OBLICON REVIEWER

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1. Obligation Juridical necessity to give, to do or not to do

2. 4 ELEMENTS OF 1. ACTIVE SUBJECT (creditor/obligee) - whose obliga-

OBLIGATION tion is constituted
2. PASSIVE SUBJECT (debtor/obligor) - has duty to give,
to do or not to do
3. OBJECT/PRESTATION - subject matter
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) -
reason

3. CIVIL OBLIGA- -derived from positive law

TION -enforceable by court action

4. NATURAL -derived from equity & justice

OBLIGATION -not enforceable by court action

5. 5 SOURCES OF 1. LAW
OBLIGATION 2. CONTRACTS
3. QUASI-CONTRACTS
4. QUASI-DELICT/TORTS/CULPA AQUILIANA
5. CRIMES/ACTS/OMISSIONS punished by law

6. QUASI-CON- arise from lawful, voluntary acts; no one shall be unjustly

TRACTS enriched...

7. 2 kinds of qua- a. Solutio indebiti

si-contracts b. Negotiorum gestio

8. Solutio indebiti delivered by mistake

9. Negotiorum ges- voluntary management

tio

10. QUA- arise from damage; fault/negligence

SI-DELICT/TORTS/CULPA AQUILIANA

11. CRIMES/ACTS/OMISSIONS
arise from punished
civil liabilitybythat
lawis a consequence of a criminal
offense

12.
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DILIGENCE OF A - care need to be exercised by a debtor to deliver/give
GOOD FATHER determinate thing
OF A FAMILY Exception: When law/stipulation of parties requires a dif-
ferent standard of care (slight/extraordinary diligence).

13. When creditor is Rule: The creditor has personal right (right to ask for
entitled to the delivery) from the time the obligation to deliver arises.
fruits But NO real right (right enforceable against the whole
world) until it is delivered.

14. 3 kinds of fruits 1. NATURAL

2. INDUSTRIAL
3. CIVIL

15. Creditor's rights 1. Determinate

if debtor fails to a. Performance
comply w/ the b. Damages
obligation 2. Generic
a. Performance
b. Damages
c. Obligation be complied at debtor's expense

16. Creditor's rights 1. Damages

if debtor does in 2. Ask it be UNDONE at debtor's expense
contravention

17. Fortuitous Event cannot be foreseen, if foreseen, inevitable

18. General Rule: No Exceptions:

person liable to a 1. Law states
fortuitous event. 2. Stipulation/contract states
3. Assumption of risk
4. Delay
5. Debtor promises deliver to 2/more persons who do not
have same interest (bad faith)

19. EFFECTS OF - extinguish the obligation if determinate; generic does not

FORTUITOUS extinguish the obligation
EVENT to thing
to be delivered
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20. 3 MISCELLA- 1. When to deliver determinate, accessions (additions/

NEOUS RULES improvements) and accessories (joined/included with the
ON PERFOR- principal) are INCLUDED even not mentioned.
MANCE OF 2. If the debtor fails to do, it shall be DONE AT HIS
OBLIGATION EXPENSE, same with doing the contravention; poorly
done be undone.
3. In obligation not to do, and obligor does what is forbid-
den, shall be UNDONE AT HIS EXPENSE.

21. 4 GROUNDS; 1. Default/mora

debtor liable for 2. Fraud/dolo
damages 3. Negligence/culpa
4. Violation

22. delay DEFAULT/MORA

23. 3 kinds of delay a. Mora solvendi

b. Mora accipiendi
c. Compensatio Morae

24. Mora solvendi Delay on the part of the debtor

25. Mora accipiendi Delay on the part of the creditor

26. Compensatio delay of both parties in reciprocal obligation

morae

27. CONCEPT OF Exceptions:

DELAY 1. Law
General Rule: No 2. Stipulation
demand, No de- 3. Time is of the essence
lay 4. Demand be useless if delay
5. Reciprocal

28. Effects of Delay 1. Damages

2. When to deliver a determinate thing, STILL LIABLE in
a fortuitous event.

29. FRAUD/DOLO
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deliberate or intentional evasion of the normal fulfillment
of an obligation

30. 2 kinds of fraud a. Dolo causante/Causal fraud

b. Dolo incidente/Incidental fraud

31. Dolo fraud in obtaining consent; consent is defective, contract

causante/Causal is voidable. Remedy: annulment
fraud

32. Dolo fraud w/c vitiates consent. Remedy: damages

incidente/Inci-
dental fraud

33. NEGLI- voluntary act/omission; no bad faith intended

GENCE/CULPA

34. 3 kinds of negli- a. Culpa aquiliana/Civil negligence

gence b. Culpa contractual/Contractual negligence
c. Culpa criminal/Criminal negligence

35. Culpa Aquil- Negligence becomes a source of obligation in itself with-

iana (Civil Negli- out a pre existing contract; quasi-delict/torts
gence)

36. Culpa Contrac- there is a pre-existing obligation (arising from a contract)

tual (Contractual and there is fault carrying out such; breach
Negligence )

37. Culpa criminal crime/delict

(Criminal negli-
gence)

38. VIOLATION a breach of a right, duty, or law; Contrary to the terms of

obligation

39. 2 RULES OF 1. Receipt of principal w/o mention of interest, presumed

PRINCIPAL & IN- interest is paid also.
STALLMENT 2. Receipt of latter installment w/o mention of prior install-
ment, presumed prior installment is paid also.
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40. 4 SUCCESSIVE 1. Exact payment

RIGHTS OF 2. Attach debtor's properties
CREDITOR to 3. Accion subrogatoria - exercise rights & actions except
satisfy claim inherent in person
against DEBTOR 4. Accion pauliana - cancel acts/contracts by debtor to
defraud creditor

41. TRANSMISSIBILI- Exceptions:

TY OF RIGHTS- 1. Law states
General Rule: 2. Contract states
ALL RIGHTS are 3. Obligation is purely personal
transmissible.

42. 10 Kinds of 1. Pure

Obligation 2. Conditional
3. Alternative
4. Facultative
5. Joint
6. Solidary
7. Divisible
8. Indivisible
9. Obligation w/ a period
10. Obligation w/ a penal clause

43. PURE OBLIGA- Is an obligation which is not subject to any condition and
TION no specific date is mentioned for its fulfillment and is,
therefore, immediately demandable.

44. CONDITIONAL there is condition in performance; future & uncertain

OBLIGATION

45. 2 Kinds condi- a. Suspensive condition

tion b. Resolutory condition

46. Resolutory con- happening of condition EXTINGUISHES obligation

dition

47. Suspensive con- happening of condition gives RISE to obligation

dition

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48. MISCELLA- 1. Impossible conditions, contrary to law, shall ANNUL
NEOUS RULES obligation.
ON 2. The condition not to do an impossible thing is consid-
CONDITIONAL ered not agreed upon.
OBLIGATION 3. The condition that happens in determinate time, EX-
TINGUISHES obligation.
4. The condition that happens in INDETERMINATE time,
obligation only effective at arrival.
5. The condition is fulfilled if DEBTOR prevents fulfillment.
6. The effect of conditional obligation, once fulfilled:
- to give: retroact to the day of constitution of obligation
- has reciprocal prestations: fruits & interests be mutually
compensated
- has unilateral obligation: debtor shall give fruits & inter-
ests

49. RULES in case a. w/ debtor's fault - damages

of Loss, Improve- b. w/o debtor's fault - extinguishes obligation
ment, or Deteri-
oration of thing
during the pen-
dency of condi-
tion; 1. LOST

50. RULES in case a. w/ debtor's fault - (1) cancel obligation & damages; or
of Loss, Improve- (2) fulfill obligation w/ damages
ment, or Deteri- b. w/o debtor's fault - creditor suffer impairment
oration of thing
during the pen-
dency of condi-
tion; 2. DETERIO-
RATION

51. RULES in case a. By nature/time - benefit to creditor

of Loss, Improve- b. at expense of debtor - debtor no right than that granted
ment, or Deteri- to usufructuary (debtor no right to compensate amount
oration of thing for improvement)
during the pen-
dency of con-

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dition; 3. IM-
PROVEMENT

52. EFFECTS OF Exceptions:

FULFILLMENT 1. In reciprocal obligation, fruits & interests during pen-
OF dency of condition shall compensate each other.
SUSPENSIVE 2. In unilateral obligation, the debtor gets fruits & interests
CONDITION unless there is a contrary intent.
General Rule:
The obligation
becomes effec-
tive retroactively
to the day oblig-
ation was consti-
tuted.

53. EFFECTS OF 1. Extinguish obligation.

FULFILLMENT 2. Both parties restore what they received plus fruits &
OF interests.
RESOLUTORY 3. The rule on L, D, or I will apply to a person who has to
CONDITION return the thing.
When one of debtors in reciprocal obligation does not
comply w/ his obligation

54. The right of in- (1) cancel contract & damages; or

jured party (2) fulfill obligation & damages

55. Kinds of Oblig- 1. UNILATERAL

ation (Accord- 2. BILATERAL
ing to PERSON 3. RECIPROCAL
OBLIGED)

56. RECIPROCAL both parties; performance same time

57. BILATERAL both parties; performance not same time

58. UNILATERAL only 1 party obliged to comply

59. OBLIGATION W/ - demandability/ extinguishment subject to the expiration

A PERIOD of period
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60. PERIOD interval of time; either suspends demandability or pro-

duces extinguishment

61. DAY CERTAIN must come, not known when

62. CASES CONSID- 1. Little by little

ERED TO BE 2. In partial payment
"OBLIGATION W/ 3. Payable ASAP
A PERIOD" 4. When I can afford it
5. When I have the money
6. When I am able to
7. When my means permit me to do so

63. PERIOD Certain

Future only
*influence upon obligation, only upon its demandability

64. FOR WHOSE Exception: If the term of obligation has to favor one of
BENEFIT IS THE them.
PERIOD?
General Rule:
Both the debtor
& creditor.
Therefore, NEI-
THER of them
can demand
performance of
obligation.

65. CONDITION Uncertain

Future/past but unknown
*on the very existence of obligation itself

66. INSTANCES 1. Debtor is insolvent.

WHEN DEBTOR 2. Debtor attempts to abscond.
LOSES RIGHT 3. Impairment of guarantees/securities.
TO USE 4. Failure to furnish guarantees/securities promised.
"PERIOD" 5. Violation of undertaking.

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67. ALTERNATIVE w/ 2 or more prestations, only 1 is due.
OBLIGATION

68. FACULTATIVE w/ ONLY 1 prestation but can be substituted.

OBLIGATION

69. Alternative oblig-

ation

70. ALTERNATIVE 1. Debtors can choose.

prestations 2. All prestations lost/become impossible due to the
LOST w/ debtor's fault.
debtor's fault
Creditor entitled
to damages but
needs ff requi-
sites:

71. Alternative oblig- several prestations due, giving one is sufficient

ation
right to choose (debtor) unless granted to creditor

If 1 of the prestation is illegal, others may be valid, oblig-

ation remains

loss/impossibility of ALL prestations due, w/o debtor's

fault, extinguishes obligation

72. Facultative one prestation due, but can be substituted

Obligation
right to choose DEBTOR ONLY

nullity of principal carries w/ it nullity of accessory/ Sub-

stitute

loss/impossibility of prestation due, w/o debtor's fault,

extinguishes obligation

73. SUMMARY OF 1. If 1 of prestations lost through fortuitous event, shall still

RULES, be performed by choosing (creditor) from the remainder.
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OBLIGATIONS, 2. If 1 of prestations lost through debtor's fault, creditor
& RIGHTS OF may claim any of remainders w/ damages.
DEBTOR IN 3. If ALL prestations are lost through debtor's fault, the
ALTERNATIVE creditor chooses price w/ damages.
OBLIGATION

74. RULES on 1. If there is a loss/deterioration of a thing intended as a

LOSS/DETERIO- substitute, the debtor is NOT liable if NOT HIS FAULT.
RATION of the But if substitution is already made, the debtor is liable
thing intended for loss of substitute when in DELAY, NEGLIGENCE, or
as SUBSTITUTE FRAUD.
in FACULTATIVE
OBLIGATION

75. joint obligation obligation is to be paid proportionately by debtors or to be

demanded proportionately by creditors

JOINT Obligation
"To each his own"

proportionate

76. Solidary Obliga- one where each one of the debtors is bound to render,
tion and/or each one of the creditors has a right to demand
from any of the debtors, entire compliance with the presta-
tion

"One for all, all for one"

individually & collectively

77. SOLIDARY *RULES

OBLIGATION 1. Law states
EXIST ONLY IF: 2. Stipulation states
3. Nature of obligation requires

78. PRESUMP- 1. The debts are divided as many shares as there are
TIONS THAT debtors/creditors.
OBLIGATION IS 2. The debtors/creditors are distinct from one another.
JOINT
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79. DIVISIBLE prestation is capable of partial performance

OBLIGATION

80. INDIVISIBLE prestation incapable of partial performance

OBLIGATION

81. OBLIGATION W/ one w/ accessory undertaking attached to obligation to

A PENAL assume greater liability in case of breach/non-fulfillment
CLAUSE of obligation

82. PURPOSES OF 1. Ensure performance of obligation

PENAL CLAUSE 2. Substitute for damages & interest in case of noncom-
pli-ance
3. Penalize debtor in case of breach

83. In case obliga- Exceptions:

tion has a PENAL 1. Stipulation states.
CLAUSE 2. Debtors refuse to pay penalty.
General Rule: 3. Debtor guilty of fraud in performance of obligation.
Penalty takes the
place of dam-
ages & interest in
case of non-com-
pliance.

84. NULLITY OF Nullity of principal obligation = nullity of penal clause

PRINCIPAL Nullity of penal clause = NOT nullity of principal obligation
OBLIGATION OR
THE PENAL
CLAUSE

85. EXTINGUISH- 1. Payment or performance

MENT OF 2. Loss of thing due
OBLIGATIONS 3. Remission/Condonation
4. Merger/Confusion
5. Compensation
6. Novation
7. Annulment
8. Rescission
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9. Resolutory condition
10. Resolutory period
11. Prescription

86. CAUSES OF - death of party in case of personal obligation

EXTINGUISH- - Impossibility of performance
MENT OF - Compromise/Settlement
OBLIGATION - Happening of fortuitous event
- Arrival of resolutory period
- Mutual desistance

87. PAYMENT/PER- Payment means delivery of money & performance of

FORMANCE obligation

88. PLACE OF PAY- 1. At place agreed upon

MENT 2. If w/o agreement
a. Object is indeterminate - paid at domicile of DEBTOR
b. Object is determinate - place of thing at the time of
constitution of obligation

89. SPECIAL a. Application of payment

MODES OF b. Cession
PAYMENT c. Tender of payment & consignation
d. Dation in payment

90. Application of designation of debt to w/c payment must be applied when

payments the debtor has several obligations of the same kind in
favor of the same creditor.

91. REQUISITES OF 1. Only 1 debtor & 1 creditor

APPLICATION 2. 2 or more debts, same kind
OF PAYMENT 3. All debts are due
4. Insufficient payment to extinguish ALL debts

92. RIGHTS TO 1. Right belongs to the CREDITOR.

MAKE APPLICA- 2. If the debtor does not avail, the creditor can give him a
TION OF PAY- receipt designating the debt from which payment will be
MENT applied.
3. If the debtor accepts the receipt, he cannot complain
unless THERE IS just cause to invalidate the contract.
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93. CESSION - debtor abandons ALL his property for creditor's benefit
to obtain payment from proceeds of his property

all properties

require more than 1 creditor

NOT act of novation

NOT transfer ownership

requires partial/total insol-vency

94. REQUISITES OF 1. 1 debtor & 2 or more creditors

VALID CESSION 2. Debtor is in partial/total insolvency.
3. Debtor to deliver ALL his property to creditors
4. Debt is due & demandable.
5. Creditors must sell the properties & apply the proceeds
to their respective credits proportionately.

95. DATION IN PAY- - alienation of property to the creditor in satisfaction of

MENT (dacion en debt
pago)
NOT all properties

NOT require all creditors

act of novation

transfer ownership

may happen during solvency of debtor

96. REQUISITES OF 1. Consent of creditor

DATION IN PAY- 2. NOT prejudicial to another creditor
MENT 3. Debtor not insolvent declared by a judicial decree

97. TENDER OF PAY- act of offering the creditor what is due to him w/ a demand
MENT that the creditor accept it
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98. CONSIGNATION act of depositing thing due w/ the court when creditor
cannot/refuses acceptance of payment

99. REQUISITES OF 1. Debt due.

CONSIGNATION 2. Creditor refused the tender of payment w/o just cause
3. Notice of consignation already given to persons inter-
ested in fulfillment of obligation
4. Consignation of thing/amount due
5. Subsequent notice of consignation to interested per-
sons

100. VALID 1. Creditor is absent/unknown.

CONSIGNATION 2. Creditor is incapacitate to receive at time it is due.
W/O PREVIOUS 3. Creditor refused to give a receipt, w/o just cause.
TENDER OF 4. 2 or more persons claim the right to collect.
PAYMENT 5. Title of obligation lost.

101. LOSS OF THING - perishes, disappears, or goes out of commerce; exis-

DUE tence is unknown; cannot be recovered

102. REQUISITES TO 1. Determinate thing.

EXTINGUISH 2. W/o debtor's fault.
OBLIGATION 3. No delay.
DUE TO LOSS

103. CONDONA- - gratuitous abandonment of right by the creditor

TION/REMIS-
SION

104. REQUISITES OF 1. It must be gratuitous.

A VALID 2. Accepted by obligor.
CONDONA- 3. Obligation is demandable.
TION/REMIS-
SION

105. CONFU- - meeting in 1 person of qualities of debtor & creditor w/

SION/MERGER same obligation

106.
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REQUISITES OF 1. The merger of characters of debtor & creditor must be
VALID CONFU- in the same person.
SION/MERGER 2. Take place between principal debtor & creditor.
3. Clear & definite.

107. COMPENSATION 2 persons are debtors & creditors of each other

108. ESSENTIAL 1. Parties both principal debtors & creditors of each other.
REQUISITES OF 2. Compensation is not prohibited by law.
COMPENSATION 3. No retention/controversy by 3rd person.
4. 2 debts are due & demandable.
5. 2 debts are liquidated.
6. 2 debts both in money/consumable things.

109. Classes of Com- 1. As to effect

pensation a. TOTAL - obligations completely extinguished.
b. PARTIAL - a balance remains
2. As to origin or cause
a. LEGAL - by law
b. VOLUNTARY/CONVENTIONAL - agreement of parties
c. JUDICIAL - order from the court
d. FACULTATIVE - 1 of parties can choose/oppose claim-
ing compensation

110. NOVATION The substitution, by agreement, of a new contract for an

old one, with the rights under the old one being terminat-
ed.

- substitution/change of obligation
- substitution of debtor
- subrogation of creditor

111. OBLIGATIONS 1. Changing object/principal conditions. (REAL NOVA-

MAY BE TION)
MODIFIED BY: 2. Changing the person of the debtor/creditor. (PERSON-
AL NOVATION)
a. Substitution - change of debtor
b. Subrogation - change of creditor
3. Changing person of the parties & the objects of princi-
pal condition. (MIXED NOVATION)
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112. 4 REQUISITES 1. Old valid obligation.

OF NOVATION 2. Agreement of parties to new obligation.
3. Extinguishment of old obligation.
4. Validity of new obligation.

113. FORMS OF NO- 1. EXPROMISION

VATION BY SUB- 2. DELEGACION
STITUTION OF
DEBTOR

114. DELEGACION all must agree (creditor, old debtor, new debtor)

115. EXPROMISION w/ consent of creditor, NO consent of old debtor

116. EXPROMISION a. Initiative of 3rd person.

REQUISITES b. Consent of the creditor.

117. DELEGACION a. Initiative from old debtor.

REQUISITES b. Consent of debtor.
c. Acceptance by creditor.

118. SUBROGATION change of creditor

119. KINDS OF SUB- 1. CONVENTIONAL - consent of original parties & 3rd

ROGATION person
2. LEGAL - by law
a. creditor pays another preferred creditor even w/o
debtor's knowledge
b. 3rd person pays the express approval of debtor
c. 3rd person pays even w/o knowledge of debtor

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