THE LAW ON OBLIGATIONS PART 1 PRELIMINARIES 1. What is the law?

- Law as defined in the book entitled The Law on Obligations and Contracts by Hector S .De Leon is any rule of action or any system of uniformity. 2. What is the law on obligations? - Law on Obligation is everything that is found on the Civil Code. 3. What is the law on contracts? - Law on Contract is all contracts that are embedded in the Civil Code. 4. What is the etymology of obligations? - The term obligation is derived from the Latin word obligatio which means tying or binding. 5. What is the brief history on obligations? 6. Define damages. - The sum of money given as a compensation for the injury or harm suffered by the creditor or obligee for the violation of his rights. 7. Distinguish between damages and injuiry. - Damages are the indemnity or compensation in money which the law gives to the party for the breach of a contract or a duty while an injury is the wrongful act or tort which causes loss or harm to another. 8. Name and briefly discuss the kinds of damages. - Actual or compensatory - Moral - Nominal - Temperate or Moderate - Liquidated - Exemplary or Corrective Lesson 1-OBLIGATIONS IN GENERAL/SOURCES 1. Define an obligation according to the Civil Code of the Philippines. - According to the Civil Code of the Philippines an obligation is a juridical necessity to give, to do or not to do. 2. Why is an obligation considered a juridical necessity? - An obligation is considered juridical necessity because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents. 3. Is the prestation not to give included in the definition of an obligation?

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Yes, the prestation not to give is included in the definition of an obligation because in Article 1156, it defines obligation as a juridical necessity to give, to do or not to do, which included the prestation not to give in the concept of not to do. Distinguish an obligation from a contract. - An obligation is a juridical necessity to give, to do or not to do while a contract is a meeting of minds between two persons whereby one binds himself, with respect to the other , to give something or to render some service. What are the essentials requisites of an obligation? - There are four essential requisites of an obligation, namely: a. A passive subject which is called debtor or obligor b. An active subject c. Object or prestation d. A juridical or legal tie What are the kinds of obligation according to the prestation involved? Distinguish civil obligation from natural obligation. - Civil obligations are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice while natural obligations are obligations which do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, who may not recover what has been delivered or rendered by reason thereof. When is an obligation considered a real obligation? - An obligation is considered a real obligation when it involves a thing which the obligor must deliver to the obligee. When is an obligation considered a personal obligation? - An obligation is considered a personal obligation when it involves an act to be done or not to be done. When is an obligation a positive personal obligation? - An obligation is considered a positive personal obligation when it involves an obligation to do or to render service. When is an obligation considered a negative personal obligation? - An obligation is considered a negative personal obligation when it involves an obligation not to do which naturally includes not to give. What is a reciprocal obligation? Legally illustrate In case one of the obligors in a reciprocal obligation does not comply with what is incumbent upon him, what remedies may the aggrieved party choose from? In case both parties to an obligation have committed a breach of the obligation, what rules shall apply to determine their liability? In obligation to do or not to do, can the debtor substitute another act or forbearance against the will of the creditor? What are the sources of obligation and briefly define each. - Obligations arise from the followings: a. Law

17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.

b. Contracts c. Quasi-contracts d. Acts or omissions punished by law e. Quasi-delicts Name the sources of obligation in latin. What does Art.1158 of the CCP mean? What is the relation of Arts.3/19/26 of the CCP to Art.1158? Give examples of obligation ex lege as enunciated in the Family Code of the Philippines. Define quasi-contract. What are the elements of quasi-contract? Legally illustrate quasi-contract. Distinguish contract from quasi-contract. Name the kinds of quasi-contracts. Briefly discuss each. Define delict? Is it the same as crime? Enumerate ten delicts found under the Revised Penal Code. What are the kinds of liabilities in the commission of delict? What is the effect of acquittal in a criminal case as to the liabilities of the accused? What is the effect of the death of the accused as to his liabilities? Define quasi-delict. What are the elements of quasi-delict? Distinguish delict from quasi-delict. Legally illustrate quasi-delict. Legally explain the doctrine of vicarious liability. Legally explain the principle of respondeat superior.

Lesson 2-DUTIES OF OBLIGOR 38. What are the duties of a person who is obliged to give a determinate thing? 39. Distinguish a determinate thing from a generic thing. 40. In an obligation to deliver a determinate thing, when does the creditor acquire a right to the fruits of the thing? 41. When does the creditor acquire a real right over the thing? 42. What is another term for real right? 43. What are the different kinds of fruits in contemplation of the law? 44. Distinguish between personal right and real right. 45. What are the remedies of the creditor in case the debtor fails to deliver the determinate thing that has promised to deliver? 46. What are the remedies of a creditor in case of non-fulfillment of an obligation to deliver a generic thing? 47. In obligation to give a specific thing, can the creditor be compelled to receive a different one which may be more valuable than that which is due?

48. What are the remedies of the creditor against the debtor, in case the latter does not comply with his obligation? 49. Distinguish between accessions from accessories. 50. Discuss the latin maxim- accessoria credit principalii. 51. Can a creditor be granted the right of specific performance against his debtor who failed to do something he is obliged to do? Briefly discuss. 52. What are the remedies of the creditor in positive personal obligation? 53. What are the remedies of the creditor in negative personal obligation? Lesson 3-CIRCUMSTANCES AFFECTING OBLIGATIONS/SOURCES OF LIABILITY 54. What are the sources of liability? Lesson 3A-DELAY 55. 56. 57. 58. 59. 60. 61. 62. What is the meaning of delay in law? What is the Latin term for delay? Name the three kinds of delay. What are the requisites of delay? When is a debtor considered in delay? When is demand not necessary for delay to exist? In case of reciprocal obligations, when is a party considered to be in delay? Legally illustrate delay as a circumstance affecting obligations.

Lesson 3B-FRAUD 63. 64. 65. 66. 67. 68. 69. Name the two kinds of fraud. What is causal fraud? What is incidental fraud? Which of these two kinds of fraud is considered the source of liability? What is the effect of waiver of an action for future fraud? What is the effect if the waiver refers to past fraud or fraud already committed? Legally illustrate fraud as a source of liability.

Lesson 3C-NEGLIGENCE 70. 71. 72. 73. 74. 75. 76. 77. Define negligence. Define diligence. Distinguish diligence from negligence. Briefly discuss diligence of a good father of a family. What is another term for diligence of a good father of a family? Legally illustrate DOGFF in the performance of an obligation. What is Extra-ordinary diligence? Distinguish DOGFF and Extra-ordinary care.

78. Cite one civil code provision enunciating extra-ordinary diligence. 79. Legally illustrate negligence as a circumstance affecting obligations. 80. If the law or contract does not state the diligence which is to be observed in the performance of the obligation, what degree of care shall the debtor exercise? 81. In the event both debtor and creditor are guilty of negligence can the latter recover damages? Lesson 3D-FORTUITOUS EVENTS 82. 83. 84. 85. Define fortuitous event. What is the rule as to the liability in case of fortuitous event? What are the two kinds of presumption under the law? Legally illustrate fortuitous event in the performance of an obligation.

Lesson 3E-TRASMISSIBILITY OF RIGHTS 86. What is meant by transmissibility of rights?

PART II-KINDS OF OBLIGATIONS Preliminary Question 87. How are obligations primarily classified under the Civil Code? Lesson 1-PURE OBLIGATION 88. Define a pure obligation. 89. Legally illustrate a pure obligation. Lesson 2-CONDITIONAL OBLIGATION 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. Define a conditional obligation. Define a condition. State the kinds of conditions. When is an obligation with suspensive condition demandable? If the obligation imposed is a resolutory condition, when is the obligation demandable? What is the effect upon the obligation if the condition imposed depends solely upon the will of the debtor? What is the effect upon the obligation if the condition imposed depends upon chance or upon the will of a third person? State those conditions which, if imposed upon an obligation will make the obligation void. If the condition imposed is not to do an impossible thing, will the obligation be affected? When shall the obligation be demandable if the condition imposed is that some event happens a determinate time?

100. If the condition imposed is that some event will not happen at a determinate time, when shall the obligation become effective? 101. If the obligor voluntarily prevents the fulfillment of a suspensive condition, shall the obligation become effective? 102. What are the rules to determine the retroactive effects of the fulfillment of a suspensive conditional obligation to give? 103. Who shall determine the retroactive effects of the obligation that has been complied with, in obligation to do or not to do? 104. What are the rights of the creditor during the pendency of a suspensive condition? 105. What are the rules to follow in case of improvement, loss or deterioration of the determinate thing during the pendency of a suspensive condition in an obligation to give? 106. What rules will apply in case of fulfillment of a resolutory condition? Lesson 3-OBLIGATION WITH A PERIOD 107. Define an obligation with a period. 108. What is a day certain? 109. What are the kinds of period? 110. What rules shall apply, in case of loss, deterioration or improvement of the thing, before the arrival of the period? 111. What is the right of the debtor who has paid or delivered something before the arrival of the period, the debtor being unaware of the period or believing that the obligation has become due and demandable? 112. Whenever in an obligation a period is designated, for those benefit is the period established? 113. If the obligation does not state a period and no period is intended can the court fix a period therein? 114. When may the courts fix a period in an obligation? 115. Compare the effects of a suspensive period, the duration of which depend solely upon the will o the debtor, and a suspensive condition the happening of which depends upon the sole will of the debtor, upon the obligation. 116. Distinguish a period from a condition. 117. Under what cases will a debtor lose every right to make use of the period? Lesson 4-ALTERNATIVE OBLIGATIONS 118. Define alternative obligation. 119. How shall a debtor who is alternatively bound by different prestations comply with his obligations? 120. Can the creditor be compelled to receive part of one and part of the other undertaking? 121. Who has the right of choice as a general rule in an alternative obligation? 122. May the right of choice be granted to the creditor? 123. Is the right of choice in an alternative obligation absolute?

124. What are the limitations to the right of choice of the creditor, in the event he has the right of choice? 125. When shall the choice produce effect? 126. When does the debtor lose his right of choice? 127. When does an alternative obligation become a simple obligation? 128. What is the right of the debtor, if through the creditors acts, he could not make a choice according to the terms of the obligation? 129. What is the right of the creditor, if 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? 130. If the choice has been expressly given to the creditor when does an alternative obligation cease to be alternative? 131. Until the communication of the creditors choice to the debtor, what rules shall govern the responsibility of the debtor? 132. When is the debtor considered in delay in case of an alternative obligation? Lesson 5-FACULTATIVE OBLIGATION 133. Define facultative obligation. 134. If the thing intended as a substitute is lost or deteriorate through the fault or negligence of the obligor, will the obligor be held liable? 135.