A - General Provisions (1156-1162)

Question 1

what are the type of prescription?

Answer 1

extinctive & acquisitive prescription

Question 1

Delta borrowed 100k from Charlie payable 15 years ago as evidence by the promissory note. –may delta recover what she paid to charlie? If so, on what ground may delta recover waht hse paid?

Answer 1

Delta has no more legal obligation and civil obligation because charlie lost the right to compel performance

Question 2

what is required to collect interest.

when you borrow money from a creditor and an imposed annual interest. that is called? [a]

if failed to and suffered loses, it is called [b]

Answer 2

moratory/monetary interest

compensatory interest

Question 3

for montery interest to be demandable, what is the rule

Answer 3

it has to be in writing

it is not enough for there to be agreement, it can never be demandable unless it is not stipulated in writing.

Question 4

so are commonpeoplpe suppose to know the law?

Answer 4

“ignorance of the law excuses no one from compliance therewith.” Art 3 Civil Code

Question 5

1424-1430 is not an exclusive list

Question 6

“to do to not to do”

Answer 6

personal obligation

Question 7

involves the delivery of an object (car, book, money) is called

Answer 7

real obligation

Question 8

significance of determining real and personal obligations?

Answer 8

the remedies are different

Question 9

if money

Answer 9

debtor creditor

Question 10

if generic

Answer 10

obligee, obligor

Question 11

loan

Answer 11

borrow, lender

Question 12

art 1170

‘in any manner contravene the tenor thereof’ - no delivery is made

delayed delivery is fine.

Question 13

what is the specific performance?

Answer 13

compelling obligor to do that which is contemplated in the obligation

[ex]
if there is non delivery of lechon, you go to court, and court will supply to deliver

Question 14

contractor failed to build house for occupancy on jan 1 2024. there is failure to perform a personal obligation

can you go to court and ask court to make them finish?

Answer 14

no. specific performance is not the remedy.

substituted perforamnce - someone does it and the charge will be on the first contractor (if you haven’t paid)

Question 15

other situation (if you paid ahead 50millino) what is the remedy -

what was built was only 3 poles

Answer 15

remedy is to sue the 49.9 millino + damages to the first contractor

Question 16

situation: repair of alaptop - actual expenses, loss of income

substituted performance

Question 17

if subsituted performance is no longer an option, there are personal obligation that only the obligor can perform

taylor swift didn’t perform in contract. substituted performance is not a remedy.

Answer 17

equivalent performance is in the form of damages and damages because of penalties

Question 18

obligations where time is essence, lechon and nothing for sinulog, yo ucan’t get the time back for subtituted performance so the remedy is

Answer 18

equivalent performance

Question 19

may the private complainant in an estafa case file a separate civil action to collect sum of money during the pendency of the estafa case?

this preludes to sources of obligations

Question 20

JAN 17

Answer 20

JAN 17

Question 22

case on husband and wife bound by law to support one another

Answer 22

pelayo v. lauron

Question 23

case where an employee, when injured in work may either receive compensation from employer or sue the one who caused the injury

Answer 23

bautista v. borromeo

Question 24

case where plaintiff, father of defendant sued his son claiming the vessels he bought under his son’s name is his

Answer 24

martinez v martinez

Question 25

what are the name of the vessels

Answer 25

balayan & ogonya (enye)

Question 26

what if the son defendant was a minor? what would happen then?

Answer 26

according to article 161, if the son was a minor, then ownership should be of the father

article 161 “the ownership or enjoyment of property acquired by a minor with funds of his parents, pertain to the latter.”

Question 27

Services were rendered and accepted without any contract.

Facts: On various occasions, X rendered services to Y as interpreter of English. No written contract was entered into between the parties for the employment of X as interpreter. There was no evidence as to whether X’s services were solicited, by Y or whether they were offered to Y, but there was no question X rendered and Y accepted the benefits of the services.

Issue: Is Y under obligation to pay X just compensation for the services?

Answer 27

Held: Yes. It was with the express or tacit consent of Y that X rendered him services as interpreter. As it did not appear that X rendered the same gratuitously, Y has the duty to pay X just compensation therefor by virtue of the innominate contract of facio ut des implicitly established.

The obligations arising from the contract are reciprocal and apart from the general provisions with respect to contracts and obligations, the special provisions concerning contracts for lease of services (Arts. 1689-1731.) are applicable by analogy.

(Perez vs. Pomar)

Question 28

can a prostitute cite perez v pomar when she gave her service by tacit or implied consent to a customer considering there was a mutual benefit?

Answer 28

no, such service is contrary to law or good custom.

Question 29

article where parties may stipulate anything provided that it is not contrary to the law and assigned case

LB

Answer 29

article 1306

Maritime Company v Reparations Commissions

Question 30

article and case stating that monterary intrest is ONLY allowed IF stipulated in writing. no agreement on interest = no interest.

Answer 30

article 1956

Question 31

article, latin, and a case where when something that is not legally obliged to give, is given, the receiver has an obligation to return it

Answer 31

article 2154 “if something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.”

siga-an v. villanueva

solutio indebiti

Question 32

article pertaining to crime resulting in physical injruies, moral damages may be recovered independently of the criminal action

Answer 32

arti 33

Question 33

article where it states that “except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of ris, no person shall be responsible for those events which could not be doreseen, or which though foreseen, were inevitable

Answer 33

article 1174

Question 34

article stating

whoever by 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 is governed by the provision of this Chapter

Answer 34

2176 article

Question 35

Where the car was driven by an unlicensed chauffeur, the breach of the contract of carriage cannot be said to be due to a fortuitous event.
Facts: X, engaged in the business of carrying passengers for hire, undertook to convey B and C from one point to another in an automobile. The automobile was operated by a licensed chauffeur who later allowed his assistant who had no license but had some experience in driving, to drive the car. Defects developed in the steering gear and after zigzagging for a distance, the car left the road and went down a deep embankment. B and C suffered physical injuries.

Issue: Is X liable in damages?

Answer 35

Held: Yes. X’s liability is contractual. By entering into the contract of carriage, X bound himself to carry B and C safely and securely to their destination and having failed to do, he is liable in damages unless he shows that the failure to fulfi ll his obligation was due to causes mentioned in Article 1605. (now Art. 1174.) Upon the facts stated, the breach of the contract was not due to fortuitous events. (Lasam vs. Smith, 45 Phil. 657 [1923].)

Question 36

is the acquittal of criminal liability the acuital of civil liability?

Answer 36

no. in the case of elcano v hill

Question 37

LB of parents being liable for the quasi-delict acts of their children. case

Answer 37

art 2180

elcano v. hill

Question 38

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

Answer 38

article 1158

Question 39

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a)

Answer 39

article 1159

Question 40

A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1254a)

Answer 40

1305

Question 41

Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another

Answer 41

article 2142

Question 42

LECTURE / RECIT TIME

Question 43

can you be bound to fulfill a promise that has not been put in writing?

Answer 43

yes (perez v pomar)

Question 44

is it true to all transaction?

Question 45

what do you call the contract in the case of perez and pomar?

Answer 45

innominate contracts (1307)

Question 46

i give that you may do - latin

Answer 46

do ut facias

Question 47

i do that you may give

Question 48

if you were the counsel for pomar, what would be the best evidence to deny the claim of perez?

if i render service, when would compensation be done?

Answer 48

that the rendition of service is

Question 49

give example of rendition of service without compensation

Answer 49

rendition thru generosity

Question 50

article 2207 provides

Answer 50

when you insure your property, the insurance

Question 51

what is the claim of x? (meaning what is obligation)

Question 52

conventional subrograion

Answer 52

allow party to be placed in your shoes by agreement

Question 53

but 2207 is a subrogration is not based on agreement but on the law

Question 54

who is the insurer in the case of bautista v borromeo

Answer 54

the employer borromeo is the iinsurer

Question 55

there is one important principle

Answer 55

1. there is no agreement/consent becausei t was mandated and imposed upon us by the law

Question 56

if you were the lawyer of the father francisco martinez v pedro martinez, what would be a good defense (a)

what is the law that

Answer 56

PRINCPIcourt said rights/obligations that is based on law

Question 57

PRINCIPLE OF MARTINEZ

Answer 57

rights/obligations is NEVER PRESUMED. what then does it imply?

Question 58

if you claim obligation basis is law, you then have a burden to prove it

like syaing you have right under the law then you must also prove that

Question 59

how to claim a right in law

Answer 59

1. locate the provision of the law as basis of the allege right or obligaiion
2. the vested or creation of obligation msut be categorical must be shown - you can’t assume in unclear phrases that a riht

Question 60

in which portion of the the civil code determines who owns what?

Answer 60

609 (old)
712 (new civil code)

enuumerates the modes of acquiring property. - so if youre the lawyer of francisco then you must anchor in the law the MODES OF ACQUIRING ownership (donation, succession) among others

but francisco’s claim is the mere fact that he paid isn’t recognized by law

Question 61

lawyer of francisco should have bene

Answer 61

breach of trust (

Question 62

why is quasi-contract an almost a contract

Answer 62

consequences are similar if there had been a contract that’s why we can say that the other party is obliged.

Question 63

what are the types of quasi-contract

Answer 63

negotiorum gestio (unauthorized management)

solutio indebiti (payment by mistake)

Question 64

negotiorum gestio example of you saving your neighbors cow from the storm

Answer 64

1. the fact cow was saved
2. damage of the cow for eating your veggies

Question 65

negotiorum gestio and solutio indebiti is based on

Answer 65

EQUITY: unjust enrichment principle

no one shall unjustly enrich himself at the expense of the other.

Question 66

what is the basis of the demand in the case of siga-an v villanueva

Question 67

how would you distinguish last monday’s talking about natural obligation where there is voluntary fulfilment, there is no right to recover what was paid

Question 68

how should solutio indebiti apply?

Answer 68

• solutio indebiti (remember it is a quasi-contract) so there MUST BE NO CONTRACT to begin with.

Question 69

grace baptist national asignatory case insofar as the equity

Answer 69

effect of perfection of the contract
Until the contract is perfected, it cannot, as an independent source
of obligation, serve as a binding juridical relation.

• they have introduced improvements
• it was with the knowledge of the NHA
• occupied for a long time

Question 70

grace baptist church’s

• they have introduced improvements
• it was with the knowledge of the NHA
• occupied for a long time

what did the court say?

Answer 70

court denied

equity is applied when there is no law/provision

Question 71

when is equity (quasi-contract) ((no contract to begin with))
applied?

Answer 71

absence of law

if there is provisions in law, then equity doesn’t apply

Question 72

when is there ‘meeting of minds’ or elemebts of contract

Answer 72

agree on the
- consent
- object
- consideration

Question 73

if you commit a crime, there accompanies civil liability. where can you find that?

Answer 73

article 100 - every person who is criminally liable is civilly liable

aka civil liability ex delito

Question 74

civil liability obligations arising from crime

Answer 74

civil liability ex delito

Question 75

what consists of civil liabiity ex delito?

Answer 75

101

restitution - return
reparation - pay for repair
indemnification - moral damages

Question 76

examples of crimes that do not have private offended parties

Answer 76

illegal gambling, gun ban,

Question 77

difference between delict and quasi-delict

Answer 77

the actor had the freedom to do it. which holds true (freedom) in culpa and dolo

ex. freedom to drive drunk. neglignet part is punished here. he could have avoided the INCIdent (not accident)

Question 78

civil code punishes the same act lack of freedom/voluntariness, it becomes quasi-delict only

Question 79

other term for ‘quasi-delict-

Answer 79

culpa aquiliana or
extra-contractual culpa

Question 80

can there be several causes of action in civil cases done in one act?

Answer 80

several rights and obligations violated

collision case of 2 passenger vehicles. result of negligent jeepney driver A, some of passengers died

Question 81

A document transfers to a person certain funds in the possession of another but there is no actual delivery of said funds.

Facts: For the security of the Government, X Company (and another company) became a surety on the offi cial bond of W, an employee of the Government for the sum of $15,000.00. W defaulted in the amount of $8,900.00 and X Company paid the Government the sum of $14,462.00. When W was apprehended, he had on his person $750.00 which amount was turned over to B, the Insular Treasurer. Later, W signed a document transferring to T all his rights to said $785.00 for professional services rendered by the latter as attorney’s fee. B was duly notifi ed of the transfer. X fi led an action against W to recover the sum of $785.00 in partial payment of the amount paid by X to the Government. T filed a complaint in intervention and claimed the money as his.

Issue: On the basis of these facts, will the complaint of T prosper?

Answer 81

Held: No.

(1) Ownership was not acquired by T. — The delivery of a thing constitutes a necessary and indispensable requisite for the purpose of acquiring the ownership of the same by virtue of a contract. The transfer by itself, and afterwards the notifi cation to B, did not produce the effect of delivery to T of the funds so transferred. (see Arts. 1497, 1498, 1501.) To have this effect, it would have been necessary that the delivery of the funds had been made directly to T. Therefore, by reason of the nondelivery, T did not acquire the ownership of the property transferred to him by W.
(2) Mere personal right was acquired by T. — It is only the jus ad rem, and not the jus in re, that was acquired by T by virtue of the transfer made by the consent of the transferor and the transferee but not consummated by the delivery which never came to pass and which delivery was the object of such transfer. (Fidelity & Deposit Co. vs.

Question 82

X delivered a play station to Y for repair, Y did not finish the job. Finally, despite repeated reminders of X for Y to finish the job, Y returned the play station with his job undone and where some parts were missing. Z then repaired the play station. Z charged X the amount of P500.00 for the repair and the amount of P300.00 for the missing parts. The lower court ruled that Y should pay only P300.00.

Question — Is Y liable also for the cost of the repair or the amount of P300.00?

Answer 82

Yes. Since Y failed to repair the play station, with some missing parts, Y contravened the tenor of his obligation. Y is liable for such contravention under Art. 1167 of the Civil Code, considering that the obligation of Y was to repair the play station. He is likewise liable under Art. 1170 of the Code for the missing parts considering that Y failed to return the play station in the same condition as when it was received.
(Tanguilig vs. Court of Appeals, 266 SCRA 78 [1997].)