Professional Documents
Culture Documents
No particular book or commentary is required in this class. The choice is left to the
student as part of their academic freedom.
Unless otherwise specified, numbers below refer to the articles of the New Civil Code.
Students should read their preferred commentaries and come to class prepared to discuss
with the lecturer following the Socratic Method in teaching.
Students are strongly advised to read all cases in the original and personally prepare
their summaries or digests.
The use of electronic devices of any kind is discouraged. These, together with
textbooks and printed materials, shall be kept hidden as soon as the class starts. Personal
notes and codals may be taken out; however, during recitations, students are expected to
recite and not read from their notes and codals.
Students shall prepare at least 2 sheets of yellow intermediate pad paper for quizzes.
Quizzes may be given in lieu of recitations.
If a student is called for recitation and s/he is absent, s/he shall be given a failing
mark for said recitation.
1. Definition
2. Elements of an obligation
3. Sources of an obligation
4. The concept of prestation
Cases:
Makati Stock Exchange v. Campos, G.R. No. 138814, April 16, 2009
Wellex Group v. U-Land Airlines, G.R. No. 167519, January 14, 2015
Barredo v. Garcia, 73 Phil. 607 (1942)
Mendoza v. Arrieta, 91 SCRA 113 (1979)
PSBA v. CA, 205 SCRA 729 (1992)
Amadora v. CA, 160 SCRA 315 (1998)
Cases:
De Guia v. Manila Electric Co., 40 Phil. 706 (1920)
E. Razon, Inc. v. CA, G.R. No. L-50242, May 21, 1988
Optimum Motor v. Tan, G.R. No. 170202, July 14, 2008
Civil Aeronautics Administration v. CA, G.R. No. L-51806, November 8, 1988
1. By enforceability (1423-1429)
a. Civil
b. Natural
Cases:
Villaroel v. Estrada, 71 Phil 140 (1940)
Fisher v. Robb, 69 Phil 101 (1939)
(You may refer to the discussions in ‘Tolentino, Arturo. Commentaries and Jurisprudence on
the Civil Code of the Philippines. Any edition.)
2. As to cause/origin
a. Potestative, 1180, 1182, 1197
Case: Lim v. CA. 191 SCRA 156 (1990)
b. Casual
Case: Naga Telephone v. CA, 230 SCRA 351 (1990)
c. Mixed
Cases:
o Osmena v. Rama, 14 Phil 99 (1909)
o Hermosa v. Longora, 93 Phil 971 (1953)
3. As to possibility
a. Impossible conditions, 1183
Case: Roman Catholic Archbishop of Manila v. CA,
198 SCRA 300 (1991)
4. As to mode
a. Positive, 1184
b. Negative, 1185
v. When obligation ineffective
1. When condition is not fulfilled, 1184
2. When condition is void ab initio, 1182-83
3. Rescission of reciprocal obligations, 1191-92, 1189
Cases:
o Qui v. CA, L-38059, September 4, 1975
o Araneta v. Philippine Sugar Estates, L-22558, May 31, 1967
o Gaite v. Fonacier, L-11827, July 31, 1961
Cases:
o Alco Pulp and Paper v. Lim, G.R. No. 206806, June 15, 2014
o Borbon v. Servicewide Specialists, G.R. No. 106418, July 11, 1996
a. Joint obligations
i. General Rule, 1207
ii. Presumption, 1208
iii. In case indivisible, 1209
b. Solidary obligations
i. When solidary, 1207
ii. Kinds
1. Source
a. Legal, 1915, 1945, 2194, RPC 119
b. Conventional
c. Real
Cases:
o Lafarge Cement v. Continental Cement, G.R. No. 155173,
November 23, 2004
o De Castro v. CA, G.R. Ni. 115838, July 18, 2002
o Malayan Insurance v. CA, L-36413, September 26, 1988
1. Payment or Performance
ACCRA Investments v. CA, G.R. No. 96322, December 30, 1991
2. Application of Payments
Premiere Development Bank v. Central Surety, G.R. No. 176246, February 13,
2009
3. Payment by Cession
4. Tender of Payment and Consignation
Del Carmen v. Spouses Sabordo, G.R. No. 181723, August 11, 2014
Banco Filipino v. Diaz, G.R. No. 153134, June 27, 2006
8. Compensation
CKH Industrial v. CA, G.R. No. 111890, May 7, 1997
First United v. Bayanihan Automotive, G.R. No. 164985, January 15, 2014
A. GENERAL PROVISIONS
1. Nature, Definition (1305)
GSIS v. CA, 228 SCRA 183 (1993)
SM Land Inc. v. BCDA, G.R. No. 203655 (Resolution dated March 18, 2015)
2. Content, Subject Matter
a. Freedom to Stipulate (Freedom of Contract, Principle of Autonomy)
b. Limitation on Stipulation
i. Law
ii. Morals and Good Customs
iii. Public Order or Public Policy
Cases:
o Rivera v. Solidbank Corp., G.R. No. 163269, April 19, 2006
o Traveno v. BBGMC, G.R. No. 164205, September 3, 2009
3. Principle of Mutuality
4. Principle of Relativity
a. General Rule
b. Exceptions
i. Stipulation in favor of third party
ii. In case of contracts creating real rights
iii. In case of creditors
5. Determination of Validity/Compliance/Performance
6. Perfection
7. Authority to Contract
8. Inducement to Violate
CASES:
o Roman Catholic v. Pante, G.R. No. 174118, April 11, 2012 (requisites,
nature of mistake required)
o Spouses Theis v. CA, G.R. No. 126013, February 12, 1997
o Cebu Winland Development Corporation v. Ong Siao Hua, G.R. No.
173215, May 21, 2009
o Domingo Realty v. CA, G.R. No. 126236, January 6, 2007 (no mistake
where there is knowledge)
c. Simulation
i. Types
ii. Effect
CASES:
o Villaflor v. CA, G.R. No. 95694, October 9, 1997
o The Manila Banking Corporation v. Silverio, G.R. No. 132887, August
11, 2005
o Heirs of Ureta v. Heirs of Ureta, G.R. No. 165748, 165930, September
14, 2011
o Cruz v. Bancom Finance Corp., G.R. No. 147788, March 19, 2002
3. Cause (1350-55)
a. Kinds
i. Onerous
ii. Remuneratory
iii. Gratuitous
b. Distinguished from motive
i. Invalidity of the motive does not invalidate the cause
ii. When invalidity of the motive invalidates the cause
Uy v. CA, G.R. No. 120465, September 9, 1999
PNCC v. CA, G.R. No. 116896
Heirs of Balite v. Lim, G.R. No. 152168, December 10, 2004
Olegario v. CA, G.R. No. 104892, November 14, 1994
c. Want of cause (1352)
d. Statement of false cause (1353)
e. Presumed lawful cause (1354)
f. Inadequacy of cause (1355)
E. DEFECTIVE CONTRACTS
b. Kinds
i. Contracts with lesion
ii. Contracts in fraud of creditors
Presumption of fraud
Liability of acquirer
iii. Contracts referring to things under litigation
iv. Contracts subject to rescission by operation of law
v. Payment made when insolvent
c. Limitations on rescission
i. Subsidiary
ii. To extent of damage
d. Effect of Rescission
e. When rescission is improper
f. Prescription of action (1389)
b. Ratification
i. Effect
ii. Types
iii. By guardians
iv. Conformity not required
c. Who may institute action for annulment
i. Innocent parties
ii. Prejudiced strangers
d. Effect of annulment
i. Restoration
ii. When restoration not required or possible
3. Unenforceable Contracts
a. Types
i. Unauthorized contracts
ii. Contracts infringing statute of frauds
(a) Application
Executory contracts
Perfected contracts
Actions for specific performance or breach of contract
(b) Requirement
(c) Effect or purpose of requirement
(d) Consequence of non-compliance
(e) Types of transaction
Performance not within a year
Special promise to answer for the debt, default or
miscarriage of another
Contracts made in consideration of marriage, other than
a mutual promise to marry
Contracts for the sale of goods, chattels or things in
action
Contracts of lease for more than one year, or for the sale
of real property or of an interest therein
Representation as to the credit of a third person
(f) Ratification
iii. Contracts where both parties are incapable of giving consent
b. No Ratification or Waiver
c. When divisible
d. The in pari delicto doctrine
e. Recovery
i. When illegal and a crime
ii. When unlawful/forbidden but not a crime
iii. When validity repudiated
iv. When one party is incapacitated
v. When contract is not illegal per se but merely prohibited
vi. Of usurious interest
vii. Of overprice
viii. When contract violates labor laws
ix. Defense of illegality not available to third persons
x. No prescription
F. QUASI-CONTRACTS (2142-2175)
1. Concept
a. Basis
b. Distinguished from contracts
c. Distinguished from acts pursuant to contract
d. Distinguished from constructive trust
2. Kinds
a. Negotiorum gestio (2144-53)
b. Solutio indebiti (2154-63)
3. Other quasi-contracts
a. Support given by stranger or third person
b. Funeral expenses borne by third person
c. Medical services
d. Saved property
e. Government performs necessary work
4. Other provisions