OBLICON QUESTIONNAIRE Mora Accipiende – Cr delay
No. 3. Civil Obligation – within prescriptive period (statute of Compensation Morae – Both delay – Reciprocal Obligation
limitation) – if they failed to exercise their rights within the period it will
be converted to natural obligation – positive law – enforceable in court. No. 20. Prescriptive period if writing – 10 years if lumagpas statute of
Moral law (equity) – extinguishment of civil obligation (legally free from limitations
obligation) but natural obligation remains. If payment was made
voluntarily by debtor, then the creditor has the right to retain. If No. 21. Pure obligation – no condition and no period
payment was made in mistake then solution indebiti – return the
money. No. 27. Accessory follows the principal
No. 4. Criminal liability – Jonel (Reckless Imprudence) – Tintin No. 28. If means permits him to do so – the court will determine the
Civil Liability – Art 100 RPC – Every person criminally liable is also period – obligation with a period
civilly liable Willing to fulfill – potestative
Jonel – delict (if tintin and joju will file a criminal case)
Jonel – Delict tintin; Quasi delict for Joju (NICE-No) No. 36. Extinguishment of Obligation:
Joju as the passenger – entered into a contract of carriage with Justine Payment – DCAT
(Owner) breach of contract (culpa contractual) Dacion en pago – governed by law on sales; property binayad mo.
Justine – subsidiarily liable >< value of thing = sold Dr-Seller Cr-Buyer. As if on equal value yung
binigay. Solvent siya pero wala lang siyang pera pangbayad
No. 7. Joint Obligation – KKBS (kanya kanyang bayad at singil) Cession – Dr insolvent – manage creditor property – excess – going to
A B C D are jointly liable to E and F amounting to 100,000. Dr
100,000 / # of debtors (4) = 25,000 / # of creditors (2) = 12,500 application of payment - several debt payment is insufficient, iapply
sa due and demandable or most onerous (if may interest isa yun
Solidarily (Joint and severally) – one for all, all for one unahin mo)
A B C D are solidarily liable to E and F amounting to 100,000. (assumed tender of payment and consignation (nag offer ka magbayad pero
joint creditors) ayaw tanggapin – deposit mo in court para tanggapin) (AIRTITWO
100,000 / # of debtors (1) = 100,000 / # of creditors (2) = 50,000 dedeposit mo na sa court – when the creditor is absent, incapacitated,
If si A lang nagbayad ng whole 50k B C D reimburse the money to A refuse to give a receipt without just cause, title of the obligation has
been lost, two or more persons are claiming)
A B C D are solidarily liable to E and F Solidary Creditors amounting to Remission/Condonation – Donation – Real Property – public
100,000. instrument notarized
100,000 / # of debtors (1) = 100,000 / # of creditors (1) = 100,000 Donation – movable property – value is more than 5k – writing; 5k or
Reimburse E to F if 100k given to him. If sinabi ni E wag na magbayad less – verbal or oral
si A then condonation of 1 is condonation of all no need na rin Compensation – quits na kayo legal compensation – dapat due and
magbayad yung iba as well as di rin pwede manghingi si F. demandable pag conventional hindi pa due and demandable
Rescission – rescissible GALFO – guardian - ward (lesion >1/4),
No. 8. 1174 FE – is an event that is unforeseen inevitable. absentee (lesion ¼), Litigation without knowledge, Fraud the creditor
GR: no person shall be held liable in case of fortuitous event (Accion Pauliana), other rescissible contracts
Exception: Annulment – voidable – VITIATION – VIDEU (violence, intimidation,
1. Law provides deceit, error, undue influence) or one of the parties – IDIUmTci (insane,
Generic object deaf mute who do not know how to read or write, incapacitated,
(FNDC) intoxicated, emancipated minor, civil interdiction)
Promise to deliver the same thing to 2 or more persons who do not Prescription – statute of limitations – laches (di na matutulungan ng
have the same interest court)
Delict/Quasi Delict Merger or Confusion – debtor and creditor is merged or their
2. Stipulation so provides (Agreement) personality is merged into one person
Res perit domino Novation – Subjective: Cr – substituted or will be changed
3. NOORAR (Nature of the Obligation Requires Assumption of (subrogation) Dr – substituted (substitution) – expromission (wala
Risk) – Insurance kinalaman unang debtor, held liable to what is beneficial to him) or
delegacion (may kinalaman or alam yung unang debtor and new
No. 10. Alternative obligation whereby there are two or more debtor, incase of insolvency of the new the liab of debtor will be
prestations due but the delivery of one will extinguish the obligation. revived)
For facultative obligation one is due but there can be a substitute. Loss of the thing due (determinate)
Alternative – several prestations (cow goat dog OR cat) right of choice Fulfillment of Resolutory Condition – kapag pumasa ka na sa CPA
belongs to debtor but can be assigned to creditor Board tapos na obligation na magbigay ng allowance
Facultative – only one prestation is due but substitute Arrival of Resolutory Period – if dumating na sa May 21 tapos na
American Bully as a substi my persian cat obligation
Right of choice belongs to debtor only
- all was gone – debtor fault – right of choice creditor – ANY of No. 57. Unenforceable Contract
prestation + damage No authority – in excess of authority
- all was gone – debtor fault – right of choice debtor – last Both parties are incapable of giving consent
thing that disappeared + damage Statute of frauds (in writing) non compliance – mere executory (a lease
- all because of FE – right of choice debtor/creditor – contract for more than 1 year must be in writing otherwise it is
extinguish unenforceable)
- not all several/one – remaining – alternative
if ROC is DR – still choose among the remaining
ROC is CR – still choose among the remaining without
damage or the value of the thing loss + damage\
- If only one remains – converted to simple obligation
No. 11. Dolo Causante – Remedies – Annulment + Damages
(Perfection stage) from the start nagloko
Dolo Incidente – Remedies – Damages (Consummation stage) maayos
pag uusap pero nagloko kalagitnaan
Culpa Aquilana – Culpa Contractual – Culpa Criminal
Mora Solvendi – Dr delay
