OBLICON REVIEWER

Atty. Lulu Reyes

Montereal, King Anthony M.

OBLIGATION the recipient, or for its simple possession, or in

-is a juridical necessity to give, no to give, to do and not to do (Art. order to return it to its owner
1156) B. Personal Obligation (To do work/services)
1. Positive Personal Obligation (to do)
Juridical Necessity 2. Negative Personal Obligation (not to do/give)
-in case of non-compliance, the courts of justice may be
called upon to enforce its fulfillment or, in default thereof, the REQUISITES OF PRESTATION
economic value that is represents. 1. Possible (Physically and Judicially)
2. Determinate (or at least determinable)
CLASSIFICATIONS OF OBLIGATIONS 3. Pecuniary Estimation (Equivalent in money)

1. Civil Obligation (Art. 1156) EXAMPLE:

-which if not fulfilled when it becomes demandable
may be enforced in court through an action
2. Natural Obligation
-cannot be enforced by court action but binding on
the party who makes them in conscience and
according to equity and national justice
-e.g. prescription of obligation to collect a sum of
money, the debtor is not obliged to give and the
creditor cannot demand its payment
3. Moral Obligation
-duties of conscience completely outside of the field of
law
Unilateral Obligation
-only one party is bound
Bilateral Obligation
-both parties are bound
1. Reciprocal – dependent from the prestation;
one and the same source
2. Non-reciprocal – independent from one another
*Identity of the Cr/Dr should be certain or, at least, certainable
Husband and wife fails to observe mutual fidelity or
refuses to live with one another
Prestation:
-To demand legal separation (Pecuniary estimation
is the damages incurring from the injury)
-To demand support
-To demand separation of conjugal properties
*prestation is a judicial action demandable from court
SOURCES OF OBLIGATIONS (Efficient Cause/Vinculum Juris)
-reason why the obligation exists, by:
1. Law (Law);
2. Unilateral Acts (Contracts and Quasi-Contracts); and
3. Bilateral Acts (Delicts and Quasi-Delicts)
1. LAW
-if there is a specific statute that imposes the duty;
demandable regardless of the will of the debtor;
demandable by state

Query: Are there limits on the number of Creditor and Debtor in an EXAMPLE:
obligation?
None. Payment of taxes - without the provision of law, it cannot
be imposed, it is a compulsory obligation
Query: Are the Creditors and Debtors and not limited to Natural
Persons? 2. CONTRACTS
No. Juridical Persons can be Dr/Cr. -meeting of the minds (mutual consent) between
two parties where by one is bound to give, to do or
Juridical Persons not to do
1. State -voluntary will
2. Private and Public Corporations -including ancillary stipulations (e.g. depositum on
3. Partnership buses; ancillary to the contract of carriage)

A. Commodatum (loan of property)

Query: Can the Republic of the Philippines be a debtor? -to lend
No. Except on proprietary functions. -a gratuitous loan of a movable property which is to be
returned undamaged to the lender.
Query: Can the Republic of the Philippines be a debtor? B. Mutuum (loan of sum of money)
No. They can invoke immunity from suit. -not the same thing; but the same equivalent
C. Depositum
ESSENTIAL ELEMENTS OF AN OBLIGATION -for safekeeping; must return the same thing
-e.g. warehouses; storages
1. Passive Subject (debtor or obligor) D. Mortgage
-the person who is bound to the fulfillment of the -Real estate mortgage (REM)
obligation; he who has a duty -Chattel Mortgage (CHM)
2. Active Subject (creditor or obligee)
-the person who is entitled to demand the Pledge Chattel Mortgage
fulfillment of the obligation; he who has the right Involves collateral Involves collateral
3. Object or Prestation (subject matter) The collateral is given for The collateral is for you to use
-the conduct required to be observed by the debtor. security
-it may consist in giving, doing, or not doing. Example: Pawnshop/Broker
-without it, there is nothing to perform Must be duly licensed by the
4. Juridical or Legal Tie (efficient cause/Vinculum Juris) BSP
-that which binds or connects the parties to the
obligation. E. Antichresis
-security contract
KINDS OF PRESTATION -the creditor is given the right of the fruits of the property
(e.g. interests)
A. Real Obligation (Thing to deliver/give) -does not transfer ownership
-consists in delivery of a movable or immovable
thing, in order to create a real right, or for the use if F. Suretyship
G. Guaranty
 Acquittal: No Yes, through guardian or
Suretyship Guaranty Exempting person exercising
A 3rd person is liable for the A 3rd person is liable for the Circumstance parental authority
debt of the other with the debt of the other with the Dismissal: No Yes, through dependent
obligation to reimburse obligation to reimburse A. Violation of or independent civil
The 3rd person is a co-debtor The 3rd person is only Right (Right to action
subsidiary liable speedy trial)
B. Doubly
Jeopardy
3. QUASI-CONTRACTS (Principle of Unjust Enrichment)
-a judicial relation which arises from lawful, voluntary Art. 1159. Obligations arising from contracts have the force of law
and unilateral acts and which are enforceable to the end between the contracting parties and should be complied
that no one shall be unjustly enriched or benefited at the with in good faith.
expense of another (Art. 2142)
-not imposed by law Unjust Enrichment
Every person who through an act of performance by
KINDS OF QUASI-CONTRACTS another, or any other means, acquires or comes into
A. Solutio Indebiti (Mistake in Payment) possession of something at the expense of the latter
-the one who benefited is not legally entitled thereto without just or legal ground, shall return the same to him
B. Negotiorum Gestio (Unauthorized/Inofficious
Management) Net Earning Capacity Computation
-the creditor unilaterally takes over the abandoned [2/3(80-Age upon death)(net income-reasonable living
property to preserve the same (not to take over the expense(or 50%))]
property; no damage shall take place)
-will continue in managing the business or property until Legal Count of work days in a year = 261 days
he is fired or dismissed by the owner
-in case the inofficious manager cannot sustain the Moral Damages (Art. 2217)
preservation, a substitute will take place Moral damages include physical suffering, mental
-in case the inofficious manager did his best to preserve anguish, fright, serious anxiety, besmirched reputation,
the property but the property is still destroyed, the wounded feelings, moral shocks, social humiliation, and
owner is still bound to pay the inofficious manager similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they
In Negotiorum Gestio, the creditor is entitled to: are the proximate result of the defendant's wrongful act
1. Reimbursement to necessary expenses incurred to or omission.
preserve the property
2. Compensation for his services Exemplary Damages
The rationale behind exemplary or corrective damages
4. DELICTS is, as the name implies, to provide an example or
Twin Liablity - all criminally liable are civilly liable (Art. correction for public good.
100 of the RPC)
In quasi-delicts, exemplary damages are awarded
Principal Penalties whenever the defendant acted with “gross negligence.”
1. Fine Meanwhile, in contracts and quasi-contracts,
2. Imprisonment exemplary damages are awarded whenever the
defendant acted in a “wanton, fraudulent, reckless,
How civil liability is enforced: oppressive, or malevolent manner.”
A. Restitution – restoration of the thing itself
B. Reparation – compensation of the damage, CASE LAWS:
considering the price and sentimental value
C. Indemnification of damages – compensation for the ST. MARY’S ACADEMY v. CARPITANOS
consequential damages like moral and exemplary Art 218 – Special Parental Authority
damages Art 219 – Principal/Solidarily Liable

Who is liable? SPS GUANIO v. MAKATI SHANGRI-LA HOTEL

-Accused Doctrine of Prox Cause – only applied on Quasi Delicts
If Minor – Parent/Guardian
If Insane – Guardian REGINO v. PCST
If Employee – employee itself; the School-Student Contract – Upon enrolment
employer is only subsidiary liable Fees belatedly apply on the mid of sem is not part of the
school-stu contract entered into at the star of SY
CRIM CIVIL
Aspect Public Private PSBA v. CA
Proof of Guilt Beyond Mere preponderance of Student – abides school R&R
reasonable evidence; School – to help stu pursue higher educ or profession
doubt WON there is harm,
injury, or damages PP v. HASHIM
LIABILITY IN FINAL JUDGMENTS Cases on Trafficking
Conviction Yes Yes, through reparation, No Civil Damages
restitution or Moral Damages – 500k
indemnification Exemplary - 100k
Acquittal: No Yes, through 4 convicts are solidarily liable
Reasonable preponderance of
Doubt evidence PP v. MALICSI
Acquittal: No No Moral Damages are auto granted to rape (50k) without
Innocence/Non the proof other than the commission of the crime.
Authorship
Acquittal: No No, except avoidance of PP v. SIA
Justifying greater evil or state of Net Earning Computition
Circumstance necessity
PP v. DOCTOLERO
50,000 fixed amount as indemnity for death
 50,000 moral damages

PP v. ABULENCIA
Complex Crime – 100k fixed civil indemnity (50k for
rape 50k for homicide)
50k moral damages doesn’t need proof – obvious

Hence, minimum damages for Special Complex Crim is

150k

PP v. MELECIO-HERRERA
A person may file a separate civil action arising from
quasi-delict, during the pendency of the criminal case,
provided that it was reserved

PP v. RELOVA
The extinction of crim liab by prescription or by the bar
of double jeopardy does not carry with it the extinction
of civil liability

PP v. MANANTAN
When a person is already acquitted. It can appeal on the
Crim Liab (Only of the Civil Liab)

PP v. BAYOTAS
Civil liab survives if the source of obligation other than
delict arises