Oblicon (Working Reviewer)

OBLIGATIONS: SUMMARY
(Atty. Goquingco classroom notes)
OBLIGATION – An obligation is a relationship or legal bond where a person is constrained to

act or do something for another person or group of persons. (Art. 1156)
Elements of Obligation: (Art. 1156)
1. Subject
a. Passive (Debtor)
b. Active (Creditor)
2. Object or Prestation (To Give, To Do, Not To Do)
a. Determinate
b. Indeterminate
3. Efficient cause or juridical tie
Sources of obligation: (Art. 1157)
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
Classification of obligation:
1. Conditional (Art. 1179)- A condition is a future uncertain event or a past event unknown
to the parties.
a. Suspensive (Art. 1181)- Obligation has yet to come into existence. No obligation
to speak of until the condition is fulfilled.
b. Resolutory (Art. 1181)- Extinguishes the obligation. Obligation is immediately
demandable.
2. Period/Term (Art. 1193)
a. Suspensive- until the obligation happen.
b. Resolutory- immediately demandable.
3. Alternative (Art. 1199)
4. Joint or solidary (Art. 1207)
5. Divisible or Indivisible (Art. 1223)
6. With a penal clause (Art. 1226)
Extinguishment of obligation: (Art. 1231)
1. Payment or performance (Art. 1232)
Requisites:
A. Person who may pay
o Debtor
o Third person
 Interested party
 Not interested party but with consent of debtor
 Not an interested party and without knowledge or against the will of the
debtor
 Party not interested to be reimbursed
o Payment by person who does not have free disposal of property in an obligation to
give.
o Payment by solidary debtor in case of active solidarity
B. Person whom payment may be made
C. What must be paid
D. Take note of the following
2. Loss or impossibility (Art. 1221)
3. Condonation or Remission (Art. 1270)
4. Confusion or Merger (Art. 1275)
5. Compensation (Art. 1278)
6. Novation (Art. 1291)
BREACH OF OBLIGATION:
Kinds of breach:
 Casual or slight (Art. 1182)
 Substantial (Art. 1234)
How breach committed: (Art. 1170)
 Fraud
 Delay (Art. 1169)
o Mora solvendi- delay on the part of the debtor to fulfill his obligation
o Mora accipiendi- – delay on the part of the creditor to accept the performance of
the obligation
o Compensatio morae- delay of the obligors in reciprocal obligation.
 Contravention of tenor
Remedies: (Art. 1165)
 Specific performance
 Rescission
 Damages
Subsidiary Remedies
Art. 1156- Obligation (definition)- An obligation is a relationship or legal bond where a person is
constrained to act or do something for another person or group of persons.
ELEMENTS:
1. Subject
a. Passive (Creditor)
b. Active (Debtor)
2. Object or Prestation (To Give, To Do, or Not To Do)
3. Efficient Cause or juridical tie (sources of obligations)
Art. 1157- Sources of obligation:
1. Law;
2. Contracts;
3. Quasi-Contracts;
4. Acts or omission punished by law; and
5. Quasi-delicts.
Art. 1158- Obligations derived from LAW are NOT PRESUMED.
Art. 1159- Obligations arising from CONTRACTS have the FORCE in law between the
contracting parties and should be complied with GOOD FAITH.
Art. 1160- Obligations arising from QUASI-CONTRACTS (See Art. 2142)
Art. 1161- Civil obligations arising from criminal offense shall be governed by the penal laws.
Art. 1162- QUASI-DELICTS or culpa aquiliana- acts or omissions of a person which causes
damage to another.
Requisites:
1. Omission
2. Negligence
3. Damage caused to the plaintiff
4. Direct relation of omission, being the cause, and the damage, being the effect
5. No pre-existing contractual relation between parties
Art. 1163- obliged to give something also obliged to take care of it- with proper DILIGENCE
like a good father of a family.
Unless the law or stipulation of the parties requires another standard of care.
Art. 1164- The creditor has a right to the fruits of the thing from the time the obligation to deliver
arises.
Art. 1165- Remedies of creditor in an obligation TO GIVE
1. Obligation to deliver a DETERMINATE (generic) thing-
a. Demand specific performance or fulfillment (compel the debtor to make
delivery) with the right to indemnity for damages.
=SPECIFIC PERFORMANCE + DAMAGES
b. Demand rescission or cancellation with right to indemnity for damages (only
in certain cases) (ex. Art. 1191, implied in reciprocal once)
=RESCISSION + DAMAGES
c. Demand payment of damages only (Art. 1170)
=DAMAGES
2. Obligation to deliver an indeterminate or generic thing
a. Obligation be complied with at the expense of the debtor with damages
=COMPLIANCE AT THE DEBTOR’S EXPENSE + DAMAGES
b. Demand payment of damages only (Art. 1170)
=DAMAGES
Art. 1166- Obligation – delivery all its accessions and accessories
When does right to fruits arise? – from the time the obligation to deliver arises:
 Conditional – from the moment the condition happens.

 With a term/period – upon the expiration of the term/period
 Simple – from the perfection of the contract
Art. 1167- This can only apply- It is not personal to the debtor (It cannot only be performed by
the debtor)
*Unless the obligation is PERSONAL
Art. 1168- Contravention the tenor= NOT DONE PROPERLY
Poorly done= UNDONE
*Things that cannot be undone SHOULD BE UNDONE.
Art. 1169- The following are DEMAND by the creditor:
CONCEPT OF DELAY -Breach of obligation
1. Law expressly so declare;
2. Nature and the circumstances of the obligation (controlling motive is TIME when the
thing is to be delivered)
3. Useless demand-obligor has rendered it beyond his power to perform (Obligor has
rendered it beyond his power to perform)
DELAY = DEFAULT or MORA
Kinds of Default
1) Mora Solvendi- default on the part of the debtor
2) Mora Accipendi- default on the part of the creditor
3) Compensatio Morae- default of both parties in reciprocal obligations
*No demand in reciprocal obligation- from the moment one of the parties fulfills
his obligation, delay by the other begins.
Art. 1170- Grounds for Liability
 Fraud- deliberate or intentional evasion of the normal fulfillment of an obligation (malice
or dishonesty)
 Negligence-
 Delay- mora or default
 Contravention of tenor- not done properly

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OBLIGATIONS: SUMMARY

(Atty. Goquingco classroom notes)

OBLIGATION – An obligation is a relationship or legal bond where a person is constrained to

 Conditional – from the moment the condition happens.

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