laws

• REPUBLIC ACT NO.386: CIVIL CODE OF THE PHILIPPINES
• Books of the Civil Code

  • BOOK I – PERSONS AND FAMILY RELATIONS
  • BOOK II – PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
  • BOOK III – MODES OF ACQUIRING OWNERSHIP
  • BOOK IV – OBLIGATIONS AND CONTRACTS
  • BOOK V – TORTS AND DAMAGES
• Parts of Obligations and Contracts

  • PART 1: OBLIGATION
  • A. ELEMENTS OF OBLIGATION
  • B. SOURCES OF OBLIGATION
  • C. EFFECTS OF OBLIGATION
  • D. KIDS OF OBLIGATION
  • E. EXTINGUISHMENT OF OBLIGATION
• Obligation


  Juridical necessity to give, to do or not to do
• Natural Obligation


  Obligation that has no legal basis and hence does not give a right of action to enforce its performance. It is based on equity, morality, and natural law, and should be voluntary
• Elements of Obligation

  • PARTIES
  • PRESTATION
  • JURIDICAL TIE (EFFICIENT CAUSE)
• Active Subject (Creditor/Obligee)


  One who demands the fulfillment of an obligation
• Passive Subject (Debtor/Obligor)


  One who has the duty to fulfill an obligation
• Prestation


  The conduct to be performed by the passive subject for the active subject
• Juridical Tie (Efficient Cause)


  The relation that binds the parties to an obligation
• The passive subject should hence comply with the obligation to avoid civil action against him
• Sources of Obligation

  • LAW
  • CONTRACT
  • QUASI-CONTRACT
  • DELICT
  • QUASI-DELICT
• Law


  When there is an enforcement of the law itself; the obligation cannot be presumed and should be expressly or clearly provided for in the law in order to be demandable
• Contract


  When there is a meeting of the minds between the parties, the obligation has the force of law and should be complied with in good faith
• Quasi-Contract


  When there is no meeting of the minds between parties, but one party benefit at the expense of the other party; there is an obligation to pay for the compensation so that no one shall be unjustly enriched or benefited at the expense of another
• Quasi-Contract

  • Negotiorum Gestio
  • Solutio Indebiti
• Delict


  When there is a civil liability resulting from criminal offense
• Quasi-Delict


  When there is fault or negligence that causes damage on another, there being no prior meeting of the minds; there is an obligation to pay for the damage done
• Duties of the Debtor in Delivering a Determinate Thing

  • Deliver the thing itself
  • Preserve or take care of the thing due 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
  • Deliver the fruits of the thing from the time the obligation to deliver it arises
  • Deliver the accessions and accessories of the thing, even though they may not have been mentioned
• Delivery of a Generic Thing

  Deliver the thing which is neither superior nor inferior quality
• The debtor is also liable for damages in case of non-performance or breach of obligation by reason of DELAY, FRAUD, NEGLIGENCE OR CONTRAVENTION OF THE TENOR
• Remedies of the Creditor in Case of Breach of Obligation in the Delivery of a Determinate Thing


  • Demand specific performance or fulfillment of the obligation by the debt (if it is still possible)
  • Demand rescission or cancellation of the obligation (in certain cases)
• In case of breach of obligation in the delivery of a generic thing, the creditor can demand the delivery of the thing which is neither superior nor inferior quality at the expense of the debtor. This can be performed by a third party
• In either case, the creditor has a right to recover damages. The other remedies can be demanded in addition to this right
• Primary Classification of Obligations

  • According to the PECULIARITIES OF THE PRESTATION
  • According to the NUMBER OF PRESTATIONS
  • According to THE NUMBER OF PARTIES
  • According to DIVISIBILITY/INDIVISIBILITY OF THE PRESTATION
  • According to the VALUE OF PRESTATION
• Pure Obligation


  Performance is not subject to any condition and can be immediately demandable
• Conditional Obligation


  Performance is subject to a condition and can only be demandable upon the happening of an event
• Obligation with a Period


  Performance is subject to a period and can only be demandable when that period expires
• Simple Obligation


  One prestation
• Compound Obligation


  Two or more prestation
• Conjuctive Obligation


  There are several prestations and all of them can be performed separately
• Disjunctive Obligation


  Only one of the several prestation can be performed. It may be alternative or facultative
• Individual Obligation


  There is one debtor and one creditor
• Collective Obligation


  There are two or more debtors and two or more creditors
• Joint Obligation


  The prestation is divided among each debtor and/or the demand for it is divided among each creditor
• Solidary Obligation


  The prestation may be performed by any one of the debtors, and/or its entire compliance may be demanded by any one of the creditors
• Divisible Obligation


  The prestation can be partially performed
• Indivisible Obligation


  The prestation cannot be partially performed
• Principal Obligation


  The main/principal prestation that is essential and from which the accessory obligation/s arises
• Accessory Obligation


  The secondary/accessory prestation that should be performed in connection with the primary obligation