F. 1.
The delivery of something or anything
It must be licit and within
the commerce of men.
F. Contract 2.
F. Not liable to pay 3.
(under 2167, yung
mother-in-law general
rule)
T 4.
F. Obliged is the general 5.
rule under 2144. (EXC:
This juridical relation
does not arise in either
of these instances:
(1) When the property or
business is not
neglected or abandoned;
(2) If in fact the manager
has been tacitly
authorized by the owner.)
T 6.
F. Civil lang. Natural 7.
obligation there is a
juridical tie and may
legal effect if voluntarily
fulfilled. Sa moral, wala.
T 8.
T
9. A civil obligation arises when a minor
F. Civil obligation. 10. A natural obligation arises when debtor
Art. 1243. Payment made
to the creditor by the
debtor after the latter has
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been judicially ordered
may be the prestation of a valid
obligation.
The source of obligation of a school for
injuries suffered by a student who was
mauled inside the campus by a
stranger is quasi-delict.
A son-in-law who brings his mother-in-
law to a hospital for treatment shall be
liable under the law to pay for the
hospital bills.
An obligation based on quasi-delict
may arise from the performance of a
contract.
The officious manager in negorotium
gestio has no obligation to the owner if
he acts in good faith.
A moral obligation is also referred to as
an imperfect obligation because it has
no legal consequence.
Civil and moral obligations may
become natural obligations.
A civil obligation that lapsed by
extinctive prescription ipso facto
becomes a natural obligation.
who has entered into a contract w/o the
consent of parent/guardian voluntarily
pays a sum of money in fulfillment of
the obligation and obligee has spent it
in gf.
pays the creditor after a judicial order
for debtor to retain the debt.
to retain the debt shall
not be valid
T 11. The obligation arising from a contract of
loan is unilateral.
T. 12. It is essential in bilateral reciprocal
obligations that both arise from the
same source.
F. Not cyclic 13. An obligation arising from a contract of
commodatum is an example of cyclic
obligation.
T. 14. A divisible obligation is susceptible of
partial performance.
F. Integrity of obligation. 15. Identity of obligation requires that the
performance must be complete.
F. Specific lang. 16. In obligations to give specific/generic
things, the obligor must perform in GF
the principal and all accessory
obligations.
T 17. As a general rule, an obligation to do
may be performed by another at the
debtor's expense.
T 18. There is no legal accessory obligation
in an obligation not to do.
F. 19. An obligation not to do can be
performed by a delegate.
F. Action may be filed 20. Any action for a breach of an obligation
based on the principle of is premature if there is no actual breach
anticipatory breach as upon the expiration of the prescribed
enunciated in the case of period for performance.
Blossom and Co. vs
Manila Gas Corp.
F. Recovery of damages 21. Fraud in the performance of contractual
obligation may result to an annulment
of the contract.
F. Annulment of contract
22. Fraud in the performance of an
is only a remedy in dolo obligation and deceit in celebration of a
incidente (one contract are similar in the sense that an
committed in the action for annulment is a common
performance of an remedy.
obligation).
F. Prohibition only refers 23. A cause of action based on fraud
to future fraud. committed in the execution of an
obligation cannot be waived.
F. Only positive 24. There could be delay in the
obligation. performance of a negative obligation.
1
 effective upon lapse of the time
T 25. There is no delay in the performance of indicated or when it becomes evident
alternative obligations. the event cannot occur.
F. 26. In an obligation not to do, there could T. 37. The loss of the thing due pending the
be specific performance. happening of a suspensive condition
will give the creditor the right to rescind
T 27. An unpaid seller may avail of w/ damages.
extrajudicial remedies for breach of F. Unless deterioration is
buyer's obligations.
38. The detoriation of the thing due
due to the fault of the pending the happening of a suspensive
T 28. Mechanical defects of a vehicle and tire debtor.
blowout are not fortuitous events. condition will give the creditor thte right
to rescind w/ damages.
F. Carnapping per se 29. Carnapping per se is a fortuitous event.
does not foreclose the F. 39. A single breach is sufficient for the
rescission of an installment sale of a
possibility of negligence
on the part of the owner movable.
or possessor of the car T. 40. A single breach is not sufficient for the
(Sicam vs Jorge, 2007 rescission of the installment sale of an
case) immovable.
F. The obligation was T. 41. Rescission under 1191 applies only to
30. If debtor promised to deliver a big reciprocal obligations.
generic. carabao to creditor/agent, the death of T. 42. Rescission under 1191 may be refused
debtor's 1 and only big carabao in a by the court.
flood extinguished his obligation. F. A period is a day 43. A period may refer to a past unknown
T 31. The unreasonable suspension of a certain and must event because even if unknown, it
bank's operations by CB may be a necessarily come, already happened.
Government prohibition fortuitous event to excuse the bank although it may not know
is a fortuitous event. from performing its obligation to a when. ( par 3, Art 1193)
depositor. T. 44. The creditor may reject advance
F. 32. An impossible condition shall not affect payment in an obligation w/ a period.
the validity of an onerous or gratuitous T. 45. There is no retroactivity in an obligation
It shall affect. obligation. subject to a resolutory condition.
T. 33. The imposition of a potestative F. Under Art 1200 The 46. If the debtor in an alternative obligation
resolutory condition will not affect the right to choose belongs does not choose, the creditor may
validity of the obligation. to the debtor unless choose the prestation to be delivered.
F. Under Art 1188, the expressly granted to the
34. Pending the happening of a suspensive creditor.
creditor may, before the condition, the creditor could not avail of
fulfillment of the T. 47. In an alternative obligation, the election
any action against the debtor. becomes operative only when
condition, may bring
appropriate actions for communicated to the other party.
the preservation of his F. The creditor may 48. If by the debtor's fault all alternative
rights. demand the value of any prestations were lost, the creditor may
T object lost BUT not if the
35. The debtor may recover what he pays
first object was lost
demand the value of any object lose
voluntarily before fulfillment of the even if the first object was lost through
through fortuitous event. a fortuitous event.
condition.
F. The obligation will be 36. In case of a positive suspensive F. Art. 1245 Dacion is 49. The rules applicable to facultative
extinguished. condition, the obligation becomes governed by law on obligations are the asme as the rules

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 sales. (p. 246 Jurado on dation in payment. it is not in the province amend the agreement where the same
Oblicon. of the court to alter a contravents law, morals, good customs,
In facultative, right of contract by construction public order or policy.
choice pertains to or to make a new
debtor. In dacion, contract for the parties.
consent of creditor is Its duty is confined to
needed. the interpretation of the
F. In facultative 50. The choice to substitute in a facultative one which they have
obligations, the right of obligation may be given to the creditor. made for themselves
choice pertains only to without regard to its
the debtor. It is in wisdom or folly as the
alternative obligations court cannot supply
where the right of choice material stipulations or
may pertain to the read into the contract
creditor or a third words which it does not
person. contain. (p. 812 Jurado
F. 51. In a solidary obligation, there is mutual Reviewer)
agency among debtors. T. 60. Robbery may be considered a
T. 52. An obligation is a juridical necessity to fortuitous event.
do or not to do, to give or not to give. F. In Tan Chiong case,
T.
61. When the negligence of a person
53. Obligations arising from valid, voidable when the negligence of concurs w/ the act of God in producing
and rescissible contracts have the force the carrier concurs with a losee, such person is exempt from
of law between the contracting parties an act of God producing liability by showing that the immediate
and should be complied w/ in GF. loss, the carrier is not cause of damage was the act of God.
F. Art. 1423 54. Exceptionally, natural obligations can exempted from liability
by showing the
be enforced by court action to prevent
immediate cause of the
unjust enrichment.
damage was the act of
F. Art. 1423. Natural 55. Civil obligations derive their binding
God. When the loss is
obligations are based on force from positive law, while natural
caused by the act of
equity and natural law from divine law.
God, if the negligence of
F. 56. A driver of a car, who was not able to the carrier mingles with
control the car due to negligent act of it as an active and
truck driver in encroaching upon his cooperative cause, he is
lane is liable for damages for injuries still liable (p. 89 Jurado
suffered by the passengers of a Oblicon). To constitute a
jeepney it hit. fortuitous event that
F. 57. In order that demand may not be would exempt a person
necessary, it is required that the from responsibility, it is
obligation or the law expressly states necessary: that xxx (4)
the demand shall not be necessary. the obligor (debtor) must
F. Art. 1174 provides, 58. 1174 exempts an obligor from liability be free of participation
also, those though on account of fortuitious events or force in, or aggravation of the
foreseen but are majeure, refers only to unforseeable injury to the creditor.
inevitable. events. F. Dolo incidente refers 62. Dolo incidente or incidental fraud must
F. Under Cuizon vs. CA, 59. A court can stipulate for the parties or to deceptions not be serious and w/o which the other

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 serious in character and
without which the other
party would still have
entered into the contract.
T 63. One
F. Not liable for the
‘entire’ loss. Article 1739.
In order that the common
carrier may be exempted
from responsibility, the
natural disaster must
have been the proximate
and only cause of the
loss. However, the
common carrier must
exercise due diligence to
prevent or minimize loss
before, during and after
the occurrence of flood,
storm or other natural
disaster in order that the
common carrier may be
exempted from liability
for the loss, destruction,
or deterioration of the
goods. The same duty is
incumbent upon the
common carrier in case
of an act of the public
enemy referred to in
article 1734, No. 2.
Article 1741. If the
shipper or owner merely
contributed to the loss,
destruction or
deterioration of the
goods, the proximate
cause thereof being the
negligence of the
common carrier, the
party would still have entered the
contract.
who negligently creates a
dangerous condition cannot escape
liability for the natural and probable
consequences thereof, although the act
of a 3rd person, or an act of God for
which he is not responsible intervenes
to precipitate hte loss.
64. Where a natural disaster is hte only
and proximate cause of a loss, the
failure of a common carrier to exercise
due diligence to minimize loss before
during, and after the occurence of a
natural disaster, shall make it liable for
the entire loss.
latter shall be liable in
damages, which
however, shall be
equitably reduced.
F. Art. 1176 provides 65. The receipt of the principal by the
“shall give rise to the creditor, w/o reservation w/ respect to
presumption”. Not the interest, shall give rise to a
“conclusive conclusive presumption that said
presumption.” There interest has been paid.
only arises a disputable
presumption. (p. 102
Jurado Oblicon)
T 66. The person using violence or causing
fear to make another perform a criminal
act, shall be primarily liable for the civil
obligation arising therefrom.
F. Art. 1166. Obligation 67. The obligation to give a determinate
to give a determinate thing includes that of delivering all the
thing includes that of accessions and accessories only if they
delivering all its have been mentioned.
accessions and
accessories, even
though they may not
have been mentioned.
F. Art. 1182. When the 68. When the fulfilment of the condition
fulfilment of the depends on the sole will of debtor or
condition depends upon creditor, obligation shall be void.
the sole will of the
debtor, the conditional
obligation shall be void.
T. 69. Before the resolutory condition
happens, the party who has a right is
practically in the same position as one
who has an obligation subject to
suspensive condition.
T 70. If the improvement was at the expense
of the debtor, he shall have the same
rights as a usufructuary.
F. The student is in 71. For purposes of liability, the school
custody of the school exercises custody over a minor student
authorities as long as he doing his assignment at Starbucks.
is under the control and
influence of the school
and within its premises
(Amadora vs. CA); They
are at attendance in the

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 school, including recess
time.
F. Art. 1163. Every person
obliged to give
something is also
obliged to take care of it
with the proper diligence
of a good father of a
family, unless the law or
the stipulation of the
parties requires another
standard of care.
Art. 1173 (2nd par) If the
law or contract does not
state the diligence which
is to be observed in the
performance, that which
is expected of a good
father of a family shall be
required.
F. Art. 1169. Those
obliged to deliver or to
do something incur in
delay from the time the
obligee judicially or
extrajudicially demands
from them the fulfilment
of their obligation.
F.
In obligation to do, no
specific performance.
T.
T 76. A donation made to 3rd party a year
F. Fortuitous event is an
event which could not be
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foreseen or which river is a fortuitous event.
though foreseen, were
72. A travel agency must observe EO inevitable. It does not fall
diligence in performing its obligation to within the meaning of
process travel docs. FC.
T 78. Throwing of stones by mischievous
boys which broke the windshield of a
taxi causing it to turn turtle is a valid
defense against liability of injuroes
suffered by a passenger.
T 79. The standard precautionary release of
waters of a dam to avoid spillover is a
valid defense against flood damage
claims.
Enumeration:
 Instances when a debtor is liable notwithstanding a fortuitous event
1. Expressly declared by law
2. Obligor or debtor delays
3. O/D promised to the same thing to 2 or more persons who do not have the
same interest
4. Obligor is at fault
5. Stipulation or agreement that the obligor will not be excused even if the cause
73. There is no delay when a lessee, who is fortuitous event
failed to pay his monthly rent for 10 6. Assumption of risk
mos, pays immediately upon demand. 7. Generic thing to be delivered
 Requisites of mora solvendi.
1. Positive obligation
2. Demandable and liquidated obligation
3. Delay by obligor for reasons imputable to him
4. Demand extra or judicial
74. A property owner may file an action for  Instances when consignation may be made without tender
1. Creditor to whom tender of payment has been made refuses without just cause
specific performance against a to accept it
contractor who fails to commence 2. Creditor is absent or unknown, or does not appear at the place of payment;
construction within a reasonable period 3. Creditor is incapacitated to receive the payment at the time it is due;
of time after signing of the contract 4. Creditor refuses to give a receipt, without just cause
even if no specific period was agreed 5. 2 or more persons claim the same right to collect;
upon. 6. Title of the obligation has been lost.
75. If time is of the essence, the creditor  Requisites of payment by cession.
may rescind the obligation even if the 1. 2 or more debts
debtor is ready to perform a day after 2. 2 or more creditors
the designated period. 3. 1 insolvent debtor
4. Abandonment by debtor of his properties in favor of creditors
5. Acceptance of creditors
before the obligation of debtor to
 Instances when penalty can be equitably reduced (7)
creditor was established cannot be o Partial performance or irregular performance
rescinded. o Iniquitous or unconscionable penalty agreed upon
77. A collision of a barge w/ a bridge  Instances when law provides a direct action against the debtor's debtor (4)
support of Ayala bridge along Pasig (Requisites of subrogatory ba to?)
5
 o Creditor has a right of credit against the debtor although not yet liquidated
o Due and demandable credit
o Failure of debtor to collect from 3rd persons or debtor of debtor
o Insufficient assets of debtor
o Rights and actions are not purely personal
 Distinction between rescission of contracts in fraud of creditor
and rescission/resolution under art 1191 (6)
Resolution 1191 Rescission 1380
Valid and existing contracts Same
1 party to the contract demands Party suffering lesion or 3rd party
prejudiced demand
Non performance is a ground Equity grounds
Court determines sufficiency o Sufficiency of reason does not affect
reason to justify extension of time to right to ask for rescission
perform obligation
Reciprocal obligations Unilateral or reciprocal
Principal remedy Subsidiary remedy
 Requisites of application of rule on fortuitous events (4)
1. Independent of the human will or at least of debtor’s will
2. Unforeseen or if foreseen, is inevitable
3. Impossible for debtor to comply w/ his obligation in a normal manner
4. Free from any participation in or aggravation or, the injury to the creditor or no
concurrent negligence on his part↓

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