1.

ENUMERATE THE OBLIGATIONS/DUTIES OF PERSONS OBLIGED TO DELIVER

DETERMINATE/SPECIFIC THINGS. GIVE EXAMPLE FOR EACH.
The Philippine Civil Code Article 1156 defined obligation as a juridical necessity
to give, to do, or not to do. In my own understanding of obligation, it is something that a
person should be responsible of. To be more specific of defining the word “obligation”,
below are some of the examples of obligations or duties of a person to be done.
a. Obligation to pay taxes. Each and everyone of us are obliged to pay taxes to
the government specifically to the Bureau of Internal Revenue. Those taxes will be use
for the development of our infrastructures.
b. Obligation to pay tuition fees. As a student, I am obliged to pay the tuition
fees of the school where I am enrolling for. It is in the contract of the school that in
exchange of quality education, I must pay the indicated tuition fee.
c. Obligation not to harm people. Each and everyone of us has a freedom to
do whatever we want. But that doesn’t mean that we are free to harm people. It is our
obligation not to harm people because once we do so, there will be suitable
punishment.
d. Obligation of a parent to take care of their children. Parents are entitled to
take care of their children. If they failed to do so, it is also subject to punishment
because it is against the law.
e. Obligation to follow street rules. A citizen should be aware of the rules
implemented to avoid violations and accidents when they are outside of their houses.

2. WHAT ARE THE GROUNDS FOR LIABILITY TO PAY FOR DAMAGES?

Law stated that damages are available in case of breach by means of default,
fraud, negligence, or contravention of the tenor of the obligation.
a. Default – it can also be known as delay. Default is the proper or legal term
because delay simply means as the ordinary delay which is normal. Default constitutes
breach of the obligation. In order to have a default, there must be an obligation which is
demandable and a failure to perform at the prescribed time.
b. Fraud – it is demandable in all kinds of obligations. There are two kinds of
fraud which are causal fraud and incidental fraud. But in this topic, incidental fraud is
applicable. When we say incidental fraud, it means the conscious and willful evasion of
fulfillment of an obligation. Fraud happens in the performance and the obligation is
necessary valid. If failed to do such performance, the remedy due to breach on contract
is simply an action for the damage done.
c. Negligence – similar with fraud, it is also demandable in all kinds of
obligations. Negligence means the failure to observe the diligence required by the
nature of the obligation. In Tagalog it means “kapabayaan”. The remedy for this ground
is damages. The law gives the court discretion to fix or regulate the amount of damages
awarded to the injured party.
d. Contravention of the tenor of the obligation – it refers to any defective
performance in the fulfillment of an obligation. Damages may be claimed in this case.