Additional notes for OBLICON

Difference between Obligation, right and wrong.

a. Obligation is the act or performance which the law will enforce.

b. Right, on the other hand, is the power which a person has under the law, to demand from another
any prestation.
c. Wrong (cause of action), according to its legal meaning, is an act or omission of one party in
violation of the legal rights or rights of another. In law, the term injury is also used to refer to the
wrongful violation of the legal right of another.

Elements of a legal wrong / injury:

a. Legal right in favor of a person

b. A correlative legal obligation on the part of another; to respect or not violate said right; and
c. An act or omission on the part of a person cannot exist without a corresponding right in favor of
another, and vice-versa. A wrong or cause of action only arises at the moment a right has been
transgressed or violated.

Example:

Y has the legal right to have his house constructed by X who has the correlative legal obligation to
build the house of Y under their contract. X has the right to be paid the agreed compensation provided
the house is built according to the terms and conditions of the contract.

The failure of either party to comply with such terms and conditions gives the other a cause of
action for the enforcement of his right and/or recovery of indemnity for the loss or damage cause to him
for the violation of his right.

Different Kinds of Fruits

- The fruits mentioned by law refer to natural, industrial and civil fruits.

1. Natural fruits are the spontaneous products of the soil, and the young and other products of
animals. Ex. Grass, trees and plants of the land produced without the intervention of human labor.

2. Industrial fruits are those produced by the lands of any kind of cultivation or labor. Ex. Sugar cane,
vegetables; rice and all products of lands brought about by reason of human labor.

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 3. Civil fruits are those derived by virtue of a juridical relation. Ex. Rents of buildings, price of leases
of land and other property and the amount of perpetual or life annuities or other similar income.

SAMPLE DEMAND LETTER

October 26, 2016

Mr. Ed and Ms. Ro;

I am writing to you in connection with the several checks you issued. You were able to advance sum of money in the total amount
of SEVENTY-FIVE THOUSAND TWO HUNDRED PESOS (P75,200.00). To secure the payment, you endorsed and released the
following checks, payable to R and M, to wit:

Check No. Drawee Bank Date Amount

0000927731 LBP Bislig Branch December 15, 2015 P3,000.00

0000927774 LBP Bislig Branch January 15, 2016 P6,600.00

0000927775 LBP Bislig Branch January 15, 2016 P23,000.00

0000927777 LBP Bislig Branch January 15, 2016 P19,000.00

0000927730 LBP Bislig Branch January 16, 2016 P10,000.00

0000927766 LBP Bislig Branch January 15, 2016 P3,600.00

0000927731 LBP Bislig Branch January 15, 2016 P10,000.00

TOTAL P75,200.00

However, such checks when presented for encashment were dishonored for the reason “STOP PAYMENT/CLOSED ACCOUNT.”
Attached herewith are copies of the above-mentioned Checks for reference along with the stamped markings STOP
PAYMENT/CLOSED ACCOUNT.

In view of the foregoing, FINAL demand is hereby made upon you to make good the foregoing checks and to settle your outstanding
obligation in the amount of SEVENTY FIVE THOUSAND TWO HUNDRED PESOS (P75,200.00) to plus ten percent (10%) surcharge
per month and fees of services equivalent to twenty percent (20%) of the outstanding balance. You may course your payment at
the undersigned's address indicated below.

Should you fail to settle the same within ten (10) days from receipt of this letter, I will not hesitate to file civil and criminal cases
against you in which case you will be made to pay not only your indebtedness but also damages and costs of litigation, not to
mention the imposition of the penalties of imprisonment and fine.

Settle this manner as soon as possible.

VCS

Lopez Jaena St., Poblacion,

Cateel, Davao Oriental