From Nth BAR CHALLENGER TO

ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
The BAR LAW FOR DUMMIES 2020 (BLD2020) is designed for self-study/self-review and primarily
aimed to
time examinees to pass
help the
the bar
nth exams and for average law students to fully understand difficult concepts of law as
illustrated in our day-
to-day activities. The technique is spoon-feeding and we did much of all the thinking for you to save time. We included all
thepast
in topics
20 asked
years of bar examinations, the bar answers to that bar questions, the relevant jurisprudence as well as the
important codal
provisions. And because we believe that no one has the monopoly of knowledge we plan to make BLD as a
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where readers areREVIEWER”
encourage to email BLD2020 for any correction, addition and suggestion to come up with an ultimate
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Those who will participate shall be acknowledged as part of the Page | 3
community.
Initially, BLD2020 shall be available in hard copies to cope up with the initial expenses entailed. In the
reviewers future, when all
are complete andthe
as the circumstances may warrant, a board of trustees shall be formed to guard the integrity of the
“community
reviewer” and it shall be available via online subscription for a minimal fee just to keep the system afloat. On that note,
weprayers
of ask for for
a lotthe people who would become part of the community to have good health and a focused mind to finish the
work bar
2020 in time for
examination.
You will find that we used Tagalog language and Filipino culture most of the time in explaining the law.
we are more Firstly, it is because
equipped in our own native tongue when expressing our feelings and thoughts, and according to
psychology
students of better
learn learning,
in their native language. Secondly, different concepts of laws are best illustrated with our day-to-day
experiences.
And thirdly, we want the readers to laugh and stay awake by using colorful words and hilarious
situations.
By the way, when you avail of BLD2020 you will be added to a Facebook group exclusive for BLD users. Take
veriafiablenote that only
accounts with email address shall be accepted and retained as member. We will do all the sharing and updates
in that group.
HOW TO UNDERSTAND OBLIGATION AND
CONTRACTS
Of all subjects ng law courses, ang Obligation ang pinaka-boring. Dahil ito yung mga stipulations inside a
in law. Yung contract or stated stated sa law madali ng makita yun – thou shall not kill. Oh di ba – wag kang papatay.
mga obligations
Madaling
Eh intindihin.
paano yung mga stipulations...let say I promise to give you P5,000. Valid ba yun? Syempre hinde. I will give you my
car tomorrow
not valid. I will– give you P1000 today – not valid. Bakit hindi valid? Those promises or words spoken are not obligations.
You
to cannot
court andgotsue me to fulfill my promise. You got no cause of action. Bakit walang kang cause of action? Kasi when I
promise
you to give
P1,000 and I “kyeme” lang....there was no acceptance
from you.
But if i said “ I will give you my car if you climb that tree”. You climb that tree. Ayan....may cause of
equivalentaction
act kana.na Kasi mayKaya dapat tumbasan ko yun. I am now obligated to give you my car. If did not give
ginawa.
you the car – kang tanga hahahaha. Kasi umasa ka na at you already did your part. So there is damages – hindi ka
magmumukha
makatulog, nahihiya
ka sa mga kaibigan....may moral damages na. So there, the promise I made to you has become a juridical necessity. It
means that the
court can compel me to give the car plus
damages.
I promise to marry you. So sinuko mo na ang “divisoria”. Then i did not marry you. There was no cuase of action
consent of–love kasimaking
mutual yun. But if I said I promise to marry you – and then bigla kang umalis – ikinalat mo na ikakasal ka
na....namili ka
ng mga gamit pang-kasal, nag-order ka na ng litson at nangutang ka na ng pambayad sa reception venue....ayan may
damages
have a causena. You
of action. But can i be compelled by the court to marry you? No. It is immoral to compel a person to marry
someone he That is slavery hahahahaha. Biro mo araw-araw kong makikita mukha mo pag-gising ko sa umaga. So, you
does not love.
have a cause
of action for damages. Babayaran kong lahat ang mga nagastos mo plus moral
damages.
What are the sources of obligation? Dalawa lang – acts and law. Law – madaling makita yan kasi nakasulat na.
about it saWe lahatwill
nglearn
law subjects. Examples – no person shall be deprive of life, liberty and property without due process
of lawXXX,
political law sa yan and the obligation is addressed to the State (the active subject). Yung buong Revised Penal Code Book 2 is
all obligations
where the people is the active subject. The Labor Code is addressed to the workers and employers (they are the active
subjects). ticket
pwedeng Hinding sinehan ang ibayad mo sa mga workers mo – dapat pera. Commercial laws like insurance – as long na
nagbabayad
 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
ng premium si insured, the insurer has the obligation to assume the risk. Yung buong Civil Code is full obligation
based on law.
therefore, So, set the standard. It means if the acts contradict or transgress the law – the act is invalid. The act cannot be
the law
anisobligation.
It
void.
Example: I will give you my friend’s car if you passed the bar exam. That is valid. I have to buy that car or any
such whenequivalent
you passedofthe bar. But If I said, I will go naked (wag naman!) and walk in the street if you passed the bar Page | 4
exam.
immoral,Theitact is hence, it is not an obligation. When you pass the bar you cannot compel me to do such
is void,
hahahahahaha....
You see the technique in undertanding oblicon? The act (the source of obligation) must be lawful and carries a
(to pass thereciprocal
bar exam).actAbsence of any of the requirement – the act cannot be a source of the
obligation.
So if i said – bro, ipahiram ko sa iyo yung car ko sa kasal mo bukas. That is not an obligation. “kyeme” lang
yung,
But if I said, charotko
pahiram lang.
sa iyo yung car ko bukas sa kasal mo pero pahiram ng P5,000 ipapa-car polish ko para
makintab....ayan...that
is an obligation. Bakit naging obligation na? Kasi po, ako ay naging debtor ng P5000 at ikaw naman ay naging creditor
ng P5,000.
at the same So,
time – nagkaroon ng commodatum or hiraman ng movable property which is the bridal car. So may
dalawang
CONTRACTS posiblena nangyari sa simple statement na
sinabi ko.
“pahiram ko sa iyo yung car ko bukas sa kasal mo pero pahiram ng P5,000 ipapa-car polish ko para
makintab.”
We are either bailor-bailee or debtor-creditor. Ang tawag sa relationship natin now ay hindi na “bro”. We call it
THE LEGAL TIE OR
VINCULUM.
Question. Ang contract ba ay source of obligation. Yes! Because it is the evidence of our acts to be
promise koaccomplished.
na ipapahiramYung ko sa iyo yung car and the promise of giving the P5000 as rent. Yan ang source of
obligation.
But can a unilateral promise alone be a source of
obligation?
Let say nawawala yung medyas ko. Ang sabi ko in national television.....kung sino man ang maghahanap at
medyas kong makakakuha ng
butas ay bibigyan ko ng P1 MILYON. Si A and B naghanap but C, who have not watched the
announcement,
niya yung medyas naisuot
kongpala
butas. Binigay niya sa akin. Am I obligated to give P1M to C even without his acceptance of
the challenge
look for it? No.to Walang acceptance eh – walang
consent.
Alam ninyo yung “Tambiyolo”? Nowadays puro automated na. Pero 20 years ago...ang Eat BuLaga may pa-
announce raffle.
a raffleThey will- ang maglakip sa sobre ng limang sachet ng Kopiko at sa isang papel ay isulat ang inyong
contest
pangalang,
at edad – ang tirahan
mabububot ay bibigyan ng P10M. So Lahat ng 104 milyon Filipinos raised the flag hahahaha....sumali sa
pa-raffle ng
Bulaga... theEat
management of Eat Bulaga rented the 2 hectares of land para doon ilagay ang lahat ng
envelop entries.
Question? Was there a contract between Eat Bulaga and 104 Milyon Filipinos? Wala. (i dont know nowadays if
mayifspecial
law on raffle, there is, the obligation is based on law, not based on contract. Pero noon wala. So let assume na
walang
today regulatinglaw
special raffle contests). If Eat Bulaga decided not to pursue with the raffle, we cannot sue the company because
there
sourcewas no
of obligation – neither in law
nor act.
E di eto na. Bunutan na. Nabunot ang pangalan mo. Eh di tuwang-tuwa ka. They announce that all winners
office on amust seeday.
certain the Then dumating ka on that date to claim your prize. Does Eat Bulaga have an obligation to give
you P10M? This
time yes. What is the source of the obligation? Contract ba? What type of contract? Debtor-creditor na ba kayo ng Eat
Bulaga? Yes.stated
the sources So, in Article 1157 are exclusive. Meron pa bang ibang sources of obligation?
Wala na.
 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
In summary, the sources of obligation are law and acts. Contracts are the written acts for our convenience.
contracts, Yung
acts orquasi-
omissions punished by law and quasi-delicts are all
under law.

OBLIGATIO
WHAT ARE THE SOURCES OF NS Page | 5
OBLIGATION?
Art. 1157. Obligations arise
from:1 La
2. w
Contract
3. s
Quasi-
4. contracts
Acts or omissions punished by law;
5. and
Quasi-
. delicts
Sa bar exams at law course exams ng kahit na anong subjects (Crim, poli, comm, tax etc) ang laging tanong ay
or “what are “Isthe
X liable”
crime or crimes committed”....it means na babalikan mo yung Article 1157. Ano ba ang source of liability
or obligation?
X inserted his finger to A’s vagina. Is X
liable?
Yes (direct answer). Pero anong source of obligation or liability? Article 1157 (1), the source of obigation is
Criminal law law.onAnong Rapelaw?
- Article
266-A.
X sells his house and lot for P25M. Is the sale taxable? Yes (direct answer). Anong source of obligation?
NIRC Law. What law?
.
X borrowed from Y P10thou plus interest of 5% monthy interest. Is X bound to pay Y P10thou tomorrow? What
obligation?is Contract.
the sourceSo babasahin mo yung contract kung kelan ang due. The contract is the law between X and Y. If
the contract of
that loan is payable 60 days from today, Y cannot demand payment tomorrow. Can X refuse to pay interest? No. The
source is the
contract. Sa contract ay may stipulated interest na 5% interest per month. Can X ask for the reduction of the interest?
Based
contract,on the
theanswer is negative. Hindi pwede. Meron pa bang ibang source of obligation na favorable kay X for Y to
reduce
Yes there is.interest.
the Based on jurisprudence, when the the interest is void, magiging 6% per annum (yearly) lang ang interest ng
mgainterest
5% loan. Here,
per month or 60% interest per annum interest is unconcionable. So X may refuse to pay the interest at 5% per
month.will
court Thereduce it to 6% per
annum.
X was riding a bicycle at nasagasaan niya si Y na naglalaro ng piko sa kalye. Is X liable to pay for damages. Yes.
What is the Quasi-
source of obligation?
delict.
X left home. Depressed. Pasado sa Civil Law (ito pa lang kasi ang available na BLD as of now) pero bagsak
Iniwan niya over-all
yung iyong sa bar.Sari-sari Store without any indication that he was going back soon. Y, who was his assistant
continued
the business. managing
After a year, naging mall na yung sari-sari store. Is Y obligated to keep accounting of the business? Yes. What
is the
of the source
obligation? Quasi-contracts on negotiorum gestio article 2144 to 2153. So, by law obligated si Y to account for the
fruits
of the and capital
business to X. What about X? Ano naman ang source of obligation for him to pay wages and management ng
kanyang
By law isbusiness?
labor code and by equity – unjust enrichment. Dapat may extra-payment siya kay Y for keeping the business
afloat while he and indispose to handle the
was depressed
business.

 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
So nakita ninyo yung secreto ng subject? Anong source ng obligation? Titingin ka sa Article 1157. Pag nandun
obligation,ang source
then of
the person aggrieved has cause of action dahil the obligation is a juridical necessity to give, to do
or not to do.
Art. 1156. An obigation is a juridical necessity to give, to do or not
to do.
That is the reason why the framers of the Civil Code ay hindi law and acts ang nilagay nila na sources. For our Page | 6
hinimay-himay convenience,
na nila para madali nating maintindihan ang mga sources of obligation
which are ff:
Law – quasi delict, quasi contracts, acts or omission punishable by law and
quasi-delicts
Acts – contracts, quasi contracts not covered by law, equity (mababasa ito sa
jurisprudence)
By now, madali na ninyong maiintindihan ang Obligation kahit codal na lang basahin ninyo. Just always ask
confrontedyourself
ng isangwhenever
tanong. Ano ang source ng obligation for damages may be awarded? Titignan mo lang ang Article
1157 and look
for the particular law or particular stipulation in the contract. If you found it in one of the stipulations in the contract, the
next question
“Is the is valid?”.... ayan... hahanap ka uli ng basis sa law to invalidate that stipulation or set aside the contract,
stipulation
and apply the
available remedy for the aggrieved party like recission or annulment of contracts plus damages. Hoy, tandaan mo the
remedy
lang under available
the Civil Code is either specific performance plus damages or rescission plus
damages.
Ok, for now let us discuss the provisions in the Civil
--------- Code.
xxx---------
Obligation,
concept
An obligation is a juridical necessity to give, to do or not do. (Art. 1156, Civil Code of the Philippines) Juridical
the court may necessity that to order the performance of an obligation if the debtor refuses to perform it. If an obligation
be asked
cannot betheenforced
through courts, it may be disregarded with
impunity.
Requisites of
obligation
1 Active subject (creditor or obligee) – The party who has the right to demand performance of the
2. obligation.
Passive subject (debtor or obligor) – The party who is obliged to perform the
3. obligation.– The object or subject matter of the obligation. it may consist of giving, doing or not
Prestation
4. doing something.
Efficient cause – The vinculum or the legal or juridical tie which binds the parties to an obligation. The
. efficient cause
obligation mayofbean
any any of the five sources of
obligation.
Example
s
1 A secured from B a loan of P50,000 with interest at 12% per annum payable on December 30, 2020 pursuant to a
) contract
loan. of
 A is the passive
 subject
B is the active
 subject
The act of giving P50thou plus 12% interest per annum on December 30, 2020 is the
 prestation
The contract of loan is the efficient
cause

 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
2 A is obliged to transport goods of B from Manila to Cebu, and B is obliged to pay A P10,000 as transport
) costs, under
contract of a
carriage.
As regards to the prestation to transport the goods from Manila
to Cebu A is the passive
subject
B is the active Page | 7
subject
Contract of Carriage is the efficient
As regardscause
to the prestation to pay the transport
costs; A is the active
subject
B is the passive
subject
Contract of Carriage is the efficient
cause
Civil obligation and natural obligation
distinguished
A civil obligation (as defined in Art, 1156) is based on positive law; hence, it is enforceable by court action. A
natural
on the other hand,obligation,
is based on natural law; hence, it is not enforceable by court action. The obligation, however, exists
in equity and
moral justice, such that if the debtor voluntarily performs it, he can no longer recover what he
has given.
X made a promissory note with Y as payee for P10,000 payable today. Hanggang kelan pwedeng maningil si
to 10 yearsY? From now
thereafter. The prescription to enforce a written contract in 10 years. If Y did not make “singil” X, after 10
years hindi
pwedeng na siya Y’s right to file a court action has already prescribed. But, under natural law, x is still indebted to Y
maningil.
for P10thou.
after 10 years,IfX paid Y, and then he had a change of mind to get it back dahil prescribed na naman na utang niya, X
cannotheget
what hasback
paid for. He cannot go to court to file recovery of payment because under natural law he is still
indebted to Y.
But let say X executed a promissory note admitting the loan 10 years ago. Yung new promissory note will
admissionstand
of theasloan
an at na-revived ang old loan with the issuance of the
new one.
What are the sources of
obligation?
So, uulitin natin yung Article
1157.
 LAW – rule of conduct, just and obligatory, laid down by legitimate authority for common observance and
benefit. (Sanchez
Roman). Obligations derived from law are not presumed. Only those expressly determined in the Civil Code or in
special
are laws
demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has
not been by the provisions on Obligations. (Art
foreseen,
1158)
X and Y have a contract or agreement. The stipulations in the contract/agreement are the law between
them. Ano
ang limitations? The stipulations must not be contrary to law, morals, good customs, public order or public
policy (Art. 1306).
X was a doctor and contacted by Y to attend to an unconscious child who happened to be passing the
housestruck
when suddenly of Y by lightning. The child survived and X asked for his professional fee. Who is liable to pay
for the services
rendered by X. Was it Y or the parents of the child? So here, magbabanggaan ang contract (agreement) and
the law on
support under the Family Code. Sino mananalo? Syempre yung law. The parents are liable under the Family
Code. Yungbetween X and Y can be set-
agreement
aside.
If out of the good heart ni Y at binyaran niya si X, Y has the right of action for reimbursement against
theUltimately,
of the child. parents it is the parents who are
  liable.

The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 

Law is not presumed. X is the guard in a pawnshop. In an occasion of robbery, X wounded a

happened pedestrian who
to be near to the place where the guard and the robbers exchanged gun shots. X paid for the
hospitalization
pedestrian of the for reimbursement from his employer. Who is liable for the hospital expenses? The
and asked
ultimate
the liable
robbers. are direct his action against the robbers. If the robbers did not pay, X can go after the family of
X can
the reimbursement
for pedestrian under the Family Code. If walang pambayad ang mga robbers and family, X cannot go after Page | 8
his
kasiemployer
hindi naman legally obligated yung employer to pay for the hospitalization ng wounded pedestrian –
walang source
obligation underofArticle
1157.
The law is not presumed. Maghahanap dapat si X ng batas na nagsasaad na ang employer ay
liable forduring
damages incurred any the circumstances of robbery. If walang law, walang liability. Hindi pwedeng i-assume
ni X na dahil
empleyado siya, dapat sagutin ang lahat ng damages he may cause sa pagtatanggol ng
kumpanya.
So ang laging tanong ay “ano ang source ng obligation para magkaroon ng
liablity?”
 Contracts – A contract is a meeting of minds between two persons whereby one binds himself, with respect to
the
giveother, to
something or to render some service (Art.
1305).
Art. 1159. Obligations arising from contracts have the force of law between the contracting parties
and should
complied with inbegood
faith.
o Article expresses the principle of autonomy of will. It presupposes, however, that the contract
is valid and The terms of the contract should, therefore, not be contrary to law, morals, good
enforceable.
customs,
policy, orpublic
public order. If the contract does not violate any of these limitations, it should be
given effect,
notwithstanding the absence of any legal provision at the time it was entered into which
governs it.
o The falsification of a contract by the unauthorized insertion of additional stipulations does not
avoid the which
contract, wholemust still be enforced, disregarding only the additional
stipulations.
o Can damages suffered by a party during the period of negotiations be recovered, if the contract is
not finally
perfected
?
o When an offer is made, the offeree may incur expenses for trips, inspections, testing, plans,
technical
opinions, etc., and such expenses would be a total loss if the offeror suddenly withdraws his
offer. The view among writers admits the possibility of pre-contractual obligations in such
prevailing
cases. The
offer, however, must be clear and definite, thus leading the offeree in good faith to incur
expenses in
the expectation of entering into the contract; and the withdrawal of the offer must be
without
legitimateanycaused. If the offeror, in so acting, is guilty of fault or negligence, his liability
would be 2176
an article based(quasi-delicts). But if there is no fault or negligence, and the withdrawal was
in abuse of
right, then the basis of his liability would be
article 19.
X offered a 10-hectare land for sale to Y who accepted the offer. Y hired a geodetic
engineer
and to plotto the
visitarea if it really is adjacent to his farm. Afterwards, Y informed X that he is
willing to buy
the land at the stipulated price. The latter, without any valid reason, refuse to sell the
property. He,
therefore, is liable to pay the cost for visiting and plotting of the land under
Article 19.

 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595
 
From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
In the same example, X sold the land to a third person. X is guilty of fault, his liability
would
on be based
quasi-
-------- delict.
xxxx--------
Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and should
be complied
with in good
faith.
Page | 9
Ano lang ang limitation for the enforceability of the contract?
Article 1306.
Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they
may deem provided they are not contrary to law, morals, good customs, public order, or
convenient,
public policy.
X sold his car to Y for P200,000 to be delivered in a week to the residence of the buyer. X has the obligation to
deliver the car of the Y in a
to the residence
week.
X sold his friend’s car to Y. The contract of sale is valid. X has to deliver the car to Y. If X failed to deliver the
car to Y, X
be liable forshall
damages.
(Is there a law prohibiting you to sell your neighbor’s house? None. Kaya pwede mong ibenta ang mga houses
and lots sa ninyo. Ang problema ay ang delivery. You cannot deliver the house unless you have an authority
subdivision
from the owner)
(Is the sale void? No. The sale is only unenforceable (Art. 1403) na pwedeng i-ratify ng neighbor mo. Let say
yousell
to were
the able
house for P20M at tinanggap ni neighbor ang pera – the then unenforceable contract of sale is
now ratified)
X mortgaged his friend’s car to Y. The contract of mortgage is void. Under the law, the mortgagor must be the
absolute
and owner
has the free disposal of the thing to mortgage (Art.
2085).
---------
xxx----------
 QUASI-CONTRACTS – They refer to certain lawful, voluntary and unilateral acts giving rise to a juridical
relation
that to the
no one endbe unjustly enriched at the expense of another (Art. 2142). There is unjust enrichment
shall
“when a retains
unjustly person a benefit to the loss of another, or when a person retains money or property of another against the
fundamental
principles of justice, equity and good conscience.” (Locsin II vs. Mekeni Food Corporation, G.R. No. 192105,
December
2013; Loria9,vs. Munoz, G.R. No. 187240, October 15,
2014).
The act giving rise to quasi-contract must be lawful, thereby distinguishing it from crime in which the
is unlawful;actitormust
omission
be voluntary, thus differentiating it from quasi-delict, which is based on fault or negligence
or mere lack
foresight; andofit must be unilateral, to distinguish it from contract in which there are two parties who come to
an agreement.
Quasi – contracts. Tinawag yan na quasi dahil walang meeting of minds. Let say yung manok
natutulog mo ay laging
sa bubong ko. Eh gutum ako...gusto kong gawing tinola. Pag niluto ko yun..i will be liable
criminally. Soako
magpa-alam kailangan
sa iyo, at magkaroon tayo ng agreement (contract) na pag niluto ko yun – bibigyan kita ng
ulam
ko na kasi
yungsagot
rekado. Paano nagiging quasi-contract. Ganito yun. Let say wala ka at nagbabakasyon. Nakita ko
yungatmanok
mo may sipon...at tingin ko may sakit. Ginamot ko on my own volition. O di ba hindi naman ako nagpaalam sa
iyo pero
have youme sa mga gamot na binili ko para gumaling yung manok mo. You are liable to pay me for the
to pay
necessary expenses
based on QUASI-
CONTRACT.
Let say dahil na naiingayan ako sa manok mo. Hinuli ko at in the pretext na gagamutin ko dahil
pinakain ko mayng sipon
lason.–That is not qausi-contract – that is a crime. I am obligated to pay you damages based
  ON LAW.

The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
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From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 

Let say dahil may sipon ang manok mo – Nilagay ko sa sako at pinausukan ko ng 30 minutes
because
nakakagaling I thought
ang usok. Kaso the chick died. That is not quasi-contract – that is quasi-delict. The death s
caused by Ilack
foresight. of
am liable to pay you damages based on QUASI-
DELICT.
Let say pumayag ka na gamutin ko yung manok mo. So may agreement na tayo. We have a Page | 1
relationship.
pareho tayong tanga naKaso
pag-ginilitan pala manok namamatay…hahahaha. I am liable based on CONTRACT
(agreement).
Hahaha tinola na lang natin si sarimanok at nagugutum na rin ako
hahahahaha
These are simple examples para hindi ninyo
malimutan.
o Negotiorum gestio – Art. 2144. Whoever voluntarily takes charge of the agency or management of the
business
property or of another, without any power from the latter, is obliged to continue the same until the
termination
affair and itsofincidents,
the or to require the person concerned to substitute him, if the owner is in a
position to do so.
This juridical relation does not arise in either of these
instances:
(1) When the property or business is not neglected or
abandoned;
(2) If in fact the manager has been tacitly authorized by the
owner.
X and Y are owners of piggery farm. One day Y was not able to tend the farm due to pneumonia.
When
that theXpigs
noticed
needed to be fed, he himself bought extra feeds and take good care of them. When one
of the
got pigs
sick, he called on a vet to have them immunized. Y incurred necessary and useful expenses in the
process.
must X
reimbursed Y for such expenses. Otherwise, he will be unjustly himself at Y’s
expense.
Hindi pwedeng maging katwiran ni X na hindi naman niya sinabi na alagaan ang mga baboy niya
while he was
away.

Art. 2150. Although the officious management may not have been expressly ratified, the owner of the
property who
business or enjoys the advantages of the same shall be liable for obligations incurred in his
interest, and
reimburse theshall
officious manager for the necessary and useful expenses and for the damages which the
lattersuffered
have may in the performance of his
duties.
The same obligation shall be incumbent upon him when the management had for its purpose the
prevention
imminent and of an
manifest loss, although no benefit may have been
derived.
Let say Y had to gather all the pigs to a safe place due to an incoming storm. Nilagay niya sa farm
niya ang
baboy ni mga
X and consequently, some of the plants where trampled. X must pay for the
damages.
o Solution indebiti – Article 2154-
2163
Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered
through mistake,
the obligation to return it
arises.
Simpleng-simple. Sobrang sukli na binigay sa iyo ng tindera. Dapat
mong isauli.
Sobrang bill ng meralco. Dapat
  isauli.

The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
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From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 

X had a loan payable next month. X thought it is due today, and paid it. He may recover the undue
payment (Art
2156)
.
Y accepted X payment knowing that it was not yet due, and he did not inform X about it. He must
return it If
interest. with legala thing, let say a cellphone, Y is also liable for any loss or impairment. If in good faith
it was Page | 1
si
notY,beheliable
shall for interest if it was money, or to any loss or impairment if the it was a thing except
when
for hishe used
own it
benefit. Let say, ginamit niya yung cellphone, then, nasira screen. He must restore it.
Kung naibenta
na niya, he must reimburse the price to the person who delivered the cellphone or assign the right to
collect
2159- (Art.
60).
UST Cooperative vs. City of Manila L-17133, December
31,1965
UST Cooperative paid municipal taxes and license fees to the city government unaware that under a
new law it “from all taxes and government fees” Later, it learned of its exemption and sought to
was exempt
recover from the the taxes it had paid to the latter. The city government refused to refund
city government
said taxes.
UST Cooperative can recover such taxes from the city government which has a duty to return what has
been paid under the principle of solution
by mistake
indebiti
Commissioner of Internal Revenue vs. Fortune Tobacco Corporation G.R. No.167274-75,
July 21,2008
The Government is not exempt from the application of solution indebiti. Indeed, the taxpayer expects
fair dealing
from the Government, and the latter has the duty to refund without any unreasonable delay what it has
erroneously
collected. If the State expects its taxpayers to observe fairness and honesty in paying taxes, it must
hold itself
against the same standard in refunding excess (or erroneous) payments of such taxes. It should not
unjustly
itself enrich
at the expense of the taxpayers, x x x Under the Tax Code itself, apparently in recognition of
the pervasive principle, a claim for tax refund may be based on the following; (a) erroneously or
quasi-contract
illegally
or assessed
‘collected internal revenue taxes; (b) penalties imposed without authority; and (c) any sum alleged to
have been or in any manner wrongfully
excessive
collected.
o Other Quasi-
contracts
Article 2164 to 2175 are self-
explanatory.
 Acts or omissions punishable by law – These are crimes or felonies. The commission of a crime makes the
offender
liable. civilly
(Art. 100, Revised Penal Code.) Such liability includes restitution, reparation of the damage caused, and
indemnification
of consequential damages. (Art. 104,
R.P.C.)
o Under article 100 of the Revised Penal Code, “every person criminally liable for a felony is also
o civilly
The liable.”
plain inference from this provision is that the civil liability springs out of and is dependent upon
facts would
true, which,constitute
if a
o crime.
Such civil liability is a necessary consequence of criminal responsibility, and is to be declared and
enforced proceeding
criminal in the except where the in cases where an independent civil action is allowed
o by the law.
Under article 12 of the Revised Penal Code, the following persons are exempt from criminal liability,
even
have if they
committed acts which constitute a crime: (1) An imbecile or an insane person, unless the latter
has acted
during a lucid interval; (2) A person under 15 years of age; (3) A person over 15 years of age and under
18, unless
he has acted with discernment; (4) Any person who acts under the compulsion of an irresistible force;
  and (5) Any

The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
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From Nth BAR CHALLENGER TO
ATTORNEY
OBLIGATIONS AND
BAR LAW FOR DUMMIES TRAINING
CONTRACTS
WITH 1975-2019 BAR QUESTIONS AND
PROGRAM
ANSWERS
 
person who acts under the impulse of an uncontrollable fear of an equal or greater injury. (Parag
2 and 3 asby Sec 6 of RA
amended
9344).
o Art. 104. What is included in civil liability.—The civil liability established in articles 100,101,102,
and 103,Code
(Penal) of this
 Restitutio
includes:
Page | 1
 n; Reparation of the damage
 caused;
Indemnification for consequential
damages.
X stole Y’s car. Let say it is a simple theft, not carnapping. X is civilly liable by returning the car (or its
value)
damages plus actualnasira sa kotse plus damages for the anxiety na naranasan ni X sa pagkawala ng kotse niya.
if may
Kaya di ba sa
dispositive portion may damages plus
kulong.
Kapag murder, may kaukulang presyo ang buhay ng tao, plus damages plus possible income ng victim.
Kapag
kaukulangrape,presyo
may rin ang pagkawasak ng puri, plus damages. Although priceless ang buhay ng tao at ang
puri, the law
provides for certain amount. As I recall, pag rape or murder the civil liablity is P100,000 plus damages. Pero
alam
na ito.koThe
tumaas
law is constrained to assign price although we know that life and chastity are priceless, but for the sake
of penalizing
the accused, indemnification in the form of money must be
awarded.
o Subsidiary liability for a
crime
 In default of the persons criminally liable, innkeepers, tavernkeepers, and any other
persons or shall be civilly liable for crimes committed in their establishment, in all
corporations
cases where
violation a
of municipal ordinances or some general or special police regulation shall
have been by them or their
committed
employees.
Sa St. Lukes Hospital may mga deposit boxes that you can avail of to deposit your valuable
itemsphones,
cell like money etc. Kasi nga madalas ang nakawan sa rooms ng hospital. If one of its
employees
stole your items, St. Lukes shall be obliged to pay for the value of the item plus
damages.
 Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft
within their
houses from guests lodging therein, or for the payment of the value thereof, provided that
such guests
shall have notified in advance the innkeeper himself, or the person representing him, of the
deposit
such of within the inn; and shall furthermore have followed the directions which such
goods
innkeeper or
his representative may have given them with respect to the care of and vigilance over such
goods. No
liability shall attach in case of robbery with violence against or intimidation of persons unless
committed
by the innkeeper’s
employees.
Nag-SOGO ka hahahahaa...dapat lahat ng items mo ay well accounted for at sabihin mo sa
inn-keeper
para maging liable sila in cases of robbery. Wag masyadong mainit hahahaha...pero maiisip
mo
yun pa ba
hahahahahahha..eh pang short time ka lang
naman...hahahahhaha
 The subsidiai liabilit establishe above also applies to employers teachers, persons, and
y
corporations y
engaged ind any kind of industry for felonies committed
, by their servants, pupils,
workmen,
apprentices, or employees in the discharge of their duties. (We will discuss this pag-
dating
subjectnatin sa
na quasi-delict or torts sa BLD
TORTS)
 
The author is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title
to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction,
modification and suggestion at barlawfordummies@gmail.com. Other law subjects will soon be available for 2020
Bar Exams. For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595