ObliCon Requisites

CHAPTER 1 - GENERAL PROVISIONS
Art. 1156. An obligation is a juridical necessity to give, to do, or not to do.
Requisites of an Obligation
1. A passive subject (debtor or obligor) - person that is bound to the
fulfillment of the obligation
2. An active subject (creditor or obligee) - person who is entitled to
demand the fulfillment of the obligation
3. Object or prestation (subject matter of the obligation) - the conduct
required to be observed by the debtor
4. A juridical or legal tie (the efficient cause) - the efficient cause
established by the various sources of obligations
Art. 1162. Obligations derived from quasi-delicts shall be governed by the

provisions of chapter 2, title 17 of this book, and by special laws.
Requisites of quasi-delicts
1. There must be an act or omission
2. There must be fault or negligence
3. There must be damage caused
4. There must be direct relation or connection of cause and effect
between the act or omission and the damage
5. There is no pre-existing contractual relation between the parties
CHAPTER 2 - NATURE AND EFFECT OF OBLIGATIONS
Art. 1169. Those obliged to deliver or to do something incur in delay from the
time the obligee judicially or extrajudicially demands from them the
fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that
delay may exists:
1. When the law or obligation so expressly declares;
2. When from the nature of the contract, time us the essence and
motivating factor for its establishment;
3. When demand would be useless (prestation is impossible);
In reciprocal obligations, neither party incurs in delay if the other does not
comply or is not ready to comply in a proper manner with what is incumbent
upon him. From the moment one of the parties fulfill his obligation, delay by
the other begins
Requisites of delay or default by the debtor

1. failure of the debtor to perform his (positive) obligation on the date
agreed upon;
2. demand (not mere reminder or notice) made by the creditor upon
the debtor to comply with his obligation which demand may be
either judicial or extrajudicial; and
3. failure of the debtor to comply with such demand
Art. 1173. The fault or negligence of the obligor consists in the omission of
that diligence which is required by the nature of the obligation and
corresponds with the circumstances of the persons, of the time and of the
place. When negligence shows bad faith, the provisions of Articles 1171 and
2201, paragraph 2, shall apply,
If the law or contract does not state the diligence which is to be
observed in the performance, that which is expected if a good father of a
family shall be required.
Factors to be considered.
1. Nature of the obligation
2. Circumstances of the person
3. Circumstances of time
4. Circumstances of the place
Art. 1174. 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.
Requisites of a fortuitous event

1. the event must be independent of the human will or at least the
debtor’s will;
2. the event could not be foreseen, or if foreseen, is inevitable;
3. the event must be of such a character as to render it impossible for
the debtor to comply with his obligation in a normal manner; and
4. the debtor must be free from any participation in, or the aggravation
of, the injury to the creditor, that is, there is no concurrent
negligence on his part.
Rules as to liability in case of a fortuitous event.

1. When expressly specified by law
a. the debtor is guilty of fraud, negligence, or delay, or
contravention of the tenor of the obligation
b. the debtor has promised to deliver the same (specific) thing
to two (2) or more persons who do not have the same interest
(Ibid.)
c. the obligation to deliver a specific thing arises from a crime
(Art. 1268)
d. the thing to be delivered is a generic (Art. 1263)
2. When declared by stipulation
3. When the nature of the obligation requires the assumption of risk
Art. 1175. Usurious transactions shall be governed by special laws.
Requisites for recovery of interest

1. The payment of interest must be stipulated (Art. 1956);
2. The agreement must be in writing; and
3. The interest must be lawful (Art. 1957)
Art. 1177. The creditors, after having pursued the property in possession of the
debtor to satisfy their claims, may exercise all the rights and bring all the
actions of the latter for the same purpose, save those which are inherent in
his person; they may also impugn the acts which the debtor may have done
to defraud them.
Remedies available to creditors for the satisfaction of their claims

1. exact fulfillment (specific performance) with the right to damages;
2. pursue the leviable (not exempt from attachment under the law)
property of the creditor;
3. ACCION SUBROGATORIA – an action where the creditor whose
claims had not been fully satisfied, may go after the debtors (3rd
person) of the defendant debtor.
4. ACCION PAULIANA – an action where the creditor files an action in
court for the RESCISSION of acts or contracts entered into by the
debtor designed to defraud the forme
CHAPTER 3 - DIFFERENT KINDS OF OBLIGATIONS
Art. 1189. When the conditions have been imposed with the intention of
suspending the efficacy of an obligation to give, the following rules shall be
observed in case of the improvement, loss or deterioration of the thing
during the pendency of the condition:.....
Requisites for application of Article 1189

1. The obligation is a real obligation;
2. The subject is a specific or determinate thing;
3. The obligation is subject to a suspensive condition;
4. The condition is fulfilled; and
5. There is loss, deterioration, or improvement of the thing during the
pendency of the condition
Art, 1191. The power to rescind obligations is implied in reciprocal ones, in

case one of the obligors should not comply with what is incumbent upon
him.
The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either case. He
may also seek rescission, even after he has chosen fulfillment, if the latter
should become impossible.
The court shall decree the rescission claimed, unless there be just
cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third
persons who have acquired the thing, in accordance with Articles 1385 and
1388 and the Mortgage Law.
Remedies in reciprocal obligations

1. Choice of remedies - In case one of the obligors does not comply with
what is incumbent upon him, the injured or aggrieved party may
choose between two remedies:
a. action for specific performance (fulfillment) of the obligation
with damages; or
b. action for rescission of the obligation also with damages.
Rescission is the remedy available to an obligee when the creditor
fails to comply with his obligation, to abrogate their contract as if it was never
entered into, with the right to recover damages.
2. Remedy of rescission for non-compliance - The principal action for
rescission for non-performance under Article 1191 must be
distinguished from the subsidiary action for rescission by reason of
legion or damage under Art 1381… Art 1191 governs where there is
non-compliance by one of the contracting parties in case of
reciprocal obligations. The remedy is granted for breach by the other
contracting party that violates the reciprocity between them.
Art. 1200. The right of choice belongs to the debtor, unless it has been
expressly granted to the creditor. The debtor shall have no right to choose
those prestations which are impossible, unlawful or which could not have
been the object of the obligation. (1132) REMEMBER, GENERAL RULE
Art. 1231. Obligations are extinguished:

(1) By payment or performance;
(2) By the loss of the thing due;
(3) By the condonation or remission of the debt; (total ex, hayaan mo na)
(4) By the confusion or merger of the rights of creditor and debtor; (magiging
1 d and c)
(5) By compensation; (quits)
(6) By novation. (babaguhin ang obligation)
PALOREMECON

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CHAPTER 1 - GENERAL PROVISIONS

Art. 1156. An obligation is a juridical necessity to give, to do, or not to do.

Art. 1162. Obligations derived from quasi-delicts shall be governed by the

CHAPTER 2 - NATURE AND EFFECT OF OBLIGATIONS

Requisites of delay or default by the debtor

Art. 1174. Except in cases expressly specified by the law, or when it is

Requisites of a fortuitous event

Rules as to liability in case of a fortuitous event.

Art. 1175. Usurious transactions shall be governed by special laws.

Requisites for recovery of interest

Remedies available to creditors for the satisfaction of their claims

CHAPTER 3 - DIFFERENT KINDS OF OBLIGATIONS

Requisites for application of Article 1189

Art, 1191. The power to rescind obligations is implied in reciprocal ones, in

Remedies in reciprocal obligations

Art. 1231. Obligations are extinguished:

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