IDLC CIVIL CODE

IDLC PROF

Assoc. Prof. Anna Marie H. Bautista, LPT, MCHS

RA 386

CIVIL CODE OF THE PHILIPPINES

• AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

ART THREE

Ignorance of the law excuses no one from compliance therewith

ART ELEVEN

Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

ART NINETEEN

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

CITIZEN TO CITIZEN

PERSON TO PERSON

CRIMINAL CASE

STATE VS. INDIVIDUAL

ART TWENTY

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same

ART TWENTY ONE

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 TWENTY FOUR

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

ART TWENTY SIX

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief

ART TWENTY EIGHT

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

ART THIRTY THREE

In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

ART FIFTY SIX

An obligation is a juridical necessity to give, to do or not to do

JURIDICAL AND LEGAL TIE

binds or connects the parties

CREDITOR OR OBLIGEE

AN ACTIVE SUBJECT

DEBTOR OR OBLIGOR

A PASSIVE SUBJECT

PRESTATION

performance due upon an obligation

ART FIFTY SEVEN

Obligations arise from:

1. Law

2. Contracts

3. Quasi-contracts

4. Acts or omissions punished by law

5. Quasi-delicts

ART FIFTY NINE

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

ART SIXTY THREE

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.

ART SIXTY FOUR

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.

PERSONAL RIGHTS

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

REAL RIGHTS

There is ownership and perfected right

ART SIXTY FIVE

determinate thing - compel the debtor to make the delivery

indeterminate - expense of the debtor

GENERIC

The thing is still in the genus or class or group

SPECIFIC

The thing is delimited and specifically identified from the genus or class or group

ART SIXTY SIX

The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned

ART SIXTY SEVEN

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

ART SIXTY EIGHT

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 SIXTY NINE

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

DELAY

• No demand, no delay

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

RECIPROCAL OBLIGATION

• PARTIES are creditors and debtors at the same time

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

ART SEVENTY

Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages

• fraud: incidental (dolo incidente); causal (dolo causante)

• negligence: culpa contractual; culpa aquiliana (tort)

• delay: mora-begins from the time of demand for the fulfillment of obligation

• contravention: contrary to what is agreen upon

ART SEVENTY ONE

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

ART SEVENTY TWO

Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances

ART SEVENTY THREE

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons,of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.

ART SEVENTY FOUR

Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or 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 SEVENTY NINE

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once

• Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event

SUSPENSIVE CONDITION

The happening of this condition gives rise to an obligation

• makes the obligation demandable

“Mrs Gomez must provide proof that she has resigned as a director by 15 March 2018 or such later date as may be agreed between the parties”

RESOLUTORY CONDITION

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

• EXTINGUISHES THE OIBLIGATION

“In the event Mrs Gomez does not provide proof that she has resigned as a director of ABC Company by 15 March 2018 the contract will be deemed to be cancelled and be of no force or effect.”

ART EIGHTY THREE

Impossible conditions, 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

ART EIGHTY SIX

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

ART NINETY TWO

In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages

ART TWO TWENTY SIX

In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.

ART TWO TWENTY SEVEN

The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him.

ART TWO TWENTY EIGHT

Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded

ART TWO TWENTY NINE

The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous* or unconscionable**

ART TWO THIRTY ONE

Obligations are extinguished by payment or performance, loss of the thing due, etc.

ART TWO THIRTY TWO

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

ART TWO THIRTY THREE

A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be

ART TWO THIRTY FOUR

If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee.

ART TWO THIRTY FIVE

When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with.

ART TWO FORTY

Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it

ART TWO FORTY TWO

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

ART TWO FORTY FOUR

The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due.

ART TWO FORTY SIX

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. Neither can the debtor deliver a thing of inferior quality.

ART TWO FIFTY ONE

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

ART TWO SIXTY TWO

An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.

ART TWO SIXTY THREE

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

ART TWO SIXTY FOUR

The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation.

ART TWO SIXTY FIVE

Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity.