Lesson 1. obligation and contract

Obligation and Contract

Law 1Vhonz Sugatan

InstructorPOWER School of technology

What is Obligation and Contract?

OBLIGATION

Article 1156

CONTRACT

Article 1305

ELEMENT OF OBLIGATION


1. Active Subject


2. Passive Subject


3. Object


4. Efficient Cause


Example:

JohnPeter

CONCEPT OF PRESENTATION

A Presentation is an OBLIGATION;


Giving a thing


Doing a thing


Not doing

Mataas na Lupa Tenants Association v. Carlos Dimayuga and Juliana Diego Vda.

De GabrielL-32049, June 25, 1984

Under P.D. 1517, tenants-lessees are given pre-emptive or preferential rights if they have occupied the land or lot for over ten (10) years.



The owner has this obligation to grant said preference. Thus he cannot sell to a third person without first offering the same to the lessee.



If the latter renounces said right, the waiver must be in a public instrument.

KINDS OF OBLIGATION

KINDS OF OBLIGATION

1. SANCTION

KINDS OF OBLIGATION

A. Civil Obligation

TYPES OF SANCTION

KINDS OF OBLIGATION

B. Natural Obligation

TYPES OF SANCTION

KINDS OF OBLIGATION

C. Moral Obligation

TYPES OF SANCTION

KINDS OF OBLIGATION

2. SUBJECT-MATTER

A. Real Obligation

TYPES OF SUBJECT-MATTER

KINDS OF OBLIGATION

B. Personal Obligation

TYPES OF SUBJECT-MATTER

KINDS OF OBLIGATION

KINDS OF OBLIGATION

3. AFFIRMATIVENESS & NEGATIVENESS

A. Positive Obligation

TYPES OF AFFIRMATIVENESS & NEGATIVENESS

KINDS OF OBLIGATION

B. Negative Obligation

TYPES OF AFFIRMATIVENESS & NEGATIVENESS

KINDS OF OBLIGATION

KINDS OF OBLIGATION

4. PERSONS OBLIGED

A. Unilateral Obligation

TYPES OF PERSONS OBLIGED

KINDS OF OBLIGATION

B. Bilateral Obligation

TYPES OF PERSONS OBLIGED

KINDS OF OBLIGATION

CASE SAMPLE

FACTS: A wife was about to deliver a child. Her parents in law called the doctor.

Pelayo v. Lauron 12 Phil. 453 (BAR)

CASE SAMPLE

ISSUE: Who should pay the Doctor, the husband or the parents?


CASE SAMPLE

ANSWER: The husband should pay, even if was not the one who called the doctor.


CASE SAMPLE

ANSWER: It is his duty to support the wife, and support includes medical attendance.


CASE SAMPLE

ANSWER: The duty to pay is an obligation to give, and is imposed by the law.


CASE SAMPLE

FACTS: A municipal mayor, upon assumption of office arbitrarily dismissed a corporal in the police force of the municipality.

Joaquin P. Nemenzo v.

Bernabe SabillanoL-20977, Sept. 7, 1968

CASE SAMPLE

FACTS: Without due investigation.



CASE SAMPLE

ISSUE: Is the Mayor personally liable?



CASE SAMPLE

ANSWER: Yes!



CASE SAMPLE

ANSWER: Yes!



Leonides Pengson v. Court of Appeals

G.R. No. L-65622, June 29, 1984

If the owner of certain shares should pledge the same to his creditor, and later said owner sells his shares to a third person, the creditor cannot be compelled to surrender the share certificates to the buyer, and this refusal will not invalidate the sale.

OBLIGATION

Article 1157

SOURCE OF OBLIGATION

1. Law


2. Contracts


3. Quasi-Contracts


4. Crimes or Acts or Omissions Punished by Law


5. Quasi-Delicts

Criticism about the Law


1. Law


2. Contracts

Exclusiveness

The enumeration by the law is exclusive, hence, no obligation exist if its source is not one of those enumerated under Art. 1157.

OBLIGATION

Article 1158

Thank You!

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