Civil Code Provisions d) Juridical or legal tie

- mismong article

(n) - new civil code Kinds of Prestation

Obligation - to give
- to do
- consist of two parties (debtor - not to do
&creditor)
- an obligation to give
- to do
- or not to do Essential Elements

- magkakaroon ng add'tl obli in case of a) Legal right of the creditor

breach b) Correlative legal obligation of the
- juridical (to enforce an obligation) debtor
-hindi man mabalik 'yong property, c) Act/ omission in violation/breach
kailangan maibalik 'yong value

- necessity - mandatory (para mag

comply ang tao) Kinds of Obligation

- Real
- personal
Nature of Obligation

Civil & Natural Obligation

Art. 1157. Obligations arise from:
Civil - may right of action sa court
Law
Natural - based on equity and natural
law walang right of action Contracts

Quasi-contracts

Essential Requisites of an Acts or omissions punished by law

Obligation
Quasi-delicts
a) Passive subject - debtor or obligor

b) Active subject - creditor or obligee

1) Law
(kailangan active, kailangan mag
demand ng fulfillment ng debtor- - obligations derived from law are
demand is really important para not presumed (kailangan
maging liable ang debtor) specifically stated sa batas)
- only those expressly
c) Object or prestation - conduct to
be observed
2) Contracts
- meeting of minds
- nag agree 'yong parties
- anything mapagkasunduan as
long as w/in the bounds of law,
etc.
who has no duty to pay, and the
person who received the
payment
4) Delicts
- restitution - restoration

3) Quasi-contracts 5) Quasi-delicts

- parang contracts but hindi - parang delicts but not totally a

talaga crime
- hindi present 'yong elements ng - no contractual obligations exist
contracts between parties
- walang meeting of minds - connected to fault & negligence
- dapat arise from lawful, Requisites
voluntary, and unilateral
- no one shall be unjustly - Cause
benefited at the expense of - Effect
another - relation

a)officius management - negatiorum

gestio
Chap 2
Requisites:
Art. 1163. Standard of Care
- a voluntary person assumes the
Kinds of Fruits
management & walang orvs
agreement - Natural
- the property must be neglected - Industrial
or abandoned - civil
- there must be authorization
from the owner
- the assumption must be done in
good faith

b) payment not due - solutio indebiti

obli: to return the payment received

Requisites:

- payment is mqde through

mistake, and not liberality or
some other cause
- there must be ni binding
relationship between the payor,
Primary Classifications ● Kinds of obligation according to
prestation
Kinds of Obligations (Civil Code) ● Rules
1. Pure and Conditional ● Facultative obligations
2. With a Period Joint and Solidary Obligations
3. Alternative
4. Joint and Solidary (Civil Code Art. 1207-1222)
5. Divisible and Indivisible
6. With a Penal Clause ● Joint vs. Solidary
● Rules
Pure and Conditional Obligations ● When creditor remitted solidary
(Civil Code Art. 1179-1192) debtor's debt
● Solidarity exist even though by
● Different types of condition different periods and conditions
● Suspensive and Resolutory ● Joint division obligations
Conditions
● Retroactive effect Divisible and Indivisible Obligations
● Debtor's liability during a (Civil Code Art. 1223-1225)
condition's pendency
● When obligations are divisible and
Obligation With a Period (Civil Code indivisible
Art. 1193-1198) ● Kinds of indivisibility
● Divisibility distinguished from joint
● Different types of period and solidary obligations
● Condition vs. Period
● When court can fix a period Obligations with a Penal Clause
● Debtor's liability during a period's (Civil Code Art. 1226-1230)
pendency
● Penal Clause
Alternative Obligations (Civil Code ● Principal vs. Accessory obligations
Art. 1199-1206) ● When penalty is not substitute for
damages and interest

ARTICLE 1179

Every obligation whose performance does not depend upon a future or

uncertain event, or upon a past event unknown to the parties, is demandable
at once.

Every obligation which contains a resolutory condition shall also be

demandable, without prejudice to the effects of the happening of the event.
Pure Obligation (1st Parag. )
● Obligations whose performance is
not dependent upon a condition or
a period.
● Demandable at once
Example: Kirito promised Alice a brand
new laptop.
Conditional obligation (2nd Parag.)
● Obligations whose performance
depends upon:
- Future and uncertain
events; or
- Upon past events unknown
to the parties
Example: Kirito promised Alice a brand
new laptop if Alice passes her exam
tomorrow.

ARTICLE 1180

When the debtor binds himself to pay when his means permit him to do so, the
obligation shall be deemed to be one with a period, subject to the provision of
article 1197.

ARTICLE 1181 ARTICLE 1182

In conditional obligations, the WHen the fulfillment of the condition

acquisition of rights, as well as the
extinguishment or loss of those
already acquired, shall depend upon
the happening of the event which
constitutes the condition.
depends upon the sole will of the
debtor, the conditional obligation
shall be void. If it depends upon the
chance or upon the will of a third
person, the obligation shall take
effect in conformity with the
provisions of this Code.

According to Effect on Obligation According to Whose Will it Depends

1. Suspensive 1. Potestative

2. Resolutory 2. Casual

3. Mixed

Types of Conditions ● Resolutory Condition - conditions

that cause the extinguishment of
According to Effect on Obligation the obligation
● Suspensive Condition - Examples:
conditions that cause the birth of
the obligation
Taki promised Mitsuha a diamond ring
if Mitsuha graduates valedictorian from
her class. (Suspensive)
Taki bound himself to shoulder
Mistsuha’s tuition fee until she
graduates. (Resolutory)
Creditor:
Types of Conditions
According to Whose Will it Depends
● Potestative Condition -
Fulfillment depends upon the will
of one of the parties (maybe
potestative on the part of creditor
or debtor)
Example:
until he wants. (Potestative -
resolutory condition)
3. Kaneki obliged himself to pay his
debt to Touka when his means
permit him to do so. (Obligation
with a period)
1. Kaneki obliged himself to give
Touka a golden bracelet if Touka
will go to the mall tomorrow.
(Potestative - suspensive
condition)
2. Kaneki lets Touka live under his
house until Touka wants to go
home. (Potestative - resolutory
condition)

Debtor:
1. Kaneki obliged himself to give
● Casual Condition - Fulfillment
Touka a specific car if he
depends upon chance and/or will
(Kaneki) will go to the mall
of a third person
tomorrow. (Potestative -
● Mixed Condition - Fulfillment
suspensive condition) void
depends partly upon the will of one
Void - POTESTATIVE on the side of of the parties and partly upon
the DEBTOR as well as SUSPENSIVE chance and/or will of a third
person.
2. Kaneki obliged himself to
shoulder Touka’s living expenses
 ARTICLE 1183

Impossible conditions, those contrary to good customs or public policy and

those prohibited by law shall annul the obligation which depends upon them. If
the obligation is divisible, that part thereof which is not affected by the
impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having

agreed upon.

Impossible Conditions Legally Impossible Conditions -

Two Types
Physically Impossible Conditions -
conditions that is naturally impossible
to happen/fulfill
conditions that is naturally possible to
happen/fulfill but is contrary to law,
morals, good customs, public order, or
public policy

Examples

Physically Impossible Legally Impossible

Fly to the moon Kill X (against law)

Swim across the Pacific ocean Be the mistress of X (against moral)

Not rain in the Philippines for a decade Slap your father (against good customs)

Drill a hole through the Earth’s core Advocate the overthrow of government
(against public order)

Resurrect the dead Not appear as witness in a criminal

case (against public policy)

Impossible Conditions Naksu bound himself to give Lucy

15,000 if the latter can win in an
Illustration arm-wrestling match against Erza and
Natsu bound himself to give Lucy can seriously injure Erza’s arm.
10,000 if the latter can win in an (Wholly void)
arm-wrestling match against Erza.
Furthermore, Natsu promised to pay
an additional 5,000 if Lucy seriously
injures Erza’s arm. (Partially void)
 Article 1184
The condition that some event
happen at a determinate time shall
extinguish the obligation as soon as
time expires or if it has become
indubitable that the event will not
take place.
Article 1185
Paragraph 1
The condition that some event will
not happen at a determinate time
shall render tha obligation effective
the moment the time indicated has
elapsed or if it has become evident
that the event cannot occur.

Positive Conditions Negative Conditions

Bartra bound himself to give Elizabeth a Bartra bound himself to give Elizabeth a
land if Elizabeth will marry Meliodas land if Elizabeth will not marry Meliodas
within the year. within the year.

When Conditions Are Deemed Fulfilled

ARTICLE 1185

Paragraph 2

If no time has been fixed, the condition shall be deemed fulfilled at such time
as may have probably been contemplated, bearing in mind the nature of the
obligation.

ARTICLE 1186

The condition shall be deemed fulfilled when the obligor voluntarily prevents
its fulfillment.

Examples: Bartra bound himself to give Elizabeth

Bartra bound himself to give Elizabeth
a land if Elizabeth will not marry
Meliodas until Elizabeth and Meliodas
are both really ready to be a family.
a land if Elizabeth will marry Meliodas
within the year. The night before the
last of the year, Bartra put drugs on
Elizabeth food resulting to Elizabeth
being asleep for three days.

Retroactive Effects In Suspensive Conditions

ARTICLE 1187

The effects of a conditional obligation to give, once the condition has been
fulfilled, shall retroact to the day of the constitution of the obligation.
Nevertheless, when the obligation imposes reciprocal prestations upon the
parties, the fruits and interests during the pendency of the condition shall be
deemed to have been mutually compensated. If the obligation is unilateral, the
debtor shall appropriate the fruits and interest received, unless from the
 nature and circumstances of the obligation it should be inferred that the
intention of the person constituting the same was different.

In obligations to do and not to do, the courts shall determine; the retroactive pf
the condition that has been complied with.

Retroactive Effects

In Suspensive Conditions

To give

To Do,

Not to Do - the court shall determine

the retroactive effect

Unilateral Obligations - fruits and

interest receive shall be appropriated
by the debtor

Example: On January 1, Miyuki

promised Tatsuya to give him
apartment building if Tatsuya passes
the board exam. On May 31, Tatsuya
passed the said exam.

Reciprocal Obligations - fruits and

interest are deemed mutually
compensated

Example: On January 1, Miyuki

promised Tatsuya to sell him an
apartment building if Tatsuya passes
the board exam. On May 31, Tatsuya
passed the said exam.
1. Application of Payment
- halimbawa magbabayad ka ng utang
and sabay-sabay ang due, pipiliin mo
kung alin ang babayaran mo ro'n
2. Dation in payment (Dacion en
pago)
- instead of paying with money, you will
pay in kind (non cash assets)
4. Tender of payment and
consignation
- (TP) act of paying something using a
legal tender: notes issued by Bangko
Central ng Pilipinas (peso bills)
- (C) act of depositing your debts in the
court

3. Cession en pago (Payment by Confusion or merger of rights

cession)

- larger than no. 2

- involves all your property