Obligation - General Provisions Flashcards
(128 cards)
1
Q
An obligation is a juridical necessity _______, _____ or _______.
A
to give; to do; not to do
2
Q
What is a tie of law or a juridical bond by virtue of which one is bound in favor of another to render something — and this may consist in giving a thing, doing a certain act, or not doing a certain act?
A
Obligation
3
Q
What is the type of obligation that gives the obligee or creditor the right to enforce the performance of a prestation?
A
Civil obligation
4
Q
What is the right that grants parties to enforce performance called?
A
Right of action or right
5
Q
What is the type of obligation that does not grant parties the right of action?
A
Natural obligation
6
Q
Known as passive subject of an obligation.
A
Obligor or debtor
7
Q
Known as active subject of an obligation.
A
Obligee or creditor
8
Q
In case of the voluntary fulfillment of obligor in a prestation under natural obligation, should the same be able to recover what he has already delivered or rendered?
A
He may not.
9
Q
Does the law require obligations arising from contracts any form for their validity and binding force?
A
No.
10
Q
What’s the only source of obligation that gives the latter form?
A
Contracts
11
Q
What is an act or omission of one party in violation of the legal right or rights of another, causing injury to the latter?
A
Wrong (cause of action)
12
Q
What are the essential requisites of an obligation?
A
- Obligor
- Obligee
- Prestation
13
Q
What are the essential elements of a cause of action?
A
- a legal right of a plaintiff/creditor
- a legal obligation of a defendant/debtor
- the cause of action or wrong
14
Q
If the complaint fails to state a cause of action because one of the elements of a cause of action is absent, what will it become vulnerable to?
A
Motion to dismiss
15
Q
What happens when the cause of action stated is unclear or flawed?
A
Court will ask for further explanation or clarification. Motion to dismiss will not be approved.
16
Q
Cause of action is approved based on which of the two: correctness of facts or completeness of facts or elements?
A
Completeness of facts or elements
17
Q
When does cause of action arise?
A
When the last element occurs: that is, the transgression of rights
18
Q
Define cause of action.
A
An act or omission of one party in violation of the legal right or rights of another, causing injury to the latter
19
Q
What springs forth from cause of action?
A
Right of action
20
Q
Obligation of a person cannot exist without what?
A
Corresponding right of another person
21
Q
Facts: S and B entered into a contract to sell, whereby B, after making a downpayment, was given the option to pay the balance of the purchase price of a parcel of land. Later, S “rejected the contract to sell’’ even before the arrival of the period for the exercise of said option on the ground that the terms and conditions of the contract are grossly disadvantageous and highly prejudicial to his interest. S sent two (2) checks to B in an apparent effort to return the downpayment. S contends that the complaint was prematurely filed because at the time of the institution of the complaint, B has yet to exercise his option under the “Option of Buyer’’ clause of the contract. Has B a cause of action against S for prematurity?
A
Yes, all the elements are present.
22
Q
What is the prescriptive period in which a cause of action based upon a WRITTEN CONTRACT should be brought after the breach of violation accrues?
A
10 years
23
Q
What is described as the illegal invasion of a legal right, a wrongful act or omission, or a breach?
A
Injury
24
Q
What is the loss, hurt, or harm that results from the injury?
A
Damage
25
What denotes the sum of money recoverable as amends for wrongful act or omission?
Damages
26
Can there be injury without damage and damage without injury?
Yes.
27
What must be proven in addition to injury for the person injured to be entitled to sue?
Damage
28
What damages require pecuniary proof?
Actual and compensatory damages
29
What is the instance when damage need not be proven?
Injury without damage
30
In cases with injury without damage, what must only be proven?
Injury
31
What is the instance when an injury happens as a result from an exercise of someone else’s legal right?
Damage without injury
32
One who makes use of his legal right ________.
does no injury
33
What happens to the plaintiff if there is damage without injury?
The consequences must be borne by the plaintiff alone.
34
In other words, in order that the law will give redress for an act (or omission) causing damage, that act must be not only hurtful, but _________.
wrongful
35
X imported certain goods. The Collector of Customs declared the goods forfeited in favor of the government and ordered the sale thereof at public auction. The bid of Y was approved and the goods were awarded to him. Under the law, X has the right to have the decision of the Collector of Customs reviewed by the Commissioner of Customs, and from the decision of the latter, to appeal to the Court of Tax Appeals (Secs. 2313, 402, Tariff and Customs Code.), and from the latter’s decision, to the Supreme Court. X will be prejudiced if the sale is not set aside.
Is X liable to Y for damages from the consequent delay in the delivery of the goods?
No, because X is merely exercising his right to have the Collector of Customs’ decision be reviewed and contested.
36
What are the types of obligation according to subject matter?
1. Real obligation
2. Personal obligation
37
What are the two types of personal obligation?
1. Positive personal obligation
2. Negative personal obligation
38
What are the sources of obligation?
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law
5. Quasi-delicts
39
Define Quasi-contracts
Quasi-contracts arise from lawful, voluntary, and unilateral acts leading to unjust enrichment.
40
Define Quasi-delicts
They are those that arise from damage caused to another in person, in property, and in rights, through an act or omission, there being fault or negligence, giving rise to an obligation to pay for the damage done, but no contractual relation exists between the parties.
41
What source of obligation is exemplified in this scenario? “The obligation of the head of a family that lives in a building or a part thereof to answer for damages caused by things thrown or falling from the same.”
Quasi-delicts
42
What source of obligation is exemplified in this scenario? “The obligation to return money paid by mistake or which is not due.”
Quasi-contracts
43
Is there an obligation if it does not come from the five known sources in Article 1157? Why?
No, because it is embodied in Article 22 of the Civil Code.
44
What may be mistaken as a source of a legally enforceable right?
Practice or custom
45
How many sources of obligation are there in actuality? Why?
2, because obligations arising from crimes, quasi-contracts, and quasi-delicts all arise from law.
46
When the source of the obligation is a private act, what happens?
The law merely recognizes the existence of the obligation.
47
A judgment was rendered by a justice of the peace court (now municipal court) in favor of X who brought an ejectment suit against Y, the owner of the house built on the land of X. Z, the deputy sheriff who executed the judgment, was obliged to remove the house of Y from the land according to the usual procedure in the action for ejectment.
Is Y entitled to indemnity arising from the destruction of his house?
No, because, while there is the obligation of Z to remove the house according to usual procedure, there is no contract binding X and Z to Y that grants the latter indemnities from the destruction of his house as it is legal procedure. Furthermore, there is no proof that Z, the sheriff, had incurred any ILLEGAL ACTS OR OMISSIONS or any FAULT OR NEGLIGENCE that might raise an obligation of the sheriff to indemnify Y.
48
Obligations derived from law are not __________. Only those expressly determined in this ______ or in _______ are demandable, and shall be _________ by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.
presumed; Code; special laws; regulated
49
Why are legal obligations not presumed?
Because they are considered a burden upon the obligor/debtor.
50
When should legal obligations be demandable?
When they are found in the Civil Code or special laws.
51
Does the employer have the obligation to furnish free legal assistance to its employees? Explain.
No, even when said employee incurred expenses in paying a lawyer to recover damages caused by a stranger in his performance of his duties as an employee. Even in that situation, the employer is not obligated to recover the former the amount paid.
52
Does a private school have an obligation to provide clothing allowance to its teachers?
Of course not. There is no law enforcing it.
53
Is the winner of gambling obligated to return his winnings to the loser?
Yes, it is provided by law.
54
As stated in Art. 194 of the civil code, what should families support each other with?
1. Sustenance
2. Dwelling
3. Clothing
4. Medical assistance
5. Education
6. Transportation
55
In Art. 194, support among families should be based on what?
Financial capacity
56
What should the education and transportation of the family member include, according to Art. 194?
Schooling and training for some profession, trade or vocation for education even in the age of majority. Transportation includes transportation to and from school and work.
57
Which family relations are obliged to support each other according to Art. 195?
1. The spouses
2. The parents and the legitimate children
3. The parents and the legitimate children and the legitimate and illegitimate children of the latter
4. The parents and the illegitimate children and the legitimate and illegitimate children of the latter
5. Legitimate brothers and sisters, whether of full or half-blood
58
If a minor owns or acquires a thing with the capital or property of the parents, to whom does the thing acquired belong?
Ownership or usufruct of the thing belongs to parents
59
What if the parents expressly grant their minor all the profits that the latter may obtain after using the formers’ capital or property?
Such profits will not be charged against the minor’s legitime.
60
When is there an implied trust when a property is sold? When does it become a gift?
When the legal estate (the title) is granted to one party and is paid by the other party, the former being the trustee and the latter being the beneficiary. It becomes a gift if the trustee is only a minor and the one who paid, the supposed-to-be beneficiary of the title, is its parent, the gift being in favor of the minor.
61
Obligations arising from contracts have the _________ between the contracting parties and should be complied with in ________.
force of law; good faith
62
What primarily governs obligations arising from contracts?
Agreement of contracting parties
63
When do valid contracts have the force of law between contracting parties?
Upon perfection
64
What does a mere proof of the existence of a contract and the failure of its compliance justify?
The right of relief.
65
Are labor cases exempt from the general rule that practices and customs are not sources of legally enforceable rights? Why or why not?
They are exempt because benefits given by the employer, which have been ripened into practice, are considered as rights and are subject to the RULE OF NON-DIMINUTION. To be considered a company practice, the benefit must be consistently and deliberately granted by the employer over a long period of time while knowing fully well the payment of benefit is not based in any provision of law.
66
If a party alleges a defect in a contract to invalidate the contract, what should he do?
He should prove what he alleged.
67
What are positive laws?
These are laws written by men governed by and enforced by authority, contrary to laws arising from natural rights and moral principles.
68
Which is more superior: contract or law?
The law
69
What rule in labor cases subject the payment of benefits ascertained to be paid to employees deliberately and consistently over a long period of time, and the action of paying the same had long ripened into company practice?
Non-diminution rule
70
A compromise agreement once approved by final order of the court has the force of ________ between the parties and should not be disturbed except for _______or ______.
res judicata; vices of consent; forgery
71
What contract does not exist in the eyes of the law?
Void contract
72
When does a contract become the law between contracting parties when the contract needs government approval?
When contract is approved
73
When does the failure of either party to a contract to demand performance of the obligation of the other for an unreasonable length of time render the contract ineffective?
When the contract does not provide for the period within which the parties may demand the performance of their respective undertakings, but the parties did not contemplate that the same could be made indefinitely
74
Can the failure to answer a letter of demand imply an admission of liability?
No.
75
What can be done to the promisee of a contract when there is a breach of the same?
Promisee can recover the amount he might have lost or suffered from the breach.
76
X verbally agrees to pay Y the balance of an account in advance, notwithstanding the different stipulation of a prior written agreement.
Is X bound to perform said obligation?
Yes, X is bound to perform it independent of the other written agreement.
77
D borrowed from C money to be paid within a certain period, under the agreement that, if D fails to pay at the expiration of said period, the house and lot described in the contract would be considered sold for the amount of the loan. D failed to pay as promised. C brought action for the delivery of the house and lot.
Are both contracts valid and, therefore, should be given effect?
Yes.
78
What does the validity of the contingent fee agreement depend on in large measure?
The reasonableness of the stipulated fees
79
Is it within the regulatory powers of the court to reduce unreasonable attorney’s fees?
Yes
80
The contract between the parties (two big real estate corporations) was a contract to sell or conditional with title expressly reserved in S (seller) until the suspensive condition of full and punctual payment of the full price by B (buyer) shall have been met on pain of automatic cancellation of the contract upon failure to pay any of the monthly installments. B failed to pay the P5,000.00 monthly installments notwithstanding that it was punctually collecting P10,000.00 monthly rentals from the lessee of the property.
The main issue posed by B is that there has been no breach of contract by it; and assuming there was, S was not entitled to rescind or resolve the contract without recoursing to judicial process.
What should be decided? Should they be able to plead considerations of equity?
B, in fact, incurred a breach of contract, considering its ability to pay the monthly installments, which makes it unable to plead considerations of equity as it came with unclean hands.
81
Obligations derived from quasi-contracts shall be subject to the provisions of what?
Chapter 1, Title XVII of the Civil Code.
82
What supplies consent in quasi-contracts?
Fiction of law
83
By virtue of an agreement between X and Y, X assisted Y in improving a large tract of land which was later declared by the court as belonging to Z.
Has X the right to be reimbursed by Z for X’s services and expenses on the ground that the improvements are being used and enjoyed by Z?
No. X’s cause of action should be against Y who, in turn, may seek relief against Z.
84
What happens when both parties to a transaction are mutually negligent/faulty in their performance?
The fault or negligence of one cancels the fault or negligence of another. Their obligations may now be equitably determined based on the law prescribing unjust enrichment.
85
What are two kinds of quasi-contracts?
1. Negotiorum gestio
2. Solutio indebiti
86
What are Negotiorum gestio and solutio indebiti classified as: innominate or nominate quasi-contracts?
Nominate quasi-contracts
87
Define Negotiorum gestio.
It is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
88
Define Solutio indebiti.
It is the juridical relation which is created when something is received when there is no right to demand it, and it was unduly delivered through mistake.
89
If the juridical relation in an instance when the property or business is NOT NEGLECTED OR ABANDONED is not considered negotorium gestio, then what shall govern this?
Provisions of the Civil Code regarding unauthorized contracts
90
If the juridical relation in an instance the manager has been tacitly authorized by the owner is not considered negotorium gestio, then what shall govern this?
The rules on agency
91
Based on solutio indebiti, when shall the unjust payment raise the obligation: the time payment was paid or the time payee admits the obligation to reimburse?
The time payment was made
92
When does solutio indebiti apply?
1. When there exists no biding relation
2. When the payment is made through mistake
93
What is presumed if something which had never been due or had already been paid was delivered?
A mistake in the payment
94
How can a presumed mistaken payment be proven otherwise?
If it’s proven the delivery of payment was made out of liberality or for any other just cause.
95
Civil obligations arising from criminal offenses shall be governed by the ________, subject to the provisions of ______, and of the pertinent provisions of _________________________, and of Title XVIII of this Book, regulating _________.
penal laws; Article 2177; Chapter 2, Preliminary Title on Human Relations; damages
96
What is the two-pronged effect created from the commission of an offense?
1. On the public as it breaches public order
2. On the victim as it causes personal sufferings or injury
97
Define felony.
It is an act or omission punishable by law. It is committed with criminal intent or by means of negligence.
98
Those criminally liable to felony are also what?
Liable to civil liabilities
99
What of the crimes with no material damage?
There is no civil liability to be enforced.
100
Can a person not criminally liable still be civilly liable?
Yes.
101
There can be criminal liability without civil liabilities. What could be the reason for this?
Absence of material damage
102
What is already presumed or deemed instituted in a criminal charge?
Civil liabilities, meaning offended parties no longer need to reserve the right to file independent civil actions, unless they waive the civil action of the offender, reserve such right to file independent civil actions, or institute the civil action before the criminal action.
103
What is the extent of the civil liability arising from crimes governed by?
Revised Penal Code and Civil Code
104
Felonies are committed by means of what?
Of deceit (dolo) and fault (culpa)
105
There is _________ when the act is performed with deliberate intent and there is fault when the wrongful act results from ________________________ _______________________.
deceit; imprudence, negligence, lack of foresight, or lack of skill
106
What remedies do civil liabilities include?
1. Restitution
2. Reparation for damage caused
3. Indemnification for consequential damages
107
Define restitution
Restitution is the act of returning the property to its proper owner or of paying the monetary value of the loss.
108
Define reparation for damages caused.
It refers to the process and result of remedying the damage or harm caused by unlawful an unlawful act by payment or any other means.
109
Define indemnification for consequential damages.
It refers to the process of compensating the injured party with consequential damages that may arise from any binding relation or from any event such as crime.
110
X stole the car of Y. If X is convicted, the court will order X to return the car (or to pay its value if it was lost or destroyed). What is this court order?
Restitution
111
X stole the car of Y. If X is convicted, the court will order defendant to pay for any damage caused to the car. What is this court order?
Reparation
112
X stole the car of Y. If X is convicted, the court will order defendant to pay such other damages suffered by Y as a consequence of the crime. What is this court order?
Indemnification for damages.
113
Obligations derived from quasi-delicts shall be governed by the provisions of _________ of this Book, and by _______.
Chapter 2, Title XVII; special laws.
114
What are special laws?
Special laws are special penal laws not found in the Revised Penal Code.
115
Other term for quasi-delicts.
Torts
116
What are the requisites for a quasi-delict?
1. There must be an act or omission by the defendant.
2. There must be fault or negligence of the defendant.
3. There must be damage caused to the plaintiff.
4. There must be a direct relation or connection of cause and effect between the act or omission and the damage
5. There is no pre-existing contractual relation between the parties.
117
The obligation imposed from those arising from quasi-delicts is not only demandable for one’s own acts or omissions, but also for what?
Those of persons for whom one is responsible
118
The responsibility for those people for whom one is responsible for in an obligation arising from quasi-delicts may cease upon when?
When those persons proved that they observed all diligence of a good father of a family.
119
Differentiate crime from quasi-delict.
1. In crime or delict, there is criminal or malicious intent or criminal negligence, while in quasi-delict, there is only negligence.
2. Crime affects public interest, while quasi-delict concerns private interest.
3. In crime, there are generally two liabilities: criminal and civil while in quasi-delict, there is only civil liability.
4. In crime or delict, the purpose is punishment, while in quasi-delict, indemnification of the offended party.
5. Criminal liability cannot be compromised or settled by the parties themselves, while the liability for quasi-delict can be compromised as any other civil liability.
6. In crime, the guilt of the accused must be proved beyond reasonable doubt, while in quasi-delict, the fault or negligence of the defendant need only be proved by preponderance of evidence.
7. In crime, the liability of the person responsible for the author of the negligent act or omission is subsidiary, while in quasi-delict, it is direct and primary.
120
Which is broader: delicts or quasi-delicts?
Quasi-delicts
121
What is the only basis for delicts to be punished?
When they are covered by the penal law (and special laws).
122
What do these penal law violations have in common: begging in violation of ordinances, violation of gambling laws, and infraction of traffic rules?
They cause no injury or material damage, producing no civil liabilities.
123
Define culpa criminal.
Also known as criminal negligence, this is a type of fault that results from negligence, imprudence, lack of foresight, or lack of skill.
124
What is culpa aquiliana?
This is another term for quasi-delict or tort.
125
The same negligent act or omission causing damage may produce civil liability arising from a crime under Article 100 of the Revised Penal Code or create an action for quasi-delict under Article 2176. Is recovery of damages twice in these cases possible?
It is prohibited. The offended party only has the option between action for enforcement of civil liability from crime or from quasi-delict.
126
Term for cause of action for civil liabilities arising from crime.
Ex delicto
127
Term for cause of action for civil liabilities arising from quasi-delicts.
Ex quasi delicto
128
Term for cause of action for civil liabilities arising breach of a contract.
Ex contractu
