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1 HECKY WAS A SHAM

Obblighi e contratti
Nov 19-21, 2018

Nov 19, 2018 - All case recits because there are certain contracts that are also unilateral
Nov 20,2018 - all provi recits hahaha in nature like a donation. The donee merely received and
Nov 21, 2018 only the donor has the obligation to perform.

Art. 1156. An obligation is a juridical necessity to give, to There are also obligations where there are no contractual
do or not to do. relations between the parties - example is the inofficious
manager. But it could ripen into a contract as soon as the
-- other party would authorize the person to manage.

The elements of the obligation are the following: It is a juridical necessity because in the event that the
1. Personal elements: parties to the obligation fails to comply with what is
(a) an active subject (called the obligee or creditor) incumbent upon him, then the aggrieved party may go to
— the possessor of a right; he in whose favor the court and demand fulfillment of the obligation. There must
obligation is constituted. be a showing that you have made a demand whether
judicial or extrajudicial.
(b) a passive subject (called the obligor or debtor) —
he who has the duty of giving, doing, or not doing. Is it required that the creditor be determinate at the
time of the creation of the obligation?
2. Object/prestation - refers to the manner that is to be NO. It is sufficient that the creditor is determinable.
performed by the debtor/ creditor and not the object per And then only at the time of payment is he required to be
se (it is to give, to do or not to do) determinate but at the time of the creation of the
obligation, the creditor is not yet identified.
The complete definition is the one given by Arias Ramos:
Object of the contract
“a juridical relation whereby a person (called the creditor) 1. Must be licit - not contrary to law
may demand from another (called the debtor) the 2. Must be identifiable or determinable
observance of a determinate conduct and in case of 3. Must be one susceptible of pecuniary estimation
breach, may obtain satisfaction from the assets of the -the purpose of this is when the creditor goes to
latter.” court to demand fulfillment, the object of the
prestation has to be quantified because that will now be
Problem: the basis of the judgment of the court in the event that
the creditor is able to prove that indeed he is entitled to
Customer buys a shirt in the department store. the fulfillment of the obligation and that the debtor
has delayed its fulfillment.
In this problem, the customer is the creditor as to the shirt
that the debtor (sales clerk) is bound to deliver while the But of course there are obligations which at the time of the
sales clerk is the creditor as to the payment which the execution of the contract does not have value. A perfect
customer (debtor) is bound to pay. example of this is marriage. Which is a special contract of
permanent union.
There is this prestation which at the time of the creation of
the obligation which is merely determinable and not yet
determinate. But once the buyer chose the particular shirt
and decides to buy it, it becomes determinate. Art. 1157. Obligations arise from:
(1) Law;
Rule: (2) Contracts;
The object need not be determinate at the time of the (3) Quasi-contracts;
constitution of the obligation. It is sufficient that it is (4) Acts or omissions punished by law; and
determinable. Because if the object would be delivered a (5) Quasi-delicts.
thing, it becomes void. Why? It violates one of the
provisions on obligations and contracts that the object
must be determinate as to its kind. But a thing is not. So Art. 1158. Obligations derived from law are not
to deliver “a thing” is void. presumed.

So it must be determinable and becoming determinate at Only those expressly determined in this Code or in special
the time the obligation is perfected. laws are demandable, and shall be regulated by the
precepts of the law which establishes them; and as to
The efficient cause in this case is a contract of sale. what has not been foreseen, by the provisions of this
Book.
Remember that there are 5 sources of obligation:
(1157) ---
1. Law So what are those obligations derived from law:
2. Contract 1. Taxes
3. Quasi-contract 2. Support (to finish vocational, professional course or for
4. Acts/omissions punishable by law self improvement: art 94/121, family code)
5. Quasi-delict

This contract of sale is a bilateral, reciprocal obligation - Art. 1159. Obligations arising from contracts have the
2 HECKY WAS A SHAM
Obblighi e contratti
Nov 19-21, 2018

force of law between the contracting parties and should be 1. The accused is not the author of the crime
complied with in good faith. 2. There was no crime committed
3. The fact from which the civil liability arose was not the
Parties are free to stipulate terms and conditions provided crime
these are not contrary to law, morals, public order or
public policy. And it is not the provisions on obligations and What does civil liability include? (art 103, RPC)
contracts that would govern the agreements entered into 1. Restitution
by the parties but the contract entered into by the parties 2. Reparation
which is the law between them. The only recourse to the 3. Indemnification for consequential damages
provisions of obli and contracts is the disagreement
between parties. Respecting dependent civil actions, when is it filed? It is
deemed impliedly instituted with the criminal case, unless
The exception to 1159 is attorney’s fees while it may be the offended party:
true that at the time of the commencement of the client 1. Waives the civil liability
lawyer relationship, you may agree as to how much you 2. Reserves the right to file it separately
may demand, if the case does not push through, say in a 3. Institutes the civil action prior to the criminal action
case of legal separation, the couple decided to reconcile,
you cannot demand the entire fee originally agreed upon. In fact, it might be that the court will order the
You are only entitled to quantum meruit - based on how consolidation of the civil action and the criminal case
much the lawyer spent in the preparation of petition for because the civil action is dependent on the resolution of
legal separation as well as other acts done in compliance the criminal action. Such that if the civil action is filed
with what was supposed to be done by the lawyer. ahead and the criminal action is filed subsequently, the
civil action may be suspended to await for the
determination of the criminal case unless the crime would
Art. 1160. Obligations derived from quasi-contracts shall fall under article 33 (oral defamation, fraud, physical
be subject to the provisions of Chapter 1, Title XVII, of this injuries) which are the only 3 criminal cases the law
Book. allows to have a separate civil action. All the others are a
violation of the constitution (art 32), the basis not being
(1) ‘Quasi-Contract’ Defined the act or omission (art 31), and members of the city or
A quasi-contract is that juridical relation resulting from a municipal police force (art 34) and quasi delict (art 2176)
lawful, voluntary, and unilateral act, and which has for its are the only instances the law grants a separate civil
purpose the payment of indemnity to the end that no one action which is proven by mere preponderance of
shall be unjustly enriched or benefited at the expense of evidence. As opposed to criminal offenses which needs
another. (See Art. 2142, Civil Code). guilt beyond reasonable doubt.

(2) The 2 Principal Kinds What is guilt beyond reasonable doubt?


(a) negotiorum gestio (unauthorized management) The standard that must be met by the prosecutions
(b) solutio indebiti (undue payment) evidence in a criminal prosecution: that no other logical
explanation can be derived from the facts except that the
Negotiorum Gestio defendant committed the crime, thereby overcoming the
This takes place when a person voluntarily takes charge of presumption that a person is innocent until proven guilty.
another’s abandoned business or property without the
owner’s authority. (Art. 2144, Civil Code). Reimbursement The term connotes that evidence establish a particular
must be made to the gestor for necessary and useful point to a moral certainty and that it is beyond dispute
expenses, as a rule. (See that any reasonable alternative is possible.
Art. 2150, Civil Code).
Unless it would fall under art 36 on prejudicial question
Solutio Indebiti where the criminal case is suspended to await for the civil
This takes place when something is received when there is action because the issue raised in the criminal case is so
no right to demand it, and it was unduly delivered thru intimately related to the civil case that it is determinative
mistake. of the guilt/innocence of the the accused in the criminal
The recipient has the duty to return it. (Example: If I let a case.
storekeeper change my P50.00 bill and by error he gives
me P50.60, I have the duty to return the extra P0.60). Is motu proprio suspended? - does the court have the
(See Art. 2154, Civil Code) authority to suspend to suspend it right away?

NO you have to file a manifestation that there is a


Art. 1161. Civil obligations arising from criminal offenses prejudicial question to warrant suspension of the criminal
shall be governed by the penal laws, subject to the case.
provisions of Article 2177, and of the pertinent provisions
of Chapter 2, Preliminary Title, on Human Relations, and of When do you file it?
Title XVIII of this Book, regulating damages. At any time before the prosecution rests its case or before
the office of the prosecutor where the affidavit of
Art. 100, revised penal code - every person criminally complaint is filed.
liable is also civilly liable.

Exceptions: