PRELIMS REVIEWER (OBLICON)
Civil Code of the Philippines
Under Article 1156, OBLIGATION
-is a juridical necessity to 1) give, 2) to do and
3) not to do.
- derived from Obligatio (Latin word) meaning
tying or binding
JURIDICAL NECESSITY – the court may be
asked to order the performance of an
obligation if the debtor refuses to perform it.
Essential Requisites of an Obligation:
1. Active Subject – the one who demands, he
who has the right.
– also called Creditor/OBLIGEE
2. Passive Subject – the one who is bounded,
he who has the duty.
– also called Debtor/OBLIGOR
3. Object/PRESTATION – subject matter of
the obligation.
-without prestation, there is nothing to
perform.
4. JURIDICAL TIE/Vinculum Juris/Efficient
Cause – reason why an obligation exists
Article 1157.
Obligations arise from: (1) Law; (2) Contracts;
(3) Quasi-contracts; (4) Acts or omissions
punished by law; and (5) Quasi-delicts.
Sources of Obligation:
1. LAW – Article 1158
2. CONTRACT – Article 1159 & 1305
Article 1159
a. Stipulations of the parties are the law
between them
b. Must be complied in good faith
Article 1305
CONTRACT – meeting of minds between two
persons, there is a consent.
Consent should have:
 Offer-certain/definite
 Acceptance-absolute/unconditional
Note: a contract must pertain to the same
object for both parties
Ex. X bought an air-conditioning unit. He
already paid for the item but when the item
was delivered and as soon as the box was
opened, he noticed that the item was
damaged. He told the delivery crew that he
wants his money back, but the crew said he
can’t because the item is already transferred.
Can X get his money back?
Answer: Yes. Because he didn’t accept the
item
3. QUASI-CONTRACT – Article 1160
- there was no actual contract but it’s as if
you entered into one (in a sense these
obligations maybe considered as arising from
law)
- no one shall be enriched / benefited at the
expense of another.
Quasi – “as if”
Kinds of Quasi-Contract
a. Negotiorum Gestio – without consent,
“unauthorized management”
Note: only expenses for preservations are
reimbursable, not the ornamental.
b. Solutio Indebiti – “payment by mistake”
Due – pertain to maturity
Demandable – whether it can still be
enforced or not
- beyond 10 years not demandable
Ex. - If the loan was on (2006), it is not
demandable now (2017)
- If the debtor pays the loan without knowing
that it shouldn’t be paid, the creditor must
return the money. There is solution indebiti.
- If the debtor pays the loan knowing that it
shouldn’t be paid, the creditor can keep the
money. There is no solution indebiti.
4. DELICTS (crimes/ acts/ omissions punished
by law) Article 1161
Omissions – negligence (culpa)
3 Kinds of Culpa
a. Contractual Negligence (Culpa Contractual)
-negligence in contracts resulting in their
breach
b. Civil Negligence (Culpa Aquiliana)
-negligence without pre-existing contract
c. Criminal Negligence (Culpa Criminal)
- negligence resulting in the commission of a
crime.
-punishable in the revised civil code.
Examples:
• A sales lady broke a vase while she was
wiping it- Culpa contractual
• A window shopper broke a vase in the
mall- Culpa aquiliana
• An angry person decided to vent his
frustrations on the vase- not culpa criminal
because it is his intention.
• A truck driver loses control of the
vehicle, killing another motorist- Culpa
criminal because it is not his intention.
5. QUASI- DELICTS/ Torts Article 1162
- As if there is a crime/acts/omissions
- no contractual relation between the parties
Three (3) kinds of Fruits under Civil Code
a. NATURAL FRUIT – spontaneous products of
the soil, young & other products of animals.
b. INDUSTRIAL FRUIT – produced by lands
through cultivation or labor.
- there is an intervention of man.
Ex. Poultry farm- chickens/hens lay eggs
because of the feeds they eat.
c. CIVIL FRUIT – product of corporeal
property
 REAL RIGHT – directed against the
WHOLE World
Ex. Marriage contract
 Personal RIGHT – binding or enforceable
ONLY against a SPECIFIC PERSON.
Ex. Your mother can’t be forced to pay the
liability under your name.
 Accessory Obligation (Obligation to give)
-even if not stated, it is already considered
part of the obligation.
1. To take care of the thing with proper
diligence of a good father of the family
(Article 1163)
 Proper Diligence – ordinary diligence
(considering the object of the obligation
as if they belong to you)
 Extraordinary diligence – opposite of
ordinary diligence. Must give greater
care (ex. Truck drivers, common cargo
carriers)
Note: if you ask for a fee, even if you’re not
customarily engaged in transporting goods
and passenger, you must exert
EXTRAORDINARY diligence.
 SPECIFIC or DETERMINATE THING -
physically segregated, particularly
designated (PSPD)
 GENERIC or INDERTERMINATE THING –
class or genus to which it pertains and
cannot be pointed out with particularity.
- genus never perish
Exceptions: (when not to exercise the proper
diligence of the good father of the family)
a. Law so provides
b. Stipulation of the parties
c. Object is a generic thing
2. To deliver the fruits (Article 1164)
Creditor/ Obligee has the right to the fruit
when the agreed date has come.
Delivered Fruit = Real right
Undelivered Fruit = Personal right
Note: it is not the payment that transfers
ownership, it is the delivery.The creditor is
entitled to the fruits of the thing when the
time the obligation to deliver arises.
3. To accession & accessory (Article 1166)
Accession – improvements/ additions
Accessory – better use, embellishment, &
completion
Ex. -Car as the principal item
 Seat cover, fog lights – accessions
 Car keys – accessory
-Diamond Ring
 Diamond – principal
 Ring – accessory
-Oyster ordered in a restaurant
 Oyster – principal 
 Pearl – accessory
ARTICLE 1167
An obligation to do, to perform an act or
render a service. It contemplates three (3)
situations:
1. The debtor fails to perform an obligation to
do
2. The debtor performs an obligation to do
but contrary to the terms
3. The debtor performs an obligation to do
but in a poor manner(“what has been poorly
done be considered as undone”)
Remedies of creditor in positive personal
obligation:
- get a third (3rd) person who will command
the debtor to do the job, and if there are
expenses incurred, it will be charged against
the original debtor.
-if the original debtor still refuse, this time the
remedy of the creditor is to go to court for
the collection of that amount.
 The court can only command:
a. The debtor to pay
b. To stop the debtor what he has been doing
Note: Do not force the debtor to do
something for you, if you force him it is
considered as harassment.
Article 1168
An obligation NOT to do, the debtor does
what was forbidden for him to do.
Remedies of creditor in negative personal
obligation:
- the creditor can go to court, and the court
will order the debtor to stop or refrain to
such act.
- if there are expenses incurred, it will be
charged against the original debtor.
Article 1169
Those obliged to deliver or to do something
incur in delay from the time the creditor
judicially or extra-judicially demands from the
debtor their fulfillment of their obligation.
However, the demand by the creditor shall
NOT be necessary in order that delay may
exist:
(pwedeng walang demand, pero delay and
debtor if eto ang reasons)
a. Law expressly so declares
b. Stipulation of the parties/obligation so
provides
c. When demand would be useless
d. Time is of the essence
e. Reciprocal obligations
 DELAY (delay or mora) – delay incurred
by debtor when the creditor demands. If
the debtor is delayed, creditor can ask
for damages.
1. Ordinary delay – failure to perform an
obligation on time (creditor did not demand)
2. Legal delay – failure to perform an
obligation on time which failure constitutes a
breach of the obligation. (creditor demanded)
Note: No demand, no delay, no damages.
(3Ds)
Kinds of delay:
1. Mora Solvendi – delay on the part of the
debtor to fulfil his obligation.
a. Mora Solvendi ex re - real obligations;
obligations to give
b. Mora Solvendi ex persona - personal
obligations; obligations to do
2. Mora Accipiendi – delay on the part of the
creditor to accept the performance of the
obligation.
3. Compensatio Morae – delay of the obligors
in reciprocal obligation, net result is that
there is NO actionable default on the part of
both parties.
Article 1170
Four (4) grounds for liability:
1. Fraud (deceit or dolo)
2. Negligence (fault or culpa)
3. Delay ( mora)
4. Contravention of the terms of the
obligation (contravention of tenor)
Two (2) kinds of Fraud (dolo):
a. Dolo Causante (causal fraud) – fraud
committed during the time of perfection (nag
ooffer and acceptance palang nanloloko na)
(Article 1330)
Note: Contract is Voidable, remedy:
annulment Annulment = contract is voidable
(valid until annulled)
Remedy of Void contract= declaration of
nullity of contract
b. Dolo Incidente (incidental fraud) – fraud
committed during the performance of an
obligation, contract already exists. (Article
1170)
Note: Contract is Valid, remedy: you can ask
for damages
Article 1171 – you are not liable for a future
fraud.
Article 1172 - the payment for damages may
be reduced if there is negligence because it
was unintentional- the payment for damages
may not be reduced if there is fraud because
it was intentional and it involved malice.
Article 1173
Exerting proper diligence of a good father of
the family depends on the:
1. Nature of object of the obligation (if the
nature of object does not require the proper
diligence of a good father of the family you
are not liable for damages)
 Ex. Sand – does not need the proper
diligence of a good father of the family
Fluorescent light – requires the proper
diligence of a good father of the family
2. Circumstances of persons
 Ex. Security guard sleeping on a night
duty – liable of damages
3. Circumstances of place
 Ex. CM recto before vs. CM Recto now
4. Circumstances of time
 Ex. Car without headlights at night –
liable for damages.
- Usury is now suspended or legally non-
existent. Parties are now free to stipulate any
amount of interest.
ARTICLE 1176
A. If there are back-rentals of arrearages,
when issuing receipts, indicate where the
received payment is applied. Otherwise, the
presumption is all debt is paid.
ARTICLE 1177
The creditor can go after the debtor of his
debtor after exhausting every other means of
collecting the amount.
Example: A owns the apartment in which B is
renting. B decides to lease it to bed spacers. If
B can’t pay rent, A can collect the amount
from B’s bed spacers.
ARTICLE 1178
All rights acquired in virtue of an obligation
are generally transmissible.
10 Special Kinds of Obligation (POCAF JS
DIO)

Article 1174 Pure Obligations

Fortuitous event – Force Majeure (act of man
Obligations with a period
or act of God)
 Ex. Eruption of Volcano Conditional Obligations
No one is to be held liable in the fortuitous
Alternative Obligations
event` Fortuitous event + Damages = Not
Liable Facultative Obligations
Not Fortuitous event + Damages = Liable
Joint Obligations
Requisites of a fortuitous event Solidary Obligations
1. The event must be independent of the
Divisible Obligations
debtor’s will.
2. The event could not be foreseen, or if Indivisible Obligations
foreseen, is inevitable.
Obligations with a penal clause
3. The event must be of such character as to
render it impossible for the debtor to comply
with his obligation in a natural manner.
I. PURE OBLIGATION
4. The debtor must be free from any
participation in, or aggravation of, the  No period 
creditor’s injury and that there is no
 No condition
concurrent negligence on his part.
 Immediately demandable
ARTICLE 1175- Usurious transactions s
II. OBLIGATION W/ A PERIOD – Future &
governed by special laws.
Usury Law – law that regulates the amount of CERTAIN event Examples :
interest the creditor should ask from the
•Everybody will die
debtor.
•I’ll give you P10k if Mr. X will die
•I’ll give you P10k if the sun shines tomorrow
•I’ll give you P10k if Mr. X’s 60 year old father
dies.
•“on Christmas Day” “This Year”
•“little by little” “as soon as possible” “from
time to time” “at any time I have the money”
“In partial payments” “when I am in a
position to pay”
III. CONDITIONAL OBLIGATION – Future &
UNCERTAIN event; Past & Unknown to the
parties.
Two Principal Kinds of Condition (as to
EFFECTS):
1. Suspensive Condition (Condition
Precedent/ Condition Antecedent) – the
fulfilment of the condition will give rise to the
obligation.
 Example: I’ll give you P10k if you pass
this subject this semester.
2. Resolutory Condition (Condition
Subsequent) – the fulfilment of the condition
will extinguish an obligation.
 Example: You can use my car until you
pass this subject
As to FORM:
1. Express – condition is clearly stated.
2. Implied – condition is merely inferred.
As to POSSIBILITY:
1. Possible – the condition is capable of
fulfilment, legally and physically.
2. Impossible – it shall ANNUL the
OBLIGATION.
a. Legally – susceptible of happening but
contrary to law, morals, good customs, public
order,/public policy.
 Example: I will give you P20k if you kill
your seatmate.
NOTE: It is as if we did not have any
agreement, because the condition is illegal
therefore there will be no obligation to be
made.
b. Physically – in nature of things, cannot
exist or cannot be undone.
 Example: Punta ka nga sa 5th floor, talon
ka sandal, dapat una paa pagbagsak mo.
As to ORIGIN:
1. Potestative – depends upon the will of the
creditor/ debtor.
 Examples:
a. I will give you this watch if I step out of this
room right now.
NOTE: if the fulfilment of the condition is
based solely upon the will of the debtor, the
CONDITIONAL OBLIGATION shall be VOID.
b.I will give you this watch if you step out of
this room right now.
NOTE: if the fulfilment of the condition is
based upon the will of the creditor, then the
CONDITIONAL OBLIGATION is VALID.
2. Casual – depends upon the 3rd person/
chance.
 Examples:
a. I will give you this watch if the couple
outside went kissing.
NOTE: the fulfilment of the condition is based
upon the will of the 3rd person, therefore the
CONDITIONAL OBLIGATION is VALID.
b.I will give you P10k if I will win the lottery
tomorrow.
NOTE: the fulfilment of the condition if based
upon the chance, therefore the CONDITIONAL
OBLIGATION is VALID
3. Mixed – partly potestative & partly casual.
 Example: I will buy that car if I will be
hired at San Miguel Corporation.
NOTE: the fulfilment of the condition depends
upon the debtor whether he will buy the car
or not, and it also depends upon the will of
the 3rd person (San Miguel whether they will
accept the debtor or not)
As to MODE:
1. Positive – the condition consists in the
performance of an act.
2. Negative - the condition consists in the
omission of an act.
2. Indivisible - the condition is NOT
susceptible of partial performance.
KINDS of PERIOD
1. Suspensive Period (ex die) – the obligation
BEGINS only upon the arrival of the period.
Example: I promise to give you P10k if Mr. X
dies.
2. Resolutory Period (in diem) – the
obligation is valid upto a day certain and
TERMINATES upon the arrival of the period.
 Example: You can use my car until the
end of this year.
Three (3) Kinds of Obligation that are
IMMEDIATELY DEMANDABLE
•PURE OBLIGATION
•RESOLUTORY CONDITION
•RESOLUTORY PERIOD (In Diem)

As to NUMBERS: (further discussion in the

next pages)
1. Conjunctive – there are several conditions
& ALL must be fulfilled
2. Disjunctive – there are several conditions
& ONLY ONE or SOME of them must be
fulfilled

As to DIVISILBILITY: (further discussion in the

next pages)
1. Divisible – the condition is susceptible of
partial performance.