civil code

Republic Act No. 386

The Civil Code of the Philippines is the law that governs people’s rights and duties in private matters (like property, contracts, and obligations).

Art. 3

(Ignorance of the law)Ignorance of the law excuses no one from compliance therewith. (2)

Art. 11.

Customs contrary to law, public order or public policy shall not be tolerated

Art. 19

Every person must exercise his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

When exercising your rights, act fairly, honestly, and justly toward others.

Human Relations

The law covers fairness between people (person-to-person), and between citizens and the state.

CATCH ALL PROVISIONS IN HUMAN RELATIONS

 CITIZEN TO CITIZEN:

• PERSON TO PERSON: MARIA VS. JOSE  JOHN VS. JAMES

 CRIMINAL CASE:

• STATE VS. INDIVIDUAL :PEOPLE OF THE PHILIPPINES VS. JDLC

Art. 20

Every person who, contrary to law, willfully or negligently causes damage shall compensate

Art. 21

Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Art. 24

In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Courts should protect weaker parties (like minors or those with less knowledge or power) in any agreement or relationship.

Art. 26

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.

You must respect others’ dignity, privacy, and peace. Intruding, humiliating, or gossiping about others can be grounds for damages.

Prying

into the privacy of another's residence;

Meddling

with or disturbing the private life or family relations of another

Intriguing

to cause another to be alienated from his friends

Vexing or humiliating

another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition

Art. 28.

Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force,

intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

Unfair business practices using deceit or force can be punished; the harmed person can sue.

Art. 33

In defamation, fraud, or physical injury cases, a civil case can be filed separately from a criminal one.

BOOK IV: Obligations and Contracts

This book of the Civil Code focuses on how obligations and contracts work.

Art. 1156

(Definition of Obligation) An obligation is a juridical necessity to give, to do or not to do.

Requisites/Elements of an obligation:

(1) a juridical or legal tie (binds or connects the parties)

(2) an active subject (creditor or obligee)

(3) a passive subject (debtor or obligor)

(4) a prestation (performance due upon an obligation)

Art. 1157.

Obligations arise from:

(1) Law

(2) Contracts

(3) Quasi-contracts

(4) Acts or omissions punished by law

(5) Quasi-delicts. (1089a)

Art. 1159.

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a)

Art. 1163

Every person obliged to give something is also obliged to take care of it

with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)

Art. 1164.

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. (1095)

PERSONAL RIGHTS

There is right of hope and expectancy that in the future, your rights will be perfected.

You have the right to demand something (not yet yours).

REAL RIGHTS

There is ownership and perfected right.

You own it already after delivery.

Art. 1165

delivery

When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery.

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

GENERIC

General category

The thing is still in the genus or class or group  ex. Granite tile

SPECIFIC

Exact item identified

The thing is delimited and specifically identified from the genus or class or group.  ex. 60mm x 60mm Black Italian Granite tile code no. 123456XYZ

Art. 1166

- giving determinate thing includes delivering all its accessions & accessories even w/o mention

Art. 1167

If a person obliged to do something fails to do it, the same shall be executed at his cost.

This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098)

Art. 1168.

When the obligation consists in not doing, and obligor does the forbidden, it shall also be undone at his expense. (1099a)

Art. 1169

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.

However, the demand by the creditor shall not be necessary in order that delay may exist:

DELAY

 No demand, no delay

 Demand is the creditor's act of requiring the debtor to comply with the obligation. Non-compliance (demand) will cause the debtor to be delayed.

Exceptions to “No Demand, No Delay”
Demand isn’t needed when:

1. When the law or the contract expressly provides it.

2. When the timing of delivery/performance is the controlling motive of the contract. 3. When demand would be useless (e.g., performance already impossible).

Reciprocal Obligations

In mutual contracts, both parties are debtor and creditor. Delay starts when one fulfills their part and the other doesn’t.

 PARTIES are creditors and debtors at the same time;

 OBLIGATIONS arise from one and the same cause;

 PERFORMANCE OF ONE is dependent upon the performance of the obligations.

 THERE IS a DELAY when one of the parties is ready to perform, but the other is not yet ready to perform.

Art. 1170

those guilty of fraud, negligence, delay, contravene of tenor are liable for damages

Basis for Damages

You pay damages if you cause harm through fraud, negligence, delay, or breaking an agreement.

negligence

culpa contractual culpa aquiliana (tort)

delay

mora-begins from the time of demand for the fulfillment of obligation

contravention

contrary to what is agreed upon

Art. 1171.

Responsibility from fraud is demandable in all obligations.

Art. 1172

Responsibility from negligence demandable, but regulated by the courts, according to the circumstances. (1103)

Art. 1173

fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation

- Negligence with bad faith - art 1171 & 2201(2) applied

- if no diligence is to be observed in performance, prudent and responsible person required

Art 1174 

NO PERSON RESPOSIBLE FOR INEVITBLE EVENTS

when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.

Art. 1179

- If an obligation isn’t tied to a condition or unknown event, it is due right away.

- resolutory condition shall also be demandable

SUSPENSIVE CONDITION

 The happening of this condition gives rise to an obligation

 Makes the obligation demandable

RESOLUTORY CONDITION

 There is a pre-existing obligation being performed by the debtor or passive subject;

 The happening of this condition extinguishes the obligation

Pure Obligations

These are immediately demandable; they don’t depend on future events.

 PURE OBLIGATIONS are demandable at once when the obligation falls due;

 dependent upon a past event unknown to both parties

Art. 1183

Impossible conditions, shall annul the obligation

those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

If a condition is impossible, illegal, or immoral, the obligation is canceled.

The condition not to do an impossible thing

shall be considered as not having been agreed upon.

Art. 1186

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (1119)

If the debtor stops the condition from happening on purpose, the condition is still considered fulfilled.

Art. 1192

- breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts - If not determined which first violated the contract, the same shall be deemed extinguished both bear own damages

If both parties break the contract, the one who started it pays less.
If it’s unclear who broke it first, both share the loss.

(Obligations with Penal Clause)

A “penal clause” adds a penalty if the debtor fails to do what was promised.

Art. 1226

The penalty replaces damages or interest if there’s no other agreement.

- Penalty as substitute to indemnity for damages

- Damages shall be paid if obligor refuses to pay penalty or guilty of fraud

- May be enforced when demandable

Art 1227

- Debtor cannot exempt from performance by just paying penalty

- Neither creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time

Art 1228

- proof of damages of creditor not necessary for penalty to demand

The creditor doesn’t need to prove actual damage to claim the penalty.

Art 1229

- Judge reduce the penalty if the principal obligation is partly complied with by the debtor

- May be reduced if iniquitous or unconscionable

The court can lower the penalty if:

• The debtor partly performed, or

• The penalty is too harsh or unfair.

Art. 1231

Obligations are extinguished:

● payment or performance

● the loss of the thing due

● the condonation or remission

● the confusion or merger of the debt; of the rights of creditor and debtor;

● compensation

● By novation (new legal obligation for an old one)

Art. 1232

Payment means not only the delivery of money but also the performance, in any other manner, of an obligation.

Art. 1233.

debt not understood unless completely delivered or rendered

Art 1234

- if obligation performed in good faith the obligor may recover as though there had been a strict and complete fulfillment

Art 1235

when obligee accepts performance knowing incompleteness without protest then obligation is deemed fully complied

Art 1240

Payment shall be made to the person in whose favor the obligation has been constituted

Art 1242

Payment made in good faith to any person in possession of the credit shall release the debtor

Art 1244

- The debtor of a thing cannot compel the creditor to receive a different one

- an act or forbearance cannot be substituted by another act or forbearance against the obligee's will

Art 1246 

When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality or inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration.

- when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter

Art 1251

Payment shall be made in the place designated in the obligation.

Art 1262

- delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor

If the specific item is lost without the debtor’s fault, the obligation ends.

Art 1263

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation

If the item is generic, losing one doesn’t cancel the obligation

Art 1264

Partial loss may end the obligation.

the partial loss of the object of the obligation is so important as to extinguish the obligation.

Art 1265

If the item is lost while with the debtor, it’s presumed his fault — unless he proves otherwise (except for natural disasters).