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DEAN ULAN NOTES ON OBLICON

SBC-M
AY: 2015 - 2016
First Meeting: December 10, 2015
1. What is an obligation?
1156. An obligation is a juridical necessity to
give, to do or not to do.
2. What are the kinds of obligations?
a. Civil Obligations those that give a right
of action to compel their performance.
b. Natural Obligations those not being
based on positive law but on equity and
natural law, do not grant a right of action
to enforce their performance by the
obligor, authorize the retention of what
has been delivered or rendered. (1423)
3. Does the definition of an obligation in
Art. 1156 covers the two kinds of
obligations?
No, the definition of an obligation in Art.
1156 does not cover the two kinds of
obligations. An obligation according to Art.
1156 is a juridical necessity, only Civil
Obligations has juridical necessity.
4. What are the sources of obligation?
1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-Contracts;

a.
b.
c.
d.

Passive Subject debtor or obligor


Active Subject creditor or oblige
Juridical Tie efficient cause
Object or Prestation subject matter of
the obligation

6. What is a contract?
1305. A contract is a meeting of minds
between two persons whereby one binds
himself, with the respect to the other, to give
something or to render some service.
7. What are the essential elements of a
contract?
a. Consent of the Contracting Parties
b. Object of the Contract
c. Cause of the Obligation
8. When does consent exist?
1319. Consent is manifested by the meeting
of the offer and the acceptance upon the
thing and the cause which are to constitute
the contract. The offer must be certain and
the
acceptance
absolute.
A
qualified
acceptance constitutes a counter-offer.
9. What is an agreement?
An agreement is an informal arrangement
between two or more parties that is not
enforceable by law.
10. A and B are lovers. They decided
to go on a date this Sunday at 11am.
B was late. Can A sue B for breach of
contract?

(4) Acts or Omissions punished by law;


(5) Quasi-Delicts
5. What are the essential requisites of
an Obligation?

Option 1: It shall depend whether or not the


agreement constituted really resulted into a
contract.
Option 2: Since there is no law in this
particular case, there is no cause of action.

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
11.

What is a Quasi-Contract?

2142. Certain lawful, voluntary and unilateral


acts give rise to the juridical relation of a
quasi-contract to the end that no one shall
be unjustly enriched or benefitted at the
expense of another.
12. Distinguish a Quasi-Contract from
a Contract.
Quasi-Contract
Created by law to
avoid
unjust
enrichment
Unilateral Acts
No meeting of minds

Contract
Created
by
the
meeting of minds of
two or more persons
Bilateral Acts
Meeting of minds is
required

13. What are the 3 General Concepts


on Quasi-Contracts?
a. Negotiorum
Gestio
(Officious
Management) 2144
b. Solutio Indebiti (Payment not Due) 2154
c. Other Quasi-Contracts (Support given by
Strangers)
14. What are Acts
punished by law?

and

Omissions

These are felonies / crimes defined and


punished in the Revised Penal Code or in
Special Penal Laws.
15. What is the Dual Character of
Crimes?
a. Offense against the State because of the
disturbance of social order.
b. Offense against a Private Person injured
by the crime.
16. What is
Liability?

the

concept

of

Civil

GR: Every person criminally liable for a


felony is also civilly liable. (Art. 100,
RPC)
ER:
1. Victimless Crimes
2. Flight to Enemy Country
17. When is a person criminally liable
only?
Treason,
Rebellion,
Espionage,
Contempt, Gambling, Illegal Possession
of Firearms and others, either because
there is no damages to be compensated
or there is no private person injured by
the crime.
18. When is a person civilly liable
only?
The presence of exempting circumstances
will exempt the perpetrator from criminal
liability but not from civil liability. (Art. 13,
RPC)
a. When the offender is an imbecile or an
insane person;
b. When the offender is under 15 years of
age;
c. When the offender acts under the
compulsion of an irresistible force;
d. When the offender acts under the impulse
of an uncontrollable fear;
e. When the offender in order to avoid an
evil or injury does not act;
Others:
f. Quasi-Delicts
g. Accessories who are exempt from
criminal
liability.
The
penalties
prescribed for accessories shall not be
imposed upon those who are such with
respect to their spouses, ascendants,
descendants, legitimate, natural, and
adopted brothers and sisters, or relatives

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
by affinity within the same degrees, with
the single exception of accessories falling
within the provisions of paragraph 1 of
the next preceding. (Art. 20, RPC)
19. What are included in the Civil
Liability of Crimes?
Restitution of the thing itself must be
made whenever possible even when found in
the possession of a third person except when
acquired by such person in any manner and
under the requirements which by law, bar an
action for its recovery. (Art. 105, RPC)

Reparation the Court shall determine the


amount of damage, taking into consideration
the price of the thing, and its special
sentimental value to the injured party. (Art.
106, RPC)

Indemnification 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. 107, RPC)
20.

What is quasi-delict?

defendant and the damage incurred by


the plaintiff.
22. Distinguish a Quasi-delict from a
Delict.
Quasi-Delict

Delict

There
is
only
negligence.
The
purpose
is
indemnification.
Affects
private
interest.
Civil Liability

There is intent or
negligence.
The
purpose
is
punishment.
Affects
public
interest.
Criminal and Civil
Liability
Cannot Compromise

Can Compromise
Fault or negligence
is
proved
by
preponderance
of
evidence.

Guilt
must
be
proved
beyond
reasonable doubt.

Second Meeting: January 7, 2016

1. What is the concept of OBLICON as a


law subject?

2176. Whoever by act or omission causes


damage to another, there being fault or
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no
pre-existing contractual relation between the
parties is called a quasi-delict.

It is a supplemental to all other law


regarding how an obligation can be fulfilled.

21. What are the elements to make a


person liable for a Quasi-Delict?

Ex. Orbit, Oblong

a. The fault or negligence of the defendant;

3. Illustrate
the
Similarities
and
Differences of a Natural Obligation
and a Civil Obligation

b. The damage suffered by the plaintiff;


c. The relation of the cause and effect
between the fault or negligence of the

2. What is the etymology of the word


obligation?
Oble Latin for around

To Latin to bind

Source

Natural
Obligation

Civil
Obligation

Equity
and
Natural Law

Positive Law

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
Enforceability

Not
Enforceable
enforceable
in COL
in COL
Similarity
Based on Natural Law
4. When is Natural Law considered as
Positive Law?
When the natural law is formalized into a
legislative enactment. When it can be
considered as a basis for any right or
obligation of any member of the community.
Ex. Constituion, Eos, Administrative Orders
5. Why is it important to determine
whether the wrong committed is
based on positive law?

Kim gave $20 to Kanye, a mendicant. Kanye


accepted it and insulted Kim by saying, your
so cheap.
It is a purely, moral and voluntary act which
does not give any cause of action.

9. What is Prescription?
It is a mode of acquiring or losing ownership
and or rights of action through lapse of time.
10. What
are
the
types
of
Prescription?
a. Acquisitive You acquire ownership or
rights of action through the lapse of time.

To know if there is a cause of action based


on a violation of an obligation required or
unrequired of a positive law.

b. Extinctive You lose ownership or rights


of action through the lapse of time.

6. Illustrate
the
Similarities
Differences of Civil, Natural
Moral Obligations.

11. What is the concept of Voluntary


Fulfillment in Natural Obligations?

and
and

Civil
Natural
Moral
Obligation
Obligation
Obligation
Based on Natural Law
Presence of Absence of a Positive Law
a
Positive
Law
7. Illustrate the Differences of Natural
and Moral Obligations
Natural Obligation
In case of voluntary
fulfillment, it creates
a civil obligation
that would be based
on
PL
and
enforceable at COL

Moral Obligation
In case of voluntary
fulfillment,
it
remains as moral
obligation

8. Give
an
example
obligation.

of

moral

In NO, the debtor cannot be compelled thru


Court Action but if Debtor voluntary fulfills
the obligation, it creates a CO. The creditor
has now a legal right to retain it and the
debtor cannot get it back.
12. What is the concept of Voluntary
Fulfillment that creates a new tie not
to do where debtor cannot get it
back?
According to Tolentino, the requisites of VF
are the ff:
1. Payment or fulfillment of the obligation is
based on debtors own volition and that
he was not forced or intimidated.
2. Debtor must have knowledge that he has
performed an obligation not enforceable
in COL.
13. Give an example of the obligation
expressed Art. 1424.
D owes C the sum of $10,000.00 under
written contract. After 10 years, the debt of

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
D prescribes for failure of C to file the
necessary action for the recovery of the
same.
If D, knowing of the prescription, voluntarily
pays C, he cannot recover anymore what he
has paid. He has the moral duty to pay his
debt.

A. It must not be contrary to Law,


morals, good customs, public order
and public policy.
B. It must be determinate or at least
determinable.
C. It must be possible.
D. ****It must be subject to pecuniary /
monetary value.
There are prestations that cannot be
equated of monetary value. (ex.
Restoring an object, life of persons..
etc)

14. Give an example of the obligation


expressed Art. 1426.
D owes C the sum of $10,000.00 under
written contract. After 10 years, the debt of
D prescribes for failure of C to file the
necessary action for the recovery of the
same.
T pays C after the debt has prescribed
without the knowledge or consent of D, but
D nevertheless reimburses T, D cannot
recover what he has paid.
15. Are the provisions in 1427 to 1430
still applicable?
No, the age of majority is now at the age of
18 years. All laws in conflict with such are
repealed by RA 6809.
16. What are the requirements for a
party to be creditor?
A. Civil / Juridical Personality

E. There must be a Juridical or Legal tie.


19. Enumerate the Juridical or Legal
ties of obligations?
Obligations arise from:
Law;
Contracts;
Quasi-Contracts;
Acts or Omissions punished by law; and
Quasi-Delicts.
***According to the Sagrado Orden v.
NACOCO Doctrine, the list in Art. 1157 is
exclusive.***

THIRD MEETING: January 14, 2016


1. How can one conceive an obligation?

17. What are the kinds of Objects of


Obligation / Prestations?
A. To give
B. To do
C. Not to do
18. What are the requirements of a
valid prestation?

A person can conceive an obligation by


fulfilling its requisites which include a
passive subject, an active subject, an
object and the most important which is a
juridical tie.
2. When does
obligation?

law

create

an

The law creates an obligation when it is a


Mandatory Statute. Mandatory statute
is a statute which commands either

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
positively that something be
performed in a particular
negatively that something be
leaving the person concerned
on the matter except to obey.

done, or
way, or
not done,
no choice

The test generally employed to determine


whether a statute is mandatory or
directory is to ascertain the consequences
that will follow in case what the statute
requires is not done or what it forbids is
performed.

3. When is a law ambiguous?


A law is ambiguous if it is susceptible to
two or more interpretations.
4. In case of doubt, how do can we
interpret whether a law establishes
an obligation?
It is resolved against the existence of the
obligation. Obligations derived from law
are not presumed.
5. If a law was passed requiring older
brothers to support their younger
brothers. Can a younger sister ask
support from her older brother?
No, there is no cause of action. The law
cannot be presumed, it has to be
expressed.

The stipulations in the contracts are


considered as the Law between the
parties which must be complied in
good faith. (Vinculum)
The Meeting of Minds of the parties
can be in writing or orally done.
8. Illustrate the Differences between
Obligations arising from Law and
Obligations arising from Contracts.
Obligations
arising from Law

Obligations arising
from Contracts

Expressed

Expressed or Implied

a.
The Parents
obligation to support
their Children
b.
An
workers
obligation to pay
taxes
to
the
Government
c.
The
Polices
obligation to render
aid or protection to
any person in case
of danger to life or
property

a.
Contract
of
Carriage
b. Contract of Sale
c. Contract of Lease

9. When is an agreement a contract?


6. If
a
law
clearly
creates
an
obligation, it maybe possible that it
did not provide a manner on how it
is to be fulfilled. Can there be an
obligation arising from law?
Yes.
OBLICON
principles
are
of
supplementary nature in innominate
contracts.
7. What are the concepts of Obligations
arising from Contracts?

Only agreements that complies with the


requisites of a contract (Consent, Object &
Cause) and that can be enforced in Courts
of Law are considered as a contract
10.

When is there Consent?

There is consent when there is a meeting of


minds between the parties as when the
offeror makes an offer and such offer is
accepted by the offeree.
a. Offer The offeror makes an offer

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
b. Acceptance The Offeree makes an
acceptance
11.

What are the vices in consent?


Force
Intimidation
Violence
Undue Influence

12. What are the requisites of a valid


offer?
a. The offer must be definite. The
prestation is clear.
b. The offer must be complete in all aspects
that the offeree does not need to know
any more essential information regarding
it.
Example:
Do you want to buy this car?
The offer is definite but it is not complete in
all aspects (price, color, engine number,
location, brand, etc). There is no juridical tie
establish, the law required completeness for
a valid offer.
13. What are the requisites of a valid
acceptance?
a. It must be unconditional
b. It must be free from qualifications
There must be no deviation from the
offer, otherwise it will constitute a
counter offer.
Example of a counter offer:
Kimmy offered Kanye to buy her brand
new HUMMER 2016 model with plate
number: MSL 644, color HOT PINK,
engine number: 0929123456, etc., for
Php 5, 000, 000. 00 cash to be paid
tomorrow. Kanye accepted the offer but
with a condition that he will pay it next
month.
14. Kumares Toni, Mariel and Bianca
stipulated in a contract that they
would exchange husbands every

weekend. Bianca breached their


agreement because she said that
Tonis husband was not good in bed.
Is there a cause of action for breach
of contract?
No, while the law allows the contracting
parties the freedom to stipulate the terms
and conditions of their contracts, it is not
without limitations. The contracting parties
may establish such stipulations, clauses,
terms and conditions as they may
convenient provided they are not contrary
to law, morals, good customs, public order
or public policy.

15. Illustrate the Similarities and


Difference of a Contract and a QuasiContract?
Quasi-Contract
Contract
Similarities
These are Lawful and Voluntary Acts
Differences
Created by law to Created
by
the
avoid
unjust meeting of minds of
enrichment
two or more persons
Unilateral Acts
Bilateral Acts
No meeting of minds Meeting of minds is
required
16. Discuss the concept of Negotiorum
Gestio.
In this case, a property is neglected or
abandoned by the owner and is taken care
by an unauthorized person.
Gestor / Officious Manager Pakilamero /
excessively informal

Passive Subject Gestor / OM


Active Subject Owner / Beneficiary
Prestation To do / to give

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DEAN ULAN NOTES ON OBLICON


SBC-M
AY: 2015 - 2016
***The law creates the cause of action
where the beneficiary pays the gestor the
necessary expenses and just compensation
for the NG. ***
17. Requisites of Negotiorum Gestio
a. There is a Property / Business;
b. Which is abandoned / neglected;
c. There is taking of possession in order to
manage or administer such;
d. Which is unauthorized either expressly
or impliedly;
e. It is a voluntary act and that the OM has
knowledge that it is for the benefit of the
owner.
18. Bruno owns a farm that he has not
seen for 10 years. He realizes that it
needed cultivation to improve its
productivity. Bruno did not know

about the boundary of his property,


he extended his cultivation work to
the property of Mars, his neighbor.
Both properties increased its cost /
selling price because of Brunos
cultivation work. Bruno realized that
he extended his cultivation work to
Mars. Can Bruno institute an action
against Mars to pay him the
necessary expenses incurred in
cultivating his land?
Yes, the Cause of Action would be that of
Solutio Indebiti.
19. Give the requisites of Solutio
Indebiti.
a. Something is delivered;
b. The Receipient has no right to receive it;
c. The delivery is through mistake.

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