Civil Action:

● Definition: A civil action is a legal proceeding in which one party (the plaintiff) sues
another party (the defendant) in a civil court to enforce or protect a right, seek a remedy
for a wrong, or obtain compensation for damages. Civil actions encompass a wide range
of disputes, such as contract disputes, personal injury claims, property disputes, and
family law issues.
● Example: If someone is injured in a car accident due to another driver's negligence, the
injured person might file a civil action against the other driver to recover damages for
medical expenses, lost wages, and pain and suffering.

Cause of Action:

● Definition: A cause of action is the specific legal basis or set of facts that gives a person
the right to file a lawsuit. It is the underlying reason for which a plaintiff seeks legal relief.
A cause of action must include the legal elements that support the plaintiff's claim, such
as duty, breach, causation, and damages in a negligence case.
● Example: In the car accident scenario, the cause of action might be negligence. The
injured party claims that the other driver had a duty to drive safely, breached that duty by
driving recklessly, and caused the accident that resulted in the plaintiff's injuries.

Can a Moral Obligation Become a Civil Obligation?

Yes, a moral obligation can become a civil obligation in certain circumstances. This usually
happens when a moral duty is recognized and codified into law, making it legally enforceable.
Legislatures and courts sometimes convert moral principles into legal rules, thereby creating
civil obligations.

EXAMPLE:

Child Support:

● Moral Obligation: A parent has a moral obligation to support their child financially,
ensuring the child's well-being.
● Civil Obligation: This moral obligation is often codified into law, making it a civil
obligation enforceable through child support orders. A parent who fails to pay
child support can face legal penalties.

16. Is an agreement necessary before an obligation derived from law be binding?

No, an agreement is not necessary for an obligation derived from law to be binding. Obligations
derived from law are binding by their very nature because they are imposed by legal statutes,
regardless of any agreement between the parties.

17. In cases in which there is a conflict between a general from a special law, which shall
prevail?
In cases of conflict between a general law and a special law, the special law shall prevail.
Special laws are designed to address specific situations or subjects, and their provisions take
precedence over the more general provisions of a general law.

18.What is obligation derived from contracts?

An obligation derived from a contract is a duty or commitment that arises when two or more
parties enter into an agreement that is legally enforceable. The parties are bound by the terms
and conditions they have agreed upon, and the obligation is enforceable by law.

19.Are contracts, having the force of law, equal to the law itself?

Yes, contracts have the force of law between the parties.

20. How does a contract have the “force of law?”

Derived from the voluntary agreement of parties.

21.What is diBerence between an obligation from a contract?

An obligation is a broader concept that refers to a legal duty to do something, not to do

something, or to give something. A contract, on the other hand, is a specific type of agreement
between parties that creates obligations enforceable by law. Essentially, a contract is a source
of obligations

22. In an obligations to do, can a creditor compel performance if the debtor fails to do
what he obligated to do?

The creditor can compel performance through legal action.

23.What is good faith? How can good faith be determined?

Good Faith: Honest intent without intent to deceive.

24.What are quasi contracts? What are the two principal kinds of Quasi contracts?

Lawful and voluntary acts that result in an obligation.

Types: Negotiorum Gestio and Solutio Indebiti.

25.Define and give an example of Negotiorum Gestio.

Negotiorum Gestio: Managing another’s affairs without their consent.

26.Define and give an example of Solutio Indebiti.

Payment by mistake, where one party mistakenly pays another.

27. Is a quasi-contract considered an implied contract?

No, a quasi-contract is not considered an implied contract. While both involve obligations that
arise without an explicit agreement, a quasi-contract is imposed by law to prevent unjust
enrichment, whereas an implied contract is based on the conduct or circumstances of the
parties that indicate an unspoken agreement.

28. If civil obligations are derived from positive law, where are natural obligations
derived?

Natural obligations are derived from equity, justice, and moral duty. They arise from the
principles of fairness and natural law, even though they may not be legally enforceable.

29. If natural obligations are derived from equity, where are civil obligations derived?

Civil obligations are derived from positive law, which includes statutes, regulations, and legal
principles that are formally enacted or codified. Civil obligations are legally enforceable and
arise from laws, contracts, and other formal legal sources

30. What are delicts? How do delicts arise?

Delicts are wrongful acts or offenses that result in harm or injury to another person, giving rise to
liability. In legal terms, a delict is similar to a tort in common law systems. Delicts arise when an
individual violates a legal duty, causing damage or injury to another, whether intentionally or
through negligence. The wronged party can then seek compensation or damages through civil
actions.

Yes, the performance of a delict, even if it is criminal in nature, can incur civil obligations. When
a person commits a delict, they may be held criminally liable and punished by the state.
However, they may also be civilly liable to compensate the victim for any damages or injuries
caused by their wrongful act. This civil liability is separate from the criminal penalty and focuses
on making the victim whole.

32. What is Article 100 of the Revised Penal Code? Define its importance in obligations
and contracts law.
Article 100 of the Revised Penal Code states that "Every person criminally liable for a felony is
also civilly liable." This article establishes the principle that when a crime (felony) is committed,
the perpetrator not only faces criminal charges but also bears civil liability to the victim for the
damages caused by the crime. This is important in obligations and contracts law because it
ensures that victims of crimes have a legal basis to claim compensation for the harm suffered
due to the criminal act, reinforcing the dual aspect of liability in the legal system.

33. Can an accused be considered civilly liable for a delict despite being acquitted?

Yes, an accused can still be considered civilly liable for a delict even if acquitted in the criminal
case. Acquittal in a criminal case means that the prosecution failed to prove the accused's guilt
beyond a reasonable doubt. However, civil liability is determined based on a preponderance of
evidence, a lower standard of proof. Therefore, the accused may still be required to compensate
the victim for damages in a separate civil case, even if not found guilty of the crime.

34. What are the different civil liabilities arising from a crime?

The different civil liabilities arising from a crime typically include:

Restitution - Returning stolen property to its rightful owner.
Reparation for damages - Compensating the victim for any loss or injury suffered.
Indemnification for consequential damages - Compensating for additional harm caused by the
criminal act, such as loss of earnings, medical expenses, or emotional distress.

35. What is the proof required in civil cases?

In civil cases, the standard of proof required is preponderance of evidence. This means that the
evidence presented by one party must be more convincing and likely true than that of the
opposing party. It is a lower standard of proof than "beyond a reasonable doubt," which is
required in criminal cases. The party with the preponderance of evidence wins the case.

38. How can one be considered negligent?

One can be considered negligent if they fail to exercise the level of care and caution that a
reasonable person would in a similar situation, leading to harm or damage. This involves a
breach of a duty of care where the individual’s actions or omissions fall short of what is
expected, resulting in an adverse outcome.

39. What is diligence? What is the general rule with regard to the diligence needed to be
observed?

Diligence is the careful and persistent effort required to fulfill a duty or obligation. The general
rule is that one must exercise the diligence of a good father of the family, meaning they should
act with the care and prudence that a reasonable and responsible person would use in
managing their own affairs.

40. What are the requirements before a person be held liable for a Quasi-Delict?

To hold someone liable for a quasi-delict, the following requirements must be met:
Damage or Injury: There must be actual damage or injury suffered by another person
Fault or Negligence: The damage must be a result of the fault or negligence of the person.

Causal Connection: There must be a direct causal link between the person’s fault or negligence
and the damage suffered.

No Pre-Existing Obligation: The person’s liability arises from the wrongful act or omission, not
from a pre-existing obligation or contract.

42. What are the instances in which a higher standard of care is required when it comes
to diligence?

Higher standards of care are required in cases involving common carriers, public officials, and
professionals like doctors or lawyers. These roles demand a greater level of diligence due to the
significant impact their actions have on others.

43. What are fruits? What are the different kinds of fruits?

Fruits are the yields or products of a thing, such as crops, profits, or benefits. The different kinds
of fruits include natural fruits (e.g., crops and produce), civil fruits (e.g., rents and interest), and
industrial fruits (e.g., profits from business).

44. Is there a difference between ownership and possession?

Yes, ownership is the legal right to possess, use, and dispose of a thing, while possession is the
physical control or holding of the thing. Ownership includes legal rights, whereas possession is
more about physical control.

45. When does a creditor obtain a right to the fruits of a thing?

A creditor obtains the right to the fruits of a thing when the obligation becomes due and payable.
Until then, the fruits typically belong to the debtor.

46. Differentiate a determinate thing from an indeterminate thing.

A determinate thing is a specific, identifiable item with particular characteristics, while an

indeterminate thing is a type or class of items that are not specifically identified.
47. How can a thing be considered determinate? How can a thing be considered
indeterminate?

A thing is considered determinate if it is individually specified or uniquely identified, such as a

specific car or house. A thing is considered indeterminate if it is described only by general
characteristics, such as “a car” or “a house.”

48. What happens if a determinate thing is lost without fault of the debtor? What happens
if the loss is due to the actions of the debtor?

If a determinate thing is lost without fault of the debtor, the debtor is generally not liable. If the
loss is due to the debtor's actions, the debtor remains liable for the loss.

49. What happens if an indeterminate thing is lost without fault of the debtor? What
happens if the loss is due to the actions of the debtor?

If an indeterminate thing is lost without fault of the debtor, the debtor is generally not liable. If the
loss is due to the debtor's actions, the debtor is liable for the loss.

50. Can an obligation to deliver a generic thing be extinguished due to loss?

Yes, an obligation to deliver a generic thing can be extinguished due to loss, as long as the loss
is not due to the fault of the debtor.

51. If a debtor fails to comply with his obligation, what are the remedies of the creditor?

Remedies for the creditor include demanding performance, claiming damages, or seeking
rescission of the contract.

52. What are fortuitous events? Does loss due to a fortuitous event always lead to the
extinguishment of the obligation to give?

Fortuitous events are unforeseen and unavoidable circumstances that prevent the performance
of an obligation. Loss due to a fortuitous event does not always lead to extinguishment of the
obligation, especially if the debtor is at fault or if the obligation involves a determinate thing.

53. What are the instances in which a fortuitous event does not exempt a debtor despite
the thing being lost? Give an example of each.

A fortuitous event does not exempt a debtor if:

The debtor was negligent, even if the event was unforeseeable.
The obligation pertains to a determinate thing.
Example: If a debtor was negligent in securing a warehouse and it was destroyed by an
earthquake, they may still be liable.

54. What is bad faith? How can Bad Faith be determined?

Bad faith is acting with dishonest intention or lack of integrity. It can be determined by looking at
the behavior of the party, such as deliberate deception or refusal to fulfill obligations.

55. What is delay? How is it different from default?

Delay is the failure to perform an obligation on time. Default occurs when delay becomes
unreasonable, often due to a party's failure to comply despite having the ability to do so.

56. What is the difference between an accessory and an accession?

Accessory refers to something that is added to or used with another item to enhance its value or
utility. Accession refers to the process by which property or value is added to an existing item,
often through natural growth or improvements

57. What is the remedy when a person

obligated to do something fails to do the same?

The remedy is to seek specific performance, damages, or rescission of the contract.

58. What is the general rule in delay? What are the exceptions?

The general rule is that delay in performance of an obligation constitutes a breach. Exceptions
include cases of fortuitous events or when performance is not possible due to circumstances
beyond control.

59. What is demand? Is demand always needed for there to be delay?

Demand is a formal request for performance of an obligation. Yes, demand is generally needed
to establish delay unless the obligation is already due or the debtor has refused performance.

60. What are the different kinds of delay? Explain each.

Mora Solvendi - Delay on the part of the debtor in fulfilling the obligation.

Mora Accipiendi - Delay on the part of the creditor in accepting performance.

Compensatio Morae - Delay due to the creditor's own fault.

61. What are the requisites of Mora Solvendi?

The obligation must be due and demandable.
The debtor must be in default.
The delay must be attributable to the debtor's fault.

62. What are the requisites of Mora Accipiendi?

The creditor must be at fault in accepting performance.

The debtor must be ready and willing to perform.
The debtor must have made a formal offer of performance.

63. What is compensation morae? When does Compensatio morae arise?

Compensation morae refers to the delay in performance caused by the creditor's own fault. It
arises when the creditor's actions contribute to the delay of the debtor's performance.

64. When does a debtor incur delay in reciprocal obligations?

A debtor incurs delay in reciprocal obligations when they fail to perform their part after the other
party has performed or is ready to perform their part.

65. What are the instances in which a debtor may be liable for damages?

A debtor may be liable for damages in cases of undue delay, non-performance, or breach of
contract due to negligence or bad faith.

66. What is fraud? What are the different kinds of fraud?

67. Enumerate and define the kinds of damages.

Actual Damages - Compensation for real and quantifiable losses.

Moral Damages - Compensation for emotional suffering or distress.

Exemplary Damages - Additional damages awarded to deter particularly harmful behavior.

Liquidated Damages - Predetermined damages specified in a contract for breach.

68. Can a creditor impose actual and moral damages at the same time?

Yes, a creditor can impose both actual and moral damages simultaneously if both types of
damages are applicable to the case.

69. What are the three kinds of negligence?

EWAN KO SAYO REXIE

70. If a passenger is hurt due to the actions of a bus driver, what are the grounds of the
liability of the driver and the bus company?

The bus driver and the bus company can be held liable for damages if the injury resulted from
negligence or failure to adhere to safety standards.

71. What is the doctrine of respondeat superior?

The doctrine of respondeat superior holds an employer or principal legally responsible for the
negligent actions of an employee or agent performed within the scope of their employment.

72. What is contributory negligence?

Contributory negligence occurs when the plaintiff's own negligence contributes to their injury,
potentially reducing or barring their recovery

73. Define Accion Subrogatoria. Give an example of its application.

Accion Subrogatoria allows a creditor to step into the shoes of the debtor to enforce the debtor’s
rights against third parties for unpaid debts.

Example: A creditor can use Accion Subrogatoria to collect a debt owed to the debtor by a third
party.

74. Define Accion Pauliana. Give an example of its application.

Accion Pauliana allows a creditor to challenge and annul fraudulent transactions made by the
debtor intended to defraud creditors.

Example: A creditor can use Accion Pauliana to invalidate a transfer of property made by the
debtor to avoid paying debts.

75. Are rights transmissible? When can rights be transmissible?

Rights are transmissible when they are not personal in nature and can be assigned to others,
such as financial claims or property rights.

76. Define and differentiate pure and conditional obligations.

Pure Obligation: An obligation that is immediately due and demandable without any conditions.
Conditional Obligation: An obligation that depends on the fulfillment of a condition, which may
be suspensive or resolutory.

77. What are the different instances of a pure obligation?

Pure obligations include those that are due immediately and are not subject to any condition or
term, such as paying a debt on demand.

78. What are conditions? What are the types of conditions?

Conditions are future and uncertain events that determine the obligation's effect. Types include:

Suspensive Condition: An obligation takes effect upon the fulfillment of the condition.

Resolutory Condition: An obligation

ceases upon the fulfillment of the condition.

79. A contract of loan is made. The debtor stipulated that he will pay when his means
permit him to do so. Is the contract valid?

The contract is valid, but the debtor's obligation becomes due when their means permit them to
pay.

80. What are potestative conditions? Are all obligations derived from potestative
conditions valid?

Potestative conditions are conditions dependent on the will of one party. Not all obligations with
potestative conditions are valid, especially if the condition is deemed arbitrary or impossible.

81. What are casual conditions? What are impossible conditions?

Casual Conditions: Conditions dependent on chance or external events not controlled by the
parties.

Impossible Conditions: Conditions that are legally or physically impossible to fulfill.

82. What happens when a debtor voluntarily prevents the fulfillment of a condition?

When a debtor voluntarily prevents the fulfillment of a condition, the obligation is generally
considered due and the debtor is liable for damages.

83. What is constructive fulfillment in obligations?

Constructive fulfillment refers to the legal recognition of performance as if it had been physically
completed, often applied when the debtor has done everything possible to fulfill the obligation
but is unable to complete it.

84. Explain the principle of retroactivity in the fulfillment of suspensive conditions.

The principle of retroactivity allows the effects of the fulfillment of a suspensive condition to be
recognized as if they had been effective from the time of the condition's fulfillment.

85. What are the exceptions in the principle of retroactivity in the fulfillment of
suspensive conditions?

Exceptions include cases where the retroactive effect is contrary to public policy or where it
would unjustly harm third parties.

86. What happens if before the fulfillment of a suspensive condition, the thing
deteriorates without the fault of the debtor?

If the thing deteriorates without the fault of the debtor, the obligation may be extinguished, and
the debtor is generally not liable.

87. What happens if before the fulfillment of a suspensive condition, the thing
deteriorates with the fault of the debtor?

If the thing deteriorates due to the debtor's fault before the fulfillment of a suspensive condition,
the debtor may be liable for damages.

88. What is loss? How does a thing become lost?

Loss refers to the destruction, disappearance, or complete inability to recover a thing. A thing
becomes lost when it is no longer in existence, cannot be found, or is rendered inaccessible.
89. What is the right of rescission under Article 1191?

The right of rescission under Article 1191 allows a party to terminate a contract when the other
party fails to comply with their obligations, particularly in reciprocal obligations.

90. Does rescission, to be effective, require a judicial order?

Yes, rescission generally requires a judicial order to be effective, although parties may agree to
rescind a contract mutually without court involvement.

91. What is a period?

Differentiate condition from a period.

A period is a specific duration within which an obligation must be performed. Unlike conditions,
which depend on uncertain future events, a period is a definite and certain timeframe.

92. Differentiate alternative obligations from facultative obligations.

Alternative Obligations: The debtor has the choice to perform one of several obligations.

Facultative Obligations: The debtor has the choice to fulfill the main obligation or provide a
substitute in case of impossibility.

93. In alternative obligations, who is generally given the right to choose?

In alternative obligations, the debtor is generally given the right to choose which of the several
performances to fulfill, unless otherwise specified in the contract or agreement.

94. Differentiate Joint from solidary obligations.

Joint Obligations: Each debtor or creditor is responsible only for their share of the obligation.
Payment or performance by one does not affect the others' shares
.
Example: Three friends jointly borrow money and agree to pay in equal parts.
Solidary Obligations: Each debtor is responsible for the entir.