VARGAS, Rick C.

JD 1-7

1. What is the criticism about the definition of Obligations under Art. 1156?

The definition stated in Art. 1156 is one-sided and reflects only the debtor’s side of the
agreement.

2. Differentiate Right vs Obligation

Obligation: It is the act or performance which the law will enforce.

Right: It is the power which a person has, under the law, to demand from another any
prestation

3. Sources of Obligation
A. Law (Ex-lege)
- It means that it is governed by the law itself. It is not presumed but only those
expressly determined in the Code or in special laws are demandable. It is also
regulated by the precepts of the law which establishes them
B. Contracts
- Art. 1159 states that obligations arising FROM contracts have the force of law
between the contracting parties and must be complied with good faith
- Also expresses principle of autonomy of will, presupposes that contract is valid
and enforceable
C. Quasi-Contracts or Delicts
- This are judicial relation arising from certain lawful, voluntary and unilateral acts
by virtue of which the parties become bound to each other based on the principle
that no one shall be unjustly enriched or benefited at the expenses of another.
D. Crimes or acts or omissions punished by law
- Civil liability is arised and it is the consequences of the criminal offense
committed. If one is criminally liable he/she is also civilly liable.
E. Torts
- When they arise from damages caused to another,there being fault or
negligence,giving rise to the obligation to pay for the damage done. There must
be no pre-existing contractual relation between the parties.
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4. What is the basis of liability of the school when a student is stabbed inside the campus by
a stranger in the school?
- A contract is the basis of liability of liability in this situation.

5. What are the basic distinction between civil and natural obligations?

A civil obligation, as defined in Art. 1156 is based on positive law; hence, it is

enforceable by court action. A natural obligation on the other hand, is based
on natural law; hence, it is not enforceable by court action.

6. What is the degree of diligence required of a person in the performance of an obligation?

The degree of diligence must not be inferior to the diligence of a good father of the
family. (Art. 1163) Anything lower than this would be against public policy and good
customs.

7. A borrowed money from B secured by a promissory note due on March 31, 2021. If A
failed to pay his obligation on March 31, 2021, is A considered in default in the payment
of his obligation? Why?

No, A is not considered default in payment of his obligation because even if there is an
enforceable obligation through the promissory note, there is non-performance by failure
to pay on time, however there is no demand yet. It can be simply inferred that if there is
no demand, then there is no delay. This rule is spelled out by Article 1169 of the Civil
Code, where those obliged to deliver or to do something incur a delay from the time the
obligee (or the person to whom an obligation is owed) judicially or extrajudicially
demands fulfillment of the obligation.

8. Who may be liable for damages?

Any person who by an act or omission causes damage to another by his fault or
negligence shall be liable for the damage so done, as it is stated in Art. 1092 of the New
Civil Code of the Philippines.

9. When may a party to a contract be exempted from compliance with its obligations due to
force majeure?

Force majeure clauses define circumstances beyond the parties’ control that can render
contractual performance too difficult or even impossible. Where an event, or series of
 events, triggers a force majeure clause, the party invoking the clause may suspend, defer,
or be released from its duties to perform without liability.

10. What are the distinctions between dolo causante and dolo incidente?

Dolo causante determines or is the essential cause of the consent, while dolo incidente
refers only to some particular or accident of the obligation. The effects of dolo causante
are the nullity of the contract and the indemnification of damages, and dolo incidente also
obliges the person employing it to pay damages.