1. Art 19 20 21 2176 Lacks element of consent and no formal contract bet.

Lacks element of consent and no formal contract bet. parties however law considers them to have entered in an
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give agreement purposely to prevent injustice.
everyone his due, and observe honesty and good faith. -Negotiorum gestio (voluntary management of prop/affairs of another w/o knowledge/consent of another)
-Solution indebiti (juridical relation w/c takes place when something is received when there’s no right to demand it & it
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter was unduly delivered thru mistake; duty to return it)
for the same.
6. Whe did NCC take effect? August 30, 1950
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage. 7. Is Sagrada Ruling still a valid law? Because it is based on old law.
Yes because art 1089 of old civil code is the same as art 1157 of NCC
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called 8. What are the causes of obligation?
a quasi-delict and is governed by the provisions of this Chapter. Art. 1157. Obligations arise from:
(1) Law; imposed by the law itself
2. St. Martin Polyclinic v. LWV Construction. Med Cert what day issued? When did deployment happen? Where did the (2) Contracts; when they arise from the stipulation of parties
construction company filed the complaint? Ruling? (3) Quasi-contracts; when they arise from lawful, voluntary & unilateral act w/c are enforceable to the end that no one
shall be unjustly enriched (obli to return money paid by mistake)
Medical Report dated January 11, 2008 (Medical Report) (4) Acts or omissions punished by law; and
Respondent filed a complaint for sum of money and damages against the petitioner before the MeTC of Mandaluyong (5) Quasi-delicts; when they arise from damage cause to another through an act/omission there being fault/negligence
RULING: but no contractual relation exists bet the parties
In this case, the courts a quo erroneously anchored their respective rulings on the provisions of Articles 19, 20 and 21 of
the Civil Code. This is because respondent did not proffer any law as basis for which damages may be recovered due 9. When is an obligation purely created by law? What is the test? Example.
to Petitioner’s alleged negligent act. Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special
In its amended complaint, respondent mainly avers that had petitioner not issue a “fit for employment” Medical Report to laws are demandable.
Raguindin, Respondent would not have processed his documents, deployed him to Saudi Arabia, and later on – in view -if the law itself provide for its creation. Ex: payment of taxes
of the subsequent findings that Raguindin waspositive for HCV and hence, unfit to work – suffered actual damages.
Thus, as the claimed negligent act of petitioner was not premised on the breach of any law, and not to mention the 10. Distinguish from an obligation not purely created by law
incontestable fact that no pre-existing contractual relation was averred to exist between the parties, Article 2176 – instead if the law itself provide for its creation
of 19, 20 and 21 – of the Civil Code should govern
11. what is a contract, delict (crime), Quasi delict, quasi-contract? What is the intent
3. Sagrada v. NaCoCo Contract – An agreement between two or more parties that creates in each party a duty to do or not do something, and
the right to performance of the other party’s duty or a remedy for a breach
4. What is Quasi-delict (connected w/ Sagrada case)? Difference from implied contract (quasi-contract)?
Delict- an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
Culpa aquiliana vs Culpa contractual
Quasi-delict - Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is
Separate source of oligation
definition Foundation of liability is contract obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the
independent of contract
parties, is called a quasi-delict
Substantive and
characterist ic Incident of the performance of an obligation
independent
Quasi-contract - arise from lawful, voluntary & unilateral act w/c are enforceable to the end that no one shall be unjustly
There may or may not be a enriched (obli to return money paid by mistake)
pre- existing contractual Party relationship Pre-existing contractual relation — Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end
relationship
that no one shall be unjustly enriched or benefited at the expense of another.
Defendant's negligent act or
Source of obligation Breach of contract
omission 12. Can an obligation arise from tort? Where among the 5 sources of obli? Can it be a source of liability?
Negligence of the defendant What needs to be proven Existence of the contract and its breach Torts- Can be based on all 5 sources of obligation as enumerated in Art. 1157, NCC
Prof of diligence is a valid
Availability of diligence Proof of diligence is not a defense 13. Can a law be source of tort? When? Yes. Strict liability. Ex. Art 2183 (possessor of animals) and Art 2193 (head of
defense
family)
Implied contract is an agreement created by actions of the parties involved, but it is not written or spoken.
14. Can a contract be a source of tort (liability)? How?
5. What is the basis of obli/ juridical tie in Quasi-contract?
Art. 1157