OBLIGATIONS Flashcards by Tina A

What is Article 1156?

An obligation is a juridical necessity to give, to do, or not to do

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This is a juridical necessity to give, to do, or not t do

Obligations

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What is the article of obligation?

Article 1156

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Article 1156 / Obligation is an example of a?

a. Civil Obligation
b. Natural Obligation
c. Moral Obligation

a. Civil Obligation

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What is the meaning of Juridical Necessity?

-Art. 1423 provides that obligations are either natural or civil.
-Art 1156 provides the definition of civil obligations.
-Civil obligations give a right of action to compel their performance or fulfillment. In this sense, there is a juridical necessity to perform the obligation because it can result in judicial or legal sanction.

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This article provides that obligations are either natural or civil.

a. Art 1423
b. Art 1156

a. Art 1423

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What is under Art. 1423?

Civil obligations give a right of action to compel their performance or fulfillment. In this sense, there is a juridical necessity to perform the obligation because it can result in judicial or legal sanction.

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Kinds of Obligations as to Basis and Enforceability

This gives a right of action to compel their performance.

a. Civil Obligation
b. Natural Obligation

a. Civil Obligation

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Kinds of Obligations as to Basis and Enforceability

This means that not being based on positive law on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor. they authorize the retention of what has been delivered or rendered by reason thereof.

a. Civil Obligation
b. Natural Obligation

b. Natural Obligation

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What are the examples of Natural Obligations?

–There must be voluntary performance

a. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburse the third person, the obligor cannot recover what he has paid. (Art. 1425)
b. When, after an action to enforce a civil obligation has failed the defendant voluntarily perform the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.
c. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer.

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What are the Essentials Elements of Obligation

a. Active subject (creditor/obligee)
b. Passive subject (debtor / obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

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Essentials Elements of Obligation

This is the person in whose favor the obligation is constituted or the one who can demand the performance of the obligation

a. Active subject (creditor/obligee)
b. Passive subject (debtor / obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

a. Active subject (creditor/obligee)

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Essentials Elements of Obligation

This is the person who is required to perform the obligation

a. Active subject (creditor/obligee)
b. Passive subject (debtor / obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

b. Passive subject (debtor / obligor)

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Essentials Elements of Obligation

This is the subject matter of the obligation - either to give, to do or not to do

a. Active subject (creditor/obligee)
b. Passive subject (debtor / obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

c. Prestation

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Essentials Elements of Obligation

This is the reason why the obligation exists which can be any of the 5 sources of obligations

a. Active subject (creditor/obligee)
b. Passive subject (debtor / obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

d. Vinculum Juris/Efficient Cause/Juridical Tie

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This is when all rights acquired in virtue of an obligation are transmissible

Transmissibility of Obligation

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Transmissibility of Obligation

All rights acquired in virtue of an obligation are transmissible, EXCEPT:

Transmissible - pwedeng ipamana

a. When the nature of the obligation is that it is not transmissible: when the rights are purely or strictly personal in nature, i.e. qualifications and skills of the person have been considered in the constitution of the contract
b. By stipulation: e.g. the right to sublease is granted by law - but may be prohibited by stipulation
c. By provision of law: e.g. heirs as to the usufruct. The law provides that the rights of a usufructuary shall not be transmitted to the heirs, unless the parties stipulate otherwise.

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What are the Sources of Obligations?

Law
Contracts
Quasi-contracts
Delict
Quasi-delict

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Sources of Obligations

Obligations from this source is not presumed. Only those expressly determined in the Code or in special laws are demandable, and shall be regulated by the precepts of the law which established them; and as to what has not been forseen, by the provisions of this Book.

This means that the obligation must be clearly set forth in the law.
Examples are:
a. Duty of support
b. Duty to pay taxes

a. Law (Obligations ex lege)
b. Contracts (Obligations ex contract)
c. Quasi-contracts (Obligations ex-quasi-contractu)
d. Delict (Obligations ex maleficio or ex delicto)
e. Quasi-delicts (Obligations ex quasi-delicto or ex quasi-maleficio)

a. Law (Obligations ex lege)

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Sources of Obligations

Obligations arising from this source have the force of law between the contracting parties and should be within good faith.

b. Contracts (Obligations ex contract)

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Art. 1305. This is the meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

Once this is entered into, the parties are bound by its terms and cannot, without valid reason withdraw therefrom.

Contract

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Sources of Obligations

This is the juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another.

c. Quasi-contracts (Obligations ex-quasi-contractu)

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What are the types of Nominate Quasi-contracts?

a. Negotiorum Gestio
b. Solutio Indebiti

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Sources of Obligations

This is the type of nominate quasi-contract that means whoever takes charge of the agency or management of the business or property of another, without any power from the latter; is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in position to do so. This juridical relation does not arise in either of these instances
1. When the property or business is not neglected or abandoned
2. If in fact the manager has been tacitly authorized by the owner. (Art. 2144)

a. Negotiorum Gestio
b. Solutio Indebiti

a. Negotiorum Gestio

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Sources of Obligations This is the type of nominate quasi-contract that means that the juridical relation which is created when something is received when there is no right to demand it and it was unduly through mistake. Requisites: 1. There is no right to receive the thing delivered 2. The thing was delivered through mistake. a. Negotiorum Gestio b. Solutio Indebiti

b. Solutio Indebiti

what is the Other Example of Quasi-Contracts

When funeral expense are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. (Art 2165)

Sources of Obligations This source is an act or omission punishable by law which may be governed by the Revised Penal Code, other penal laws, or the Title on Human Rights under the Civil Code. a. Law (Obligations ex lege) b. Contracts (Obligations ex contract) c. Quasi-contracts (Obligations ex-quasi-contractu) d. Delict (Obligations ex maleficio or ex delicto) e. Quasi-delicts (Obligations ex quasi-delicto or ex quasi-maleficio)

d. Delict (Obligations ex maleficio or ex delicto)

Revised Penal Code This means that every person criminally liable for a felony is also civilly liable. **NOTE: Under the Rules of Court, wherever a criminal action is instituted, the civil action for the civil liability is impliedly instituted therewith.

Art. 100. Civil liability of a person guilty of felony

Art. 104. What is included in civil liability?

The civil libaility established in Artiles 100, 101, 102 and 103 of this Code includes: 1. Restitution 2. Reparation of the damage caused 3. Indemnification for consequential damages

Proof of necessary Proof beyond reasonable doubt a. Criminal liability b. Civil liability

a. Criminal liability

Proof of necessary Preponderance of evidence a. Criminal liability b. Civil liability

b. Civil liability

Acquittal of the accused: Acquittal because the accused did not do the act complained of a. No civil liability b. There can still be civil liability

a. No civil liability

Acquittal of accused: Acquittal due to reasonable doubt a. No civil liability b. There can still be civil liability

b. There can still be civil liability

Sources of Obligations Art. 2176. This source means that whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties. Requisites: a. There must be an act or omission. b. There must be fault or negligence c. There must be damage caused d. There must be a direct relation of cause and effect between the act or omission and the damage; a. Law (Obligations ex lege) b. Contracts (Obligations ex contract) c. Quasi-contracts (Obligations ex-quasi-contractu) d. Delict (Obligations ex maleficio or ex delicto) e. Quasi-delicts (Obligations ex quasi-delicto or ex quasi-maleficio)

e. Quasi-delicts (Obligations ex quasi-delicto or ex quasi-maleficio)

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Minors children who live in their company Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

a. The father, in case of his death or incapacity, the mother

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Minors and incapacitated persons Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

b. Guardians

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Employees in the service of the branches in which they are employed or on the occasion of their functions Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

c. Owners and Managers of establishment or enterprise

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Employees and household helpers acting within the scope of their assigned tasks, even if the employer is not engaged in any business or industry Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

d. Employers

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Special agent, except when the damage was caused by the official whom the task done properly pertains Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

e. The State

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: Acts done by: Pupils and students or apprentices, so long as they remain in their custody Who is responsible? a. The father, in case of his death or incapacity, the mother b. Guardians c. Owners and Managers of establishment or enterprise d. Employers e. The State f. Teachers or Heads of Establishments of Arts and Trade

f. Teachers or Heads of Establishments of Arts and Trade

Vicarious Liability: Under Art. 2180 of the Civil Code, there are responsible for the damages caused by: What is the defense?

-The responsibility shall cease when the persons prove they observed all the diligence of a good father of a family to prevent damage -For the employer, specifically, if he is able to prove due diligence in the selection and supervision of the employee ***NOTE: This defense is not available against the employer's subsidiary liability arising from a delict or crime

A single act can be the source of multiple sources of obligations

Multiple Sources of Obligations

Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. (Art. 2177)

Double recovery not allowed

Kinds of Civil Obligations As to Perfection and Extinguishment

-Pure Obligations -Conditional Obligations

Kinds of Civil Obligations An obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, and is demandable at once. a. Pure Obligation b. Conditional Obligation

a. Pure Obligation

Kinds of Civil Obligations The acquisitions of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. (Art. 1181) a. Pure Obligation b. Conditional Obligation

b. Conditional Obligation

These are uncertain events which wields an influence on a legal relationship a. Conditon b. Period

a. Conditon

Kind of Conditions As to when the obligation should be performed -Happening of which give rise to the obligation a. Suspensive b. Resolutory

a. Suspensive

Kind of Conditions As to when the obligation should be performed -Happening of which extinguishes the rights already existing a. Suspensive b. Resolutory

b. Resolutory

Kind of Conditions A to whom or where it depends -Depends on the will of the party to the juridical creation a. Potestative b. Casual c. Mixed

a. Potestative

Kind of Conditions A to whom or where it depends -Depends on chance a. Potestative b. Casual c. Mixed

b. Casual

Kind of Conditions A to whom or where it depends -Partly depends on will of the party or partly on chance a. Potestative b. Casual c. Mixed

c. Mixed

Kind of Conditions As to capacity to be performed in parts -Can be performed in parts a. Divisible b. Indivisible

a. Divisible

Kind of Conditions As to capacity to be performed in parts -Cannot be performed in parts a. Divisible b. Indivisible

b. Indivisible

Kind of Conditions As to number of obligations are to be performed when there are several of them -All must be performed a. Conjunctive b. Alternative

a. Conjunctive

Kind of Conditions As to number of obligations are to be performed when there are several of them -Only one must be performed a. Conjunctive b. Alternative

b. Alternative

Kind of Conditions As to nature -act a. Positive b. Negative

a. Positive

Kind of Conditions As to nature -Omission (Not to do) a. Positive b. Negative

b. Negative

Kind of Conditions As to how made known to the other party -Stated a. Express b. Implied

a. Express

Kind of Conditions As to how made known to the other party -Merely Inferred a. Express b. Implied

b. Implied

Kind of Conditions As to whether the obligation can be fulfilled -Can be fulfilled a. Possible b. Impossible

a. Possible

Kind of Conditions As to whether the obligation can be fulfilled -Cannot be fulfilled either physically or legally a. Possible b. Impossible

b. Impossible

This is a condition dependent solely on the will of one of the parties a. Potestative Condition b. Impossible Condition

a. Potestative Conditio

When is the potestative condition void?

1. Condition is suspensive in character 2. Dependent solely on the will of the debtor -This is so, because if it were allowed by law, there is a possibility that the obligation will never arise.

This shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. a. Potestative Condition b. Impossible Condition

b. Impossible Condition

Impossible Conditions Impossibility: can either be:

a. Physically impossible b. Legally impossible

Impossible Conditions Impossibility: can either be: Such as a condition requiring the debtor to go to the sun; a. Physically impossible b. Legally impossible

a. Physically impossible

Impossible Conditions Impossibility: can either be: Such as when it is contrary to law, good customs, public policy, such as a condition requiring the debtor to kill somebody a. Physically impossible b. Legally impossible

b. Legally impossible

Impossible Conditions What are the effects?

1. When an impossible condition is imposed in an obligation to do, the obligation and the condition are treated as void since the debtor knows that no fulfillment can be done and therefore is not serious about being liable. 2. In obligation not to do or if the condition is negative, the impossible condition cam be disregarded and the obligation remains

Effect of Fulfillment of Conditions General Rule:

Once the condition has been fulfilled, it shall retroact to the day of the constitution of the obligation

Effect of Fulfillment of Conditions Exceptions:

1. Fruits of interests a. Reciprocal Obligations - the fruits are deemed mutually compensated b. Unilateral obligations: the debtor, as a rule, is entitled to the fruits unless a contrary intention appears 2. Period of prescription - counted still from the time the condition was fulfilled.

Conditions where obligation is treated as one with a period

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period.

This is the condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. Example: I will give you my land if you marry X by December 31, 2020. If it is January 1, 2021, the obligation s extinguished since the time has expired or if X dies before the deadline of December 31, 2020, the obligation is likewise extinguished since it is already indubitable that the event will not take place.

Suspensive Conditions with e deadline

What are the Rules as to improvement, loss or deterioration? ***This rules likewise apply to obligations with a period

Art. 1189 provides that can in case of obligations to give specific or determinate things subject to suspensive condition,

Rules as to improvement, loss or deterioration LOSS -Without fault of the debtor a. Debtor is liable for damages b. Obligation is extinguished

b. Obligation is extinguished

Rules as to improvement, loss or deterioration LOSS -With the fault of the debtor a. Debtor is liable for damages b. Obligation is extinguished

a. Debtor is liable for damages

Rules as to improvement, loss or deterioration DETERIORATION -Without the fault of the debtor a. Impairment is borne by the creditor b. Creditor can either: 1. Exact fulfillment and ask for damages 2. Ask for rescission and damages

a. Impairment is borne by the creditor

Rules as to improvement, loss or deterioration DETERIORATION -With fault of the debtor a. Impairment is borne by the creditor b. Creditor can either: 1. Exact fulfillment and ask for damages 2. Ask for rescission and damages

b. Creditor can either: 1. Exact fulfillment and ask for damages 2. Ask for rescission and damages

Rules as to improvement, loss or deterioration IMPROVEMENT -By nature or time a. Improvement will inure to the benefit of the creditor b.The debtor shall have no other right than that granted to a usufructuary, e.g., he may remove the improvement if it will not cause damage to the thing.

a. Improvement will inure to the benefit of the creditor

Rules as to improvement, loss or deterioration IMPROVEMENT -At the expense of the debtor a. Improvement will inure to the benefit of the creditor b.The debtor shall have no other right than that granted to a usufructuary, e.g., he may remove the improvement if it will not cause damage to the thing.

b.The debtor shall have no other right than that granted to a usufructuary, e.g., he may remove the improvement if it will not cause damage to the thing.

What is the effect of happening of a resolutory condition?

When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. >>>>Mutual Restitution ILLUSTRATION: X gave Y his car upon the condition that Y will not go to a casino. Y went to a casino, In this case, the obligation is extinguished and it will be as if there was obligation to begin with. Accordingly, Y is required to return to X the car together with any fruits therefrom.

With a certain length of time which determines the effectivity or the extinguishment of the obligation. This is certain to arrive or must necessarily come even though it may not be known when. a. Pure Obligation b. Conditional Obligation c. Condition with a Period / term

c. Condition with a Period / term

KINDS OF TERM With specific date a. Definite b. Indefinite c. Legal d. Voluntary e. Judicial

a. Definite

KINDS OF TERM Period may arrive upon the fulfillment of a certain event which is certain to happen >>>Example: Death a. Definite b. Indefinite c. Legal d. Voluntary e. Judicial

b. Indefinite

KINDS OF TERM Imposed or provided by law a. Definite b. Indefinite c. Legal d. Voluntary e. Judicial

c. Legal

KINDS OF TERM Agreed upon by the partners a. Definite b. Indefinite c. Legal d. Voluntary e. Judicial

d. Voluntary

KINDS OF TERM Those fixed by court a. Definite b. Indefinite c. Legal d. Voluntary e. Judicial

e. Judicial

KINDS OF TERM A period with a suspension effect a. Ex die b. In diem

a. Ex die

KINDS OF TERM A period with a resolutory effect a. Ex die b. In diem

b. In diem

The courts can fix the period in the following instances

In reciprocal obligations, when one party asked for the rescission of obligation, the court shall decree such recession claimed, unless there be just authorizing the fixing of a period a. If the obligation does not fixed a period, but from its nature and the circumstance it can be inferred that a period was intended, the courts may fix the duration thereof. b. When it depends upon the will of the debtor

Benefit of the Period It is presumed to have been established for the benefit of both the creditor and the debtor a. General Rule b. Exception

a. General Rule

Benefit of the Period From the tenor of the obligation or other circumstances, it should appear that the period has been established in favor of one or the other a. General Rule b. Exception

b. Exception

Benefit of the Period Consequences of the general rule

1. The debtor cannot be made to pay before the period 2. The creditor cannot be made to accept payment before the period >>>>Bawal magcompel or piloting tumanggap or magnayad.

Debtor's loss the benefit of the period: >>>pwede ng pilitin magbayd kahit hindi pa dumadating ang period

a. Insolvent, unless he gives a guaranty or security b. Does not furnish to the creditor the guaranties oe securities which he has promised c. Impaired said guarantees or securities after their establishment and when through a fortuitous event they disappear unless he immediately gives new ones equally satisfactory d. Violates any undertaking e. Attempts to abscond

AS TO PLURALITY OF PRESTATION Usually, use the word "and". All the prestations must be complied with in order to fulfill the obligation. a. Conjunctive b. Alternative c. Facultative

a. Conjunctive

AS TO PLURALITY OF PRESTATION Usually, use the word "or". Performance of the one of the presentations fulfill the obligation. a. Conjunctive b. Alternative c. Facultative

b. Alternative

AS TO PLURALITY OF PRESTATION When only one presentation has been agreed upon, but the obligor may render another substitution a. Conjunctive b. Alternative c. Facultative

c. Facultative

ALTERNATIVE

1. The fulfillment of one is sufficient 2. Right of choice: Debtor, except a. expressly granted to the creditor b. Given to the third party 3. Debtor's right of choice is limited, cannot choose any prestation which is impossible or lawful 4. Choice, to take effect, must be communicated --CONCENTRATION >>> Become SIMPLE OBLIGATION once communicate 5. Choice cannot be part of one and part of another 6. From all the choices, only one is practicable, deliver that which remains

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: DEBTOR -All things were lost due to a FURTUITOUS EVENT a. Extinguished b. Value of the last + Damages

a. Extinguished

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: DEBTOR -All things were lost due to a FAULT OF DEBTOR a. Extinguished b. Value of the last + Damages

b. Value of the last + Damages

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: DEBTOR -Some were lost due to FORTUITOUS EVENT / FAULT OF DEBTOR a. Deliver remaining b. Rescission + Damages; or Perorm + Damages

a. Deliver remaining

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: DEBTOR -Some were lost due to FAULT OF CREDITOR - DEBTOR CANNOT MAKE A CHOICE a. Deliver remaining b. Rescission + Damages; or Perorm + Damages

b. Rescission + Damages; or Perorm + Damages

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: CREDITOR -All things were lost due to FORTUITOUS EVENT a. Extinguished b. Value of any + Damages

a. Extinguished

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: CREDITOR -All things were lost due to FAULT OF DEBTOR a. Extinguished b. Value of any + Damages

b. Value of any + Damages

ALTERNATIVE EFFECT OF LOSS Right of choice belongs to: CREDITOR -Some were lost due to FORTUITOUS EVENT a. Damage from remaining b. Price of that which was lost + Damages or Demand from Remaining + Damages

a. Damage from remaining