Chapter 1 – Introduction to Law and Obligations
Identification
1)      Law – in general, it means rule of action or any system of
uniformity.
2)      Divine Law – the law of religion and faith which concerns itself
with the concept of sin and salvation. It is given through direct
revelation by God.
3)      Natural law – it is the inward instinct of justice, fairness and
righteousness in man as inspired by his higher nature.
4)      Moral law – totality of the norms of good and right conduct
growing out of the collective sense of right and wrong of every
community.
5)      Physical law – uniformities of actions and orders of sequence
which are the physical phenomena that we sense and feel.
6)      State law – law that is promulgated and enforced by the state.
It is also called positive law, municipal law, civil law or imperative
law.
7)      Law – in general sense, it is the mass of obligatory rules
established for the purpose of governing the relations of persons in
society.
8)      Rule of conduct – law tells us what shall be done and what shall
not be done.
9)      Obligatory – law is a positive command imposing a duty to
obey and involving a sanction which forces obedience.
10)   Congress – name of the legislative branch of our government.
11)   Constitution – the written instrument, by which the
fundamental powers of the government are established, limited and
defined and by which these powers are distributed among the
several departments for their safe and useful exercise for the benefit
of the people. Also called fundamental law, supreme law or highest
law of the land.
12)   Legislation – it consists in the declaration of legal rules by a
competent authority.
13)   Enacted law or statute law – acts passed by the legislature.
14)   Administrative rules and regulations- are intended to clarify or
explain the law and carry into effect its general provisions.
15)   Judicial decisions or jurisprudence – the decisions of the courts
(Supreme Court) applying or interpreting the laws or the
Constitution form part of the legal system of the Philippines.
16)   Doctrine of Precedent or Stare Decisis – The decisions of a
superior court on a point of law are binding on all subordinate
courts.
17)   Custom – it consists of those habits and practices which
through long and uninterrupted usage have become acknowledged
and approved by society as binding rules of conduct.
18)   Remedial – if the object is the indemnification of the person
who has suffered damages or injury from a violation.
19)   Penal – if the object is the punishment of the violator.
20)   Due process – procedures before the law operates against an
individual.
21)   Substantive law – that portion of the body of law creating and
defining rights and duties.
22)   Adjective law – that portion of the body of law prescribing the
manner or procedure by which rights may be enforced or their
violations redressed. Sometimes called remedial law or procedural
law.
23)   Public law – body of legal rules which regulates the rights and
duties arising from the relationship of the state to the people.
24)   Criminal law – the law which defines crimes and provides for
their punishment.
25)   International law – law which governs the relations among
nations or states.
26)   Constitutional law – which governs the relations between the
state and its citizens
27)   Administrative law – which governs the methods by which the
functions of administrative authorities are to be performed.
28)   Criminal procedure – or that branch of private law which
governs the methods of trial and punishment in criminal cases.
29)   Private law – the body of rules which regulates the relations of
individuals with one another for purely private ends.
30)   Civil Procedure – that branch of private law which provides for
the means by which private rights may be enforced.
31)   Law of obligations and contracts – the body of rules which deals
with the nature and sources of obligations and the rights and duties
arising from agreements and the particular contracts.
32)   Republic act no. 386 – otherwise known as Civil Code of the
Philippines. Important dates: December 7, 1889; June 18, 1949;
August 30, 1950.
33)   Obligation – is a juridical necessity to give, to do or not to do. It
is derived from the Latin word obligation which means tying or
binding. It is a tie or bond recognized by law by virtue of which one
is bound in favor of another to render something – and this may
consist in giving a thing, doing a certain act, or not doing a certain
act.
34)   Juridical necessity – in case of non compliance, the courts of
justice may be called upon to enforce its fulfillment or, in default
thereof, the economic value that it represents.
35)   Damages – This represents the sum of money given as a
compensation for the injury or harm suffered by the creditor or
obligee (he who has the right to the performance of the obligation)
for the violation of his rights.
36)   Civil obligations – obligations which give to the creditor or
obligee a right under the law to compel their performance.
37)   Natural Obligations – based on equity and natural law. It does
not grant a right of action to enforce their performance although in
case of voluntary fulfillment by the debtor, the latter may not
recover what has been delivered or rendered by reason thereof.
38)   Passive subject – (debtor or obligor) the person who is bound
to the fulfillment of the obligation; he who has a duty.
39)   Active subject – (creditor or obligee) the person who is entitled
to demand the fulfillment of the obligation; he who has a right.
40)   Object or prestation – (subject matter of the obligation) the
conduct which must be observed by the debtor.
41)   Juridical or legal tie – (also called efficient cause) that which
binds or connects the parties to the obligation.
42)   Obligation – is the act or performance which the law will
enforce.
43)   Right – is the power which a person has to demand from
another any prestation.
44)   Wrong – (cause of action) according to its legal meaning, is an
act or omission of one party in violation of the right of another. Also
called injury.
45)   Real obligation – (obligation to give) is that in which the subject
matter is a thing which the obligor must deliver to the obligee.
46)   Personal obligation – (obligation to do or not to do) is that in
which the subject matter is an act to be done or not to be done.
47)   Positive personal obligation – obligation to do or to render
service.
48)   Negative personal obligation – is obligation not to do (which
naturally includes obligations “not to give”)
49)   Law – when they are imposed by law itself.
50)   Contracts – when they arise from the stipulation of the parties.
51)   Quasi-contracts – when they arise from lawful, unilateral and
voluntary acts which are enforceable to the end that no one shall be
unjustly enriched or benefited at the expense of another.
52)   Crimes or delicts – when they arise from civil liability which is
the consequence of a criminal offense.
53)   Quasi-delicts or torts – when they arise from damage caused to
another through an act or omission, there being fault or negligence,
but no contractual relation exists between the parties.
54)   Contract – is a meeting of minds between two persons whereby
one binds himself, with respect to the other, to give something or to
render some service.
55)   Compliance in good faith – means compliance in accordance
with the stipulations or terms of the contract or agreement.
Sincerity and honesty must be observed to prevent one party from
taking unfair advantage over the other.
56)   Negotiorum gestio – is the voluntary management of the
property or affairs of another without the knowledge or consent of
the latter.
57)   Solutio indebiti – is the juridical relation which is created when
something is received when there is no right to demand it and it was
unduly delivered through mistake.
Chapter 2 – Nature and Effect of Obligations
58)   Specific or determinate thing – when it is particular designated
or physically segregated from all others of the same class.
59)   Generic or indeterminate thing – when it refers only to a class
or genus and cannot be pointed out with particularity.
60)   Diligence of a good father of a family – has been equated with
ordinary care or that diligence which an average person exercises
over his own property.
61)   Natural Fruits – are the spontaneous products of the soil, and
the young and other products of animals.
62)   Industrial fruits – are those produced by lands of any kind
through cultivation or labor.
63)   Civil fruits – are those derived by virtue of a juridical relation.
64)   Personal right – is the right or power of a person (creditor) to
demand from another (debtor), as a definite passive subject, the
fulfillment of the latter’s obligation.
65)   Real right – is the right or interest of a person over a specific
thing (like ownership, possession, mortgage, and lease) without a
definite passive subject against whom the right may be personally
enforced.
66)   Accessories – are the fruits of a thing or additions to or
improvements upon a thing (the principal).
67)   Accessions – are things joined to or included with the principal
thing for the latter’s embellishment, better use, or completion.
68)   Ordinary delay – is merely the failure to perform an obligation
on time.
69)   Legal delay or default – is the failure to perform an obligation
on time which failure constitutes a breach of the obligation.
70)   Mora solvendi – the delay on the part of the debtor to fulfill his
obligation (to give or to do)
71)   Mora accipiendi – the delay on the part of the creditor to
accept performance of the obligation.
72)   Compensatio Morae – or the delay of the obligors in reciprocal
obligations (like in sale).
73)   Fraud (deceit or dolo) – it is the deliberate or intentional
evasion of the normal fulfillment of an obligation. It is synonymous
to bad faith.
74)   Incidental fraud (dolo incidente) – committed in the
performance of an obligation already existing because of contract.
75)   Causal fraud (dolo causante) – fraud employed in the execution
of a contract, which vitiates consent.
76)   Negligence (fault or culpa) – it is any voluntary act or omission,
there being no malice, which prevents the normal fulfillment of an
obligation.
77)   Contravention of the terms of the obligation – this is the
violation of the terms and conditions stipulated in the obligation.
78)   Contractual negligence (culpa contractual) – negligence in
contracts resulting in their breach.
79)   Civil negligence (culpa aquiliana) – negligence which by itself is
the source of an obligation between the parties not so related
before by any pre-existing contract. It is also called tort or quasi-
delict.
80)   Criminal negligence (culpa criminal) – negligence resulting in
the commission of a crime.
81)   Fortuitous event – is any event which cannot be foreseen, or
which, though foreseen, is inevitable.
82)   Acts of man – strictly speaking, fortuitous event is an event
independent of the will of the obligor but not of other human wills.
Examples: war, fire, robbery, murder, insurrection.
83)   Acts of Nature – force majeure are those events which are
totally independent of the will of every human being. Examples:
earthquake, shipwreck, lightning, eruption of volcano.
84)   Ordinary fortuitous events – or those events which are
common and which the contracting parties could reasonably
foresee.
85)   Extra-ordinary fortuitous events – those events which are
uncommon and which the contracting parties could not have
reasonably foreseen.
86)   Simple loan or mutuum – is a contract whereby one of the
parties delivers to money or other consumable thing, upon the
condition that the same amount of the same kind and quality shall
be paid.
87)   Usury – is contracting for or receiving interest in excess of the
amount allowed by law for the loan or use of money, goods, chattels
or credits.
88)   Presumption – is meant the inference of a fact not actually
known arising from its usual connection with another which is
known.
89)   Conclusive presumption – one which cannot be contradicted
like the presumption that everyone is conclusively presumed to
know the law.
90)   Disputable presumption – one which can be contradicted or
rebutted by presenting proof to the contrary.
Chapter 1 and Introduction to Law
1)      General Divisions/Kinds of Law
·         State Law
·         Non-state Law
2)      Types of Non-state Law
·         Divine Law
·         Natural Law
·         Moral Law
·         Physical Law
3)      Concepts of State Law
·         General or abstract sense
·         Specific or material sense
4)      Characteristics of Law
·         It is a rule of conduct
·         It is obligatory
·         It is promulgated by legitimate authority
·         It is of common observance and benefit
 12)   Other Sources of Law
5)      What does law do? ·         Foreign Decisions/Jurisprudence
·         Secures Justice ·         Religion
·         Resolves social conflict ·         Treaties
·         Orders society ·         Textwriters’ opinion
·         Protects interests ·         Principles of Justice and equity
·         Controls social relations
13)   General Principles in Law
6)      Sources of Law ·         Ignorance of the law excuses no one from
·         Constitution complying it.
·         Legislation ·         An act or omission is presumed legal unless
·         Administrative or executive orders, regulations and prohibited.
Rulings. ·         No law can be passed declaring an act to be
·         Judicial decisions or jurisprudence illegal which at the time of commission is
·         Custom legal. (Ex-post facto law)
·         Other Sources ·         A person is presumed to be innocent unless
proven guilty.
7)      Law compared to social means of control ·         Any prohibition or proscription should
·         Laws are administered by the institutions in society emanate from an existing law.
authorized to act in behalf of the entire citizenry.
·         Only the legal institutions can make rules that the whole 14)   Special Courts
Citizenry must comply. ·         Anti-graft court
·         People cannot disobey the rules except if they leave the ·         Sandiganbayan
Geographical area by which the state is sovereign. ·         Family Court
·         Sanctions are more varied and complex in state law. ·         Anti-drug Court
·         Before the law operates against an individual, various
procedural steps are required.

15)   Examples of Public Law

8)      Organization of Courts ·         Criminal Law
·         Supreme Court ·         International Law
·         Court of Appeals ·         Constitutional law
·         Regional Trial Court ·         Administrative law
·         Metropolitan Trial Court
16)   Nature of Obligations
9)      Classifications of Law ·         Civil obligations
According to purpose ·         Natural obligations
·         Substantive Law
·         Adjective Law 17)   Requisites of an Obligation
According to subject matter ·         Passive Subject
·         Public Law ·         Active Subject
·         Private Law ·         Object or Prestation
·         Juridical or legal tie
10)   3 Branches of the Government
·         Legislative Branch 18)   Requisites of Legal Wrong
·         Executive Branch ·         A right in favor of a person
·         Judiciary Branch ·         Correlative obligation on the part of
Another.
11)   Process of Promulgating Law ·         An act or omission in violation of said right.
·         Resolution 19)   Kinds of Obligation according to subject matter
·         Bill ·         Real obligation
·         Law ·         Personal obligation (positive and negative)
20)   Sources of Obligation
·         Law
·         Contracts
·         Quasi-contracts
·         Crimes or Delicts
·         Quasi-delicts or torts Non-fulfillment or breach

21)   General Principles of Contract 30)   Kinds of diligence

·         Autonomy or freedom to contract ·         Ordinary diligence
·         Mutuality of Contract ·         Extra-ordinary diligence
·         Relativity of Contract ·         Contractual diligence

22)   Classification of sources of obligation 31)   Duties of debtor in obligation to deliver a generic

·         Those emanating from law thing
·         Those emanating from private acts (licit and illicit) ·         Deliver a thing which is of the quality
intended by the parties
23)   Examples of Special Laws ·         To be liable for damages in case of fraud,
·         Corporation Code negligence, delay or contravention of the
·         Negotiable instruments law tenor thereof
·         Insurance code
·         National internal revenue code 32)   Different kinds of Fruits
·         Revised penal code ·         Natural Fruit
·         Labor code ·         Industrial Fruit
·         Civil Fruit

24)   Kinds of Quasi-contracts 33)   When obligation to deliver arises

·         Negotiorum Gestio
·         Solutio Indebiti
25)   Requisites of Solutio Indebiti
·         There is no right to receive the thing delivered
·         It was delivered through mistake
26)   Scope of Civil Liability
·         Restitution
·         Reparation for damage caused
·         Indemnification for consequential damages
27)   Kinds of Damages
·         Actual Damage
·         Moral Damage
·         Exemplary Damages
28)   Requisites of Quasi-delict
·         There must be an act or omission
·         There must be fault or negligence
·         There must be damage caused
·         There must be a direct relation of cause and
effect between the act and the damage
·         There is no pre-existing contractual relation
between the parties
Chapter 2 Nature and Effect  of Obligations
·         At the time of perfection of the contract
·         In case of suspensive condition, at the time
of fulfillment of the condition
·         In a contract of sale, at the time of
perfection of the contract regardless of
suspensive condition as long as the price
has been paid
·         In obligation to give arising from law,
contracts, quasi-contracts, delicts and
quasi-delicts, the time of performance is
determined by the specific provisions of the
law applicable
34)   Kinds of Right
·         Personal Right
·         Real Right
35)   Remedies of creditor in Real Obligation
In a specific real obligation
·         Demand fulfillment of the obligation with a right
to indemnity for damages
·         Demand rescission or cancellation of the obligation also with a
right to recover damages
·         Demand payment of damages only
In a generic real obligation
·         Ask for the performance of obligation
·         Ask for another person to fulfill the obligation at the expense
of the debtor

36)   Remedies of creditor in Positive Personal Obligation

29)   Duties of debtor in obligation to give determinate
thing
·         Preserve the thing
·         Deliver the fruits of the thing
·         Deliver the accession and accessories
·         Deliver the thing itself
·         Answer for damages in case of
If the debtor fails to comply
·         To have the obligation performed by himself or by another at
the debtor’s expense
·         To recover damages
In case of contravention of the terms or poorly done
·         Order for the thing to be undone if it is still possible
·         To have the obligation performed by a third person at the ·         Delay (mora)
debtor’s expense ·         Contravention of tenor

37)   Remedies of creditor in Negative Personal Obligation 44)   Kinds of Negligence according to source of obligation
·         Undoing of the forbidden thing plus damages ·         Contractual Negligence (culpa contractual
·         If it cannot be undone, the remedy is an action for damages ·         Civil Negligence (culpa aquiliana)
caused by the debtor’s violation of his obligation ·         Criminal Negligence (culpa criminal)

38)   Meaning of Delay 45)   Validity of waiver of action arising from negligence

·         Ordinary Delay ·         An action for future negligence may be renounced except
·         Legal Delay where the nature of the obligation requires the exercised of extra-
ordinary diligence
39)   Kinds of Delay or default ·         Where the negligence shows bad faith, it is considered
·         Mora Solvendi equivalent to fraud and thus, any waiver of this kind is void
·         Mora Accipiendi
·         Compensatio Morae
46)   Effect of negligence on the injured party
·         When the plaintiff’s own negligence was the sole cause of his
40)   Requisites of delay in mora solvendi injury, he cannot recover damages
·         Failure to perform the obligation on the ·         If the plaintiff’s negligence is only contributory, he may still
date agreed upon recover damages
·         Demand made by creditor upon the debtor
to comply with his obligation, whether it is 47)   Factors to be considered in Negligence
judicial or extra-judicial demand ·         Nature of the obligation
·         Failure to comply with such demand ·         Circumstances of the person
·         Circumstances of time
41)   Effects of Delay ·         Circumstances of the place
In Mora Solvendi
·         The debtor is guilty of breach of the 48)   Measure of liability
obligation ·         Damages but acted in good faith is only
·         He is liable for interest or damages liable for the natural and probable
·         He is liable even for a fortuitous event consequence of the breach
In Mora Accipiendi ·         Damages but acted in bad faith is liable
·         The creditor is guilty of breach of for all consequential damages
obligation
·         He is liable for damages 49)   Fortuitous event vs. Force Majeure
·         He bears the risk of loss of the thing due ·         Acts of Man – war, fire, robbery, murder
·         The debtor is not liable for interest from ·         Acts of God – earthquake, flood
the time of creditor’s delay
·         The debtor may release himself from the 50)   Kinds of Fortuitous Events
obligation by the consignation or deposit in ·         Ordinary fortuitous events
court of the thing or sum due. ·         Extra-ordinary fortuitous events
In Compensatio Morae
·         The delay of the obligor cancels the delay of the obligee and
vice versa. 51)   Requisites of a Fortuitous Event
·         The event must be independent of the
42)   When demand is not necessary to put debtor in delay human will or at least of the debtor’s will
·         When the obligation so provides ·         The event could not be foreseen, or if
·         When the law so provides foreseen, is inevitable
·         When time is of the essence ·         The event causes the prevention of
·         When demand would be useless fulfillment of the normal obligation
·         When the other party is ready to comply in reciprocal ·         There is no concurrent negligence on the
obligation part of the debtor in this event

43)   Grounds for Liability 52)   Rules as to liability in case of fortuitous event

·         Fraud (deceit or dolo) ·         When expressly specified by law
·         Negligence (fault or culpa) ·         The debtor is guilty of fraud,
negligence, delay or contravention
of the tenor of the obligation
·         The debtor has promised to deliver
the same thing to two or more
persons who do not have the same
interest
·         The obligation to deliver a specific
thing arises from a crime
·         The thing to be delivered is generic
·         When declared by stipulation
·         When the nature of the obligation requires
the assumption of risk

53)   Requisites for recovery of interest

·         The payment of interest must be expressly stipulated
·         The agreement must be in writing
·         The interest must be lawful

54)   Kinds of Presumption Chapter 3 – Different Kinds of Obligations

·         Conclusive Presumption Identification Reviewer
·         Disputable Presumption Section 1 – Pure and Conditional Obligation
1)      Article 1179. Every obligation which is not subject to a future
55)   When presumptions do not apply or uncertain, and with a past event which is unknown to the parties,
·         With reservation as the interest is demandable at once. Also, an obligation subject to a resolutory
·         Receipt without indication of particular installment paid condition shall also be demandable, without prejudice to the effects
·         Receipt for a part of the principal of the happening of the events.
·         Payment of taxes
·         Non-payment proven 2)      Pure obligation – is an obligation which is not subject to a
condition and there is no date specified with its fulfillment and is
56)   Remedies available to creditors for the satisfaction of their therefore, demandable.
claims
·         Exact fulfillment with the right to damages 3)      Conditional obligation – is an obligation which its
·         Pursue the leviable property of the debtor consequences are subject in one way or another to the fulfillment of
·         Exercise of all the rights and bring all the actions of the debtor a condition.
except those inherent in the person
·         Ask the court to rescind or impugn acts or contracts which the 4)      Condition – is a future AND uncertain event in which the
debtor may have done to defraud him effectivity or extinguishment of an obligation is subject to its
fulfillment. It may refer to a past event which is unknown to the
57)   Exceptions to the transmissibility of rights parties. It is important that the event is uncertain, otherwise it is
·         When prohibited by law considered as obligation with a period. However, the condition must
Ø  By the contract of partnership be possible.
Ø  By the contract of agency
Ø  By the contract of commodatum 5)      Suspensive condition – a condition in which its fulfillment will
give rise to an obligation. The demandability of the obligation is
·         When prohibited by stipulation subject to its fulfillment.

6)      Resolutory condition – a condition in which the fulfillment of it

will extinguish an existing obligation.

7)      Past event unknown to the parties – this term only refers to

the knowledge of a future event with regards to a past event which
makes it uncertain.

8)      Period – is a future and certain event in which the effectivity or

extinguishment of an obligation is subject to its fulfillment. It is as if
the debtor will fulfill the obligation when his means permit him to
do so. Also, it is a certain event although it may not be known when.
9)      Suspensive – the happening of which gives rise to an
obligation.
10)   Resolutory – the happening of which extinguishes an obligation.
11)   Express – the condition is clearly stated.
12)   Implied – the condition is merely inferred.
13)   Possible – the condition is capable of fulfillment, legally and
physically.
14)   Impossible – the condition is not capable of fulfillment, legally
and physically.
15)   Potestative – the condition is dependent upon the will of one of
the contracting parties.
16)   Casual – the condition is dependent upon chance or upon the
will of a third person.
17)   Mixed – the condition is dependent partly upon chance and
partly upon the will of a third person.
18)   Positive – the condition consists in the performance of an act.
19)   Negative – the condition consists in the omission of an act.
20)   Conjunctive – there are several conditions and all must be
fulfilled.
21)   Disjunctive – there are several conditions and one or two of
them must be fulfilled.
22)   Divisible – the condition is susceptible to partial performance.
23)   Indivisible – the condition must be performed as a whole.
24)   Physically impossible conditions – when they, in nature of
things, cannot be done or cannot exist. (Ex. Not rain in the
Philippines for one year)
25)   Legally impossible conditions – when it is contrary to law,
morals, good customs, public order and public policy. (Ex. Killing,
common-law-wife, slap, publicly advocate the overthrow of the
government and not appear as witness against the criminal)
26)   Physical loss – when the thing perishes as when the house is
burned and reduced to ashes.
27)   Legal loss – when the thing goes out of commerce or when it is
legal before and it becomes illegal.
28)   Civil loss – when the thing disappears as if its existence is
unknown or if known, it cannot be recovered, as a matter of fact or
of law.
29)   Usufruct – the right to enjoy the fruits of the thing belonging to
another.
30)   Applicability of Article 1189 in obligation to return – in a
resolutory condition, the fulfillment of the condition converts the
debtor into a creditor and creditor into a debtor. Hence, the rules on
loss, deterioration or improvement of the thing apply in the
obligation to return.
31)   Unilateral obligation – obligation in which only one party is
bound to comply with a prestation.
32)   Bilateral obligation – obligation in which both parties are bound
to give one another a prestation. This is a case in which both parties
are creditors and debtors of one another.
33)   Reciprocal obligation – obligation which arises from the same
cause and the performance of one party is dependent upon the
performance of another.
34)   Non-reciprocal obligations – are those which do not impose
simultaneous and correlative performance on both parties. The
performance of one party is not dependent upon the performance
of another.
35)   The courts may grant guilty party term for performance – if
there is a just cause to give the party in default time to perform his
obligation, the court may still approve it. This is applicable if the
debtor is willing to perform.
36)   Remedy is alternative – it is not cumulative, meaning once the
injured party decided to have the obligation performed, he can still
ask for rescission if the obligation is impossible to perform,
otherwise he could not choose both performance and rescission. If
the injured party chose rescission, he could not ask for the
performance of the obligation anymore.
37)   When expressly stipulated in contract, it is possible for both
parties to enter in a contract whereby they agree that in case of
breach or violation of the terms, the injured party may choose
rescission even without the intervention of the court.
38)   Where contract still executory – in an obligation where both
parties have not yet performed their obligations, however one party
is already willing and ready to perform and the other is not, he may
choose rescission even without the intervention of the court.
Section 2 – Obligations with a period
39)   Obligation with a period – is one whose consequences are
subjected in one way or another to the expiration of a period or
term.

40)   Suspensive period – an obligation arises upon the happening of

a certain event or period.

41)   Resolutory period – an obligation is extinguished upon the

happening of a certain event.

42)   Legal period – a period which is set or provided by law.

43)   Conventional or voluntary period – a period which is agreed by

the parties.

44)   Judicial period – a period fixed by the court.

45)   Definite period – a period/time known to the parties.

46)   Indefinite period – a period which is not known to the parties.

In this case, the court may be called upon to set the time of
fulfillment of the obligation.

47)   Recovery of the thing (payment before arrival of the period) –

the debtor may still recover the thing if it is delivered by mistake
prior to the fulfillment of a period. He carries the burden of proving
that he is unaware that the period has not yet arrived. However, if
the period has already arrived, the debtor cannot recover the
payment but he can still recover the interest from the premature
payment up to the date of the maturity of obligation.

48)   No recovery in case of personal obligation – you cannot recover

the service you have rendered, the same goes with a negative
obligation, you cannot recover what you have not done.
49)   Period for the benefit of both parties – it is presumed that the
period agreed by both parties benefits both of them or one of them.
Therefore, the debtor cannot be compelled to pay and creditor
cannot demand prior to the fulfillment of period unless otherwise
stipulated. However, it is rebuttable.
50)   Computation of term or period – when the laws speak of years,
months, days and nights, it should be understood as 365 days in a
year, 12 months and 30 days in a month, 24 hours in a day and night
is from sunset to sunrise. Also, in computing for a period, the last
day should be included while the first day excluded. Also, holidays
should be excluded. If months are designated by their name, the
number of days they respectively have should be computed.