Subject
(2) Passive Subject
(3) Object
(4) Juridical tie
Known as the creditor or obligee, who has the power to performance of the obligation.
Active Subject
Known as debtor, who is bound to perform the obligation.
Passive Subject
The prestation which may consist in the act of giving, doing or not doing something.
Object
Necessity between the two subjects by reason of which the debtor is bound in favor of the creditor to perform the obligation.
It is the legal tie which constitutes the source of obligation.
Juridical tie
On June 30, 2022, A and B executed a contract whereby A will pay B an amount of P150,000.00 for the survey to be conducted by B on A’s 15 hectare land located in Sto. Domingo, Albay. On July 1, 2022, A already paid B. Identify the object of the Obligation.
a) Survey of A’s Land
b) P150,000.00
c) A
d) B
a) Survey of A’s Land
(5) Sources of Obligation
Article 1157 of the Civil Code. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts of omissions punished by law; and
(5) Quasi-delicts
- Not presumed.
- Only those expressly determined in this Code or in special laws are demandable.
- 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 of the Civil Code)
Obligations arising from Law
What source of obligation this belongs?
Obligation to pay taxes under the National Internal Revenue Code,
Obligations arising from Law
What source of obligation this belongs?
Undergoing and passing the written technical examination provided under R.A. 8560 or the Philippine Geodetic Engineering Act of 1998 before one can practice as a Geodetic Engineer.
Obligations arising from Law
- Have the force of law between the contracting parties and should be complied with a good faith. (Article 1159 of the Civil Code)
Obligations arising from Contracts
Aside from contracts, other sources are laws, quasi-contracts, delicts, quasi-delicts
Obligation
Meeting of minds between two persons whereby one binds himself, with respect to the other, to give rise to an obligation.
Contract
Only one of the sources of obligation, thus, this can give rise to an obligation.
Contract
Results from lawful, voluntary, and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another.
Obligations arising from Quasi-contracts
Created by the voluntary management or administration by a person of the abandoned business or property of another without any authority or power from the latter.
Negotiorum Gestio (Management of another’s property)
Created when something is received when there is no right to demand it, and it was unduly delivered through mistake; the obligation to return arises. (Article 2154 of the Civil Code)
Solutio Indebiti
A and B are neighbors and a good friends. A is temporarily aboard when a typhoon hit the place where A and B resides. The typhoon caused the destruction of the gate in A’s house. B, being a good friend, took care of the expenses for the repair of A’s gate in the amount of P30,000.00
Questions:
1. Is there an existing contract between A and B?
2. Is A obliged to pay B the amount of P30,000.00? Why or why not?
- None. Only a quasi-contract exists due to the voluntary act of B in paying for the expenses of the repair of A’s gate, without prior authority from A.
- Yes. This case is an example of a Negotiorum Gestio. Thus, A is bound to pay B the amount of P30,000.00
A entered into a contract with B, a geodetic engineer, wherein B will conduct a survey of A’s land for P50,000.00 Because of an error, the payment was delivered by A through mail to C, another geodetic engineer. Is C obliged to return the payment received?
Yes. This case is an example example of Solutio Indebiti. C has no right to demand the amount he received and the payment was delivered through mistake. Thus, C is bound to return the amount of P50,000.00.
Every person criminally liable for a felony is also civilly liable. (Article 100 of the Revised Penal Code)
Obligations arising from Delicts or Crimes
(Article 2176) Whoever by act of 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 _____ and is governed by the provisions of this chapter.
- A wrong that occurs unintentionally, as a result of something like negligence, where as a true delict requires intentional action.
Obligations arising from Quasi-delicts
2 kind of Object of an Obligations
- Generic (indeterminate) thing
- Specific (determinate) thing
Object is designated only by its class/genus/species. (can be substituted by any of the same kind)
Ex. Sack of corn, money, can of oil
Generic (indeterminate) thing
Particular designated of physically segregated from all other of the same class identified by individuality (cannot be substituted)
Ex. Particular car
Specific (determinate) thing
5 Duties of the Debtor (Obligor)
PTFAD
1. Preserve or take care of the thing due
2. To deliver the thing itself
3. To deliver fruits of the thing
4. To deliver the accessions and accessories
5. To pay for damages in case of breach
3 Rights of the Creditor (Obligee)
CRE
1. To compel delivery of the thing due or specific performance.
2. To recover damages in case of breach from the debtor (non-fulfillment of the obligation)
3. Entitled to fruits and interests from the time the obligation to deliver arises.
Types of Fruits
NIC
1. Natural Fruits
2. Industrial Fruits
3. Civil Fruits
The spontaneous products of the soil, and the young and other products of animals.
Ex. grass, trees, and plants on lands produced without the intervention of man.
Natural Fruits
Those produced by lands of any kind through cultivation or labor.
Ex. Vegatables, rice, and all products of lands brough about by reason of human labor.
Industrial Fruits
Those derived by virtue of a juridical relation.
Ex. Rents of Buildings
Civil Fruits
Failure to perform an obligation on time which constitutes breach of the obligation.
Default or Delay (Mora)
Intentional evasion of the normal fulfillment of an obligation.
Fraud
Omission of that diligence which is required by the nature of obligation (substandard fulfillment of an obligation)
Negligence
There can only be delay when there is _____?
Demand
General Rule of Delay
Those obliged to deliver or to do something incur delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
There can only be delay when there is demand.
Exception to the general rule:
(Obligation)
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.
- 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.
- From the moment one of the parties fulfills his obligation, delay by the other begins.
Reciprocal Obligations
Types of Delay
- Mora solvendi
- Mora accipiendi
- Compensatio Morae
Delay on the part of the debtor to fulfill his obligation either to give or to do
Mora solvendi
Delay on the part of the creditor to accept the performance of the obligation.
Mora accipiendi
Delay of both parties in reciprocal obligation.
Compensatio Morae
Remedies of the creditor when there is fraud, delay of breach of the obligation by the debtor.
SRD
1. Specific performance by the debtor
2. Right to rescind or cancel the contract
3. Damages
Types of Damage:
MENTAL
1. Moral
2. Exemplary or corrective
3. Nominal
4. Temperate or Moderate
5. Actual or compensatory
6. Liquidated
They are either acts of God or natural causes without human intervention such as typhoons and earthquakes or acts of man such as robbery or hostage, provided that there is no fault or negligence on part of the debtor.
Fortuitous event (force majeure)
Requisites of Fortuitous Events:
(a) the cause of the breach of the obligation must be independent of the will of the debtor;
(b) the event must be either unforeseeable or unavoidable;
(c) the event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and
(d) the debtor must be free from any participation in, or aggravation of the injury to the creditor.
Kinds of Obligation
- Pure Obligation
- Conditional Obligation
One which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immendiately demandable (demandable at once)
Pure Obligation
Subject to a condition and the effectivity of which is subordinated to the fulfillment or non-fulfillment of a future and uncertain event
Conditional Obligation
2 extinguishment of an obligation (or rights) subject to it depends.
- Future and uncertain or
- Past but unknown
Classification of Condition
ECOFJD
1. As to effect
2. As to cause or origin
3. Obligations with a period or fixed term
4. Facultative and Alternative Obligation
5. Joint and Solidary Obligation
6. Divisible or Indivisible Obligation
As to effect - 2 condition:
a. Suspensive condition
b. Resolutory condition
(Condition precedent or condition antecedent) or one the fulfillment of which will give rise to an obligation (or right).
- There is no obligation yet.
Ex. I will give you a laptop if you pass the GE Board Exam.
Suspensive Condition
(Condition subsequent) or one the fulfillment of which will extinguish an obligation (or right) already existing.
Ex. I will give you P10,000.00 allowance per month until you pass the 2023 GE Board Exam.
The obligation is already existing and will be terminated upon the happening of the resolutory condition.
Resolutory Condition
As to cause or origin - 3 condition
PCM
a. Potestative
b. Casual
c. Mixed
The condition depends upon the will of one of the contracting parties.
Depends solely upon the will of the debtor, the conditional obligation shall be void because its validity and compliance is left to the will of the debtor (Article 1308 of the Civil Code) and it cannot, therefore, be legally demanded.
Potestative
The condition depends upon the will of a third person.
Casual
The condition depends partly upon chance and partly upon the will of a third person.
Mixed
A future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished.
Obligations with a period or fixed term (Period)
Only one object/prestation has been agreed upon, but the obligor may render another in substitution (Article 1206 of the Civil Code)
Facultative Obligation
The debtor is alternatively bound by different objects/prestation shall completely perform one of them (Article 1199 of the Civil Code)
Alternative Obligation
The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.
Facultative Obligation
The creditor cannot be compelled to receive part of one and part of the undertaking.
Alternative Obligation
The debt is divided into as many shares as there are creditors or debtors; the credits or debts being considered distinct from one another. (Article 1208 of the Civil Code)
Joint Obligation
The concurrence of two or more creditors or two or more debtor in one and the same obligation in that a debtor can oblige one of the several solidary creditors the payment of the whole obligation. (Article 1207 of the Civil Code)
Solidary Obligation
Object of the obligation is susceptible of partial performance such as execution of a certain number of days of work or the accomplishment of work by metrical units.
Divisible Obligation
Obligations to give definite things and those which are not susceptible of partial performance. (Article 1225 of the Civil Code)
Indivisible Obligation
Extinguishment of an Obligation
PCCCCN
1. Payment
2. Consignation
3. Condonation or remission of debt
4. Confusion
5. Compensation
6. Novation
Depositing of object of an obligation in a competent court
Consignation
Creditor and debtor becomes one person
Confusion
Offsetting of two obligations that are reciprocally extinguished if they are the same value.
Compensation
Substitution or change of the the obligation by subsequent one.
Novation
