City College of Angeles

Institute of Business Management

A MODULAR APPROACH TO
THE LAW ON OBLIGATIONS
AND CONTRACTS

KARL ALEN G. YU, JD

 Foreword

This course covers the study of the provisions of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines. In particular, it will deliberate on Book IV of
the Civil Code which concentrates on the Law on Obligations and Contracts. The law on
obligations is the most important part, most abstract, and most difficult of all of civil
law. It is the entirety of private law. It is essential to understand obligations and
contracts in order to understand other laws, most especially, commercial law. Thus,
sufficient focus and motivation is necessary to fully acquire the rewards of this course.

- The Author
August 2020
Angeles City, Philippines

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Table of Contents

Foreword................................................................................................................................................ 2
Module 1: The Concept of Obligations ................................................................................................ 4
Module 2: The Nature and Effect of Obligations .............................................................................. 11
POST TEST .......................................................................................................................................... 24
REFERENCES ....................................................................................................................................... 25
APPENDIX: COURSE MATERIAL EVALUATION ................................................................................. 26

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Module 1: The Concept of Obligations

LEARNING OBJECTIVES

After completing this chapter, one will be able to do the following:

 Understand the concept and history of obligations;

 Determine and demonstrate the essential requisites of obligations;
 Distinguish the basic classifications of obligations;
 Illustrate the sources of obligations.

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SALIENT POINTS FOR DISCUSSION
This module will delve into the definition and fundamental concepts of obligations. It
will discuss the history and characteristics of obligations, examine the essential
requisites of obligations and introduce the readers to the various classifications of
obligations.

 Brief Introduction of Obligations

Our Civil Code follows the Gaian order which is of three parts: Persons, Things and
Obligations.

The title of Book IV is inaccurate. While the title is “Obligations and Contracts”, it
should only be “Obligations” since it puts contracts on the same level with the
former when in fact, contracts is only one of the sources of obligations.

The term “obligations” was derived from the Latin words “ob” and “ligare” which
means “to bind or tie together”. “Obligatio” was initially a physical act of being
chained with shackles. Under Roman Law, if the debtor cannot pay, the creditor can
bring him to the magistrate and the magistrate can authorize the creditor to cuff the
debtor and offer him for sale for 3 days, the proceeds of which will be used as
payment. The creditor then becomes a slave. If he is not bought, the creditor can
have him chopped into pieces or will be sold to barbarians.

As time passed, cruelty softened. By the time of Cicero, “obligatio” no longer means
vinculum of chains but “vinculum juris” or bond of law. Obligations became
metaphorical and not literal.

 Concept of Obligations

Article 1156. An obligation is a juridical necessity to give, to do, or not to

do.

Sanchez-Roman’s classical definition of an obligation is “the juridical necessity to

comply with a prestation.” Manresa defines it as “a legal relation established
between one person and another, whereby the latter is bound to the fulfillment of a
prestation which the former may demand of him.”

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 Characteristics of Obligations

1. It represents an exclusively private interest.

2. It creates ties which are by nature transitory since they involve periods of time.
3. It involves the power to make the juridical tie defective in case of non-fulfillment
through satisfaction of the debtor’s property.

 The Essential Requisites of Obligations

1. The juridical or legal tie (vinculum juris) which binds the parties to the obligation,
and which may arise from either bilateral or unilateral acts of persons. It is the
enforceability of the obligation.

2. An active subject known as the obligee or creditor, who can demand the
fulfillment of the obligation. The active subject is always a juridical or natural
person.

3. A passive subject known as the obligor or debtor, against whom the obligation is
juridically demandable. The passive subject must be determinate or at least
determinable.

4. The fact, prestation or service which constitutes the object of the obligation. It
always consists in an activity or conduct to be observed by the debtor towards
the creditor. This conduct to be observed is known as the prestation. For
example, in a contract of sale of a motor vehicle, the object of the obligation is
the act of delivering the car. As a consequence, the car is the object of the
prestation.

Note: Some authors and civilists include the cause of the obligation as a requisite
which is the “why?” of the obligation and others include the “form” of the
obligation in order to be demandable but the above four requisites are the
essential requisites of an obligation.

 Classification of Obligations

The following are the primary classifications of obligations under the Civil Code:
 Pure and Conditional Obligations (Arts. 1179-1192)
 With a period (Arts. 1193-1198)
 Alternative and Facultative (Arts. 1199-1206)
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  Joint and Solidary (Arts. 1207-1222)
 Divisible and Indivisible (Arts. 1223-1225)
 With a penal clause (Arts. 1226-1230)

There are other classifications of secondary character scattered from the provisions
of the Civil Code, such as:
 Legal, conventional, and penal (Arts. 1158-1162)
 Real and personal (Arts. 1163-1168)
 Determinate and generic (Arts. 1163-1166)
 Positive and negative (Arts. 1167-1168)
 Unilateral and bilateral (Arts. 1169-1191)
 Individual and collective (Arts. 1207, 1223)
 Accessory and principal (Arts. 1166, 1226)

Note: A more detailed discussion of these classifications will be organized in the

succeeding modules.

 Sources of Obligations

Article 1157. Obligations arise from:

1) Law
2) Contracts
3) Quasi-contracts
4) Acts or omissions punishable by law
5) Quasi-delicts

Article 1158. Obligations derived from law are not presumed. Only
those expressly determined in this Code or in special laws are
demandable, and shall be regulated by the precepts of the law which
establishes them; and as to what has not been foreseen, by the
provisions of this Book.

Law – Unlike other obligations, those derived from law can never be presumed.
Consequently, only those expressly determined in the Civil Code and other
special laws are demandable. There is really only one source of obligations and
that is law. Without the law saying that a particular contract is enforceable, the
contract will not give rise to an obligation.

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Article 1159. Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good
faith.

Contract is a meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.

The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient provided they are not contrary to law,
morals, good customs, public order, or public policy. (Article 1306)

Contracts are perfected by mere consent, and from that moment the parties are
bound not only to the fulfillment of what has been expressly stipulated but also
to all the consequences which, according to their nature, may be in keeping with
good faith, usage and law.

Article 1160. Obligations derived from quasi-contracts shall be subject

to the provision of Chapter 1 Title XVII of this Book.

Quasi-contracts are those juridical relations arising from lawful, voluntary, and
unilateral acts, by virtue of which the parties become bound to each other, based
on the principle that no one shall be unjustly enriched or benefited at the
expense of another. These include the provisions covering negotiorum gestio
(Article 2144), solutio indebiti (Article 2154), and unjust enrichment (Article 22).

Article 1161. Civil Obligations arising from criminal offenses shall be

governed by the penal laws, subject to the provisions of Article 2177,
and the pertinent provisions of Chapter 2, Preliminary Title on Human
Relations, and of Title XVIII of this Book, regulating damages.

As a rule, if you commit a crime, you are liable both criminally and civilly. The
exception is when the crime committed has no private offended party like in the
offense of contempt of court or illegal possession of firearms. The Civil Code
deals with the civil aspect particularly to the obligation to repair the damages
caused for the crime committed.

Article 1162. Obligations derived from quasi-delicts shall be governed

by the provisions of Chapter 2, Title XVII of this Book, and by special
laws.
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Quasi-delicts refer to all of those obligations which do not arise from law,
contracts, quasi-contracts, or criminal offenses. Thus, following article 2176 of
the Civil Code, it may be defined as the fault or negligence of a person, who by
his act or omission, connected or unconnected with, but independent from any
contractual relation, causes damage to another. It is equivalent to tort in
common law.

Requisites of liability for quasi-delicts in order to recover damages:

1. The fault or negligence of the defendant;
2. The damage suffered or incurred by the plaintiff;
3. The relation of cause and effect between the fault or negligence of the
defendant and the damage incurred by the plaintiff.

Obligations arising from quasi-delicts are demandable not only from the person
directly responsible but also against the following:
1. The father, and in case of death or incapacity, the mother, with respect to
damages caused by the minor children living in their company;
2. Guardians, with respect to damages caused by the minors or incapacitated
persons who are under their authority and living in their company;
3. The owners and manages of an establishment or enterprise, with respect to
damages caused by their employees in the service of their branches in which
the latter is employed or on occasion of their official functions;
4. Employers with respect to damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even
though they are not engaged in any business or industry;
5. The state, when it acts through a special agent, but not when the damage is
caused by an official to whom the task done properly pertains; and
6. Lastly, teachers or heads of establishments of arts and trades with respect to
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.

 Note that the responsibility of the above persons or entities shall cease if they
can prove that they have observed all the diligence of a good father of a
family to prevent damage.

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QUESTIONS TO PONDER

1. What are obligations?

2. What are the different classifications of obligations?
3. What are the essential requisites of obligations?
4. What is the fundamental source of obligations as compared to other sources?

REQUIRED READING/S AND OTHER LEARNING RESOURCES

1. Chapter 1, pp. 1 – 41:

Jurado, D. (2010) Comments and Jurisprudence on Obligations and Contracts, 12th
revised ed. Rex Printing Company, Inc. Quezon City, Philippines

LEARNING ACTIVITIES / SELF-TESTS

1. Read the Decision of Perez vs. Pomar, G.R. No. L-1299, November 16, 1903
2. Read the Decision of PSBA vs. Court of Appeals, G.R. No. 84698, February 4,
1992
3. Read the Decision of Philippine Rabbit Bus Lines, Inc. vs. People of the
Philippines, G.R. No. 147703, April 14, 2004

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Module 2: The Nature and Effect of Obligations

LEARNING OBJECTIVES

After completing this chapter, one will be able to do the following:

 Distinguish the obligations to give, to do, or not to do;

 Determine principal and accessory obligations;
 Determine the remedies available to the creditor in case of breach;
 Understand other provisions relevant the nature and effect of obligations.

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SALIENT POINTS FOR DISCUSSION
This module discusses the provisions relevant to the nature and effect of obligations. It
covers the kinds of prestations, effect of irregularity in the performance of the
obligations and other relevant provisions involving the general concept of obligations as
provided under the Civil Code.

 Kinds of Prestations

A. To give

Article 1163. Every 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.

Article 1164. The creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises. However, he shall acquire no real
right over it until the same has been delivered to him.

Article 1165. When what is to be delivered is a determinate thing, the

creditor, in addition to the right granted him by Article 1170, may compel
the debtor to make the delivery. If the thing is indeterminate or
generic, he may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays, or has promised to deliver the
same thing to two or more persons who do not have the same
interest, he shall be responsible for any fortuitous event until he has
effected the delivery.

Article 1166. The obligation to give a determinate thing includes that of

delivering all its accessions and accessories, even though they may not
have been mentioned.

 When the thing to be given is determinate, the principal obligation is to give what is
supposed to be given.

Accessory obligations:
1. After constitution of the obligation and before delivery, to take care of it with the
proper diligence of a good father of the family (Article 1163);

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 2. To account and deliver to the creditor the fruits if the thing bears fruits upon the
time the obligation to deliver arises (Article 1164);
3. To deliver the accessions and accessories (Article 1166)

The diligence of a good father of a family refers to ordinary care. Just like the father
of a family, it is the care that an average person would do in taking care of his
property. It is the default standard of care that the parties must exercise in the
performance of their obligations.

The other kind of diligence that parties to a contract may agree thereto is
extraordinary diligence. It is that extreme care and caution which very prudent and
thoughtful persons use in securing and preserving their own property. It is the
highest degree of care. Common carriers are required to exercise extraordinary
diligence in the transport of their passengers. Similarly, banks are required to
exercise extraordinary diligence in the safekeeping of the deposits of their clients.

Kinds of Fruits (Article 442)

1. Natural Fruits – they are the spontaneous products of the soil, and the young
and other products of animals.
2. Industrial Fruits – are those produced by lands of any kind through cultivation or
labor.
3. Civil Fruits – they are the result of juridical relation such as the rents of buildings,
the price of leases of lands and other property and the amount of perpetual or
life annuities or other similar income.

Accessions – everything which is produced thereby, or which is incorporated or

attached there to, either naturally or artificially, such as those plants sown in a
parcel of land sold to a buyer.

Accessories – those joined to or included in the principal thing for the latter’s better
use, for example, the keys to the house.

Remedies available to the creditor:

1. Specific performance – the debtor must perform it personally
2. Equivalent performance – damages
Note: Damages may be obtained exclusively or in addition to the first action.

 Rules regarding Improvement, Loss, or Deterioration of the object

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Article 1189. When the conditions have been imposed with the intention
of suspending the efficacy of an obligation to give, the following rules
shall be observed in case of the improvement, loss or deterioration of the
thing during the pendency of the condition:

(1) If the thing is lost without the fault of the debtor, the obligation shall
be extinguished;

(2) If the thing is lost through the fault of the debtor, he shall be obliged
to pay damages; it is understood that the thing is lost when it perishes, or
goes out of commerce, or disappears in such a way that its existence is
unknown or it cannot be recovered;

(3) When the thing deteriorates without the fault of the debtor, the
impairment is to be borne by the creditor;

(4) If it deteriorates through the fault of the debtor, the creditor may
choose between the rescission of the obligation and its fulfillment, with
indemnity for damages in either case;

(5) If the thing is improved by its nature, or by time, the

improvement shall inure to the benefit of the creditor;

(6) If it is improved at the expense of the debtor, he shall have no other

right than that granted to the usufructuary.

Article 1190. When the conditions have for their purpose the
extinguishment of an obligation to give, the parties, upon the fulfillment
of said conditions, shall return to each other what they have received. In
case of the loss, deterioration or improvement of the thing, the provisions
which, with respect to the debtor, are laid down in the preceding article
shall be applied to the party who is bound to return. As for the obligations
to do and not to do, the provisions of the second paragraph of article 1187
shall be observed as regards the effect of the extinguishment of the
obligation.

Article 1194. In case of loss, deterioration or improvement of the thing

before the arrival of the day certain, the rules in article 1189 shall be
observed.
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 1. Requisites:
a. Obligation has a suspensive condition, a resolutory condition, or term;
b. The obligor is obligated to deliver a determinate thing;
c. There is improvement, loss or deterioration before the fulfillment of the
condition or the period;
d. The condition is fulfilled or the period arrives.

2. Rules Proper
a. If the thing is lost without the fault of the debtor, the obligation is
extinguished

b. If the thing is lost through the fault of the debtor, he must pay damages.
The thing is lost when it perishes, goes out of commerce or disappears in
such a way that its existence is unknown or cannot be recovered.

c. If the thing deteriorates without the fault of the debtor, the creditor must
accept the thing in its impaired condition

d. If the thing deteriorates through the fault of the debtor, the creditor may
choose between:
i. Rescission (Article 1189) plus damages
ii. Fulfillment of the obligation plus damages

e. If the thing is improved by nature or by time, the improvement shall inure to

the benefit of the creditor.

f. If the thing is improved at the expense of the debtor, the debtor shall have
the same rights as a usufructuary. (Article 566 to 582)

 When what is to be given is a generic thing, the remedies available to the creditor
are:

1. Specific performance – the creditor must perform in personally

2. Substitute performance – done by someone else at the expense of the debtor
3. Equivalent performance – damages which can be exclusively acquired or in
addition to the other two remedies.

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 B. To do

Article 1167. If a person obliged to do something fails to do it, the same

shall be executed at his cost. This same rule shall be observed if he does it
in contravention of the tenor of the obligation. Furthermore, it may be
decreed that what has been poorly done be undone.

i. If only the obligor can do or perform the obligation and he fails to do it, the
remedy available to the creditor is damages.
ii. If anyone else can do it, the remedy available to the creditor is substitute
performance of the obligation and/or damages.

C. Not to do or give

Article 1168. When the obligation consists in not doing, and the obligor
does what has been forbidden him, it shall also be undone at his expense.

The remedy available to the creditor is to have it undone through substitute

performance and/or damages.

 Irregularity in the performance of the obligation

A. Attributable to the debtor

Article 1170. 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.

i. Fraud – may be defined as the voluntary execution of a wrongful act, or

willful omission, knowing and intending the effects which naturally and
necessarily arise from such act or omission. Fraud is the deliberate and
intentional evasion of the normal fulfillment of the obligation. It is
distinguished from negligence by reason of the presence of deliberate intent.

Article 1171. Responsibility arising from fraud is demandable in all

obligations. Any waiver of an action for future fraud is void.

 Effects of Fraud

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 1. The creditor may insist on the proper substitute performance or specific
performance of the obligation; or
2. Rescission or Resolution can be availed;
3. Damages may be demanded in either case.

ii. Negligence – it is the absence of due diligence in the performance of the

obligation

Article 1172. Responsibility arising from negligence in the performance of

every kind of obligation is also demandable, but such liability may be
regulated by the courts, according to the circumstances.

Article 1173. The fault or negligence of the obligor consists in the

omission of that diligence which is required by the nature of the
obligation and corresponds with the circumstances of the persons, of the
time and of the place. When negligence shows bad faith, the provisions
of articles 1171 and 2201, paragraph 2, shall apply. 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.

Like fraud, negligence results in improper performance. But it is characterized by

lack of care, unlike fraud which is characterized by malice. Also, the determination of
due diligence is always relative as it depends on the nature of the circumstances of
the person, time and place. The standard diligence required is the diligence of a
good father of a family.

 Effects of Negligence

1. The creditor may insist on the proper substitute performance or specific

performance of the obligation; or
2. Rescission or Resolution can be availed;
3. Damages may be demanded in either case.

iii. Delay or Mora – is the non-fulfillment of the obligation with respect to time.
In fraud and negligence, the question is the quality even if performed on
time. In delay, even if the quality is excellent but the performance is not in
due time, the debtor is liable.

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Article 1169. Those obliged to deliver or to do something incur in delay
from the time the obligee judicially or extrajudicially demands from them
the fulfillment of their obligation. However, the demand by the creditor
shall not be necessary in order that delay may exist:

(1) When the obligation or the law expressly so declare; or

(2) When from the nature and the circumstances of the obligation it
appears that the designation of the time when the thing is to be delivered
or the service is to be rendered was a controlling motive for the
establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it
beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does

not comply or is not ready to comply in a proper manner with what is
incumbent upon him. From the moment one of the parties fulfills his
obligation, delay by the other begins.

Three Kinds of Delay

1. Mora Solvendi - delay in performance incurred by the debtor.

Requisites:
a. The obligation is demandable and liquidated
b. Debtor delays performance either because of dolo or culpa
c. The creditor demands the performance either judicially or extrajudicially

General Rule: Demand is necessary.

Exceptions: those conditions stated in Article 1169

Effects of Mora Solvendi

a. When the obligation is to deliver a determinate thing, the risk is placed on
the part of the debtor
b. Damages
c. Rescission or Resolution

2. Mora Accipiendi - the creditor incurs in delay when the debtor tenders payment
or performance, but the creditor refuses to accept it without just cause. Mora
accipiendi is related to payment, particularly in consignation.

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 Requisites of Mora Accipiendi:
a. An offer of performance by the debtor who has the required capacity;
b. The offer must be to comply with the prestation as it should be
performed.
c. The creditor refuses the performance without just cause.

Effects of Mora Accipiendi:

a. Responsibility of debtor for the thing is limited to fraud and gross
negligence;
b. Debtor is exempted from risk of loss of thing which automatically pass to
creditor;
c. Expenses incurred by debtor for preservation of thing after the delay shall
be chargeable to creditor;
d. If the obligation has interest, debtor shall not have obligation to pay the
same from the time of the delay;
e. Creditor becomes liable for damages;
f. Debtor may relieve himself by consignation of the thing.

3. Compensatio Morae - delay on both sides in reciprocal obligations would result in

cancelling out each other’s breach.

B. When it is not attributable to the debtor

Fortuitous Event - also called as caso fortuito, force majeure, act of God.

Article 1174. Except in cases expressly specified by the law, or when it is

otherwise declared by stipulation, or when the nature of the obligation
requires the assumption of risk, no person shall be responsible for those
events which could not be foreseen, or which, though foreseen, were
inevitable.

The requisites of a fortuitous event:

1. The cause of the unforeseen and unexpected occurrence, or the failure to
comply with his obligations, must be independent of the human will;
2. It must be impossible to foresee the event which constitute the caso fortuito,
or if it can be foreseen, it must be impossible to avoid;
3. The occurrence must be such as to render it impossible for the debtor to
fulfill his obligation in a normal manner;

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 4. The obligor must be free from any participation in the aggravation of the
injury resulting to the creditor.

General Rule: for the application of fortuitous events, when a debtor is unable to
fulfill his obligation because of a fortuitous event or force majeure, he cannot be
held liable for damages or non-performance.

Exceptions:
1. When the law so provides (Article 1165);
2. When there is express stipulation between the parties;
3. When the nature of the obligation requires assumption of risk, like insurance
contracts.

 Usurious Transactions

Usury may be defined as contracting for or receiving something in excess of the

amount allowed by law for the loan or forbearance of money, goods, or chattels. It
is the taking of more interest than the law allows.

Article 1175. Usurious transactions shall be governed by special laws.

Currently, the application of the Usury Law has been suspended by BSP Circular No.
905.

 Extinguishment of Interests and Prior Installments

Article 1176. The receipt of the principal by the creditor without

reservation with respect to the interest, shall give rise to the presumption
that said interest has been paid. The receipt of a later installment of a
debt without reservation as to prior installments, shall likewise raise the
presumption that such installments have been paid.

Two presumptions regarding the payment of interests:

1. The presumption that interest has been paid if the principal has been received
without reservation regarding interest.
2. The presumption that earlier installments have been paid if the later installment
has been received without reservation regarding the previous installments.

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 Note: These are only rebuttable presumptions which can be overthrown by evidence
to the contrary.

 Remedies of Creditor to Protect Credit

Article 1177. The creditors, after having pursued the property in

possession of the debtor to satisfy their claims, may exercise all the rights
and bring all the actions of the latter for the same purpose, save those
which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them.

a. Levy and execution of the debtor’s non-exempt properties;

b. Accion Subrogatoria – it is premised on the theory that “the debtor of my debtor
is my debtor.”

Requisites for the application of Accion Subrogatoria:

i. Creditor has a right of credit against the debtor;

ii. Credit is due and demandable;
iii. Failure of debtor to collect his own credit from a third person either
through malice or negligence;
iv. Insufficiency of assets of the debtor to satisfy the creditor’s credit;
v. Right of account is not intuitu personae.

c. Accion Pauliana – the right of creditors to rescind alienations by the debtor which
are prejudicial to them to the extent of the obligation.

Requisites for the application of Accion Pauliana:

i. There is a credit in favor of the plaintiff
ii. The debtor has performed an act subsequent to the contract, giving
advantage to other persons.
iii. The creditor is prejudiced by the debtor’s act which is in favor of third
parties and rescission will benefit the creditor.
iv. The creditor has no other legal remedy.
v. The debtor’s acts are fraudulent.

d. Accion Directa – a direct action by the creditor against his debtor’s debtor, a
remedy which gives the creditor the prerogative to act in his own name, such as
the actions of the lessor against the sublessee, the labourer of an independent
21
 contractor against the owner, the principal against the subagent, and the
vendor-a-retro against the transferee of the vendee.

 Transmissibility of Rights

Article 1178. Subject to the laws, all rights acquired in virtue

of an obligation are transmissible, if there has been no stipulation to the
contrary.

- Rights are transmissible unless the rights are purely personal, by stipulation of
the parties they are not transmissible, and by operation of law.

QUESTIONS TO PONDER

1. What are the kinds of prestations?

2. What are the remedies of the creditor in case of breach of the obligation?
3. What are the effects of the improvement, loss, and deterioration of the object of
the obligation?

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REQUIRED READING/S AND OTHER LEARNING RESOURCES

1. Chapter 2, pp. 42 – 105:

Jurado, D. (2010) Comments and Jurisprudence on Obligations and Contracts, 12th
revised ed. Rex Printing Company, Inc. Quezon City, Philippines

LEARNING ACTIVITIES / SELF-TESTS

Analyze the summary of the rules regarding the remedies available to the creditor in
obligations to give, to do, and not to do.

Obligation Specific Equivalent Substitute

Performance Performance Performance
1. To give
a. Determinate thing / / x
b. Determinable thing / / /
2. To do
a. Very personal x / x
b. Not very personal x / /
3. Not to do x / /

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POST TEST
Mark the circle of the correct answer.
1. Which of the following is not one of the essential requisites of an obligation?
o Subject
o Legal Tie
o Form
o Object
2. It refers to those juridical relations arising from lawful, voluntary, and unilateral
acts, by virtue of which the parties become bound to each other, based on the
principle that no one shall be unjustly enriched or benefited at the expense of
another.
o Delicts
o Quasi-Delicts
o Contracts
o Quasi-Contracts
3. Which is not a requisite for the liability of quasi-delicts in order to recover
damages?
o The object of the obligation
o The fault or negligence of the defendant
o The damage suffered or incurred by the plaintiff
o The relation of cause and effect between the fault or negligence of the
defendant and the damage incurred by the plaintiff
4. It is the absence of due diligence in the performance of an obligation.
o Fraud
o Malice
o Negligence
o Mora
5. The right of creditors to rescind alienations by the debtor which are prejudicial to
them to the extent of the obligation.
o Accion Reinvindicatoria
o Accion Subrogatoria
o Accion Directa
o Accion Pauliana

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Essay

1. What are the requisites of a fortuitous event?

2. What is usury? How does it currently apply in the Philippines?

3. What is the source of the liability of a school where a student was stabbed by an
intruder while inside the campus? Briefly explain.

REFERENCES
1. Jurado, D. (2010) Comments and Jurisprudence on Obligations and Contracts,
12th revised ed. Rex Printing Company, Inc. Quezon City, Philippines
2. Balane, R. (2002) Lecture Notes on Civil Law. n.p.
3. Rabuya, E. (2017) Civil Law Reviewer Vol. II. Rex Printing Company, Inc. Quezon
City, Philippines
4. https://www.lawphil.net
5. http://elibrary.judiciary.gov.ph

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APPENDIX: COURSE MATERIAL EVALUATION

Name: Course Title:

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