Obligation to give: Rights of the

Creditor
Determinate Thing:
1. Specific performance;
2. Damages in case of breach of
obligation.
Indeterminate Thing:
1. Ask for performance of obligation;
2. Ask that the obligation be complied
with at the expense of the debtor;
3. Damages in case of breach of
obligation.
Obligation to give: Duties of the Debtor
Determinate Thing:
1. Deliver the thing which he has
obligated himself to give;
2. Take care of the thing with proper
diligence of a good father of a
family;
3. To deliver all accessions and
accessories;
4. Damages in case of breach of
obligation.
Positive Obligation to do: Effect of
Breach
1. Perform or execute the obligation
at the expense of the obligor; and
damages;
2. To ask that what has been poorly
done be undone.
Negative Obligation to do: Effect of
Breach
1. Undone the same at the expense of
the obligor;
2. Damages.
Breach of Obligation due to Mora
Mora signifies the ideal delay in the
fulfillment of an obligation.
Kinds of Mora
1. Mora solvendi delay of the obligor
or debtor to perform his obligation;
2. Mora accipiendi delay of the
oblige or creditor to accept delivery
which is the object of the
obligation;

3. Compensaton morae the delay of

the parties in reciprocal obligations.
Time: Obligor incurs delay
The debtor incurs delay from the time the
creditor
judicially
or
extrajudicially
demands from him the fulfillment of his
obligation and in spite of demands, he is
unable to comply with the obligation.
Demand: When not necessary
1. When obligation or the law
expressly so declares;
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.
Delay in Reciprocal Obligations
Neither party incurs 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 fulfill his obligation,
delay by the other begins.
Delay by means of Fraud or Dolo
Fraud or dolo consists in the conscious and
intentional proposition to evade the
normal fulfillment of an obligation.
Distinguish: Dolo causante and dolo
incidente
The first is present only during the
performance of a pre-existing obligation,
whereas the second is present only at the
time of the birth of the obligation.
The first is employed for the purpose of
evading the normal fulfillment of an
obligation,
whereas
the
second
is
employed for the purpose of securing the
consent of the other party to enter into
the contract.

The first results in the nonfulfillment or

breach of the obligation, whereas the
second, if the reason for the other party
upon whom it is employed for entering
into the contract, results in the vitiation of
his consent.
The first gives rise to a right of the creditor
or oblige to recover damages from the
debtor or obligor, whereas the second
gives rise to right of the innocent party to
ask for the annulment of the contract if
the fraud is causal or to recover damages
if it is incidental.
Delay by means of Negligence or
Culpa
The fault or negligence of the obligor
consists in the omission of that diligence
which is required by the nature of the
obligation and corresponds with the
circumstances of the persons, of the time,
and the place. When negligence shows
bad faith.
Test of Negligence
Did the defendant in doing the alleged
negligent act use the reasonable care and
caution which h an ordinary prudent
person would have used in the same
situation.
Distinguish: Culpa Contractual
and Culpa Acquiliana
In culpa contractual, there is a pre-existing
contractual relation in culpa acquiliana
there
is
none.
In the first, the negligence of the
defendant is merely an incident in the
performance of an obligation; in the
second it is substantive and independent.
In the first, the source of the liability of the
defendant is the breach of contract; in the
second, the source is the defendants
negligent act or omission itself.
In the first, proof of the contract and of its
breach is sufficient prima facie to warrant
recovery, in the second the negligence of
the defendant must be proved.
Fortuitous Event

An event which cannot be foreseen or

which though foreseen is inevitable.
Kinds of Fortuitous Event
1. Fortuitous event proper an event
which absolutely independent of
human intervention;
2. Force majeure an event which is
dependent
upon
human
intervention other than that of the
obligor.
Rule regarding Fortuitous Events
Except in cases expressly specified by law,
or when it is otherwise declared by
stipulation, or when the nature of the
obligation requires the assumption of risk,
no person shall be responsible for those
events which could not be foreseen, or
which though foreseen, is inevitable.
Requisites of Fortuitous Events
1. The cause of the breach of the
obligation must be independent of
the human or of the will of the
debtor;
2. The
event
must
be
either
unforeseeable or unavoidable;
3. The event must be such as to
render it impossible for the debtor
to fulfill his obligation in a normal
manner;
4. The debtor must be free from any
participation in, or aggravation of
the injury to the creditor.
Other Instances where a person is
made civilly liable by a fortuitous
event
1. Object of the obligation is lost and
is due partly to the fault of the
debtor;
2. Object of the obligation is lost after
the debtor has incurred delay;
3. Debtor promised to deliver the
same thing to two or more persons
who do not have the same interest;
4. Obligation is generic.
KINDS OF OBLIGATION
1. Pure, conditional and with a term or
period;
2. Alternative and facultative;

3. Joint and solidary;

4. Divisible and indivisible;
5. With and without a penal clause.
Pure Obligation
A pure obligation is one whose effectivity
or extinguishment does not depend upon
the fulfillment or nonfulfillment of a
condition or upon the expiration of a term
or period, and which, as a consequence, is
characterized by the quality of immediate
demandability.
Conditional Obligation
When its effectivity is subordinated to the
fulfillment or no-fulfillment of a future and
uncertain fact or event.
Requisite of a Condition
A condition may be defined as a future
and uncertain event upon which an
obligation is subordinated or made to
depend. The requisites are:
1. Futurity;
2. Uncertainty.
1.

2.

3.
4.

5.

Classification of Conditions
Suspensive when the fulfillment
of the condition results in the
acquisition of rights arising out of
the obligation;
Resolutory when the fulfillment of
the condition results in the
extinguishment of rights arising out
of the obligation;
Potestative when the fulfillment
of the condition depends upon the
will of a party to the obligation.
Causal when the fulfillment of the
condition depends upon chance
and/or upon the will of a third
person.
Mixed when the fulfillment of the
condition depends partly upon the
will of a party to the obligation and
partly upon chance and/or the will
of a third person.

Can an uncertain past event

be considered a condition?
General rule, no. In order to be classified
as a condition the requisites of futurity
and uncertainty are required.

Exception, if the past event is already

known to the whole world but unknown to
parties, so that proof of ascertainment
thereof will come to pass, although it may
not be known when or if the past event is
unknown to the whole world as well as to
the parties, so that proof or ascertainment
thereof may or may not happen.
Effects of Suspensive Condition
If the Suspensive condition is fulfilled, the
obligation arises or becomes effective. If it
is not fulfilled no juridical relation is
created. In other words, rights are not yet
acquired, bet there is a hope or
expectancy that they will soon be
acquired.
Effect of Resolutory Condition
If the Resolutory condition is fulfilled, the
obligation is extinguished. IF the second is
not fulfilled, the juridical relation is
consolidated. In other words, rights are
already acquired.
Effects of Potestative, Casual and
Mixed Conditions
If the condition is potestative in the sense
that the fulfillment depends exclusively
upon the will of the debtor, the conditional
obligation shall be void.
If the condition is potestative in the sense
that its fulfillment depends exclusively
upon the will of the creditor the
conditional obligation shall be valid.
If the condition is casual in the sense that
its fulfillment depends upon chance and/or
upon the will of a third person, the
obligation shall be valid.
If the condition is mixed in the sense that
its fulfillment depends partly upon the will
of a party to the obligation and party upon
chance and/or the will of third person, the
obligation shall be valid.
Limitation: Potestative Condition
being Void
1. The rule is applicable only to a
Suspensive condition.
2. Applicable only to an obligation
which depends for its perfection

upon
the
fulfillment
of
the
potestative condition and not to a
pre-existing obligation.
Obligation Subject to Suspensive
Condition: Lost, Deteriorated or
Improvements were introduced
1. If the thing is lost without fault of
the debtor, the obligation shall be
extinguished;
2. If the thing is lost through the fault
of the debtor, he shall be obliged to
pay damages;
3. When
the
thing
deteriorates
without the fault of the debtor, the
impairment is to be borne by the
creditor;
4. If it deteriorates through the fault
of the debtor, the creditor may
choose between recission of the
obligation and its fulfillment, with
indemnity for damages in either
case.
5. If the thing is improved by its
nature,
or
by
time,
the
improvement shall inure to the
benefit of the creditor;
6. If it is improved at the expense of
the debtor, he shall have no other
right than that granted to the
usufructuary.
Reciprocal Obligation
Reciprocal obligation are those which are
created or established at the same time,
out of the same cause, and which result in
mutual relationship of creditor and debtor
between the parties.
Effect: Failure to Comply of One in
Reciprocal Obligations
Injured party may choose between the
fulfillment and the rescission of the
obligation, with the payment of damages
in either case.

Obligations with a Period

Those
whose
demandability
extinguishment are subject to
expiration of a term or period.
Term or Period

or
the

Is an interval of time, which, exerting and

influence
on
an
obligation
as
a
consequence of a juridical act, either
suspends it demandability or produces the
extinguishment thereof.
Kinds of Obligations with a Term or
Period
1. Suspensive or Resolutory a period
is suspensive when the obligation
becomes demandable only upon
the arrival of a day certain. It is
Resolutory when the obligation is
demandable at once, although it is
terminated upon the arrival of a
day certain.
2. Legal, conventional or judicial It is
legal when it is granted by law;
conventional when it is stipulated
by the parties; and judicial when it
is fixed by the court.
3. Definite or indefinite A period is
definite when the date or time is
known beforehand, and indefinite
when it can only be determined by
an event which must necessarily
come to pass, although it may not
be known when.
Obligation with a Term or Period: For
Whose benefit
It is presumed to be for the benefit of both
the creditor and the debtor. The former
cannot demand the performance of the
obligation before the expiration of the
designated period;
Instances where Courts are
Empowered to Fix a Period
1. Obligation does not fix a period but
from its nature and circumstances
it can be inferred that a period was
intended by the parties;
2. If the duration of the period
depends upon the will of the
debtor;
3. If the debtor binds himself to pay
when his means permit him to do
so.
Instances when the debtor shall lose
the right to make use of the period
1. Insolvency of the of the debtor,
unless he gives a guaranty or
security for the debt;

2. When he does not furnish to the

creditor the guaranties or securities
which he has promised;
3. When by his own acts he has
impaired
said
guaranties
or
securities after their establishment,
and when through a fortuitous
event they disappear, unless he
immediately gives a new one;
4. When the debtor violates any
undertaking in consideration of
which the creditor agreed to the
period;
5. When the debtor attempts to
abscond.
Alternative and Facultative Obligation
1. Alternative Obligations refer to
those juridical relations which
comprehend several objects or
prestations which are due, but the
payment or performance of one of
them would be sufficient.
2. Facultative obligations refer to
those juridical relations where only
one object or prestation has been
agreed upon by the parties to the
obligation, but the obligor may
deliver or render another in
substitution.
Alternative Obligation: Right to
Choose
The right to choose or select the object to
be delivered or the prestation to be
performed among those which are
alternatively due pertains as a general
rule to the debtor.
Exception: When the right has been
expressly granted to the creditor and
when it has been expressly granted to a
third person.
Time: When Parties are Bound by the
Choice
From the very moment that it has been
communicated by the party who has the
right to make it to the other party, and the
same cannot be impugn the choice or
selection.
Objects of an Alternative Obligation
has been Destroyed

1. If the right of choice belongs to the

debtor, if the loss is due to
fortuitous event:
a. If 2 or more of the objects
remain, the obligation still
subsist
retaining
its
alternative character;
b. If only 1 remains, the
obligation still subsist but it
ceases to be alternative;
c. If
none
remains,
the
obligation is extinguished.
2. If the right of choice belongs to the
debtor but it is due to the fault of
the debtor:
a. If 2 or more object remain,
the obligation still subsist
retaining
its
alternative
character;
b. If only 1 remains the
obligation still subsists, but
ceased to be alternative;
c. If
none
remains,
the
obligation is converted into
an obligation to indemnify
for damages.
3. If the right of choice belongs to the
creditor and loss is due to a
fortuitous event:
a. If 2 or more object remain,
the obligation still subsist
retaining
its
alternative
character, however if the he
chooses any of those which
were lost, the debtor is
liable for the value of the
object plus damages.
b. If only one remains, the
obligation still subsists, but
ceased to be alternative,
however, if he chooses any
of those which were lost,
the debtor is liable for the
value of the object plus
damages;
c. If
none
remains,
the
obligation is converted an
obligation to indemnify for
damages.
Facultative Obligation: Substitute is
Lost or Destroyed Through the Fault
of the Debtor

If the loss took place after the substitution

has been made, the debtor is liable for
damages.
If the loss took place before the
substitution could be effected, the debtor
cannot be held liable for damages.
Joint and Solidary Obligation
When there is a concurrence of 2 or more
creditors or of 2 or more debtors in one
and the same obligation, such obligation
may either be joint or solidary.
A joint obligation may be defined as an
obligation where there is a concurrence of
several creditors, or of several debtors or
of several creditors and debtors, by virtue
of which each of the creditors has a right
to demand, while each of the debtors is
bound to render, compliance with his
proportionate part of the prestation which
constitute the object of the obligation.
A solidary obligation may be defined as an
obligation where there is a concurrence of
several creditors and debtors, by virtue of
which each of the creditors has a right to
demand, while each of the debtors is
bound to render entire compliance with
the prestation which constitutes the object
of the obligation.
Presumption: Concurrence of Several
Creditors and Debtors
There is a presumption that the obligation
is joint. Each creditor is entitled to demand
his proportionate share.
When an Obligation is Solidary
1. When the obligation expressly so
states;
2. When the law requires solidarity;
3. When the nature of the obligation
requires solidarity.
Different Kinds of Solidarity
1. Active, among the creditors;
2. Passive, among the debtors; or
3. Mixed, among the creditors and the
debtors at the same time.
Active Solidarity
A tie among several creditors of one and
the same obligation by virtue of which

each of them, in relation to his cocreditors, possesses the character of

creditor only with respect to his share in
the obligation, but in relation to the
common debtor, represents all of the
other creditor.
Passive Solidarity
A tie among several debtors of one and
the same obligation by virtue of which
each of them, in relation to the common
creditor or creditors, represents all of the
other debtors, and in relation to his codebtors, possesses the character of debtor
only with respect to his share in the
obligation.
Remission of Solidary Obligation
Upon the obligation if the remission is
total, the entire obligation is extinguished.
If it is partial, the obligation is
extinguished in that part or aspect thereof
to which the remission refers.
Upon the solidary creditor The solidary
creditor responsible for the remission shall
be liable to the other solidary creditors for
the shares in the obligation corresponding
to them.
Upon the solidary debtors The effects of
remission are as follows:
1. If remission covers the entire
obligation, then the obligation is
totally extinguished and the entire
juridical relation among the debtors
is terminated altogether.
2. If the remission is for the benefit of
one of the debtors and it covers his
entire share in the obligation, he is
completely released from the
creditor or creditors, but he is still
bound to his co-debtors.
3. If the remission is for the benefit of
one of the debtors and it covers
only a part of his share, his
character as solidary debtor is not
affected.
Effect of Payment by One Debtor is
Solidary Obligation
There arises immediately a consequent
right of such debtor to claim from his codebtors the share of which corresponds to

them, with interest

already made.

for

the

payment

Defenses Available to Solidary Debtor

if Proceeded Alone
1. Defenses derived from the nature
of the obligation;
2. Defenses personal to him or
pertaining to his own share;
3. Defenses personal to the others,
but only as regards that part of the
debt for which the latter are
responsible.
Divisible and Indivisible Obligation
Divisible obligations are those which have
as their object a prestation which is
susceptible of partial performance without
the essence of the obligation being
changed.
Indivisible obligations, are those which
have as their object a prestation which is
not susceptible of partial performance,
because the essence of the obligation will
be changed.
Obligation with a Penal Clause
Is one with an accessory undertaking by
virtue of which the obligor assumes a
greater liability in case of breach of
obligation.

Penal Clause
Is an accessory obligation attached to a
principal obligation by virtue of which the
obligor is bound to pay a stipulated
indemnity or to perform an agreed
prestation for the purpose of insuring the
performance of the principal obligation.
Kinds of Penalties
1. Legal or conventional legal when
constituted
by
law
and
conventional when it is constituted
by agreement of parties;
2. Compensatory
or
punitive

Compensatory
when
it
is
established for the purpose of
indemnifying the damages suffered
by the oblige or creditor in case of
breach of the obligation; it is
punitive when it is established for
the purpose of punishing the
debtor in case of breach of the
obligation;
3. Subsidiary or joint subsidiary
when only the penalty may be
demanded in case of breach; it is
joint when the injured party may
demand the enforcement of both
the penalty and the principal
obligation.