SBC-M
AY: 2015 - 2016
First Meeting: December 10, 2015 1. What What is an obli obligat gation ion? ?
1156. An obligation is a juridical necessity to give, to do or not to do. 2. What are the the kinds kinds of obligatio obligations? ns?
a. Civil Civil Obligat Obligation ions s – those those that give give a right right of action to compel their performance. b. atu atura rall Obli Obliga gati tion ons s – thos those e not not bein being g based on positive la! but on e"uity and natural la!, do not grant a right of action to enfo enforc rce e thei theirr perf perfo orman rmance ce by the the obligor obligor,, authori# authori#e e the retention retention of !hat !hat has been delivered or rendered. $1%&'(
3. Does the the definiti definition on of an obligat obligation ion in in rt. rt. 115! 115! co"e co"ers rs the the t#o t#o kind kinds s of obligations?
o, o, the the defi defini niti tion on of an obli obliga gati tion on in Art. Art. 1156 does not cover the the t!o t!o )in )inds of obligatio obligations. ns. An obligation obligation according according to Art. 1156 1156 is a juri juridi dica call nec necessi essity ty,, only only Civi Civill Obligations has juridical necessity. $. What are the the so%rces so%rces of obliga obligation? tion?
115*. Obligations arise from+ $1( a!$&( Contracts$'( uasi/Contracts-
a. b. c. d.
assive assive 2ubject 2ubject – debtor debtor or obligor obligor Active Active 2ubje 2ubject ct – credi creditor tor or or oblige oblige 3uridi 3uridica call 4ie – effi efficie cient nt caus cause e Objec Objectt or restat restation ion – subjec subjectt matter matter of the obligation
!. What What is is a cont contrac ract? t?
1'5 1'5.. A cont contra ract ct is a meeti eeting ng of minds inds bet!e bet!een en t!o perso persons ns !here !hereby by one one binds binds himself, !ith the respect to the other, to give something or to render some service. (. What What are the essen essentia tiall element elements s of a contract?
a. Consent Consent of the the Contra Contracting cting arties arties b. Objec Objectt of the Contr Contract act c. Caus Cause e of the the Obl Oblig igat atio ion n ). When When does does conse consent nt e*ist e*ist? ?
1'1. Consent is manifested by the meeting of the offer offer and and the accepta acceptance nce upon the thing and the cause !hich are to constitute the contract. 4he offer must be certain and the acceptance absolute. A "ualif lified acceptance constitutes a counter/offer. +. What What is is an agreem agreement ent? ?
An agreeme agreement nt is an informal informal arrange arrangemen mentt bet! bet!ee een n t!o t!o or mo more re part partie ies s that that is not not enforceable by la!. 10. and and are are lo" lo"ers. -he -he dec decided to go on a date this /%nda at 11am. #as late. an s%e for breach of contract?
$%( Acts or Omissions punished by la!$5( uasi/0elicts 5. What What are the the esse essent ntia iall re&%i re&%isi site tes s of an 'bligation?
Option 1+ 7t shall depend !hether or not the agreement constituted really resulted into a contract. Opt Option ion &+ 2inc ince there ere is no la! la! in this his particular case, there is no cause of action.
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AY: 2015 - 2016
What is a %asiontract?
&1%&. Certain la!ful, voluntary and unilateral acts give rise to the juridical relation of a "uasi/contract to the end that no one shall be unjustly enriched or benefitted at the e8pense of another. 12. Disting%ish a %asiontract from a ontract. %asiontract Created by la! to avoid unjust enrichment 9nilateral Acts o meeting of minds
ontract Created by the meeting of minds of t!o or more persons :ilateral Acts ;eeting of minds is re"uired
13. What are the 3 eneral once4ts on %asiontracts?
a. egotiorum
and
'missions
4hese are felonies = crimes defined and punished in the >evised enal Code or in 2pecial enal a!s. 15. What is the D%al haracter of rimes?
a. Offense against the 2tate because of the disturbance of social order. b. Offense against a rivate erson injured by the crime. 1!. What is iabilit?
the
conce4t
of
i"il
<>+ ?very person criminally liable for a felony is also civilly liable. $Art. 1, >C( ?>+ 1. @ictimless Crimes &. light to ?nemy Country 1(. When is a 4erson criminall liable onl?
4reason, >ebellion, ?spionage, Contempt,
4he presence of e8empting circumstances !ill e8empt the perpetrator from criminal liability but not from civil liability. $Art. 1', >C( a. Bhen the offender is an imbecile or an insane personb. Bhen the offender is under 15 years of agec. Bhen the offender acts under the compulsion of an irresistible forced. Bhen the offender acts under the impulse of an uncontrollable feare. Bhen the offender in order to avoid an evil or injury does not actOthers+ f. uasi/0elicts g. Accessories !ho are e8empt from criminal liability. 4he penalties prescribed for accessories shall not be imposed upon those !ho are such !ith respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives
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by affinity !ithin the same degrees, !ith the single e8ception of accessories falling !ithin the provisions of paragraph 1 of the ne8t preceding. $Art. &, >C( 1+. What are incl%ded in the i"il iabilit of rimes? 6estit%tion – of the thing itself must be made !henever possible even !hen found in the possession of a third person e8cept !hen ac"uired by such person in any manner and under the re"uirements !hich by la!, bar an action for its recovery. $Art. 15, >C(
6e4aration – the Court shall determine the amount of damage, ta)ing into consideration the price of the thing, and its special sentimental value to the injured party. $Art. 16, >C(
7ndemnification 8 includes not only those caused to the injured party but also those suffered by his family or by a third person by reason of the crime. $Art. 1*, >C( 20.
What is &%asidelict?
defendant and the damage incurred by the plaintiff.
22. Disting%ish a %asidelict from a Delict. %asiDelict
Delict
4here is only negligence. 4he purpose is indemnification. Affects private interest. Civil iability
4here is intent or negligence. 4he purpose is punishment. Affects public interest. Criminal and Civil iability Cannot Compromise
Can Compromise
ault or negligence
1. What is the conce4t of '7' as a la# s%b;ect?
&1*6. Bhoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. 2uch fault or negligence, if there is no pre/e8isting contractual relation bet!een the parties is called a "uasi/delict.
7t is a supplemental to all other la! regarding ho! an obligation can be fulfilled.
21. What are the elements to make a 4erson liable for a %asiDelict?
?8. Orbit, Oblong
a. 4he fault or negligence of the defendant-
3. 7ll%strate the /imilarities and Differences of a at%ral 'bligation and a i"il 'bligation
b. 4he damage suffered by the plaintiff-
c. 4he relation of the cause and effect bet!een the fault or negligence of the
2. What is the etmolog of the #ord
Oble – atin for around
4o – atin to bind
/o%rce
at%ral 'bligation
i"il 'bligation
?"uity and atural a!
ositive a!
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ot ?nforceable enforceable in CO in CO /imilarit :ased on atural a! $. When is at%ral a# considered as ositi"e a#? >nforceabilit
Bhen the natural la! is formali#ed into a legislative enactment. Bhen it can be considered as a basis for any right or obligation of any member of the community. ?8. Constituion, ?os, Administrative Orders 5. Wh is it im4ortant to determine #hether the #rong committed is based on 4ositi"e la#?
Dim gave E& to Danye, a mendicant. Danye accepted it and insulted Dim by saying, your so cheap. 7t is a purely, moral and voluntary act !hich does not give any cause of action.
+. What is rescri4tion?
7t is a mode of ac"uiring or losing o!nership and or rights of action through lapse of time. 10. What are the t4es of rescri4tion? a. Ac"uisitive – Fou ac"uire o!nership or rights of action through the lapse of time.
4o )no! if there is a cause of action based on a violation of an obligation re"uired or unre"uired of a positive la!.
b. ?8tinctive – Fou lose o!nership or rights of action through the lapse of time.
!. 7ll%strate the /imilarities Differences of i"il, at%ral Moral 'bligations.
11. What is the conce4t of @ol%ntar F%lfillment in at%ral 'bligations?
and and
i"il at%ral Moral 'bligation 'bligation 'bligation :ased on atural a! resence of Absence of a ositive a! a ositive a! (. 7ll%strate the Differences of at%ral and Moral 'bligations at%ral 'bligation Moral 'bligation 7n case of voluntary 7n case of voluntary fulfillment, it creates fulfillment, it a civil obligation remains as moral that !ould be based obligation on and enforceable at CO ). i"e an e*am4le obligation.
of
a
moral
7n O, the debtor cannot be compelled thru Court Action but if 0ebtor voluntary fulfills the obligation, it creates a CO. 4he creditor has no! a legal right to retain it and the debtor cannot get it bac). 12. What is the conce4t of @ol%ntar F%lfillment that creates a ne# tie not to do #here debtor cannot get it back?
According to 4olentino, the re"uisites of @ are the ff+ 1. ayment or fulfillment of the obligation is based on debtorGs o!n volition and that he !as not forced or intimidated. &. 0ebtor must have )no!ledge that he has performed an obligation not enforceable in CO. 13. i"e an e*am4le of the obligation e*4ressed rt. 1$2$.
0 o!es C the sum of E1,. under !ritten contract. After 1 years, the debt of
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0 prescribes for failure of C to file the necessary action for the recovery of the same. 7f 0, )no!ing of the prescription, voluntarily pays C, he cannot recover anymore !hat he has paid. He has the moral duty to pay his debt.
A. 7t must not be contrary to a!, morals, good customs, public order and public policy. :. 7t must be determinate or at least determinable. C. 7t must be possible. 0. JJJJ7t must be subject to pecuniary = monetary value.
1$. i"e an e*am4le of the obligation e*4ressed rt. 1$2!.
4here are prestations that cannot be e"uated of monetary value. $e8. >estoring an object, life of persons.. etc(
0 o!es C the sum of E1,. under !ritten contract. After 1 years, the debt of 0 prescribes for failure of C to file the necessary action for the recovery of the same.
?. 4here must be a 3uridical or egal tie. 1+. >n%merate the 9%ridical or egal ties of obligations?
4 pays C after the debt has prescribed !ithout the )no!ledge or consent of 0, but 0 nevertheless reimburses 4, 0 cannot recover !hat he has paid. 15. re the 4ro"isions in 1$2( to 1$30 still a44licable?
o, the age of majority is no! at the age of 1I years. All la!s in conflict !ith such are repealed by >A 6I. 1!. What are the re&%irements for a 4art to be creditor?
A. Civil = 3uridical ersonality
Obligations arise from+ a!Contractsuasi/ContractsActs or Omissions punished by la!- and uasi/0elicts. JJJAccording to the 2agrado Orden v. ACOCO 0octrine, the list in Art. 115* is e8clusive.JJJ
-B76D M>>-7: 9an%ar 1$, 201! 1. Bo# can one concei"e an obligation?
1(. What are the kinds of 'b;ects of 'bligation A restations?
A. 4o give :. 4o do C. ot to do 1). What are the re&%irements of a "alid 4restation?
A person can conceive an obligation by fulfilling its re"uisites !hich include a passive subject, an active subject, an object and the most important !hich is a juridical tie. 2. When does obligation?
a
la#
create
an
4he la! creates an obligation !hen it is a ;andatory 2tatute. ;andatory statute is a statute !hich commands either
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SBC-M positively that something be performed in a particular negatively that something be leaving the person concerned on the matter e8cept to obey.
AY: 2015 - 2016
done, or !ay, or not done, no choice
4he test generally employed to determine !hether a statute is mandatory or directory is to ascertain the conse"uences that !ill follo! in case !hat the statute re"uires is not done or !hat it forbids is performed.
3. When is a la# ambig%o%s?
A la! is ambiguous if it is susceptible to t!o or more interpretations. $. 7n case of do%bt, ho# do can #e inter4ret #hether a la# establishes an obligation?
7t is resolved against the e8istence of the obligation. Obligations derived from la! are not presumed. 5. 7f a la# #as 4assed re&%iring older brothers to s%44ort their o%nger brothers. an a o%nger sister ask s%44ort from her older brother?
o, there is no cause of action. 4he la! cannot be presumed, it has to be e8pressed.
4he stipulations in the contracts are considered as the a! bet!een the parties !hich must be complied in good faith. $@inculum(
4he ;eeting of ;inds of the parties can be in !riting or orally done.
). 7ll%strate the Differences bet#een 'bligations arising from a# and 'bligations arising from ontracts. 'bligations arising from a#
'bligations arising from ontracts
?8pressed
?8pressed or 7mplied
a. 4he arentGs obligation to support their Children b. An !or)erGs obligation to pay ta8es to the
a. Contract of Carriage b. Contract of 2ale c. Contract of ease
+. When is an agreement a contract? !. 7f a la# clearl creates an obligation, it mabe 4ossible that it did not 4ro"ide a manner on ho# it is to be f%lfilled. an there be an obligation arising from la#?
Fes. O:7CO principles are of supplementary nature in innominate contracts. (. What are the conce4ts of 'bligations arising from ontracts?
Only agreements that complies !ith the re"uisites of a contract $Consent, Object K Cause( and that can be enforced in Courts of a! are considered as a contract 10.
When is there onsent?
4here is consent !hen there is a meeting of minds bet!een the parties as !hen the offeror ma)es an offer and such offer is accepted by the offeree. a. 'ffer 8 4he offeror ma)es an offer
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SBC-M b. cce4tance 8 4he Offeree ma)es an acceptance 11.
What are the "ices in consent? orce 7ntimidation @iolence 9ndue 7nfluence
12. What are the re&%isites of a "alid offer? a. 4he offer must be definite. 4he prestation is clear. b. 4he offer must be complete in all aspects that the offeree does not need to )no! any more essential information regarding it.
?8ample+ 0o you !ant to buy this carL 4he offer is definite but it is not complete in all aspects $price, color, engine number, location, brand, etc(. 4here is no juridical tie establish, the la! re"uired completeness for a valid offer. 13. What are the re&%isites of a "alid acce4tance? a. 7t must be unconditional b. 7t must be free from "ualifications 4here must be no deviation from the offer, other!ise it !ill constitute a counter offer.
?8ample of a counter offer+ Dimmy offered Danye to buy her brand ne! H9;;?> &16 model !ith plate number+ ;2 6%%, color HO4 7D, engine number+ &1&'%56, etc., for hp 5, , . cash to be paid tomorro!. Danye accepted the offer but !ith a condition that he !ill pay it ne8t month. 1$. C%mares -oni, Mariel and ianca sti4%lated in a contract that the #o%ld e*change h%sbands e"er
AY: 2015 - 2016 #eekend. ianca breached their agreement beca%se she said that -onis h%sband #as not good in bed. 7s there a ca%se of action for breach of contract?
o, !hile the la! allo!s the contracting parties the freedom to stipulate the terms and conditions of their contracts, it is not !ithout limitations. 4he contracting parties may establish such stipulations, clauses, terms and conditions as they may convenient provided they are not contrary to la!, morals, good customs, public order or public policy.
15. 7ll%strate the /imilarities and Difference of a ontract and a %asi ontract? %asiontract ontract /imilarities 4hese are a!ful and @oluntary Acts Differences Created by la! to Created by the avoid unjust meeting of minds of enrichment t!o or more persons 9nilateral Acts :ilateral Acts o meeting of minds ;eeting of minds is re"uired 1!. Disc%ss the conce4t of egotior%m estio.
7n this case, a property is neglected or abandoned by the o!ner and is ta)en care by an unauthori#ed person.
“Pakilamero” =
assive 2ubject –
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SBC-M JJJ4he la! creates the cause of action !here the beneficiary pays the gestor the necessary e8penses and just compensation for the <. JJJ 1(. 6e&%isites of egotior%m estio a. 4here is a roperty = :usinessb. Bhich is abandoned = neglectedc. 4here is ta)ing of possession in order to manage or administer suchd. Bhich is unauthori#ed either e8pressly or impliedlye. 7t is a voluntary act and that the O; has )no!ledge that it is for the benefit of the o!ner.
1). r%no o#ns a farm that he has not seen for 10 ears. Be realiEes that it needed c%lti"ation to im4ro"e its 4rod%cti"it. r%no did not kno#
AY: 2015 - 2016 abo%t the bo%ndar of his 4ro4ert, he e*tended his c%lti"ation #ork to the 4ro4ert of Mars, his neighbor. oth 4ro4erties increased its cost A selling 4rice beca%se of r%nos c%lti"ation #ork. r%no realiEed that he e*tended his c%lti"ation #ork to Mars. an r%no instit%te an action against Mars to 4a him the necessar e*4enses inc%rred in c%lti"ating his land?
Fes, the Cause of Action !ould be that of 2olutio 7ndebiti. 1+. i"e the re&%isites of /ol%tio 7ndebiti. a. 2omething is deliveredb. 4he >eceipient has no right to receive itc. 4he delivery is through mista)e.
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