RFBT-01 (Obligations)

• Obligation


  A juridical necessity to give, to do or not to do
• Kinds of obligations as to basis and enforceability

  • Civil obligations
  • Natural obligations
• Civil obligations


  • Give a right of action to compel their performance
• Natural obligations


  • Not based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof
• Essential elements of obligation


  • Active subject (creditor/obligee)
  • Passive subject (debtor/obligor)
  • Prestation – subject matter of the obligation
  • Vinculum Juris/Efficient Cause/Juridical Tie
• Transmissibility of obligation


  General rule: all rights acquired in virtue of an obligation are transmissible

  Exceptions: when the nature of the obligation is that it is not transmissible, by stipulation, or by provision of law
• Sources of obligations


  • Law (Obligations ex lege)
  • Contracts (Obligations ex contractu)
  • Quasi-contracts (Obligations ex quasi-contractu)
  • Delict (Obligations ex maleficio or ex delicto)
  • Quasi-delicts (Obligations ex quasi-delicto or ex quasi-maleficio)
• Obligations derived from law

  Not presumed, only those expressly determined in the Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them
• Contract


  A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
• Obligations arising from contracts

  Have the force of law between the contracting parties and should be complied with in good faith
• Quasi-contracts


  The juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another
• Nominate quasi-contracts


  • Negotiorum gestio
  • Solutio indebiti
• Negotiorum gestio


  Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so
• Solutio indebiti


  The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake
• Delict


  An act or omission punishable by law which may be governed by the Revised Penal Code, other penal laws, or the Title on Human Relations under the Civil Code
• Civil liability arising from a crime

  Includes restitution, reparation of the damage caused, and indemnification for consequential damages
• Proof necessary for civil liability

  Criminal liability - proof beyond reasonable doubt, Civil liability - preponderance of evidence
• Acquittal of accused


  Acquittal because the accused did not do the act complained of - no civil liability, Acquittal due to reasonable doubt - there can still be civil liability
• Employers' civil liability for acts of employees

  Considered subsidiary only
• Quasi-delicts


  Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done
• Requisites for quasi-delicts


  • There must be an act or omission
  • There must be fault or negligence
  • There must be damage caused
  • There must be a direct relation of cause and effect between the act or omission and the damage
• Vicarious liability under Art. 2180


  • Acts done by minor children who live in their company - father, in case of his death or incapacity, the mother

  Acts done by minors and incapacitated persons - guardians

  Acts done by employees in the service of the branches in which they are employed or on the occasion of their functions - owners and managers of establishment or enterprise

  Acts done by employees and household helpers acting within the scope of their assigned tasks, even if the employer is not engaged in any business or industry - employers

  Acts done by special agent, except when the damage was caused by the official to whom the task done properly pertains - the state

  Acts done by pupils and students or apprentices, so long as they remain in their custody - teachers or heads of establishments of arts and trade
• Defense against vicarious liability

  The responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage. For the employer, specifically, if he is able to prove due diligence in the selection and supervision of the employee.
• A single act can be the source of multiple sources of obligations
• Double recovery not allowed: Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.
• Kinds of civil obligations as to perfection and extinguishment

  • Pure obligations
  • Conditional obligations
• Pure obligations


  An obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, and is demandable at once
• Conditional obligations


  The acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition
• Conditions


  Uncertain events which wields an influence on a legal relationship
• Potestative condition


  A condition dependent solely on the will of one of the parties
• When potestative condition is void

  If it is dependent solely on the will of the debtor and the condition is suspensive in character
• Constructive or presumed fulfillment of condition

  The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
• Impossible conditions


  Shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.
• Types of impossibility


  • Physically impossible
  • Legally impossible
• Effect of impossible condition in obligation to do

  The obligation and the condition are treated as void since the debtor knows that no fulfillment can be done and therefore is not serious about being liable
• Effect of impossible condition in obligation not to do or negative condition

  The impossible condition can just be disregarded and the obligation remains
• General rule on effect of fulfillment of conditions

  Once the condition has been fulfilled, it shall retroact to the day of the constitution of the obligation
• Exceptions to general rule on effect of fulfillment of conditions

  • Fruits or interests

  Period of prescription
• Condition where obligation is treated as one with a period

  When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period
• Suspensive conditions with a deadline

  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