Professional Documents
Culture Documents
1. Can parties stipulate terms and conditions in a contract which is contrary to law,
public order or public policy?
Thus, if the laws are not mandatory or prohibitory (directory, etc.) then the
contracting parties may stipulate terms and conditions which are contrary to law (as
long as they are not mandatory or prohibitory), public order or public policy
b. Quasi delict: not necessary that the employer is engaged in a trade or industry
Criminal Offense: it is necessary that the employer is engaged in trade or industry
c. Quasi delict:
3. If Christian Grey is acquitted in a criminal case, may a civil case still be filed against
him?
4. What is Article 100 of the RPC?
Article 100: Every person criminally liable for a felony is also civilly liable.
-talks about the dual aspect of a criminal offense (the criminal and civil aspect)
1. An imbecile or an insane person, unless the latter has acted during a lucid
interval.
2. A minor.
3. Any person who while performing an act with due care, causes an injury
by mere accident without fault or intention of causing it
4. Any person who acts under the compulsion of an irresistible force.
5. Any person who acts under the impulse of an uncontrollable fear.
6. Any person who fails to perform an act required by law, when prevented
by some lawful or insuperable cause.
2. Real contracts
those which require not only the consent of the parties for their perfection ,
but also the delivery of the object by one party to the other.
12. What are the classifications of Obligations under RPC? (tanong kay Radz)
1. Pure and Conditional
2. With a Period
3. Alternative and Facultative
4. Joint and Solidary
5. Divisible and Indivisible
6. With a Penal Clause
13. Quasi-contracts: In negotiorum gestio, who is obligated? Who is the obligee?
14. What the owner incurs loss during the management of the property?
15. What is a solutio indebiti?
Juridical relation which arises whenever a person unduly delivers a thing through
mistake to another who has no right to demand it.
17. What is an obligation according to JBL Reyes in the case of Makati Stock
Exchange? (tanong kay Radz)
Source: Makati Stock Exchange vs. Campos
Obligation- is a juridical relation whereby a person (called the creditor) may demand
from another (called the debtor) the observance of the determinative conduct (the giving,
doing or not doing) and in case of breach, may demand satisfaction from the assets of the
latter.
18. When does an obligation arise from law and when can you say that it arises from a
contract, quasi-contract , criminal offense and quasi delict? (tanong kay marj)
It arise from law when the law establishes the obligation and the act or condition
which predicates the obligation is nothing more than a factor in determining the
moment it becomes demandable.
CASES:
Makati stock exchange vs. Campos (tanong ni shinji)
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Issue is whether or not Campos has the right to participate in the allocation of IPOs
No because his alleged right is based on customs or practice which is not one of the 5
sources of obligations stipulated by the civil code and a custom is not a source of
right that is demandable and enforceable by law
A contract has a force of law between the contracting parties and should be complied
with in good faith.
Tips:
If the prof ask you a YES or NO question, ask yourself whether the question can be qualified. If
it is answerable by yes or no then start with MISS I QUALIFY MY ANSWER or MISS IT
DEPENDS, IF
IN EXAMS, it is better if you will write the legal reason first before saying yes or no answer
the yes or no in the concluding part of your answer so that at least the prof will be able to read
your reason and might give you extra points instead na if mali na ang yes or no mo sa first part
din a niya babasahin ang reasons
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.
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.
10. What are the obligations of the Debtor if the object is generic? Determinate thing?
The following are the obligations of the debtor if the object is generic:
1. To deliver a thing which is neither of superior nor inferior quality
2. Liable for damages in case of breach of obligation
Liability subsist even if thing is lost through fortuitous event because the
genus of a thing can never perish (genus nunquam peruit)
The following are the obligations of the debtor if the object is determinate:
1. To perform the obligation specifically
2. To take care of the thing with the proper diligence of a good father of a family
3. Deliver all the accessions and accessories of the thing
4. Liable for damages in case of breach of obligation by reason of delay, fraud,
negligence and contravention of tenor
Legal Basis: as stated in Article 1165 right granted him by Article 1170
Article 1170: Those who in the performance of their obligation are guilty of
fraud, negligence or delay and those who in any manner contravene the tenor
thereof, are liable for damages.
Creditor can order he delivery from a third person at the expense of the debtor
Legal Basis: Article 1165, Par. 2: If the thing is indeterminate or generic, he may ask
that the obligation be complied with at the expense of the debtor.
12. What is negligence?
Negligence- consist in the omission of diligence which is required by the nature of a
particular obligation and corresponds with the circumstances of the persons, of the time
and of the place.
13. When does the delay of the delivery of the thing and its fruits arises?
Qualify the answer for it:
Depend upon the nature of the obligation. If it is derived from law, quasi-contracts,
criminal offenses and quasi-delicts, the delivery arises from the time designated by
the provisions of the Civil Code or the Special Laws.
If it is derived from a contract, then it arises from the moment of the perfection of
the contract.
14. What are the remedies of the creditor if there is failure of delivery on the part of the
obligor?
1. Exhaust the property in possession of debtor
2. Be subrogated to all the rights and action of the debtors save those which are inherent
in his person *subsidiary
3. Impugn all the acts which the debtor may have done to defraud him *subsidiary
Article 1733: Common carriers, from the nature of their business and for reasons of
public policy, are bound to observe extraordinary diligence in the vigilance over the
goods and for the safety of the passengers transported by them, according to all the
circumstances of each case.
18. Can a party stipulate observance of care that is ordinary or below than that of the
standard?
One whose effectivity or extinguishment does not depend upon the fulfillment or
non-fulfillment of a condition or upon the expiration of a term or a period which
as a consequence, is characterized by the quality of immediate demandability.
8. Casual
Fulfillment depends upon chance and/or will the will of one of the
parties of the obligation
9. Mixed
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4. What is dolo?
Dolo consist in the conscious and intentional proposition to evade the normal
fulfillment of an obligation.
It depends. If the waiver is for future fraud, then it is void. If the action taken is to
Potestative conditions are conditions whose fulfillment depends upon the will of a
party to the obligation.
If it depends upon the will of the creditor; the condition and obligation is valid.
If it depends upon the will of the debtor; the condition and obligation is void.
Legal Basis: Article 1182: When the fulfillment of the condition depends upon the will
of the debtor, the conditional obligation shall be void. If it depends upon chance or the
will of a third person, the obligation shall take effect in conformity with the provisions of
this Code.
10. Define condition.
2. As to requisites:
3. As to fulfillment
Term an interval of time which must necessarily come, although it may not
be known when
Condition- future or uncertain fact or event which may or may not happen
4. As to influence on obligation
Term- merely exerts an influence upon the time of the demandability or the
extinguishment of an obligation
5. As to retroactivity of effects
Term does NOT have retroactive effects unless there is an agreement to the
contrary
Term if left exclusively to the will of the debtor, the existence of the
obligation is not affected
Condition- if left exclusively to the will of the debtor, the very existence of
the obligation is effected
13. Promise to pay debt once you receive money: is it a conditional obligation? Pure
obligation or an obligation with a period?
Legal Basis: Article 1180: When the debtor obliges himself to pay when his
means permits him to do so, the obligation is deemed to be oe with a period,
subject to the provisions of Article 1197.
Article 1180: When the debtor obliges himself to pay when his means permits
him to do so, the obligation is deemed to be oe with a period, subject to the
provisions of Article 1197.
Article 1197: If the obligation does not fix a period, but from its nature and
the circumstances it can be inferred that a period was intended, the courts may
fix the duration thereof.
The courts shall fix the duration of the period when it depends upon the will
of the debtor.
In every case, the courts shall determine such period as may under the
circumstances have been probably contemplated by the parties. Once fixed by
the courts, the period cannot be changed by them.
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.
16. What are specific steps the creditor must do to avail the remedy?
1. Exhaust the possession of the creditors
2. Exercise all the rights and bring all the actions the debtor may have against third
persons
3. Impugn all the acts which the debtor may have done to defraud the creditor
19. Define: suspensive vs. resolutory *not just the effectsdefine them
23. What are the rights or the creditor to protect his credit? (Art. 1177)
NO, the primary remedy is to exhaust the properties of the debtor and the
27. Can the creditor choose the subsidiary remedies simultaneously or not?
actions done by debtor intended to defraud the creditor, the creditor must be
prejudiced by the acts of the debtor because accion subrogatoria is just a
subsidiary remedy
30. Hypo: Edward is indebted to Jacob, Edward receives allowance from Bella which is
not yet collected by the latter. Jacob filed a case,won and executed judgment against Jacob. The
payment was not enough, can Jacob pursue accion subrogatoria against Bella?
Answer: NO. the right to receive allowance falls under Support, thus it is inherent and
personal to Edward.
31. Potestative, Conditional depends upon the will of the debtor? Valid or Void?
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