Professional Documents
Culture Documents
Prestation – is an obligation; more specifically, it is the subject The so-called Innominate Contracts
matter of the obligation – may consist of giving a thing, doing or “contratos innominados”
not doing a certain act. a. Do ut des- I give that you may give
b. Du ut facias – I give that you may do
KINDS OF OBLIGATIONS c. Facio ut des – I do that you may give
a. viewpoint of sanctions d. Facio ut facas – I do that you may do
1. Civil Obligation – that defined in Art. 1156. The sanction is
juridical process. Art. 1160. Obligations derived from quasi-contracts shall be
2. Natural Obligation – the duty not to recover what has subject to the provisions of Chapter 1, Title XVII, of this Book.
voluntarily been paid although payment was no longer required.
3. Moral Obligation - the duty of a Catholic to hear mass on Quasi-Contract is a juridical relations resulting foma lawful,
Sundays and holy days of obligation. The Sanction is conscience voluntary and unilateral act, and which has for its purpose the
or morality. payment of indemnidty to the end that no one shall be ujustly
enriched or benefited at the expense of another
b. viewpoint of subject matter
1. real obligation – the obligation to give 2 Principal Kinds
2. personal obligation – the obligation to do or not to do 1. Negotiorum Gestio; whena person voluntarily takes
charge of anothers abandoned business of property
c. viewpoint of affirmativeness and negativeness of obligation without the owners authority.
1. positive or affirmative obligation – the obligation to give or 2. Solutio Indebiti; when something is received when
to do. there is no right to demand it, and it was unduly
2. negative obligation – the obligation not to do includes not to delivered thru mistake. The recipient has the duty to
give. return.
Quasi-delicts is a fault or act of negligence (or omission of When does the Obligation to Deliver Arise
care) which causes damagesto another, there being no pre a. If there is no term or condition, from the perfection
existing contractual relations between the parties. of the contract.
b. If there is a condition or term, from the moment the
Examples: term arrives or the condition happens.
a. While driving a car recklessly, I injured a pedestrian
b. While cleaning my windows sill, cause the flower pot Art. 1165. When what is to be delivered is a determinate
to fall breaking the arms of my neighbor. thing, the creditor, in addition to the right granted him by
Article 1170, may compel to the debtor to make the delivery.
Negligence (Culpa) is the failure to observe, for the If the thing is indeterminate or generic thing, he may
protection of the interests of another person, that degree ask that the obligation be complied with at the expense of the
of care, precaution and vigilance which circumstances debtor,
justly demand. If the obligation delays, or has promised to delvier
the same thing to two or more persons who do not have the
Requisites Before a Person Can Be Held Liable for a Quasi- same interest, he shall be responsible for fortuitous event until
Delict has effected the delivery.
1. There must be fault or negligence attributable to the
person charged; Specific or Determinate things – when it is capable of particular
2. There must be damage or injury; designation. Ex: this car, tha car owned by A on Sept. 12, 2005,
3. There must be a direct relation of cause and effect the care with the plate number 1815, th particular picture of
between the fault or negligence on the one hand and Mayela in my notebook.
the damage or injury on the other.
Generic or Indeterminate Things – refers only to class, to a
NATURE AND EFFECT OF OBLIGATION genus, and cannot be pointed out with particularity.
Ex.: A car, a 2005 BMW, the sum of P5 Million, a kilo of sugar.
Art. 1163. Every person obliged to give something is also
obliged to take care of it with the proper diligence of a good Remedies of the Creditor When Debtor Fails to Comply with his
father of a family, unless the law or the stipulations of the Obligations:
parties requires another standard of care. a. Demand for specific performance of the obligation.
b. Demand for rescission or cancellation
Determinate - specific c. Demand for damages either with or without either of
Indeterminate – on of class the first two. (a or b)
Art. 1178. Subject to the laws, all rights acquired in virtue of Art. 1182. When the fulfillment of the condition depends
an obligation are transmissible, if there has been no upon the sole will of the debtor, the conditional
stipulation to the contrary. obligation shall be void. If it depends upon chance or
upon the will of a third person, the obligation shall take
Transmissibility of Rights effect in conformity with the provision of this Code.
Rights are transmissible.
Exeptions: Protestative – depends on the exclusive will of one parties.
a. If the law provides otherwise; Casual – depends on chance OR upon the will of a third
b. If the contract provides otherwise; person.
c. If the obligation is purely persona
Protestative on the Part of the DEBTOR:
If suspensive: void
DIFFERENT KINDS OF OBLIGATIONS If resolutory: valid
Section 1 Protestative on the part of the CREDITOR: valid
Art. 1179. Ever y obligation whose performance does not Art. 1183. Impossible conditions, those contrary to good
depend upon a future or certain event, or upon a past event customs or public policy and those prohibited by law shall
unknown to the parties, is demandable at one. annul the obligation which depends upon them. If the
Every obligation which contains a resolutory obligation is divisible, that part thereof which is not
condition shall also be demandable, without prejudice to the affected by the impossible or unlawful condition shall be
effects of the happening of the event. valid.
The condition no to do an impossible thing shall be
Pure Obligation – one without a condition or a term considered as not having been agreed upon.
Conditional Obligation – When there is a condition.
Condition – “it is an uncertain event which wields an influence Classification:
on a legal relationship”. a. Impossible: physical- to make a dead man live
Term or Period – which necessarily must come whether the Logically – to make a circle that is the same timesquare
parties know when it will happen or not.
b. Illegal – prohibited by good customs, public policy, The fault of the debtor, the impairment is to be bourne by the
prohibited, directly or indirectly by law; like killing X, a creditor;
friend. 4. If deteriorates through the fault of the debtor, the
Creditor may choose between the rescission of the obligation
EFFECTS: and its fulfillment, with indemnity for damages in either case;
a. If condition is to do an IMPOSSIBLE or ILLEGAL thing: 5. If the thing is improved at the expense of the debtor,
VOID He shall have no right than that granted to him usufractuary.
b. If condition is NEGATIVE, not to do the impossible,
JUST REGARD the condition but obligation REMAINS Loss – it is understood that the thing is lost;
c. If the condition is NEGATIVE, not to do the illegal a. When it perishes
thing, condition and obligation are VALID. b. When it goes our of commerce
c. When it disappears In such a way that its existence is
Art. 1184. The condition that some event happen at a unknown.
determinate time shall extinguish the obligation as soon as the d. When it disappears in such a way that it cannot be
time expires or If it has become indubitable that the event will recovered.
not take place. (Refers to POSITIVE Conditions)
Art. 1190:
Art. 1185. The condition that same event will not happen at a
determinate time shall render the obligation effective from the Effects when Resolutory Condition is Fulfilled
moment the time indicated has elapsed, or if it has become a. The obligation is extinguished
evident that the event cannot occur. b. Because the obligation had been extinguished and
If no time has been fixed, the condition shall be considered to have had no effect, the parties should
deemed fulfilled at such time as may have probably been restore to each other what they received.
contemplated bearing in mind the nature of the obligation. c. Aside from the actual things received, the fruits or
(refers to NEGATIVE Conditions) interests thereon should also be return.
d. The rules given n Art. 1189. Will apply to whoever has
Art. 1186. The condition shall be deemed fulfilled when the the duty to return in case of loss, deterioration, or
obligor voluntarily prevents its fulfillment. improvement of the thing.
e. The courts are given power to determine the
Rule: CONSTRUCTIVE or PRESUMED FULFILLMENT retroactivity of the fulfillment of resolutory
Requisites: conditions.
a. VOLUNTARILY made
b. Actually PREVENTS Art. 1191. The power to rescind obligations is implied in
reciprocal ones, in case on of the obligors should not comply
Art. 1187. with what is incumbent upon him.
The injured party may choose between the
Effects of Fulfillment of Suspensive Conditions: fulfillment and rescission of the obligation, with the payment
a. RETROACTS (as general rule) to the day the obligation of damages in either case. He may also seek rescission, even
was constituted. after he has chosen fulfillment, if the latter should become
b. No Retroactivity with reference only to: impossible.
1. Fruits or interest. The court shall decree the rescission claimed, unless
2. Period of Prescription there be just cause authorizing the fixing of a period.
No Retroactive Effects as to Fruits and Interest; This is understood to be without prejudice to the rights of third
a. Unilateral; debtors gets the fruits and interest unless persons who have acquired the thing, in accordance with
there is a contrary intent. Article 1385 and 1388 and the Mortgage Law.
b. Reciprocal; the fruits and interest during the pendency
of the condition shall be deemed to compensate each Right to Rescind – right to cancel the contract or reciprocal
other. obligation in case of nonfulfillment on the part of one.
SCOPE OF FRUITS:
Fruits here refer to natural, industrial, and civil fruits (rent) Characteristic of the Right to Rescind or Resolve:
a. It exists only in reciprocal obligation.
Art. 1188. The creditor may, before the fulfillment of the b. It can be demanded only if plaintiff is ready, willing
condition, bring the appropriate actions for the preservation of and able to comly with his own obligation
his right.
The debtor may recover what during the same time Section 2
he has paid by mistake in case of a suspensive condition. OBLIGATIONS WITH A PERIOD
Bring appropriate actions – sue in court Art. 1193. Obligation for whose fulfillment a day certain has
Other appropriate actions: been fixed, and shall be demandable only when that day
a. Ask for security if the debtor is insolvent comes.
b. Ask the court to prevent alienation or concealment. Obligations with a resolutory period take effect at
one, but terminate upon arrival of the day certain.
Art. 1189. When then conditions have been imposed with the A day certain is understood to be that which must
intention of suspending the efficacy of an obligation to give, necessarily come, although it may not to be known when.
the following rules shall be observed in case of the If the uncertainty consists in whether the day will
improvement, loss, or deterioration; come or not, the obligation is conditional and it shall be
1. If the thing is lost without the fault of the debtor, the regulated by the rules of the preceding Section.
Obligation shall be extinguished;
2. If the thing is lost through the fault of the debtor, he Period – is a certain length of time which determines the
Shall be obliged to pay damages; it is understood that the effectivity or the extinguishmwnt of obligations
when the thing is lost when perishes, or goes out of
commerce, or disappear in such a way that its existence is Period Distinguished from Condition
unknown or it cannot be recovered; a. In their fulfillment
3. When the thing deteriorates without the fault of the
A condition is an uncertain event; but period is an event which
must happen sooner or later.
b. Reference to time;
A period always refers to the future, a condition may under the
law refer even to the past.
c. As to influence of obligation;
A condition causes an obligation arise or to cease, but a period
merely fixes the time or the efficiaciousness of an obligation.
Payment by the Third Person (BAR) Art. 1242. Payment made in good faith to any person in
The third person may pay: possession of the credit shall release the debtor.
a. With the knowledge and consent of the debtor Art. 1243. Payment made to the creditor by the debtor after
The payor is entitled to REIMBURSEMENT and the latter has been judicially ordered to retain the debt shall
SUBROGATION to such rights as guaranty, penalty not be valid.
clause, or mortgage.
b. Without the debtors knowledge or against his will. Garnishment – the proceeding by which a debtors creditor is
The payor is not entitled to subrogation; moreover he subjected to the payment of his own debt to another
is allowed only for BENEFICIAL REIMBURSEMENT.
Interpleader – technical name of the action in which a certain
Art. 1237. Whoever pays on behalf of the debtor without the person in possession of certain property wants claimants to
knowledge or against the will of the latter, cannot compel the litigate among themselves for the same.
creditor to subrogate him in his rights, such as those arising
from a mortgage, guaranty, or penalty. Injunction – it is a judicial process by virtue of which a person is
generally ordered to refrain from doing something.
Subrogation – means the act of putting somebody into the
shoes of the creditor, hence, enabling the former to exercise all
the rights and actions that could have been exercised by the
latter.