1158

Ex. Obligation from law:

1. Support
2. Paying tax
Ex. No blood relationship but there is
obligation
1. Adopter and adopted
2. HUSBAND and WIFE
1159
Q: Obligation that is NOT RECIPROCAL
but a contract?
- Donation
Q: When is the contract perfected?
- Upon agreement and meeting
of the minds of the parties
Formal Contract
- perfected not in the meeting of
the minds but for EXECUTION of
the written agreement
Ex. Sale of large cattle perfected
until registered
Real Contract
- Perfected upon delivery
Ex. Pledge
Q: Situation where you can walk away
to the contract?
- if the contract is contrary to
law, morals, good customs,
public order, public policy
Q: If there is no contract perfected?
(stage where they are trying to
determine pre-contractual)
- They can be accountable for
liabilities
1160
Ex. Quasi-contract
1. Undue payment
2. Unauthorized
1161
Q: Are all crimes liable civilly?
- No. Crimes where there are no
private offended party
Ex. 1. Possessing of firearms

2.
3.
4.
5.

Contempt
Treason
Jay-walking
Smoking

Q: Criminal exempt civil liability

- Art. 12 RPC
Q: Extent of civil liability
1. Restitution - natural
2. Reparation - natural
3. Indemnification consequential
damages moral/ exemplary not
natural
Q: How do you claim civil liability of a
criminal offense?
- Civil is impliedly instituted
File criminal action
- You can file independent/
dependent civil action
1. File civil action ahead criminal
action
2. Reserve your civil action
- Determine if its dependent or
independent civil action.
- Rule for DEPENDENT: you
cannot reserve your civil action,
wait for the termination of
criminal action.
Acquittal
- Based on reasonable doubt
- You can still file civil action even
if the civil action is DEPENDENT
Q: Persons who are civilly obligated
aside from the offender?
1. Parents primary liability
a. XPN: when they
exercised due diligence
2. Innkeepers, tavernkeepers
3. Employers when employee is
convicted and insolvent
4. Teachers, principals subsidiary
1162
Proximate Cause
- Not necessarily nearest to the
act as long as natural and
probable reason

1163
Ex1
Rolex watch of X can be generic IF, X
has many Rolex watch.
Specific
- If cannot be replaced or
substitute by the debtor
Limited Generic Thing
- Identified as to its kind
Ex. Jaguar car
- Generic but confined in a
particular class
3 incidental/ accessory obligation
1. Preserve the things
2. Deliver the fruits
3. Deliver Accessory and
Accession
- ONLY FOR SPECIFIC THINGS
Q: Why are they not for generic?
- bec. Generic thing do not perish
Q: Why does law imposes the duty to
preserve or take care?
Q: When is the duty to preserve?
- Upon perfection of contract if
there is contract regardless of
the nature of contract
- AT THE PRECISE MOMENT OF
THE CREATION OF THE
CONTRACT
Obligation is the source of crime:
Q: Stolen, when will the obligation to
preserve begin?
- Upon the moment he has taken
it. Bec. He has the obligation to
return what he has stolen
Q: Diligence of a good father
- Consider the nature of the
obligation (persons, place, time)
Q: Provisions of law that requires
different standard of care
- Contract of carriage of persons
EXTRAORDINARY DILIGENCE
Q: Obligation to deliver the fruits?
1. Natural
2. Industrial

3. Civil
Q: When are these fruits and things
due?
(1164 does not limit to the fruits)
- From the moment the delivery
arises
Q: When does delivery arises?
- Income tax: wait for certain
date
Real right
- Created only upon delivery of
the thing due
- Only upon delivery that the
thing is transferred either by:
o Ownership
o Possession
Personal right
Delivery of Accessory and Accession
Accessory
- Necessary
- Purpose:
o For preservation
o Embellishment
o Better use of principal
Accession
- Not necessary
- Improvement on a thing
- Planted, sown, build
Accession Natural
- gradual formation of land
- alluvion they are soil deposits
along bunks of rivers
- they have effect of adding to
the object
1165
Q: Remedy of obligee when obligation
was not performed?
1. Damages
2. Rescission
3. Specific Performance
Q: How does obligee avail of this
performance?
- by filing an action
Q: What does the obligee expect?
- to give, the object to be
delivered to him

Q: Does it apply to real obligation?

- available also for generic
Q: Obligation to deliver specific and
generic (diff)
- Amount must be determined
- Neither can be delivered
inferior or superior to the thing
agreed upon
Ex1.
2 people in love with sports car agree
to sell 1 car with a certain amount
worth of sports car.
- there is no stipulation that
sports care is to be delivered
- there are other cars worth the
same amount with sports car
= but because of the circumstances,
they are expected to receive sports
car.
Q: Can obligee ask for damages apart
from the damages?
- Creditor can ask specific
performance + damages (bec.
They injured the other for nonfulfillment of obligation)
Rescission
- cancellation of the obligation
- not referred in Art. 1165 but in
1191

Q: Is it right of the organizer to get

substitute then Gary V will pay for it?
- No. there can be no substitute
- Organizer can accept the
substitute OFFERED BY GARY V.
When there is personal circumstance,
there can be no payment of expense at
the debtors cost. But only damages.
2 options:
1. recover damages
2. fulfillment at the expense of the
debtor
Ex1.
In contravention of tenor
A want to paint his house blue, but it
was painted pink
Remedy: have another person paint it
at the expense of the obligor +
damages
Ex2.
Obligation was poorly done
Remedy: Undo
Ex3.
Obligation not to do
Remedy: Be undone + damages
If impossible to undo: damages only

Damages
- obligee may incur damages

1169
Delay = default/ legal delay
- non-performance of obligation

2 instances where obligor

Q: when is there a valid demand?

GR: When the thing is lost due to

fortuitous events, obligation will
extinguished.
XPN:
1. Incur delay
2. Promises to deliver to 2 or more
persons
1167
Ex1.
Gary V. desisted to perform in concert
- such performace is a PERSONAL
QUALIFICATION

Requisite of demand
Kinds of default
1. Mora solvendi
2. Mora Accipiendi
3. Compensatio Morae
Q: Does this article apply to all
obligation?
- only positive obligation
1174
GR: No person shall be responsible for
unforeseen events

Requisites:
1. Independent of human will
2. Impossible to foresee
3. Impossibility on the part of
debtor to perform obligation
4. Obligor has no part to
aggravate the injury
NPC v. CA dam:
- there is fortuitous events but
there is negligence on the
Petitioners
- The happening of the event
made it impossible to comply
with the obligation
XPN: (Do not exempt debtor from F.E.)
1. Law expressly states
2. Declared by stipulations
3. Nature of obligation requires
assumption of risk
Ex. Of #2
- as long as there is a clear
stipulation There is no
standard language that the
debtor is liable even with F.E.

Source of obligation: CONTRACT

only

Ex. Of #3
- A is the owner of a high voltage
factory that hit a lightning then
incurred injury to their worker,
A may be liable but if worker is
negligent, employee will be
liable. (A applies in assumption
of risk in case of fortuitous
event
(Insurance risk that person may die)
Take note always of:
1. Ordinary F.E. they can be
avoided: sufficient diligence
- capable of being
foreseen but beyond the
control of human
2. Extraordinary F.E.
Ex. (you know that there is risk of
fortuitous event but still do the
obligation)