F. Civil obligation. 10.

A natural obligation arises when debtor

F. 1. The delivery of something or anything Art. 1243. Payment made pays the creditor after a judicial order
It must be licit and within may be the prestation of a valid to the creditor by the for debtor to retain the debt.
the commerce of men. obligation. debtor after the latter has
been judicially ordered
F. Contract 2. The source of obligation of a school for
to retain the debt shall
injuries suffered by a student who was
not be valid
mauled inside the campus by a
stranger is quasi-delict. T 11. The obligation arising from a contract of
loan is unilateral.
F. Not liable to pay 3. A son-in-law who brings his
(under 2167, yung mother-in-law to a hospital for T. 12. It is essential in bilateral reciprocal
mother-in-law general treatment shall be liable under the law obligations that both arise from the
rule) to pay for the hospital bills. same source.
T 4. An obligation based on quasi-delict F. Not cyclic 13. An obligation arising from a contract of
may arise from the performance of a commodatum is an example of cyclic
contract. obligation.
F. Obliged is the general 5. The officious manager in negorotium T. 14. A divisible obligation is susceptible of
rule under 2144. (EXC: gestio has no obligation to the owner if partial performance.
This juridical relation he acts in good faith. F. Integrity of obligation. 15. Identity of obligation requires that the
does not arise in either performance must be complete.
of these instances: F. Specific lang. 16. In obligations to give specific/generic
(1) When the property or things, the obligor must perform in GF
business is not the principal and all accessory
neglected or abandoned; obligations.
(2) If in fact the manager T 17. As a general rule, an obligation to do
has been tacitly may be performed by another at the
authorized by the debtor's expense.
owner.) T 18. There is no legal accessory obligation
T 6. A moral obligation is also referred to as in an obligation not to do.
an imperfect obligation because it has F. 19. An obligation not to do can be
no legal consequence. performed by a delegate.
F. Civil lang. Natural 7. Civil and moral obligations may F. ​Action may be filed 20. Any action for a breach of an obligation
obligation there is a become natural obligations. based on the principle of is premature if there is no actual breach
juridical tie and may anticipatory breach as upon the expiration of the prescribed
legal effect if voluntarily enunciated in the case of period for performance.
fulfilled. Sa moral, wala. Blossom and Co. vs
T 8. A civil obligation that lapsed by Manila Gas Corp.
extinctive prescription ipso facto F. Recovery of damages 21. Fraud in the performance of contractual
becomes a natural obligation. obligation may result to an annulment
T 9. A civil obligation arises when a minor of the contract.
who has entered into a contract w/o the F. Annulment of contract 22. Fraud in the performance of an
consent of parent/guardian voluntarily is only a remedy in dolo obligation and deceit in celebration of a
pays a sum of money in fulfillment of incidente (one contract are similar in the sense that an
the obligation and obligee has spent it committed in the action for annulment is a common
in gf. performance of an remedy.
obligation).
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 F. Prohibition only refers 23. A cause of action based on fraud T 35. The debtor may recover what he pays
to future fraud. committed in the execution of an voluntarily before fulfillment of the
obligation cannot be waived. condition.
F. Only positive 24. There could be delay in the F. The obligation will be 36. In case of a positive suspensive
obligation. performance of a negative obligation. extinguished. condition, the obligation becomes
effective upon lapse of the time
T 25. There is no delay in the performance of indicated or when it becomes evident
alternative obligations. the event cannot occur.
F. 26. In an obligation not to do, there could T. 37. The loss of the thing due pending the
be specific performance. happening of a suspensive condition
T 27. An unpaid seller may avail of will give the creditor the right to rescind
extrajudicial remedies for breach of w/ damages.
buyer's obligations. F. Unless deterioration is 38. The detoriation of the thing due
T 28. Mechanical defects of a vehicle and tire due to the fault of the pending the happening of a suspensive
blowout are not fortuitous events. debtor. condition will give the creditor thte right
F. Carnapping per se 29. Carnapping per se is a fortuitous event. to rescind w/ damages.
does not foreclose the F. 39. A single breach is sufficient for the
possibility of negligence rescission of an installment sale of a
on the part of the owner movable.
or possessor of the car T. 40. A single breach is not sufficient for the
(Sicam vs Jorge, 2007 rescission of the installment sale of an
case) immovable.
F. The obligation was 30. If debtor promised to deliver a big T. 41. Rescission under 1191 applies only to
generic. carabao to creditor/agent, the death of reciprocal obligations.
debtor's 1 and only big carabao in a T. 42. Rescission under 1191 may be refused
flood extinguished his obligation. by the court.
T 31. The unreasonable suspension of a F. A period is a day 43. A period may refer to a past unknown
bank's operations by CB may be a certain and must event because even if unknown, it
Government prohibition fortuitous event to excuse the bank necessarily come, already happened.
is a fortuitous event. from performing its obligation to a although it may not know
depositor. when. ( par 3, Art 1193)
F. 32. An impossible condition shall not affect T. 44. The creditor may reject advance
the validity of an onerous or gratuitous payment in an obligation w/ a period.
It shall affect. obligation. T. 45. There is no retroactivity in an obligation
T. 33. The imposition of a potestative subject to a resolutory condition.
resolutory condition will not affect the F. Under Art 1200 The 46. If the debtor in an alternative obligation
validity of the obligation. right to choose belongs does not choose, the creditor may
F. Under Art 1188, the 34. Pending the happening of a suspensive to the debtor unless choose the prestation to be delivered.
creditor may, before the condition, the creditor could not avail of expressly granted to the
fulfillment of the any action against the debtor. creditor.
condition, may bring T. 47. In an alternative obligation, the election
appropriate actions for becomes operative only when
the preservation of his communicated to the other party.
rights. F. The creditor may 48. If by the debtor's fault all alternative
demand the value of any prestations were lost, the creditor may
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 object lost BUT not if the demand the value of any object lose F. Art. 1174 provides, 58. 1174 exempts an obligor from liability
first object was lost even if the first object was lost through also, those though on account of fortuitious events or force
through fortuitous event. a fortuitous event. foreseen but are majeure, refers only to unforseeable
F. Art. 1245 Dacion is 49. The rules applicable to facultative inevitable. events.
governed by law on obligations are the asme as the rules F. Under Cuizon vs. CA, 59. A court can stipulate for the parties or
sales. (p. 246 Jurado on dation in payment. it is not in the province amend the agreement where the same
Oblicon. of the court to alter a contravents law, morals, good customs,
In facultative, right of contract by construction public order or policy.
choice pertains to or to make a new
debtor. In dacion, contract for the parties.
consent of creditor is Its duty is confined to
needed. the interpretation of the
F. In facultative 50. The choice to substitute in a facultative one which they have
obligations, the right of obligation may be given to the creditor. made for themselves
choice pertains only to without regard to its
the debtor. It is in wisdom or folly as the
alternative obligations court cannot supply
where the right of choice material stipulations or
may pertain to the read into the contract
creditor or a third words which it does not
person. contain. (p. 812 Jurado
F. 51. In a solidary obligation, there is mutual Reviewer)
agency among debtors. T. 60. Robbery may be considered a
T. 52. An obligation is a juridical necessity to fortuitous event.
do or not to do, to give or not to give. F. In Tan Chiong case, 61. When the negligence of a person
T. 53. Obligations arising from valid, voidable when the negligence of concurs w/ the act of God in producing
and rescissible contracts have the force the carrier concurs with a losee, such person is exempt from
of law between the contracting parties an act of God producing liability by showing that the immediate
and should be complied w/ in GF. loss, the carrier is not cause of damage was the act of God.
F. Art. 1423 54. Exceptionally, natural obligations can exempted from liability
be enforced by court action to prevent by showing the
unjust enrichment. immediate cause of the
F. Art. 1423. Natural 55. Civil obligations derive their binding damage was the act of
obligations are based on force from positive law, while natural God. When the loss is
equity and natural law from divine law. caused by the act of
F. 56. A driver of a car, who was not able to God, if the negligence of
control the car due to negligent act of the carrier mingles with
truck driver in encroaching upon his it as an active and
lane is liable for damages for injuries cooperative cause, he is
suffered by the passengers of a still liable (p. 89 Jurado
jeepney it hit. Oblicon). To constitute a
F. 57. In order that demand may not be fortuitous event that
necessary, it is required that the would exempt a person
obligation or the law expressly states from responsibility, it is
the demand shall not be necessary. necessary: that xxx (4)

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 the obligor (debtor) must
be free of participation
in, or aggravation of the
injury to the creditor.
F. Dolo incidente refers
to deceptions not
serious in character and
without which the other
party would still have
entered into the contract.
T 63. One who negligently creates a
F. Not liable for the
‘entire’ loss. Article 1739.
In order that the common
carrier may be exempted
from responsibility, the
natural disaster must
have been the proximate
and only cause of the
loss. However, the
common carrier must
exercise due diligence to
prevent or minimize loss
before, during and after
the occurrence of flood,
storm or other natural
disaster in order that the
common carrier may be
exempted from liability
for the loss, destruction,
or deterioration of the
goods. The same duty is
incumbent upon the
common carrier in case
of an act of the public
enemy referred to in
article 1734, No. 2.
Article 1741. If the
shipper or owner merely
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contributed to the loss,
destruction or
deterioration of the
goods, the proximate
62. Dolo incidente or incidental fraud must cause thereof being the
be serious and w/o which the other negligence of the
party would still have entered the common carrier, the
contract. latter shall be liable in
damages, which
however, shall be
equitably reduced.
dangerous condition cannot escape F. Art. 1176 provides 65. The receipt of the principal by the
liability for the natural and probable “shall give rise to the creditor, w/o reservation w/ respect to
consequences thereof, although the act presumption”. Not the interest, shall give rise to a
of a 3rd person, or an act of God for “conclusive conclusive presumption that said
which he is not responsible intervenes presumption.” There interest has been paid.
to precipitate hte loss. only arises a disputable
64. Where a natural disaster is hte only presumption. (p. 102
and proximate cause of a loss, the Jurado Oblicon)
failure of a common carrier to exercise T 66. The person using violence or causing
due diligence to minimize loss before fear to make another perform a criminal
during, and after the occurence of a act, shall be primarily liable for the civil
natural disaster, shall make it liable for obligation arising therefrom.
the entire loss. F. Art. 1166. Obligation 67. The obligation to give a determinate
to give a determinate thing includes that of delivering all the
thing includes that of accessions and accessories only if they
delivering all its have been mentioned.
accessions and
accessories, even
though they may not
have been mentioned.
F. Art. 1182. When the 68. When the fulfilment of the condition
fulfilment of the depends on the sole will of debtor or
condition depends upon creditor, obligation shall be void.
the sole will of the
debtor, the conditional
obligation shall be void.
T. 69. Before the resolutory condition
happens, the party who has a right is
practically in the same position as one
who has an obligation subject to
suspensive condition.
T 70. If the improvement was at the expense
of the debtor, he shall have the same
rights as a usufructuary.
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 F. The student is in
custody of the school
authorities as long as he
is under the control and
influence of the school
and within its premises
(Amadora vs. CA); They
are at attendance in the
school, including recess
time.
F. Art. 1163. Every
person obliged to give
something is also
obliged to take care of it
with the proper diligence
of a good father of a
family, unless the law or
the stipulation of the
parties requires another
standard of care.
Art. 1173 (2​nd​ par) If the
law or contract does not
state the diligence which
is to be observed in the
performance, that which
is expected of a good
father of a family shall be
required.
F. Art. 1169. Those
obliged to deliver or to
do something incur in
delay from the time the
obligee judicially or
extrajudicially demands
from them the fulfilment
of their obligation.
F.
In obligation to do, no
specific performance.
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71. For purposes of liability, the school
exercises custody over a minor student
doing his assignment at Starbucks.
72. A travel agency must observe EO
diligence in performing its obligation to
process travel docs.
Enumeration:
73. There is no delay when a lessee, who
failed to pay his monthly rent for 10
mos, pays immediately upon demand.
74. A property owner may file an action for
specific performance against a 4.
contractor who fails to commence
construction within a reasonable period
of time after signing of the contract
even if no specific period was agreed
upon.
T. 75. If time is of the essence, the creditor
may rescind the obligation even if the
debtor is ready to perform a day after
the designated period.
T 76. A donation made to 3rd party a year
before the obligation of debtor to
creditor was established cannot be
rescinded.
F. Fortuitous event is an 77. A collision of a barge w/ a bridge
event which could not be support of Ayala bridge along Pasig
foreseen or which river is a fortuitous event.
though foreseen, were
inevitable. It does not fall
within the meaning of
FC.
T 78. Throwing of stones by mischievous
boys which broke the windshield of a
taxi causing it to turn turtle is a valid
defense against liability of injuroes
suffered by a passenger.
T 79. The standard precautionary release of
waters of a dam to avoid spillover is a
valid defense against flood damage
claims.
● Instances when a debtor is liable notwithstanding a fortuitous event
1. Expressly declared by law
2. Obligor or debtor delays
3. O/D promised to the same thing to 2 or more persons who do not have the
same interest
4. Obligor is at fault
5. Stipulation or agreement that the obligor will not be excused even if the
cause is fortuitous event
6. Assumption of risk
7. Generic thing to be delivered
● Requisites of mora solvendi.
1. Positive obligation
2. Demandable and liquidated obligation
3. Delay by obligor for reasons imputable to him
Demand extra or judicial
● Instances when consignation may be made without tender
1. Creditor to whom tender of payment has been made refuses without just
cause to accept it
2. Creditor is absent or unknown, or does not appear at the place of payment;
3. Creditor is incapacitated to receive the payment at the time it is due;
4. Creditor refuses to give a receipt, without just cause
5. 2 or more persons claim the same right to collect;
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 6. Title of the obligation has been lost.
● Requisites of payment by cession.
1. 2 or more debts
2. 2 or more creditors
3. 1 insolvent debtor
4. Abandonment by debtor of his properties in favor of creditors
5. Acceptance of creditors
● Instances when penalty can be equitably reduced (7)
o Partial performance or irregular performance
o Iniquitous or unconscionable penalty agreed upon
● Instances when law provides a direct action against the debtor's debtor (4)
(Requisites of subrogatory ba to?)
o Creditor has a right of credit against the debtor although not yet liquidated
o Due and demandable credit
o Failure of debtor to collect from 3​rd​ persons or debtor of debtor
o Insufficient assets of debtor
o Rights and actions are not purely personal
● Distinction between rescission of contracts in fraud of creditor and
rescission/resolution under art 1191 (6)
Resolution 1191 Rescission 1380
Valid and existing contracts Same
1 party to the contract demands Party suffering lesion or 3​rd party
prejudiced demand
Non performance is a ground Equity grounds
Court determines sufficiency o reason Sufficiency of reason does not affect
to justify extension of time to perform right to ask for rescission
obligation
Reciprocal obligations Unilateral or reciprocal
Principal remedy Subsidiary remedy
● Requisites of application of rule on fortuitous events (4)
1. Independent of the human will or at least of debtor’s will
2. Unforeseen or if foreseen, is inevitable
3. Impossible for debtor to comply w/ his obligation in a normal manner
4. Free from any participation in or aggravation or, the injury to the creditor or no
concurrent negligence on his part↓

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