ASSIGNMENT 1  The sanctions or techniques of control

through law are more varied and complex

INTRODUCTION TO LAW than the techniques available to
organizations such as churches, labor, and
political parties.
LAW
STATE LAW
 What is the general meaning of law?
It means any rule of action or any system of  What is state law?
uniformity. Thus, in general determines not only the It is promulgated and enforced by the state it is also
activities of men as rational beings but also a law in connection with obligations and contracts.
movement or motion of object of creation, whether Marriage, administration of justice, the conduct of
animate or inanimate. election, and the entire governmental process itself.
 What are the general divisions of law?  What makes a state law different for other
 Law (in the strict legal sense) which is subjects of law?
promulgated and enforced by the state. The fields of state law are different from those of
 Law (in the non-legal sense) which is not divine law, natural law, moral law, and physical law
promulgated and enforced by the state. because state law does not concern itself with
 What are the subjects of law? violations of the latter rules of action unless they
Divine law- law of religion and faith which also constitute violations of its commands.
concerns itself to the concept of sin and  What are the general characteristics of state
salvation. law?
Natural Law- divine inspiration in man of The general characteristics of law ( in its specific
the sense of justice, fairness, and sense) are:
righteousness, not by divine revelation or It is a rules of conduct – law that tells us
formal promulgation, but by internal dictates what shall be done and what shall not be
of reason alone. done.
Moral Law – totality of norms of good and It is obligatory – law considered a positive
right conduct growing out of collective command imposing a duty to obey and
sense of right and wrong of every involving a sanction which forces
community. obedience.
Physical Law- physical phenomena that we It is promulgated by legitimate authority –
sense and feel. It is common observance and benefit – law
State Law – law that is promulgated and is intended by men to serve men.
enforced by the state.
 How does law differ for other means of NECESSITY OF (STATE) LAW
social control?
 Laws are made and administered by the only
institution in society authorized to act in  What would life be without law?
behalf of the entire citizenry. Life without law would be chaotic and lack of
 Only the legal institution within the society social order because people could do whatever they
can make rules, regulations and orders with wanted without worrying the consequences of their
which the entire citizenry must comply. action which leads to a lot of crime and violence.
 People associated with an organization can  What does law do?
ordinarily terminate their relationship and Law secures justice
thereby free themselves from the impact of Resolves social conflict
its rules and regulations. Orders society
Protects interest
 Control social relation 4. Judicial decisions or Jurisprudence
 What is our duty as a member of the 5. Customs
society? 6. Other sources
No society could last and continue without the
means of social order that is why as a member of CLASSIFICATIONS OF LAW
the society we should know and understand law,
and observe it for the common good.
 How are laws classified?
 As to its purpose
SOURCES OF LAW  As to its subject matter
 What are the sources of law and how do
they differ?  What are the subclassifications of said laws?
Constitution – the written instrument by A. As to its purpose:
which the fundamental powers of 1. Substantive Law – body of law that
government are established, limited and creates, define and regulates the rights
defined and by which these powers are and duties which may be either public or
distributed among the several departments private
for their safe and useful exercise for the 2. Adjective Law – body of law that
benefit of the people. prescribes the manner or procedure by
Legislation – it is the creator of law. Consist which rights maybe enforced or their
of legal rules by a competent authority. violations be redressed.
Administrative or executive order, B. As to its subject matter:
regulations and rulings – clarify and 1. Public Law – body of law that deals with
explain law. Intended to clarify or explain the relationship of public to the
the law and carry into effect its general government or the organizations.
provisions 2. Private Law – body of law that delas
Judicial Decision or Jurisprudence – with the relationship of people to other
interpretation of law by the supreme court. people in a private manner.
Decisions of the court particularly the
supreme court, applying or interpreting the
laws or the constitution form part of the CIVIL LAW
legal system of the Philippines.  What is the civil law?
Customs – collective tradition. Consists of Civil law is part of the legal system that deals with
those habits and practices which through people relationships, property and business
long and uninterrupted usage have become agreements.
acknowledge and approved by society as
binding rules of conduct.  What is the civil code of the Philippines ?
Other sources – if those sources are not Republic Act 386, the law on obligations and
available we may added contract. Civil law refers to the law found primarily
 Principles of justice and equity on the civil code. Many based on the civil code of
 Decision of foreign tribunals spain.
 Opinion of text writers
 Religion  What are the parts of civil code?
 what is the hierarchy of these sources of Person and family relationship
law? Property
1. Constitution Succession
2. Legislation Obligation and contracts
3. Administrative or executive orders, Special contracts
regulations and rulings
  What does the law on obligations and obliges himself not to build a fence on a certain
contracts cover? portion of his lot in favor of Y who is entitled to a
Law right of way over said lot.
Contracts
Quasi -contract ART 1156, APPLICATION
Acts or omission punished by law
Quasi -delict  What are the essential elements of an
obligation? Differentiate
 Active Subject – the person who has the
right or power to demand the performance
ASSIGNMENT 2 or payment of the obligation. He is also
GENERAL PROVISION called the obligee or the creditor.
 Passive Subject – is the person bound to
perform or to pay. He is the one against
ART 1156
whom the obligation can be demanded. He
 How does law define a civil obligation?
is also called the obligor or the debtor.
According to article 1156, obligation is a duty to do  Prestation – the object of the contract. It is
or not to do something. It is a civil law concept and the conduct required to observe by the
can be created voluntarily. debtor or the obligor. It maybe an obligation
 Why is it characterized as a juridical to give, to do or not to do.
necessity?  Vinculum Juris also known as Juridical or
It is because in case of noncompliance, the courts of legal tie -it binds or connects the parties to
justice may be called upon by the aggrieved party to the obligation.
enforce its fulfillment or, in default thereof, the  PROBLEM: ABC company is required to
economic value that it represents. pay taxes to the national government.
 Distinguish an obligation from a right or a  QUESTION: Identify the essential elements
wrong of obligation in the problem.
An obligation is the act or performance which the Passive subject – ABC Company
law will enforce. Active Subject – National Government
Right on the other hand, is the power which a Object or prestation – to give money which is to pay
person has under a law, to demand from another any taxes
prestation. Legal tie – Law because the source of obligation is
While a wrong is an act or omission of one party in our taxed code.
violation of the legal right or rights of another.
 What is a real obligation? Give an example
ART 1157
Real obligation is that in which the subject matter is
a thing which the obligor must deliver to the
obligee. for example, the seller binds himself to  What are the sources of obligation? How do
deliver a piano to the buyer. they differ?
 What is a positive personal obligation? Give  Law – it is when they are imposed by
an example. law itself (ex. obligation to pay
It is an obligation to do or to render service for taxes, obligation to support one’s
example person X binds himself to repair the piano family).
of Y.  Contracts – when they arise from the
stipulation of the parties. (ex. the
 What is a negative personal obligation? Give
obligation to repay a loan or
an example
indebtedness by virtue of an
It is an obligation not to do or which naturally
agreement.)
includes obligations “not to give”. For example X
  Quasi-contracts - when they arise rank-and-file employees a thirteenth 13th
from lawful voluntary and unilateral month pay not later than December 24 every
acts which are enforceable to the end year.
that no one shall be unjustly enriched  QUESTION: Supposing A is an employee
or benefited at the expense of of company XYZ may he demand that he
another. (ex. the obligation to return receive a Christmas bonus as a rank-and-file
money paid by mistake or which is employee?
not due) No, he may not demand that he receive a Christmas
 Crimes or acts or omission punished bonus, according to article 1158 obligations derived
by law – when they arise from civil from law are not presumed, the presidential decree
liability which is the consequences No. 851 is an obligation that is provided by the law
of a criminal offense. (ex. the making the obligor subjected to follow. And to be
obligation of a thief to return the car demandable, they must be clearly set forth in the
stolen by him; the duty of a killer to law. Therefore A may not demand to receive
indemnify the heirs his victim) Christmas bonus.
 Quasi-delicts or torts – when they
arise from damage caused to another ART 1157 in relation to ART 1159
through an act or omission, thereby
being fault or negligence, but no
contractual relation exist between the
 Obligations arising from contracts have
parties. (ex. the obligation of the the force of law between the contracting
head of the family that lives in a parties. What does that mean?
building or a part thereof to answer it means that the contract entered into are valid and
for damages caused by things thrown enforceable.
or falling from the same; the It will only be valid if its not contrary to law or
obligation of the possessor of an against the law.
animal to pay for the damage which  Give an example of obligation arising
it may have caused. from contract?
 In essence, how many sources of obligations obligations arising from contracts have the force of
are there? Why? law between the contracting parties. (ex. with the
In essence there are two sources of obligation which sale of a product such as an automobile. One party
is the Law and Contracts. It is because basically has the obligation to transfer ownership of the car,
obligations arising from Quasi-contracts, crimes or while the other has the obligation to pay for it. The
Quasi-delicts are also founded on the law. contract will specify the terms that regulate the
obligations, such as the method and amount of
ART 1157 in relation to ART 1158 payment, and the time/place of delivery.)
 What would be the consequence of not
 Obligations derived from law cannot be fulfillment of stipulations of a contract
presumed. What does this mean? by one party?
It is because only those expressly determined in this It will result to breach of contract
code or in special laws are demandable and shall be This takes place when there is a failure of obligation
regulated by the precepts of the law which or when a party refuses to comply without any legal
establishes them; and as to what has not been reason or justification.
foreseen, by the provision of books.
 PROBLEM: Under Presidential Decree No. ART 1157 in relation to ART 1160
851, employees from the private sector in
the Philippines are required to pay their
  What is a Quasi-contract as defined to a restaurant to each for which
in article 2142? What are its he spent P150. Y did not consent
elements? to the good deed of X. If X
According to article 2142 it is a juridical relation demands reimbursement from Y,
resulting from lawful, voluntary and unilateral acts can Y refuse?
by virtue of which the parties become bound to each Y cannot refuse if X demands for reimbursement
other to the end that no one will be unjustly because it is the obligation of Y to pay the
enriched or benefited at the expense of another. expenses of X, it Is according to article 2144 the
lawful, voluntary, and unilateral acts by virtue of negotiorum gestio voluntarily management of
which the parties become bound to each other to the property or affairs of the other without the
the end that no one will be unjustly enriched or knowledge or consent, although Y did not
benefited at the expense of another. actually give her consent to the act of X for
feeding her child Y has an obligation to
Elements of Quasi- contract compensate the expenses of X and it is in the
principle of quasi-contract.
1. The plaintiff must show evidence of the
goods or services they should have been  PROBLEM: On January 1, 2021,
compensated for. A extended a loan to B due on
2. The defendant must have accepted those January 26, 2022 in the amount
goods or services and receive some type of of P100,000 evidenced in
benefit from them.  writing. Thinking that the loan is
3. Finally, the defendant must have accepted already due on January 26, 2021,
said goods or services under unfair B paid A the said amount.
circumstances where the plaintiff didn't
 QUESTION: Upon learning that
receive any compensation.
the loan is not yet due. B ask for
the return of the payment. May
he be legally allowed to do so?
Yes, he will be allowed to ask for return of
 What is the underlying principle why
payment, according to article 2154 solutio
quasi-contract is a source of
indebiti when something is received when there
obligation?
is no right to demand it and it was unduly
Quasi contracts are based on the principle of Nemo
delivered through mistake, supposedly the due is
debet locupetari ex aliena factura which in
jan 2022 but by mistake A paid it on jan 2021
layman language mean that: No man should grow
which is not yet the due, therefore A has the
rich out of other person’s loss. Quasi contracts
right to ask for return of the payment and B has
come into function when there is no actual contract
an obligation to return it because B still don’t
but social relationships which create obligations for
have right to demand it.
those people.
 What are the kinds of quasi-contract?
Give an example of each. ART 1160, elevated
application
ART 1160 Application  On January 1, 2021, A extended a loan to B
 PROBLEM: X saw at about 1pm due on January 26, 2022 in the amount of
in the afternoon a child alone in P100,000 evidenced in writing. B was not
the shopping mall. The child who able to pay the amount due on Jan 26, 2022
had strayed from Y, his mother and A never demanded for said amount. One
was in tears and appeared very night on January 29, 2035 B saw A at a high
hungry. Out of pity, X took him school reunion and remembered that he has
 a loan long overdue and issued a check for 3. Indemnification for consequential damages
the said amount.  What is the difference between damage and
 QUESTION: Later, B found out that the damages?
collection for said amount has already Damages are not the plural form of damage,. The
prescribed. May he allowed to recover a damage means legal loss or violation of legal right,
payment? i.e. infringement of legal right. And on the other
No, B may not recover his payment. According to hand damages means it is a pecuniary, or monetary
Art 1155 of civil code, there is a prescription of an compensation in terms of money.
act 4 to 10 year prescriptive period for fulfilling an
action on a written contract if not given right action Damage - legal loss or violation of legal right.
it falls under natural obligation. In this case it was Damages - compensation, compensation in terms of
more than 10 years already and A had never done money.
any actions or demand. On the other hand B  What are the kinds of damages?
voluntarily pay the said loan it cannot be recovered Differentiate.
as it is converted as a natural obligation. 1. Contemptuous Damages - are awarded
when it is considered that an action should
ART 1157, in relation to ART 1161 never have been brought.
 What is the difference between criminal 2. Nominal Damages - a sum of money that
liability and civil liability? What set of laws may be spoken of, but that has no existence
cover criminal offenses? in point of quantity.
Civil Liability - is a liability arising due to the civil 3. Substantial or Ordinary damages - are
wrong committed by an individual. It is the right to awarded where it is necessary to compensate
demand compensation or damages from the the plaintiff fairly for the injury he has in
defendant. ( ex. when you accidentally broke or fact sustained.
crashes your bicycle into a park car in this case you 4. Exemplary Damages - re awarded
have to pay the damages to the car owner due to wherever the wrong or injury is of a
your civil liability) grievous nature, done with a high hand, or is
Criminal Liability -  is a liability arising due to a accompanied with a deliberate intention
criminal act committed. (ex. murder, theft, rape, to injure, or with words of contumely, and
etc.) abuse, 
The set of laws that cover criminal offences is the
criminal law which is concerned with the ART 1157, in relation to ART 1162
punishment of those who commit crimes.  What is a Quasi-delict? What are its
essential requisites?
 Does having criminal liability tantamount to It is an act or omission by a person(tortfeasor)
also having civil liability? How about the which causes damage to another in his person,
other way around? property, or rights.
Every person criminally liable for a felony Requisites of quasi delict
is also civilly liable. As a general rule, a person 1. There must be an act or omission
committed an offense who 2. There must be fault or negligence
is criminally liable is also civilly liable. If a person 3. There must be damage or caused
who committed an offense is an imbecile, he is 4. There must be a direct relation or connection
exempt in criminal liability. of cause and effect between the act or
 What are the scope of civil liability? omission and the damage
The civil liability includes: 5. There is no pre-existing contractual relation
1. Restitution between the parties.
2. Reparation for the damage caused; and
  How does quasi-delicts differ from NATURE AND EFFECTS OF
delict/crime? OBLIGATION
1. In crime, there is criminal or malicious
intent or criminal negligence, while in quasi- ART 1163
delict, there is only negligence
2. In crime, the purpose is punishment, while
in quasi-delict, indemnification of the  When does ART 1163 apply?
offended party Every person obliged to give something is also
3. Crime affects public interest, while quasi- obliged to take care of it with the proper diligence
delict concerns private interest. of a good father of a family, unless the law or the
4. In crime, there are generally two liabilities: stipulation of the parties requires another standard
criminal and civil, while in quasi-delict there of care.
is only civil liability.
5. Criminal liability cannot be compromised or  What is the difference between a specific
settled by parties themselves, while the and generic thing? Why does it matter to
liability for quasi-delict can be compromised know the difference between two?
as any other civil liability Specific or determinate thing – is identified by its
6. In crime, the guilt of the accused must be individuality or it is a thing that is segregated from
proved beyond reasonable doubt, while in
a class.
quasi-delict, the fault or negligence of the
The debtor cannot substitute it with another
defendant need only be proved by
although the latter is of the same kind and quality
preponderance.
without the consent of the creditor.
 PROBLEM: A and B are classmates and to
pass time, they organized an activity (game
of tag) and invited their other classmates to Generic or Intermediate thing - is identified only
join. The venue they chose was a muddy by its specie or it is a class or genus to which it
playground in a rocky vacant lot. When C, a pertains and cannot be pointed out with
participant in the game. Rushed to tag A, he particularity. The debtor can give anything of the
accidentally slipped and broke his arms same class as long a it is of the same kind.
 QUESTION: is A and B liable for C’s
injury? it is important to know the difference between
Yes, A and B are liable for C’s injury, according the two because ART 1163 among other, 1163
to article 2176 Whoever by act or omission applies only to the giving of something and it
causes damages to another, there being fault or applies only to specific or determinate things that
negligence, is obliged to pay for the damage you have to take care of it with the proper
done. A and B are the one who organized the diligence of a good father of a family
activity which is the game of tag and the game Is
the reason of C’s injury. In this case, A and B is  Identify whether the following is a generic
under obligation to pay the damage or to pay for
or specific thing:
the treatment of C because they are guilty of
 A 1995 Black Rolls Royce Car – Generic
mere fault or negligence without any criminal
thing
intent.
 TV with serial number 12312414 – Specific
 Identify the elements of quasi[delict in the
problem. thing
 The puppy my only dog gave birth to –
specific thing
ASSIGNMENT 3
 ART 1163 in relation to ART 1173, Ex. Grass, all tress and plants on lands produced
par 2 without the intervention of human labor.

 What is the standard of care required by Industrial Fruits – are those produced by
law on specific real things? What does it lands of any kind through cultivation or
entail? labor
 Are there any standard of care? When does Ex. Sugar cane; vegetables, rice; and all products of
it apply? land about by reason of human labor.
 If an obligation does not state a standard of
care required, what shall be presumed? Civil Fruits – are those derived by virtue of a
juridical relation.
 What are other obligations on the part of
Ex. rents of buildings, price of leases of lands and
the obligor in fulfilling specific real
other property and the amount of perpetual or life
obligations?
annuities or other similar income.
 When does the right to a thing arise?
ART 1163 Application
The general rule is that the creditor has the right to
the fruits of the thing from the time the obligation
 PROBLEM: A promised to give B an Iphone
to deliver it arises. Ownership over the thing
12 ProMax on December 30, 2021
though, is only required when such an object is
 QUESTION: What is the standard of care
delivered to him.
required?
- When is a contract perfected?
 Supposing what is required was to give B when a consent is given, the contract is considered
her only old Iphone 8 plus, would your perfected. It can be deemed an oral contract that
answer be different? binds both contracting parties. One person must
 Using the same premise as the previous have a definite offer and the other must have an
question, what if A agreed to take care of absolute acceptance of the offer.
the phone extraordinarily because it has
sentimental value of it to B, what is the - What is a suspensive condition? A period?
standard of care required?  suspends the operation of a contract for a period
ART 1164 of time until a certain specified condition is
fulfilled. However pending the fulfilment of any
 In legal parlance, what is fruit? suspensive condition, neither party can withdraw
it refers to the income or goods derived or from the contract nor may the seller sell the
produced from property without a diminution of property to a third party.
the property's inherent value. It can also refer to
evidence obtained during an activity or operation. - Is the rule any different in contract of sales?
For example, fruits of crime mean the results of a How so? What if the contracts of sales is
criminal act. subject to a suspensive condition? Will the
rule be the same?
 What are the different kinds of fruit? Give In a contract of sale, the obligation arises from the
example perfection of the contract even if the obligation is
Natural Fruits – are the spontaneous subject to a suspensive condition or a suspensive
products of the soil, and the young and period where the price has been paid.
other products of animal.
 - Give example of a The obligation to deliver the dog will arise on the
quasi-delict/law/delict/quasi-contract that said date which is on Dec. 20, 2021. According to
prescribes a specific period for necessary Art 1164 the creditor has the right to the fruits of
fulfillment of condition the thing from the time the obligation to deliver it
arises. Therefore, the obligation will arise only in
 What is real right? Differentiate it from the arrival of the period that they agreed upon
personal right. When is it acquired? that is Dec. 20, 2021. So from the time of the
Personal Right – is the right or power of a promise up to the arrival of the period as agreed
person (creditor) to demand from another there is no right yet by B against A
(debtor), as a definite passive subject, the
fulfillment of the latter’s obligation to give, • Problem: On January 25, 2021, A sold to B a
to do or not to do. specific dog to be delivered on December 20,
Real Right – is the right or interest of a 2021?
person over a specific thing (like ownership, – Question: When will the obligation to deliver the
possession, mortgage) without a definite dog arise?
passive subject against whom the right may In the contract of sale, the obligation arises from
be personally enforced. the perfection of the contract even if the
obligation is subject to a suspensive condition or a
In personal right there is a definite active subject suspensive period where the price has been paid.
and a definite passive subject, while in real right,
there is only a definite active subject without any • Problem: When is the obligation to pay annual
definite passive subject. income tax due?
In obligations to give arising from law, quasi-
Art 1164, application contracts, delicts, and quasi delicts, the time of
performance is determined by the specific
• Problem: On January 25, 2021, A promised to provisions of the law applicable.
give B a specific dog.
– Question: When will the obligation to deliver the Art 1164
dog arise?
The obligation to deliver the dog will arise right • Problem: On January 25, 2021, A promised to
away. According to Art 1179 Pure obligation, give B a specific dog on January 30, 2021.
when the obligation contains no term or condition • Question: Supposing, the dog gave birth to a
whatever upon which depends the fulfillment of the puppy on January 29, 2021. On January 30, 2021,
obligation contracted by the debtor. Since on Jan. who is entitled to the dog? To the puppy?
25, 2021 it is just a promise and there no time
period agreed upon, the obligation becomes A is still entitled to both the dog and puppy.
demandable at once. From the time the promise Because the obligation to deliver the dog will
has made there is already a personal right of B arise on the date agreed which is on jan. 30,2021
against A. and B has not yet paid the purchased price which
means A has a right to the puppy because it was
• Problem: On January 25, 2021, A promised to born before the obligation to deliver the dog has
give B a specific dog on December 20, 2021? arisen.
– Question: When will the obligation to deliver the
dog arise?
• Question: Supposing, the dog gave birth to a In fraud, there is deliberate intention to cause
puppy on January 30, 2021. On January 30, 2021, damage or injury, while in negligence, there is no
who is entitled to the dog? To the puppy? such intention.

B is entitled to both the dog and puppy. B has now  What are the two kinds of fraud? Give
personal right because the period that they examples.
agreed upon has arrived and the puppy gave birth
upon the date they agreed therefore B now has  What is the kind of fraud mentioned in Art
the right to the puppy. 1170? What is the proper remedy in case of
causal fraud?
• Question: Supposing the puppy is already
delivered to X, who has a better right to the puppy?
What will be the recourse of the losing  Can liability from future fraud be waived?
party and against whom? How about past fraud?

Art 1166 A waiver for an action for future fraud is void (no
effect, as if there is no waiver) as being against
• What is an accessory? Accession? Differentiate the law and public policy.
and give example. A past fraud can be the subject of a valid waiver
Accessories are things joined to or included with because the waiver can be considered as an act of
the principal thing for the latter’s embellishment, generosity and magnanimity on the part of the
better use, or completion. party who is the victim of the fraud.
Accession is the fruits of a thing or addition to or
improvements upon a thing (the principal). Art 1171, application

• Question: A sold his car to B for the amount of • Problem: A induced B to buy a house and
P300,000. There are 2 spare tires, is B required to lot without disclosing that said house is
deliver those? haunted. B later found out of the fact.
• Question: What would be the remedy/ies
Art 1165, first paragraph in relation to available to B?
Art 1170
Art 1170 in relation to Art 1172, 1173
• In what kind of obligations does first paragraph
apply? • What is negligence and why is it a source of
• What are the rights accorded to the obligee in damages?
first paragraph of Art 1165? • What are the kinds of negligence according
• What are instances when debtor will also be to source of
liable for damages? • obligation
• Can liability from future negligence be
ART 1170, in relation to ART 1171 waived? How about
• past negligence?
 What is fraud and how does it differ from • How is liability arising from negligence
negligence? determined? What
• are the factors considered?
 Art 1170 in relation to Art 1172, 1173
application • What does doing something in
contravention to the tenor of agreement
• Problem: A is driving at 100 km per hr on a means and why is it a source of liability for
school zone damages?
• one afternoon when he accidentally hit B,
an 18 year old Art 1165, par 2
• man who ran out of nowhere in an attempt
to cross the • In what kind of obligations does second
• street. paragraph apply?
• Question: Is A liable for damages due to • What are the rights accorded to the obligor
negligence? in second paragraph of Art 1165?
• What are the factors that may weigh in the
determination Art 1165 par 3 in relation to Art 1174
• of A’s liability to B?
• In what kind of obligations does third
Art 1170 in relation to Art 1169 paragraph apply?
• What is a fortuitous event? What are its
• What is delay and why is it a source of kinds? Give examples
damages? • What is the difference between fortuitous
• What is the concept of legal delay? events and force majeure?
• What does “No demand, no delay” mean? • What are the requisites for an event to be a
• What are the kinds of delay and what are fortuitous event that would tantamount to
the release of liability of the contracting
• consequences or effects of each? parties?
• What are the instances when the “no
demand, no delay”
• rule does not apply. Give examples of each Art 1165 par 3 in relation to Art 1174
• Explain the concept of delay in reciprocal
obligations • What is the general rule as to the liability in
case of fortuitous events?
Art 1170 in relation to Art 1169 application • What are the 3 major exceptions?
• What are the exceptions laid out in the law?
• Problem: A promised to deliver B her only Give examples
wedding dress
• on January 31, 2021. Art 1174 application
• Question: January 31, 2021 came and A
failed to deliver. • Problem: A promised to give B his only car
• Is A liable for damages due to delay? on January 31, 2021. The garage where A’s
• Question: Supposing that January 31, 2021 car was found was razed in fire on January
is B’s 29, 2021.
• wedding day, is A liable for damages due to • Question: What is the status of the
delay? obligation of A to give B a car?
• Problem: A promised to give B a car on
Art 1170 January 31, 2021. The garage where A’s car
 was found was razed in fire on January 29,
2021. • In what kind of obligations does Art 1168
• Question: What is the status of the apply?
obligation of A to give B a car? • What is the remedy available in case an
obligor does something forbidden of him?

Art 1174 application Art 1175

• Problem: A promised to give B his only car • What does usury mean?
on January 31, 2021. The garage where A’s • Are there any laws effective at the moment
car was found was razed in fire on January regulating it?
29, 2021. • What is the rate of legal interest in the
• Question: Can Insurance Company XYZ Philippines?
refuse reimbursement from A on grounds
that “No one shall be liable for fortuitous Art 1176
events”?
• What are the two kinds of presumption
Art 1165 in relation to Art 1174 application under the law? Differentiate
• What are the rebuttable presumptions
• Problem: A promised to give B his only car enumerated in Art 1176
on January 31, 2021. January 31, 2021 came • What are the instances when the
but B never demanded. The garage where presumptions under Art 1176 does not
A’s car was found was razed in fire on apply?
February 1, 2021.
• Question: What is the status of the Art 1177 in relation to Art 1178
obligation of A to give B a car?
• What are the remedies available to
Art 1165 in relation to Art 1174 application creditors in satisfaction of their claim?
• What does exact fulfillment mean?
• Problem: A promised to give both B and C • What does pursuing leviable property
his only car on January 31, 2021. The garage mean? What are properties not leviable?
where A’s car was found was razed in fire • What is accion subrogatoria?
on January 29, 2021. • What is accion pauliana and how does it
• Question: What is the status of the happen? What is its limitation?
obligation of A to give B a car? • What rights can be the subject of
attachment? What rights are deemed
Art 1167 transmissible? Cite exceptions

• In what kind of obligations does Art 1167 https://quizlet.com/541860350/chapter-2-nature-

apply? and-effects-of-obligations-flash-cards/
• What are the remedies available in case of https://quizlet.com/527523683/nature-and-effect-
nonfulfillment of a personal obligation? of-obligations-flash-cards/
• Why is specific performance not a remedy?

Art 1168