OBLICON PRELIM LESSON 1 and 2 Flashcards
(74 cards)
1
Q
A rule of conduct formulated and made obligatory by legitimate
power of the state. (Agpalo, 2009)
A
Law
2
Q
an ordinance of reason for the common good, made by him who has
care of the community, and promulgated. (St. Thomas Aquinas)
A
Law
3
Q
___, in a specific sense, is a rule of conduct, just, obligatory,
promulgated by a legitimate authority, and of common observance
and benefit.” (I Sanchez Roman 3)
A
Law
4
Q
CHARACTERISTICS OF LAW
A
- It is a rule of conduct
- It is obligatory
- It is promulgated by legitimate authority
- It is of common observance and benefit
5
Q
it tells us what shall be done and what shall
not be done.
A
- It is a rule of conduct
6
Q
law is considered a positive command imposing a
duty to obey and involving a sanction which forces obedience.
A
- It is obligatory
7
Q
he Legislature (Ph): Congress, LGU
A
- It is promulgated by legitimate authority
8
Q
Since law is intended to regulate relations of men to maintain a harmonious society, law must therefore be observed for the benefit of all.
A
- It is of common observance and benefit
9
Q
SOURCES OF LAW
A
- CONSTITUTION
- LEGISLATION
- ADMINISTRATIVE OR EXECUTIVE ORDERS, REGULATIONS, AND RULINGS
- JUDICIAL DECISIONS OR JURISPRUDENCE
- CUSTOM
- OTHER SOURCES – eg. Decisions of foreign tribunals, opinion of
writers
10
Q
is the body of rules, which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts.
A
LAW ON OBLIGATIONS AND CONTRACTS
11
Q
- The New Civil Code of the Philippines
- Approved on June 18, 1949 and took effect on August 30, 1950
A
Republic Act No. 386
12
Q
An obligation is a juridical necessity to give, to do, or not to do
(___. ____)
A
Article 1156
13
Q
It is a juridical relation or a juridical necessity whereby a person (creditor) may demand from another (debtor) the observance of a determinative conduct (giving, doing, or not doing), and in case of breach, may demand satisfaction from the assets of the latter (Makati Stock Exchange v. Campos, G.R. No. 138814, April 16, 2009)
A
Obligation
14
Q
It is a _________ _________ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents
A
juridical necessity
15
Q
- the efficient cause by virtue of which the debtor becomes bound to perform the prestation (Pineda, 2000).
- NOTE: The vinculum juris is established by: a. Law; b. Bilateral acts; c.
Unilateral acts (Tolentino, 2002).
A
Juridical tie or vinculum juris or efficient cause
16
Q
The person demanding the performance of the obligation. It is he in whose favor the obligation is constituted, established, or created
A
Active subject [creditor (CR) or obligee]
17
Q
The person bound to perform the prestation to give, to do, or not to do
A
Passive subject [debtor (DR) or obligor]
18
Q
The subject matter of the obligation which has a corresponding economic value or susceptible of pecuniary substitution in case of noncompliance. It is a conduct that may consist of giving, doing, or not doing something
A
Object or prestation
19
Q
Under a contract to construct a house, Alex bound himself to
construct the house for Gab for P1,000,000.
- Passive Subject?
- Active Subject?
- Object?
- Juridical Tie?
A
- Passive Subject (Alex)
- Active Subject (Gab)
- Object (House)
- Juridical Tie (Contract to construct the house)
20
Q
- ___. ____. Obligations arise from:
- (1) Law;
- (2) Contracts;
- (3) Quasi-contracts;
- (4) Acts or omissions punished by law; and
- (5) Quasi-delicts. (1089a)
A
Art. 1157.
21
Q
- When they are imposed by law itself.
- Eg. Obligation to pay taxes; support one’s family
A
A. LAW
22
Q
- ___. ____. 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. (1090)
A
Art. 1158
23
Q
- When they arise from the stipulation of the parties
Eg. The obligation to repay a loan or indebtedness by virtue of an agreement
A
B. CONTRACTS
24
Q
___. ____. Obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith. (1091a)
A
Art. 1159.
25
a meeting of the minds between two (2) persons whereby one
binds himself, with respect to the other, to give something or to render
some service. (Art. 1305)
Contract
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* ___. ____. Obligations derived from quasi-contracts shall be subject
to the provisions of Chapter 1, Title XVII, of this Book. (n)
* A juridical relation arising from lawful, voluntary, and unilateral acts
based on the principle that no one shall be unjustly enriched or
benefited at the expense of another (NCC, Art. 2142)
* Eg. The obligation to return money paid by mistake or which is not
due. (Art. 2154)
**QUASI-CONTRACTS**
Art. 1160.
27
Characteristics of a quasi-contract (LUV)
* 1. It must be Lawful;
* 2. It must be Unilateral; and
* 3. It must be Voluntary
28
Arises when a person voluntarily takes charge of the management of the business or property of another without any power from the latter (NCC, Art. 2144);
1. Negotiorum gestio (inofficious manager)
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Takes place when a person received something from another without any right to demand for it, and the thing was unduly delivered to him through mistake (NCC, Art. 2154).
2. Solutio indebiti (unjust enrichment)
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There is a meeting of the minds or consent; the
parties must have deliberately entered into a formal
agreement
Contract
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There is no consent, but the same is supplied by
fiction of law; to prevent injustice
QUASI-CONTRACT
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* When they arise from civil liability which is the consequence of a
criminal offense. (Art. 1161)
* GR: Art. 100 of the RPC provides: “Every person criminally liable for a
felony is also civilly liable.”
* XPNs: Crimes of treason, rebellion, espionage, contempt and others
wherein no civil liability arises on the part of the offender either
because there are no damages to be compensated or there is no
private person injured by the crime (Reyes, 2008)
D. CRIMES OR ACTS OMISSIONS PUNISHED BY
LAW
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___. ____. 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. (1092a)
Art. 1161.
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* When they arise from damage caused to another through an act or
omission, there being fault or negligence, but no contractual relation
exists between the parties (Art. 2176)
* Eg. The obligation of the possessor of an animal to pay for the
damage which it may have caused (Art. 2183)
* An act or omission arising from fault or negligence which causes
damage to another, there being no pre-existing contractual relations
between the parties (NCC, Art. 2176).
E. QUASI-DELICTS OR TORTS
35
Elements of a quasi-delict
* 1. Negligent or wrongful act or omission;
* 2. Damage or injury caused to another;
* 3. Causal relation between such negligence or fault and damage; and
* 4. No pre-existing contractual relationship between the parties (NCC,
Art. 2176)
36
___. ____. Obligations derived from quasi-delicts shall be governed
by the provisions of Chapter 2, Title XVII of this Book, and by special
laws. (1093a)
Art. 1162.
37
Particularly designated or physically segregated from all others of the same class;
* The debtor cannot substitute it with another although the latter is of
the same kind and quality without the consent of the creditor. (Art.
1244)
1. Determinate/specific
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Is designated merely by its class or
genus;
* The debtor can give anything of the same class as long as it is of the
same kind.
2. Indeterminate/Generic
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___. ____. Every person obliged to give something is
also obliged to take care of it with the proper
diligence of a good father of a family, unless the
law or the stipulation of the parties requires another
standard of care. (1094a)
Art. 1163.
40
___. ____. The creditor has a right to the fruits of the
thing from the time the obligation to deliver it arises.
However, he shall acquire no real right over it until the
same has been delivered to him. (1095)
Art. 1164.
41
Kinds of Fruits
1. Natural Fruits
2. Industrial Fruits
3. Civil Fruits
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are the spontaneous products of the soil, and the
young and other products of animals.
Natural Fruits
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those produced by lands of any kind through
cultivation or labor.
Industrial Fruits
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those derived by virtue of a juridical relation.
Civil Fruits
45
Nature of the right of the creditor with
respect to fruits
* 1. Before delivery – Personal right;
* 2. After delivery – Real right.
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Personal right;
* 1. Before delivery
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Real right.
* 2. After delivery
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* ___. ____. When what is to be delivered is a
determinate thing, the creditor, in addition to the
right granted him by Article 1170, may compel the
debtor to make the delivery.
* If the thing is indeterminate or generic, he may ask
that the obligation be complied with at the expense of
the debtor.
* If the obligor delays, or has promised to deliver the same
thing to two or more persons who do not have the same
interest, he shall be responsible for any fortuitous event
until he has effected the delivery. (1096)
Art. 1165.
49
an event which “could not be foreseen, or which though foreseen were inevitable”.
Eg. Typhoon, war, earthquake etc.
FORTUITOUS EVENT
50
Debtor is relieved from his obligation “to give” if
the object of such prestation is lost through fortuitous event.
General Rule (GR)
51
* 1. If the Obligor delays; and
* 2. If he has promised to deliver the same thing to two or more
persons who do not have the same interest.
* (In both cases, the obligor will be liable for damages or will be bound
to replace the lost object, in case oblige agrees with the
replacement.)
EXCEPTIONS (XPN)
52
* ___. ____. The obligation to give a determinate thing
includes that of delivering all its accessions and accessories,
even though they may not have been mentioned. (1097a)
*“Accessory follows the principal”
Art. 1166.
53
* are the fruits of a thing or addition to or
improvements upon a thing (the principal).
* Eg. House or trees on a land; rents of a building; air-conditioner in a
car; profits or dividends accruing from shares of stocks, etc.
1. ACCESSIONS
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are the things joined to or included with the
principal thing for the latter’s embellishment, better use, or
completion.
* Eg. Key of a house; frame of a picture; bracelet of a watch
2. ACCESSORIES
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* ___. ____. If a person obliged to do something fails to do it, the
same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the
tenor of the obligation. Furthermore, it may be decreed that what has
been poorly done be undone. (1098)
Art. 1167.
56
___. ____. When the obligation consists in not doing, and the obligor
does what has been forbidden him, it shall also be undone at his
expense. (1099a)
Art. 1168.
57
Remedies in personal obligations
1. Positive personal obligations
2. Negative personal obligation
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* a. Not purely personal act – To have obligation executed at debtor's
expense plus damages;
* b. Purely personal act - Damages only.
* When positive personal obligations considered breached:
* a. If the debtor fails to perform the obligation; or
* b. Even in case of performance but the same is done either in a poor
manner or in contravention of the tenor of the obligation (NCC, Art.
1167).
1. Positive personal obligations
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To have the prohibited thing
undone at the expense of the debtor plus damages. However, if thing
cannot be physically or legally undone, only damages may be
demanded
2. Negative personal obligation
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* ___. ____. Those obliged to deliver or to do something incur in
delay from the time the obligee judicially or extrajudicially
demands from them the fulfillment of their obligation.
* However, the demand by the creditor shall not be necessary in order
that delay may exist:
* (1) When the obligation or the law expressly so declare; or
* (2) When from the nature and the circumstances of the obligation it
appears that the designation of the time when the thing is to be delivered
or the service is to be rendered was a controlling motive for the
establishment of the contract; or
* (3) When demand would be useless, as when the obligor has rendered it
beyond his power to perform.
Art. 1169.
61
* In __________ ______________, neither party incurs in delay if the other does
not comply or is not ready to comply in a proper manner with what is
incumbent upon him. From the moment one of the parties fulfills his
obligation, delay by the other begins. (1100a)
reciprocal obligations
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Kinds of delay
1. Ordinary delay
2. Extraordinary delay or legal delay (Default or Mora)
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This is the mere failure to perform an obligation
at the stipulated time.
1. Ordinary delay
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This delay already equates to non-fulfillment of the obligation and arises after
the extrajudicial or judicial demand has been made upon the debtor
2. Extraordinary delay or legal delay (Default or Mora)
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Kinds of legal delay or default
1. Mora solvendi
2. Mora accipiendi
3. Compensatio morae
66
Default on the part of the debtor/obligor
* a. Ex re – Default in real obligations (to give);
* b. Ex personae – Default in personal obligations (to do);
1. Mora solvendi
67
Default on the part of the creditor/oblige;
2. Mora accipiendi
68
Default on the part of both the debtor and
creditor in reciprocal obligations
3. Compensatio morae
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* 1. Obligation Pertains to the debtor;
* 2. Obligation is Determinate, due and demandable, and liquidated;
* 3. Obligation has not been performed on its Maturity date;
* 4. There is Judicial or extrajudicial demand by the creditor; and
* 5. Failure of the debtor to comply with such demand.
MORA SOLVENDI (Requisites (PDF-MJ))
70
* 1. Debtor may be liable for damages (NCC, Art. 1155) or interests;
and
* NOTE: The interest begins to run from the filing of the complaint
when there is no extrajudicial demand.
* 2. When the obligation has for its object a determinate thing, the
debtor may bear the risk of loss of the thing even if the loss is due to
fortuitous event;
* 3. Rescission or resolution.
Effects of mora solvendi
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* Requisites
* 1. Offer of Performance by a capacitated debtor;
* 2. Offer must be to Comply with the prestation as it should be
performed; and
* 3. Refusal of the creditor without just cause (Pantaleon v. Amex,
supra)
MORA ACCIPIENDI
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* 1 Responsibility of debtor is limited to fraud and gross negligence;
* 2 Debtor is exempted from risk of loss of thing; creditor bears risk of
loss;
* 3 Expenses by debtor for preservation of thing after delay is
chargeable to creditor;
* 4 If the obligation bears interest, debtor does not have to pay it from
time of delay;
* 5 Creditor liable for damages; and
* 6 Debtor may relieve himself of obligation by consigning the thing
Effects of mora accipiendi
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* Reciprocal obligations are those which arise from the same cause,
wherein each party is a debtor and a creditor of the other, such that
performance of one is conditioned upon the simultaneous fulfillment
of the other from the moment one of the parties fulfills his obligation,
delay by the other party begins.
Compensatio Morae
74
* If neither party complies with his prestation, default of one
compensates for the default of the other.
Effect of non-compliance of both parties in
reciprocal obligations
