ObiCon Reviewer

1. Obligations arising from have the force of between the contracting

parties and should be complied with in .

2. Obligation derived from shall be subjects to the provision of Chapter 1, Title XVII, of this
book.

3. Obligation derived from are not presumed. Only those expressly determined in this code
or in special laws are , and shall be by the precepts of the which
establishes them.

4. Civil obligation arising from shall be governed by the , subject to the

provisions of the article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on
and of Title XVIII of this Book, regulating .

5. Obligations derived from shall be governed by the provision of Chapter 2, Title XVII of
this Book, and by .

Obligations arise from:

1.
2.
3.
4.
5.

6. The obligation to pay income taxes to the government is derived from

a. Law b. Quasi-delicts c. Contracts d. Quasi-contracts
7. The duty of the father to provide support to his children is derived from
a. Law b. Quasi-delicts c. Contracts d. Quasi-contracts
8. The obligation to pay monthly rent on a rented apartment is derived from
a. Law b. Quasi-delicts c. Contracts d. Quasi-contracts
9. The obligation to pay interest on top the principal obligation due to the bank is derived from
a. Law b. Quasi-delicts c. Contracts d. Quasi-contracts
10. The juridical relation resulting from lawful, voluntary and unilateral acts by the virtue of which the
parties become bound to each other so that no one will be unjustly enriched or benefited at the
expense of another is a
a. Solution Indebiti b. Quasi-contarct c. Quasi-delict d. Restitution
11. The juridical relation which is created when something is received when there is not right to demand it
and it was unduly delivered through mistake is called
a. Solution Indebiti b. Quasi-contarct c. Quasi-delict d. Negotiorum Gesto

12. Mr. Lemony used the car of his neighbor without permission. He later returned the car and apologized
for his use of it without permission. The returned car, however, had damaged bumper and side mirror
 and his neighbor wants him to pay for the repair costs for the car. On what ground can the neighbor
obliged Mr. Lemony to pay for the car repair?
a. Law b. Quasi-delicts c. Contracts d. Acts/omission punished by law
13. The voluntary management of the property or affairs of another without the knowledge or consent the
latter is called
a. Solution Indebiti b. Quasi-contarct c. Quasi-delict d. Negotiorum Gesto
14. Anabel demanded that her neighbor Liza, whose flower plant on a pot in the second floor accidentally
fell on her head while she was just walking, pay for the medical expenses she incurred for the medical
treatment on her chin that was damaged by the falling flower pot.

Question: Can Anabel demand Liza to reimburse medical expenses? Yes or No?
If answer is yes, what is the source of obligation on the part of Liza to pay for the medical expenses? z

15. The meeting of the minds between 2 persons whereby one binds himself, with respect to the other
give something or to render some service is called
a. Solution Indebiti b. Contract c. Quasi-delict d. Negotiorum Gesto
16. ABC Grocery mistakenly delivered a sack of rice to be paid after 15 days to the house of Mr. Santos and
was received by his son. However, it was Mr. Santi who ordered for the sack of rice and not Mr. Santos.
When ABC Grocery failed to collect from Mr. Santi because he did not really receive the sack of rice,
ABC Grocery tried to collect payment from Mr. Santos who refused to pay because he didn’t order for
the rice.

Question: Can ABC Grocery collect from Mr. Santos? Yes or No?

If answer is yes, what is the source of obligation on the part of Mr. Santos to pay for the rice?

17. The act or omission by a person which cause damage to another person, property or rights giving rise
to the obligation to pay for the damage done, there being fault or negligence but no pre-existing
contractual relation between parties is called
a. Solution Indebiti b. Contract c. Quasi-delict d. Negotiorum Gesto

18-22 REQUISITES OF QUASI DELICT

CRIME QUASI-DELICT

Criminal or malicious intent or criminal

negligence 23.

Purpose is punishment 24. of the offended party.

Affects public interest 25. Concerns interest.

 Generally criminal & civil liabilities 26. liability
Criminal liability cannot be compromised or
settled by parties 27.
Guilt must be proved beyond reasonable 28. Fault or negligence be proved by
doubt Of evidence.

29. An obligation is a juridical necessity to , to do or not to do.

30. Obligation is derived from a Latin term which means , what is the Latin term?

Elements of Obligation

3. subject – possessor of a right in whose favor the obligation is constituted.

32. subject – has the duty to perform the obligation.

33. - the reason why the obligation exists.

34. - the subject matter of the obligation.

35. In few cases, the or manner in which the obligation is manifested can be important.

CASE 1: Jasmine promise to dance ballet the birthday of Betina for P15,000.00 written in an
agreement.

36. Who is the obligor?

37. Who is the obligee?

38. What is the prestation?

39. What is the juridical tie?

CASE 2: Josie promise to paint the house of Betty P5,000.00 written in an agreement.

40. Who is the obligor?

41. Who is the obligee?

42. What is the prestation?

43. What is the juridical tie?

44-45 Enumerate the kinds of obligation from the viewpoint of subject-matter

46-47 Enumerate the kids of obligation from the viewpoint of person obliged
48-50 Enumerate the kinds of obligation from the viewpoint of sanction

51-54. Every person obliged to give something is also obliged to take care of it with the of a
good , unless the law or the of the requires another standard of
care.

55-58. The has a right to the of the thing from the time the obligation to

it arises. However, he shall acquire right over it until the same has been
delivered t him.

59-61. Give three (out of 5) duties of debtor on obligation to give a determinate thing:

ANSWER COLUMN A. COLUMN B.

A thing said to be particularly designated or physically
62.
segregated others of the same class. A. Civil Fruits
It refers to a class or genus to which it pertains and cannot
63.
be pointed out with particularity. B. Natural Fruits

64. Identified with its individuality. C. Personal Right

Spontaneous products of the soil and the young and other Specific or
65.
products of animals.
D. determinate
66. Fruits derived by virtue of juridical (legal) relation. E. Emotional Fruits
67. Identified only by its specie. F. Legal right
Right or power of a person (creditor) to demand from
68. another (debtor, as a definite passive subject), the G. Industrial Fruits
fulfillment of the latter’s obligation.
69. A right directed against the whole world. H. Interest
Generic or
70. Produced by lands of any kind through cultivation or labor. I. indeterminate
Right or interest of a person over a specific thing (like
71. ownership) without a definite passive subject against J. Enforceable rights
whom the right may be enforced.
Right which is binding or enforceable only against a person
or interest of a person over a specific thing (like ownership)
72.
without a definite passives subject against whom the right
K. Real right
may be enforced.
73. ARTICLE 1165. When what is to be delivered is a thing, the , in addition to the
right granted him by article 1170, may compel the to make the . If the thing is
indeterminate or , he may ask that the obligation be complied with at the expense of the
. If the obligor delays, or has promised to deliver the same thing to two or more persons who
do not have the same interest, he shall responsible for any until he has affected the delivery.

74. ARTICLE 1166. The obligation to give a determinate thing includes that of delivering all its
and , even though they may not have been mentioned.

75. ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be executed at
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it
may be decreed that what has been poorly done be undone.

76. ARTICLE 1168. When the obligation consists in at the does what has been
forbidden him, it shall be also be undone at his expense.

ANSWER COLUMN A. COLUMN B.

Can be performed by a third person since the object is
77.
expressed only according to its family or genus.
A. Profits
The creditor can demand or compel performance of the
Generic real
78. obligation (if still possible) of the obligation with a right to B. Obligation
indemnity for damages.
Things joined or included with the principal for the latter’s
79
embellishment, better use or completion.
C. Accessions
The fruits on land; rents of a building; air conditioner in a Specific real
80.
car; profits or dividends accruing from shares of stock. D. obligation
The key of a house; frame picture; bracelet of watch; bow
81.
of a violin.
E. Interests
The fruits of a thing or addition to or improvements upon a
82.
thing (the principal) F. Accessories

83. These things and the principal thing must go together. G. Fixtures
84. These are not necessary to the principal thing. H. Decorations

85. ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the oblige judicially
or extrajudicially from them the fulfillment of their obligation.
However, the demand by the creditor shall not necessary in order that delay may exist:

(1) When the obligation or the law so declare; or

(2) When from the nature and the circumstances of the obligation it appears that the designation of the
When the thing is to be delivered or the services is to be rendered was a controlling motive for the
establishment of the contract; or

(3) When the demand would be , as when the obligor has rendered it beyond his power to
perform. In obligation, 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.

86. ARTICLE 1170. Those who in the performance of their obligations are guilty , ,
or , and those who in any manner the tenor thereof, are liable for .
ANSWER COLUMN A. COLUMN B.
Fraud committed in the performance of the obligation
87.
already existing because of contract.
A. Mora solvendi
Legal delay or
88. Fault or Culpa B. default de mora
Failure to perform an obligation on time which constitute a
89
breach of the obligation. C. Mora accipendi

90. Delay of obligors in reciprocal obligations D. Ordinary delay

91. Delay on the part of the debtor to fulfill his obligation. E. Fraud
The net result of this delay is that there is no default on the
92.
part of both parties.
F. Negligence
Compensation
93. The creditor will be liable for damages. G. Morae
94. The debtor will be liable for fortuitous event H. Waiver
95. For his delay, he bears the risk of loss of the thing due I. Dolo incidente
96. Deceit or Dolo J. Dolo causante
97. Failure to perform an obligation on time K. Negotiorum Gesto
Delay on the part of the creditor to fulfill his obligation to
98.
accept performance.
L. Interests

Give the classification of conditions:

99-100 As to Effect: 99. 100.

101-102 As to Form: 101. 102.
103-104 As to Numbers: 103. 104.
105-106 As to Divisibility: 105. 106.
107-108 As to Possibility: 107. 108.
109-110 As to Cause or Origin: 109. 110.
111-112 As to Mode: 111. 112.

113. A condition suspensive in nature and which depends upon the sole will of one of the contracting
parties is known as

114. The obligation is valid if the suspensive condition depends partly upon chance and upon the will of a
third person. What kind of condition is this? Condition.

115. What do you call the condition when in nature, like the right to repurchase in a sale with pacto de
retro, the obligation is valid although its fulfillment depends upon the will of the debtor (seller).

116. If the condition depends exclusively upon the will of the creditor, the obligation is
(Valid or Void?)
117. Impossible condition annul the obligation which depends upon them. Both the obligation and the
condition are (Void or Valid?)

118-119. In spite of negative condition, the obligation shall become effective and binding from the moment:

The time indicated has without the event taking place; or

It has become evident that the event , although the time indicated has not yet
elapsed
 120. Conditional obligation is

121. Only the is void.

122-123. Two kinds of impossible conditions:

124-126. What are the requisites for constructive fulfillment of suspensive condition?

124. The condition is ;

125. The obligor actually prevents the ; and

126. He acts .

TRUE OR FALSE

127. Impossible conditions, those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends upon them.

128. If the obligation is divisible, that part thereof which is not affected by the impossible or
unlawful condition shall be valid.

129. The condition not to do an impossible thing shall be considered as not having been
agreed upon by the parties.

130. The condition that some event happen at a determinate time shall extinguish the
obligation as soon as the time expires or if it has become indubitable that the event will not take place.

131. The condition that event will not happen at a determinate time shall render the
obliagtion effective from the moment the time indicated has elapsed, or when it is evident that the
event cannot occur.

132. If no time has been fixed condition shall be deemed fulfilled at such time as have probably
been contemplated, considering the nature of the obligation.

133. The condition shall is not deemed fulfilled when the obligor voluntarily prevents its
fulfillment.

134. The effects of a conditional obligation to give, once the condition has been fulfilled, shall
retroact to the day of the constitution of the obliagtion.

135. When the obligation imposes reciprocal prestation upon the parties, the fruits and
interests during the pendency of the condition shall be not be deemed to have been mutually
compensated.

136. If the obligation is unilateral, the debtor shall appropriate the fruits and interest received,
unless from the nature and circumstances of the obligation it shoud be inferred that the intention of
the person constituting the same was different.

137. In obligation to do and not to do, the courts shall determine, in each case, the retroactive
effect of the condition that has been complied with.
 138. The creditor may, before the fulfillment of the condition, bring the appropriate actions for
the preservation of his right.

139. When the conditions have been imposed with the intention of suspending the efficacy of
an obligation to give, during the pendency of the condition, If the thing is lost without the fault of the
debtor, the obligation shall be extinguished.

140. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is
understood that the thing is lost when it perishes, or goes out of commerce, or it cannot be recovered;

141. When the thing deteriorates without the fault of the debtor, the impairment is to be
borne by the creditor.

142. The injured party has the only option to rescind the obligation, wih the payment of
damages.

143. In case both parties have committed a breach of the obligation, the liability of the first
infractor shall equitably tempered by the courts.

144. If cannot be determined which of the partie first violatd the contract, the same shall be
deemed extinguished, and each shall bear his own damages.

145. Reciprocal obligations are those which do not imposed simultaneous and correlative
performance on both parties.

146. Physical loss includes that when the thing goes out of commerce.

147. In conditional obligation, the acquisition of rights, as well as the extinguishment or loss of
those already acquired, shall depend upon the happening of the which constitute the condition.

148. When the fulfillmet of the condition depends upon the sole will of the creditor the
conditional obligation shall be valid.

149. The condition not to do an impossible thing shall be considered as having been agreed
upon by the parties.

150. The condition that some event will not happen at at determinate time shall render the
obligation effective from the moment the time indicated has elaped, or when evident that the event
cannot occur.

151. If it deteriorates through the fault of the debtor, the creditor may chooses between the
recission of the obligation and its fulfillment, with indemnnity for damages in either case;

152. If its is improved at the expense of the creditor, he shall have no right than that granted
to the usufructuary.

153. The power to rescind obligations is implied in reciprocal ones, in case of the obligors
should not comply with what is incumbent upon him.

FILL IN THE BLANKS

154. The effects of a conditional obligation to give, once the condition has been fulfilled, shall
to the day of te constitution of the obligation.

155. When the obligations imposes prestations upon the parties, the fruits and
interest during the pendency of the condition shall be deemed to have been mutually compensated. In
 obligations to do and not to do, the courts shall determine, in each case the retroactive effect of the
condition that has been complied with.

156. The creditor may, before the fulfillment of the condition, bring the appropriate actions for
the of his right.

157. When the condition have been imposed with the intention of suspending the efficacy of
an obligation to give, the following rules shall apply:

(1) If the things is lost without the fault of the debtor, the obligation shall be .

(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay .

(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne
by the .

(4) If it deteriorates through the fault of the debtor, the creditor may choose between the
of te obligation and its fulfillment, wth indemnity for damages in either case.

(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit
of the .

(6) If it is improved at the expense of the debtor, he shall have no other right than that granted
to the .

158-160. Kinds of loss in civil law:

158. 159. 160.

161. The shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.

162. When the conditions have for their purpose the extinguishment of an obligation to give,
the parties, upon the fulfillment of said conditions, shall to each other what they have received.

163. The power to rescind obligations is implied in ones, in case one of the
obligors should not comply with what us incumbent upon him.

TRUE OR FALSE.

164. The creditor cannot be compelled to receive part of one and part of the other
undertaking.

165. The debtor shall have the right to choose those prestation which are impossible unlawful
or which could not have been the object of the obligation.

166. The right of choice in alternative obligation belongs o the creditor, unless it has been
expressly shown otherwise.

167. Art 1201. The choice taken shall produce no effect except from the time it has been
communicated.

168. Art 1202. The debtor shall lose the rright of choice when among the presations whereby
he is alternative bound, only one in practicable.

169. Art 1203. If through creditors’ act the debtor cannot make a choice according to the terms
of the obligation, the creditor may rescind the contract with damages.
 170. Art 1204. The creditorshall have a right to indemnity for damages when, through the fault
of the debtor, all the things which are alternatively the object of the obligation have been lost, or the
compliance of the obligation has become impossible.

171. The indemnity shall be fixed taking as a basis the value of the last thing which
disappeared, or that of the service which last became impossible.

172. Damages other than the value of the last thing or service may not be awarded in
alternative obligations.

173. The loss or deterioration of the thing intended as a substitute, through the negligence of
the obligor, does not render him liable. But once the substitution has been made, the obligor is liable
for the loss of the substitute on account of his delay, negligence or fraud.

FILL IN THE BLANKS. 174-176 When the choice has been expressly given to the creditor, the obligation shall
cease to be alternative from the day when the selection has been communicated to the debtor. Until then the
responsibility of the shall be governed by the following rules:

(1) If one of the things is lost through a event, he shall perform the obligation by
delivering that which the creditor should choose from the remainder, or that which remains if only
one subsists;
(2) If the loss of one the things occurs through the fault of the , the other may claim
any of those subsisting, or the price of that which, through the fault of the former, has disappeared
with a right to damages.
(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon
the price of any one of them, also with indemnity for .

177. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestation
should become .

178. When only one prestation has been agreed upon, but the obligor may render another in substitution, the
obligation is called .