Republic of the Philippines
DON HONORIO VENTURA STATE UNIVERSITY
Villa de Bacolor, Pampanga
GRADUATE SCHOOL
Program:
Master of Engineering Management
Course Title:
Legal Aspects of Engineering Management
Course Code:
MEM 109
Student:
Ryan Edward G. Lansang, RCE
Professor:
Pros. JT Leonardo C. Santos, LL.M.
Asynchronous Task 2
Asynchronous Task:
1. Read Articles 1156 to 1304, Civil Code of the Philippines
2. Answer the following questions
Answer comprehensively, citing your legal basis, but make it brief.
1. What is an obligation in the legal context?
Answer:
Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n)
2. What are the sources of obligation?
Answer:
Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4)
Acts or omissions punished by law; and (5) Quasi-delicts. (1089a)
3. Is demand necessary to put a debtor in default or delay? When is it not necessary?
Answer:
Article 1169. 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.
In reciprocal obligations, 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)
According to Article 1169, Civil Code of the Philippines: "In order that delay may
exist, there must be a default. Delay is incurred when the debtor fails to fulfill his
obligation on time. Default may be delay on the part of the debtor to perform his
obligation, delay on the part of the creditor to accept the performance, or delay on the
part of both debtor and creditor."
4. What is a fortuitous event? Is a debtor (obligor) liable during fortuitous event? When
is an obligor/debtor liable to the creditor/obligee even during fortuitous event?
Answer:
A fortuitous event is something unexpected that couldn't have been foreseen. Usually,
a debtor isn't responsible for these events. However, they can still be liable if they
promised a specific thing, were late, or were careless.
Article 1174. Except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the assumption
of risk, no person shall be responsible for those events which could not be foreseen, or
which, though foreseen, were inevitable. (1105a)
5. An obligee or creditor may run after all the property of an obligor/debtor, except
what property of the obligor/debtor?
Answer:
These exempt properties are typically defined by law and are intended to protect
individuals and families from financial hardship. The specific exempt properties may
vary depending on the jurisdiction, but common examples include family homes,
basic necessities, tools of the trade, retirement savings and certain types of insurance.
6. How does pure and conditional obligation differ?
Answer:
According to Article 1179, Civil Code of the Philippines: "An obligation is pure when
it is not subject to any condition. An obligation is conditional when its fulfillment or
extinguishment depends upon an event which is uncertain. The event may be
suspensive or resolutory."
Article 1179. Every obligation whose performance does not depend upon a future or
uncertain event, or upon a past event unknown to the parties, is demandable at once.
Every obligation which contains a resolutory condition shall also be demandable,
without prejudice to the effects of the happening of the event. (1113)
7. Can a person deliver and perform an obligation with a period before its intended
fulfillment date?
Answer:
Yes, a person can deliver and perform an obligation with a period before its intended
fulfillment date. However, the creditor is not obligated to accept the performance if it
is made before the due date. If the creditor accepts the performance, it shall be
deemed as if the term had not been fixed.
Article 1198. The debtor shall lose every right to make use of the period:
(1) When after the obligation has been contracted, he becomes insolvent, unless he
gives a guaranty or security for the debt;
(2) When he does not furnish to the creditor the guaranties or securities which he has
promised;
(3) When by his own acts he has impaired said guaranties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;
(4) When the debtor violates any undertaking, in consideration of which the creditor
agreed to the period;
(5) When the debtor attempts to abscond. (1129a)
8. Suppose payments for the construction has a schedule, when may the client
demanded the entire amount even if the amount due is not yet scheduled?
Answer:
According to Article 1170, Civil Code of the Philippines: "Those who in the
performance of their obligations contravene the tenor thereof are liable for damages.
The debtor shall also be liable if he fails to perform his obligation due to his own fault
or negligence."
Article 1170. Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are
liable for damages. (1101)
9. What is the difference between joint and solidary obligations?
Answer:
According to Article 1208, Civil Code of the Philippines: "An obligation is joint when
each one of the debtors is liable only for his proportionate share of the debt. An
obligation is solidary when each one of the debtors is liable for the entire obligation."
10. Distinguish divisible and indivisible obligations. Cite examples.
Answer:
According to Article 1225, a divisible obligation can be divided into smaller parts
(like delivering 10 bags of cement). An indivisible obligation can't be divided (like
drawing a design of a building).
Article 1225. For the purposes of the preceding articles, obligations to give definite
things and those which are not susceptible of partial performance shall be deemed to
be indivisible.
When the obligation has for its object the execution of a certain number of days of
work, the accomplishment of work by metrical units, or analogous things which by
their nature are susceptible of partial performance, it shall be divisible.
However, even though the object or service may be physically divisible, an obligation
is indivisible if so provided by law or intended by the parties.
In obligations not to do, divisibility or indivisibility shall be determined by the
character of the prestation in each particular case. (1151a)