Midterms Examination

In its widest and most comprehensive sense, the term _______ means any rule of action or any system of uniformity.

In general, it determines not only the activities of men as rational beings but also the movements or motions of all objects of creation, whether animate or inanimate.

General divisions of law.

Law may be divided into two (2) general groups:

________________ which is promulgated and enforced by the state

________________ which is not promulgated and enforced by the state.

What are the Subjects of law?

_________ is the law of religion and faith which concerns itself with the concept of sin (as contrasted with crime) and salvation.

_________ may then be defined as the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone.

When we talk of ________, we are speaking of the totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community.

In the operation or course of nature, there are uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel. They are known as the laws of _________________.

The kind of law, however, which particularly concerns us in this work is the ________ or the law that is promulgated and enforced by the state.

This law is also called positive law, municipal law, civil law, or imperative law. It is the law that we refer to when we speak of law in connection with obligations and contracts, marriage, the administration of justice, the conduct of elections, and the entire governmental process itself.

What are the principal sources of law in the Philippines?

The Philippine judicial system consist of hierarchy of courts resembling a pyramid with the Supreme Court at the apex.

Under present legislation, the other courts are (a) ______, (b) _______ sitting in the different provinces and cities, and (c)_________ in Metropolitan areas established by law.

Article ______. An obligation is a juridical necessity to give, to do or not to do. (n)

The term obligation is derived from the Latin word obligatio which means ______ or ______.

It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something and this may consist in giving a thing, doing a certain act, or not doing a certain act.

Civil Code definition of ________, in its passive aspect. It merely stresses the duty under the law of the debtor or obligor (he who has the duty of giving, doing, or not doing) when it speaks of obligation as a juridical necessity.

Obligation is a __________ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents.

In a proper case, the debtor or obligor may also be made liable for damages, which represents the sum of money given as a compensation for the ________ suffered by the creditor or obligee (he who has the right to the performance of the obligation) for the violation of his rights.

Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice are known as _____________.

not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.

Essential requisites of an obligation.

The person who is bound to the fulfillment of the obligation; he who has a duty;

The person who is entitled to demand the fulfillment of the obligation; he who has a right;

The conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the _______, there is nothing to perform. In bilateral obligations (see Art. 1191.), the parties are reciprocally debtors and creditors

binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157.)

The form of an obligation refers to the manner in which an obligation is manifested or incurred. It may be ____, or in _____, or _______ and _______.

_________ is the act or performance which the law will enforce.

Is the power which a person has under the law, to demand from another any prestation.

A __________, according to its legal meaning, is an act or omission of one party in violation of the legal right or rights (ie., recognized by law) of another.

In law, the term _______ is also used to refer to the wrongful violation of the legal right of another.

The essential elements of a legal wrong or injury are:

A _______ only arises at the moment a right has been transgressed or violated.

Kinds of obligation according to the subject matter.

____________ is that in which the subject matter is a thing which the obligor must deliver to the obligee.

____________ is that in which the subject matter is an act to be done or not to be done.

There are two (2) kinds of personal obligation:

obligation to do or to render service.

____________ is obligation not to do.

Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)

Obligations arise from:

when they are imposed by law itself.

EXAMPLES:
Obligation to pay taxes; obligation to support one's family. (Art. 291.)

when they arise from the stipulation of the parties.

EXAMPLE:
The obligation to repay a loan or indebtedness by virtue of an agreement.

when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.

EXAMPLE:
The obligation to return money paid by mistake or which is not due.

when they arise from civil liability which is the consequence of a criminal offense. (Art. 1161.)

EXAMPLE:
The obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim.

when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties. (Art. 2176.)

EXAMPLES:
The obligation of the head of a family that lives in a building or a part thereof to answer for damages caused by things thrown or falling from the same (Art. 2193.); the obligation of the possessor of an animal to pay for the damage which it may have cause.

A _______ is a meeting of minds between two (2) (or more) persons whereby one, binds himself, with respect to the other, to give something or to render some service. (Art. 1305.)

State ART. 1159.

_____________ means compliance or performance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty must be observed to prevent one party from taking unfair advantage over the other.

State ART. 1160.

A __________ is that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. (Art. 2142.)

The principal kinds of quasi-contracts are ___________ and __________.

_________ is the voluntary management of the property or affairs of another without the knowledge or consent of the latter. (Art. 2144.)

__________ is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. (Art. 2154.) It is based on the principle that no one shall enrich himself unjustly at the expense of another.

The requisites of Solutio indebiti:

State ART. 1162.

A _________ is an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties. (Art. 2176.)

Requisites of quasi-delict.

A thing is said to be __________ particularly designated or physically segregated from others of the same class. (Art. 1459.)

State ART. 1163.

A thing is ________ when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.

State ART. 1164

Different kinds of fruits by the law:

________ are the spontaneous products of the soil, and the young and other products of animals.

EXAMPLES:
Grass; all trees and plants on lands produced without the intervention of human labor.

________ are those produced by lands of any kind through cultivation or labor

EXAMPLES:
Sugar cane; vegetables; rice; and all products of lands brought about by reason of human labor.

________ are those derived by virtue of a juridical relation.

EXAMPLES:
Rents of buildings, price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (Art. 442.)

State ART. 1166.

_______ are the fruits of a thing or additions to or Improvements upon a thing (the principal).

_______ are things joined to or included with the principal thing for the latter's embellishment, better use, or completion.

Kinds of delay or default.

the delay on the part of the debtor to fulfill his obligation (to give or to do)

the delay on the part of the creditor to accept the performance of the obligation

the delay of the obligors in reciprocal obligations (like in sale), i.e., the delay of the obligor cancels the delay of the obligee, and vice-versa. The net result is that there is no actionable default on the part of both parties.

The word _____, as used in the law, is not to be understood according to its meaning in common parlance.

is merely the failure to perform an obligation on time.

is the failure to perform an obligation on time which failure constitutes a breach of the obligation.

The word delay, as used in the law, is not to be understood according to its meaning in common parlance.
A distinction, therefore, should be made between _________ and ________ in the performance of an obligation.

State ART. 1170.

As used in Article 1170, it is the deliberate or intentional evasion of the normal fulfillment of an obligation.

It is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillment of an obligation. It is the failure to exercise that degree of care required by the circumstances.

Grounds for Liability:

This is the violation of the terms and conditions stipulated in the obligation without justifiable excuse or reason. The contravention must not be due to a fortuitous event or force majeure.

State ART. 1174.

A _______ is any event which cannot be foreseen, or which, though foreseen, is inevitable. Stated otherwise, it is an event which is either impossible to foresee or impossible to avoid.

Fortuitous event distinguished from force majeure.

A fortuitous event may either be an _______ or an ________.

Strictly speaking, fortuitous event is an event independent of the will of the obligor but not of other human wills.

EXAMPLES:
War, fire, robbery, murder, insurrection, etc.

They refer to what is called majeure or those events which are totally independent of the will of every human being.

EXAMPLES:
Earthquake, flood, rain, shipwreck, lightning, eruption of volcano, etc.

Kinds of fortuitous events.

those events which are common and which the contracting parties could reasonably foresee (eg, rain)

those events which are uncommon and which the contracting parties could not have reasonably foreseen (e.g., earthquake, fire, war, pestilence, unusual flood)

_______ is a contract whereby one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. It may be gratuitous or with a stipulation to pay interest. (Art. 1933.)

________ is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels or credits. (Tolentino vs. Gonzales, 50 Phil. 558.)

By ________ is meant the inference of a fact not actually known arising from its usual connection with another which is known or proved.

State ART. 1176.

Two kinds of presumption.

one which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law (see Art, 3.)

one which can be contradicted or rebutted by presenting proof to the contrary, like the presumption established in Article 1176. (see Sec. 69[1], Rule 123, Rules of Court.)

Classifications of obligations

(1) Primary classification of obligations under the Civil Code:

(2) Secondary classification of obligations under the Civil Code: