COURSE SYLLABUS IN OBLIGATIONS AND CONTRACTS.pdf

COURSE SYLLABUS IN OBLIGATIONS AND CONTRACTS

Goal: For the students:

(1) To know the concept and significance of their rights and obligations

in dealing with property relations;

(2) To understand and apply the provisions of law in obligations and

contracts through reading and understanding cases;

(3) To handwrite legibly digested cases to prepare them for a written

examination and for them to improve their writing strokes.

I. PRESCRIPTION

Articles 1106-1155

1. Significant application of extinctive prescription

2. How to set up the defense of prescription

3. Doctrine of Laches

4. Acquisitive prescription

5. Distinction between prescription and laches

6. Interruption of prescriptive period

7. Actions which do not prescribe

Cases: Mapa III vs. Guanzon, 77 SCRA; Nelson and Co., vs Lepanto Mining, Co, vs 18 SCRA 1040; Agra, et al., v. PNB. G.R. No. 133317, June 29, 1999; Cruz v. CA., February 18, 1991; PLDT v. Pingol, G.R. No. 182622, Sept. 8, 2010; Lourdes Suites v. Binarao, G.R. No. 204729, August 06, 2014; China Banking Corp., v. Commissioner of Internal Revenue, G.R. No. 172509, February 4, 2015

II. OBLIGATIONS:

A. General Provisions (Articles 1156 to 1162)

1. Concept, Requisites, Classification of Obligations

2. Sources of Obligations

a. Obligations arising from law

b. Obligations arising from Contracts

COURSE SYLLABUS IN PBLIGATIONS AND CONTRACTS Page 2 of 26

c. Obligations arising from Quasi Contracts

d. Obligations arising from Criminal Offenses

e. Obligations arising from Quasi Delicts

B. Nature and Effect of Obligations (Articles 1163 to 1178)

1. Obligations to give

a. Nature or right of creditor

b. Rights of creditor in determinate obligations

c. Rights of creditor in generic obligations

d. Obligations of debtor in determinate obligations

e. Obligations of a debtor in generic obligations

2. Obligations to do; Effects of Breach

3. Obligations not to do; Effects of Breach

Breach of Obligations

1. Voluntary breach through default or mora

2. Voluntary breach through fault or dolo

3. Voluntary Breach through Negligence or culpa

4. Voluntary breach through contravention of tenor thereof

Concept of Fortuitous Events

1. Classification

2. Effect upon obligation

3. Essential Conditions

4. Exception

Usurious Transactions

Extinguishment of Interests and Prior Installments

Remedies of Creditors to Protect Credit

1. Exhaustion of debtors property

2. Accion subrogatoria

3. Accion pauliana

Cases: Samson vs CA, 238 SCRA 397; Nakpil vs CA, 144 Scra 596; Sia vs CA, 222SCRA 24; Adorable vs CA, 319 SCRA 2000; Fideldia, et al., v. Soncuan, et


al., G.R. No. 151352, August 29, 2005; Jose et al., v. Novida et al., G.R. No. 177374, July 02, 2014; CCC Insurance Corp. v. Kawasaki Steel Corp.,et al., G. R. No. 15616, June 22, 2015;

C. DIFFERENT KINDS OF OBLIGATIONS (Articles 1179 to 1230)

1. Pure and Conditional Obligations (Articles 1179 to 1192)

a. Pure obligation

b. Conditional obligations

c. Classification of conditions aa. Suspensive and Resolutory conditions

bb. Potestative, Casual and Mixed conditions

cc. Possible and Impossible conditions

dd. Positive and negative conditions

d. Constructive fulfillment of suspensive conditions

Effect of suspensive conditions before fulfillment

Effect of suspensive condition after fulfillment

Effect of loss, deterioration or improvement

e. Effect of resolutory conditions

Before fulfillment

After fulfillment

f. Concept of reciprocal obligations

Necessity of judicial action

Nature of breach

Alternative remedies of injured party

Damages to be awarded

Effect of rescission

Effect upon third person

Effect of breach by both parties

Cases: Lao Lim vs CA, 191 SCRA 150; Patente vs Omega, G.R. No. L-4433,

May 29, 1953, 93 Phil 218; Angeles vs CA, 250 SCRA 223; UFC vs CA, 33

SCRA 1; Ong vs CA, 310 SCRA 1999


2. Obligations With a Period

a. Concept of term or a period

Distinguished from condition

Classification of a term or a period

Effect of fortuitous event

b. Effect of advanced payment or delivery

c. Benefit of term or period

d. Judicial term or period

When court may fix term

Nature of action

Effect of judicial period

c. Extinguishment of debtors right to period

3. Alternative and Facultative Obligations

a. Concept

b. Right of choice in alternative obligations

Limitations upon right of choice

When choice takes effect

Effect upon obligation

When only one prestation is practicable

When choice is rendered impossible

c. Effects of loss of objects of obligation

If right belongs to the debtor

If right belongs to the creditor

d. Nature of facultative obligations

Distinguished from alternative obligations

When substitution take effect

Effect of loss of substitute

4. Joint and Solidary Obligations

a. Concept

b. Nature of Collective Obligations in general


c. Joint Divisible obligations

d. Joint Indivisble obligations

Effect of breach

Effect of insolvency of a debtor

Interruption of period of prescription

e. Indivisibility and solidarity

Kinds of solidarity

Effect of active solidarity in general

Effect of passive solidarity in general

f. Effect of varied conditions or periods

Effect of beneficial and prejudicial acts

Effect of assignment of rights

Effect of demand by a creditor

Effect of Novation

Effect of compensation and confusion

Effect of remission

Effect of payment to a creditor

Effect of demand upon a debtor

Effect of payment by a debtor

Effect of loss or impossibility of performance

g. Defense available to a solidary debtor

h.

Cases: Lakarge Cement Phils. Vs. Continental Cement Corp., et al., G.R. No.

155173, Nov. 23, 2004; Agoncillo vs Javier, 38 Phil. 424; Ynchausti vs. Yulo,

34 Phils. 978

5. Divisible and Indivisible Obligations

a. Concept

Relation to divisibility and indivisibility of things

b. Effect of divisible or indivisible obligations

Breach of joint indivisible obligations

c. Determination of divisibility and indivisibility


In obligations to give

In obligations to do

In obligations not to do

6. Obligations with Penal Clause

a. Concept

Purpose of penalty

Kinds of penalty

b. Effect of penalty; general rule

Exceptions

Enforceability of penalty

c. Limitation upon right of debtor

Limitation upon right of creditor

d. Proof of actual damages

e. When penalty may be reduced

f. Nullity of obligation or penalty; effect

Cases: Garcia vs CA, 167 SCRA 815; Insular Bank of Asia and America vs. Sps.

Salazar, 159, SCRA, 111; Umali vs Miclat, 105 Phil. 1109)

D. Extinguishment of Obligations

General provisions

Modes of extinguishing obligations

1. Payment or performance

Concept

When obligation is paid or performed

Who may pay obligation

aa. Payment by a third person

Right of creditor

Right of third person


Right of reimbursement

Right of subrogation

Gratuitous payments

bb. Capacity to make payment

cc. To whom payment must be made

Persons authorized to receive payment

Payment to unauthorized persons

Exceptions

Payment to incapacitated persons

Payment to third persons

Payment to possessors of credit

Payment after judicial order of retention 1243

dd. What must be paid 1246

Effect of dation in payment

Effect is object is generic

ee.Expenses of payment 1247

ff. Character of payment

gg. Rule in monetary obligations 1249

Effect of R.A. Nos. 529 and 4100

Meaning of legal tender

Payments with negotiable paper

hh. Effect of extra ordinary inflation and deflation

ii. Place of payment.

B. Application of payment (Articles 1252 to 1254)

a. Concept (1252)

Requisites

Right of debtor to make applications

Exception

Time when right is exercised

b. Limitation upon right to apply payment (1253)

c. Legal application of payment (1254)


When debts are not of the same burden

When debts are of same burden

C. Payment by cession (1255)

Concept

Requisites

Kinds

Distinguished from dation in payment

Effect

Cases: Filinvest Credit Corp., vs. Phil. Acetylene Co., 197 Phil. 394;

haw Pia vs. China Banking Corp., 80 Phil. 604;

D. Tender of Payment and Consignation (Articles 1256-1261)

a. Concept (1256 1258)

Distinctions

General requisites of consignation

Special requisites of Consignation

Subject matter of consignation

b. Expenses of consignation (1259)

c. Effects of consignation (1260-1261)

Effect of withdrawal

Cases: PNB vs Teves, L-8076, 8813, Dec. 14, 1951; New pacific Timber

and Supply Co. vs Judge Seneris, 101 SCRA 686; Singson vs. Caltex

[Inc.], G.R. No. 1327798, Oct. 4, 2000; Hubonhua vs CA, G.R. Nos.

95897 and 102604, Dec. 14, 1999; Velasco vs. Manila Electric Co., 42

SCRA 556; Lantion vs NLRC, 181 SCRA 513; Roman Catholic Bishop of

Malolos, Inc. vs IAC, 191 SCRA 411;

2. Loss of the thing due (Articles 1262 1269)

a. Concept

Effect of loss in determinate obligation to give (1262)

Effect of fortuitous event


Exception

b. Effect of loss in generic obligation to give (1263)

Effect of partial loss (1264)

c. Rule if things is in debtors possession (1265)

d. Effect of impossibility of performance in obligation (1266)

Effect

Effect in obligations to do

e. Effect of relative impossibility (1267)

f. Rule if obligations arises from criminal offense (1268)

g. Effect of extinguishment of obligations

Case: Naga Telephone Co., et al. vs CA, et al., Feb. 24, 1994

3. Condonation or remission of the debt (1270 -1274)

a. Concept

Requisites

Kinds

Gratuitous character of remission (1270)

Necessity of acceptance by debtor

Applicability of rules on donations

Extent of remission

Form of express remission

Form of implied remission

b. Effect of delivery of evidence of credit to debtor (1272)

c. Effect of remission in general (1273 1274)

Effect upon accessory obligation

Rule in pledge

4. Confusion or merger of rights (Articles 1275 1277)

a. Concept of Confusion (1275)

Requisites

Kinds


b. Effect upon accessory obligations (1276)

c. Effect upon collective obligation (1277)

Effect of revocation of confusion

Cases: Testate Estate of Mota vs. Serra, 40 Phil 464; Yek Tong Lin Fire

and Marine Insurance Co. vs Yusingco, 46 Phil 473

5. Compensation (Articles 1278 1290)

a. Concept of Compensation (1278)

Distinguish from payment

Distinguish from confusion

Distinguish from counterclaim

b. Kinds of compensation

c. Requisites of compensation (1279)

As to parties

Bound as principals

As to objects

As to maturity

As to liquidation and demandability

As to claims of third persons

d. Right of guarantor to set up compensation (1280)

e. Voluntary compensation (1281-1282)

f. Judicial compensation (1283)

g. Rules in case of rescissible or voidable debts (1284)

h. Effect of assignment of rights (1285)

When compensation has taken place

When compensation has not taken place

With consent of debtor

With knowledge, but without consent of debtor

Without knowledge of debtor

i. Debts which cannot be compensated (1286 1288)

j. Effect of compensation 91289 1290)

When compensation takes effect


Case: Gullas vs National Bank, 62 Phil. 519

6. Novation (Articles 1291 1304)

a. Concept (1291)

Requisites

Kinds

b. Form of extinguishment (1292)

Express novation

Implied novation

c. Novation by substitution of debtor (1293)

Necessity of creditors consent

Effect of payment by new debtor

d. Effect of payment by new debtor (1294 -1295)

If substitution is by expromision

If substitution is by delegacion

e. Effect upon accessory obligations (1296)

f. Effect if new and /or old obligations are void

Rule id old obligation is voidable

g. Effect if old obligation is conditional (1299)

h. Novation by subrogation (1300)

i. Conventional subrogation (1301)

j. Legal subrogation (1302)

k. Effect of total subrogation (1303-1304)

Effect of partial subrogation

Cases: Emilio Uraca, et al., vs CA, et al., G.R. No. 115158, September 5,

1997; Reyes vs CA, et al., G.R. No. 120817, Nov. 4, 1996

III. CONTRACTS

A. General Provisions (Articles 1305 1317)

1. Concept

a. Characteristics (1305)


Elements

Stages

Classification

Auto Contracts

Contracts of Adhesion

b. Freedom to Contract (1306)

Validity of stipulations

Limitations on stipulations

c. Innominate Contracts (1307)

Analogous contracts

d. Mutuality of Contracts (1308)

Unilateral cancellation

Express agreement

e. Relativity of contracts (1311)

Parties bound by contract

Third persons not bound

Enforcement of contract

Annulment of contracts

Contracts bind heirs

Stipulations for third persons

Who may revoke

Collective contracts

f. Real rights in property (1312)

g. Contracts in fraud of creditors (1313)

h. Interference by third persons (1314)

Extent of liability

i. Perfection of consensual contracts (1315)

Binding effect of contract

j. Perfection of real contracts (1316)

k. Ratification necessary (1317)

Express or implied

Effect retroactive


Status before ratification

Liability of representative

Cases: Spa pascual vs Ramos, G.R. No. 144712, July 4, 2002; Cuizon vs

CA, 260 SCRA 645; Ferrazini vs. Gsell, 34 Phil. 697; Del Castillo vs

Richmond, 45 Phil. 697; Cui vs Arellano University, 112 Phil 135; Sy

Suan vs. Regala, 105 Phil 1024; Constantino vs Espiritu, 39 SCRA 206

2. Essential Requisites of Contracts (Articles 1318 1385)

a. General provisions (1318)

Parties to contract

Capacity of parties

Want of counsel

CONSENT

b. Concept of consent (1319)

Elements

Forms of consent

Manifestation of consent

Offer by one party (definite, complete, international, mental)

Acceptance by offeree

Amplified acceptance

Complex offers

Simultaneous offers

Successive agreements

Knowledge of offeror (Through intermediaries, by

correspondence, by telephone)

Effect of silence

Withdrawal of offer

Lapse of time

Revocation of acceptance

New contract before acceptance

Public offers


c. Implied acceptance (1320)

Waiver of acceptance

Effect of silence

d. Right of offeror (1321)

Period for acceptance

Manner of acceptance

e. Contract through intermediary (1322)

f. Period of acceptance (1324)

Withdrawal of offer

Crossing revocation and acceptance

Effect of delay

Contract of option

g. Sales advertisements (1325)

h. Effect of bidding (1326)

Judicial sales

i. Effect of incapacity (1327)

Unemancipated minors

Estoppel

Emancipation

Insane persons

Deaf mutes

j. Lucid intervals (1328)

Liquor and drugs

Hypnotism and somnambulism

k. Other causes of incapacity (1329)

Special disqualifications

l. Requisites of consent (1330)

Defects of the will

Discretion of courts

m. Concept of error (1331)

Mistake of fact or law

As to object


Nature of contract

Principal conditions

Accidental, accessory conditions

Effect of intent

Error as to person

Solvency of the party

Motive of the party

Error as to account

Account and quantity

Correction of account

Eror as to absis of contract

Error as to estimates

Error in unilateral decision

Liability for error

n. Fraud or mistake alleged (1332)

o. Inexcusable error (1333)

p. Error of law (1334)

Legal effects of contracts

Error as to the nature of contract

q. Violence and intimidation distinguished (1335)

Scope and test

Requisites of violence

Requisites of intimidation

Unjust act

Enforcement of claim

When improper

Serious evil or wrong

Imminence of evil

Object of evil

Nature of injury

Reasonable fear

Respect and obedience


Cause of consent

Moral coercion

r. Duress by third person (1336)

s. Undue influence (1337)

Circumstances to be considered

Employed by third persons

Contracts of adhesion

t. Concept of fraud (1338)

Insidious words and machinations

Kinds of fraud

Compared with error

Requisites of fraud

Effects of fraud

Proof of fraud

u. Concealment of fraud (1339)

Innocent non-disclosures

v. Tolerated fraud (1340)

Opportunity to know

w. Expression of opinion (1341)

Made by expert

x. Fraud by third person (1342)

Mutual error

Compared with violence

y. Magnitude of fraud (1343)

Determining cause

Fraud by one party on another

Mutual fraud

Plurality of subjects

Dolo incidente

z. Definition of simulation (1345)

Absolute simulation

Relative simulation


aa. Absolute simulation (1346)

Recovery under contract

Distinguished from fraudulent alienation

Simulation presumed

Relative simulation

Effect as to third persons

Acquisition of title

Cases: ABS-CBN vs CA et al., 301 SCRA 572; Palattao vs. CA, et al., G.R. No. 131726, May 7, 2002; National Commercial Bank of Saudi Arabia vs. CA, G.R. No. 1242467, January 17, 2005; DBP vs Perez, G.R. No. 14854, Nov. 11,. 2004; Sanchez, vs Rigos, 45 SCRA 368; Mercado and Mercado vs. espiritu, 37 Phil. 125; Braganza vs Villa Abrille, 105 Phil 456; Songco vs Sellner, 37 Phil. 254; Rosario, et al. v. CA, et al., G.R. No. 127005, July 19, 1999; Lee and Asiatrust Development Bank v. Bangkok Bank Public Co., G.R. No. 173349, February 09, 2011; Philtranco Service Enterprises, Inc., v. Paras and Inland Railways, Inc., et al., G.R. No. 161909, April 25, 2012; Paz v. Environmental Universality. Inc., G.R. No. 203993, April 20, 2015;

OBJECTS OF CONTRACTS

a. Concept of object

Requisites

Within commerce of man (1347)

Existence of object

Future inheritance

Not part of inheritance

Contrary to law or morals

Prestation of third party

b. Impossible things or services (1348)

Liability for damages

Partly impossible

Difficulty of performance


c. Determination of kind (1349)

Determination of quantity

Case: Blas vs Santos, 111Phil. 503;

CAUSE OF CONTRACT

a. Concept

Distinguished from object

Distinguished from consideration

Distinguished from motive

Requisite of cause

Onerous contracts (1350)

Mutual promises

Accessory contracts

Accommodation parties

Remuneratory contracts

Contract taken as a whole

b. Purpose of contract (1375)

c. Usages or customs (1376)

d. Obscure terms construed (1377)


e. Reciprocity of interests (1378)

Least transmission of rights

f. Partly written contract (1379)

Natural right

Cases: Phil. Banking Corp. vs Lui She, 21 SCRA 52; Villaroel vs Estrada,

71 Phil. 14;

Mactal vs melegrito, 111 Phil. 363;

B. Form of Contracts

a. Intent over form (1356)

Contracts valid in any form

Formalities required by law

For validity of contract


Execution of instrument

b. Compliance with formality (1357)

Causes of action

Survival of actions

c. Writing not for validity (1358)

Case: Dauden-Hernaez vs Delos Angeles, 27 SCRA 1276;

C. Reformation of Instruments

a. Basis of reformation (1359)

Requisites of reformation

Distinguished from annulment

Operation and effect

Effect on statutes of frauds

b. Requisites of mistake (1361)

Mistake of fact

Must be mutual

Effect of negligence

c. Mistake of one party (1362)

d. Mistake of draftsman (1363, 1364)

e. Deed held to be mortgage (1365)

f. Donations and wills (1366)

g. Void agreements (1367)

Cases: Huibonhua vs COA, 320 SCRA 625; Bentir and Formida vs Judge

Leanda and Leyte Gulf Traders, Inc., G.R. No. 128991, April 12, 2000; Rita

Sarming, et al., vs Dy, et al., G.R. No. 133643, June 6, 2002;

D. Interpretation of Contracts

a. Interpretation of terms (1370)

Intent of the parties

Proof of intention

Reformation of instruments


b. Determining intention (1371)

c. Scope of general terms (1372)

d. Validity favored (1373)

e. Contract taken as a whole (1374)

f. Purpose of contract (1375)

g. Usages or customs (1376)

h. Obscure terms construed (1377)


i. Reciprocity of interests (1378)

Least transmission of right

j. Partly written contract (1379)

Natural right

E. Rescissible Contracts

a. Defective contracts

Relative ineffectiveness

Concept of rescission (1380)

Nature of contract

Rescission in reciprocal obligations

Rescission and mutual dissent

Requisites of rescission

Direct proceedings to rescind

b. Rescission on legal grounds 91381)

Contracts with lesion

Contracts of guardians

Contracts for absentees

Contracts in fraud of creditors

Action pauliana and simulation

Requisites for rescission

Existence of credit

Priority of credit


Exception

Creditors included

Fraudulent conveyance

Test of fraud

Signs of fraud

As to transferee

c. Payment when insolvent (1382)

d. No other remedy (1383)

e. Extent of rescission (1384)

Who may bring action

f. Mutual restitution (1385)

Transfer to third person

Right of transferee

Transferee in good faith

Transferee in bad faith

Right to damages

g. Fraud presumed (1387)

Rebuttal of presumption

Proof of fraud

Effect of fraud

h. Subsequent transfers (1388)

Bad faith of transferee

i. Minority of party (1389)

Cases: Rosencor development Corporation and Rene Joaquin vs Paterno

Inquing, et al., G.R. No. 140479, March 8, 2001; Khe Hong Cheng vs CA, G.R.

No. 144169, March 28, 2001; Guzman, Bocaling and Co., Inc. vs Bonnevie,

206 SCRA 668; Concepcion vs Sta Anna, 87 Phil.787; Rivera vs. Li Tam and

Co., 4 SCRA 1072;

Oria vs MacMicking, 21 Phil. 243

F. VOIDABLE CONTRACTS

a. Concept


Rescission and annulment

Grounds for annulment

Incapacity to consent

How annulment obtained

b. Prescription of nullity (1391)

Application of period

Registered documents

c. Confirmation and ratification (1392)

Ratification and acknowledgment

Requisites of ratification

Transmission of right

d. Express ratification (1393)

Implied ratification

e. Exercise of ratification (1394)

f. Effect of ratification (1396)

Retroactivity of ratification

g. Personal requisites (1397)

Incapacitated person at fault

Representation of capacity

h. Mutual restitution (1398)

Who may invoke restitution?

Contracts not covered

Restitution of fruits and interest

Liability for damages

i. Incapacitated party (1399)

Profit by incapacitated

Restitution by capacitated party

j. Loss of thing by plaintiff (1401-1402)

Loss of thing by defendant

Loss of fruits and accessories

Cases: Bael vs IAC, 169 SCRA 617; Braganza vs Villa Abrille, 105 Phil. 456; De

Santos vs City of Manila, 45 SCRA 409; Talag vs Tankengco, 92 Phil. 1066


G. UNENFORCEABLE CONTRACTS

a. Concept and distinctions

b. Unauthorized contracts (1403)

Statute of frauds

Purpose of statute

Validity of contracts

Action to enforce

Note or memorandum

Performance within one year

Guaranty of anothers debt

Test of guaranty

In consideration of marriage

Sale of personalty

Separable contracts

Partial delivery or payment

Lease or sale of realty

Description of property

Representation as to credit

Parties incapacitated

c. Ratification validates contracts (1404)

d. Failure to object (1405)

Acceptance of benefits

e. Defense is personal (1408)

Cases: Rosencor Development Corp. vs Inquing, 354 SCRA 119; Factoran vs

Sabanal, 81 Phil. 512; Diana vs Macalibo, 75 Phil. 71; Western Minadanao

Lumber Co., vs Medalla, 79 SCRA 702; Shoemaker vs La Tondena, 68 Phil

24;

H. VOID OR INEXISTENT CONTRACTS

a. Void or inexistent contract (1409)

Characteristics of void contracts


Parties affected

Action on contract

Ratification

b. Defect incurable (1410)

Nature of action

c. Illegality common to parties (1411,1412)

Only one party guilty

Cases of usury

d. Recovery of usurious interest (1413)

e. Repudiation of illegal contracts (1414)

f. Divisible or separable contracts (1420)

Nature of contracts

Intention of parties

g. Nullity as defense (1421)

Cases: Liguez, vs CA, 102 Phil. 577; Mapalo vs Mapalo, 17 SCRA 114;

Rodriguez vs Rodriguez, 20 SCRA 908; Angel Jose Warehousing Co., vs

Chelda Enterprises, 23 SCRA 119; Development Bank of the Phil. Vs Perez,

G.R. No. 148541, Nov. 11, 2004; Phil. Banking Corp., vs Lui She, 21 SCRA 52

I. NATURAL OBLIGATIONS

a. Basis of natural obligations

b. Types of obligations (1423)

Concept of natural obligations

Natural and imperfect

Natural and moral

Fulfillment of natural obligations

Voluntary fulfillment

Conversion to civil obligation

Guaranty of natural obligations

Illicit obligations

c. Restitution by minor (1426)

Payment by minor


Good faith of the creditor

Nature of thing

Non-consummable thing

d. Nullity due to form (1430)

J. ESTOPPEL

a. Principle of estoppels (1431)

Concept of estoppels

Illegal act excluded

Distinguished from waiver

Distinguished from ratification

Representations and positive acts

Admissions

Silence or inaction

Nature of laches

Laches and prescription distinguished

Reliance and belief

b. Effect of provision (1432)

c. Kinds of estoppels (1433)

Elements of estoppels in pais

d. Subsequent acquisition of title (1434)

e. Estoppels of tenant (1435, 1436)

f. Estoppels against owner (1437)

g. Estoppels from benefits (1438)

h. Parties affected (1439)

No estoppel against government

Cases: Maneclang vs Buan, 208 SCRA 179; Heirs of Lacamen vs Heirs of

Laruan, 65 SCRA 605; Nielson & Co., Inc., vs lepanto Consolidated Mining

Co., 18 SCRA 1040; pnb VS Barreto, 52 Phil 818

K. TRUSTS

a. Characteristics of trusts


Distinguished from other relations

b. Mayorazgo as trust (1440)

Nature of trustees liability

Trust property

Existence of cestui que trust

c. Classification of trusts (1441)

Resulting and constructive

d. General law of trust

EXPRESS TRUST

a. Proof of express trust (1443)

b. No particular form required (1444)

c. Want of trustee (1445)

IMPLIED TRUST

a. Trust from payment (1447, 1448)

Exceptions to rule

b. Inheritance in trust (1449-1451)

c. Title in one co-owner (1452)

d. Trust based on promise (1453)

e. Investment of trust funds (1454-1545)

Acquisition of trust property

f. Mutual mistake (1456)

Unilateral mistake

Cases: Cuaycong vs Cuaycong, 21 SCRA 1192; Fabian vs Fabian, 21 SCRA

213; Sotto vs Teves, 86 SCRA 154; Alarcon vs Bidin, 120 SCRA 390; Caragay-

Lagno vs CA, 133 SCRA 718; Tongoy vs CA, 123 SCRA 99; Bueno vs Reyes, 27

SCRA 1179;

References: Obligations and Contracts by Jurado, Tolentino, Agpalo

Prepared by Judge CYNTHIA MARTINEZ FLORENDO

Documents

COURSE SYLLABUS IN OBLIGATIONS AND CONTRACTS.pdf