REVIEWER:

General Provisions on Obligations Article 1156-1162 of the New Civil Code of

the Philippines

(ARTICLE 1156) an Obligation is a juridical necessity to give, to do, or not to do.

Obligation - from a latin word, "obligatio", means "tying or binding"

Judirical Necessity - the courts may compel the person who's obliged to deliver;
sanctions, punishment, or harmful consequences

CIVIL LIABILITIES
1)Restitution- to give it back
2) Reparation-to repair
3) Indemnification-pay the value of the thing

Nature of Obligations
1. Civil Obligation - obligation which give to the creditor or obligee right under the
law to enforce their performance in courts of justice (e.g. loan)
2. Natural Obligation - based on equity or natural law and do 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 he has delivered. (e.g. quasi contracts)

Essential Requisites of an Obligation - legitimacy of the obligation

1. Passive Subject - person who is bound to the fulfillment of the obligation
2. Active Subject - person who is entitled to demand the fulfillment of the
obligation
3. Object or Prestation - the conduct need to be observed by the debtor
4. Juridical or Legal Tie - efficient cause and source of obligation

Form of an Obligation - the matter in which an obligation is manifested or

incurred - it may be oral, writing, partly oral, and partly writing

Right - power to demand from another any prestation

Legal Wrong - an act or omission of a person in violation of the legal right of
another
Elements of a Legal Wrong or Injury:
1. legal right in favor of a person (plaintiff or creditor)
2. correlative legal obligation on the part of the debtor or defendant not to violate
the right
3. an act or omission in violation of the right which resulted into an injury or
damage

Two Kinds of Obligations According to Subject Matter:

1. Real Obligation - to give or deliver 2. personal obligation - to do (positive PO) or
not to do (negative PO)

(ARTICLE 1157) Obligations arise from law, contracts, quasi-contracts, acts or

omissions punished by law and quasi-delicts.

1) Obligations from law (e.g. to pay taxes, to support one's family)

2) Contracts (obligations arising from the stipulation of the parties,
agreement)
3) Quasi-Contracts (obligation arises from lawful, friendly, voluntary, or
unilateral acts; one shall be unjustly enriched at the expense of another;
covered by Article 2142 of the Civil Code)
Kinds of Quasi-Contracts (there is no consent but the law considers the
parties as having entered into a contract, although they have not actually
did so, and irrespective of their intention to prevent injustice)
1)Negotiorum Gestio-is the voluntary management of the property or
affairs of another without the knowledge or consent of the latter.
2)Solutio Indebiti-when something is received when there is no right to
demand it and it was unduly delivered through mistake.
4) Acts or Omissions Punishable by Law: crimes or delicts (obligation rises
from civil liability as a consequence for a criminal offense)
5) Quasi-delicts or torts (covered by 2176 of the Civil Code; obligation arises
to another through an act or omission they're being fault or negligence but
no contractual relation exist between the parties)

Civil Obligation is based on a positive law and gives right of action to compel their
performance, while Natural Obligation is based on natural law, but on equity and
moral justice. Hence, it is not enforceable by court action, but after voluntary
performance of the debtor, he can no longer recover what he has given.

Civil Obligation- can be enforced by court action

Natural Obligation- is not based on Positive Law

Now I Know:

Art. 1423. Obligations are civil or natural. Civil obligations give a right of action
to compel their performance. Natural obligations, not being based on positive law
but on equity and natural law, do not grant a right of action to enforce their
performance, but after voluntary fulfillment by the obligor, they authorize the
retention of what has been delivered or rendered by reason thereof. Some natural
obligations are set forth in the following articles.

Take note:Every person criminally liable for an act or omission is also civilly liable
for damages.

Compliance in Good Faith- means compliance or performance in accordance with

the terms of the contract or agreement.

Contract= there is a meeting of the minds or consent

Prescription=one acquires ownership and other real rights through the lapse of
time however, in the same way rights and actions are lost by prescription.
Bloom's Taxonomy was created by Dr Benjamin Bloom (1956)

-He aimed to promote higher forms of thinking in education rather than just
remembering facts.

3 DOMAINS (Knowledge, Skills, Attitude)

•COGNITIVE= mental skills (KNOWLEDGE)

•AFFECTIVE= growth in feelings or emotional areas (ATTITUDE OR SELF)

•PSYCHOMOTOR= manual or physical skills (SKILLS)

*This taxonomy of learning aims the learner to acquire new skills, knowledge or
attitude.

A.K.A = The Goal of Learning Process

COGNITIVE DOMAIN= involves knowledge and the development of Intellectual

skills.

Examples: recognition of specific facts, recalling, procedural patterns.

TABLE OF THE COGNITIVE DOMAIN (Degree of Difficulties)

Take note: First one must be mastered before the next ones can take place !!

1) Knowledge: Recall data or Information

Examples:Recite a policy/Define a Term.

Key Words: defines, identifies, knows

2)Comprehension:Understand the meaning, translation, and interpretation of

instructions and problems.STATE A PROBLEM IN ONE'S OWN WORDS.

Examples:Rewrite the principles of test writing.Explain in one's own words the

steps of a task.

Key words: Comprehends, defends, distinguishes.

3)Application: Use a concept in a new situation. APPLIES WHAT WAS LEARNED

IN THE CLASSROOM INTO NOVEL SITUATIONS IN THE WORKPLACE.

Examples: Apply laws of statistics to evaluate the reliability of a written test.

Key Words: applies, changes, computes, prepares

4)Analysis:Separated materials or concepts. Distinguishes between fact and

inferences.

Examples:Recognize logical fallacies in reasoning.

Key Words: analyzes, breaks down, compares

5)Synthesis: Builds a structure or pattern from diverse elements.

Examples: Write a company operations or process manual.

Key Words: categorizes, combines, creates

6)Evaluation: Make judgement about the value of ideas.

Examples:Select the most solution.

Key Words: compares, appraises, concludes

Bloom's Revised Taxonomy (more accurate)

-Lorin Anderson(former student of Bloom) change the the names in 6 categories
from NOUN to VERB forms & slightly rearrange them.

1)REMEMBERING= Recall previous learned information

Examples:Recite a policy/ Knows the safety rules.

Keywords: describes, identifies, matches

2)UNDERSTANDING= Comprehending the meaning, translation etc. 'STATE A

PROBLEM IN ONE'S WORDS.

Examples:Explain in one's word the steps for performing a task.

Key Words:converts, defends, distinguishes

3)APPLYING=Use a concept in a new situation. Applies what was learned in a

classroom.

Examples:Apply laws of statistics

Key Words:applies, changes, computes

4)ANALYZING= Distinguishing facts and inferences.

Examples:Recognize logical fallacies in reasoning.

Key Words:analyzes,breaks down,contrasts

5)EVALUATING= Make judgements about the value of ideas.

Examples:Select the most effective solution.

Key Words:appraises, compares, concludes

6)CREATING=Builds a structure or patterns.

Examples: Write a company operations or process manual.

Key Words: categorizes, combines, creates

AFFECTIVE DOMAIN= we deal with things emotionally, motivations, attitudes,

appreciation.

5 Major Categories
1)Receiving Phenomena= Awareness, willingness to hear

Examples:Listen to others with respect.

Key Words:Asks, chooses, describes

2)Responding to Phenomena= Active participation on the part of learners.

ATTENDS AND REACTS.

Examples: Participate in class discussions.

Key Words:answers,assists,complies

3)Valuing=The worth of value a person attaches to a particular object, or

phenomenon.

Examples: Demonstrates belief in the democratic process/shows the ability to

solve problems.

Key Words:completes, demonstrates,forms

4)Organization= organizes values into priorities by contrasting and resolving

conflicts between them.

Examples: Recognizes the need for balance between freedom and responsible
behavior.

Key Words: arranges,alters,adheres

5)Internalizing Values= Has a value system that controls their behavior.

Examples:shows self reliance when working alone. Displays Teamwork.

Key Words:acts,discriminates,displays