RFBT H01 - Law on Obligations

Question 1

What is Article 1156?

Answer 1

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

Question 2

It is a juridical necessity to give, to do or not to do.

Answer 2

Obligation is a juridical necessity to give, to do or not to do.

Question 3

Art. 1423 provides that obligations are either-

Answer 3

Natural or Civil

Question 4

Under Art. 1423, ________________ give a
right of action to compel their performance or fulfillment. In this sense, there is juridical necessity to perform the obligation because it can result in judicial or legal sanction.

Answer 4

Civil Obligations

Question 5

What are the two kinds of obligations as to basis and enforceability?

Answer 5

Natural and Civil Obligations

Question 6

_________________, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.

Answer 6

Natural Obligations

Question 7

True or False

When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor can still recover what he has paid. (Art. 1425)

Answer 7

False

When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has
prescribed, but the debtor later voluntarily reimburses the third person, the obligor CANNOT recover what he has paid. (Art. 1425)

Question 8

True or False

When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he can demand the return of what he has delivered or the
payment of the value of the service he has rendered. (Art. 1428)

Answer 8

False

When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the
payment of the value of the service he has rendered. (Art. 1428)

Question 9

True or False

When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. (Art. 1429)

Answer 9

True

Note: Given the Testate or Intestate Heir knows the extent of estate being inherited.

Question 10

What are the essential elements of obligation?

Answer 10

APPV

a. Active subject (creditor/obligee)
b. Passive subject (debtor/obligor)
c. Prestation
d. Vinculum Juris/Efficient Cause/Juridical Tie

Question 11

The person in whose favor the obligation is constituted or the one who can demand the performance of the obligation.

Answer 11

Active Subject (Creditor/Obligee)

Question 12

The person who is required to perform the obligation.

Answer 12

Passive Subject (Debtor/Obligor)

Question 13

The subject matter of the obligation - either to give, to do or not to do.

Answer 13

Prestation

Question 14

The reason why the obligation exists which can be any of the 5 sources of obligations.

Answer 14

Vinculum Juris/Efficient Cause/Juridical Tie

Question 15

What is Transmissibility of Obligation?

Answer 15

All rights acquired in virtue of an obligation are transmissible, except:
a. When the nature of the obligation is that it is not transmissible: when the rights are purely or strictly personal in nature, i.e., the qualifications and skills of the person have been considered in the constitution of the contract.
b. By stipulation: e.g. the right to sublease is granted by law - but may be prohibited by stipulation.
c. By provision of law: e.g. heirs as to the usufruct. The law provides that the rights of a usufructuary shall not be transmitted to the heirs, unless the parties stipulate otherwise.

Question 16

All rights acquired in virtue of an obligation are transmissible, except:

Answer 16

a. When the nature of the obligation is that it is not transmissible: when the rights are purely or strictly personal in nature, i.e., the qualifications and skills of the person have been considered in the constitution of the contract.
b. By stipulation: e.g. the right to sublease is granted by law - but may be prohibited by stipulation.
c. By provision of law: e.g. heirs as to the usufruct. The law provides that the rights of a usufructuary shall not be transmitted to the heirs, unless the parties stipulate otherwise.

Question 17

What are the sources of obligations?

Answer 17

LCQDQ

1. Law (Obligations ex lege)
2. Contracts (Obligations ex contractu)
3. Quasi-Contracts (Obligations ex quasi-contractu)
4. Delicts (Obligations ex delicto/ ex maleficio)
5. Quasi-Delicts(Obligations ex quasi-delicto/ex quasi-maleficio)

Question 18

Art. 1158. Obligations derived from _________ are not presumed. Only those expressly determined in this Code or in special _________ are demandable, and shall be regulated by the precepts of the __________ which establishes them; and as to what has not been foreseen, by the provisions of this Book.

Answer 18

Law (Obligations ex lege)

Question 19

Art. 1159. Obligations arising from ___________have the force of law between the contracting parties and should be complied with in good faith.

Answer 19

Contracts (Obligations ex contractu)

Question 20

Art. 1305. A __________ 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.
Once a contract is entered into the parties are bound by its terms and cannot, without valid reason withdraw therefrom.

Answer 20

Contracts (Obligations ex contractu)

Question 21

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

Answer 21

Quasi-Contracts (Obligations ex quasi-contractu)

Question 22

What are the nominate Quasi-Contracts?

Answer 22

1. Negotiorum Gestio
2. Solutio Indebiti

Question 23

Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to
continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so.

Answer 23

Negotiorum Gestio

Question 24

Negotiorum Gestio does not arise in either of these instances:

Answer 24

1. When the property or business is not neglected or abandoned;
2. If in fact the manager has been tacitly authorized by the owner.

Question 25

The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

Answer 25

Solutio Indebiti

Question 26

What are the requisites of Solutio Indebiti?

Answer 26

1. There is no right to receive the thing delivered 2. The thing was delivered through mistake

Question 27

Other example of Quasi-Contracts: When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. (Art. 2165)

Answer 27

True Note: Relatives meaning those obliged to give support; Primary Family

Question 28

It is an act or omission punishable by law which may be governed by the Revised Penal Code, other penal laws, or the Title on Human Relations under the Civil Code. Revised Penal Code.

Answer 28

Delicts (Obligations ex delicto/ ex maleficio)

Question 29

Art. 100. Civil liability of a person guilty of felony.

Answer 29

Every person criminally liable for a felony is also civilly liable. Note, also, that under the Rules of Court, whenever a criminal action is instituted, the civil action for the civil liability is impliedly instituted therewith.

Question 30

Art. 104. What is included in civil liability:

Answer 30

The civil liability established in Articles 100, 101, 102, and 103 of this Code includes: 1. Restitution; 2. Reparation of the damage caused; 3. Indemnification for consequential damages.

Question 31

What is the proof necessary for criminal and civil liability?

Answer 31

a. Criminal liability - proof beyond reasonable doubt b. Civil liability - preponderance of evidence

Question 32

Acquittal of accused: a. Acquittal because the accused did not do the act complained of

Answer 32

No Civil Liability

Question 33

Acquittal of accused: b. Acquittal due to reasonable doubt

Answer 33

There can still be civil liability.

Question 34

What are the requisites for Quasi-Delicts?

Answer 34

AFDD a. There must be an act or omission; b. There must be fault or negligence; c. There must be damage caused; d. There must be a direct relation of cause and effect between the act or omission and the damage;

Question 34

What are the sources of obligations?

Answer 34

LCQDQ 1. Law (Obligations ex lege) 2. Contracts (Obligations ex contractu) 3. Quasi-Contracts (Obligations ex quasi-contractu) 4. Delicts (Obligations ex delicto/ ex maleficio) 5. Quasi-Delicts (Obligations ex quasi-delicto/ex quasi-maleficio)

Question 35

Under Art. 2180 of the Civil Code, certain individuals are responsible for the damages caused by: Acts done by: 1. Minors children who live in their company Minors and incapacitated persons 2. Employees in the service of the branches in which they are employed or on the occasion of their functions 3. Employees and household helpers acting within the scope of their assigned tasks, even if the employer is not engaged in any business or industry 4. Special agent, except when the damage was caused by the official to whom the task done properly pertains 5. Pupils and student or apprentices, so long as they remain in their custody

Answer 35

Vicarious Liability

Question 36

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Minors children who live in their company Who is responsible?

Answer 36

The father, in case of his death or incapacity, the mother Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.

Question 37

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Minors and incapacitated persons Who is responsible?

Answer 37

Guardians Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.

Question 38

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Employees in the service of the branches in which they are employed or on the occasion of their functions Who is responsible?

Answer 38

Owners and Managers of establishment or enterprise Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.

Question 39

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Employees and household helpers acting within the scope of their assigned tasks, even if the employer is not engaged in any business or industry Who is responsible?

Answer 39

Employers Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.

Question 40

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Special agent, except when the damage was caused by the official to whom the task done properly pertains Who is responsible?

Answer 40

The State Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.

Question 41

Under Art. 2180 of the Civil Code, Vicarious Liability: Acts done by: Pupils and student or apprentices, so long as they remain in their custody Who is responsible?

Answer 41

Teaches or Heads of Establishments of Arts and Trade Defense: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage.