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F. 1. The delivery of something or anything T 9.

A civil obligation arises when a minor


It must be licit and may be the prestation of a valid who has entered into a contract w/o
within the commerce of obligation. the consent of parent/guardian
men. voluntarily pays a sum of money in
fulfillment of the obligation and
F. Contract 2. The source of obligation of a school obligee has spent it in gf.
for injuries suffered by a student who
was mauled inside the campus by a F. Civil obligation. 10. A natural obligation arises when
stranger is quasi-delict. Art. 1243. Payment made debtor pays the creditor after a judicial
to the creditor by the order for debtor to retain the debt.
F. Not liable to pay 3. A son-in-law who brings his mother-in- debtor after the latter
(under 2167, yung law to a hospital for treatment shall be has been judicially
mother-in-law general liable under the law to pay for the ordered to retain the
rule) hospital bills. debt shall not be valid
T 4. An obligation based on quasi-delict T 11. The obligation arising from a contract
may arise from the performance of a of loan is unilateral.
contract.
T. 12. It is essential in bilateral reciprocal
F. Obliged is the general 5. The officious manager in negorotium obligations that both arise from the
rule under 2144. (EXC: gestio has no obligation to the owner same source.
This juridical relation if he acts in good faith.
does not arise in either F. Not cyclic 13. An obligation arising from a contract
of these instances: of commodatum is an example of
(1) When the property or cyclic obligation.
business is not
neglected or T. 14. A divisible obligation is susceptible of
abandoned; partial performance.
(2) If in fact the manager
has been tacitly F. Integrity of obligation. 15. Identity of obligation requires that the
authorized by the performance must be complete.
owner.)
F. Specific lang. 16. In obligations to give specific/generic
T 6. A moral obligation is also referred to things, the obligor must perform in GF
as an imperfect obligation because it the principal and all accessory
has no legal consequence. obligations.

F. Civil lang. Natural 7. Civil and moral obligations may T 17. As a general rule, an obligation to do
obligation there is a become natural obligations. may be performed by another at the
juridical tie and may debtor's expense.
legal effect if voluntarily T 18. There is no legal accessory obligation
fulfilled. Sa moral, wala. in an obligation not to do.
T 8. A civil obligation that lapsed by F. 19. An obligation not to do can be
extinctive prescription ipso facto performed by a delegate.
becomes a natural obligation.

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F. Action may be filed 20. Any action for a breach of an F. The obligation was 30. If debtor promised to deliver a big
based on the principle of obligation is premature if there is no generic. carabao to creditor/agent, the death of
anticipatory breach as actual breach upon the expiration of debtor's 1 and only big carabao in a
enunciated in the case the prescribed period for flood extinguished his obligation.
of Blossom and Co. vs performance.
Manila Gas Corp. T 31. The unreasonable suspension of a
bank's operations by CB may be a
F. Recovery of damages 21. F r a u d i n t h e p e r f o r m a n c e o f Government prohibition fortuitous event to excuse the bank
contractual obligation may result to an is a fortuitous event. from performing its obligation to a
annulment of the contract. depositor.

F. Annulment of contract 22. Fraud in the performance of an F. 32. An impossible condition shall not
is only a remedy in dolo obligation and deceit in celebration of affect the validity of an onerous or
incidente (one a contract are similar in the sense that It shall affect. gratuitous obligation.
committed in the an action for annulment is a common
performance of an remedy. T. 33. The imposition of a potestative
obligation). resolutory condition will not affect the
validity of the obligation.
F. Prohibition only refers 23. A cause of action based on fraud
to future fraud. committed in the execution of an F. Under Art 1188, the 34. P e n d i n g t h e h a p p e n i n g o f a
obligation cannot be waived. creditor may, before the suspensive condition, the creditor
fulfillment of the could not avail of any action against
F. Only positive 24. T h e r e c o u l d b e d e l a y i n t h e condition, may bring the debtor.
obligation. performance of a negative obligation. appropriate actions for
the preservation of his
rights.
T 25. There is no delay in the performance
of alternative obligations. T 35. The debtor may recover what he pays
voluntarily before fulfillment of the
F. 26. In an obligation not to do, there could condition.
be specific performance.
F. The obligation will be 36. In case of a positive suspensive
T 27. An unpaid seller may avail of extinguished. condition, the obligation becomes
extrajudicial remedies for breach of effective upon lapse of the time
buyer's obligations. indicated or when it becomes evident
the event cannot occur.
T 28. Mechanical defects of a vehicle and
tire blowout are not fortuitous events. T. 37. The loss of the thing due pending the
happening of a suspensive condition
F. Carnapping per se 29. Carnapping per se is a fortuitous will give the creditor the right to
does not foreclose the event. rescind w/ damages.
possibility of negligence
on the part of the owner F. Unless deterioration is 38. The detoriation of the thing due
or possessor of the car due to the fault of the pending the happening of a
(Sicam vs Jorge, 2007 debtor. suspensive condition will give the
case) creditor thte right to rescind w/
damages.

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F. 39. A single breach is sufficient for the F. Art. 1245 Dacion is 49. The rules applicable to facultative
rescission of an installment sale of a governed by law on obligations are the asme as the rules
movable. sales. (p. 246 Jurado on dation in payment.
Oblicon.
T. 40. A single breach is not sufficient for the In facultative, right of
rescission of the installment sale of an choice pertains to
immovable. debtor. In dacion,
consent of creditor is
T. 41. Rescission under 1191 applies only to needed.
reciprocal obligations.
F. In facultative 50. The choice to substitute in a
T. 42. Rescission under 1191 may be obligations, the right of facultative obligation may be given to
refused by the court. choice pertains only to the creditor.
F. A period is a day 43. A period may refer to a past unknown the debtor. It is in
certain and must event because even if unknown, it alternative obligations
necessarily come, already happened. where the right of choice
although it may not may pertain to the
know when. ( par 3, Art creditor or a third
1193) person.

T. 44. The creditor may reject advance F. 51. In a solidary obligation, there is
payment in an obligation w/ a period. mutual agency among debtors.

T. 52. An obligation is a juridical necessity to


T. 45. There is no retroactivity in an
do or not to do, to give or not to give.
obligation subject to a resolutory
condition. T. 53. Obligations arising from valid,
voidable and rescissible contracts
F. Under Art 1200 The 46. If the debtor in an alternative
have the force of law between the
right to choose belongs obligation does not choose, the
contracting parties and should be
to the debtor unless creditor may choose the prestation to
complied w/ in GF.
expressly granted to the be delivered.
creditor. F. Art. 1423 54. Exceptionally, natural obligations can
be enforced by court action to prevent
T. 47. In an alternative obligation, the
unjust enrichment.
election becomes operative only when
communicated to the other party. F. Art. 1423. Natural 55. Civil obligations derive their binding
F. The creditor may 48. If by the debtor's fault all alternative obligations are based on force from positive law, while natural
demand the value of any prestations were lost, the creditor may equity and natural law from divine law.
object lost BUT not if the demand the value of any object lose F. 56. A driver of a car, who was not able to
first object was lost even if the first object was lost control the car due to negligent act of
through fortuitous through a fortuitous event. truck driver in encroaching upon his
event. lane is liable for damages for injuries
suffered by the passengers of a
jeepney it hit.

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F. 57. In order that demand may not be F. In Tan Chiong case, 61. When the negligence of a person
necessary, it is required that the when the negligence of concurs w/ the act of God in
obligation or the law expressly states the carrier concurs with producing a losee, such person is
the demand shall not be necessary. an act of God producing exempt from liability by showing that
loss, the carrier is not the immediate cause of damage was
F. Art. 1174 provides, 58. 1174 exempts an obligor from liability exempted from liability the act of God.
also, those though on account of fortuitious events or by showing the
foreseen but are force majeure, refers only to immediate cause of the
inevitable. unforseeable events. damage was the act of
God. When the loss is
F. Under Cuizon vs. CA, 59. A court can stipulate for the parties or caused by the act of
it is not in the province amend the agreement where the God, if the negligence of
of the court to alter a same contravents law, morals, good the carrier mingles with
contract by construction customs, public order or policy. it as an active and
or to make a new cooperative cause, he is
contract for the parties. still liable (p. 89 Jurado
Its duty is confined to Oblicon). To constitute a
the interpretation of the fortuitous event that
one which they have would exempt a person
made for themselves from responsibility, it is
without regard to its necessary: that xxx (4)
wisdom or folly as the the obligor (debtor)
court cannot supply must be free of
material stipulations or participation in, or
read into the contract aggravation of the injury
words which it does not to the creditor.
contain. (p. 812 Jurado
Reviewer) F. Dolo incidente refers 62. Dolo incidente or incidental fraud
to deceptions not must be serious and w/o which the
T. 60. Robbery may be considered a serious in character and other party would still have entered
fortuitous event. without which the other the contract.
party would still have
entered into the
contract.

T 63. One who negligently creates a


dangerous condition cannot escape
liability for the natural and probable
consequences thereof, although the
act of a 3rd person, or an act of God
for which he is not responsible
intervenes to precipitate hte loss.

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F. Not liable for the 64. Where a natural disaster is hte only F. Art. 1176 provides 65. The receipt of the principal by the
‘entire’ loss. Article and proximate cause of a loss, the “shall give rise to the creditor, w/o reservation w/ respect to
1739. In order that the failure of a common carrier to presumption”. Not the interest, shall give rise to a
common carrier may be exercise due diligence to minimize “conclusive conclusive presumption that said
exempted from loss before during, and after the presumption.” There interest has been paid.
responsibility, the occurence of a natural disaster, shall only arises a disputable
natural disaster must make it liable for the entire loss. presumption. (p. 102
have been the proximate Jurado Oblicon)
and only cause of the
loss. However, the T 66. The person using violence or causing
common carrier must fear to make another perform a
exercise due diligence criminal act, shall be primarily liable
to prevent or minimize for the civil obligation arising
loss before, during and therefrom.
after the occurrence of
flood, storm or other F. Art. 1166. Obligation 67. The obligation to give a determinate
natural disaster in order to give a determinate thing includes that of delivering all the
that the common carrier thing includes that of accessions and accessories only if
may be exempted from delivering all its they have been mentioned.
liability for the loss, accessions and
destruction, or accessories, even
deterioration of the though they may not
goods. The same duty is have been mentioned.
incumbent upon the
F. Art. 1182. When the 68. When the fulfilment of the condition
common carrier in case
fulfilment of the depends on the sole will of debtor or
of an act of the public
condition depends upon creditor, obligation shall be void.
enemy referred to in
the sole will of the
article 1734, No. 2.
debtor, the conditional
Article 1741. If the
obligation shall be void.
shipper or owner merely
contributed to the loss, T. 69. Before the resolutory condition
destruction or happens, the party who has a right is
deterioration of the practically in the same position as one
goods, the proximate who has an obligation subject to
cause thereof being the suspensive condition.
negligence of the
common carrier, the T 70. If the improvement was at the
latter shall be liable in expense of the debtor, he shall have
damages, which the same rights as a usufructuary.
however, shall be
equitably reduced.

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F. The student is in 71. For purposes of liability, the school T. 75. If time is of the essence, the creditor
custody of the school exercises custody over a minor may rescind the obligation even if the
authorities as long as he student doing his assignment at debtor is ready to perform a day after
is under the control and Starbucks. the designated period.
influence of the school
and within its premises T 76. A donation made to 3rd party a year
(Amadora vs. CA); They before the obligation of debtor to
are at attendance in the creditor was established cannot be
school, including recess rescinded.
time.
F. Fortuitous event is an 77. A collision of a barge w/ a bridge
F. Art. 1163. Every 72. A travel agency must observe EO event which could not support of Ayala bridge along Pasig
person obliged to give diligence in performing its obligation be foreseen or which river is a fortuitous event.
something is also to process travel docs. though foreseen, were
obliged to take care of it inevitable. It does not
with the proper diligence fall within the meaning
of a good father of a of FC.
family, unless the law or
the stipulation of the T 78. Throwing of stones by mischievous
parties requires another boys which broke the windshield of a
standard of care. taxi causing it to turn turtle is a valid
Art. 1173 (2nd par) If the defense against liability of injuroes
law or contract does not suffered by a passenger.
state the diligence which T 79. The standard precautionary release of
is to be observed in the waters of a dam to avoid spillover is a
performance, that which valid defense against flood damage
is expected of a good claims.
father of a family shall
be required. Enumeration:
• Instances when a debtor is liable notwithstanding a fortuitous event
1. Expressly declared by law
F. Art. 1169. Those 73. There is no delay when a lessee, who 2. Obligor or debtor delays
obliged to deliver or to failed to pay his monthly rent for 10 3. O/D promised to the same thing to 2 or more persons who do not have the
same interest
do something incur in mos, pays immediately upon demand.
4. Obligor is at fault
delay from the time the 5. Stipulation or agreement that the obligor will not be excused even if the cause
obligee judicially or is fortuitous event
extrajudicially demands 6. Assumption of risk
from them the fulfilment 7. Generic thing to be delivered
of their obligation. • Requisites of mora solvendi.
1. Positive obligation
F. 74. A property owner may file an action 2. Demandable and liquidated obligation
for specific performance against a 3. Delay by obligor for reasons imputable to him
In obligation to do, no contractor who fails to commence 4. Demand extra or judicial
specific performance. construction within a reasonable • Instances when consignation may be made without tender
1. Creditor to whom tender of payment has been made refuses without just cause
period of time after signing of the
to accept it
contract even if no specific period was 2. Creditor is absent or unknown, or does not appear at the place of payment;
agreed upon. 3. Creditor is incapacitated to receive the payment at the time it is due;
4. Creditor refuses to give a receipt, without just cause
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5. 2 or more persons claim the same right to collect;
6. Title of the obligation has been lost.
• Requisites of payment by cession.
1. 2 or more debts
2. 2 or more creditors
3. 1 insolvent debtor
4. Abandonment by debtor of his properties in favor of creditors
5. Acceptance of creditors
• Instances when penalty can be equitably reduced (7)
o Partial performance or irregular performance
o Iniquitous or unconscionable penalty agreed upon
• Instances when law provides a direct action against the debtor's debtor (4)
(Requisites of subrogatory ba to?)
o Creditor has a right of credit against the debtor although not yet liquidated
o Due and demandable credit
o Failure of debtor to collect from 3rd persons or debtor of debtor
o Insufficient assets of debtor
o Rights and actions are not purely personal
• Distinction between rescission of contracts in fraud of creditor and rescission/
resolution under art 1191 (6)
Resolution 1191 Rescission 1380

Valid and existing contracts Same

1 party to the contract demands Party suffering lesion or 3rd party


prejudiced demand

Non performance is a ground Equity grounds

Court determines sufficiency o Sufficiency of reason does not affect


reason to justify extension of time to right to ask for rescission
perform obligation

Reciprocal obligations Unilateral or reciprocal

Principal remedy Subsidiary remedy


• Requisites of application of rule on fortuitous events (4)
1. Independent of the human will or at least of debtor’s will
2. Unforeseen or if foreseen, is inevitable
3. Impossible for debtor to comply w/ his obligation in a normal manner
4. Free from any participation in or aggravation or, the injury to the creditor or no
concurrent negligence on his part↓

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