OBLICON

• 1156 - Obligation


  It is the juridical necessity of an individual to give, to do, or not to do.
• Obligatio


  Latin word meaning tying or binding.
• Civil Obligations


  Obligations based by Law to enforce their performance in courts of justice.
• Law


  Rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefit.
• Legislative


  Creates laws. It is bicameral (upper house - Senate & lower house - house of reps ).
• Executive


  Enforces laws. Includes the office of the President.
• Judiciary


  Interprets laws. Includes the Supreme Court, CoA, RTC, Municipal TC, Metropolitan TC, Municipal Circuit TC, and Municipal TC in Cities. 
• Law in its legal Sense

  Promulgated and enforced by the state.
• Sources of Law

  1. Constitution
  2. Legislation
  3. Administrative Orders / Executive Orders, Rules, & Regulations
  4. Juridical Decisions / Jurisprudence
  5. Custom
  6. Other Sources
• Constitution


  Highest law of the land. Also called Fundamental or Supreme Law. Promulgated by the people. 
• Stare Decisis


  Latin. The decisions of the supreme court becomes the law of the lands.
• Substantive law 


  Classification of Law to its purpose;

  Create, define, and regulate rights & duties of parties.
• Procedural/Adjective/Remedial Law


  Classifications of Law as to its purpose; When right & duties are violated, remedy is needed and it becomes a party's remedial. 
• Public Law


  Classification of Law to its Subject Matter;

  Regulates R&D arising between state and people.
• Private Law


  Classification of Law according to its subject matter;Regulates R&D for purely private ends.
• Obligations & Contracts


  Body of rules w/c deals w/ nature and sources of obligations & rights + duties arising from agreements and particular contracts. (1307)
• Civil Code of the Philippines (RA 386)


  based on Civil Code of Spain (December 7, 1889).
• June 18, 1949


  Approval of Civil Code of the Philippines.
• August 30, 1950


  Effectivity of the Civil Code of the Philippines which was separated into 4 books.  
• Civil Obligations


  Based on positive law. It is demandable.
• Natural Obligations


  Obligatiosn based on equity + natural law. It cannot be demanded n court.

  When a prescription has expired it becomes _____. 
• Prescription


  Based on Statute of Limitations.

  It is either extinctive or acquisitive. It is the expiration date of obligations. Limited vlaid Period until an obligation expires. (1218 - Payment after ______.)
• 10 Years


  Date of Expiration for Written Contracts, Obligations, Created by Law, Judgement of the Court. 
• 6 Years


  Date of Expiration for Oral Contracts & Quasi-Cotnract.
• 4 Years


  Date of Expiration for injury to rights of the Plaintiff & Quasi-Delict.  
• 1 Year


  Date of Expiration for Ejectment and Defamation cases.  
• Requisites of an Obligation (Elements)

  1. Creditor/Obligee/Active
  2. Debtor/Obligor/Passive
  3. Service/Prestation/Object
  4. Juridical Vinculum/Legal Tie/Efficient Cause 
• Creditor/Obligee/Active Subject 


  Entitle to demand performance/fulfillment of obligations. Has the right.
• Debtor/Obligor/Passive Subject


  Performs/Pay obligations. Has the duty.
• Service/Prestation/Object


  Subject matter of obligation. Observed by debtor. Consists giving, doing or not doing.
• Juridical Vinculum/Legal Tie/Efficient Cause


  Reason/Binds. Binds parties to obligation
• Case of Court Hearings (Requisites)

  1. Right
  2. Wrong
  3. Plaintiff
  4. Defendant
  5. Cause of Action 
• Right


  Court Hearings: Creditor, they have the right to collect & demand.
• Wrong


  Debtor, does not participate or perform. (Court Hearings) 
• Plaintiff


  Has the right to file because their right was violated. (Plaintiff) 
• Defendant


  Has the duty but did not do it. (Court Hearing) 
• Cause of Action 


  Thew rong doen by the defendant against the plaintiff.
• 1157 - Sources of Obligations arises from

  1.  Law (1158)
  2. Contracts (1159, 1305)
  3. Quasi-Contracts (1160, 2142)
  4. Acts or Omissions Punished by Law (Delict) (1161)
  5. Quasi-Delict (1162)
• 1158 - Law/Legal Obligations/Ex Lege


  Obligations derived from ____ are not presumed and only imposed by law itself.
• 1159 - Contract/Contractual Obligation/Ex Contractu/Voluntary


  Obligations that arise from the stipulation of parties. Not doing the obligation means paying for damages.