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OBLIGATIONS 2) To demand that obligation be complied with at the expense of the debtor, and
3) Damages
Two Kinds of Quasi-Contracts 2. Involuntary – debtor is unable to comply with his obligation because of fortuitous event
a. Negotiorum Gestio Note: debtor is not liable for damages
Unauthorized management; this takes place when a person voluntarily takes charge of another’s
abandoned business or property without the owner’s authority.
b. Solutio Indebiti ◘ DELAY (MORA) – Incurred from the moment the obligee judicially or extra-judicially demands the
Undue payment; this tales place when something is received when there is no right to demand it, and it fulfillment of the obligation.
was unduly delivered thru mistake.
General Rule: There must be a demand before delay may be incurred.
4. Delict Exceptions:
See appropriate provisions of the Revised Penal Code (Art. 100 RPC). 1. Time is of the essence
Civil liability arising from crimes include restitution, reparation of damage caused and indemnity for 2. Obligation or law expressly declares
consequential damages. 3. Demand is useless as when obligor has rendered it beyond his power to perform
Effect Of Acquittal: if acquittal is due to reasonable doubt, there is no civil liability. If the acquittal 4. There is an acknowledgement of default
is due to exempting circumstance or there is preponderance of evidence, there is civil liability.
Classification of Delay (MORA)
5. Quasi-Delict 1. Mora solvendi (delay of the debtor)
It is a fault or act of negligence which causes damage to another, there being no pre-existing Mora sovendi ex person – demand is necessary.
contractual relations between the parties. Mora sovendi ex re – demand is not necessary.
2. Mora accepiendi (delay of the creditor)
Requisites of Obligation 3. Compensatio morae (mutual delay of the parties); has the effect of canceling the liabilities of
1. Juridical tie (vinculum juris) the parties.
2. Active subject (obligee or creditor)
3. Passive subject (obligor or debtor) Fraud (DOLO) – Must be present during the performance of the obligation and not fraud at the time of
4. Prestation (object of the obligation) the birth of the obligation (CAUSAL OR INCIDENTAL FRAUD).
Accessory Obligations Negligence (CULPA) – Consists in the omission of that diligence which is required by the nature of the
1. Exercise due diligence/preserve the thing circumstances of the persons of the time and of the place.
2. Delivery of fruits
3. Delivery of accessories and accessions Diligence Required
1. That agreed upon by the parties;
Rights of the Creditor: 2. In the absence of stipulation, that required by law in the particular case; and
A. Determinate Obligations: 3. If both the contract and law are silent, diligence of a good father of a family.
1) Specific performance and
2) Damages exclusive or in addition to the remedy at the option of the creditor Incidental Fraud Causal Fraud
B. Generic Obligations (Dolo Incidente) (Dolo Causante)
1) Specific performance Present during the performance of a pre-existing Present during the time of birth of the
obligation. obligation
Purpose is to evade the normal fulfillment of the Purpose is to secure the consent of the other to CONDITIONAL OBLIGATION
obligation. enter into a contract.
Results in the non-fulfillment or breach of the Results in the vitiation of consent. Effectivity is subordinate to the fulfillment or non-fulfillment of a future and uncertain fact of event.
obligation.
Gives rise to a right of the creditor to recover Gives rise to a right of an innocent party to Kinds of Conditions:
damages from the debtor. annul the contract. 1) Suspensive – fulfillment of the condition results in the acquisition of rights arising out of the
obligation
◘ FORTUITOUS EVENT – an event which could not be foreseen, or which, though foreseen is inevitable. 2) Resolutory - fulfillment of the condition results in the extinguishments of rights arising out of the
obligation
General Rule: No liability in case of fortuitous event. 3) Potestative - fulfillment of the condition depends upon the will of a party to the obligation
Exceptions: 4) Casual – fulfillment of the condition depends upon chance and/or upon the will of a third person
1. By contrary stipulation in the contract; 5) Mixed – fulfillment of the condition depends partly upon chance and/or the will of a third person
2. Declared by law; 6) Possible – condition is capable of realization according to nature, law, public policy and good
E.g. Art. 552(2), 1165(3), 1268, 1942, 2147, customs
2148 and 2159 of the Civil Code. 7) Impossible – condition is not capable of realization according to nature, law, public policy and
3. Nature of the obligation requires assumption of risk when expressly declared by law good customs
4. When the obligor is in default or has promised to deliver the same thing to 2 or more persons who 8) Positive – condition involves the performance of an act
do not have the same interest (Art. 1165(3)). 9) Negative – condition is susceptible of partial realization
10) Divisible – condition is susceptible of partial realization
Essential Characteristics of a Fortuitous Event 11) Indivisible – condition is not susceptible of partial realization
1. Cause is independent of the will of the debtor; 12) Conjunctive – where there are several conditions, all of which must be realized
2. Impossibility of foreseeing or impossibility of avoiding it to be foreseen even if foreseen; 13) Alternative – where there are several conditions but only one must be realized.
3. Occurrence renders it impossible for debtor to fulfill his obligation in a normal manner; and
4. Debtor is free from any participation in the aggravation of the injury to the creditor. Rule in Potestative Conditions
1. Before the fulfillment of the condition, the right which the creditor has already acquired by virtue
The lessee failed to employ reasonable foresight, diligence and care that would have exempted it from of the obligation is required by virtue of the obligation is subject to a threat of extinction.
liability resulting from the burning of the truck. Negligence as commonly understood, is that conduct 2. Upon fulfillment of the condition, the parties shall return to each other what they received
that naturally or reasonably creates undue risk or harm to others. It may be a failure to observe that including the fruits.
degree of care, precaution or vigilance that the circumstances justly demand. (Valenzuela vs. CA, 253
SCRA 303; Quibal vs. Sandiganbayan, 244 SCRA 224; Citibank vs. Gatchalian, 240 SCRA 212) or to do Loss, Deterioration and Improvement (During the Pendency of the Condition)
any other act that would be done by a prudent and reasonable person, who is guided by consideration 1. Loss
that ordinarily regulate the conduct of human affairs. (Layuga vs. IAC, 167 SCRA 363; Buillan vs. COA, Without debtor’s fault – obligation is extinguished.
300 SCRA 445; Minder Resources Development vs. Morillo, GR 138123, March 2002) With debtor’s fault – debtor pays damages.
In order that a common carrier may be absolved from liability where the loss, destruction or 2. Deterioration
deterioration or the goods is due to a natural disaster or calamity, it must further be shown that such Without debtor’s fault – obligation is extinguished.
natural disaster or calamity was the proximate and only cause of the loss (Art. 1739, NCC). There must With debtor’s fault – creditor may choose between the rescission of the obligation and its
be an entire exclusion of human agency from the cause of the injury or the loss. fulfillment with indemnity for damages in either case.
Moreover, even in cases where natural disaster is the proximate and only cause of the loss, a common 3. Improvements
carrier is still required to exercise due diligence to prevent or minimize loss before, during and after the By the thing’s nature or by time – improvement shall inure to the benefit of the creditor
occurrence of the natural disaster, for it to be exempt from liability under the law for the loss of the At the debtor’s expense – debtor shall have no other right that that granted to a usufructuary
goods (Art. 1739, NCC). If a common carrier fails to exercise due diligence or that ordinary care which
the occasion of a natural disaster, it will be deemed to have been negligent and the loss will not be A Thing is Lost when it:
considered as having been due to a natural disaster under Article 1734 (Philippine American General 1. Perishes;
insurance Co. vs. MGG Marine Services, Inc., GR 135645, Mar. 8, 2002) 2. Goes out of commerce (selling children as slaves, prohibited by law);
3. Disappears in such a way that its existence is unknown or it cannot be recovered (cargo sinks with
B. KINDS OF OBLIGATION ship).
1) Pure and Conditional
2) Obligation with a period Reciprocal Obligations
3) Alternative and Facultative Those which are created or established at the same time, out of the same cause, and which result in
4) Joint and Solidary mutual relationships of creditor & debtor between the parties
5) Divisible and indivisible
6) Obligation with a penal clause TACIT RESOLUTORY CONDITION
If one of the parties fails to comply with what is incumbent upon him, there is a right on the part of the
◘ PURE OBLIGATION other to rescind the obligation.
Effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or Right to Rescind
upon the expiration of a term or period. General Rule: The right to rescind needs judicial approval.
Exceptions: b. If one or more but not all of the things are lost or one or some but not all of the prestations
1. If there is an express stipulation of automatic rescission cannot be performed due to the fault of the debtor, creditor cannot hold the debtor liable for
2. When the debtor voluntarily retuned the thing damages because the debtor can still comply with his obligation
When Debtor Losses the Right to Make Use of the Period ◘ JOINT AND SOLIDARY OBLIGATIONS
1. He becomes insolvent, unless he gives a sufficient guaranty or security;
2. He does not furnish to the creditor the guaranties or securities he promised; Joint Obligation – Each debtor is liable only for the appropriate part of the debt, and each creditor is
3. By his own act he has impaired said guaranties or securities after their establishment, and when entitled only to a proportionate part of the credit.
through fortuitous event they disappear, unless he gives new ones equally satisfactory;
4. Debtor violates any undertaking, in consideration of which the creditor agreed to the period; or General Rule: Obligation is presumed joint if there is concurrence of 2 or more creditors in the same
5. Debtor attempts to abscond. obligation
Exceptions:
TERM CONDITION 1. Expressly stated to be solidary
1. Interval of time which is future & certain 1. Fact or event which is future and uncertain 2. Law requires solidarity
2. Interval of time w/c must necessarily come, 2. Future and uncertain fact or event w/c may or 3. Nature of the obligation requires solidarity
although it may not be known when may not happen
3. Exerts an influence upon the time of 3. Exerts an influence upon the very existence of Solidary Obligation – Each of the debtors are liable for the entire obligations and each of the
demandability or extinguishment of an obligation the obligation itself creditors are entitled to demand the whole obligation from any or all of the debtors.
4. Does not have any retroactive effect unless 4. Has retroactive effect
there is an agreement to the contrary Divisible Obligations – Those which have as their object a prestation which is susceptible of partial
5. When it is left exclusively to the will of the 5. When it is left exclusively to the will of the performance without the essence of obligation changed
debtor, the existence of the obligation is not debtor, the very existence of the obligation is
affected. affected. Indivisible Obligation – An obligation is not susceptible of partial performance.
Reciprocal Obligation – Created or established at the same time, out of the same cause, and which
result are mutual relationships of creditor and debtor between partners
◘ ALTERNATIVE OBLIGATION – Debtor may give the creditor wither one of several prestations (to Joint Divisible Obligations – each creditor can demand for the payment of his proportionate share of
give, to do, or not to do). the credit, while each debtor can be held liable only for the payment of his proportionate share of the
debt.
One to which an accessory undertaking is attached for the purpose of insuring its performance by virtue
of which the obligor is bound to pay a stipulated indemnity or perform a stipulated prestation in case of Note: The enumeration is not exclusive. Other modes not found
breach. in Art. 1231 are:
1. Death
General Rule: The penalty fixed by the parties is a compensation or substitute for damages in case of
breach of obligation. 2. Discharge in cases of insolvency
Exceptions: (Cases where creditor can recover penalty plus damages) 3.Discharge under Negotiable Instruments
1. Stipulation to contrary Law
2. Obligor is sued for the refusal to pay the agreed penalty; and 4. Fortuitous event
3. Obligor is guilty of fraud.
5. Mutual desistance (mutuo disenso)
Purpose Penalty Clause
1. To insure the performance of the obligation
2. To liquidate the amount of damages to be awarded to the injured party in case of breach of the
principal obligation.
3. In certain exceptional cases, to punish the obligor in case of breach of the principal obligation
◘ PAYMENT OR PERFORMANCE 1) One debtor and one creditor;
2) Two or more debts of the same kind;
General Rule: Creditor is not bound to accept payment or performance by a third person. 3) All debts must be due; and
Exceptions: 4) Amount paid by the debtor must not be sufficient to cover the debts
1. When made by third person who has an interest in the fulfillment of the obligation; and
2. Contrary stipulation. General Rule: The right to designate the debt to which the payment shall be applied primarily belongs
to the debtor.
Exception: If the debtor does not avail of such right and he accepts from the creditor a receipt in
Rights of a Third Person Who Paid the Obligation of Another which the application is made.
In dacion en pago, properties are alienated to the creditor in satisfaction of a debt in money. (Art. 1245,
To Whom payment must be made: NCC). It is “delivery and of a thing by a debtor to the creditor as an accepted equivalent of the
1. The third person whose favor the obligation has been constituted performance of the obligation “It extinguishes the obligation to the extent of the value of the thing
2. His successor in interest delivered, either as agreed upon by the parties or as may be proved, unless the parties by agreement,
3. Any person authorized to receive it. expressed or implied, or by their silence, considered the thing as equivalent to the obligation, in which
case the obligation is totally extinguished. (Caltex [Philippines], Inc. vs. IAC, 215 SCRA 580)
General Rule: If payment is made to a person other than those enumerated, it shall not be valid.
Exceptions:
i. Payment made to a 3rd person, provided that it has redounded to the benefit of the creditor.
ii. Payment made to the possessor of the credit, provided that it was made in good faith.
LEGAL TENDER
Such currency which may be used for the payment of all debts, whether private or public.
Legal tender of the Philippines would be all notes and coins issued by the Central Bank
COINS: Section 52, RA No. 7653
1. 25 cents and above, legal tender up to P50
2. 10 cents and below, legal tender up to P20
1) Application of Payment
Designation of the debt to which the payment must be applied when the debtor has several obligations
of the same kind in favor of the same creditor
Requisites: