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OBLIGATION REQUISITES: (PAO-JUD)
o Passive Subject (debtor or Obligor)- the person who is bound to the fulfi
llment of the obligation; he who has a duty
o Active Subject (creditor or obligee)- the person who is entitled to demand the
fulfi llment of the obligation; he who has a right.
o Object or prestation (subject matter of the obligation) - the conduct required
to be observed by the debtor. It may consist in giving, doing, or not doing.
o Juridical or Legal Tie- that which binds or connects the parties to the
obligation.
• cause of action (LOA)
(1) Its essential elements are:
o (a) a legal right in favor of a person (creditor/plaintiff) by whatever means and
under whatever law it arises or is created;
o (b) a correlative legal obligation
o (c) an act or omission in breach or violation of said right
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Requisites of quasi-delict. (AF DADI NO)
o (1) There must be an act or omission by the defendant;
o (2) There must be fault or negligence of the defendant;
o (3) There must be damage caused to the plaintiff;
o (4) There must be a direct relation or connection of cause and effect between
the act or omission and the damage
o (5) There is no pre-existing contractual relation between the parties.
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Duties of debtor in obligation to give a determinate thing. (PA 3D)
o (1) To preserve or take care of the thing due;
o (5) To answer for damages in case of non-fulfillment or breach.
o (2) To deliver the fruits of the thing
o (3) To deliver its accessions and accessories
o (4) To deliver the thing itself
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Requisites of delay or default by the debtor. (FDF)
o (1) failure of the debtor to perform his (positive) obligation on the date
agreed upon;
o (2) demand
o (3) failure of the debtor to comply with such demand.
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Requisites of a fortuitous event (IUUIO)
o (1) The event must be independent of the human will or at least of the
obligor’s will;
o (2) The event could not be foreseen (unforeseeable), or if it could be foreseen,
must have been impossible to avoid (unavoidable);
o (3) The event must be of such a character as to render it impossible for the
obligor to comply with his obligation in a normal manner; and
o (4) The obligor must be free from any participation in, or the aggravation
of the injury to the obligee
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Requisites of dation in payment (AAA)
o (1) There must be performance of the prestation in lieu of payment (animo
solvendi) which may consist in the delivery of a corporeal thing or a real right
or a credit against a third person;
o (2) There must be some difference between the prestation due and that which is
given in substitution (aliud pro alio); and
o (3) There must be an agreement between the creditor and debtor that the
obligation is immediately extinguished by reason of the performance of a
prestation different from that due.
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Requisites for application of extraordinary inflation or deflation. (OCA)
o (1) There is an official declaration of extraordinary inflation or deflation from the
Bangko Sentral ng Pilipinas (BSP).
o (2) The obligation is contractual in nature; and
o (3) The parties expressly agreed to consider the effects of the extraordinary
inflation or deflation.
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Requisites of application of payments. (12 SDN)
o (1) There must be one debtor and one creditor;
o (2) There must be two or more debts;
o (3) The debts must be of the same kind;
o (4) The debts to which payment made by the debtor has been applied must be
due; and
o (5) The payment made must not be sufficient to cover all the debts.
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Requisites of payment by cession(2PAC)
o (1) There must be two or more creditors;
o (2) The debtor must be (partially) insolvent;
o (3) The assignment must involve all the properties of the debtor; and
o (4) The cession must be accepted by the creditors.
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Requisites of a valid consignation.
o (1) existence of a valid debt which is due
o (2) tender of payment by the debtor and refusal without justifiable reason by the
creditor to accept it
o (3) previous notice of consignation to persons interested in the fulfillment of the
obligation;
o (4) consignation of the thing or sum due
o (5) subsequent notice of consignation made to the interested parties.
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Requisites of condonation or remission. (GAMIC or MAGIC)
o (1) It must be gratuitous;
o (2) It must be accepted by the obligor;
o (3) The parties must have capacity;
o (4) It must not be inofficious; and
o (5) If made expressly, it must comply with the forms of donation.
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Requisites of confusion.
o
o
(1) It must take place between the principal debtor and creditor; and
(2) It must be complete and definite.
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In order that Compensation may be proper, it is necessary: (PTSD-N)
o (1) That each one of the obligors be bound principally, and that he be at the
same time a principal creditor of the other;
o (2) That both debts consist in a sum of money, or if the things due are
consumable, they be of the same kind, and also of the same quality if the latter
has been stated;
o (3) That the two debts be due;
o (4) That they be liquidated and demandable;
o (5) That over neither of them there be any retention or controversy(NO
CONTROVERSY), commenced by third persons and communicated in due time
to the debtor.
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Requisites of novation (PIEC)
o (1) The existence of a previous valid obligation;
o (2) The intention or agreement and capacity of the parties to extinguish
or modify the obligation;
o (3) The extinguishment or modification of the obligation; and
o (4) The creation or birth of a valid new obligation.