Chapter 1 - Obligations

What is an obligation?

Correct

Under Art. 1156, An obligation is a juridical necessity :

TO GIVE – a thing is to be delivered, this is a real obligation (naay butang e hatod)

TO DO – the prestation or the act that is to be done (naay angay buhaton). This is a positive personal obligation.

NOT TO DO (includes not to give) – the act that should not be done (dili angay buhaton). This is a negative personal obligation.

Why is it that an obligation is a juridical necessity?

Correct

The courts of justice can be called upon either to demand for specific performance or for the payment of damages (MENTAL).

The courts of justice in the Philippines are :

Municipal Trial Court (MTC) - for one town only (you can go to your Municipal Hall and ask the location of the court)

Municipal Circuit Trial Court (MCTC) – the court covers two or more towns

Municipal Trial Court in Cities (MTCC) - for cities

Jurisdiction of First Level Courts : Under Republic Act No. 11576

1. Civil actions of real property with an assessed value not exceeding P400,000 (from the current P50,000
maximum.)

2. Civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper
cases, where the demand does not exceed P2 million.

3. Admiralty and maritime actions where the demand or claim does not exceed P2 million.

Regional Trial Court (RTC) – for bigger cases, we have 7 RTC in Tagbilaran, 1 in Loay, 1 in Carmen and 2 in Talibon

Jurisdiction of Second Level Courts : Under RA 11576

1. Civil actions involving the title to, or possession of, real property should exceed to P400,000, over P2 million for
actions in admiralty and maritime

2. Over P2 million for all matters of probate, both testate and intestate.

3. The RTCs shall also have jurisdictional supervision over “all cases in which the demand, exclusive of interest,
damages of whatever kinds, attorney’s fees, litigation expenses and costs or the value of the property in
controversy exceeds P2 million.”

Court of Appeals - appellate court

Court of Tax Appeals – appellate court

Supreme Court – highest court

What are the requisites of an obligation?

Correct

Active subject – the one who has the right to demand for the performance of the obligation or for damages (maoy naay katungod)

Passive subject – the one who has the obligation to give or to perform (maoy naay dapat tumanon)

Object or prestation - the object that is to be delivered or the prestation that is be done or not to be done

Juridical or Legal Tie or Vinculum Juris – the tie that binds the parties in the obligation. The reason why the obligation can be
demanded. In determining the juridical or legal tie, you refer to the sources of obligations.

NOTE : ALL OF THE ABOVE REQUISITES SHOULD BE PRESENT, IN ORDER THAT THERE WILL BE AN OBLIGATION

What are the Sources of Obligations (juridical or legal tie)?

Correct, Art. 1157

Law – Art. 1158, obligations derived from law are not presumed, there should be a specific provision of law requiring the obligation,
ex. Wearing of face mask and face shields in markets and malls

Contracts – Art. 1159, obligations arising from contracts have the force and effect of law between the contracting parties and should
be complied with in good faith. In Contracts, there is an agreement (meeting of minds) between the parties (kasabutan whether oral or
in writing). Please take note that most contracts can be entered into orally. Even you yourself has been entering into contracts since
you were a child (mo palit sa tindahan, contract of sale na na sija)

Quasi-Contracts – Art. 1160, Chapter 1, Title XVII of the New Civil code. There is no agreement, but to prevent unjust enrichment,
an obligation is created

Delicts or Crimes or Acts or Omissions punished by law – Art. 1161, civil obligations arising from criminal offenses shall be
governed by the penal laws, etc. - A person is liable for the damage caused by the crime that is committed (ex. To return the stolen
item, or to pay for the value of the item stolen)

Quasi Delicts or Torts or Culpa Aquillana – Art. 1162, obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of the New Civil Code and by special laws. There is fault or negligence, but no contractual relation between
the parties

What is the difference between contracts and quasi-contracts?

Correct

In contracts, there is a meeting of minds (nagka sinabot) between the parties, whereas in quasi-contracts, there is no meeting of minds,
but there is a law imposing an obligation upon one of the parties to prevent unjust enrichment.

In Quasi-contract (like contracts), there is no meeting of minds – murag contract, pero dili contract kay wa may agreement (way
kasabotan).

What are the kinds of Quasi-Contracts and what is their difference?

Correct

Negotiorum gestio – unauthorized management of the affairs of another. (like sa quiz nato nga gibayaran ag buhis bisag wa ingna,
liable gihapon ag owner sa land kay gi taplan man sija sa buhis bisan pag wa sugoa ag ning bayad. Na benefited ag owner sa land, mao
nga dapat mo reimburse sija)

Solutio indebiti – undue payment or something is received when there is no right to demand it (like sobra ag sukli nga imung nadawat,
dapat, imu nang e uli. Pwede ka ikiha if di nimu e uli and you can be held liable)
What are the requisites for the commission of a crime or delict?

Correct

1. There must freedom – kaugalingon nga binuhatan jud, way nag pugos nga laing taw

2. There must be intelligence – kamao ug unsay sakto buhaton ug unsay dili angay buhaton (ag insane person cannot commit a
crime, wa sijay intelligence)

3. There must be the intent to commit the crime – ga huna huna jud nga himuon ag crime

Note : If a person will commit a crime, there are TWO penalties that will be imposed, (1) the penalty of imprisonment and (2) civil
aspect, which is the payment of monetary damages (bayaran ug kwarta) to the victim.

What are the civil obligation (money) of criminal offenses?

Correct

1. Restitution – e uli ug unsa tong sitwasyon before sa crime

2. Reparation of the damage caused – ug naay mga nanga guba, nanga wagtang or na unsa ba, dapat bayaran

3. Indemnification for consequential damages – ug naa pay laing dapat bayaran nga damyos because of the crime, bayaran pud

What is the difference between delict and quasi-delict?

Correct

In delict or crime, there is an INTENT to commit the crime, whereas in quasi-delict, there is NO INTENT to commit the offense, but
there is fault or negligence.

Inday Ruping was shot dead by Andrew.

Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?

Active subject : the government. If a crime is committed, the criminal violated the provisions of the Revised Penal Code or other
special laws of the Government ( The case will be People of the Philippines vs. Andrew)

Passive subject : Andrew (maoy naay liability)

Object or prestation : Money (payment for damages)

Juridical or legal tie : Crimes or delicts or acts or omissions punished by law

S. Tudyante borrowed a book from Sen Yorna to be returned at the end of the semester.
Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?
Active subject : Sen Yorna, he can demand for the return of the book, he has the right

Passive subject : S.Tudyante, he is the one who has the obligation to return the book

Object or prestation : The book nga maoy e uli

Juridical or legal tie : Contract (this is a contract of commodatum)

Taks Payer should pay his income tax to the bank on or before April 15, 2023.
Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?

Active subject : Government, maoy maningil

Passive subject : Taks Payer, maoy mo bayad

Object or prestation : Money

Juridical or legal tie : Law (TRAIN Law)

While playing frisbee, Dang Hag hit and broke the glass window of the house of Kaye Jee.
Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?

Active subject : Kaye Jee, the owner of the house

Passive subject : Dang Hag, the person who broke the glass window

Object or prestation : repair the broken glass window ( an obligation to do)

Juridical or legal tie : quasi-delict (through negligence, there is no intention to break the widow)

Bo Otan on his own initiative paid the real property tax for the house of See Lingan in the amount of P2,000.
Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?

Active subject : Bo Otan, ag ning bayad sa buhis ni See Lingan

Passive subject : See Lingan, should reimburse Bo Otan

Object or prestation : P2,000

Juridical or legal tie : Negotiorum gestio (unauthorized management)

After paying the Nang Pestang, the store owner, Inday received an excess change of P30.
Who is the active subject?
Who is the passive subject?
What is the object or prestation?
What is the juridical or legal tie?

Active subject : Nang Pestang, the store owner, na alkansi tawn sija

Passive subject : Inday, sobra ag sukli, which resulted in unjust enrichment of Inday
Object or prestation : P30

Juridical or legal tie : Solutio indebiti