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OBLIGATIONS General Provisions I.

. Definition Article 1156 A juridical necessity to give, to do, or not to do A juridical relation whereby the creditor may demand performance of the prestation by the debtor Key Phrase: Juridical Necessity obligation may be legally enforced in case of breach of contract as such breach results in the right of action to compel performance Article 1156 refers only to Civil Obligations

Vinculum Juris 1. 2. 3. Juridical/Legal Tie Efficient cause by which the debtor has become bound to perform the prestation Kinds: a. b. Law Bilateral Acts i. Contracts ii. Quasi Contracts c. Unilateral Acts i. Delicts ii. Quasi Delicts Prestation 1. 2. 3. Object Conduct which has to be observed by the debtor Requisites (1 3 essential for validity lack = void) a. b. c. d. Must be lawful or licit Must be possible physically and judicially Must be determinate or determinable Must have pecuniary value or possible monetary equivalent
st

II.

Differences Between Civil and Natural Obligations Civil Obligation Natural Obligation Based on Equity and Natural Law Not legally enforceable but depends on the pure generosity and conscience voluntary fulfillment of the obligation by the obligor authorizes the retention of what has been delivered or rendered. Article 1423

Based on Positive Law Legally enforceable in courts

Articles 1156

III.

Elements of Obligation Active Subject 1. 2. Creditor/Obligee Person who may demand the performance of the obligation and in whose favor the obligation is constituted IV. Classification of Obligations

Includes BUT is not limited to: As to Nature 1. 2. 3. Civil Natural Moral

Passive Subject 1. 2. Debtor/Obligor Person who is bound to perform the prestation to give, to do, or not to do

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

personal As to Performance 1. 2. Positive to do or to give Negative not to do Rescission YES YES YES Substitute Performance YES YES YES Undo things already done at debtors expense

As to Subject Matter 1. 2. Real to give (Object is a thing) Personal to do or not to do (Object is an act or an omission) NOTE: Not complete!!!!

Persons Obliged 1. 2. Unilateral only 1 party is bound Bilateral both parties are bound

V.

Sources of Obligation Article 1157 Includes: Law Contracts Quasi-Contracts Delicts Quasi-Delicts

As to Reciprocity 1. Reciprocal created and established at the same time, out of the same cause resulting in a mutual relationship between the parties Non-Reciprocal

2.

Importance of Identifying the Class or Type of Obligation To identify the appropriate remedies available in case of breach Law 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. Characteristics: 1. 2. Cases: 1. Bautista vs Borromeo, GR L-26002, 10/31/69 a. Vehicular accident, recovery of death and funeral benefits and expenses from Must not be presumed and must be expressly set forth in the law creating the obligation Does not take into consideration consent, contract or agreement the law will prevail

Remedies

Specific REAL Obligation YES

Generic REAL Obligation YES

Positive Personal Obligation NO tantamount to involuntary servitude May be availed of if the obligation is not very

Negative Personal Obligation To undo things already done YES

Specific Performance

Equivalent Performance

YES

YES

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

negligent plaintiff, obligation is based on Section 6 of the Workmens Compensation Law so there is no need to establish contractual relationship between the employer and the negligent party since deceased employees right to sue was subrogated 2. Pelayo vs Palomar, GR L-4089, 1/12/1909 a. Doctor provided medical assistance and wants defendants (in laws) to pay for the services rendered, obligation is based on the obligation of the husband to provide support to wife. In laws are not obliged to pay.

3.

Cause/Consideration

Contracts may come in different forms and various names 1. Innominate contracts a. Contracts consent resulting from implied

i. Do Ut Des I give that you may give ii. Do Ut Facias I give that you may do iii. Facio Ut Des I do that you may give iv. Facio Ut Facias I do that you may do 2. Consensual contracts a. Contracts that are perfected by mere agreement

3.

Martinez vs Martinez, GR 858, 1/23/1903 a. Father used CPG funds to buy steamer and schooner but titles are in sons name. Son is the owner. Father did not provide the specific provisions of law that would support his claim for ownership

Non-Impairment Clause (Section 10, Article III, 1987 Constitution) 1. GR a. 2. XPN a. Police Power No law shall be passed impairing the obligations of contracts

Contracts Article 1159 Obligations arising from agreements between 2 persons shall have the force of law and must be complied with in good faith. Definition Article 1305 1. Obligations arising from agreements between 2 persons shall have the force of law and must be complied with in good faith

Rules on Stipulations 1. GR a. Any stipulation provided that it is not contrary to i. Law

Elements 1. Consent a. b. 2. Object Express Implied

ii. Morals iii. Good Customs iv. Public Order

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

v. Public Policy Rules on Unilateral Evasion 1. GR a. 2. XPN a. b. Contract authorizes such Other party consents to it 2. Not Allowed Kinds of Quasi-Contracts 1. Negotiorium Gestio Article 2144 Unauthorized Management Inofficious Manager Arises when a person voluntarily takes charge of an abandoned business or property without the owners authority

Rules on Perfection 1. GR a. 2. XPN a. b. When parties stipulated on the creditors right to the fruits of the thing When the obligation is subject to i. Period ii. Suspensive Condition From meeting of minds

Solutio Indebiti Article 2154 Undue Payment Unjust Enrichment Takes place when something is received when there is no right to demand it, and it was delivered by mistake. Applies when: a payment is made when there exists no binding relation between the payor, who has no duty to pay, and the person who received the payment the payment is made through mistake, and not through liberality or some other cause.

Quasi-Contracts Article 1160 Obligations derived from Quasi-Contracts shall be subject to the provisions of Chapter I, Title XVII of this Book. Definition Article 2142 1. 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 shall be unjustly enriched or benefited at the expense of the other Differentiation a. b. c. Lawful vs Delicts 2. Rules 1.

Negotiorium Gestio Owner has the duty to reimburse the manager for the necessary and useful expenses

2.

Solutio Indebiti Recipient has the duty to return what was received by mistake

Voluntary vs Quasi-Contracts Unilateral vs Contracts

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

Delict Article 1161 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 Book, regulating damages. Definition 1. Delict an act or omission punished by law

Kinds of Evidence

Type of Case Civil Cases

Quantum of Evidence Preponderance Evidence of -

Description Evidence that would show the cause of action on the part of the defendant and the plaintiff Balance of probabilities There is moral certainty on the part of the judge that the accused if guilty of the commission of the crime Evidence that is sufficient and logical enough to support a conclusion Evidence that is lower than proof of guilt beyond reasonable doubt but higher than mere preponderance of evidence

Article 100, RPC 1. 2. Every person criminally liable for a felony is also civilly liable. 1 criminal act or omission results in: Administrative Cases Extradition Cases Civil Liability Article 104, RPC Restitution Reparation of Actual Damages Indemnification Consequential Damages of Substantial Evidence Criminal Cases Proof of Guilt Beyond Reasonable Doubt

Social Injury Injury or damage to the fabric of society Criminal Liability Imprisonment Fine

Personal Injury Injury or damage to the private victim

Clear and Convincing Evidence

Criminal Action

Civil Action

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

Kinds of Civil Actions

Rules on Civil Actions Arising from Delict

Dependent Civil Action Rule 111, Sec 1-2

The civil action is GR dependent on the Civil action is deemed outcome of the instituted together criminal case with the criminal Acquittal based on action reasonable doubt XPN CA will proceed When CA is waived unless it was waived Acquittal based on complete innocence CA will be dismissed The civil action is NOT dependent on the outcome of the criminal cases WON accused is found guilty or innocent, CA will still proceed Principle of Double Recovery applies so victim cannot claim damages from both criminal action and separate civil action When CA is reserved When CA ahead is filed

1.

Insanity Insane accused cannot be held criminally liable Guardian of insane accused may be held civilly liable if it can be shown that he did not exercise due and proper diligence in taking care of his charge If guardian is insolvent, the properties of the insane accused will be held civilly liable

2.

Minority (15 years old to less than 18 years old) Acting with discernment i. GR: Parents are subsidiarily liable ii. XPN: Due diligence Acting W/O discernment i. GR: No subsidiary liability

Independent Civil Action Rule 111, Sec 3

Only applies in offenses involving: Article 32 Violations of constitutional rights 3.

Article 33 Defamation, Fraud & Physical Injuries (murder, homicide, etc)

Death of Accused During Trial Criminal liability is extinguished Civil liability survives i. Victim must file action against the administrator of the deceased accuseds estate

Article 34 Refusal of Police Officer to Render Duty

Article 2176 Quasi-Delict

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

Quasi-Delicts Article 1162 Whoever by an act or 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 quasi-delict and shall be governed by Chapter 2, Title XVIII of this Book and the special penal laws, and the Articles 19-36 on Human Relations. Definition Article 2176 1. An act or omission arising from fault or negligence which causes damage to another, there being no contractual relation between the parties Tort, Culpa Aquiliana

b. The omission of that diligence which is required by the circumstances of person, place and time. Thus, it is a question of fact. c. Test to determine negligence i. What would the prudent man do? ii. Would a prudent man foresee harm to the person injured as a reasonable consequence of the course about to be pursued? iii. If YES, the law requires that: 1. 2. Actor refrains from such act Actor takes precautions against its mischievous effects

2.

Elements 1. 2. 3. 4. 5. Terms 1. Negligence Article 1173 a. the failure to exercise that degree of diligence, care, precaution or vigilance which the following circumstances require: i. Person ii. Place iii. Time c. There is an act or omission There is fault or negligence attributable to the accused There is damage or injury That the act arising from the fault or negligence is the proximate cause of the damage of injury That there is no pre-existing contractual relation between the parties 2. d.

Contract of Carriage i. Obligation to carry the passengers safely and securely to their destination with utmost and extraordinary diligence

Proximate Cause a. b. The cause of the cause of the evil caused The adequate and efficient cause, which in the natural order of events, necessarily produces the damages or injuries complained of Review Damnum Absque Injuria Damage W/O Injury

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

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.

2.

Rules on Acquittal The acquittal of an accused does not carry with it the extinction of civil liability when o o o acquittal was based on reasonable doubt court determines that there is only a civil liability the civil liability of the accused does not arise or is not based on the crime for which he was acquitted.

Situation: At 4:30 PM on a Wednesday afternoon, X was driving at 120 kmp. As he was nearing CIT-U, his mobile phone rang and he looked to see who was calling him. th Because of this, he failed to notice that D, a 5 grader was crossing the street using the pedestrian lane. D died instantaneously. A, B, and C suffered physical injuries. On the other hand, acquittal of an accused carries the extinction of civil liability when o there is a finding on the final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist or the accused did not commit the acts or omission imputed to him.

o 1. 2. 3. 4. Y is civilly liable for breach of the Contract of Carriage with regard to ABC X is criminally liable for Ds death Reckless Imprudence resulting to Homicide X & Y are also civilly liable for Ds death based on quasi-delict X is also civilly liable for ABCs injuries based on quasi-delict 3.

Caso Fortuito Fortuitous Events A caso fortuito presents the following essential characteristics: i. The cause of the unforeseen and unexpected occurrence, or of the failure of the debtor to comply with his obligation, must be independent of the human will. ii. It must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid. iii. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner.

Notes: 1. Article 2177 - acquittal from an accusation of criminal negligence, whether on reasonable doubt or not, shall not be a bar to a subsequent civil action, not for civil liability arising from criminal negligence, but for damages due to a quasi-delict or culpa aquiliana. But said article forestalls a double recovery.

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC

iv. And the obligor (debtor) must be free from any participation in the aggravation of the injury resulting to the creditor.

Notes by Stephanie Dawn Sibi Gok-ong

OBLICON

Atty. Daryl Bretch Largo

USC