MODULE 1

1. Define obligations.
Article 1156 of the Civil Code of the Philippines, obligation defines as, “is a judicial
necessity to give, to do or not to do” because failure or refusal to perform the obligation
gives rise to a right of action.
It comes from Latin word obligatio which means tying or binding.

It is the moral or legal duty that requires an individual to perform, as well as the potential
penalties for the failure to perform. Also a duty to do what is imposed by a contract,
promise, or law.

1. What are the sources of obligations?

 LAW- There is obligation when it was imposed by the law.

Example: The obligation of both husband and wife to support their family.

 CONTRACTS– When the both parties arise from stipulation.

Example: A borrowed money from B, B has the obligation to repay by virtue of

agreement.

 QUASI-CONTRACT-This are judicial relation arising from certain lawful,

voluntary and unilateral acts by virtue of which the parties become bound to each
other based on the principle that no one shall be unjustly enriched or benefited at
the expenses of another.
 CRIMES OR ACTS OR OMISSIONS PUNISHED BY LAW– Civil liability is
arise and it is the consequences of the criminal offense committed.

Example: Mr. X inflicted serious physical injury to Mr. Y, Mr. X will be

responsible for   the payment of all the medical expenses and damages of Mr. Y.
Hence, Mr. X has the obligation for the payments of medical expenses and
damages of Mr. Y.

 QUASI DELICTS or TORTS– When they arise from damages caused to another,
there being fault or negligence, giving rise to the obligation to pay for the damage
done. There must be no pre-existing contractual relation between the parties.

Example: Mr. A bitten by my German dog, I as a possessor of that Dog has the
obligation to the injury of Mr. A caused by my Dog.
2. Define the following.
a. Negotiorum Gestio.
Unauthorized management; arises whenever a person voluntary takes charge of the
agency or management of another’s abandoned business or property without the
latter’s authority.

Example: Mr. Juan the caretaker of house for rent received

the amount of more than the boarders due. Mr. Juan without the power of the owner
of the house increase the payment which is not due to the boarders. Mr. Juan has the
obligation to return the money paid which is not due to the boarders.

b. Solutio Indebiti.
Undue payment; arises when a person unduly delivers a thing through mistake to
another who has no right to demand it.

Example:  Mr. A, the assistant of Mr. B, in the absence of Mr. B, Mr. A received the
amount of 5000 for the payment of B’s labor.  Mr. A has the obligation to give the
amount to Mr. B.

3. What is the source of obligation in the following situations? Briefly explain each.
a. Brent, a minor, was left by his father while he was still five months old. Brent learned
that his father is now a wealthy business man and filed a case in court for support,
through his mother.

Law because of the father’s obligation to give sustain to his minor child and that is in
the law.

b. Jose obligated himself to paint the house of Pedro for the amount of ten thousand
pesos (Php.10, 000).
 Contract- as it appears that there’s an agreement between Jose and Pedro, hence, Jose
has an obligation to do the labor in return of Pedro’s payment.

c. Juana bought a dress in ABC dress shop in the amount of three hundred (Php.300).
Juana pays to the cashier and tendered a one thousand (Php. 1,000) bill. The cashier
gave Juana one hundred (Php. 100) bills. When Juana left, the cashier realized that
Juana was short change for one hundred (Php. 100).

Quasi-Contracts (Solutio Indebiti)- as the cashier mistakenly gave a short change, she
has an obligation to give the exact amount of change to Juana.

d. In one stormy afternoon, Carlos saved a cow while it was carried away by the flood.
Not knowing the owner of the said cow, he bought it to his house and feed them. One
month after, Don-Don claimed the cow from Carlos.

Quasi-contracts (Negotiorum Gestio)- as it—cow is voluntarily taken care by Carlos

without the knowledge or consent of the owner hence, Carlos has an obligation to
return the cow to its real owner.

e. The court convicted Tomas for murdering the husband of Teresa. Tomas met the
penalty of imprisonment for twenty years and awarded one million as a fine to be
given to Teresa.

Crimes or acts or omission punished by law- as murder is a criminal offense, the

convicted criminal has the obligation to fine all incurred by the victim of his assault.

f. Lukas was convicted by the court by running over a pedestrian while he was driving
his car. The court found out that Lukas was negligent that caused the death of the
pedestrian. As a consequence, the court awarded two million pesos to the heirs of the
pedestrian.

Quasi-delicts or Torts- as there is negligence occurred in the situation that caused

damage which is the death of one’s life, hence, the offender has an obligation to
compensate the offended party as a consequence of his negligence.

MODULE 2
1. What is a determinate (specific) thing? What is an indeterminate (generic) thing?
 It is determinate or specific if it is distinct from all others and can individually be classified
or determined. From the word itself determinate meaning can be determined from all
others. 

In contrast, indeterminate or generic thing is the opposite of determinate or specific thing;

is not particularly designated or physically segregated from all others of the same class. It
means that a thing cannot be specifically determined from things of the same class. The
thing can be replaced by another thing that is of the same quality.

a. Lukas promised to deliver his one and only car to Mateo. However, the car was struck by
lightning and burned. Is Lukas still obliged to deliver the car?

With regards to this, Mateo cannot compel Lukas to deliver the said car but he can demand
damages from Lukas.

b. Lukas promise to deliver one sack of rice to Mateo. However, the rice was destroyed by flood. Is
Lukas still obliged to deliver one sack of rice?

Since rice is a generic thing, Mateo can obtain from the other sources because it can be replaced
with the same quality at the expense of Lukas since he wasn’t able to deliver one sack of rice.

2. Juan promised to deliver a horse to Jose. Briefly explain the following obligations of Juan.
a. To preserve the thing.
Every person obliged to give something is also obliged to take care of it with the proper
diligence of a good father of a family.
b. Deliver the fruits.

Jose 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. 

c. Deliver the accessions and accessories.

The obligation to give a determinate thing includes that of delivering all its accessions and
accessories, even though they may not have been mentioned.

d. Deliver the thing itself.

As horse is an indeterminate or generic, Jose may ask that the obligation be complied with
at the expense of Juan.
3. In question no.2, what are the remedies of Jose if Juan fails to comply his obligations?

Jose can ask that the obligation be complied with at the expense of Juan or demand damages
from Juan.

4. Define natural fruits, civil fruits, and industrial fruits?

5. . Natural Fruits - the spontaneous products of the
6. soil, the young and other products of animals
7. produced without intervention of human
8. labor
9. b. Industrial Fruits - those produced by lands of any
10. kind through cultivation brought by an
11. intervention of human labor
12. c. Civil Fruits - those derived by virtue of juridical
13. relation.

Natural Fruits - They are the spontaneous products of the soil, and the young and other
products of animals. (Art. 442) 

Examples: trees that naturally grows. Young and other products of animals.

Industrial Fruits - Industrial fruits are those produced by lands of any kind through cultivation or
labor. (Art. 442) 

Examples: corn and other crops, rice, other products that is a result of cultivation and
intervention of human labor.

Civil Fruits -They are the result of a juridical relation such as the rents of buildings, the price of
leases of lands and other property and the amount of perpetual or life annuities or other similar
income. (Art. 442)

4. Pedro promised to deliver a cow to Tomas. Before delivery of the cow, the cow gave birth to a
calf. Who between Pedro and Tomas has the right over the calf?

Pedro has the right over the calf as the creditor may only has the right to the fruits of the thing
from the time the obligation to deliver the thing arises.
 5. Pedro promised to deliver a cow to Tomas on January 1, 2021. Pedro failed to deliver the cow
on time. In the meantime, the cow gave birth to a calf. Who between Pedro and Tomas has the
right over the calf?

Tomas has the right over the calf as the period of time was due already but then has no real
right until the same has been delivered to him.

6.

a. it is entitled to damage because the fault or negligence of Judas whose failure to observe the required
diligence to the obligation causes delivered of low quality of wines.

b. It is entitled to damage because its fault or negligence result in the commission of crime.

c.it is entitled to damage because the fault or negligence of Jonas by virtue of which he is unable to
perform his obligation arising from a pre-existing contract.

d. it is entitled to damage because the fault or negligence of Juan whose failure to observe the required
diligence to the obligation causes damage to another.

7.

a. Mora Solvendi- delay on the part of the debtor by not performing his obligation after a demand or
specified time and may either be: Ex Re—obligations to give and Ex Persona—obligations to do.

b. Mora Accipiende- delay in the performances based on the omission b the creditor of the necessary
cooperation, especially acceptance on his part.

c. Compensation Morae- delay of the parties in a reciprocal obligation.

8. what is a fortuitous event?

A fortuitous event is an unforeseen event or, if foreseen, inevitable. It is also called an act of God (if due
to a natural occurrence, like an earthquake) and force majeure if caused by man, such as war.
a. Nope. Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person
shall be responsible for those events which could not be foreseen, or which, though
foreseen, were inevitable.

b. Since fortuitous event arisen during the event of doing the obligation, Jose is not liable, if no
demand was made by Pedro. His obligation was extinguished. If the motorcycle has damaged
after a demand was made by Pedro, Jose is liable for damages because he is guilty of (legal)
delay. In this case the obligation of Jose to deliver the motorcycle is also extinguished but it is
converted into monetary obligation to pay damages.