REVIEWER
LAW ON OBLIGATIONS AND CONTRACTS
KINDS OF DELAY OR DEFAULT
MORA SOLVENDI DELAY ON THE PART OF THE DEBTOR TO FULFILL HIS OBLIGATION
(TO GIVE OR TO DO)
MORA ACCIPIENDI- DELAY ON THE PART OF CREDITOR TO ACCEPT THE
PERFORMANCE OF THE OBLIGATION
COMPENSATIO MORAE- DELAY OF THE OBLIGORS IN RECIPROCAL OBLIGATIONS LIKE
IN SALE THE DELAY OF THE OBLIGOR CANCELS THE DELAY OF THE OBLIGEE
PASSIVE SUBJECT (DEBTOR / OBLIGOR) - BOUND TO THE FULFILLMENT OF
OBLIGATION; HE WHO HAS A DUTY
ACTIVE SUBJECT (CREDITOR / OBLIGEE) - WHO IS ENTITLED TO DEMAND TO THE
FULFILLMENT OF OBLIGATION; HE WHO HAS A RIGHT
FORTUITOUS EVENT- ANY EVENT WHICH CANNOT BE FORESEEN, OR WHICH, THOUGH
FORESEEN, IS INEVITABLE
WHEN MY MEANS PERMIT ME TO DO SO- AN OBLIGATION IS PERIOD
POSITIVE SUSPENSIVE CONDITION THE HAPPENING OF AN EVENT AT A
DETERMINATE TIME
NEGATIVE CONDITION THAT EVENT WILL NOT HAPPEN AT A DETERMINATE THING
JOINT OBLIGATION - ONE WHERE THE WHOLE OBLIGATION IS TO BE PAID OR
FULFILLED PROPORTIONATELY BY THE DIFFERENT DEBTORS AND/OR IS TO BE
DEMANDED PROPORTIONATELY BY THE DIFFERENT CREDITORS (ARTICLE 1208)
SOLIDARY OBLIGATION- ONE WHERE EACH ONE OF THE DEBTORS IS BOUND TO
RENDER, AND/OR EACH ONE OF THE CREDITORS HAS A RIGHT TO DEMAND FROM
ANY OF THE DEBTORS (ARTICLE 1207)
PURE OBLIGATION EVERY OBLIGATIONS WHOSE PERFORMANCE DOES NOT DEPEND
UPON A FUTURE OR UNCERTAIN EVENT, OR UPON A PAST EVENT UNKNOWN TO THE
PARTIES,IS DEMANDABLE AT ONCE
CONDITIONAL OBLIGATION EVERY OBLIGATION WHICH CONTAIN A RESOLUTORY
CONDITION SHALL ALSO BE DEMANDABLE, WITHOUT PREJUDICE TO THE EFFECTS OF
THE HAPPENING OF THE EVENT
CONDITION- FUTURE AND UNCERTAIN EVENT
PERIOD- FUTURE AND CERTAIN EVENT
SUSPENSIVE CONDITION- ONE OF THE FULFILLMENT OF WHICH WILL GIVE RISE TO
AN OBLIGATION
RESOLUTORY CONDITION- CONDITIONS THAT CAUSE THE EXTINGUISHMENT OF THE
OBLIGATION
EXAMPLE > ASA LIBRO SORRY TAMAD
CUSTOMS OR BUSINESS PRACTICES ALONE CAN GIVE RISE TO CIVIL OBLIGATIONS
FALSE
OBLIGATIONS ARISING FROM LAW CAN BE IMPLIED BECAUSE IGNORANCE OF THE
EXCUSES NO ONE FROM COMPLIANCE THEREWITH
FALSE
PRIOR TO THE DEBTOR'S DELIVERY OF THE THING AND ITS FRUITS, THE CREFITOR
HAS A PERSONAL RIGHT TO COMPEL THE DELIVERY
TRUE
IF A DEBTOR'S OBLIGATION ARISES FROM THE SAME ACT THE CONSTITUTES BOTH
DELICT AND QUASI-DELICT, THE CREDITOR CANNOT RECOVER TWICE
TRUE
AN OBLIGATION IS CONDITIONAL WHEN THE DEBTOR PROMISES TO PAY THE DEBT AS
SOON AS POSSIBLE.
FALSE
NATURAL OBLIGATIONS CAN BE ENFORCED IN A COURT OF JUSTICE
FALSE
*cannot be enforced kasi
A JOINT CREDITOR IN A JOINT INDIVISIBLE OBLIGATION MAY RENOUNCE THE WHOLE
OBLIGATION
FALSE
THE NULLITY OF A PENAL CLAUSE CARRIES WITH IT THAT OF THE PRINCIPAL
OBLIGATION
FALSE
DILIGENCE OF A GOOD FATHER OF A FAMILY MUST ONLY BE OBSERVED IN
OBLIGATIONS TO DELIVER DETERMINATE THINGS
FALSE
AS A GENERAL RULE, NEGLIGENCE ON THE PART OF THE CREDITOR MUST BE
PROVED TO HOLD HIM LIABLE FOR DAMAGES
TRUE
IT SHALL BE PRESUMED THAT AN INDIVISIBLE OBLIGATION IS ALSO SOLIDARY IN
NATURE.
FALSE
CONCEPT OF LAW
LAW- AN ORDINANCE OF REASON PROMULGATED FOR THE COMMON GOOD (I PARAS,
2013) TO BE USEFUL AND FAIR, LAW HAS TO BE PROMULGATED
CLASSIFICATION OF LAW ACCORDING TO THE MANNER OF ITS PROMULGATION (IBID.)
NATURAL LAW - LAW THAT IS PROMULGATED IMPLIEDLY IN OUR CONSCIENCE AND
BODY (MORAL LAW, LAW OF NATURE)
POSITIVE LAW- PROMULGATED EXPRESSLY (DIVINE POSITIVE LAW, DIVINE HUMAN
POSITIVE LAW)
HUMAN POSITIVE LAW RULE OF CONDUCT, JUST, OBLIGATORY, PROMULGATED BY
LEGITIMATE AUTHORITY, AND COMMON OBSERVANCE AND BENEFIT (SANCHEZ
ROMAN)
ESSENTIAL ELEMENTS:
1.​ REASONABLE RULE OF ACTION
2.​ DUE PROMULGATION
3.​ PROMULGATION BY COMPETENT AUTHORITY
4.​ IMPOSITION OF SANCTIONS IN CASE OF DISOBEDIENCE
HUMAN POSITIVE LAW
MORALITY
IT ONLY COVERS EXTERNAL CONDUCT
IT COVERS BOTH EXTERNAL ACTS AND
INTERNAL THOUGHTS
THE STATE HAS NO POWER TO ACT UPON
IT CAN BE ENFORCED BY STATE
CLASSIFICATIONS OF HUMAN POSITIVE LAW
-ACCORDING TO THE CONFERMENT OR ENFORCEMENT OF A RIGHT
SUBSTANTIVE OR REMEDIAL LAW
-ACCORDING TO THE SCOPE OR CONTENT OF THE LAW
PRIVATE OR PUBLIC
-ACCORDING TO FORCE OR EFFECT
MANDATORY OR PERMISSIVE LAW
CIVIL LAW- IS THAT MASS OF PERCEPTS THAT DETERMINE AND REGULATE THE
RELATIONS OF ASSISTANCE, AUTHORITY, AND OBEDIENCE AMONG MEMBERS OF A
FAMILY, PROTECTION OF PRIVATE INTEREST(SANCHEZ) FAMILY RELATION AND
PROPERTY RIGHTS (FALCON)
CIVIL- CIVILES (LATIN) - A CITIZEN (BLACK’S LAW DICTIONARY)
SOURCES OF PHILIPPINE CIVIL LAW
1.​ THE CONSTITUTION
2.​ STATUES,LAWS,PRESIDENTIAL DECREES, OR EXECUTIVE ORDERS
3.​ ADMINISTRATIVE OR GENERAL ORDERS INSOFAR AS THEY ARE CONTRARY TO
LAW
4.​ CUSTOMS OF THE PLACE, PROVIDED THEY ARE NOT CONTRARY TO EXISTING
LAWS, PUBLIC ORDER,OR PUBLIC POLICY
5.​ JUDICIAL DECISIONS
6.​ PRINCIPLES COVERING ANALOGOUS CASES
7.​ PRINCIPLES OF STATUTORY CONSTRUCTION
8.​ EQUITY AND GENERAL PRINCIPLES OF LAW
CIVIC CODE OF THE PHILIPPINES
REPUBLIC ACT NO. 386
APPROVED: JUNE 18, 1949
EFFECTIVE DATE: AUGUST 30, 1950
OUTLINE:
PRELIMINARY TITLE
BOOK I- PERSONS
BOOK II- PROPERTY
BOOK III- DIFFERENT MODES OF ACQUIRING OWNERSHIP
BOOK IV- OBLIGATIONS AND CONTRACTS
OBLIGATIONS
-​ IS A JURIDICAL NECESSITY TO GIVE, TO DO, AND NOT TO DO. (ARTICLE 1156)
-​ JURIDICAL RELATION CREATED BY VIRTUE OF CERTAIN FACTS, BETWEEN TWO
OR MORE PERSONS
-​ CREDITOR/OBLIGEE
-​ DEBTOR/OBLIGOR
-​ LEGAL RELATION
ELEMENTS OF OBLIGATIONS
1.​ JURIDICAL TIE OR VINCULUM JURIS
2.​ OBJECT OR PRESTATION
3.​ ACTIVE SUBJECT
4.​ PASSIVE SUBJECT
CIVIL OBLIGATIONS VS. NATURAL OBLIGATIONS
ARTICLE 1423 OF THE CIVIL CODE PROVIDES THAT:
OBLIGATIONS ARE CIVIL OR NATURAL
SCIENCE, TECHNOLOGY, AND SOCIETY
SCIENCE- ANY SYSTEM OF KNOWLEDGE THAT IS CONCERNED WITH THE PHYSICAL
WORLD AND ITS PHENOMENA AND ENTAILS UNBIASED OBSERVATIONS AND
SYSTEMATIC EXPERIMENTATION
SCIENCE AS AN IDEA- INCLUDES IDEAS, THEORIES, AND ALL AVAILABLE SYSTEMATIC
EXPLANATION
SCIENCE AS AN INTELLECTUAL ACTIVITY- IT ENCOMPASSES A SYSTEMATIC AND
PRACTICAL STUDY OF THE NATURAL AND PHYSICAL WORLD
SCIENCE AS BODY OF KNOWLEDGE- ALSO CALLED AS SCHOOL SCIENCE
SUBJECT OR DISCIPLINE, A FIELD STUDY OR BODY OF KNOWLEDGE
SCIENCE AS A PERSONAL AND SOCIAL ACTIVITY- SCIENCE IS BOTH KNOWLEDGE
AND ACTIVITIES DONE BY HUMAN BEINGS
TECHNOLOGY- THE HUMAN ATTEMPT TO CHANGE THE WORLD BY CREATING
PRODUCTS THAT CAN HELP PEOPLE
SOCIETY-