GR 138814, 2009
Q: Why are obligations under Civil Code a
juridical necessity?
A pleading should state the ultimate facts essential to the rights of action
or defense asserted, as distinguished from mere conclusions of fact or
conclusions of law.
Note: The gestor shall not be liable for (e) and (f) if the
management was assumed to save the property or business
from imminent danger.
(5) Be personally liable for contracts which he entered
into with third persons, even though he acted in the
name of the owner, and there shall be no right of action
between the owner and third persons.
The gestor shall not be personally liable for such
contracts, provided:
(a) The owner has expressly or tacitly ratified the
management, or
(b) When the contract refers to things pertaining to the
owner of the business. [Art. 2152]
If the owner did not derive any benefit and there was no
imminent and manifest danger to the property or
business, the owner would still be liable for the
abovementioned obligations and expenses, provided:
(5) The gestor has acted in good faith; and
(6) The property or business is intact, ready to be
returned to the owner. [Art. 2151]
EFFECT OF RATIFICATION
The ratification of the management by the owner of the
business produces the effects of an express agency,
even if the business may not have been successful.
[Art. 2149]
EXTINGUISHMENT OF MANAGEMENT
(1) When the owner repudiates or puts an end thereto
(2) When the gestor withdraws from the management,
subject to Art. 2144
(3) By the death, civil interdiction, insanity or insolvency
of the owner or the gestor. [Art. 2153]
SOLUTIO INDEBITI (UNDUE PAYMENT)
A) Restitution
B) Reparation of damage caused
C) Indemnification for consequential damages (RPC
104)
Every Crime gives rise to:
AS TO SOURCE
In Air France v. Carrascoso (124 Phil. 722), the private respondent was awarded
damages for his unwarranted expulsion from a first-class seat aboard the petitioner
airline. It is noted, however, that the Court referred to the petitioner-airline's liability as
one arising from tort, not one arising form a contract of carriage. In effect, Air France is
authority for the view that liability from tort may exist even if there is a contract, for
the act that breaks the contract may be also a tort. This view was not all that
revolutionary, for even as early as 1918, this Court was already of a similar mind. In
Cangco v. Manila Railroad (38 Phil. 780), Mr. Justice Fisher elucidated thus: “When
such a contractual relation exists the obligor may break the contract under such
conditions that the same act which constitutes a breach of the contract would have
constituted the source of an extra-contractual obligation had no contract existed
between the parties.”
(Regino v. Pangasinan College, GR 156109, 2004)
Quasi-delict, known in Spanish legal treatises as culpa
aquiliana, is a civil law concept while torts is an Anglo-
American or common law concept. Torts is much broader
than culpa aquiliana because it includes not only
negligennce, but intentional criminal acts such as assualt and
battery, false imprisonment and deceit. In the general
scheme of the Philippine legal system envisioned by the
Commission responsible for drafting the New Civil Code,
intentional and malicious acts with certain exceptopms, are to
be governed by the Revised Penal Code while negligent acts
or omissions are to be covered by Article 2176 of the Civil
Code. In between these opposite spectrums are injurious
acts which, in the absence of Article 21, would have been
beyond redress. Thus, Article 21 fills that vacuum [Baksh v.
CA (1993)].
Cangco v. Manila Railroad (1918): The concept of
quasi-delict does not cover intentional acts. The
liability arising from from extra-contractual culpa is
always based upon a voluntary act or omission,
which, without willful intent, but by mere negligence or
inattention, has caused damage to another.
Art. 2186. Every owner of a motor vehicle shall file with the
proper government office a bond executed by a government-
controlled corporation or office, to answer for damages to
third persons. The amount of the bond and other terms shall
be fixed by the competent public official.
“Owner” shall mean the actual legal owner of the motor
vehicle, in whose name such vehicle is duly
registered with the LTO. Registration of motor
vehicles is required not because it is the operative act
which transfers ownership in“Owner” shall mean the
actual legal owner of the motor vehicle, in whose
name such vehicle is duly registered with the LTO.
SPECIFIC PERFORMANCE
The creditor has a right to compel the debtor to perform
the prestation.
SUBSTITUTED PERFORMANCE
A third person may perform another’s obligation to
deliver a generic thing or an obligation to do, unless it is
a purely personal act, at the expense of the debtor.
RESCISSION (RESOLUTION IN RECIPROCAL
OBLIGATIONS) Art. 1191. The power to rescind
obligations is implied in reciprocal ones, in case one of
the obligors should not comply with what is incumbent
upon him.
The injured party may choose between the fulfillment
and the rescission of the obligation, with the payment of
damages in either case. He may also seek rescission,
even after he has chosen fulfilment, if the latter should
become impossible.
The court shall decree the rescission claimed, unless
there be just cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights
of third persons who have acquired the thing, in
accordance with articles 1385 and 1388 and the
Mortgage Law.
Rescission – the unmaking of a contract, or its undoing
from the beginning, and not merely its termination
[Pryce Corp v Pagcor, 2005]
Accion Directa
Subsidiary liability of sublessee to the lessor for rent
due from the lessee
Art. 1652. The sublessee is subsidiarily liable to the
lessor for any rent due from the lessee. However, the
sublessee shall not be responsible beyond the amount
of rent due from him, in accordance with the terms of
the sublease, at the time of the extra-judicial demand by
the lessor.
Requisites:
1. Obligation must be liquidated, due and demandable
2. Non-performance by the debtor within the period
agreed upon
3. Demand, judicial or extra-judicial, by the creditor,
unless demand is not necessary under the
circumstances enumerated in Art 1169 par (2).
There is no mora solvendi in:
Effects:
1. The debtor is liable for damages. [Art. 1170]
2. For determinate objects, the debtor shall bear the risk
of loss, even if the loss is due to fortuitous events.
Mora accipiendi – Delay on the part of the creditor to
accept the performance of the obligation
Requisites:
(1) Debtor offers performance.
(2) Offer must be in compliance with the prestation as it
should be performed.
(3) Creditor refuses performance without just cause.
Mora Accipendi:
Effects:
(1) The responsibility of the debtor is reduced to fraud
and gross negligence.
(2) The debtor is exempted from risk of loss of the thing,
which is borne by the creditor.
(3) The expenses incurred by the debtor for the
preservation of the thing after the mora shall be
chargeable to the creditor.
(4) If the obligation bears interest, the debtor does not
have to pay from the time of delay.
(5) The creditor is liable for damages.
(6) The debtor may relieve himself of the obligation by
consigning the thing.
Compensatio morae – Delay of both parties in
reciprocal obligations.
Effects:
1. Delay of the obligor cancels delay of obligee (and
vice versa) hence it is as if there is no default.
2. The liability of the first infractor shall be equitably
tempered by the courts. If it cannot be determined
which of the parties first violated the contract, the same
shall be deemed extinguished, and each shall bear his
own damages. [Art. 1192]
2) As to cause/ origin
a. Potestative
b. Casual
c. Mixed
(1)As to effect:
From the moment the time indicated has elapsed without the
event taking place;
From the moment it has become evident that the event cannot
occur, although the time indicated has not yet elapsed.
Doctrine of Constructive Fulfillment of Suspensive
Conditions
Retroactive statute
LOSS
debtor without fault – obligation is extinguished
debtor with fault – obligation to pay damages
DETERIORATION
debtor without fault – impairment is to be borne by the creditor
debtor with fault – creditor chooses: rescission of obligation,
fulfillment, indemnity
IMPROVEMENT
by nature or time – improvement: inure to the benefit of the
creditor
at the expense of the debtor – granted to the usufructuary