General Provisions of Obligation

Question 1

Art. 1156

Answer 1

An obligation is a juridical necessity to give, to do or not to do.

“juridical necessity” for non-compliance can result in juridical or legal sanction

Question 2

(Art. 1156) Elements of an Obligation

APOE

Answer 2

1. Active subject (obligee or creditor) - possessor of the right; favors the obligation
2. passive subject (obligor or debtor) - has the duty to give, to do, or not to do.
3. object (prestation) - subject matter of the obligation
4. efficient cause (vinculum or juridical tie) - the reason why the obligation exists

Form - manner in which the obligation is manifested

Question 3

(1156) Name the kinds of obligation

SSAP

Answer 3

1. from the viewpoint of SANCTION
2. from the viewpoint of SUBJECT MATTER
3. from the viewpoint of AFFRIMATIVENESS AND NEGATIVENESS
4. from the viewpoint of PERSON OBLIGED

Question 4

(1156) What are the kinds of obligation under SANCTION?

Answer 4

1. Civil obligation - defined in Art 1156; gives right of action to compel their performance; sanction is judicial process
2. Natural obligation - there is a juridical tie, but performance is left to the will of the debtor; sanction is the law
3. Moral obligation - duty which one owes and which he ought to do, but which he is not legally bound to fulfill; sanction is conscience or morality or the law of the church

Question 5

(1156) What are the kinds of obligation under SUBJECT MATTER?

Answer 5

1. Real obligation - obligation to give
2. Personal obligation - obligation to do or not to do

Question 6

(1156) What are the kinds of obligation under AFFIRMATIVENESS AND NEGATIVENESS?

Answer 6

1. Positive or affirmative obligation - obligation to give or to do
2. Negative obligation - obligation not to do (“not to give”)

Question 7

(1156) What are the kinds of obligation under PERSONS OBLIGED?

Answer 7

1. Unilateral - where only one of the parties is bound
2. Bilateral - where both parties are bound
   Reciprocal - performance is dependent upon the performance of the other
   Non-reciprocal - performance by one is nondependent
   upon performance by the other

Question 8

(1156) Definition of the obligation by Arias Ramos

Answer 8

“An obligation is a juridical relation whereby a person (called the creditor) may demand from another (called the debtor) the observance of a determinative conduct (the giving, doing, or not doing), and in case of breach, may demand satisfaction from the assets of the latter.”

Question 9

True or False.

Answer 9

Obligations under an option to buy are reciprocal obligations.

In an option to buy, payment of purchase price by creditor is contingent upon the execution and delivery of a deed of sale by the debtor.

Question 10

Art. 1157

Answer 10

Obligations arises from: (LCQAQ)

Laws (obligation ex lege) - imposed by law itself

Contracts (obligation ex contractu) - arise from stipulations of the parties; meeting of the minds/formal agreement; must be complied with in good faith

Quasi-contracts (Obligation ex quasi-contractu) - arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another

Acts or omissions punished by law (Obligation ex maleficio or ex delicto) - arise from civil liability which is the consequence of a criminal offense

Quasi-delicts or Torts (Obligation ex quasi-delicto or ex quasi-maleficio) - arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties.

Question 11

Art. 1158

Answer 11

Obligations 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.

Question 12

Art. 1159

Answer 12

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

Question 13

True or False. While obligations arising from a contract have the force
of law between the parties, this does not mean that the law is inferior to contracts.

For a contract can be enforced, it must first be valid, and it cannot be valid if it is against the law.

Answer 13

True. As long as Art. 1306 is complied with, the contract should
be given effect, even if at the time it was entered into, no legal
provision existed governing it.

Art. 1306 “The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided, they are not contrary to law, morals, good customs, public order, or public policy.”

Question 14

(1159) What is a contract?

Answer 14

Meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to render some service; governed primarily by the agreement of the contracting parties.

Question 15

(1159) What governs the obligations arising from contracts?

Answer 15

governed by the stipulations, clauses, terms and conditions of their agreements.
 If a contract’s prestation is unconscionable (unfair) or unreasonable, even if it does not violate morals, law, etc., it may not be enforced totally.
 Interpretation of contract involves a question of law.

Question 16

COMPLIANCE IN GOOD FAITH

Answer 16

compliance or performance in accordance with the stipulations or terms of the contract or agreement; implies the lack of any intentions to commit a wrongdoing.

Question 17

FALSIFICATION OF A VALID CONTRACT

Answer 17

only the unauthorized insertions will be disregarded; the original terms
and stipulations should be considered valid and subsisting for the partied to fulfill.

Question 18

True or false. The right to enter into lawful contracts constitutes one of
the liberties of the people of the State. If that right be struck down or arbitrarily interfered with, a substantial impairment of constitutional rights would result.

Answer 18

True.

Question 19

Name the innominate contracts

Answer 19

(a) Do ut des — I give that you may give.
(b) Do ut facias — I give that you may do.
(c) Facio ut des — I do that you may give.
(d) Facio ut facias — I do that you may do.

Question 20

Art. 1160

Answer 20

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book.

Question 21

Juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other.

There is no consent - consent is PRESUMED.

Answer 21

QUASI-CONTRACT

Question 22

Two principal kinds

Answer 22

(a) negotiorum gestio (unauthorized management)
(b) solutio indebiti (undue payment)

Question 23

negotiorum gestio

Answer 23

when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority.

Question 24

solutio indebiti

Answer 24

when something is received when there is no right to demand it, and it was unduly delivered thru mistake. The recipient has the duty to return it.

Question 25

Yes or No. Is quasi-contract an implied contract?

Answer 25

No, for there is no meeting of the minds

Question 26

Art. 1161

Answer 26

Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.

Question 27

What are the governing rules of obligations ex delicto or ex maleficio

Answer 27

1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code
   [Art 100, RPC – Every person criminally liable for a felony is also civilly liable]
2. Chapter 2, Preliminary title, on Human Relations ( Civil Code )
3. Title 18 of Book IV of the Civil Code – on damages