Give the general rule and exceptions as

to transmissibility of rights

Page | 1
 Art. 1178, Comment (1)

Transmissibility of Rights
(a) General rule — Rights are transmissible.
(b) Exceptions
1) if the law provides otherwise;
2) if the contract provides otherwise;
3) if the obligation is purely personal.
Page | 2
What is meant by legal rate?

Page | 3
 Art. 1175, Comment (5)

Legal Rate - that presumed by the law to have been agreed

upon if the loan mentions interest but no rate was stipulated.

Page | 4
 Give the general rule and exceptions as
regards the liability of debtor in case of a
fortuitous event

Page | 5
Art. 1174, Comments (1) (2)

General Rule for Fortuitous Events:

No liability for a fortuitous event (caso fortuito) (that which
could not be foreseen, or which even if foreseen, was inevitable).

Exceptions — The debtor is responsible for a fortuitous event

in the following cases:

(a) When expressly declared by the law

(b) When expressly declared by stipulation or

(c) When the nature of the obligation requires the assumption of risk (the
doctrine of CREATED RISK)
Page | 6
Give the kinds of diligence under the new
civil code

Page | 7
Art. 1173, Comment (2)

Kinds of Diligence:

(a) that agreed upon by the parties

(b) in the absence of (a), that required by the law (particular provision)

(c) in the absence of (b), that expected of a good father of a family (bonum
pater familia)

Page | 8
Give the 3 kinds of culpas and distinguish
each other as to whether there is pre-
existing obligation of the parties and
whether the defense of a good father of a
family is a proper defense

Page | 9
Art. 1172, Comment (5)
As to whether there is pre-existing obligation of the
parties:
CULPA CONTRACTUAL: There is a preexisting
obligation (a contract, either express or
implied).
CULPA AQUILLIANA: No pre-existing obligation
(except of course the duty to be careful in all
human actuations).
CULPA CRIMINAL: No pre-existing obligation
(except the duty never to harm others).
As to whether the defense of a good father of a
family is a proper defense:
CULPA CONTRACTUAL: Defense of “good father of a
family” in the selection and supervision of
employees is not a proper complete defense in
culpa contractual (though this may MITIGATE
damages).
CULPA AQUILLIANA: Defense of “good father, etc,”
is proper and complete defense (insofar as
employers or guardians are concerned) in culpa
acquiliana.
CULPA CRIMINAL: This is not a proper defense in
culpa criminal. Here the employee’s guilt is
automatically the employer’s civil guilt, if the
former is insolvent.
Page | 10
Give the three distinction of fraud from
negligence

Page | 11
Art. 1172, Comment (1)

FRAUD (DOLO)

(a) There is a DELIBERATE intention to cause damage or prejudice.

(b) Liability arising from dolo cannot be mitigated or reduced by the courts.

(c) Waiver of an action to enforce liability due to future fraud is void.

CULPA (NEGLIGENCE)

(a) Although voluntary (that is, not done thru force) still
there is NO DELIBERATE intention to cause damage.

(b) Liability due to negligence may be reduced in certain cases.

(c) Waiver of an action to enforce liability due to future

culpa may in a certain sense be allowed.
Page | 12
What are the remedies of the creditor if
the debtor fails to do?

Page | 13
Art. 1167, Comment (2)

Remedies of Creditor if Debtor Fails to Do

(a) To have the obligation performed (by himself or by another) at

debtor’s expense (only if another can do the performance).

(b) Also — to obtain damages. (Art. 1170, Civil Code) (Damages alone
cannot substitute for performance if owners can do it; if purely
personal or special — as a painting to be done by a reputed artist —
only damages may be asked, unless substitution is permitted.)

Page | 14
What are the remedies of the creditor if
the debtor fails to comply with his
obligations to give?

Page | 15
Art. 1165, Comment (4)

Remedies of the Creditor When the Debtor Fails to Comply

With His Obligation

(a) Demand specifi c performance (or compliance) of the obligation. (This is

true whether the obligation be generic or specific.)

(b) Demand rescission or cancellation (in some cases).

(c) Demand damages either with or without either of the first two, (a) or (b).

Page | 16
When does the obligation to deliver arise?

Page | 17
Art. 1164, Comment (5)

When Does the Obligation to Deliver Arise?

ANS.: It depends:

(a) If there is no term or condition, then from the perfection of the

contract.

(b) If there is a term or a condition, then from the moment

the term arrives or the condition happens.
Page | 18
When is the creditor entitled to the fruits
of the thing to be delivered and what
rights has he towards his debtor?

Page | 19
Art. 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.

Page | 20
Give the kinds of obligation as regards
subject matter, persons obliged and
sanctions

Page | 21
Art. 1156, Comment (4)
From the viewpoint of “sanction” —
1) civil obligation (or perfect obligation)
2) natural obligation
3) moral obligation (or imperfect obligation)
Definitions —
a) civil obligation — that defi ned in Art.
1156. The sanction is judicial process.
Example: A promises to pay B his (A’s) debt
of P1 million.
b) natural obligation — the duty not to
recover what has voluntarily been paid
although payment was no longer required.
c) moral obligation — the duty of a Catholic
to hear mass on Sundays and holy days of
obligation. The sanction here is conscience
or morality, or the law of the church.
From the viewpoint of subject matter —
1) real obligation — the obligation to give
2) personal obligation — the obligation to
do or not to do)
From the viewpoint of persons obliged —
1) Unilateral — where only one of the parties is
bound (NOTE: Every obligation has 2 parties; If only
one of them is bound, we have a unilateral
obligation.
2) bilateral — where both parties are bound
(Example: In a contract of sale, the buyer is obliged
to pay, while the seller is obliged to deliver.)
Page | 22
Why is the interruption by written extra
judicial demand not applicable to carriage
of goods by sea act?

Page | 23
Art. 1155, Comment (7)

Actions Under the Carriage of Goods by Sea Act

The interruption by a written extrajudicial demand does not apply to actions under the
Carriage of Goods by Sea Act, which must be fi led within one year from receipt of the
cargo. The reason is that matters affecting transportation of goods by sea should be
decided in as short a time as possible. To apply the Civil Code provision would permit
delays. (Yek Tong Lin Fire Ins. Co. v. American President Lines, Inc., L-11081, Apr. 30,
1958).

Page | 24
What actions must be brought?
1. Within 10 years
2. Within 6 years
3. Within 4 years
4. Within 1 year
5. Within 6 months
6. Does not prescribe
7. Within 5 years
Page | 25
1. 10 years: area if the vendor is unable to deliver on
a) Upon a written contract demand all that is stated in the contract
b) Upon an obligation created by law b) Auction for reduction of the price for the
c) Upon a judgment rescission of a sale of real estate (made
with mention of boundaries) if vendor is
2. 6 years: unable to deliver all that is included within
a) Upon an oral contract said boundaries.
b) Upon a quasi-contract
6. Does not prescribe:
3. 4 years: a) To demand a right of way
a) Upon an injury to the rights of the plaintiff b) To bring an action to abate a public or
b) Upon a quasi-delict private nuisance

4. 1 year: 7. 5 years:
a) For forcible entry and detainer All other actions whose periods are not fixed in
b) For defamation the Civil Code or in other laws must be brought
within 5 years from the time the right of action
5. 6 months: accrues.
a) Action for reduction of the price or for
rescission of a sale of real estate by the unit

Page | 26
Give the facts and ruling in the case of
Lamberto v Torrejos

Page | 27
Art. 1161, Comment (9) no question of his civil liability thru an action by Torrijos either
for specific performance plus damages, or rescission plus
Lamberto Torrijos v. Court of Appeals damages. Death is not a valid cause for the extinguishment of a
civil obligation. Had the only basis been the commission of
FACTS: In 1964, Torrijos purchased a lot from Diamnuan. Later,
estafa, it is clear that the extinguishment of the criminal
Torrijos learned that in 1969, Diamnuan sold the same lot to De
responsibility would also extinguish the civil liability, provided
Guia. Torrijos initiated an estafa complaint against the seller,
that death comes before final judgment. Furthermore, under
who was eventually convicted by the CFI (now RTC). During the
Arts. 19, 20, and 21 of the Civil Code, the accused would be
pendency of the case in the Court of Appeals, the accused
civilly liable independently of the criminal liability for which he
Diamnuan died. His lawyer fi led a motion to dismiss the case
can be held liable. And this civil liability exists despite death
alleging that the death of his client, prior to fi nal judgment,
prior to final judgment of conviction. The case, therefore,
extinguished both the personal and the pecuniary penalties.
cannot as yet be dismissed.
Issue: Is the civil liability also extinguished? Should the case be
dismissed?

HELD: The civil liability here is not extinguished, because

independently of the criminal case, the accused was civilly
liable to Torrijos. If after receiving the purchase price from
Torrijos, he failed to deliver the property (even before selling it
again to De Guia), there would as yet be no estafa, but there is

Page | 28
What are the common requisites to
ordinary and extra ordinary prescription
and the additional requisites?

Page | 29
Art. 1117, Comment (1), (2)
Requisites Common to Ordinary and
Extraordinary Prescription
(a) Capacity of acquirer to acquire by
prescription
(b) Capacity of loser to lose by prescription
(c) Object must be susceptible of
prescription
(d) Lapse of required period of time
(e) The possession must be:
1) In concepto de dueño (concept
of owner)
2) Public (not clandestine or non-
apparent)
3) Peaceful (not thru force,
violence, or intimidation)
4) continuous or uninterrupted
Additional Requisites
(a) For ORDINARY prescription
1) Good faith
2) Just title (there was a mode of
acquiring ownership but the grantor
was not the owner; hence, the just
title here is “titulo colorado” or
“colorable title”).
(b) For EXTRAORDINARY prescription (no
other requisites except those mentioned in
Comment No. 1 under this Article are
required).
Page | 30
Define prescription and give its bases
and its classification

Page | 31
Art. 1106, Comment (1), (3), (4)
Prescription, Defined
Prescription is a mode of acquiring (or losing) ownership
and other real rights thru the lapse of time in the
manner and under the conditions laid down by law,
namely, that the possession should be:
(a) in the concept of an owner
(b) public
(c) peaceful
(d) uninterrupted. (Arts. 1106, 1118, Civil Code).
(e) adverse. In order that a possession may really be
adverse, the claimant must clearly, definitely, and
unequivocally notify the owner of his (the claimant’s)
intention to avert an exclusive ownership in himself.
Reasons or Bases for Prescription
(a) Economic necessity (otherwise, property rights
would remain unstable).
(b) Freedom from judicial harassment (occasioned by
claims without basis).
(c) Convenience in procedural matters (in certain
instances, juridical proof is dispensed with). (d)
Presumed abandonment or waiver (in view of the
owner’s indifference or inaction).
Classification of Prescription
(a) as to whether rights are acquired or lost:
1) acquisitive prescription (prescription of
ownership and other real rights).
a) ordinary prescription
b) extraordinary prescription
2) extinctive prescription (“liberatory
prescription;’’ prescription of actions);
(“Statute of Limitations’’).
(b) as to the object or subject matter:
1) prescription of property
a) prescription of real property
b) prescription of personal rights
2) prescription of rights
Page | 32
Distinguish prescription from laches as
enunciated in the Buenaventura case

Page | 33
Art. 1106, Comment (7)

Narciso Buenaventura & Maria Buenaventura

v. CA & Manotok Realty, Inc.
GR 50837, Dec. 28, 1992

The defense of laches applies independently of prescription. Laches is different from

the statute of limitations. Prescription is concerned with the fact of delay, whereas
laches is concerned with the effect of delay. Prescription is a matter of time; laches is
principally a question of inequity of permitting a claim to be enforced, this inequity
being founded on the same change in the condition of the property or the relation of
the parties. Prescription is statutory; laches is not. Laches applies in equity, whereas
prescription applies at law. Prescription is based on fixed time; laches is not.

Page | 34
What is Prestation?

Page | 35
Art. 1156, Comment (3)

A prestation is an obligation; more specifically, it is the subject

matter of an obligation—and may consist of giving a thing, doing or
not doing a certain act. The law speaks of an obligation as a juridical
necessity to comply with a prestation. There is a “juridical
necessity”, for non-compliance can result in juridical or legal
sanction.

Page | 36
Give the facts, issue, and ruling in the case
of Pelayo v. Lauron

Page | 37
Art. 1156, comment (6)

Pelayo v Lauron
12 Phil. 453

FACTS: A wife was about to deliver a child. Her parents-in-law called the doctor.

ISSUE: who should pay the doctor: the husband, or the parents?

RULING: The husband should pay, even if he was not the one who called the doctor. It
is his duty to support the wife, and support includes medical attendance. The duty to
pay is an obligation to give, and is imposed by the law.

Page | 38
Give the sources of obligations

Page | 39
Art. 1157

Obligations arise from:

1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law; and
5. Quasi delicts

Page | 40
What is the difference between an
Obligation and a Contract?

Page | 41
Art. 1159, Comment (4)

An obligation is the result of a contract (or some other source).

Hence, while a contract, if valid, always results in obligations, not all
obligations come from contracts. A contract always presupposes a
meeting of the minds; this is not necessarily true for all kinds of
obligations.

Page | 42
 Define:
Quasi-Contract
Negotiorum Gestio
Solutio Indebiti

Page | 43
Art. 1160, Comment (1), (3), (4)

Quasi-Contract: A quasi-contract is that juridical relation resulting from a lawful,

voluntary, and unilateral act, and which has for its purpose the payment of indemnity to
the end that no one shall be unjustly enriched or benefited at the expense of another.

Negotiorum Gestio (Unauthorized management): This takes place when a person

voluntarily takes charge or another’s abandoned business or property without the
owner’s authority.

Solutio Indebiti (Undue payment): This takes place when something is received when
there is no right to demand it, and it was unduly delivered through mistake. The
recipient has the duty to return it.

Page | 44
Give the governing rules of Obligations Ex
Delicto or Ex Maleficio and give the
pertinent provision of the Revised Penal
Code

Page | 45
Art. 1161, Comment (1), (2)

Governing Rules:
A. Pertinent provisions of the RPC and other penal laws, subject to the provisions
of Art. 2177, Civil Code
B. Chapter 2, Preliminary Title, on Human Relations (of the Civil Code)
C. Title 18 of Book IV of the Civil Code—on Damages

Pertinent Provision of the Revised Penal Code:

Art. 100: “Every person criminally liable for a felony is also civilly liable.”
The reason lies in the fact that oftentimes the commission of a crime causes not only
moral evil but also material damage. If no material damage is done, civil liability cannot
be enforced.

Page | 46
What is included in Civil liabilities arising
from a crime, the kind of proof needed,
and are the effects of acquittal in a
Criminal case?

Page | 47
Art, 1161, Comment (5), (10), (11)
What Civil Liability Arising from a Crime Includes:
a. Restitution
b. Reparation of the damage caused
c. Indemnification for consequential damages
Kind of proof needed:
a. If a civil action is merely instituted, mere
preponderance of evidence is sufficient
b. If a criminal case is brought (and with it, a
civil case), the guilt must be established by
proof beyond reasonable doubt.
Effects of Acquittal in a Criminal Case:
Suppose a defendant in a criminal case is
acquitted, can he still be held liable civilly?
ANS: It depends.
a. If the reason why there was an acquittal
was because the accused could not have
committed the act (as when he was in
another country at the time he was
supposed to have murdered somebody in
the Philippines), no civil action can later on
be brought.
b. If the reason for the acquittal was because
of an exempting circumstance, he would
still be civilly liable.
c. If there is an independent civil action
allowed by the law, civil liability may still
arise if this action is instituted and the
defendant’s liability is proved by mere
preponderance of evidence.
Page | 48
Define Quasi-Delict, Negligence, and give
the requirements before a person can be
held liable for a Quasi-Delict

Page | 49
Quasi-Delict: A Quasi-Delict is a fault or act of negligence (or omission of care) which causes damages
to another, there being no pre-existing contractual relations between the parties.

Negligence:
a. Negligence is the failure to observe, for the protection of the interests of another person,
that degree of care, precaution, and vigilance which the circumstances justly demand, whereby
such other person suffers injury.
b. As defined by the Civil Code, negligence is the omission of that diligence which is required by
the circumstances of person, place, and time. Thus, negligence is a question of fact.

Requirements before a person can be held liable for a Quasi-Delict:

a. There must be a fault or negligence attributable to the person charged
b. There must be damage or injury
c. There must be a direct relation of cause and effect between the fault or negligence on the
one hand and the damage or injury on the other hand (proximate cause).

Page | 50
Give the facts, issue, and ruling in the case
of Ronquillo, et al v. Singson

Page | 51
 Ronquillo, et al. v. Singson
CA, L-22612-R, April 22, 1959

FACTS: A man ordered a ten-year-old boy, Jose Ronquillo, to climb a high and rather slippery Santol
tree, with a promise to give him part of the fruits. The boy was killed in the act of climbing.

ISSUE: Is the person who ordered him liable?

RULING: Yes, in view of his negligent act in making the order. He did not take due care to avoid a
reasonably foreseeable injury to the boy. The tree was a treacherous one, a veritable trap. His act was
clearly a departure from the standard of conduct required of a prudent man. He should have desisted
from making the order. Since he failed to appreciate the predictable danger and aggravated such
negligence by offering part of the fruits as a reward, it is clear that he should be made to respond in
damages for the actionable wrong committed by him.

Page | 52
What are the kinds of delivery?

Page | 53
Art. 1164, Comment (3)

Delivery may either be actual or constructive.

A. Actual delivery (or tradition): where physically, the property changes hands.

B. Constructive delivery: that where the physical transfer is implied. This may be done by:

a. Traditio simbolica (symbolical tradition)- as when the keys of a bodega are given.
b. Traditio longa manu (delivery by the mere consent or the pointing out of the
object).
c. Traditio brevi manu—(delivery by the short hand; that kind of delivery whereby a
possessor of a thing not as an owner, becomes the possessor as owner).
d. Traditio constitutum possessorium- the opposite of brevi manu; thus, the delivery
whereby a possessor of a thing as an owner, but in some other capacity (like a
house owner, who sells a house, but remains in possession as tenant of the same
house).
e. Tradition by the execution of legal forms and solemnities (like the execution of a
public instrument selling land).
Page | 54
Give the different kinds of Mora and their
nature, requisites, and effects

Page | 55
Art. 1169, Comment (4), (5), (6)
Different kinds of Mora:
1. Mora Solvendi
a. Mora Solvendi ex re (debtor’s default in real
obligations)
b. Mora solvendi ex persona (debtor’s default in
personal obligations)
2. Mora accipiendi (default on the part of the creditor)
3. Compensatio morae(when in a reciprocal obligation both
parties are in default; here it is as if neither is in default)
Requisites for mora solvendi:
1. The obligation must be due, enforceable, and
already liquidated or determinate in amount.
2. There must be non-performance.
3. There must be a demand, unless the demand is not
required. When demand is needed, proof of it must
be shown by the creditor.
4. The demand must be for the obligation that is due
and not for another obligation, nor one with a
bigger amount, except in certain instances,
considering all the circumstances.
Effects of Mora Solvendi:
1. If the debtor is in default, hey be liable for interest
or damages
2. He may also have to bear the risk of loss
3. He is liable even for a fortuitous event
Mora accipiendi:
1. The creditor is guilty of default when he
unjustifiably refuses to accept payment or
performance at the time said payment or
performance can be done.
2. If an obligation arises ex delicto (the result of
crime), the debtor-criminal is responsible for loss,
even though this may be through a fortuitious
event, unless the creditor is in mora accipiendi.
3. The improper refusal of the lessor to accept the
rents tendered by the lessee places said lessor in
default and he must shoulder the subsequent
accidental loss of the premises leased.
Page | 56
Give the kinds of Damages

Page | 57
Art. 1170, Comment (4)

a. MORAL: for mental and physical anguish

b. EXEMPLARY: to vindicate a right – when no other kind
of damages may be recovered
c. TEMPERATE: when the exact amount of damages
cannot be determined
d. ACTUAL: actual losses as well as unrealized profit
e. LIQUIDATED: predetermined beforehand by
agreement
Page | 58
Define Contract of Carriage and Gross
Inexcusable Negligence

Page | 59
Art. 1174, Comment (3), (4)

A contract of carriage is defined as one whereby a certain person or

association of persons obligate themselves to transport a) persons
b) things c) news from one place to another for a fixed price.

Gross Inexcusable Negligence is negligence characterized by the

want of even slight care-acting or omitting to act in a situation
where there is a duty to act, not inadvertently but willfully and
intentionally, with a conscious indifference to consequences insofar
as other person may be affected.
Page | 60
Define Fortuitous Event and give its
Essential Characteristics

Page | 61
Art. 1174, Comment (10), (4)

Fortuitous events, by definition, are extraordinary events not foreseeable or

avoidable.

Essential Characteristics of a Fortuitous Event:

1. The cause must be independent of the will of the debtor

2. Impossibility of foreseeing or impossibility of avoiding it, even it
foreseen
3. The occurrence must be such as to render it impossible for the
debtor to fulfill his obligation in a normal manner.

Page | 62
What are the rights of creditors after
having pursued the property in possession
of debtor to satisfy their claims?

Page | 63
Art. 1177, Comment (1)

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.

Rights of Creditors:
1. Exact payment
2. Exhaust debtor’s properties, generally by attachment
3. Accion subrogatoria (subrogatory actions): exercise all rights and actions
except those inherent in the person (like parental authority, right to revoke
donations on ground of ingratitude, hold office, carry out an agency).
4. Accion Pauliana (impugn or rescind acts or contracts done by the debtor to
defraud the creditors).
Page | 64
Give examples of rights inherent in the
person of the debtor which cannot be
exercised by the creditors

Page | 65
Art. 1177, Comment (2)

Examples of rights inherent in the person of the debtor and which therefore cannot be
exercised by the creditors:

1. The right to existence, thereby exempting from the reach of the creditors,
whatever he may be receiving as support.
2. Rights or relations of a public character (like positions in the government).
3. Rights of an honorary character (like a doctor’s degree, honoris causa).
4. Rights pertaining to the affairs of the home and the family (such as the
personal rights of the husband and wife).
5. Rights granted by law only to the debtor such as the action to revoke a
donation on the ground of ingratitude
6. The right to appear in court proceedings, like the settlement of an estate.

Page | 66