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SESSIONS NO. 5 and 6 (Weeks 3 - 4) : Cities of Mandaluyong and Pasig

1. This document provides an overview and study guide for sessions 5 and 6 of Module 4: Nature and Effects of Obligations. It discusses key topics like obligations to give and do, liability for damages, loans and usury. 2. Students are instructed to study materials in advance, find examples of terminology, and complete assignments to enhance asynchronous learning. A synchronous session will address topics and student concerns. 3. The learning outcomes are for students to explain the nature of obligations, rights of creditors, duties of debtors, and related legal matters. Students are directed to review specific Civil Code articles and submit a summary of their important learnings.

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Sean Lester S. Nombrado
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48 views5 pages

SESSIONS NO. 5 and 6 (Weeks 3 - 4) : Cities of Mandaluyong and Pasig

1. This document provides an overview and study guide for sessions 5 and 6 of Module 4: Nature and Effects of Obligations. It discusses key topics like obligations to give and do, liability for damages, loans and usury. 2. Students are instructed to study materials in advance, find examples of terminology, and complete assignments to enhance asynchronous learning. A synchronous session will address topics and student concerns. 3. The learning outcomes are for students to explain the nature of obligations, rights of creditors, duties of debtors, and related legal matters. Students are directed to review specific Civil Code articles and submit a summary of their important learnings.

Uploaded by

Sean Lester S. Nombrado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RIZAL TECHNOLOGICAL UNIVERSITY

Cities of Mandaluyong and Pasig

SESSIONS NO. 5 and 6 (Weeks 3 - 4)

MODULE NO. 4: Nature and Effects of Obligations

Topics:
1. Obligation to give
a. Specific or determinate thing
b. Generic or indeterminate thing
c. Duty of debtors
d. Kinds of fruit
e. When is ownership acquired
f. Rights of creditors
g. Accessions and accessories
2. Obligation to do
a. Failure of debtor
b. Remedies of a creditor in obligation to do
3. Obligation not to do
4. Grounds for liability for damages
5. Fortuitous event: requisites and rules as to liability
6. Loans and usury
7. Meaning of presumption
8. Transferability of rights

Overview

This session will tackle Articles 1163 - 1178 of the Civil Code. The discussion
focuses on the nature of obligations, liability of the debtors and rights of the creditors.

Study Guide

 The students will have to:


o Study in advance the material referred to in the Topic
Presentation
o Search for examples and other meanings of terminologies that
are not fully understood.
RIZAL TECHNOLOGICAL UNIVERSITY
Cities of Mandaluyong and Pasig

o Do the task given as assignment. This is to ensure that the


students will make full use of the asynchronous sessions,
thus, enhancing their learning.

 A scheduled synchronous session for about one and a half hours per
week will be conducted by the teacher with the students. This will give
the professor the opportunity to explain further the topics, address the
students’ concerns and give guidance as needed.

Learning Outcomes

The students should be able to explain the nature of obligations, rights of the
creditors, duties of the debtor, and the related matters affecting those rights
and duties.

Topic Presentation

Refer to Articles 1163 – 1178 of the Civil Code. Use the downloaded PDF version of
the book by Hector de Leon previously posted on our private FB group page. You
may also opt to use books by other authors.

https://drive.google.com/file/d/1BQGloh6abBHqSjPNpBoVp_X9BXSv8cVE/vie
w?fbclid=IwAR07I8tbyBxfu0ezfn0guXw5-ucR4xUzpujjP_DvAXq0w0N-
_NId1h1_GDo

After the last synchronous session for Module 4:


Prepare a brief SUMMARY of your important learning regarding the nature and effects of
obligations. You need to include a brief explanation for each. Format your summary in
bullet points as follows:
1. ARTICLE 1163. 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, UNLESS THE
LAW OR THE STIPULATION OF THE PARTIES REQUIRES ANOTHER STANDARD OF CARE. 
 The article refers to obligation to give a determinate thing
 Determinate/specific – identified by individuality
 Generic/indeterminate – refers to class or genus
RIZAL TECHNOLOGICAL UNIVERSITY
Cities of Mandaluyong and Pasig

 Diligence of a good father of the family. Bonus pater familias: The


concept involves giving the care which the nature of the thing
cared for demands.
 Another standard of care – The degree of diligence must not be
inferior to the diligence of a good father of the family. Anything
lower than this would be against public policy and good customs.
 The duties of debtor in obligation to give a determinate – (1) To
preserve or take care of the thing due; (2) To deliver the fruits of
the thing; (3) To deliver its accessions and accessories; (4) To
deliver the thing itself and (5) To answer for damages in case of
non-fulfillment or breach.
 Duties of the debtor in obligation to deliver a generic thing – (1)
To deliver a thing which is of the quality intended by the parties
taking into consideration the purpose of the obligation and other
circumstances; and (2) To be liable for damages in case of fraud,
negligence, or delay, in the performance of his obligation, or
contravention of the tenor thereof.
2. ARTICLE 1164. THE CREDITOR 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. 
 The general rule is that the creditor has the right to the fruits of the thing from the time the
obligation to deliver it arises.
 Ownership over the thing though, is only required when such an object is delivered to him.
The essential element therefore of ownership is delivery. Therefore, although the creditor
has the right has the right to the fruits of a thing from the time the obligation to deliver the
thing itself arises, his ownership will start when the thing is delivered to him.
 PERSONAL RIGHT is the right or power of a person to demand from another — to give, to do,
or not to do.
 REAL RIGHT is a power over a specific thing (like the right of ownership or possession) and is
binding on the whole world.
3. ARTICLE 1167. IF A PERSON OBLIGED TO DO SOMETHING FAILS TO DO IT, THE SAME SHALL BE
EXECUTED AT HIS COST.
THIS SAME RULE SHALL BE OBSERVED IF HE DOES IT IN CONTRAVENTION OF THE TENOR OF THE
OBLIGATION. FURTHERMORE, IT MAY BE DECREED THAT WHAT HAS BEEN POORLY DONE BE
UNDONE. 
 A person who has an obligation neglect to do it, he will pay for his failure.
 Same rule is observed if he fulfills the obligation but contravention of the agreement, but
the same is poor or inadequate.
 It contemplates three situations: (1) The debtor fails to perform an obligation to do; or (2)
The debtor performs an obligation to do but contrary to the terms thereof; or (3) The debtor
performs an obligation to do but in a poor manner.
RIZAL TECHNOLOGICAL UNIVERSITY
Cities of Mandaluyong and Pasig

ARTICLE 1172. RESPONSIBILITY ARISING FROM NEGLIGENCE IN THE


PERFORMANCE OF EVERY KIND OF OBLIGATION IS ALSO DEMANDABLE,
BUT SUCH LIABILITY MAY BE REGULATED BY THE COURTS, ACCORDING TO
THE CIRCUMSTANCES.

In determining the liability of a party for damages resulting from his negligence in
the fulfillment of contractual obligation, the courts have discretionary power to
moderate the liability according to the circumstances of the case.

However, this mitigation of damages is applied only to liability arising from culpa
as there is no deliberate intention to cause damage or injury as against fraud where
there is a deliberate intention to cause damage.

ARTICLE 1175. USURIOUS TRANSACTIONS SHALL BE GOVERNED BY


SPECIAL LAWS. 

 Usury- is the contracting for or receiving something in excess of the


amount allowed by law for the loan or use of money, goods, chattels
(something that a person owns other than land or buildings. e.g.
furniture, tools) or credits.
 Usury law is now legally non-existent.
 Special Laws that use to govern usury: Commonwealth
Act No. 399, Act No. 2655 as amended by Act No. 3998,
Republic Act No. 337, Presidential Decree No. 116, 858 and
1684
 Loan- giving a sum of money, goods, or credit to another, with a promise to
repay but not a promised to return the same thing
 Interest- income produced by money in relation to its amount and to the time
that it cannot be utilized by its owner. Interest s may either be moratory
(paid in contractual obligations to pay a sum of money, or as the stipulated
advanced determination of the damages due to the delay in fulfillment of the
obligation) or compensatory (interest on obligations which have an extra
contractual or delictual origin)
RIZAL TECHNOLOGICAL UNIVERSITY
Cities of Mandaluyong and Pasig

Write your answers in the body of the email to be sent to:

[email protected]

The subject of the email should be:

YOUR SECTION FAMILYNAME FIRSTNAME Assignment 2

Deadline of submission is on 09 October 2020 11:59 pm.

If you fail to follow the instructions, your assignment will be disregarded.

De Leon, H. S and De Leon H. M. (2014). The Law on Obligations and Contracts. Manila,
RexEStore

https://drive.google.com/file/d/1BQGloh6abBHqSjPNpBoVp_X9BXSv8cVE/vie
w?fbclid=IwAR07I8tbyBxfu0ezfn0guXw5-ucR4xUzpujjP_DvAXq0w0N-
_NId1h1_GDo

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