OBLICONJuridical- distinguishes a civil obligation from natural and moral obligation.

I
n case there is non performance, a person can go to court to file an action for
a specific performance.
Memorize natural obligations: Art 1423
Examples:
Elements:
1. Parties- Active subject- creditor-he is the one the who has the right to go to court in
case of
non performance
-Passive subject-debtor
2. Object-(prestation)-conduct to be performed by the debtor. (to give, to do, n
ot to do)
In order for an object to be valid: (DULAP)
**determinate
**useful
**lawful
**assessable in money
**possible
3. Juridical ties-sanction- in case there is non performance, can go to court.
---------------------------------------------------ART. 1231. Obligations are extinguished:
1. By the payment or performance;
2. By the loss of the thing due;
3. By the condonation or remission of the debts;
4. By the confusion or merger of the rights of creditor or debtor;
5. By compensation;
6. By novation.
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Kinds of Obligations:
**According to peculiarity of prestation:
Pure
with a condition
with a period
**According to number of parties:
Joint
Solidary
**According to prestation to be rendered:
Individual
MultipleAlternative
Facultative
**According to quality of object or prestation:
Positive or negative
Specific or generic
Divisible or indivisible-whether it can be performed partially or not
Principal or accessory-connected with contract:

ex: simple motoum

_____________________________
Quasi ContractsNegotiorum gestio- no meeting of the minds
-no consent between the
parties
-managing property of
another person
Solutio indebiti
-unjust enrichment
_________________________________
**Can a person file an independent civil action without making any reservation?
-->Sources of obligation is the key to answer
-->Art 100 of RPC -a person who is criminally liable is civilly liable.
-->Art 29, 30, 31, 35 and, 21, 77 NCC (Obligations arising from delict)
--> Sec 1 Rule 111 of Rules of Court
Exceptions:
-Civil action filed ahead of
criminal action
-there is a waiver in filing a
civil action
-if there is a reservation in
filing a
n independent
actions
**If obligation arises from contract, law, quasi contract, quasi delict: Yes an
action may be filed without making any reservation***
**But if obligation arises from delict, in accordance with sec 1 of Rule 111 of
the Rules of Court, and Art 100 of RPC, a reservation has to be made before fili
ng an independent civil action.
Reservation- only a requirement if talking about an obligation arising from a de
lict.
**When to make reservation when talking about a civil liability arising from a d
elict?
***Make reservation before prosecution
presents evidence in the criminal
case
***Manifestation that a civil action will be filed
**Upon death of the accused, what happens to the civil liability arising from th
e delict?
****Civil liability arising from the delict will also be extinguished but the fa
mily of the victim may still file a civil action for damages treating the act no
t as delict but as quasi delict (negligence)
***ESTATE of the accused declared as juridical person***
**Bayotas vs Sinday Diego
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**Enumerate the duties of Obligor/debtor:
1) Prestation to deliver a determinate thing:
A) Preserve the object with due diligence of a good father of a family
B) Delivery of accessions and accessories
a) Accessions: API
A-ttached-(if there is an attempt to
it it will cause
injury)
P-roducedI-ncorporated
Adjunction- Two Personal properties
identities are
retained
Confusion-identities of property
Speficification-transformed into a diff
Principal accessory- rule of

remove

put together and

disappears
property
importance.

Real property-Accession discreta,

Accession Continua Internal Forces
1.) Three fruits: industrial, civil and
b) Accessory-ornament
-although attached, when
ed will not cause

fruits (DFA)
(CIA)
natural

remov
injury

2) Prestation to deliver a generic thing:

a) deliver thing of same quality specified
b) no obligation to deliver accessory-indeterminate thing
3)Prestation to do-simply do the act as promised and not to change it
4)Prestation not to do-not to perform the conduct prohibited
-undone at the expense of debtor
_____________________________
DELAY/MORA- Failure to perform an obligation in due time (usually obligation ari
sing from contract)
Kinds of delay:
1) mora solvendi-delay on the part of debtor
2) mora accepiende-delay on the part of creditor
3)compensatio morae- delay on the part of debtor and creditor
General Rule: No demand, no delay
Exceptions:
1. If obligation (arising from contract/law )expressly declares it (without need
of demand)
2. Time is of the essence
3. Demand will be useless
Reciprocal obligation-from the moment that the other party has already fulfi
lled his obligation.
--------------Fortuitous event-can be an act of God or act of man.
-might affect performance of obligation
Requisites:
1. independent of human will
2. impossible to foresee, even if foreseen can not be avoided
3. because of fortuituous event, impossible for debtor to perform in a normal wa
y
4. debtor has no concurrent fault (debtor not in delay, not negligent)
Exceptions: (inspite of fortuituous event, debtor still liable)
1. there is a law that expressly provides for it.
-art 1942, art 2001
-officious manager art 2147
2. if it expressly stipulated by the parties
3. debtor in delay
4. debtor guilty of negligence or fault
_____________________________
Remedies given to creditor in case of breach in obligation:
1. Prestation to deliver a specific thing:
-file an action for a specific performance plus damages
-file an action for rescission plus damages

2. Prestation to deliver generic:

-ask a third person to act as substitute Art 1165 Par 2.
3. Prestation to do:
-ask a third person to do as substitute, except, when performance is personal, c
annot be substituted. ask for damages
-ask debtor to undo but to his own expense
4. Prestation not to do:
-file an action for damages
-undo the prohibited act that was done with damages
Subsidiary remedies:
1.) accion pauliana-remedy given to the creditor to question the validity of con
tracts entered into by his debtor so that the debtor can keep his property from
being attached.
2.) accion subrogatoria-an action in the name of the debtor
3.) accion publiciana-remedy given to the owner for the recovery of the possessi
on of a real property if one year for filing ejection has lapsed.
___________________________
Classification of Obligation:
According to Peculiarity of Prestation:
1. Pure-demandable at once
2. Obligation with a condition-uncertain event, may or may not happen (event)
3. Obligation with a period- certain to happen
Suspensive condition-not sure to happen, the happening of event will give rise t
o the obligation
ex. an employee is awarded outstanding
employee
Suspensive period-sure to happen, the happening of which will give rise to the d
emandability of the obligation
ex. retirement from work
Resolutory condition-the happening of the condition will extinguish the obligati
on
Resolutory period-the happening of the period will extinguish the obligation
_______________________________________
**What happens when there is a deterioration, loss or improvement during the pen
dency of condition or period in a prestation to give?
***Loss- qualification if there was fault or no fault on part of the debtor.
-if physical loss is without fault of the debtor, obligation is extinguished.
-if physical loss is by fault of the debtor, he is liable for damages
Lost in Civil Law- not limited to Physical law, if a property goes out of the co
mmerce of men.
It becomes a thing not a property.
U-Utility
S-Substantivity
A-capable of being Appropriated

***kind of property involved in prestation to give is important. if what is invo

lved is specific, fortuitous event, obligation is extinguished. if generic, even
if there is fortuitous and physical loss, obligation is not extinguished.
***Deterioration-when property involved is consumable (ex. fruits)
-if without the fault of the debtor, creditor will have to bear the impairment
-if by fault by debtor, creditor may either:
-rescission with damages
-fulfillment plus damages
***Improvement-if improved by nature, it will benefit the creditor.
-if at expense of the debtor, apply rules governing usufract
Specific thing-obligation is extinguished in event of fortuitous event or loss d
uring pendency
Generic thing-genus does not perish, even if fortuitous event, or physical loss
since it can be substituted
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Rules governing usufract:
1.) removal of improvement-right of usufractury
-------------------------------According to prestations:
1. individual-one prestation
2. multiplea) facultative-only one prestation agreed
upon and that one prestation
is due.
-debtor has the right not to
perform obligation that is due
but substi
tute with another
prestation.
***there is choice/option to be exercised by the debtor in facultative***
-if prestation becomes impossible to fulfill it becomes simply an individual obl
igation
b) alternative-several prestations due
-fulfillment of one will
extinguish the obligation
___________________________
According to plurality of parties:
1) Joint-favorable to debtor, creditor can only demand from debtor his share. he
cannot be compelled to fulfill the entire obligation.
**If no express stipulation as to what kind of obligation is involved, the presu
mption of the code is a joint obligation. **
2) Solidary-more onerous on the point of view of debtor, but advantageous on pov
of creditor.
-only one can be compelled to perform the entire obligation
Ex. of Solidary Obligation created by Law:
-Special parental authority-schools, teacher,

administrator

Rule:
When object is involved is prestation to give, if it is indivisible or no partia
l performance of obligation and joint obligation- there should be common desire
among joint debtors to perform obligation.
-if no common desire to perform obligation, converted into indemnity for damages

if only one debtor agrees and others dont. share will be quantified.
-in case of insolvency- others shall not be liable for the insolvent debtor
According to Quality of Object:
1. Positive/negative
2. Generic/specific
3. Divisible/indivisible
4. Principal and accessory contract
5. Obligation with a penal clause- obligation arising from contract and law. -to
put pressure on the debtor
General Rule on Indivisibilty: Law presumes that the obligation is indivisible
Art. 1233 and 1248-law requires payment in full not by installment
Exceptions:
1) Art 1720
2) Obligation is artially illegal
3) Art 1248
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Third Mode of Extinguishing an Obligation:
-Remission/condonation-gratuitous-has to comply with formalities of a donation:
Formalities of a donation:
1.) dependent upon the kind of property being donated:
-if personal-if value does not exceed 5000 pesos, need not be in writing. only r
equires simultaneous delivery and acceptance on the part of the donee
-if over 5000, it has to be in writing with acknowledgment of acceptance on the
part of the donee
-if real property- should be in writing and has to be in public instrument (this
requirement is necessary for the validity not enforceability)
-non-compliance will make the donation void.
Requisites for Condonation/Remission:
1) Gratuitous- no consideration is given
2) It has to be accepted by donee/obligor
3) Obligation is due and demandable
-Total remission-benefits everybody
-Partial remission-principal obligation will be reduced, balance will be spread
out among the solidary debtors
______________________
Confusion or Merger: (taken in the context of obligation is the merger of the pe
rsonalities of the creditor and debtor into one person)
Requisites to valid mode of extinguishing of obligation:
1) Merger of creditor and debtor into one person
2) Must be complete and definite
3) Does not apply to joint obligation
________________________
Legal Compensation-it is immaterial whether the parties involved are aware of it
or not as it is by operation of law that the obligation is extinguished.
Requisites: (PRIMODLS)
1) Principal debtor/creditor of each other
2) Debts are sum Money or if consumable, same kind and quality

3) Both debts are due

4) Has to be liquidated-determined and certain
5) Not subject to retention or controversy-no other person has interest over it
**Cases when Compensation is prohibited:
1) Obligation arising from a deposit- contract for safekeeping.
2) Obligation arising from commodatum-just like in deposit, there is no transfer
of ownership, but simply a transfer of use and possession of the property. Bail
ee has obligation to return property that was handed to him for use.
3) Support by gratuitous title4) If it involves a civili liability arising from criminal offense or delict as
it will create an impression that delict is subject to settlement.
5) Damage caused to a partnership by a partner.
6) Obligation in favor of the government
Assignment of Credit:
Art 1285 contemplates three cases:
1) Assignment to third party was with consent of debtor-there must be reservatio
n on the part of the debtor if not, compensation will not be applicable anymore.
2) Debtor did not agree to assignment-compensation will be applicable to those t
hat were due prior to the assignment.
3) Creditor assigns to third party without knowledge of debtor- will be binding
to the debtor upon knowledge of the assignment. if debtor has no knowledge of th
e assignment, compensation will still be applicable
-----------------------------------Novation:
-does not totally extinguish obligation
-one obligation is extinguished and another obligation is created
Takes place if ANY of the ff. changes:
1) Object or principal condition
-dacion en pago
2) Change in the debtor
3) Change in the creditor
Requisites to be valid:
1)
2)
3)
4)
5)

There is an old obligation

There is a new obligation
There is a substantial difference between the
Capacity of the parties
Intention to extinguish

old and the new obligation

Novation is not presumed. It should be in unequivocal terms. It must be explicit

.
Real novation-change in object
Personal novation-change of party
Ex promision-without knowledge of old
debtor
Delegacion-old debtor has knowledge of
change
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