HS Reviewer

1.
What is law?
LA - Law is a rule of conduct,
just obligatory, promulgated by
legitimate authority, and of
common observance and
benefit.
LS - Obligations & Contracts (2016
ed.); Domingo, Andrix; (Page 5)sanchez roman 3
In its most comprehensive sense,
law signifies a rule of action and
this terms is applied
indiscriminately to all kinds of
action, whether inanimate or
animate, rational or irrational.
2.
What is the etymology of
obligations?
LA - The word obligation came
from two Latin words Ligare
which means to bind, and Ob
which is a preposition that
intensifies a verb. Thus if
combined together it is
obligare which means to bind
securely.
LS - E-files, Nature and Concept of
Obligations.ppt
3.
Define damages.
LA - Damages are the
recompense or compensation
awarded for the damage
suffered
Ed.); Domingo, Andrix; (Page 6)
4.
Distinguish between
damages and injury.
LA - Damages are the
recompense or compensation
awarded for the damage
suffered while injury is the
legal invasion of a legal right.
1.
2.
3.
4.

5.
Name and briefly discuss the
kinds of damages.
LA
Moral damages include
physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation,
wounded feelings, moral shock,
social humiliation, and similar
injury. Though incapable of
pecuniary computation, moral
damages may be recovered if
they are the proximate result of
the defendant's wrongful act
for omission.
Nominal damages are
adjudicated in order that a right
of the plaintiff, which has been
violated or invaded by the
defendant, may be vindicated
or recognized, and not for the
purpose of indemnifying the
plaintiff for any loss suffered by
him
Actual or Compensatory
Damages.
Except as provided by law or by
stipulation, one is entitled to an
adequate compensation only
for such pecuniary loss
suffered by him as he has duly
proved. Such compensation is
referred to as actual or
compensatory damages.
Temperate or moderate
damages, which are more than
nominal but less than
compensatory damages, may
be recovered when the court
finds that some pecuniary loss

has been suffered but its
amount cannot, from the nature
of the case, be provided with
certainty.
5. Liquidated damages are those
agreed upon by the parties to a
contract, to be paid in case of
breach thereof.
6. Exemplary or corrective
damages are imposed, by way
of example or correction for
the public good in addition to
the moral, temperate,
liquidated or compensatory
damages.
Ed.); Domingo, Andrix; (Pages 8082)
6.
Define an obligation
according to the Civil Code of the
Philippines.
LA - Under the new civil code,
obligation is a juridical
necessity to give to do or not to
do.
An obligation to do includes
all kinds of work and service;
while an obligation to give is a
prestation which consist in the
delivery of a movable thing in
order to create a real right, or
for the use of the recipient, or
for its simple possession, or in
order to return it to its owner.
Obligation and Contract by atty.
Domingo Asian construction
and devlt corporation vs. PCIB,
g.r. No. 153827,april 26,2006
LB - Article 1156 of CCP
7.
Why should obligation be
considered a juridical necessity?
LA - Obligation is a juridical
necessity whereby a personcreditor may demand from
another person-debtor the
observance of a determinable
conduct (the giving, doing or
not doing) and in case of
breach may demand
satisfaction from the assets of
the latter.
8.
Is the prestation not to give
included in the definition of an
obligation?
LA - Yes, it is included. Under
the Doctrine of Implication as
pronounced by the Supreme
Court of the Philippines. And
such pronouncement of the
Supreme Court is now part of
Art. 1156 under the DOCTRINE
OF STARE DECISIS as
enunciated in Art. 8 of the Civil
Code of the Philippines.
LS - E-files, Art. 1156 CCP.ppt
9.
Distinguish an obligation
from a contract.
LA - Obligation is a juridical
necessity to give to do or not to
do. Art. 1156 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. Art. 1305
A contract is one of the
sources of an obligation, while
the latter is the legal relation
itself. The contract is the very
agreement of the parties; while

the obligation is the remedy
which the law afford for its
enforcement.
Ed.); Domingo, Andrix; (Pages 1
and 7)
a.
b.
c.
d.
10. What are the essentials

requisites of an obligation?
LA The essential requisites of
an obligation are:
Passive object or debtor or
obligor,
-the person from eho, the
obligation is juridically
demandable
- he is the person who has the
right to demand compliance of
the the obligation to give to do
or not to do.
Active object or creditor or
obligee,
The person who has the RIGHT
to demand the fulfilment of the
obligation- to demand
compliance
Object or fact or prestation or
service, and
The fact or prestation or
service. The oarticular conduct
of the debtor which may
consist in giving doing or not
doing something
Juridical tie or efficient cause
or vinculum juris
It is which creates the relation
between the passive and active
subject
11. What are the kinds of

obligations according to the
prestation involved?
LA
A. Real Obligation
Obligations to give
The obligation of
the debtor or
obligor to deliver a
determinate or
specific thing or
indeterminate or
generic thing to the
creditor or obligee
B. Personal obligation
Obligations to do or
not to do or not to
give
Positive Personal
Obligation
o Obligations to
give or to do
o This is the
obligation of
the debtor or
obligor to
perform SOME
WORK or
service to the
creditor
o Ex.
Political/const
itutional law,
specific laws,
civil law,
private/lic intl
law
Criminal law
Negative Personal
Obligation
o Obligatio
ns no to
do or not
to give
o Obligatio
n of the
debtor
NOT TO
PERFORM
some act
in favor of
the
creditor
LS - The Law on Obligations and
Contracts (2011 Ed.); atty
domingo , pg 3 and e files nature
and concepts of obligations
12. Distinguish civil obligation
from natural obligation.
LA - Obligation which give(s) to
the creditor or oblige a right
under the law to enforce their
performance in court of justice
is called Civil Obligation. It
derives the bonding effect from
positive law . (Art. 1 of family
code- marriage is a special
contract of permanent union
bet.)
The natural obligation which is
not based on positive law but
derives its bonding effect on
equity and natural law, do not
grant a right of action to
enforce their performance
although in the case of
voluntary fulfillment by the
debtor, the latter may not
recover what has been
delivered or rendered by reason
thereof.
e files nature and concepts of

obligations
13. When should obligation be
considered real obligation?
LA Obligation to give.
Obligation of the debtor or
obligor to deliver a thing,
movable or immovable, to the
creditor or oblige for the
purpose of transferring
ownership of for the use or
possession of the recipient.
W/c can be determinate or
indeterminate
Ex. B has anobligation to
deliver
CLUSTER 2 GQs
Gumbatan, Charles
-14-27

considered personal obligation?
LA - An obligation to do or not
to do.
Ex. Obligation to repair,
service/perform some work
15. When is an obligation
positive personal obligation?
LA - This is when the obligation
of the debtor or obligor is to
perform some work or service
for the creditor or obligee.
Ex. The obligation of a hired
electrician to repair short
circuits

considered negative personal
obligation?
LA - An obligation is considered
negative personal obligation
when the debtor/obligor is
obliged not to perform some
act in favor of the creditor or
obligee.
The obligation of a hired
electrician no to repair the
extension of the house
electricity connection
17. What is reciprocal obligation?
Legally illustrate.
LA - Reciprocal obligation, like
in a contract of sale, are those
which arise from the same
cause, and which each party is
a debtor and a creditor of the
other, such that the obligation
of one is dependent upon the
obligation of the other. They
are
to
be
performed
simultaneously, so that the
performance
of
one
is
conditioned
upon
the
simultaneous fulfillment of the
other. Therefore, in reciprocal
obligation, the creditor or
oblige may opt to choose
rescission in case he does not
want to pursue his right of
specific
performance.
In
addition, he can also claim for
damages if the debtor in the
performance of his obligation is
guilty of fraud l, negligence,
delay, or contravention of the
tenor of his obligation.

Ed.); Domingo, Andrix; (Pages 4950)
18. What are the sources of
obligation and briefly define each.
LA
a)
Law-sanchez
roman/book
a rule of conduct, just,
obligatory,
promulgated
by
legitimate authority, and of
common
observance
and
benefit.
Not
Art 1158. Obligations arising
from contract are not presumed.
Only those expressly determined
by the percepts of the law which
establishes them; as to what
has
beenforeseen
by
the
provisions of this book
b) Contracts- a meeting of
minds between two persons
whereby one binds himself,
with respect to the other, to
give something or to render
some service.
c)
Quasi-contracts-art
1159
certain lawful, voluntary and
unilateral acts give rise to the
juridical relation of
quasicontract to the end that no one
shall be unjustly enriched or
benefited at the expense of
another.
d) Acts or omissions punished
by law- a violation of the law;
especially, a wrongful act or
omission giving rise to a claim
for compensation.
e)
Quasi-Delicts
art
1162whoever by act or omission
causes damage to another,
there being fault or negligence
is obliged to pay for the
damage done. Such fault or
negligence, if there is no preexisting contractual relation
between the parties, is called a
quasi-delict.
ed.); Domingo, Andrix; (Pages 514)
19.
Name
the
sources
of
obligation in Latin.
LA - a) Obligation ex lege
b) Obligation ex contractu
c)
Obligation
ex
quasicontractu
d) Obligation ex delicto
e) Obligation ex quasi- delicto
LS - E-Files-Sources of obligations
and their concepts.ppt
20. What does Article 1158 of the
CCP mean?
LA - It means that obligations
arising from law are not
presumed because they are
considered to be a burden upon
the obligor. It needs the
agreement betwwen parties
and governed very the law
LB - Art. 1158 of RA 386
21. What is the relation of Articles
3/19/26 of the CCP to Art. 1158?
LA - Art. 1158 states that
Obligations derived from law
are not presumed. Wherein
this
statement
was
being
complimented by Articles 3, 19,

and 26 of the CCP.
Effects and applications of lAw
Art 13 When the laws speak of
years, months, days or nights,
it shall be understood that
years are of three hundred
sixty-five days each; months, of
thirty days; days, of twenty-four
hours; and nights from sunset
to sunrise.
Human relations
Art 19 Every person must, in
the exercise of his rights and in
the performance of his duties,
act with justice, give everyone
his due, and observe honesty
and good faith.
Article 26. Every person shall
respect the dignity, personality,
privacy and peace of mind of
his
neighbors
and
other
persons. The following and
similar acts, though they may
not
constitute
a
criminal
offense, shall produce a cause
of
action
for
damages,
prevention and other relief:
(1) Prying into the privacy of
another's residence;
(2) Meddling with or disturbing
the private life or family
relations of another;
(3) Intriguing to cause another
to be alienated from his friends;
(4)
Vexing
or
humiliating
another on account of his
religious beliefs, lowly station
in life, place of birth, physical
defect,
or
other
personal
condition.
LB - Art. 1158 of RA 386

22. Give examples of obligation ex
lege as enunciated in the Family
Code of the Philippines.
LA - The husband and wife are
obliged
to
live
together,
observe mutual love, respect
and fidelity, and render mutual
help and support. (Art. 68, FCP)
LS - E-files, 2-BIBLE-FCP-E0 209
23. Define quasi-contract

LA - Certain lawful, voluntary
and unilateral acts give rise to
the juridical relation of quasicontract to the end that no one
shall be unjustly enriched or
benefited at the expense of
another.- art 2142
Its a juridical relation whereby
a person who is the creditor
may demand from another
called
the
debtor
the
observance of a determinative
conduct of the giving doing or
not doing .and in case of
breach
may
demand
satisfaction from the assets of
the
lattermakati
stock
exchange inc. et al vs ,iguel vs.
miguel v. Campus substituted
by julia ortigas vda. Campos gr.
No. 138814, april 16 2009

ed.); Domingo, Andrix; (Page 8)
24. What are the elements of

quasi-contract?
LA - Lawful,
unilateral.
voluntary
and
Lawfulconforming
to
or
permitted by rules- that which
is not forbidden by law
Voluntary willingly done with
ones consent
Unilateral - Relating to one
side. Performance by one side
of an agreement. Affecting one
party.
Conditions
of
unjust
enrichment
Following article 22 (Every
person who through an act of
performance by another, or any
other means, acquires or comes
into possession of something at
the expense of the latter without
just or legal ground, shall return
the same to him.)
Following this, two conditions
must concur to declare that a
person has unjustly enriched
himself or herself namely
1. A person is unjustly
benefited
2. Such benefits is
derived at the
expense of or to
the damage of
another
25.
Legally
contract.
illustrate
quasi-
LA - For example, A borrowed

money from B amounting to
Php 35,000.00 with a 10%
interest payable in a month.
After a month, the receivable of
B would be Php 38,500.00. A
paid mistakenly paid B an
amount of 39,500 pesos.
In
this case, it is the obligation of
B to return the excess amount
paid by A which is Php 1000.00.
As stated in Art. 2142, NCC, no
one shall be unjustly enriched
or benefited at the expense of
another.
In a sense, these obligations
may be considered as arising
from law.
Ex. You have the obligation
to return money paid by
mistake or which is not due.
26. Distinguish
quasi-contract.
contract
from
LA - In contract, there is a
meeting of the minds or
consent wherein the parties
must have deliberately entered
into formal agreement. Als , as
stated in art. 1159 (obligations
arising from contract have the
force of law between the
contracting parties and should

be
complied
within
good
faith.On the other hand, in
quasi-contract, there is no
consent but the same is
supplied by fiction of law.
ed.); Domingo, Andrix; (Pages 7-8)
Arts 1138, 1139, 2142
27.Name the kinds of quasicontracts. Briefly discuss each.
LA
A. 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.
B. Solutio Indebiti- If something
is received when there is no
right to demand it, and it was
unduly
delivered
through
mistake, the obligation to
return it arises.-2154 of ccp
C. Other
Quasi-ContactsSupport given by strangers
as
enumerated
under
Article 2164-2175 of the
new Civil Code.
CLUSTER 3
Bumogas , Aiza
GQs
-28-40
28. Define delict.

LA - Delict is a violation of the
law, especially a wrongful act
or omission giving rise to a
claim for compensation. It is
applicable only when there is a
penal law penalizing it and
requires
proof
beyond
reasonable doubt.
Art. 100. Civil liability of a
person guilty of felony. Every
person criminally liable for a
felony is also civilly liable.
Meaning civil liability is a
necessary
consequence
if
criminal liability
29. Is delict the same as crime?

LA Yes, Crime refers to a
wrongful
act
committed
whereby it can be intentionally,
unintentionally or accidentally
delict is an omission where
criminal intent is necessary. In
most comprehensive sense, it
is just the another name
texbook pg 11
LS - E-files, 1-BIBLE-RA 386
30. Enumerate 10 delicts found
under the Revised Penal Code of
the Philippines.
LA - a)treason - the crime of

betraying
ones
country
especially by trying to kill the
sovereign and overthrow the
govtArt. 114. Treason. Any
person who, owing allegiance
to (the United States or) the
Government of the Philippine
Islands, not being a foreigner,
levies war against them or
adheres to their enemies,
giving them aid or comfort
within the Philippine Islands or
elsewhere, shall be punished
by reclusion temporal to death
and shall pay a fine not to
exceed P20,000 pesos.
b)
Espionage-Art.
117.
Espionage. The penalty of
prision correccional shall be
inflicted upon any person who:
1. Without authority therefor,
enters a warship, fort, or naval
or military establishment or
reservation
to
obtain
any
information,
plans,
photographs, or other data of a
confidential nature relative to
the defense of the Philippine
Archipelago; or
2. Being in possession, by
reason of the public office he
holds, of the articles, data, or
information referred to in the
preceding paragraph, discloses
their
contents
to
a
representative of a foreign
nation.
c) Rebellion or insurrection
Art. 134. Rebellion (resistance

or insurrection ( a violent
uprising against the govt); How
committed. The crime of
rebellion or insurrection is
committed by rising publicly
and taking arms against the
Government for the purpose of
removing from the allegiance to
said Government or its laws,
the territory of the Philippine
Islands or any part thereof, of
any body of land, naval or other
armed forces, depriving the
Chief
Executive
or
the
Legislature, wholly or partially,
of any of their powers or
prerogatives. (As amended by
R.A. 6968).
d)
Illegal
assemblies
and
associations
Art. 146. Illegal assemblies.
The
penalty
of
prision
correccional in its maximum
period to prision mayor in its
medium
period
shall
be
imposed upon the organizers or
leaders
of
any
meeting
attended by armed persons for
the purpose of committing any
of the crimes punishable under
this Code, or of any meeting in
which the audience is incited
to the commission of the crime
of
treason,
rebellion
or
insurrection,
sedition
or
assault upon a person in
authority or his agents. Persons
merely present at such meeting
shall suffer the penalty of
arresto mayor, unless they are
armed, in which case the

penalty
shall
be
prision
correccional.chan
robles
virtual law library
If any person present at the
meeting carries an unlicensed
firearm, it shall be presumed
that the purpose of said
meeting, insofar as he is
concerned, is to commit acts
punishable under this Code,
and he shall be considered a
leader or organizer of the
meeting within the purview of
the preceding paragraph.
As used in this article, the
word
"meeting"
shall
be
understood
to
include
a
gathering or group, whether in
a fixed place or moving.
(Reinstated by E.O. No. 187).
Art. 147. Illegal associations.
The
penalty
of
prision
correccional in its minimum
and medium periods and a fine
not exceeding 1,000 pesos
shall be imposed upon the
founders,
directors,
and
presidents
of
associations
totally or partially organized for
the purpose of committing any
of the crimes punishable under
this Code or for some purpose
contrary to public morals. Mere
members of said associations
shall suffer the penalty of
arresto mayor. (Reinstated by
E.O. No. 187).
e) False testimony
Art.
180.
False
testimony
against a defendant. Any
person who shall give false
testimony
against
the
defendant in any criminal case
shall suffer:
1. The penalty of reclusion
temporal, if the defendant in
said case shall have been
sentenced to death;
2. The penalty of prision mayor,
if the defendant shall have
been sentenced to reclusion
temporal or reclusion perpetua;
3. The penalty of prision
correccional, if the defendant
shall have been sentenced to
any other afflictive penalty; and
4. The penalty of arresto
mayor, if the defendant shall
have been sentenced to a
correctional penalty or a fine,
or shall have been acquitted
f) Frauds
g) Gambling and betting
h) Bribery
i) Infanticide and abortion
j) Kidnapping of minor
LS E-files, 3-BIBLE-RPC
31. What are the kinds of liabilities
in the commission of delict?
LA - a) Restitution ( restoration)
b) Reparation of the damage
caused
c)
Indemnification
for
consequential damages
32. What is the effect of acquittal

in a criminal case as to the
liabilities of the accused?
LA -The acquittal of the guilty
party in the criminal case filed
does not extinguish the civil
liability unless it is stated in
the judgment that the fact from
which the civil action might
arise did not exist.
LB - Sec. 3, Rule III, Revised Rules
of Court
33. What is the effect of the death
of the accused as to his liabilities?
LA - Criminal liability is totally
extinguished by the death of
the convict, as to the personal
penalties and as to pecuniary
penalties; liability therefore is
extinguished only when the
death of the offender occurs
before final judgment.
Regarding the liability of one

person who commits a crime
against another, the provisions of
our Revised Penal Code (RPC)
must be primarily taken into
consideration, subject to the
provisions of the New Civil Code
(NCC)
l. This is in consonance with
Article 89 of the RPC that
expressly provides: Criminal
liability is totally extinguished: 1.
By the death of the convict, as to
the personal penalties and as to
pecuniary
penalties,
liability
therefor is extinguished only when
the death of the offender occurs

before final judgment;
LS - E-files, 3-BIBLE-RPC
34. Define quasi-delict.
LA - Wrong committed against
a person whereby criminal
intent is not necessary. It is
actionable in any act or
omission
wherein
fault
or
negligence intervenes, requires
preponderance of evidence and
employers
liability
is
necessary.
35. What are the elements of
quasi-delict?
Article 2197. Damages may be:

(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate; (5)
Liquidated; or
(6) Exemplary or corrective.
LS - E-Files-Sources of obligations
36. Distinguish delict from quasidelict.
LA - Delict are acts and
omissions punishable by law
while Quasi-delicts are wrong
committed against a person
independent of contract and
without criminal intent.
LS - E-files- Sources of Obligations
37. Legally illustrate quasi-delict.
LA - A. Act or Omission
B. Fault or Negligence Article
1173. The fault or negligence
of the obligor consists in the
omission of that diligence
which is required by the nature
of
the
obligation
and
corresponds
with
the
circumstances of the persons,
of the time and of the place.
When negligence shows bad
faith, the provisions of articles
1171 and 2201, paragraph 2,
shall apply.ligence (Art. 1173
CCP)
C. Damage or Injury (Art.

2197 CCP)
D.
LA - X accidentally bumped Ys
car causing damage to the car.
X will pay for the damages he
caused even if there is no preexisting contract.
LB - Article 2176 of R.A. 386
38. Legally explain the Doctrine of
Vicarious Liability.
LA - Vicarious liability is a legal
doctrine that assigns liability
for an injury to a person who
did not cause the injury but
who has a particular legal
relationship to the person who
did act negligently. It is also
referred
to
negligence.
as
imputed
LB - Article 2180, Article 2189,

Article 2190, Article 2191, Article
2193 of R.A. 386
39. Legally explain the Principle of
Respondent Superior.
LA - A common law doctrine
that makes an employer liable
for the actions of an employee
when the actions take place
within
the
scope
of
employment.
LB - Article 1280 of R.A. 386
40. How are obligations primarily
classified under the Civil Code?
LA - Pure and Conditional
Obligations
Obligations with a period
Alternative
and
Facultative
obligations
Joint and Solidary Obligations
Divisible
and
Indivisible
Obligations
Obligation with a penal cause
ed.);
Domingo,
Andrix
;
(Pages126-127)
41.
When
is
an
considered solidary?
obligation
LA - There is a solidary
liability
only
when
the
obligation expressly so states,
or when the law or the nature
of
the obligation requires
solidarity. Where each one of

the debtors is bound to render
and/or each of the creditor
has a right to demand entire
compliance
with
the
prestation.
LS - Obligations & Contracts
(2016 ed.); Domingo, Andrix);
Pages 200-201
42. If there is concurrence of two or
more debtors or two or more
creditors in one and the same
obligation, what is the obligation
presumed to be?
LA - The concurrence of two
or more creditors or of two or
more debtors in one and the
same
obligation
does
not
imply that each one of the
former has a right to demand,
or that each one of the latter
is bound to render, entire
compliance
with
the
prestation. The presumption is
that the obligation is joint and
not solidary.
LB - RA 386, Sec. 4, Art. 1207
43. Name the kinds of solidarity
that may exist.
LA - Kinds of Solidarity:
Kinds of Solidarity PAM
Passive 2 or more DRs
and 1CR
Active 2 or more CRs
and 1 DR
Mixed 2 or more DRs
and 2or more CRs
LS E-files, LECTURE GUIDEKINDS OF OBLIGATIONS
44. If the object of the obligation is

indivisible,
is
the
obligation
necessarily solidary?
LA - The indivisibility of an
obligation
does
not
necessarily
give
rise
to
solidarity. Nor does solidarity
of itself imply indivisibility.
LB R.A 386, Sec. 4, Art. 1210
45. If the obligation is joint, but the
division is impossible how shall the
obligation be performed?
LA
If
the
division
is
impossible, the right of the
creditors may be prejudiced
only by their collective acts,
and the debt can be enforced
only by proceeding against all
the debtors. If one of the
latter should be insolvent, the
others shall not be liable for
his share.
LB - R.A 386, Sec. 4, Art. 1209

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1.

LS - Obligations & Contracts (2016

finds that some pecuniary loss

agreement of the parties; while

10. What are the essentials

11. What are the kinds of

e files nature and concepts of

14. When should obligation be

16. When should obligation be

LS - Obligations & Contracts (2016

complimented by Articles 3, 19,

LB - Art. 1158 of RA 386

23. Define quasi-contract

LS - Obligations & Contracts (2016

24. What are the elements of

LA - For example, A borrowed

contracting parties and should

28. Define delict.

29. Is delict the same as crime?

LA - a)treason - the crime of

Art. 134. Rebellion (resistance

armed, in which case the

32. What is the effect of acquittal

Regarding the liability of one

the death of the offender occurs

Article 2197. Damages may be:

C. Damage or Injury (Art.

LB - Article 2180, Article 2189,

solidarity. Where each one of

44. If the object of the obligation is

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