CAPÍTULO 3. LA FORMACIÓN DEL PROFESORADO EN LA EDUCACIÓN
3.1. Criterios para la formación permanente del profesorado en el marco de la educación
A: RRI
1. Restitution;
2. Reparation for damage caused; and 3. Indemnity for consequential damages.
F. NATURAL OBLIGATIONS
Q: What are natural obligations?
A: They are real obligations to which the law denies an action, but which the debtor may perform voluntarily.
Q: What are the instances of natural obligations?
A:
1. Performance after the civil obligation has prescribed;
2. Reimbursement of a third person for a debt that has prescribed;
3. Restitution by minor after annulment of contract;
4. Delivery by minor of money or fungible thing in fulfillment of obligation;
5. Performance after action to enforce civil obligation has failed;
6. Payment by heir of debt exceeding value of property inherited; and 7. Payment of legacy after will has been
declared void.
Q: Distinguish natural from civil obligation.
A:
NATURAL OBLIGATION CIVIL OBLIGATION Based on equity and
natural law
Based from law, contracts, quasi‐
contracts, delicts, and quasi‐delicts Cannot be enforced in
court because the obligee has no right of
action to compel its performance
Can be enforced in court because the obligee has a
right of action (Pineda,Obligations and
Contracts, 2000 ed, p.
636)
Q: May natural obligations be converted into civil obligations?
A: Yes, by way of novation. The natural obligation becomes a valid cause for a civil obligation after it has been affirmed or ratified anew by the debtor.
(Pineda, Obligations and Contracts, 2000 ed, p.
634)
VI. NATURE AND EFFECTS OF OBLIGATIONS
A. OBLIGATION TO GIVE
Q: In an obligation to deliver a thing, what are the obligations of the debtor?
A: It depends upon the kind of obligation.
SPECIFIC GENERIC
Deliver the thing agreed upon (Art. 1165, NCC)
Deliver the thing which is neither of superior nor
inferior quality Take care of the thing
with the proper diligence of a good father of a family unless the law requires or parties
stipulate another standard of care (Art.
1163, NCC)
Specific performance i.e.
delivery of another thing within the same genus as the thing promised if such thing is damaged due to lack of care or a
general breach is committed
Deliver all accessions, accessories and fruits of the thing (Art. 1166, NCC)
If the object is generic, but the source is specified or delimited,
the obligation is to preserve the source Pay damages in case of
breach of obligation by reason of delay, fraud,
negligence, contravention of the
tenor thereof
Pay damages in case of breach of obligation by reason of delay, fraud,
negligence, contravention of the tenor thereof (Art. 1170) Fortuitous event
extinguishes the obligation
Obligation is not extinguished (genus nunquamperuit – genus
never perishes)
Q: In failing to deliver a thing, what are the remedies of the creditor?
A:
179
U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ SPECIFIC OBLIGATION GENERIC OBLIGATION
Specific performance
Resolution or specific performance, with
Note: In obligation to deliver a specific thing, the creditor has the right to demand preservation of the thing, its accessions, accessories, and the fruits. The creditor is entitled to the fruits and interests from the time the obligation to deliver the thing arise.
Q: What is the nature of the right of the creditor with respect to the fruits?
A:
1. Before delivery – personal right 2. After delivery – real right
Note: 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 (Art. 1164, NCC).
Q: Distinguish personal right from real right.
A:
PERSONAL REAL
Jus ad rem Jus in re
Enforceable only against
Q: What is the principle of “balancing of equities” as applied in actions for specific performance?
A: In decreeing specific performance, equity requires not only that the contract be just and equitable in its provisions, but that the consequences of specific performance, is likewise be just and equitable. The general rule is that this equitable relief will not be granted if, under the circumstances of the case, the result of the specific performance of the contract would be harsh, inequitable, and oppressive or result in an unconscionable advantage to the plaintiff (Agcaoili v. GSIS, G.R. No. 30056, Aug. 30, 1988).
1. positive‐ to do 2. negative‐ not to do
Q: What are the remedies in personal obligations?
A:
1. positive personal obligations a. not purely personal act‐ to
have obligation executed at debtor's expense plus damages
b. purely personal act‐ damages only.
Note; same rule applies if obligation is done in contravention of the terms of the obligation.
2. Negative personal obligation‐ to have the prohibited thing undone plus damages. However, if thing cannot be physically or legally undone, only damages may be demanded.
1. if made poorly
2. negative personal obligations
C. BREACHES OF OBLIGATIONS
Q: What are the forms of breach of obligations?
A:
1. Voluntary –debtor is liable for damages if he is guilty of:
a. default (mora) b. fraud (dolo) c. negligence (culpa)
d. breach through contravention of the tenor thereof
2. Involuntary – debtor is unable to perform the obligation due to fortuitous event thus not liable for damages
Q: What is the concept of a good father of the family?
A: The Supreme Court described a good father of a family by first stating who is not. He is not and is not supposed to be omniscient of the future;
rather, he is one who takes precautions against any harm when there is something before him to suggest or warn him of the danger or to foresee it(Picart v. Smith, G.R. No. L‐12406, Mar. 15, 1918).
1. COMPLETE FAILURE TO PERFORM
Q: What are the effects of breach of obligation?
A: If a person obliged to do something fails to do it, or if he does it in contravention of the tenor of the obligation, the same shall be executed at his cost. And what has been poorly done, be undone.
(Art. 1167, NCC)
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (Art.1168, NCC)
Q: What are the instances where the remedy under Art. 1168 is not available?
A:
1. Where the effects of the act which is forbidden are definite in character – even if it is possible for the creditor to ask that the act be undone at the expense of the debtor, consequences contrary to the object of the obligation will have been produced which are permanent in character.
2. Where it would be physically or legally impossible to undo what has been undone – because of:
a. the very nature of the act itself;
b. a provision of law; or
c. conflicting rights of third persons.
Note: In either case, the remedy is to seek recovery for damages.
DEFAULT (MORA))
Q: When does delay or default arise?
A: 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.
In reciprocal obligations, neither party incurs in delay if the other does not comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligations, delay by the other begins. (Art. 1169, NCC)
Q: What are the requisites of delay?
A:
1. Obligation must be due, demandable and liquidated;
2. Debtor fails to perform his positive obligation on the date agreed upon;
3. A judicial or extra‐judicial demand made by the creditor upon the debtor to fulfill, perform or comply with his obligation; and
4. Failure of the debtor to comply with such demand.
Note: In reciprocal obligations, the moment one party is ready to comply with his obligation, delay by the other begins. There is no need for demand from either party.
2. DELAY
Q: What are the kinds of delay or default?
A:
1. Mora solvendi – default on the part of the debtor/obligor
a. Ex re – default in real obligations (to give)
b. Ex personae – default in personal obligations (to do)
2. Mora accipiendi – default on the part of the creditor/obligee
3. Compensatio morae – default on the part of both the debtor and creditor in reciprocal obligations
MORA SOLVENDI
Q: What are the requisites of mora solvendi?
A:
1. Obligation pertains to the debtor;
2. Obligation is determinate, due and demandable, and liquidated;
3. Obligation has not been performed on its maturity date;
4. There is judicial or extrajudicial demand by the creditor;
5. Failure of the debtor to comply with such demand
Q: Does mora solvendi apply in natural obligations?
A: No (Art. 1423, NCC), because performance is optional or voluntary on the debtor’s part.
Q: Does mora solvendi apply in negative obligations?
A: No because one can never be late in not giving or doing something.
Q: What are the effects of mora solvendi?
A:
1. Debtor may be liable for damages or interests; and
2. When it has for its object a determinate thing, debtor may bear the risk of loss of the thing even if the loss is due to fortuitous event (Art. 1165, NCC).
Q: May the debtor’s liability be mitigated even if he is guilty of delay?
A: Yes. If the debtor can prove that loss would nevertheless transpire even if he had not been in default, the court may equitably mitigate his liability. (Art. 2215 (4), NCC; Pineda, Obligations and Contracts, 2000 ed., p. 47)
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MORA ACCIPIENDI
Q: What are the requisites of mora accipiendi?
A:
1. Offer of performance by a capacitated debtor;
2. Offer must be to comply prestation as it should be performed; and
3. Refusal of the creditor without just cause.
Q: What are the effects of mora accipiendi?
A:
1. Responsibility of DR is limited to fraud and gross negligence
2. DR is exempted from risk of loss of thing; CR bears risk of loss
3. Expenses by DR for preservation of thing after delay is chargeable to CR 4. If the obligation bears interest, DR does
not have to pay from time of delay 5. CR liable for damages
6. DR may relieve himself of obligation by consigning the thing
Q: What are the rules on default?
A:
1. Unilateral obligations
GR: Default or delay begins from extrajudicial or judicial demand – mere expiration of the period fixed is not enough in order that DR may incur delay.
XPNs:
a. The obligation or the law expressly so dictates;
b. Time is of the essence;
c. Demand would be useless, as DR has rendered it beyond his power to perform; or
d. DR has acknowledged that he is in default.
2. Reciprocal obligations
GR: Fulfillment by both parties should be simultaneous.
XPN: When different dates for the performance of obligation is fixed by the parties.
U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ