ObliCon Exam POINTERS: Kinds of delay or default.

They are:
Law Ordinary Delay
- any rule of action or any system of uniformity - merely the failure to perform an obligation on time
- law, in general, determines not only the activities of men as rational beings but
also the movements/motions of all objects of creation, whether animate or not. Legal Delay / Default / Mora
- failure to perform constitutes a breach of the obligation
Nature of Law
2 General Laws (1) Mora solvendi or the delay on the part of the debtor to fulfill his obligation
1. Legal - enforced by state (to give or to do);
2. Non-Legal - not enforced by state (2) Mora accipiendi or the delay on the part of the creditor to accept the
performance of the obligation; and
Subjects of Law (3) Compensatio morae or the delay of the obligors in reciprocal obligations (like
1. Divine Law - law of religion and faith in sale), i.¢., the delay of the obligor cancels the delay of the obligee, and vice-
2. Natural Law - divine inspiration in man versa. The net result is ~ that there is no actionable default on the part of both
3. Moral Law - totality of norms of good and right conduct parties.
4. Physical Law - uniformities of actions and orders of sequence
5. State Law - enforced by state Art. 1174
Except in cases expressly specified by the law, or when it is otherwise declared by
Organization of Courts stipulation, or when the nature of the obligation requires the assumption of risk,
1. Regular Courts - court of appeals, regional trial courts, metropolitan trial no person shall be responsible for those events which could not be foreseen, or
courts which though foreseen, were inevitable.
2. Special Courts - special anti-graft court: Sandiganbayan; part of the juridical
hierarchy Fortuitous Event
3. Quasi-Judicial Agencies - settlement o adjudication or controversies or - any event which cannot be foreseen, or which, though foreseen, is inevitable;
disputes; NLRC, SEC an event which is either impossible to foresee or avoid

Classifications of Law Acts of Man

1. As to its Purpose - event independent obligor’s will but not of other human wills
a. Substantive Law - creating, defining, and regulating rights and duties that - fire, war, robbery, murder
are private or public
b. Adjective Law - remedial/procedural; rights may be enforced or their Acts of God (majeure)
violations redressed - events totally independent of the will of every human being
2. As to its Subject Matter
a. Public Law - regulates rights and duties arising from the relationship of the In our law, fortuitous events and force majeure are identical insofar as they
state to the people exempt an obligor from liability. Both are independent of the will of the obligor.
 Criminal Law - defines crimes and provides for their punishment
 International Law - governs relations among nations or states KINDS OF FORTUITOUS EVENTS
 Constitutional Law - governs relations between state and citizens; 1. Ordinary - common and both parties could foresee; rain
fundamental power of government 2. Extra-Ordinary - uncommon and unforeseeable; earthquake
 Administrative Law - governs methods by which the functions of
administrative authorities are performed Requisites of a Fortuitous event
b. Private Law - regulates relations of individuals with one another for purely 1. Must be independent of human will
private ends 2. Event could not be see or inevitable
 Civil Procedure - provide for the means by which private rights may be 3. Possible
enforced 4. Debtor must be free from any participation

Characteristics of Law Rules as to liability in case of fortuitous event

a. A rule of Conduct - what shall or shall not be done
b. Obligatory - imposing a duty to obey
c. Promulgated by legitimate authority - legislature
d. Common observance and benefit - by man to serve man
Sources of Law
1. Constitution - fundamental law; promulgated by people
2. Legislation - enacted law; declaration of legal rules by competent authority
3. Administrative or Executive - issued by administrative officials under
legislative authority
4. Judicial Decisions or Jurisprudence - doctrine of precedent; decisions of
Supreme Court
5. Custom - long usage of habits and practices that have become acknowledged
and approved
6. Other Sources - added principles; not binding on the courts
Obligation (latin word Obligatio; tying or binding)
- recognized by law by virtue of which one is bound in favor of another to render
something
SOURCES OF OBLIGATIONS
1. Law - imposed by law itself
2. Contracts - arise from the stipulation of the parties
3. Quasi-Contracts - none will unjustly benefit at expense of another
4. Acts / Crimes - from civil liability consequence of criminal offense
5. Quasi-Delicts / Torts - damage without contractual relation exists
REQUISITES OF AN OBLIGATION
1. Passive Subject (debtor or obligor) - bound to fulfillment; has a duty
2. Active Subject (creditor or obligee) - entitled to demand fulfillment; has a right
3. Object/Prestation (subject matter) - conduct required to be observed by the
debtor
4. Juridical or Legal Tie (efficient cause) - binds or connects parties to the
obligation
1. When expressly specified by law
a. Debtor is guilty of fraud, negligence, delay, or contravention
b. Promised to deliver same thing to 2 ppl w/o common interest
c. Obligation to deliver a specific thing arises from crime
d. The thing to be delivered is generic
2. When declared by stipulation
3. When the nature of obligation requires the assumption of risk
2 Principal Kinds of Condition
1. Suspensive Condition (precedent or antecedent)
- fulfillment will give rise to obligation
- damandability is suspended until happening of event
- If the first does not take place, the tie of the law (juridical or legal tie)
does not appear
- Until the first takes place, the existence of the obligation is a mere
hope
2. Resolutory Condition (condition subsequent)
- fulfillment will extinguish an obligation already existing
- the tie of law is consolidated
- its effects flow, but over it hovers the possibility of termination.
When obligation is demandable at once
1. When it is pure
2. When it is subject to a resolutory condition
3. When it is subject to a resolutory period
DIFFERENT KINDS OF FRUITS
1. Natural Fruits - spontaneous products of soil and animals
2. Industrial Fruits - produce by lands through cultivation or labor
3. Civil Fruits - derived by virtue of a juridical relation
T/F (keywords)
a. Active Subj - F
b. Obligatio means tying or binding - T
c. Indeterminate thing (class or genus) - T
d. Form of Obligation is only written - F
e. Fraud is defined as the failure to observe for the protection of the interests of
another person, that degree of care, precaution and vigilance which the
circumstances justly demand, whereby such other person suffers injury.- F
f. Condition is a future and certain event, upon the happening of which, the
effectivity or extinguishment of an obligation subject to it depends. - F
g. There is quasi-delicts or torts when they arise from lawful, voluntary and
unilateral acts which are enforceable to the end that no one shall be unjustly
enriched or benefited at the expense of another. - T
h. A thing is generic or indeterminate when it refers only to a class or genus to
which it pertains and cannot be pointed out with particularity. - T
i. Those who in the performance of their obligations are guilty of fraud,
negligence, or delay and those who in any manner contravene the tenor thereof,
are liable for damages. -T
j. Responsibility arising from fraud is not demandable in all obligations. Any
waiver of an action for future fraud is valid. - F
k. The condition shall be deemed fulfilled when the obligor voluntarily prevents
its fulfillment. - T
l. The debtor shall lose the right of choice when among the prestations whereby
he is alternatively bound, only one is practicable. - T
m. The indivisibility of an obligation does not necessarily give rise to a solidarity.
Nor does solidarity of itself imply indivisibility. - T
n. Solidarity may not exist when creditors and debtors may not be bound in the
same manner and by the same periods and conditions. - F
o. Payment by a solidary debtor shall not entitle him to reimbursement from his
co-debtors if such payment is made after the obligation has prescribed or
become illegal. - T
p. Proof of actual damages suffered by the creditor is necessary in order that the
penalty may be demanded. - F
q. The nullity of the penal clause does not carry with it that of the principal
obligation. - T
r. The nullity of the principal obligation does not carry with it that of the penal
clause. - F
IDENTIFICATION
Different Kinds of Obligations (Primary)
1. Pure - not subject to any condition; no specific date; demandable
2. Conditional - consequences are subject to fulfillment of a condition
3. Obligation w/ a Period - effects are subjected to expiration of period
4. Alternative - several prestations are dues but one is sufficient
5. Facultative - only one prestation but debtor may substitute another
6. Joint - obligation is to be paid proportionately by different debtors
7. Solidary - each debtor is bound to render entire compliance
8. Divisible - object is capable of partial fulfillment
9. Indivisible - object is not capable of partial fulfillment
10. Obligation with a Penal Clause - contains an accessory undertaking
11. Natural - spontaneous products of soil and animals
12. Ordinary Delay - merely the failure to perform an obligation on time
13. Law - any rule of action or any system of uniformity
Enumeration
Art. 1157
SOURCES OF OBLIGATIONS
1. Law - imposed by law itself
2. Contracts - arise from the stipulation of the parties
3. Quasi-Contracts - none will unjustly benefit at expense of another
4. Acts / Crimes - from civil liability consequence of criminal offense
5. Quasi-Delicts / Torts - damage without contractual relation exists
Art. 1169
When demand is not necessary to put debtor in delay:
1. When obligation so provides - arrival of the period-demandable
2. When the law so provides - taxes, fruits of the thing
3. When time is of essence - performance after no longer beneficial
4. When demand would be useless - impossible to perform obligation
5. When there is performance by a party in reciprocal obligations
Case Study/Problem (Yes/No, because under the law…)
Art. 1157
SOURCES OF OBLIGATIONS
1. Law - imposed by law itself
2. Contracts - arise from the stipulation of the parties
3. Quasi-Contracts - none will unjustly benefit at expense of another
4. Acts / Crimes - from civil liability consequence of criminal offense
5. Quasi-Delicts / Torts - damage without contractual relation exists
Art. 1160
Quasi-Contract
- voluntary and unilateral acts; no one will be unjustly enriched or benefited at
the expense of another.
KINDS OF QUASI-CONTRACT
1. Negotiorum Gestio - voluntary management of the property or affairs of
another without the knowledge or consent of the latter
2. Solutio Indebiti - when something is received when there is no right to
demand it and was unduly delivered through mistake
 There is no right to receive the thing delivered
 The thing was delivered through mistake
3. Others - when recovery cannot be had on a true contracts, recovery may be
allowed on the basis of a quasi-contract
Art. 1169
When demand is not necessary to put debtor in delay:
1. When obligation so provides - arrival of the period-demandable
2. When the law so provides - taxes, fruits of the thing
3. When time is of essence - performance after no longer beneficial
4. When demand would be useless - impossible to perform obligation
5. When there is performance by a party in reciprocal obligations
M/C
1. Law - Any rule of action or any system of uniformity.
2. It is not obligatory - Which is not a characteristic of law.
3. Not to do - An obligation is a juridical necessity to give, to do or __________.
4. Passive subject - It is the person who is bound to the fulfillment of the
obligation; he who has a duty.
5. Active Subject - A person who is entitled to demand the fulfillment of the
obligation; he who has a right.
6. Natural Fruits - It is a spontaneous products of the soil, and the young and
other products of animals.
7. Mora Accipiendi - It is a delay on the part of the creditor to accept the
performance of the obligation.
8. Legal Delay - It is the failure to perform an obligation on time which failure
constitutes a breach of the obligation.
9. Fortuitous Event - It is an event which cannot be foreseen, or which, though
foreseen is inevitable.
10. Pure Obligation - It is one which is not subject to any condition and no
specific date is mentioned for its fulfillment and is, therefore, immediately
demandable.
11. Conditional Obligation - Is one whose consequences are subject in one way
or another to the fulfillment of a condition.
12. Suspensive Condition - It is one the fulfillment of which will give rise to an
obligation.
13. Positive Condition - The condition that some event happen at a determinate
time shall extinguish the obligation as soon as the time expires or if it has
become indubitable that the event will not take place.
14. Obligation with a Period - It is a kind of obligation whose effects or
consequences are subjected in one way or another to the expiration or arrival of
said term or period.
15. Alternative Obligation - It is a kind of obligation wherein various prestations
are due but the performance of one of them is sufficient as determined by the
choice which, as a general rule, belongs to the debtor.
16. Facultative Obligation - It is one where only one prestation has been agreed
upon but the obligor may render another in substitution.
17. Joint Obligation - It is one where the whole obligation is to be paid or fulfilled
proportionately by the different debtors and/ or is to be demanded
proportionately by the different creditors.
18. Divisible Obligation - It is one the object of which, in its delivery or
performance, is capable of partial fulfillment.
19. Solidary Obligation - It is one where each one of the debtors is bound to
render, and/ or each one of the creditors has a right to demand from any of the
debtors, entire compliance with the prestation.
20. Indivisible Obligation - It is a kind of obligation where the object of which, in
its delivery or performance, is not capable of partial fulfillment.
21. Obligation with a Penal Clause - It is a an accessory undertaking attached to
an obligation to assume greater liability in case of breach.