Maria Ysabella P.

Marquez QUIZ 1
C37B

1. What is a civil obligation? Differentiate from a natural obligation?

Civil Obligations are based on positive laws, while Natural Obligations are not based on
positive law but rather are based on equity and natural law. However, to expand more on their
definition, Civil Obligations are obligations that give to the creditor or obligee a right of action
under the law which may be enforced in courts of justice. On the other hand, Natural Obligation
does not give the right to enforce the performance before the courts but after the voluntary
fulfillment has been made by the debtor, the law allows for the retention of what has been willingly
given or rendered.
2. What are the elements of an obligation? Explain each
The elements of an obligation includes: Passive subject (debtor), Active subject (creditor),
Prestation or Object, and Juridical tie. A passive subject is someone who is bound to fulfill the
obligation or in simpler definition, the person who has a duty. On the other hand, Active subject
is a person who is entitled or has the right to demand the fulfillment of the obligation. In addition,
the element prestation or object is the conduct which is required to be observed by the debtor. It
may also consist of giving, doing, or not doing. Furthermore, Juridical tie binds the parties (passive
or active) to the obligation.
3. What are the remedies when an obligation is breached? Explain each and give an
example.
When an obligation is breached by the debtor or the debtor fails to perform any of the
obligations the creditor can legally demand its performance by asking for remedies under the law
which consists of either Specific performance and Rescission. Specific Performance is legally
demanding from your debtor to perform the obligation. It may be done extrajudicially or judicially.
An example would be the seller is obliged to deliver a laptop to the buyer while the buyer’s
obligation is to pay for the laptop. However, if the seller failed to deliver the item, the buyer then
can demand that the seller should deliver the laptop. On the other hand, Rescission is legally
canceling the obligation so that there will be no obligation from any of the parties. For instance,
the debtor failed to comply with his obligation of delivering the car to the creditor. The creditor
then has the power to cancel his order due to failed performance of the debtor.
4. What are the different kinds of obligations? Explain and give an example for each.
Different kinds of obligations consist of Pure and Conditional Obligation, Obligations with
a period or term, Alternative and Facultative Obligations, Joint, Solidary, Divisible, Indivisible,
and Obligations with a Penal Clause. Pure Obligations are obligations whose performance is not
dependent upon a condition or a period thus, it is demandable at once. For instance, Sam promises
to give Mark 10,000 pesos in demand. The obligation then is demandable as there is no condition
and date that is mentioned for its performance. Conditional Obligations are obligations that are
effectively subject to the fulfillment of a condition. It is an obligation with a condition wherein the
happening of a condition may give rise to the obligation (suspensive condition) as well as
extinguishment (resolutory obligation). In addition, condition under the law is the effectivity or
extinguishment of an obligation arising subject to it depending on two requisites: future and
uncertain events as well as past but unknown to the parties. An example of this matter is when
Jimmy promises to give Zei a brand-new car if Zei will pass her exam tomorrow thus, Jimmy is
not liable until the condition happens.
Obligations with a period are obligations whose demand or extinguishment depends on the
arrival of a period. An example would be Jimmy will pay Zei 20php everyday until the end of the
month.
Alternative Obligations are obligations where various prestations are due but the performance
of only one is sufficient. For instance, the debtor is obliged to deliver a pencil, eraser, and scissors.
This distinguishes that several prestations are due however the performance of only one thing such
as the pencil is sufficient to the fulfilment of the obligation. Facultative Obligation is an
obligation where there is only one prestation that is due, but the debtor may render another in
substitution. For instance, Jimmy is obliged to give a specific bag to Zei with the agreement that
Jimmy may deliver a specific wallet as a substitute.
Joint Obligation discusses that each debtor is liable only to a proportionate part of the debt,
and each creditor is entitled only to a proportionate part of the credit. Thus, to keep it short,
performance of a debtor is separate from the performance of other debtors. An example of this is
when Jimmy and Zei are indebted to John for 10,000php. Jimmy and Zei then are only liable for
their proportional part which is the amount of 5,000php for both debtors. Solidary Obligation is
defined as the obligations where any of the solidary creditors may demand entire compliance with
the obligation and any of the debtors may extinguish the obligation by paying the full amount due.
Thus, the act of one is the act of all. For example, Jimmy and Zei are solidary debtors that are
indebted to Rose for 10,000php. Since Jimmy and Zei are solidary debtors, Rose has the right to
collect or demand 10,000php payment from either Jimmy or Zei.
Divisible Obligation is an object or prestation that is capable of partial performance or
fulfillment, hence, can be performed in parts. For instance, Jimmy agreed to pay Zei 20,000php in
three equal monthly installments wherein this obligation is determined to be divisible as it is
capable of partial fulfillment. On the other hand, Indivisibility Obligation is an object or
prestation which is not capable of partial performance or fulfillment. An example of this matter is
Jimmy is obliged to deliver a specific car to Zei in which the delivery of the car should be
performed as a whole to the creditor or the obligation should be indivisible.
Furthermore, the Obligation with a Penal Clause is an obligation with an accessory
undertaking that if the debtor fails to comply, he will therefore be liable to pay a penalty in order
to ensure the performance of the obligation, liquidate the damages, and to punish the debtor for
failing to comply with his obligation. Giving an example of this kind of obligation is when Jimmy
and Zei had an agreement that Jimmy will construct the house for Zei. However, Jimmy did not
construct the house, as a result, Zei suffered damages in the amount if 50,000.
 5. Explain the concept of rescission. Give an example.
Rescission is the cancellation of the obligation with the purpose that there will be no
obligations anymore from any of the parties. This happens when there is a breach of an obligation.
Article 1191 can be applied in the concept of rescission wherein the power to rescind is implied in
reciprocal obligation once there is a failure to perform the obligation. For instance, Jimmy went to
a restaurant and ordered lobster. This results that Jimmy and the restaurant both having obligations
wherein the restaurant is obliged to deliver Jimmy the lobster while Jimmy has the obligation to
pay for his order. However, after 1 hour of waiting, still, the lobster hasn’t been served yet hence,
Jimmy cannot wait further anymore for his order, therefore, he can legally cancel his own
obligation to pay with the power of rescission due to the restaurant’s failure to perform the
obligation to Jimmy.
6. In a solidary obligation, when one of the debtors is called to pay the obligation, what
are his rights? Explain
This situation applies within Article 1217 which gives rights to the effect of payment by a
solidary debtor. If payment is made by one of the solidary debtors then the obligations are
extinguished. The creditors have the right to choose which offer to accept if more than two solidary
debtors offer to pay. In relation, the solidary debtor has the right to be considered as the creditor
of his co-debtors for his portion of the debt after he has paid his debt. However, if the debtor fails
to pay due to insolvency, then there is a right to reimbursement.
7. In a solidary obligation, may a paying debtor be subrogated to the rights of the original
creditor? Explain
In a solidary obligation, a paying debtor is not considered to be subrogated to the rights of
the original creditor. This is due to the existence of the right of reimbursement. It is also highlighted
in Article 1302 that it does not constitute the third party into a new creditor even as making a
payment to the creditor. Thus, he can only demand reimbursement from the original debtor for
what he has given to the creditor.
8. A, B and C owe X, Y and X the sum of P100,000.00. The parties did not agree as to what
kind of obligation they contracted. What kind of obligation did they contract? Explain.
The kind of obligation contracted in the situation is a Joint Obligation because no
agreement has been made resulting in the three debtors paying an equal amount to the three
creditors. A, B, and C are liable to pay for a proportionate part of the debt to the creditors, which
is P33,333.33 (cannot exceed unless it is agreed by the debtors or creditors) which is equivalent to
the sum of P100,000.00 amount.
9. a.) True or False? The creditor acquires real rights over the thing from the moment the
thing is delivered and not from the time the obligation to deliver it arises. (Explain why)
The said statement is true since real rights are given to the creditor the moment the creditors
have acquired it as it is stated in Article 1164 of Nature and Effect of Obligations that the creditor
has a right to the fruits of the thing from the time the obligation to deliver it arises. However, there
are no real rights over the thing unless it has been delivered to the creditor. Furthermore, this also
associates when there is an obligation to give a thing, then fruits, accessories, and accessions of
that certain thing should be delivered.
b) True or False? If the obligation depends upon the sole will of a third person the obligation
is voidable. (Explain why)
The said statement is false since according to Article 1182 the conditional obligation shall
be void when the fulfillment of the condition depends upon the sole will of the debtor. If it depends
upon chance or upon the will of a third person, the obligation shall take effect in conformity with
the provisions of this Code. Moreover, the article did not mention that the obligation is considered
voidable when it is dependent upon the sole will of a third person but rather is valid or voidable if
the situation was a casual or mixed condition as it is dependent upon chance or on the will of a
third person.
10. Efren obliged to deliver 24 cases of softdrinks to Darna on Christmas Day 2021. On
Christmas Day, Efren was only able to deliver 20 cases of softdrinks to Darna, which Darna
saw and accepted without any objections. Which of the following is correct? Explain your
answer.
a. Darna may rescind the obligation and ask for the value of the 24 cases plus damages from
Efren.
b.Darna may ask for specific performance from Efren to deliver the remaining cases with
damages.
c. With the acceptance of Darna, the obligation of Efren was deemed complied.
d. The obligation of Efren is not extinguished and he is obliged to deliver the remaining cases
without any damages.
Among all the choices presented, the correct answer for the situation would be the
obligation of Efren was deemed complied with the acceptance of Darna because Darna did not
legally demand performance by asking for either of the remedies (specific performance or
rescission) when she received only 20 cases rather than 24 cases. Even though the obligation failed
to deliver the whole 24 cases, the obligee is willing to accept the offer without any objections
included hence, giving rise to extinguishment.