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  • OBLICON Notes

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    Aulineu Bangtan
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    The document discusses various aspects of obligations under Philippine contract law, including: - The prescriptive period for paying debts is 10 years for written debts and 6 years for unwritten/verbal debts. - For a debt to be revived after the prescriptive period, the debtor must acknowledge the debt, such as by applying for a new promissory note. - Sources of obligations include contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. - An obligation is a juridical relationship where a creditor can demand a determinate conduct from a debtor and obtain satisfaction from the debtor's assets if the obligation is breached.

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    The document discusses various aspects of obligations under Philippine contract law, including: - The prescriptive period for paying debts is 10 years for written debts and 6 years for unwritten/verbal debts. - For a debt to be revived after the prescriptive period, the debtor must acknowledge the debt, such as by applying for a new promissory note. - Sources of obligations include contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. - An obligation is a juridical relationship where a creditor can demand a determinate conduct from a debtor and obtain satisfaction from the debtor's assets if the obligation is breached.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    4 views1 page

    OBLICON Notes

    Uploaded by

    Aulineu Bangtan
    The document discusses various aspects of obligations under Philippine contract law, including: - The prescriptive period for paying debts is 10 years for written debts and 6 years for unwritten/verbal debts. - For a debt to be revived after the prescriptive period, the debtor must acknowledge the debt, such as by applying for a new promissory note. - Sources of obligations include contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. - An obligation is a juridical relationship where a creditor can demand a determinate conduct from a debtor and obtain satisfaction from the debtor's assets if the obligation is breached.

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    © All Rights Reserved
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    GENERAL PROVISIONS How long is the prescriptive period of paying

    debt? 10 years(written), 6 years


    What is the problem with the Art. 1156 of the (unwritten;verbal)
    NCC? It only views the concept only from the Is verbal debt allowed? Yes.
    debt side. Debt cannot exist w/o a credit and 10 years of written debt: Civil Obligation
    that the credit is an asset in the patrimony of the because it is due and demandable.
    creditor just as the debt is a liability of the Is it prescribed? Yes. Because it is way past the
    obligor. prescribed period which is 10 years.
    What did the debtor do para mabuhay ulit yung
    What are the requisites of obligation for it to utang niya after 10yrs? Debtor recognized his
    exist? debt by applying for a new promissory note
    -Passive and Active Subject
    -Juridical Tie Manzanilla Case
    -Prestation Source: Contract (Mortgage Loan)
    Creditor: GSIS
    What are the sources of obligation? Law, Debtor: Manzanilla spouses
    contracts, quasi-contracts, acts or omissions Remedy made by GSIS? Foreclosure of the
    punished by law, quasi-delicts. property
    Is it GSIS’s obligation to allow the redemption
    Def of obligation by Arias Ramos: A juridical of property? No. Because there is no law
    relation whereby a person (creditor) may available allowing the grant of redemption.
    demand from another (debtor) the observance
    of a determinate conduct, and in case of breach,
    may obtain satisfaction from the assets of the
    latter.

    Can I sue someone for non-payment of debt?


    No. According to Sec. 3, Art. III of the 1987
    Constitution no person shall be imprisoned for
    debt or non-payment of a poll tax.

    Mariano Un Ocampo III Case:


    Source of obligation: Contract
    Creditor: Governor Ocampo
    Debtor: Lingkod Tarlac Foundation
    Prestation: To give the money to the foundation
    and the foundation will return the money to the
    government
    Why is the case not a malversation? Because
    there is no element of public fund present in the
    case.

    Civil vs. Natural Obligation: The former give


    right to action to compel their performance
    while the latter do not grant a right of action to
    enforce their performance as it is based on
    equity and natural law.

    Rural Bank of Paranaque Case


    Natural Obligation (no binding agreement on
    repurchase; there is no obligation)
    “Equity follows the Law” there may be moral
    obligation but if there is no enforceable legal
    duty the action has to fail. Although the
    disadvantage deserves sympathy

    PNB v. Adil Case


    Evidence of debt? Promissory note

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