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CIVIL CODE OF It is wiser and more just that the law should compel the debtor
to abide by his honor and conscience. Equity, morality and natural
THE PHILIPPINES justice are the binding foundations of all positive law. A broad policy
justifies a legal principle that would encourage persons to fulfil their
OBLIGATIONS AND moral obligations. Furthermore, when the question is viewed from
the side of the payee, the incorporation of natural obligations into the
CONTRACTS legal system becomes imperative (see Report of the Code Commission,
58-59).
Book IV
PRESTATION
Not the thing or object but the particular conduct of the debtor
ART. 1156
which may consist in giving, doing, or not giving, or not doing
An obligation is a juridical necessity to give, to do or not to do.
something (TOLENTINO, 57).
OBLIGATION
REQUISITES OF PRESTATION [PE-CoLD]
A legal relation established between one person and another,
1. Physically and juridically possible;
whereby the latter is bound to the fulfillment of a prestation which
2. Possible equivalent in money;
the former may demand of him (Manresa).
3. Must be within the commerce of man;
A juridical relation whereby a person (creditor) may demand
4. Must be licit/lawful/legal;
from another (debtor) the observance of a determinative conduct (i.e.,
5. Determinate or at least determinable according to pre-
giving, doing or not doing), and in case of breach, may demand
established elements or criteria.
satisfaction from the assets of the latter (Makati Stock Exchange, Inc. v
Campos, GR No. 138814 [16/04/09]).
NOTE: Form is sometimes added as a sixth requisite of prestation
A juridical necessity to give, to do, or not to do (Art. 1156, CC).
but as a general rule however, it cannot be considered as essential.
An obligation arising from law ccan be said to have no form at all
JURIDICAL NECESSITY
(TOLENTINO, 56-57).
Obligation is a juridical necessity because in case of non-
compliance, the courts of justice may be called upon to enforce its
NOTE: Pecuniary interest need not be for the benefit of one of the
fulfillment or, in default thereof, the economic value that it
parties, it may be for the benefit of a third person.
represents. In a proper case, the debtor may also be made liable for
damages, which represent the sum of money given as a compensation
PECUNIARY INTEREST NEED NOT BE OF AN ECONOMIC
for the injury or harm suffered by the creditor or obligee for the
CHARACTER
violation of his rights. (PINEDA, 1).
It is a generally established principle that the prestation should
be susceptible of pecuniary appreciation. However, it need not be of
CIVIL OBLIGATION NATURAL OBLIGATION an economic character, even moral ones in view of the protection
It is one which has a binding Those based on equity and given to them by law, have some pecuniary value (Id., 58).
force in law, and which gives to natural law, which do not grant a
the obligee or creditor the right right of action to enforce their KINDS OF PRESTATION
of enforcing it against the obligor performance, but after voluntary 1. To give – obligation to deliver a movable or an immovable
or debtor in a court of justice; fulfillment by the obligor, thing in order to create a real right, or for the use of the
authorize the retention of what recipient or for its simple possession, or in order to return
has been delivered or rendered to its owner (e.g., sale, deposit, pledge, donation);
by reason thereof (JURADO, 2. To do – covers all kinds of works or services whether
635); physical or mental. It may involve some work on the part
Those obligations without a of the debtor such as in contracts of employment, or
sanction, susceptible of professional services, but in other cases, it may be merely
voluntary performance, but not the necessity of concluding a juridical operation, such as,
through compulsion by legal when a person promises to give a bond;
means (TOLENTINO, 588); 3. Not to do – consists in abstaining from doing some act.
Based on positive law; Based on equity and natural law; This obligation includes the obligation “not to give” (Id.).
Enforceable in courts of justice. Not enforceable in courts of
justice. (see Art. 1423) ELEMENTS OF OBLIGATION [PATO]
1. Passive subject – Known as the obligor or debtor, against
Illustration: whom the obligation is juridically demandable; one who is
A has a right of action, evidence by a promissory note, to collect P1M bound to perform a prestation;
from B, and such promissory note prescribes after the expiration of 10 years 2. Active subject – Known as the obligee or creditor, who can
from the time it accrues, although the latter is no longer bound to pay the demand the fulfillment of the prestation; he who in his
obligation in accordance with the statute of limitations, he is still bound to favor, the obligation is constituted or created;
pay in accordance with equity and natural law (Agoncillo v Javier, 38 Phil. 3. Juridical tie or Vinculum Juris – Binds the parties to the
424). obligation, and which may arise from either bilateral or
unilateral acts of persons; the efficient cause which creates
NATURAL OBLIGATION MORAL OBLIGATION the relation between the obligor/debtor and
There is a juridical tie between No juridical tie; obligee/creditor and is established by:
the parties which is not a. Law;
enforceable by court action; b. Bilateral acts (contracts and quasi-contracts);
Voluntary fulfillment of natural Voluntary fulfillment does not c. Unilateral acts (Crimes and quasi-delicts).
obligations by the obligor produce any legal effect which 4. Prestation/Object of obligation – the particular conduct of
produces legal effects which the courts will recognize and protect. the debtor which may consist in giving, doing, or not doing
court will recognize and protect. something which constitutes the object of the obligation
JURADO, 635-636
NOTE: There must be loss or damage caused to a person by the NOTE: Obligations arising from law are not presumed because
violation of his right before said person becomes entitled to sue they are considered a burden upon the obligor. To be demandable,
another for the enforcement or protection of said right. But except for they must be clearly set forth in the law.
actual or compensatory damages (see Art. 2199, CC), no pecuniary
proof is necessary in order that damages may be awarded (see Art. OBLIGATIONS ARISING FROM LAW (EX LEGE)
2216, CC). When they are imposed by the law itself (e.g., obligation to pay
taxes; obligation to support one’s family).
NOTE: A person has the right to take all legal steps to enforce his The law creates obligation and the act upon which it is based is
legal and/or equitable rights. One who makes use of his legal right nothing more than a mere factor for determining the moment when it
does no injury (qui jure suo utitur mullum damnum facit). Otherwise, it becomes demandable (PINEDA, 10). However, when the law merely
would be damage without injury (damnum absque injuria). acknowledges the existence of an obligation generated by an act
which may constitute the other sources of obligation, and its only
NOTE: In order that the law will give redress for an act or purpose is to regulate such obligation, then the act itself is the source
omission causing damage, the act must not only be hurtful, but of the obligation and not the law (JURADO, 7-8).
wrongful (DE LEON, 8).
Illustration:
If A loses a certain amount to B in a game of “tong-it,” according to
Art. 2014, CC, the former may recover his loss from the latter, with legal
ART. 1157
interest from the time he paid the amount lost. It is evident that in this
Obligations arise from:
particular case the source of obligation of B to refund to A the amount which
1. Law;
he had won from the latter is not a contract, quasi-contract, criminal offense
2. Contracts;
or quasi-delict, but the law itself (see “Leung Ben v O’Brien, 38 Phil. 182
3. Quasi-contracts;
[06/04/1918]).
4. Acts or omissions punished by law; and
5. Quasi-delicts.
NOTE: In the other sources of obligation, there is always some
individual act which gives rise to the obligation; the law intervenes
SOURCES OF OBLIGATION/RIGHTS
only to provide a sanction or to prevent injustice.
1. Law – when they are imposed by the law itself (e.g.,
obligation to pay taxes; obligation to support one’s family)(see
Art. 195 of FC);
ART. 1159
2. Contracts – when they arise from the stipulation of the
Obligations arising from contracts have the force of law
parties (Art. 1306), e.g., obligation to repay a loan by virtue
between the contracting parties and should be complied with in
of an agreement;
good faith.
3. Quasi-contracts – when they arise from lawful, voluntary
and unilateral acts and which are enforceable to the end
CONTRACT
that no one shall be unjustly enriched or benefited at the
It is a meeting of minds between two persons whereby one
expense of another (Art. 2142), e.g., the obligation to return
binds himself with respect to the other, to give something or to
money paid by mistake or which is not due.
render some service (see Art. 1305, CC). It is the formal expression by
4. Crimes or Acts or omissions punished by law – when they
the parties of their rights and obligations they have agreed upon with
arise from civil liability which is the consequence of a
respect to each other.
criminal offense (Art. 1161), e.g., the obligation of a thief to
return the car stolen by him; the duty of a killer to
BINDING FORCE
indemnify the heirs of his victim.
Unlike other kinds of obligations, those arising from contract are
5. Quasi – Delicts or Torts – when they arise from damage
governed primarily by the agreement of the contracting parties as
caused to another through an act or omission, there being
deduced from Art. 1169 which states that such obligations have the
fault or negligence, but no contractual relation exist
force of law between the contracting parties and should be complied
between the parties (Art. 2176), e.g., the obligation of the
with in good faith (JURADO, 9).
head of a family that lives in a building or a part thereof to
answer for damages cause by things thrown or falling from REQUIREMENTS OF A VALID CONTRACT
the same (Art. 2193); the obligation of a possessor of an A contract is valid, assuming all the essential elements are
animal to pay for the damage which it may have caused presents (see Art. 1318, CC) if it is not contrary to law, morals, good
(Art. 2183). customs, public order, and public policy, otherwise the contract is
invalid (Phoenix Assurance Co., Ltd. V US Lines, 22 SCRA 675 [1968]).
NOTE: The list of sources of obligation/rights is exclusive (Sagrado
Orden v Nacoco, GR No. L-3756 [30/06/1952]). REQUIREMENT OF GOVERNMENT APPROVAL IN
CONTRACT
NOTE: Actually, there are only 2 sources: law and contracts, When verification and approval is required by the government
because obligations arising from quasi-contracts, crimes, and quasi- for the validity of a contract, the contract becomes the law between
delicts are really imposed by law (DE LEON, 10-11). the contracting parties only when approved, and where there is
nothing in it which is contrary to law, etc., its validity must be
sustained (Intetrod Maritime, Inc. v NLRC, 198 SCRA 318).
Illustration:
QUASI-CONTRACTS
A, a tax-exempt cooperative store, paid taxes to the
It is the juridical relation resulting from certain lawful, voluntary
City of Manila, without knowing of its tax exemption. In
and unilateral acts. It is the juridical relation resulting from certain
this case, A may recover the payment of taxes for it was
lawful, voluntary and unilateral acts by virtue of which the parties
made under a mistake.
become bound to each other to the end that no one will be unjustly
enriched or benefited at the expense of another. (Art. 2142, CC)
Illustration: NOTE: The third paragraph of Art. 1165 provides that if the
A promised to deliver his “askal na may galis” to B on March 1, 2019. obligor delays, or has promised to deliver the same thing to two or
On Feb 11, 2019, the “askal na may galis” gave birth to a “tuta na may galis more persons who do not have the same interest, he shall be
rin.” responsible for any fortuitous event until he had effected the delivery.
In this case, A is entitled to the “tuta na may galis rin” for the time to This rule only applies to obligations to give a determinate thing.
deliver the “askal na may galis” has not yet arose. Prior to March 1, 2019, B
has acquired no real right but only personal right over the “askal na may CORRELATIVE RIGHTS OF THE OBLIGEE
galis.” 1. Right to specific performance (Art. 1165, CC);
It would be different should the “askal na may galis” gave birth on 2. Right to rescission of resolution;
March 2, 2019. This time, B has a right to the “tuta na may galis rin” from 3. Right to damages due to the following:
the time the obligation to delivery it arose, March 1 (see Art. 1164, CC). a. Fraud;
b. Negligence in the performance of the obligation;
PERSONAL RIGHT REAL RIGHT c. Delay or default;
Right or power of a person to The right or interest of a person d. Any manner in contravention of the tenor of the
demand from another, as a over a specific thing without a obligation (Art. 1170, CC).
definite passive subject, the definite passive subject against 4. Right to the fruits and interest from the time the obligation
fulfillment of the latter’s whom the right may be to deliver arises (Art. 1164, CC);
obligation; personally enforced;
Binding or enforceable only Directed against the whole GENERAL RULE
against a particular person; world; If the damages are due to fortuitous event, the obligor is not
Jus ad rem. Jus in re. liable for failure to deliver (Art. 1174).
DE LEON, 35
EXCEPTIONS
NOTE: The meaning of the phrase “he shall acquire no real right 1. Law (Id.);
over it until the same has been delivered to him,” is that the creditor 2. Stipulation to the contrary (Id.);
does not become the owner until the specific thing has been delivered 3. Nature of the obligation requires assumption of risk (Id.);
to him. Hence, when there has been no delivery yet, the proper
4. Fraud or malice (bad faith) such as when the obligor has
action of the creditor is not one for recovery of possession and
promised to deliver the same thing to two or more persons
ownership but one for specific performance or rescission of the
obligation (see Art. 165, CC; DE LEON, 35). who do not have the same interest (Art. 1165, 3, CC);
5. Debtor was already in delay when the fortuitous event took
KINDS OF DELIVERY place (Id.);
1. Actual (tradition) – where physically, the property changes 6. When the object of the obligation is lost and the loss is
hands; party the fault of the debtor (Art. 1262, CC);
2. Constructive – that where the physical transfer is implied.
7. Obligation arises from a criminal offense (Art. 1263, CC);
a. Traditio simbolica – as when the keys of a house
are given; 8. When the obligation is generic (Id.);
b. Traditio longa manu – delivery by mere consent or 9. When the obligation to deliver arises from a criminal
of the pointing out of the object; offense (Art. 1268, CC);
c. Traditio brevi manu- whereby a possessor of a
thing not as an owner becomes the possessor as DUTIES OF DEBTOR IN GENERIC OBLIGATIONS
owner; 1. To deliver a thing which is neither of superior nor inferior quality
d. Traditio constitutum possessorium – the opposite of (see Art. 1246) - Consequently, the creditor cannot demand
brevi manu; thus, the delivery whereby a a thing of superior quality, neither can the debtor deliver a
possessor of a thing as an owner, retains thing of inferior quality. In determination of the quality of
possession no longer as an owner, but in some the thing which is to be delivered, the purpose of the
other capacity; obligation and other circumstances shall have to be taken
e. Tradition by the execution of legal forms and into consideration.
solemnities 2. To be liable for damages in case of breach of the obligation by
reason of delay, fraud, negligence or contravention of the tenor
PRINCIPAL OF BALANCING OF EQUITIES AS APPLIED IN thereof (see Art. 1170) – also includes obligation to reimburse
ACTIONS FOR SPECIFIC PERFORMANCE all expenses incurred by the creditor in those cases where
In specific performance equity requires that the contract be just the latter avails himself of the right to ask a third person to
and equitable in its provisions, and that the consequences of specific perform the obligation at the expense of the debtor (see Art.
performance likewise be equitable and just. The general rule is that 1165, par. 2).
this equitable relief will not be granted if the result of the specific
performance of the contract would be harsh, inequitable oppressive NOTE: The provisions of Art. 1174 is not applicable to this type of
or result in an unconscionable advantage to the plaintiff (Agcaoili v obligation because genus nunquam peruit (the genus of a thing can
GSIS, GR No. 30056 [30/08/88]). never perish).
Illustration:
ART. 1167 A, lot owner, contracted with B, builder, to build a multi-storey
If a person obliged to do something fails to do it, the same building designed by C. A accepted the work and occupied the building, but
shall be executed at his cost. within one year, it collapsed in an earthquake that destroyed only the
The same rule shall be observed if he does it in contravention building and not the surrounding buildings. Construction was faulty. The
BREACH OF CONTRACT 3. When it appears that the designation of time when the
The failure without justifiable excuse to comply with the terms thing is to be delivered or the service to be rendered was a
of a contract. The breach may be wilful or done unintentionally. controlling motive for the establishment of the contract;
It is the failure, without legal excuse, to perform any promise
which forms the whole or part of the contract (Cathay Pacific Airways Illustration:
Ltd. v Vasquez, 399 SCRA 207). The contract of sale entered into between A and B there is a
stipulation that the machinery which is the object of the sale was
KINDS OF BREACH already on the way from the Cagayan to Manila, but it was
1. Voluntary – arises either by fraud, negligence, delay, and in actually shipped several days after the execution of the contract
any manner contravene the tenor of the obligation (Art. and, as a consequence, A was unable to deliver it within a
1170); reasonably short time to the B, it was held that the plaintiff has
2. Involuntary – arises due to fortuitous events; already incurred in delay since, undoubtedly, the representation
3. Substantial – amounts to non-performance which is the that such machinery was already on the way was one of the
basis for rescission and payment of damages; determining elements of the contract. Consequently, the
4. Casual – a part of the obligation has been performed and subsequent refusal of the B to accept the delivery is justified.
gives rise to liability for damages.
4. When demand would be useless (Art. 1169, CC):
NOTE: Rescission will not be permitted for a slight or casual a. Caused by some act or fault of the debtor;
breach, but only such breaches as are substantial and fundamental as b. Impossibility cause by fortuitous event.
to defeat the object of the parties in making the agreement. (Song Fo &
Illustration:
Co. v Hawaiian-Philippine Co., GR No. 23769).
If A has promised to deliver his automobile to B on 1 Jan
2019, but a few days before such date, the automobile was
DIFFERENT MODES OF VOLUNTARY BREACH
completely destroyed through his fault, and the fact of its
1. Delay or Default (Mora);
destruction was known to B, demand by the latter would be
2. Fraud (Dolo);
useless
3. Negligence (Culpa);
4. Contravention of Tenor.
5. When the obligor has expressly acknowledged that he
really is in default, but it should be noted that his mere
1.) DELAY, DEFAULT OR MORA (Art. 1169)
asking for extension of time is not an express
It refers to the non-fulfillment of obligation with respect to time
acknowledgement of the existence of default of his part
(JURADO, 57).
(PARAS, 124).
Those obliged to give or to do something incur in delay from the
time the obligation judicially or extrajudicially demands from them
JUDICIAL DEMAND
the fulfillment of their obligations (Art. 1169, par. 1).
If the creditor files a complaint against the debtor for the
fulfillment of the obligation.
NOTE Delay in performance of the obligation must be either
malicious or negligent. If delay is only due to inadvertence without
EXTRAJUDICIAL DEMAND
any malice or negligence, the obligor cannot be liable (RCBC v CA, GR
If the creditor demands from the debtor the fulfillment of the
No. 133107 [25/03/99]).
obligation either orally or in writing.
GENERAL RULE
PURPOSE OF DEMAND
Without judicial or extrajudicial demand, the effect of default
For the presumption of good faith.
will not arise (TOLENTINO, 102).
REASON One can never be late in not giving or doing
EXCEPTIONS (When demand is not necessary)
something (DE LEON, 42).
1. When the obligation or the law expressly so declares;
Illustration:
Note: The mere fixing of the period is not enough;
On 1 Jan 2014, A borrowed P10,000 from B evidenced by a promissory
there must be a provision that if payment is not made when
note whereby he undertook to pay the indebtedness on 1 Jan 2016. On 1 June
2017, B brought an action against A for the payment of the obligation as
NOTE: There is no delay in a negative personal obligation (Id.). NOTE: Read in relation to Arts. 1252-1261, CC (Tender of Payment
and Consignation).
A.) MORA SOLVENDI
It is the delay on the part of the debtor to perform; REQUISITES
1. Mora solvendi ex re – obligation to give; 1. Offer of performance by the debtor who has the required
2. Mora solvendi ex persona – obligation to do. capacity;
2. Offer must be to comply with the prestation, as it should be
REQUISITES performed;
1. Failure of the debtor to perform his (positive) obligation on 3. Creditor refuses the performance without just cause
the date agreed upon; (TOLENTINO, 108).
EXCEPTIONS USURY
1. Such liability is expressly specified by the law; It is the contracting for or receiving something in excess of the
2. When declared by the stipulation (see Art. 1306, CC); amount allowed by law for the loan or forbearance of money, goods
3. Where the nature of the obligation requires the assumption or chattels, or credit than the law allows (Tolentino v Gonzales, 50 Phil.
of risk; 588).
It is the taking of more interest for the use of money, goods or
Note: It requires knowledge and appreciation of the chattels or credit than the law allows.
risk and a voluntary choice to encounter it. As applied to
obligations, it refers to a situation in which the obligor or SIMPLE LOAN or MUTUUM
debtor, with full knowledge of the risk voluntarily enters It is a contract whereby one of the parties delivers to another
into some relation with the obligee or creditor. It is based money or other consumable thing, upon the condition that the same
on the doctrine of volenti non fit injuria – no wrong is done amount of the same kind and quality shall be paid. It may be
to one who consents (JURADO, 96). gratuitous or with a stipulation to pay interest (see Art. 1933, CC).
4. When the object of the obligation is lost due partly to the INTEREST
fault of the debtor (Arts. 1170, 1165, CC); Income produced by money in relation to the amount and to the
5. When the object of the obligation is lost after the debtor has time that it cannot be utilized by the owner.
incurred in delay (Id.);
6. When the debtor promised to deliver the same thing to two KINDS OF INTEREST
or more persons who do not have the same interest (Id.); 1. Simple Interest – when the rate of interest is stipulated by
7. When the obligation to deliver arises from a criminal the parties (Art. 2209);
offense (Art. 1268, CC);; 2. Compound Interest – when the interest earned is upon
8. When the obligation is generic… genus nunquam perit (Art. interest due (Arts. 2212 & 1959);
1263, CC). 3. Legal Interest – when the rate of interest intended by the
parties is presumed by law, as when the loan mentions
NOTE There must be NO concurrent or previous negligence or interest but does not specify the rate thereof (Art. 2209).
imprudence on the part of the obligor by which the loss or injury may The same rate is allowed in judgment where there is no
have been occasioned, otherwise the defense of fortuitous event express contract between the parties in anticipation of the
cannot be invoked. same. Its use is not justified where there is a stipulated rate
There should have been no human participation amounting to a of interest in the loan contract;
negligent act in order to be exempt from liability arising from a 4. Lawful Interest – when the rate of interest is within the
fortuitous event. maximum allowed by usury law (Secs. 2 & 3, Act. 2655);
5. Unlawful Interest – when the rate of interest is beyond the
EFFECTS OF FORTUITOUS EVENT maximum fixed by law (DE LEON, 83).
1. On determinate obligation – the obligation is extinguished
(see Art. 1174); LEGAL RATE (Under the Usury Law or Act No. 2655)
2. On generic obligation – the obligation is not extinguished, 1. 12% per annum (from default until fully paid) – for loan,
genus nunquam peruit (see Art. 1263). forbearance of money, goods, or credits, or judgment
involves a loan or forbearance of money, goods or credits,
EFFECTS OF FORTUITOUS EVENT ON PERIOD PROVIDED as prescribed by CB Circ No. 416;
The period of time when the contract was suspended due to 2. 6% per annum (see Art. 2209) – not included above, e.g.,
fortuitous event cannot be deducted from the term of the contract. indemnify for damages occasioned by an injury to a person
or loss of property (Id., 84).
REASON To do so would in effect be an extension of the
contract. MAXIMUM RATE
1. 12% per annum - if the loan is secured in whole or in part by
Illustration: a mortgage upon real estate with a Torrens Title or by any
A received from B a pendant with diamonds valued at P500,000 to be agreement conveying such real estate or an interest
sold on commission basis or to be returned on demand. In the evening of Jan. therein.;
1, 2019, while walking along the Balagtas St., two men snatched her purse 2. 14% per annum - if the loan is not secured as provided
containing the pendant and ran away. Subsequently, the snatchers were above;
apprehended and charged. During the pendency of the criminal case, B
brought an action against A for recovery of the pendant or of its value and MONETARY INTEREST
damages. The latter interposed the defense of fortuitous event, but the former Interest fixed by the parties to a contract for the ease of
contends: (a) that the defense of fortuitous event is untenable because there forbearance of money.
was negligence on the part of the defendant; and (b) that if the defense is
tenable, nevertheless, there must be a prior conviction for robbery before it REQUISITES OF MONETARY INTEREST
can be availed of. 1. The payment of interest must be expressly stipulated (see
All the requisites of a fortuitous event are present in this case. It is Art. 1956);
undeniable that in order to completely exonerate the debtor by reason of a 2. The agreement must be in writing;
fortuitous event, such debtor must, in addition to the casus itself, be free of 3. The interest must be lawful (see Art. 1957).
any concurrent or contributory fault or negligence.
COMPENSATORY INTEREST
Imposed by law or by courts as penalty or indemnity for
ART. 1175 damages.
NOTE: It should be noted that Circular No. 905 did not repeal nor CASES RESCISSION WILL NOT APPLY
in any way amend the Usury Law but simply suspended the latter’s 1. Trivial causes or slight breaches;
effectivity. The legislation of usury is wholly the creature of 2. If there be a just cause for fixing the period within which
legislation. A CB Circular cannot repeal a law. Only a law can repeal the debtor can comply;
another law. Thus, retroactive application of a CB Circular cannot, 3. If the property is now in the hand of an innocent third
and should not, be presumed (Development Bank of the Philippines vs. party who has lawful possession of the same.
Perez, G.R. No. 148541 [11/11/05]).
JUDICIAL APPROVAL
NEEDED – When there has already been delivery of the
ART. 1176 object, unless there is voluntary returning;
The receipt of the principal by the creditor, without NOT NEEDED – when there has been no delivery yet, or
reservation with respect to the interest, shall give rise to the in case there has been delivery, the contract stipulates that
presumption that said interest has been paid. either party can rescind the same or take possession of the
The receipt of a later installment of a debt without reservation property upon non-fulfillment by the other party.
as to prior installments, shall likewise raise the presumption that
such installments have been paid. NOTE The remedy granted is predicated on a breach of obligation
by the other party that violates the reciprocity between them.
NOTE: The first paragraph is in conformity with the rule that if the
debt produces interest, payment of the principal shall not be deemed NOTE The remedy under Art. 1191 is alternative. The party
to have been made until the interests have been covered (Art. 1253; seeking rescission can only elect one between fulfillment and
Hill v Veloso, 31 Phil. 160). rescission. There can be no partial performance and partial
rescission.
NOTE: The rule stated in Art. 1176, par. 2, is in conformity with the
rule stated in Rule 131, Sec. 5, subsec. (i) of the Rules of Court BREACH BY BOTH PARTIES
(JURADO, 103). If the first infractor can be determined, his liability shall be
equitably tempered by the courts;
PRESUMPTION If the first infractor cannot be determined, the obligation
It is the inference of a fact not actually known arising from its shall be extinguished and each shall bear his own damages.
usual connection with another which is known or proved (DE LEON,
88). SUBSIDIARY REMEDIES
The exhaustion of all remedies by the prejudiced creditor to
KINDS OF PRESUMPTION collect claims due him before rescission is resorted to.
1. Conclusive - one which cannot be contradicted like the
presumption that everyone is conclusively presumed to REMEDIES OF CREDITOR TO PROTECT CREDIT
know the law (see Art. 3.); 1. Exhaust the property in possession of the debtor;
2. Disputable - one which can be contradicted or
rebutted by presenting proof to the contrary like
REQUISITES [IPE]
1. Debtor to whom the right or action properly pertains must ART. 1178
be indebted to the creditor; Subject to the laws, all rights acquired in virtue of an
2. The creditor must be prejudiced by the inaction or failure obligation are transmissible, if there has been no stipulation to the
of the debtor to proceed against a third person; contrary.
3. The creditor must have first pursued or exhausted all the
properties of the debtor which are not exempted from TRANSMISSIBILITY OF RIGHTS
execution (Id.). GENERAL RULE
Rights of obligations or those rights which are acquired by
NOTE: A previous approval of the court is not necessary virtue of an obligation are transmissible in character.