F. 1. The delivery of something or anything Art. 1243.

Payment made pays the creditor after a judicial order

It must be licit and may be the prestation of a valid to the creditor by the for debtor to retain the debt.
within the commerce of obligation. debtor after the latter
men. has been judicially
F. Contract 2. The source of obligation of a school for ordered to retain the
injuries suffered by a student who was debt shall not be valid
mauled inside the campus by a stranger T 11. The obligation arising from a contract of
is quasi-delict. loan is unilateral.
F. Not liable to pay 3. A son-in-law who brings his mother-in- T. 12. It is essential in bilateral reciprocal
(under 2167, yung law to a hospital for treatment shall be obligations that both arise from the
mother-in-law general liable under the law to pay for the same source.
rule) hospital bills. F. Not cyclic 13. An obligation arising from a contract of
T 4. An obligation based on quasi-delict may commodatum is an example of cyclic
arise from the performance of a obligation.
contract. T. 14. A divisible obligation is susceptible of
F. Obliged is the general 5. The officious manager in negorotium partial performance.
rule under 2144. (EXC: gestio has no obligation to the owner if F. Integrity of obligation. 15. Identity of obligation requires that the
This juridical relation he acts in good faith. performance must be complete.
does not arise in either F. Specific lang. 16. In obligations to give specific/generic
of these instances: things, the obligor must perform in GF
(1) When the property or the principal and all accessory
business is not obligations.
neglected or T 17. As a general rule, an obligation to do
abandoned; may be performed by another at the
(2) If in fact the manager debtor's expense.
has been tacitly T 18. There is no legal accessory obligation
authorized by the in an obligation not to do.
owner.) F. 19. An obligation not to do can be
T 6. A moral obligation is also referred to as performed by a delegate.
an imperfect obligation because it has F. Action may be filed 20. Any action for a breach of an obligation
no legal consequence. based on the principle of is premature if there is no actual breach
F. Civil lang. Natural 7. Civil and moral obligations may become anticipatory breach as upon the expiration of the prescribed
obligation there is a natural obligations. enunciated in the case period for performance.
juridical tie and may of Blossom and Co. vs
legal effect if voluntarily Manila Gas Corp.
fulfilled. Sa moral, wala. F. Recovery of damages 21. Fraud in the performance of contractual
T 8. A civil obligation that lapsed by obligation may result to an annulment of
extinctive prescription ipso facto the contract.
becomes a natural obligation. F. Annulment of contract 22. Fraud in the performance of an
T 9. A civil obligation arises when a minor is only a remedy in dolo obligation and deceit in celebration of a
who has entered into a contract w/o the incidente (one contract are similar in the sense that an
consent of parent/guardian voluntarily committed in the action for annulment is a common
pays a sum of money in fulfillment of performance of an remedy.
the obligation and obligee has spent it obligation).
in gf. F. Prohibition only refers 23. A cause of action based on fraud
F. Civil obligation. 10. A natural obligation arises when debtor to future fraud. committed in the execution of an

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 obligation cannot be waived. extinguished. condition, the obligation becomes
F. Only positive 24. There could be delay in the effective upon lapse of the time
obligation. performance of a negative obligation. indicated or when it becomes evident
the event cannot occur.
T 25. There is no delay in the performance of T. 37. The loss of the thing due pending the
alternative obligations. happening of a suspensive condition
F. 26. In an obligation not to do, there could will give the creditor the right to rescind
be specific performance. w/ damages.
T 27. An unpaid seller may avail of F. Unless deterioration 38. The detoriation of the thing due pending
extrajudicial remedies for breach of is due to the fault of the the happening of a suspensive
buyer's obligations. debtor. condition will give the creditor thte right
T 28. Mechanical defects of a vehicle and tire to rescind w/ damages.
blowout are not fortuitous events. F. 39. A single breach is sufficient for the
F. Carnapping per se 29. Carnapping per se is a fortuitous event. rescission of an installment sale of a
does not foreclose the movable.
possibility of negligence T. 40. A single breach is not sufficient for the
on the part of the owner rescission of the installment sale of an
or possessor of the car immovable.
(Sicam vs Jorge, 2007 T. 41. Rescission under 1191 applies only to
case) reciprocal obligations.
F. The obligation was 30. If debtor promised to deliver a big T. 42. Rescission under 1191 may be refused
generic. carabao to creditor/agent, the death of by the court.
debtor's 1 and only big carabao in a F. A period is a day 43. A period may refer to a past unknown
flood extinguished his obligation. certain and must event because even if unknown, it
T 31. The unreasonable suspension of a necessarily come, already happened.
bank's operations by CB may be a although it may not
Government prohibition fortuitous event to excuse the bank know when. ( par 3, Art
is a fortuitous event. from performing its obligation to a 1193)
depositor. T. 44. The creditor may reject advance
F. 32. An impossible condition shall not affect payment in an obligation w/ a period.
the validity of an onerous or gratuitous T. 45. There is no retroactivity in an obligation
It shall affect. obligation. subject to a resolutory condition.
T. 33. The imposition of a potestative F. Under Art 1200 The 46. If the debtor in an alternative obligation
resolutory condition will not affect the right to choose belongs does not choose, the creditor may
validity of the obligation. to the debtor unless choose the prestation to be delivered.
F. Under Art 1188, the 34. Pending the happening of a suspensive expressly granted to the
creditor may, before the condition, the creditor could not avail of creditor.
fulfillment of the any action against the debtor. T. 47. In an alternative obligation, the election
condition, may bring becomes operative only when
appropriate actions for communicated to the other party.
the preservation of his F. The creditor may 48. If by the debtor's fault all alternative
rights. demand the value of any prestations were lost, the creditor may
T 35. The debtor may recover what he pays object lost BUT not if the demand the value of any object lose
voluntarily before fulfillment of the first object was lost even if the first object was lost through
condition. through fortuitous a fortuitous event.
F. The obligation will be 36. In case of a positive suspensive event.

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 F. Art. 1245 Dacion is 49. The rules applicable to facultative F. Under Cuizon vs. CA, 59. A court can stipulate for the parties or
governed by law on obligations are the asme as the rules on it is not in the province amend the agreement where the same
sales. (p. 246 Jurado dation in payment. of the court to alter a contravents law, morals, good customs,
Oblicon. contract by construction public order or policy.
In facultative, right of or to make a new
choice pertains to contract for the parties.
debtor. In dacion, Its duty is confined to
consent of creditor is the interpretation of the
needed. one which they have
F. In facultative 50. The choice to substitute in a facultative made for themselves
obligations, the right of obligation may be given to the creditor. without regard to its
choice pertains only to wisdom or folly as the
the debtor. It is in court cannot supply
alternative obligations material stipulations or
where the right of choice read into the contract
may pertain to the words which it does not
creditor or a third contain. (p. 812 Jurado
person. Reviewer)
F. 51. In a solidary obligation, there is mutual T. 60. Robbery may be considered a fortuitous
agency among debtors. event.
T. 52. An obligation is a juridical necessity to F. In Tan Chiong case, 61. When the negligence of a person
do or not to do, to give or not to give. when the negligence of concurs w/ the act of God in producing
T. 53. Obligations arising from valid, voidable the carrier concurs with a losee, such person is exempt from
and rescissible contracts have the force an act of God producing liability by showing that the immediate
of law between the contracting parties loss, the carrier is not cause of damage was the act of God.
and should be complied w/ in GF. exempted from liability
F. Art. 1423 54. Exceptionally, natural obligations can by showing the
be enforced by court action to prevent immediate cause of the
unjust enrichment. damage was the act of
F. Art. 1423. Natural 55. Civil obligations derive their binding God. When the loss is
obligations are based on force from positive law, while natural caused by the act of
equity and natural law from divine law. God, if the negligence of
F. 56. A driver of a car, who was not able to the carrier mingles with
control the car due to negligent act of it as an active and
truck driver in encroaching upon his cooperative cause, he is
lane is liable for damages for injuries still liable (p. 89 Jurado
suffered by the passengers of a Oblicon). To constitute a
jeepney it hit. fortuitous event that
F. 57. In order that demand may not be would exempt a person
necessary, it is required that the from responsibility, it is
obligation or the law expressly states necessary: that xxx (4)
the demand shall not be necessary. the obligor (debtor)
F. Art. 1174 provides, 58. 1174 exempts an obligor from liability must be free of
also, those though on account of fortuitious events or force participation in, or
foreseen but are majeure, refers only to unforseeable aggravation of the injury
inevitable. events. to the creditor.

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 F. Dolo incidente refers 62. Dolo incidente or incidental fraud must
to deceptions not
serious in character and
without which the other
party would still have
entered into the
contract.
T 63. One who negligently creates a
F. Not liable for the 64. Where a natural disaster is hte only and
‘entire’ loss. Article
1739. In order that the
common carrier may be
exempted from
responsibility, the
natural disaster must
have been the proximate
and only cause of the
loss. However, the
common carrier must
exercise due diligence
to prevent or minimize
loss before, during and
after the occurrence of
flood, storm or other
natural disaster in order
that the common carrier
may be exempted from
liability for the loss,
destruction, or
deterioration of the
goods. The same duty is
incumbent upon the
common carrier in case
of an act of the public
enemy referred to in
article 1734, No. 2.
Article 1741. If the
shipper or owner merely
contributed to the loss,
destruction or
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deterioration of the
be serious and w/o which the other goods, the proximate
party would still have entered the cause thereof being the
contract. negligence of the
common carrier, the
latter shall be liable in
damages, which
however, shall be
dangerous condition cannot escape equitably reduced.
liability for the natural and probable F. Art. 1176 provides 65. The receipt of the principal by the
consequences thereof, although the act “shall give rise to the creditor, w/o reservation w/ respect to
of a 3rd person, or an act of God for presumption”. Not the interest, shall give rise to a
which he is not responsible intervenes “conclusive conclusive presumption that said
to precipitate hte loss. presumption.” There interest has been paid.
only arises a disputable
proximate cause of a loss, the failure of presumption. (p. 102
a common carrier to exercise due Jurado Oblicon)
diligence to minimize loss before T 66. The person using violence or causing
during, and after the occurence of a fear to make another perform a criminal
natural disaster, shall make it liable for act, shall be primarily liable for the civil
the entire loss. obligation arising therefrom.
F. Art. 1166. Obligation 67. The obligation to give a determinate
to give a determinate thing includes that of delivering all the
thing includes that of accessions and accessories only if they
delivering all its have been mentioned.
accessions and
accessories, even
though they may not
have been mentioned.
F. Art. 1182. When the 68. When the fulfilment of the condition
fulfilment of the depends on the sole will of debtor or
condition depends upon creditor, obligation shall be void.
the sole will of the
debtor, the conditional
obligation shall be void.
T. 69. Before the resolutory condition
happens, the party who has a right is
practically in the same position as one
who has an obligation subject to
suspensive condition.
T 70. If the improvement was at the expense
of the debtor, he shall have the same
rights as a usufructuary.
F. The student is in 71. For purposes of liability, the school
custody of the school exercises custody over a minor student
authorities as long as he doing his assignment at Starbucks.
4
 is under the control and
influence of the school
and within its premises
(Amadora vs. CA); They
are at attendance in the
school, including recess
time.
F. Art. 1163. Every 72. A travel agency must observe EO
person obliged to give
something is also
obliged to take care of it
with the proper diligence
of a good father of a
family, unless the law or
the stipulation of the
parties requires another
standard of care.
Art. 1173 (2nd par) If the
law or contract does not
state the diligence which
is to be observed in the
performance, that which
is expected of a good
father of a family shall
be required.
F. Art. 1169. Those 73. There is no delay when a lessee, who
obliged to deliver or to
do something incur in
delay from the time the
obligee judicially or
extrajudicially demands
from them the fulfilment
of their obligation.
F. 74. A property owner may file an action for
In obligation to do, no
specific performance.
T. 75. If time is of the essence, the creditor
T 76. A donation made to 3rd party a year
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diligence in performing its obligation to
process travel docs.
failed to pay his monthly rent for 10
mos, pays immediately upon demand.
specific performance against
contractor who fails to commence
construction within a reasonable period
of time after signing of the contract
even if no specific period was agreed
upon.
may rescind the obligation even if the
debtor is ready to perform a day after
the designated period.
before the obligation of debtor to
creditor was established cannot be
rescinded.
F. Fortuitous event is an 77. A collision of a barge w/ a bridge
event which could not support of Ayala bridge along Pasig
be foreseen or which river is a fortuitous event.
though foreseen, were
inevitable. It does not
fall within the meaning
of FC.
T 78. Throwing of stones by mischievous
boys which broke the windshield of a
taxi causing it to turn turtle is a valid
defense against liability of injuroes
suffered by a passenger.
T 79. The standard precautionary release of
waters of a dam to avoid spillover is a
valid defense against flood damage
claims.
Enumeration:
• Instances when a debtor is liable notwithstanding a fortuitous event
1. Expressly declared by law
2. Obligor or debtor delays
3. O/D promised to the same thing to 2 or more persons who do not have the
same interest
4. Obligor is at fault
5. Stipulation or agreement that the obligor will not be excused even if the cause
is fortuitous event
6. Assumption of risk
7. Generic thing to be delivered
• Requisites of mora solvendi.
1. Positive obligation
2. Demandable and liquidated obligation
3. Delay by obligor for reasons imputable to him
4. Demand extra or judicial
• Instances when consignation may be made without tender
1. Creditor to whom tender of payment has been made refuses without just cause
a to accept it
2. Creditor is absent or unknown, or does not appear at the place of payment;
3. Creditor is incapacitated to receive the payment at the time it is due;
4. Creditor refuses to give a receipt, without just cause
5. 2 or more persons claim the same right to collect;
6. Title of the obligation has been lost.
• Requisites of payment by cession.
1. 2 or more debts
2. 2 or more creditors
3. 1 insolvent debtor
4. Abandonment by debtor of his properties in favor of creditors
5. Acceptance of creditors
• Instances when penalty can be equitably reduced (7)
5
 o Partial performance or irregular performance
o Iniquitous or unconscionable penalty agreed upon
• Instances when law provides a direct action against the debtor's debtor (4)
(Requisites of subrogatory ba to?)
o Creditor has a right of credit against the debtor although not yet liquidated
o Due and demandable credit
o Failure of debtor to collect from 3rd persons or debtor of debtor
o Insufficient assets of debtor
o Rights and actions are not purely personal
• Distinction between rescission of contracts in fraud of creditor and
rescission/resolution under art 1191 (6)
Resolution 1191 Rescission 1380
Valid and existing contracts Same
1 party to the contract demands Party suffering lesion or 3rd party
prejudiced demand
Non performance is a ground Equity grounds
Court determines sufficiency o Sufficiency of reason does not affect
reason to justify extension of time to right to ask for rescission
perform obligation
Reciprocal obligations Unilateral or reciprocal
Principal remedy Subsidiary remedy
• Requisites of application of rule on fortuitous events (4)
1. Independent of the human will or at least of debtor’s will
2. Unforeseen or if foreseen, is inevitable
3. Impossible for debtor to comply w/ his obligation in a normal manner
4. Free from any participation in or aggravation or, the injury to the creditor or no
concurrent negligence on his part↓

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