Law as a rule of conduct, just obligatory, promulgated by
legitimate authority, and of common observance and
benefit.
Article III Sec. 1 No person shall be deprived of life,
liberty, or property without due process of law, nor
shall any person be denied the equal protection of
the laws.
Article 1156 An obligation is a juridical necessity to give,
to do or not to do.
Passive subject the person who is bound to the fulfillment
of the obligation; he who has duty.
Active subject the person who is entitled to demand the
fulfillment of the obligation; he who has right.
Object or prestation the conduct required to observe by
the debtor. It may consist in giving, doing, or not
doing.
Judicial or legal tie that which binds or connects the
parties to the obligation.
Right the power which a person has under the law, to
demand from another any prestation.
Wrong an act or omission of one party in violation of the
legal right or rights of another.
Injury wrongful violation of the legal right of another.
Real obligation is that in which the subject matter is thing
which the obligor must deliver to the oblige.
Personal obligation is that in which the subject matter is
an act to be done or not to be done.
Contract is meeting of minds between two persons
whereby one binds himself, with respect to the other,
to give something or to render some service.
Compliance in good faith compliance or performance in
accordance with the stipulations or terms of the
contract or agreement.
Quasi-contract is that juridical relation resulting from
lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other to
the end that no one will be unjustly enriched or
benefited at the expense of another.
Negotiorum gestio is the voluntary management of
the property or affairs of another without the
knowledge or consent of the latter.
Solutio indebiti is the juridical relation which is
created when something is received when there is
no right to demand it and it was unduly delivered
through mistake.
Quasi-delict is an act or omission by a person which
causes damage to another in his person, property,
or rights giving rise to an obligation to pay for the
damage done, there being fault or negligence but
there is no pre-existing contractual relation
between the parties.
Specific/Determinate particularly designated or
physically segregated others of the same class.
Generic/Indeterminate it refers only to a class or
genus to which it pertains and cannot be pointed
out with particularity.
Natural fruits are the spontaneous products of the soil
and the young and other products of animals.
Industrial fruits are those produce by lands of any
kind through cultivation or labor.
Civil fruits are those derived by virtue of a juridical
relation.
Personal rights the right or power of the a person
(creditor) to demand from another (debtor), as a
definite passive subject, the fulfillment of the
latters obligation to give, to do, or not to do.
Real rights the right or interest of a person over a
specific thing, without a definite passive subject
against whom the right may be personally
enforced.
Accessions are the fruits of a thing or additions to
or improvements upon a thing.
Accessories are things joined to or included with Fortuitous event is any event which cannot be
the principal thing for the latters foreseen, or which, though foreseen, is
embellishment, better use, or completion. inevitable.

Ordinary delay is merely the failure to perform an
obligation on time.
Legal delay or default or mora is the failure to
perform an obligation on time which failure
constitutes a breach of the obligation.
Mora solvendi the delay on the part of the debtor
to fulfill his obligation.
Usury is contracting for or receiving interest in
excess of the amount allowed by law for
the loan use of money, goods, chattels or
credits.
Presumption the interference of a fact not actually
known arising from its usual connection
with another which is known or proved.

Mora accipiendi the delay on the part of the

creditor to accept the performance of the
obligation.

Compensatio morae the delay of the obligors in

reciprocal obligations, the delay of the
obligor cancels the delay of the obligee and
vice versa.

Fraud the deliberate or intentional evasion of the

normal fulfillment of an obligation.

Negligence the omission of that diligence which

is required by the nature of the obligation
and corresponds with the circumstances of
the person, of the time, and of the place.

Contractual negligence negligence in contracts

resulting in their breach. (Culpa
contractual)

Civil negligence negligence which by itself is the

source of an obligation between the parties
not so related before any preexisting
contract. (Culpa aquiliana)

Criminal negligence negligence resulting in the

commission of a crime.

Damages signify the money compensation

awarded to a party for loss or injury
resulting from breach of contract or
obligation by the other.
General divisions of law c. an act or omission by the latter in violation of
said right with resulting injury or damage to the
1. Law which is promulgated and enforced by the former.
state.
Sources of obligations (Article 1157)
2. Law which is not promulgated and enforced by
the state. 1. Law
2. Contracts
Subject of law 3. Quasi-contracts
4. Acts or omissions punished by law
-Divine law
5. Quasi-delicts
-Natural law
-Moral law Sources classified
-Physical law
-State law 1. Those emanating from laws
2. Those emanating from private acts which may be
Sources of law [ C L A J C O ] further subdivided into:
a. Those arising from licit acts
-Constitution
b. Those arising from illicit acts
-Legislation
-Administrative or executive orders, regulations Kinds of quasi-contracts
and rulings.
-Judicial decisions or jurisprudence 1. Negotiorum gestio
-Customs 2. Solutio indebiti
-Other sources
Scope of civil liability [ R R I ]
Branches of law [ L E J ]
1. Restitution
-Legislative create 2. Reparation for the damage caused
-Executive enforce 3. Indemnification for the consequential damages
-Judicial interpret
Requisites of quasi-delict [ A N D D N ]
Requisites of an obligation [ P A O D ]
1. There must be an act or omission
1. Passive subject 2. There must be fault or negligence
2. Active subject
3. Object or prestation 3. There must be damage caused
4. Judicial or legal tie 4. There must be a direct relation or connection of
cause and effect between the act or omission and
Kinds of obligation according to subj matter the damage
5. There is no pre-existing contractual relation
1. Real obligation between the parties
2. Personal obligation

Essential elements of a legal wrong or injury

a. a legal right in favor of a person

b. a correlative legal obligation on the part of
another
Duties of the debtor in obligation to perform a
determinate thing [ P D D D A ]
1. Preserve the thing
2. Deliver the fruits of the thing
3. Deliver the accessions and accessories
4. Deliver the thing itself
5. Answer for damages in case of non-fulfillment or
breach.
Preserve the thing [ D A F R ]
a. Diligence of a good father of a family
b. Another standard of care
c. Factors to be considered
d. Reason for debtors obligation
Kinds of fruits [ N I C ]
1. Natural fruits
2. Industrial fruits
3. Civil fruits
When obligation to deliver the fruit arises [ P S S
A]
1. Perfection of the contract
2. If the obligation is subject to suspensive or
condition or period
3. In a contract of sale
4. In obligation to give arising from law, quasi-
contracts, delicts and quasi-delicts.
Remedies of creditor in real obligation
1. Obligation to deliver a specific thing
a. demand specific performance or
fulfillment of the obligation with a right to
indemnity for damages
b. demand rescission or cancellation of the
obligation also with a right to recover
damages
c. demand payment of damages only, where
it is the only feasible remedy
2. Obligation to deliver a generic thing can be
performed by a third person since the object is
expressed only according to its family or genus.
Situations in Article 1170
1. The debtor fails to perform an obligation to do
2. The debtor performs an obligation to do but
contrary to the terms thereof
3. The debtor performs an obligation to do but in
poor manner
Remedies of the creditor in positive personal
obligation.
1. If the debtor fails to comply with his obligation
to do, the creditor has the right;
a. To have the obligation performed by
himself or by another
b. To recover damages
2. In case the obligation is done in contravention of
the terms of the same is poorly done, it may be
ordered that it be undone if it is still possible to
undo what was done.
Kinds of delay or default [ M M C ]
1. Mora solvendi
2. Mora accipiendi
3. Compensatio morae
Requisites of delay or default by the debtor
1. failure of the debtor to perform his obligation on
the date agreed upon
2. demand made by the creditor upon the debtor to
comply with his obligation
3. failure of the debtor to comply with such demand
When demand is not necessary to put the debtor in
delay [ O L T D P ]
1. When obligation so provides
2. When law so provides
3. When time is of the essence
4. When demand would be useless
5. When there is performance by a parties in Requisites for recovery of interest
reciprocal obligations
1. the payment of interest must be expressly
stipulated
2. The agreement must be in writing
Grounds for liability 3. The interest must be lawful
1. Fraud Kinds of presumption
2. Negligence
3. Delay 1. Conclusive presumption
4. Contravention of the terms of the obligation 2. Disputable presumption

Kinds of negligence Remedies available to creditor for the satisfaction

of their claims
1. Contractual negligence
2. Civil negligence 1. exact fulfillment with the right to damage
3. Criminal negligence 2. pursue the leviable property of the debtor
3. exercise all the rights and bring all the actions of
Factors to be considered in negligence the debtor except those inherent in or personal to
the person of the latter
1. Nature of obligation
4. ask the court to rescind or impugn acts or
2. Circumstances of person
contracts which the debtor may have done to
3. Circumstances of time
defraud him when he cannot recover his claim
4. Circumstances of place
Transmissibility of rights
Kinds of fortuitous event
1. Prohibited by law
1. Ordinary fortuitous events
a. contract of partnership
2. Extra-ordinary fortuitous events
b. contract of agency
Rules as to liability in case of fortuitous event c. contract of commodatum

1. When expressly specified by law 2. Prohibited by stipulation of the parties

. a. the debtor is guilty of fraud, negligence,
delay or contravention of the tenor of the
obligation
b. the debtor has promise to deliver the
same thing to two or more persons who do
not have the same interest
c. the obligation to deliver a specific thing
arises from a crime
d.the thing to be delivered is generic
2. When declared by stipulation
3. When the nature of the obligation requires the
assumption of risk