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2
return
the
fruits
he
received
or
those
which
others
wherein
no
civil
liability
arises
on
the
should
have
been
received,
if
the
thing
part
of
the
offender
either
because
1)
there
are
produces
fruits
no
damages
to
be
compensated
or
2)
there
is
C. If
in
good
faith,
responsible
for
the
impairment
no
private
person
injured
by
the
crime
or
loss
of
the
thing
or
its
accessories
and
accessions
as
he
has
thereby
been
benefitted.
If
*Criminal
liability
will
give
rise
to
civil
liability
only
if
the
he
has
alienated
it,
obliged
to
return
to
the
same
felonious
act
or
omission
results
in
damage
or
price
or
assign
the
action
to
collect
the
sum
injury
to
another
and
is
the
direct
and
proximate
cause
D. Responsibility
of
two
or
more
payees,
when
thereof
there’s
been
payment
of
what
is
not
due,
is
*Damage
or
injury
to
another
is
evidently
the
solidary.
foundation
of
civil
action
Presumption
of
mistake:
if
something
which
had
never
Two
kinds
of
acquittal:
been
due
or
had
already
been
paid
was
delivered,
1. Not
author
of
act
or
omission
–
closes
the
door
recipient
may
prove
that
the
delivery
was
made
out
of
to
civil
liability,
person
who
has
been
found
to
liberality
or
for
any
other
just
cause.
be
not
the
perpetuator
of
any
act
or
omission
cannot
and
can
never
be
held
liable.
Concept
of
in
rem
verso:
action
for
recovery
in
solutio
Rule
III
of
RoC:
Civil
action
based
on
delict
shall
indebiti
be
deemed
extinguished
if
there
is
a
final
Elements:
judgment
in
criminal
action
that
the
act
or
1. Defendant
has
been
enriched
omission
from
which
the
civil
liability
may
arise
2. Plaintiff
has
suffered
a
loss
did
not
exist.
3. Enrichment
is
without
just
or
legal
ground
Sec
2
of
Rule
II
applies
only
to
civil
action
arising
4. Plaintiff
has
no
other
action
based
on
contract,
from
crime
and
not
from
quasi-‐delicts
or
culpa
quasi
contract,
crime
or
quasi
delict
aquiliana—will
not
be
extinguished
by
an
acquittal
Distinctions
between
In
Rem
Verso
and
Solutio
Indebiti:
*An
acquittal
or
conviction
in
criminal
case
is
In
Rem
Verso
Solutio
Indebiti
entirely
irrelevant
in
the
civil
case
based
on
Mistake
not
necessary
Mistake
is
an
essential
quasi-‐delict
or
culpa
aquiliana
element
2. Reasonable
doubt
–
Art.29
of
NCC,
civil
action
Auxiliary
action,
available
for
damages
is
for
the
same
act
or
omission
only
when
there’s
no
other
remedy
Instances
where
acquittal
does
not
extinguish
civil
Art.
22
of
NCC
–
principle
liability:
of
unjust
enrichment
1. Acquittal
is
based
on
reasonable
doubt
as
only
preponderance
of
evidence
is
required.
Other
forms
of
quasi-‐contracts:
2. Court
declares
the
liability
of
the
accused
is
only
• Support
and
funeral
expenses
civil
• Accidents
and
calamities
3. Civil
liability
does
not
arise
from
or
is
not
based
upon
the
crime
of
which
the
accused
is
Obligations
arising
from
Delicts
(Ex
Delicto):
acquitted
Art.
100
of
NCC
–
every
person
criminally
liable
for
a
felony
is
also
civilly
liable.
General
rule:
when
criminal
action
is
instituted,
the
civil
Dual
Character
of
a
crime:
action
for
recovery
of
civil
liability
ex
delicto
is
deemed
1. As
an
offense
against
the
state
because
of
the
instituted
with
the
criminal
action.
disturbance
of
social
order
Exceptions:
2. As
an
offense
against
the
private
person
injured
1. When
offended
party
waives
civil
action
by
the
crime
unless
it
involves
the
crime
of
2. Reserves
his
right
to
institute
it
separately
treason,
rebellion,
espionage,
contempt
and
3
3. Institutes
the
civil
action
prior
to
criminal
action
Negligence
merely
Negligence
is
substantive
incidental
to
already
and
independent
Effect
of
death
of
accused
on
pending
appeal
of
existing
obligation
conviction:
Vinculum
juris
exists
Negligence
itself
creates
1. Criminal
liability
and
civil
liability
arising
from
independently
of
the
the
vinculum
delict
is
extinguished
negligence
2. Civil
liability
arising
from
other
source
of
Not
necessary
to
prove
Burden
of
proof
rests
negligence:
proof
of
upon
the
plaintiff
to
obligation
survives,
should
be
filed
separately
contract
is
sufficient
prove.
prima
facie
Obligations
arising
from
quasi-‐delicts
(Ex
Cuasi
Delicto)
Kinds
of
Obligation
Requisites
for
recovery:
Basis:
from
the
viewpoint
of
their
juridical
quality
1. Damage
suffered
by
plaintiff
and/or
efficaciousness
2. Fault
or
negligence
of
defendant
Civil
obligations
–
based
on
positive
law,
gives
the
right
3. Connection
of
cause
and
effect
between
the
of
action
to
compel
their
performance
fault
or
negligence
of
defendant
and
the
Natural
obligations
–
based
on
equity
and
natural
law,
damage
incurred
by
the
plaintiff.
do
not
grant
the
right
of
action
to
enforce
their
performance
Distinction
between
delicts
and
quasi-‐delicts
• Authorize
retention
of
what
has
been
delivered
Delict
Quasi-‐delict
by
reason
after
voluntary
fulfillment
by
the
Crimes
affect
public
Affect
only
private
obligor.
interest
matters
Penal
Code,
punishes
or
Civil
code
merely
repairs
corrects
the
criminal
act
the
damage
by
*Both
kinds
of
obligations
are
not
enforceable
in
courts,
indemnification
performance
depends
upon
one’s
conscience.
Only
punishes
if
there
is
Broad,
includes
all
acts
in
• In
natural
obligation,
there’s
juridical
tie.
None
penal
law
covering
them
which
any
kind
of
fault
or
in
purely
moral
obligations.
negligence
intervenes
• Juridical
tie
may
be
rendered
ineffective—
prescription
or
statute
of
limitations.
Scope
of
quasi-‐delicts:
• Law
does
not
recognize
any
legal
consequence
1. Covers
acts
or
omissions
criminal
in
character
arising
from
purely
moral
obligation,
but
it
a. May
produce
2
kinds
of
civil
liability
recognizes
certain
legal
effects
out
of
natural
i. Crime
(Art.
100
of
RPC)
obligation:
ii. Quasi-‐Delict
(Art.
2176
of
NCC)
o In
case
of
voluntary
fulfillment,
creditor
2. Damage
to
property
–
no
distinction
between
is
authorized
to
retain
what
has
been
“damage
to
persons”
and
“damage
to
property
delivered
or
reason
thereof
3. Prohibition
against
double
recovery
–
expressly
o To
be
considered
voluntary,
debtor
prohibited
in
NCC
must
have
acted
with
knowledge
that
he
cannot
be
compelled
to
perform
the
*When
an
act
constitutes
a
breach
of
contract
would
obligation
if
it’s
by
reason
of
mistake,
have
itself
constituted
the
source
of
a
quasi-‐delictual
debtor
can
recover
through
solution
liability
and
no
contract
existed
between
the
parties,
indebiti
the
contract
can
be
said
to
have
been
breached
by
tort,
o Natural
obligation
can
be
ratified
and
allowing
rules
on
tort
to
apply.
converted
into
civil
obligations.
o It
can
also
be
guaranteed,
which
in
Culpa
contractual
Culpa
Aquiliana
(ex
result
will
be
ratified
and
converted
into
contractual)
the
same
civil
obligation
Source:
contract
Source:
quasi-‐delict
4
Real
and
personal
obligations
-‐ Performance
done
either
in
poor
manner
or
in
Basis:
view
point
of
the
kind
of
prestation
present
in
an
contravention
of
the
tenor
of
the
obligation
obligation
Compulsion:
creditor
may
not
compel
debtor
to
perform
against
debtor’s
will
–
involuntarily
servitude,
prohibited
under
constitution.
Compulsion
may
amount
Real
obligation
–
obligation
to
give
or
to
deliver,
either:
to
coercion,
penalized
in
RPC.
• Determinate
or
specific
obligation
–
obligation
to
deliver
a
determinate
or
specific
thing
Remedy
in
case
of
non-‐performance:
• Indeterminate
or
generic
obligation
–
obligation
to
-‐ Ask
another
person
to
perform,
cost
charged
deliver
an
indeterminate
or
generic
thing
against
debtor
+
right
to
recover
damages
Personal
obligation
–
obligation
to
do
or
not
to
do,
o If
personal
qualifications
of
the
debtor
either:
is
taken
into
consideration,
this
remedy
• Positive
–
to
do
is
unavailing
• Negative
–
not
to
do
-‐ Only
remedy
is
to
demand
payment
of
damages
*Considered
determinate
when
it
has
been
particularly
from
debtor
designated
or
physically
segregated
for
all
others
of
the
same
class
or
species.
Remedy
in
case
of
poor
performance:
-‐ Demand
undoing
at
the
expense
of
debtor
+
Principal
obligation
(determinate):
to
deliver
the
thing
right
to
avail
remedies
due.
Accessory
obligation:
preserve
the
thing
with
proper
Negative
personal
obligation
–
right
of
the
creditor
is
diligence
of
a
good
father
of
a
family
unless
law
or
not
to
demand
an
act
(forbidden)
but
an
omission.
parties
require
another
standard
of
care,
deliver
fruits
if
Remedies:
creditor
may
demand
undoing
at
the
creditor
is
already
entitled
to
it,
and
to
deliver
expense
of
the
obligor,
right
to
recover
damages.
If
accessions
and
accessories
even
though
not
mentioned.
physically
and
legally
impossible,
only
remedy
is
right
to
recover
damages.
In
case
of
breach,
creditor
has
the
right
to:
-‐ Compel
the
debtor
to
deliver
the
determinate
Remedies
of
creditor
to
protect
and
enforce
his
credit:
thing
due,
with
right
to
recover
damages
-‐ Exhaust
all
the
properties
of
debtor,
subsidiary:
-‐ Rescind
the
obligation
(proper
cases),
with
right
Accion
subragatoria
–
subrogated
to
all
rights
to
recover
damages
and
actions
of
the
debtor,
save
those
inherent
-‐ Right
to
recover
damages,
where
it’s
the
only
in
person
feasible
remedy
Accion
pauliana
–
impugn
all
of
the
acts
which
debtor
may
have
done
to
defraud
him
*Considered
indeterminate
when
it
has
been
designated
merely
by
class
or
genus.
Breach
of
obligations,
causes
of
non-‐performance
may
either
be:
In
case
of
breach,
creditor
has
the
right
to:
Involuntary
–
independent
of
the
will
of
the
parties—
-‐ Compel
the
debtor
to
deliver
the
thing,
with
fortuitous
event
and
force
majeure
right
to
recover
damages
Voluntary
–
arises
from
the
will
of
the
parties—1)
-‐ Ask
another
person
to
deliver
out
the
expense
mora/delay,
2)
dolo
or
fraud,
3)
culpa
or
negligence
and
of
debtor,
with
right
to
recover
damages
4)
contravention
of
the
tenor
of
the
obligation
-‐ Rescind
the
obligation
(in
proper
cases),
with
right
to
recover
damages
Kinds
of
delay/mora:
1. Mora
Solvendi
(Debtor’s
default)
–
delay
in
the
Positive
personal
obligation,
considered
breach
when:
fulfillment
of
obligation,
by
reason
of
a
cause
-‐ Debtor
fails
to
do
the
obligation
imputable
to
debtor,
may
be
of
dolo
or
culpa.
5
Requisites:
2. Debtor
becomes
liable
for
damages.
Payment
of
-‐ Obligation
be
demandable
and
already
interest
shall
be
agreed
upon,
in
absence
of
liquidated
stipulation
–
legal
interest
(6%
per
annum)
-‐ Debtor
delays
performance
3. Debtor
remains
liable
if
thing
was
lost
after
he
has
-‐ Creditor
requires
performance
judicially
and
incurred
delay
even
if
loss
was
not
his
fault
or
by
extrajudicially.
Once
creditor
makes
a
demand,
fortuitous
event.
debtor
incurs
mora.
No
demand
–
no
mora.
2. Mora
Accipiendi
(Creditor’s
default)
–
delay
on
Dolo
or
Fraud
–
deliberate
and
intentional
evasion
of
the
part
of
the
obligee
in
accepting
the
the
normal
fulfillment
of
obligations.
Distinguished
from
performance
of
the
obligation.
culpa
by
presence
of
deliberate
intent.
Requisites:
*Any
waiver
of
an
action
for
future
fraud
is
void.
-‐ Offer
of
performance
by
debtor
(has
required
capacity)
Kinds
of
fraud,
may
be
employed:
-‐ Offer
must
comply
with
prestation
1. During
the
perfection
of
the
contract,
either
dolo
-‐ Creditor
refuses
without
just
cause
causante
or
dolo
incidente
3. Compensation
Morae
(Both
parties’
default)
–
2. Only
during
performance
of
an
already
existing
neither
has
completed
their
part
in
their
obligation,
renders
the
debtor
liable
for
payment
of
reciprocal
obligation
damages
(Article
1170
&
1171)
Mora
Solvendi:
*Mora
may
only
occur
in
obligations
to
give
and
to
do,
Culpa
or
negligence
–
omission
of
diligence
required
by
not
in
obligations
not
to
do.
nature
of
obligation
and
corresponds
with
the
Form
of
demand:
any
form,
provided
that
it
can
be
circumstances
of
the
persons,
of
the
time
and
place.
proven.
Proof
of
demand
will
be
incumbent
upon
the
Failure
to
observe
the
protection
of
the
interests
of
creditor
another
person,
by
reason
other
person
suffers
injury.
Exceptions
to
the
requirement
of
demand,
debtor
may
incur
mora
even
in
absence
in
the
following
Kinds
of
Culpa:
circumstances:
1. Culpa
Aquiliana
(ex
contractual)
–
wrongful
or
1. When
obligation
and
law
expressly
provide
negligent
act
or
omission.
Creates
vindiculum
-‐ If
it
does
not
expressly
add
that,
upon
juris
and
gives
rise
to
obligation
between
two
expiration
thereof,
delay
shall
commence.
persons
not
formally
bound
by
contract.
Mere
expiration
of
period
fixed
by
the
Governed
by
Art.
2176
of
NCC
parties
will
not
cause
delay
2. Culpa
Contractual
–
fault
or
negligence
in
the
2. Designation
of
time
is
a
controlling
motive
for
performance
of
an
obligation
which
already
establishment
of
contract
existed,
increases
the
liability
from
already
-‐ Whether
time
is
of
the
essence,
there
must
existing
obligation.
Governed
by
Art.
1170
–
be
sufficient
manifestation
either
in
1174
of
NCC
contract
or
surrounding
circumstances
of
that
intention.
Culpa
Aquiliana
Culpa
Contractual
3. When
demand
would
be
useless—obligor
has
Source:
Negligence
of
Source:
Negligence
in
the
rendered
it
beyond
his
power
to
perform
tortfeasor
performance
of
a
contractual
obligation
Effects
of
mora
solvendi:
Clearly
established
in
Breach
of
contract,
can
1. No
demand
=
no
mora.
As
long
as
the
obligor
is
not
basis
of
action
be
prosecuted
merely
by
guilty
of
some
omission
violative
of
obligee’s
rights,
proving
existence
of
latter
has
no
cause
of
action.
Prescriptive
period
contract
and
its
breach
does
not
commence
until
demand
is
made
*Culpa
becomes
dolo
when
negligence
shows
bad
faith,
tantamount
to
fraud.
Provisions
on
fraud
also
apply.
6
3. When
nature
of
the
obligation
requires
Casa
Fortuito
or
Fortuitous
event
–
an
extraordinary
assumption
of
risks
event
which
could
not
be
foreseen,
or
though
foreseen,
is
inevitable.
Includes
acts
of
God
and
acts
of
man
Instances
where
law
expressly
provides
for
liability
even
(Force
majeure)
in
cases
of
fortuitous
events:
Rule:
no
person
shall
be
responsible
for
a
fortuitous
1. Obligor
delays
or
promised
to
deliver
the
same
event.
To
exempt,
these
requisites
must
occur:
thing
to
2
or
more
persons
who
do
not
have
the
1. Cause
of
breach
of
obligation
must
be
same
interest
independent
to
the
will
of
the
debtor
2. Possessor
in
bad
faith
in
every
case
2. Event
must
be
unforeseeable
or
unavoidable
3. Common
carrier
negligently
incurs
delay,
3. Event
must
be
such
as
to
render
it
impossible
natural
disaster
shall
not
free
such
carrier
from
for
the
debtor
to
fulfill
his
obligation
in
a
normal
responsibility
manner
4. Borrower
uses
the
thing
for
a
different
purpose
4. Debtor
must
be
free
from
any
participation
in,
from
intended,
delays
return,
receives
the
thing
aggravation
of,
injury
to
the
creditor.
under
appraisal,
lends
it
to
a
third
person,
saves
own
property
instead
of
thing
borrowed
*Burden
of
proving
loss
due
to
fortuitous
event
rests
on
5. Depositary
who
uses
the
thing
without
who
invokes
it.
depositor’s
permission,
delays
return
or
allows
*If
negligence
or
fault
of
obligor
coincided
with
others
to
use
it
occurrence
of
the
fortuitous
event,
it
cannot
shield
the
6. Negotiorum
gestor
undertakes
risky
obligor
from
liability
for
his
negligence.
Whole
transactions,
prefers
own
interest,
fails
to
occurrence
is
humanized
and
removed
from
the
rules
of
return
properly
after
demand
of
owner,
applicable
to
a
fortuitous
event.
assumes
management
in
bad
faith
7. When
obligation
to
deliver
proceeds
from
a
Carnapping
–
does
not
automatically
give
rise
to
a
criminal
offense,
unless
prior
to
its
loss
the
fortuitous
event.
Must
be
proved
and
established
that
it
person
who
should
receive
it
refused
was
an
act
of
God
or
was
done
solely
by
third
party
and
acceptance
without
justification
that
neither
claimant
nor
the
person
alleged
to
be
negligent
has
any
participation.
Dolo
causante
–
causal
fraud
(Art.
1338)
those
*Does
not
foreclose
the
possibility
of
fault
or
deceptions
or
misrepresentations
of
a
serious
character
negligence.
employed
by
one
party
and
without
which
the
other
part
would
not
have
entered
into
contract.
Determines
Robbery
–
like
carnapping,
not
a
fortuitous
event.
The
or
is
the
essential
cause
of
the
consent
unforeseen
event
must
take
place
without
any
concurrence
fault
on
the
debtor’s
part
in
order
to
be
Dolo
incidente
–
Incidental
fraud
(Art.
1344)
not
serious
appreciated
as
a
fortuitous
event.
in
character
and
without
which
the
other
party
would
still
have
entered
into
contract.
Some
particular
or
Tire
blowout
–
may
not
be
considered
a
fortuitous
accident
of
the
obligations.
event.
*defects
in
automobile
or
through
negligence
of
its
Effect:
driver
is
not
a
caso
fortuito
that
would
exempt
the
Dolo
Causante
-‐
nullity
of
the
contract
+
indemnification
carrier
from
liability
for
damages.
of
damages
Dolo
Incidente
–
obliges
the
person
employing
it
to
pay
Exceptions
to
the
foregoing
rule:
obligor
remains
liable
damages
for
breach
by
reason
of
fortuitous
event
in
the
following
instances:
Pure,
Conditional
and
Obligations
with
a
Period
1. When
the
law
expressly
specifies
Basis:
presence
or
absence
of
a
condition
or
term
2. When
otherwise
declared
by
the
parties
(period)
7
Suspensive
condition
(Condition
precendent)
–
• Pure
obligation
–
not
subject
to
any
condition
or
acquisition
of
rights
or
the
existence
of
obligations
is
term
(period)
made
to
depend
upon
the
fulfillment
of
the
condition.
• Conditional
obligation
–
subject
to
a
condition
Condition
fulfilled,
obligation
arises.
• Obligation
with
a
term
or
period
–
effects
are
subjected
in
one
way
or
another
to
the
expiration
of
Pendency:
said
term.
• Obligation
does
not
arise
yet,
cannot
be
demanded
• Debtor
may
recover
what
during
the
same
time
he
Pure:
no
condition
is
placed,
nor
a
day
fixed
for
its
has
paid
by
mistake
compliance
• Creditor
does
not
acquire
a
right
until
the
Effect:
immediately
demandable.
Same
as
1)
obligations
happening
of
the
event
with
a
resolutory
condition
and
2)
obligations
with
a
• Only
an
expectancy
based
upon
the
occurrence
of
resolutory
term
or
period
the
condition
of
which
he
has
the
right
to
protect
by
taking
appropriate
actions.
Condition:
uncertain
event
which
wields
an
influence
on
a
legal
relation.
Every
future
and
uncertain
event
upon
Effects
of
fulfillment:
happening
gives
birth
to
the
right
which
an
obligation/provision
is
made
to
depend.
of
the
creditor
or
to
the
obligation
of
the
debtor
Essential
thing
–
uncertainty.
Retroactivity,
to
give:
Term
–
it
is
sure
to
happen
but
there
is
uncertainty
as
to
• Once
the
suspensive
condition
is
fulfilled,
the
the
date
of
arrival.
effects
of
a
conditional
obligation
to
give
retroact
to
the
day
on
which
the
obligation
was
constituted
–
Kinds
of
Condition:
obligation
is
then
considered
as
if
it
were
pure
and
a) Suspensive
&
Resolutory
simple
from
the
first
day.
S
–
happening
gives
rise
to
an
obligation
R
–
happening
of
which
extinguishes
an
obligation
Reciprocal
prestations:
the
fruits
and
interests
during
b) Potestative,
casual
&
mixed
the
pendency
of
the
condition
are
deemed
to
have
P
–
fulfillment
depends
upon
the
will
of
one
of
the
been
mutually
compensated.
Purpose:
to
avoid
the
parties
to
the
juridical
relation
necessity
of
mutual
accounting
of
the
fruits
and
C
–
fulfillment
depends
exclusively
upon
chance
or
interests
received.
other
factors,
including
the
will
of
third
persons
M
–
mixture
of
P
and
C
Unilateral
obligations
–
the
debtor
owns
all
the
fruits
&
c) Positive
&
Negative
interests
received
up
to
the
day
the
condition
is
P
–
condition
refers
to
an
act
fulfilled,
unless
by
the
nature
&
circumstances
of
the
N
–
condition
refers
to
an
omission
obligation
it
should
be
inferred
that
the
intention
of
the
d) Divisible
&
Indivisible
person
constituting
it
was
different.
D
–
can
be
performed
in
parts
I
–
cannot
be
performed
in
parts
To
do
or
not
to
do:
courts
may
determine
the
e) Conjunctive
&
Disjunctive
retroactive
effect
of
the
condition
that
has
been
C
–
requires
fulfillment
of
all
conditions
complied
with,
including
fixing
the
date
of
such
D
–
requires
fulfillment
of
one
condition
retroactive
effect.
f) Express
&
Implied
E
–
stated
condition
Effect
of
loss,
deterioration
or
improvement
occurring
I
–
merely
inferred
condition
during
the
pendency
of
condition
(if
condition
is
later
g) Possible
&
Impossible
on
fulfilled):
P
–
fulfillment
is
possible
• Lost:
considered
lost
when
it
perishes,
goes
out
of
I
–
fulfillment
is
impossible,
physically
and
legally
commerce
or
it
disappears
and
existence
is
unknown
or
cannot
be
recovered.
Without
the
fault
8
of
debtor—obligation
is
extinguished
(unless
Effect
of
L,
D
or
I
during
pendency
(if
condition
is
later
contrary
stipulation).
Through
the
fault
of
debtor— on
fulfilled):
Art.
1189,
NCC
is
applicable
to
the
creditor;
liable
for
damages
upon
fulfillment
of
condition.
in
that
respect
he
becomes
a
debtor.
• Deteriorated:
without
the
fault
of
debtor—
impairment
is
borne
by
creditor.
Fault
of
debtor— Reciprocal
obligations:
arise
from
the
same
cause
where
creditor
has
options:
1)
rescission
+
indemnity
for
each
party
is
both
creditor
and
debtor
to
one
another,
damages
or
2)
fulfillment
+
indemnity
for
damages
obligation
is
dependent
upon
the
obligation
of
the
• Improved:
without
intervention
of
debtor— other—must
be
performed
simultaneously.
advantageous
to
the
creditor.
At
the
expense
of
the
Right
to
rescind
is
implied,
in
case
one
of
the
obligors
debtor—only
has
usufructuary
rights:
should
not
comply
with
what
is
incumbent
upon
him.
o Not
entitled
to
demand
reimbursement
of
But
it
must
be
invoked
judicially
in
the
absence
of
a
expenses
stipulation
to
the
contrary.
o He
can
remove
improvement
if
it’s
possible
*However,
a
judicial
action
for
rescission
of
contract
is
without
damaging
the
property
not
necessary
where
the
contract
provides
that
it
may
o Off
set
improvements
to
any
damage
he
be
revoked
and
cancelled
for
violation
of
any
terms
and
caused
to
the
property
conditions.
Resolutory
condition
(Condition
subsequent)
–
Alternative
remedies
in
case
of
breach
of
RO:
injured
extinguishment
of
rights
and
obligations
is
dependent
party
has
the
choice:
on
the
fulfillment
of
the
obligation.
Immediately
• Rescission,
payment
for
damages
(cannot
ask
demandable
but
extinguished
upon
the
happening
of
for
performance
of
obligation)
the
condition.
If
the
condition
does
not
take
place,
legal
• Fulfillment
of
obligation,
payment
for
damages
relation
is
consolidated.
(may
still
seek
rescission,
if
it
becomes
impossible
to
fulfill)
Pendency:
• Debtor
has
expectancy
that
the
thing
he
delivered
Right
to
ask
rescission
not
absolute:
to
the
creditor
will
be
returned
to
him
upon
• Cannot
be
demanded
by
injured
party
who
is
not
in
fulfillment
of
the
condition
a
position
to
return
what
he
had
received
(Art
1385,
• Resolutory
condition
for
principal
obligation
par
1,
NCC).
becomes
suspensive
condition
for
the
obligation
to
• No
rescission
when
object
of
contract
is
in
return.
possession
of
a
third
person
that
has
not
acted
in
• Debtor
entitled
to
take
appropriate
actions
to
bad
faith
(Art
1385,
par
2,
NCC)
protect
his
expectancy
(Art.
1188,
NCC)
• Non-‐compliance
by
the
other
is
with
respect
only
to
time—court
will
instead
fix
or
grant
a
period
when
Effects
of
fulfillment:
extinguishment
of
obligation
is
as
there
exists
a
just
cause
(discretionary
power
to
though
it
had
not
existed,
also
results
to
extinguishment
refuse
rescission)
(Art
1191,
par
3,
NCC)
of
rights
already
acquired.
Parties
must
make
mutual
o Discretionary
power
may
not
be
exercised
restitution
of
what
they
received
from
each
other,
when
there
is
refusal
to
perform
including
fruits
and
price
paid
with
its
interest.
This
will
• General
rule:
rescission
not
permitted
for
slight
or
be
absolute:
each
one
must
restore
everything
he
has
casual
breach
of
contract,
only
to
breaches
that
are
received;
an
obligation
that
has
not
existed
could
not
substantial
and
fundamental
as
to
defeat
the
object
have
produced
any
effects.
of
the
parties
making
agreement.
Retroactive
effects
in
to
do
or
not
to
do:
Courts
shall
Prescriptive
period:
from
the
accrual
of
right
of
action,
determine
the
retroactive
effects
of
the
fulfillment
of
o 10
years
for
written
contracts
(Art
1144,
NCC)
resolutory
condition
(Art.
1190,
NCC)
o 6
years
for
verbal
contracts
(Art
1145,
NCC)
9
Effect
of
rescission
under
Art
1191:
SC
applied
effects
of
Impossible
conditions,
effect:
rescission
under
Art
1385
to
rescission
under
Art
1191.
o If
attached
to
simple
or
remuneratory
donation:
Mutual
restitution
is
also
required
for
rescission
under
condition
not
imposed,
simply
disregarded
(Art.
Art
1191.
727,
NCC).
Impossible
condition
shall
not
affect
validity
of
donation.
Both
parties
committed
a
breach,
reciprocal
obligations:
o If
attached
to
testamentary
disposition:
condition
o If
first
infractor
can
be
determined:
he
is
liable
for
not
imposed,
simply
disregarded.
Shall
not
affect
damages,
but
same
shall
be
equitable
tempered
by
the
validity
of
TD
and
shall
in
no
manner
prejudice
courts
(Art
1192,
NCC).
Second
infractor
is
not
liable
the
heir,
even
if
testator
provides
otherwise.
for
damages
at
all—compensated
by
mitigation
of
o If
attached
to
an
obligation
arising
from
contracts:
the
first
infractor’s
liability
for
damages
arising
from
conditions
shall
render
the
obligation
void.
If
earlier
breach.
obligation
is
divisible,
part
that
is
not
affected
by
o If
first
infractor
cannot
be
determined:
obligation
is
impossible
or
unlawful
condition
shall
be
valid.
deemed
extinguished,
each
party
shall
bear
own
damages
(Art
1192,
NCC)
Condition
not
to
do
an
impossible
thing:
considered
not
agreed
upon
or
not
written
because
it
is
useless.
Potestative
condition,
effect:
Obligation
should
be
regarded
as
pure.
(Art
1183,
par
2,
o If
also
suspensive:
NCC)
o Fulfillment
is
dependent
upon
the
sole
will
of
the
debtor—non
demandable,
illusory.
Positive
condition:
certain
event
will
happen
within
a
Such
condition
renders
the
obligation
specific
period—extinguishing
obligation
dependent
dependent
upon
it
void.
(Art
1182,
NCC)
from
the
moment
(Art
1184,
NCC):
o Fulfillment
that
is
dependent
upon
the
sole
o Said
period
lapses
without
the
condition
having
will
of
debtor
relates
to
fulfillment
of
an
been
fulfilled
already
existing
obligation
and
not
to
its
o When
it
becomes
certain
that
event
will
not
inception,
avoided
as
being
contrary
to
law
take
place
even
before
the
said
period
expires
and
public
policy
(Art
1306,
NCC)
leaving
unaffected
the
obligation
itself
Negative
condition:
some
event
will
not
happen
at
a
o If
also
resolutory:
determinate
time—rendering
obligation
effective
from
o Valid,
even
though
the
condition
is
made
to
the
moment
(Art
1185,
NCC):
depend
upon
the
sole
will
of
the
debtor.
o Period
indicated
has
elapsed
o On
part
of
the
creditor:
If
condition
is
made
to
o If
it
has
become
evident
that
event
cannot
depend
upon
the
sole
will
of
the
creditor,
VALID— occur
he
is
interested
in
its
fulfillment
and
will
fulfill
the
same.
Obligations
subject
to
term
or
period:
A
term
or
period,
having
an
influence
on
obligation,
either
suspends
their
Casual
and
mixed
conditions,
effect:
demandableness
or
produces
their
extinguishment.
o Valid
o Mixed
conditions,
as
to
the
part
that
depends
on
Distinction:
Condition
and
Term
the
will
of
the
debtor,
Art
1186
of
NCC
will
be
Condition
Term
applicable—condition
shall
be
deemed
fulfilled
In
their
Uncertain
event
Certain,
must
when
the
obligor
voluntarily
prevents
its
fulfillment.
fulfillment
happen
sooner
or
later
at
a
date
Possible
and
impossible
conditions:
known
Considered
impossible:
Physically
or
legally
beforehand
or
at
a
time
cannot
be
impossible—conditions
that
are
contrary
to
nature,
determined
but
good
customs
or
public
policy
and
those
that
are
must
necessarily
prohibited
by
law.
happen
10
Influence
on
May
cause
Does
not
go
Distinguished
from
suspensive
condition:
obligation
obligation
to
beyond
imposing
Suspensive
Condition
Suspensive
Term
have
or
not
have
limitation
as
to
Affects
very
existence
of
Does
not
affect
the
effects;
cause
or
time
on
obligation,
does
not
arise
existence
of
obligation
but
cease
it
to
exist
production
of
if
condition
is
not
fulfilled
only
the
demandability
obligation;
Except
in
special
In
case
of
L,
D,
I:
before
the
arrival
of
the
period,
Art
agreement,
1189
shall
be
observed
period
does
not
carry
with
it
the
Payment
by
mistake:
anything
paid
or
delivered
before
same
retroactive
the
arrival
of
term
may
be
recovered
with
fruits
and
effects
that
follow
a
interests,
if
obligor
was
unaware
of
the
period
or
condition
believed
that
obligation
had
become
due
and
Will
of
debtor
Fulfillment
left
If
designation
of
demandable
(Art
1195,
NCC)
exclusively
upon
period
is
left
will
of
the
exclusively
upon
Resolutory
term,
effect:
debtor,
same
the
will
of
the
Rule:
demandable
at
once
but
terminated
upon
arrival
renders
the
debtor,
of
the
term
specified
obligation
void
obligation
remains
valid
Distinguished
from
resolutory
condition:
but
empowers
Resolutory
Condition
Resolutory
Term
court
to
fix
Upon
its
happening,
Upon
arrival
of
period,
period
for
its
extinguishes
the
obligation
simply
terminates
the
performance
as
though
it
had
not
obligation
without
existed
annulling
the
fact
of
its
Classifications
of
term/period:
existence.
As
a
rule,
does
Suspensive
or
resolutory:
not
carry
with
it
the
same
o Suspensive
term
(ex
die)
–
must
lapse
before
accompaniment
of
performance
of
obligation
can
be
demanded
retroactive
effects
that
o Resolutory
term
(in
diem)
–
Upon
the
arrival
of
said
follow
a
condition.
date,
obligation
is
terminated.
Definite
or
indefinite:
Benefit
of
term/period
o Definite
–
known
date
or
time
Presumption:
whenever
obligation
is
designated,
it
is
o Indefinite
–
event
which
will
necessarily
happen
but
presumed
to
have
been
established
for
the
benefit
of
date
is
unknown.
(Art
1193,
par
3,
NCC)
If
the
both
creditor
and
debtor.
Importance—creditor
cannot
uncertainty
consists
in
whether
the
day
will
come
or
demand
payment
and
debtor
cannot
make
an
effective
not,
obligation
is
conditional.
(Art
1193,
par
4,
NCC)
tender
and
consignation
of
payment
before
the
Legal,
voluntary
or
judicial:
stipulated
period.
o Legal
–
period
granted
by
law
o Voluntary
–
period
stipulated
by
parties
Presumption
can
be
rebutted:
proof
that
by
tenor
of
the
o Judicial
–
period
allowed
by
courts
obligation
or
other
circumstances
the
term
appears
to
have
been
established
for
the
benefit
of
one
of
the
Suspensive
term/period,
effect:
parties
only.
Rule:
obligation
demandable
upon
the
arrival
of
certain
If
it
appears
for
the
benefit
of
the
creditor
only
–
he
day
fixed
for
its
performance.
(Art
1193,
par
1,
NCC)
may
demand
performance
at
any
time,
even
before
the
arrival
of
term
but
debtor
cannot
compel
him
to
accept
before
period
lapses.
If
it
appears
for
the
benefit
of
the
debtor
only
–
he
may
make
payment
at
any
time
even
before
the
expiration
11
of
the
period
but
he
may
oppose
a
premature
demand
o Benefit
is
preserved
if
debtor
gives
a
new
for
payment.
security
o Reasons
why
creditor
may
not
be
bound
to
receive
o Violation
by
debtor
of
undertaking
payment
before
maturity:
o Must
be
such
that
in
consideration,
creditor
o Payment
of
interests
has
agreed
to
the
period
o Creditor
may
want
to
keep
his
money
o Debtor
attempts
to
abscond
invested
safely
instead
of
having
it
in
his
hands
When
courts
may
fix
period,
on
grounds:
o By
fixing
a
period,
creditor
may
want
to
o Obligation
does
not
fix
a
period
but
the
nature
of
it
protect
himself
against
sudden
decline
in
and
circumstances
warrant
the
interference
that
a
the
purchasing
power
of
the
currency
period
must
have
been
intended
(Art
1197,
par
1,
loaned
specially
at
a
time
where
there
are
NCC)
other
many
factors
that
may
influence
o When
obligation
is
payable
on
demand—
fluctuation
of
currency
without
term,
becomes
due
and
Unless
creditor
consents,
the
debtor
has
no
right
to
demandable
only
upon
demand.
Court
is
accelerate
the
time
of
payment
even
if
the
premature
not
authorized
to
fix
period.
tended
included
an
offer
to
pay
principal
and
interest
in
o When
duration
of
period
depends
upon
the
will
of
full.
the
debtor
(Art
1197,
par
2,
NCC):
Stipulation
of
payment
made
“within”
is
for
the
benefit
o When
debtor
binds
himself
to
pay
“when
of
debtor
only.
Either
1)
payment
made
at
the
end
of
his
means
permit
him
to
do
so,”
obligation
the
term
or
2)
any
time
within
said
term
is
not
conditional
but
deemed
to
be
one
with
a
period—period
shall
be
fixed
by
Instances
where
debtor
loses
benefit
of
term,
court.
(Art
1180,
NCC)
Obligation
is
valid
circumstances
where
debtor
loses
the
right
to
make
use
because
period
does
not
affect
its
existence
of
the
period
(creditor
need
not
wait
for
the
expiration
o Obligation
subject
to
suspensive
condition
but
may
treat
obligation
due
and
demandable,
and
the
fulfillment
depends
upon
the
sole
otherwise
creditor
runs
the
risk
of
debtor
not
being
able
will
of
the
debtor—obligation
is
illusory
and
to
comply
with
obligation):
non-‐demandable.
Such
condition
renders
o Insolvency
of
the
debtor
the
obligation
void.
o Except
when
he
gives
a
security
or
guaranty
o “Little
by
little”
duration
of
period
is
left
to
o Must
occur
after
obligation
has
been
the
sole
will
of
the
debtor.
Court
is
contracted
authorized
to
fix
the
period.
o Insolvency
need
not
be
judicially
declared
o Non-‐compliance
by
one
of
the
parties
in
reciprocal
o Failure
to
furnish
promised
guaranty
or
security
obligations
is
with
respect
to
time,
court
may
fix
or
o Debtor
may
preserve
the
benefit
of
the
grant
a
period
if
there
exists
a
just
cause
(Art
1191,
term
by
giving
the
security
par
3,
NCC
o Impairing
guaranty
or
security
after
its
establishment
by
debtor’s
own
acts
Action
to
fix
term
or
period:
fulfillment
of
the
obligation
o Sufficient
that
guaranty
be
impaired
by
itself
cannot
be
demanded
until
after
the
court
has
debtor’s
own
acts
fixed
the
period
for
compliance
and
such
period
has
o Benefit
is
preserved
if
debtor
gives
new
arrived.
security
*In
exceptional
circumstances,
an
action
combining
o Loss
or
destruction
of
guaranty
or
security
through
action
to
fix
period
and
action
for
specific
performance
fortuitous
event
may
be
allowed
if
it
can
be
shown
that
separation
of
o Required
that
the
guaranty
must
disappear
actions
would
be
a
mere
formality
o Absolute
disappearance
is
not
required.
If
guaranty
deteriorates
that
it
becomes
Period
fixed
is
final:
Once
the
period
has
been
fixed
by
illusory,
it
is
deemed
to
have
disappeared
the
court,
it
becomes
part
of
the
contract
and
cannot
be
12
subsequently
changed
or
extended
by
the
court
without
Effect
of
loss
of
prestation/s:
consent
of
both
parties.
But
parties
may
change
the
Reason
for
loss
Right
of
Choice
Right
of
Choice
period,
as
in
novation.
(Debtor)
(Creditor)
Fortuitous:
all
Obligation
is
Obligation
is
Prescription
of
action
to
fix
period:
not
more
than
10
prestations
are
extinguished
extinguished
years
lost
Fortuitous:
one
Obligation
Obligation
Alternative
and
facultative
obligations
prestation
left
becomes
simple
becomes
simple
Fortuitous:
one
Obligation
still
Obligation
still
Basis:
number
of
prestations
involved
or
some
were
alternative,
alternative,
lost;
several
debtor
may
creditor
may
Simple
(1
prestapon)
Compound
(2
or
more
prestapons)
others
remained
choose
from
choose
from
remaining
remaining
prestation
prestation
Distribupve
(various
Conjuncpve
(demandable
jointly)
prestapons
may
be
demanded)
Debtor’s
fault:
Debtor
may
still
Creditor
may
one
or
some
but
choose
from
the
either:
1)
claim
not
all
were
lost
remaining
any
of
those
Alternapve
subsisting
or
2)
price
of
that
which
Facultapve
disappeared
+
indemnity
for
Alternative
obligations
–
there
are
various
prestations
damages
which
are
due
and
obligation
is
fulfilled
by
the
Debtor’s
fault:
Creditor
entitled
Choice
of
the
performance
of
one
of
them.
Debtor
cannot
compel
all
were
lost
to
recover
the
creditor
shall
fall
creditor
to
receive
part
of
one
and
part
of
the
other
value
of
the
last
upon
the
price
undertaking
(Art
1199,
NCC)
thing
that
of
any
one
of
the
disappeared
+
prestations
*Right
of
choice
pertains
to
the
debtor.
Creditor
may
indemnity
for
which
was
lost
+
exercise
the
right
only
when
expressly
granted
to
him.
damages
indemnity
for
Limitations,
debtor
may
not
choose
prestations
which
damages
are:
Creditor’s
fault:
Debtor
may
No
effect.
o Impossible
one
or
some
but
choose:
Creditor
may
still
not
all
were
lost
1)
perform
or
choose
from
the
o Unlawful
choose
from
remaining
o Could
not
have
been
the
object
of
obligation
remaining
prestations.
If
When
only
one
among
various
prestations
is
prestations
only
one
is
left,
practicable,
debtor
loses
his
right
of
choice.
Obligation
(without
obligation
becomes
simple.
damages)
becomes
simple
2)
rescind
*Choice
becomes
effective
only
from
the
time
it
has
contract
+
been
communicated—becomes
binding
only
when
the
damages
other
gains
knowledge
of
such
choice.
Creditor’s
fault:
Obligation
is
Obligation
No
form
is
required
provided
that
it
is
sufficient
to
make
all
were
lost
extinguished
extinguished
the
other
party
know
that
election
has
been
made.
*Consent
of
the
other
party
not
necessary,
choice
to
Facultative
Obligations
–
only
one
prestation
is
due
but
become
effective
is
a
mere
notice.
the
debtor
has
the
power
to
fulfill
the
obligation
by
Effect:
from
the
time
the
choice
is
communicated,
the
giving
or
rendering
something
else.
obligation
ceases
to
be
alternative
and
becomes
a
simple
obligation.
13
Distinguished
from
Alternative
obligations
obligation
is
solidary
to
prove
such
through
Facultative
Obligations
Alternative
Obligations
preponderance
of
evidence.
Only
one
thing
promised
is
All
things
or
objects
of
the
subject
to
obligation,
but
prestation
are
subject
to
When
solidarity
exists:
Well-‐entrenched
rule
that
not
the
other
which
the
obligation
up
to
the
time
solidary
obligations
cannot
be
inferred
lightly—must
be
debtor
has
reserved
to
the
election
is
made
positively
and
clearly
expressed.
himself
the
right
to
deliver
*A
liability
is
solidary
“only
when
the
obligation
in
lieu
of
the
first
expressly
so
states,
when
law
provides
or
when
nature
Since
only
one
thing
is
The
loss
of
one
produces
a
of
the
obligation
requires.
owing,
the
lost
of
that
deleterious
influence
on
thing
which
may
be
the
obligation
substituted
does
not
Solidary
liability
provided
by
law:
affect
juridical
relations
• Instrument
contains
“I
promise
to
pay”
signed
by
The
choice
to
substitute
Right
of
choice
may
be
two
or
more
persons—deemed
jointly
and
severally
lies
only
with
the
debtor
granted
to
either
debtor
liable.
Language
of
the
instrument
is
ambiguous.
or
creditor
(Art
17(g),
NIL)
• Two
or
more
heirs
take
possession
of
the
estate,
Effect
of
loss
of
substitute:
they
shall
be
solidarily
liable
for
the
loss
or
*Substitution
becomes
effective
only
from
the
time
the
destruction
of
a
thing
devised
or
bequeathed,
even
same
has
been
communicated
to
the
creditor
though
only
one
of
them
should
have
been
If
lost
prior
to
substitution
If
lost
after
substitution
negligent.
(Art
927,
NCC)
At
which
time
the
Obligation
of
the
debtor
is
• All
partners
are
solidarily
liable
with
the
partnership
substitution
is
not
what
is
limited
to
the
for
everything
chargeable
to
the
partnership
for
loss
due,
the
debtor
is
not
performance
of
the
or
injury
caused
to
any
person
by
any
wrongful
act
liable
even
if
L
or
D
is
by
substitute
prestation.
Loss
or
omission
of
any
partner
in
the
ordinary
course
of
his
fault.
(Art
1206,
par
2,
by
his
fault
shall
render
business.
Also
for
the
money
or
property
of
a
third
NCC)
him
liable
for
damages.
If
person
misapplied
by
a
partner
in
the
course
of
loss
by
fortuitous
event
partnership
business.
(Art
1824,
in
rel
to
Art
1823,
and
without
debtor’s
fault
and
prior
to
him
incurring
NCC)
delay,
obligation
is
• Principal
is
solidarily
liable
with
the
agent
even
extinguished
(Art
1262,
when
the
latter
exceeded
his
authority,
if
the
par
1,
NCC)
former
allowed
him
to
act
as
though
he
had
full
powers.
(Art
1911,
NCC)
Joint
and
Solidary
Obligations
• 2
or
more
persons
have
appointed
an
agent
for
common
transaction
or
undertaking,
they
are
Joint
obligation
–
each
debtor
is
liable
only
for
a
solidarily
liable
to
the
agent
for
all
the
proportionate
part
of
the
debt
and
creditor
is
entitled
consequences
of
the
agency.
(Art
1915,
NCC)
to
demand
only
a
proportionate
part
of
the
credit
from
• Commodatum—two
or
more
bailees
are
solidarily
each
debtor.
liable
for
a
thing
loaned
in
same
contract
(Art
1945,
NCC)
Solidary
obligation
–
each
of
the
debtors
is
liable
for
the
• Responsibility
of
two
or
more
officious
managers
entire
obligation
and
each
of
the
creditors
is
entitled
to
shall
be
solidary,
unless
management
was
assumed
demand
the
satisfaction
of
the
whole
obligation
from
to
save
thing
or
business
from
imminent
danger
(Art
any
or
all
of
the
debtors.
2146,
par
2,
NCC)
• Solutio
indebiti—responsibility
or
two
or
more
Presumption
in
favor
of
joint
obligation:
In
the
absence
payee
is
solidary
(Art
2157,
NCC)
of
express
and
indubitable
terms
characterizing
the
• Quasi-‐delict—responsibility
of
two
or
more
persons
obligation
as
solidary,
the
presumption
is
that
the
liable.
(Art
2194,
NCC)
Lessees
or
sublessees
refuse
obligation
is
only
joint;
incumbent
upon
party
alleging
to
vacate
the
leased
property
after
expiration
of
14
lease
period
and
despite
due
demands
by
lessor— Solidary
liability
by
nature
of
obligation:
they
can
be
held
jointly
and
severally
liable
to
pay
• Civil
liability
arising
from
crime
(Art
110,
RPC),
the
for
the
use
of
property—basis
is
not
the
contract
of
obligations
of
two
bailees
(Art
1945,
NCC),
of
two
lease
but
the
fact
that
they
have
become
joint
officious
managers
(Art
2146,
par
2,
NCC)
or
of
two
tortfeasors
tortfeasors
(Art
2194,
NCC)
• Principals,
accomplices
and
accessories
each
within
• When
several
heirs
of
a
deceased
partner
continued
their
respective
class
shall
be
liable
severally
(in
with
the
business
and
management
of
the
solidum)
among
themselves
for
their
quotas
and
partnership
against
the
will
of
the
other
partner,
subsidiarily
for
those
of
other
persons
liable.
the
obligation
of
said
heirs
to
undertake
an
inventory,
render
an
accounting
of
partnership
Solidarity
liability
by
express
stipulation:
assets
and
wind
up
the
partnership
affairs—solidary
• Word
“solidary”
need
not
be
used—it
is
sufficient
by
nature.
that
stipulation
states
for
example,
“each
one
of
the
• Workmen’s
Compensation
Act
–
enacted
to
give
full
debtors
can
be
compelled
to
pay
the
totality
of
the
protection
to
the
employee,
reason
demands
that
debt
or
that
each
one
of
them
is
obligated
for
the
nature
of
obligation
of
employers
to
pay
entire
value
of
obligation
compensation
to
the
heirs
of
their
employee
who
• “Joint
and
severally”
means
the
obligation
is
died
in
line
of
duty,
should
be
solidary
solidary.
The
choice
is
left
to
solidary
creditor
to
determine
against
whom
he
will
enforce
collection.
Joint
obligations
Dismissal
of
the
case
against
one
of
the
signatories
Division
of
joint
credits
or
debts:
specified
in
the
may
not
be
deemed
as
having
discharged
the
others
obligation
when
debtors
specified
their
liabilities
and
from
liability
as
well
creditors
specified
sum
for
each
entitled.
If
obligation
is
o In
this
jurisdiction,
“jointly”
when
used
by
silent,
it
shall
be
presumed
to
be
divided
into
as
many
itself
is
equivalent
to
the
word
equal
parts.
mancomunadamente.
It
is
necessary
to
use
“joint
and
several”
to
convey
Correlativity
of
distinct
credits
and
debts
with
each
solidariamente
(in
solidum)
other:
o Well-‐settled
doctrine—when
it
is
not
• Joint
creditors
unequal,
joint
debtors
also
provided
in
a
judgment
that
the
defendants
unequal—debts
and
credits
divided
can
be
matched
are
liable
to
pay
jointly
and
severally,
none
with
each
other
of
them
are
compelled
to
satisfy
in
full
said
• Number
of
creditors
and
debtors
unequal
or
judgment,
even
if
under
the
contract
it
was
although
equal,
the
credits
to
each
joint
creditor
is
joint
and
several
in
character.
Reason:
after
entitled
and
the
share
of
the
joint
debt
for
each
judgment
has
become
final,
the
court
has
joint
debtor
is
answerable
are
unequal,
each
no
power
to
amend
it
to
convert
a
creditor
may
ask/each
debtor
may
pay
all
in
defendant’s
liability
into
a
solidary
proportion
to
respective
credits
and
debts—may
be
obligation.
subject
to
equal
contingencies
• Juntos
o
separademente
–
creates
the
same
obligation
as
the
phrase
“mancomun
o
insolidium”
Effects
of
joint
obligation
–
most
essential
and
and
“in
solidium”
used
in
a
contract
in
connection
characteristic
effect
of
joint
obligation:
share
of
each
of
with
the
nature
of
the
liability
of
the
parties— the
joint
creditors
or
debtors
in
credit
or
debt
is
distinct
sufficient
to
create
an
individual
(or
solidary)
to
each
other.
(Art
1208,
NCC)
liability
• “Individually
and
collectively”
–
creates
solidary
Extinction
–
Extinction
of
one
does
not
necessarily
liability.
Also,
individually
liable
or
individually
and
affect
the
debts
of
others.
jointly
liable
Delay
–
Delay
on
the
part
of
one
does
not
produce
effects
with
respect
to
others.
If
delay
is
produced
15
through
the
acts
of
only
one
of
joint
creditors,
others
• Beneficial
act:
each
one
of
the
solidary
creditors
cannot
take
advantage.
may
do
whatever
is
beneficial
to
other
solidary
Interruption
of
prescription
–
by
judicial
demand
of
one
creditors.
(Art
1212,
NCC)
Any
solidary
creditor
may
creditor
upon
a
debtor
does
not
benefit
the
other
make
demand,
judicial
or
extrajudicial,
upon
the
creditors
nor
interrupt
the
prescription
as
to
other
debtor
or
debtors
(Art
1214,
NCC)
or
proceed
debtors.
Partial
payment
or
acknowledgement
made
by
against
any
one
or
some
or
all
of
solidary
debtors
one
of
the
joint
debtors
does
not
stop
the
running
of
(Art
1216,
NCC)
statute
of
limitations
as
to
the
others.
o Applies
to
relationship
of
solidary
creditors
Vices
of
each
obligation
–
arising
from
personal
defect
to
solidary
debtors
of
a
particular
debtor
or
creditor,
do
not
affect
the
• Prejudicial
act:
Existence
of
mutual
agency
does
not
validity
of
other.
authorize
each
one
of
the
solidary
creditors
to
do
Insolvency
of
a
debtor
–
does
not
increase
liability
of
anything
which
may
be
prejudicial
to
other
solidary
co-‐debtors,
nor
authorize
a
creditor
to
demand
creditors
(Art
1212,
NCC)
anything
from
his
co-‐creditors.
o Applies
to
relationship
of
solidary
creditors
Defense
of
res
judicata
–
Divisible
joint
obligation:
among
themselves
defense
is
not
extended
from
one
debtor
to
another— o Effect
of
prejudicial
act
to
debtors:
Art
no
debtor
has
more
obligation
than
his
own,
nor
may
1215,
NCC
–
efficacy
to
most
prejudicial
acts
each
creditor
claim
more
right
than
what
respectively
that
a
solidary
creditor
may
execute.
pertains
to
him.
Novation,
compensation,
confusion
or
remission
of
debt
made
by
any
of
the
Solidary
obligations,
kinds:
solidary
creditors
with
any
of
the
solidary
• Active
solidary
–
exists
among
creditors—tie
among
debtors
shall
extinguish
the
obligation.
(Art
several
creditors
of
the
same
obligation:
each
of
1215,
par
1,
NCC)
them
is
creditor
only
as
to
his
share
in
the
o Effect
of
prejudicial
act
to
creditors:
Article
obligation
and
he
represents
all
of
them.
Essential
1212,
NCC
–
none
of
the
solidary
creditors
feature:
existence
of
mutual
agency
or
can
execute
any
act
prejudicial
to
others
representation.
without
the
same
time
incurring
obligation
• Passive
solidarity
–
exists
among
debtors—tie
of
indemnifying
the
latter.
Creditor
who
among
several
debtors:
they
are
bound
to
payment
may
have
made
any
prejudicial
acts
shall
be
of
the
whole
credit.
Essential
feature:
existence
of
liable
to
others
for
the
share
in
the
mutual
guaranty.
obligation
corresponding
to
them.
(Art
• Mixed
solidarity
–
exists
on
the
part
of
both
1215,
par
2,
NCC)
creditors
and
debtors.
Joint
creditors,
solidary
Each
creditor
can
demand
Effect
of
novation
debtors
only
his
share
in
the
Mere
extension
of
time:
given
by
the
creditor
to
a
obligation,
but
each
solidary
debtor,
does
not
release
the
others
from
the
debtor
may
be
compelled
obligation
to
pay
the
entire
In
substitution
of
debtor:
When
novation
consists
in
obligation
to
creditors
substitution
of
the
person
of
the
debtor,
creditor
who
Solidary
creditors,
joint
Creditors
can
demand
the
effects
the
novation
shall
be
liable
to
other
creditors
for
debtor
entirety
of
the
obligation,
the
latter’s
shares
in
the
obligation.
but
each
debtor
can
only
Novation
by
subrogation:
the
creditor
effecting
the
pay
for
his
share
novation
is
likewise
liable
to
the
other
creditors
for
their
share
in
the
credit
since
subrogation
transfers
to
the
Active
solidarity
person
not
in
the
rights
of
the
other
creditors
(Art
1303,
Mutual
agency
or
representation
–
each
one
of
the
NCC),
but
in
his
place—amounts
to
an
assignment
of
his
solidary
creditors
can
claim
or
enforce
the
rights
of
all,
right
which
he
could
not
do
without
the
consent
of
with
resulting
obligation
of
paying
everyone
what
others
(Art
1213,
NCC)
belong
to
him.
As
a
consequence:
16
Partial
remission
–
in
favor
of
a
solidary
debtor,
his
Effect
of
compensation
–
solidary
creditor
whose
character
as
solidary
debtor
continues
with
respect
to
personal
debt
has
been
compensated
by
the
credit
creditors
and
co-‐debtors.
He
can
be
made
to
pay
the
subject
matter
of
the
solidary
obligation
becomes
liable
balance
of
the
obligation
(Art
1219,
NCC)
to
the
other
solidary
co-‐creditors
for
their
share
in
the
credit.
Assignment
of
rights
of
a
solidary
creditor
In
favor
of
stranger
–
solidary
creditor
cannot
assign
his
Effect
of
confusion
–
extinguishment
is
limited
to
rights
without
the
consent
of
others
(Art
1213,
NCC)
If
portion
corresponding
to
creditor
or
debtor
in
whom
made
in
favor
of
a
stranger
considered
invalid
since
it
is
the
two
characters
concur
(Art
1277,
NCC).
The
solidary
prohibited
(Art
5,
NCC)
the
assignee
cannot
be
regarded
creditor
in
whom
the
confusion
took
place
remains
as
a
solidary
creditor—any
payment
made
by
the
liable
to
the
other
solidary
creditors
for
their
share.
debtor
to
such
assignee
would
be
payment
to
a
wrong
person,
may
not
extinguish
obligation.
A
suit
filed
by
Effect
of
remission
such
assignee
cannot
interrupt
prescription.
Entire
obligation
–
has
the
effect
of
extinguishing
the
In
favor
of
co-‐creditor
–
consent
of
other
solidary
entire
obligation
(Art
1215,
par
1,
NCC)
but
solidary
creditors
is
no
longer
necessary
because
assignee
is
one
debtor
who
obtained
the
remission
of
the
whole
as
to
whom
the
confidence
of
others
already
exists.
obligation
is
not
entitled
to
reimbursement
from
co-‐
debtors
(Art
1220,
NCC).
Remission
is
essentially
Effect
of
demand
by
solidary
creditor,
general
rule:
gratuitous.
debtor
may
pay
any
one
of
the
solidary
creditors
(art
• If
effected
by
one
solidary
creditor
–
becomes
1214,
NCC)
liable
to
his
co-‐creditors
for
their
shares
(Art
Effect
of
demand
–
general
rule
does
not
apply
if
any
1215,
par
2,
NCC)
demand
(judicial
or
extrajudicial)
has
been
made
by
one
• If
effected
by
several
but
not
all
–
no
action
of
the
solidary
creditors—payment
should
be
made
to
between
those
who
made
it;
but
all
will
be
him
(Art
1214,
NCC)
If
debtor
pays
to
a
creditor
who
did
liable
for
the
shares
of
the
creditors
who
did
not
make
a
demand,
payment
is
deemed
made
to
a
not
remit.
If
one
is
insolvent,
his
share
shall
be
wrong
person,
in
so
far
as
the
shares
of
the
others
in
made
up
by
the
others
who
concurred
in
the
the
credit
are
concerned.
The
payment
made
to
any
remission
other
creditor
will
not
extinguish
the
obligation
except,
insofar
as
the
payee’s
share
is
concerned.
Full
share
of
a
solidary
debtor
• Effect
as
to
solidary
creditors
–
he
ceases
to
Application
to
mixed
solidarity
–
when
one
creditor
have
any
relation
with
the
creditors,
thereby
makes
a
demand
upon
one
of
the
debtors,
latter
cannot
released
unless
the
continuation
of
his
solidary
pay
to
any
other
creditor
but
the
one
who
made
the
relation
has
been
expressly
reserved.
In
this
demand.
Prohibition
does
not
apply
to
other
debtors
case,
he
will
be
a
surety
for
the
other
debtors.
upon
whom
demand
has
not
been
served—the
may
pay
The
balance
of
the
obligation
may
not
be
to
any
creditor
who
may
not
be
the
one
who
made
the
collected
from
him.
demand.
• Effect
as
to
solidary
debtors
–
Still
bound,
notwithstanding
his
release
with
respect
to
Obligation
of
creditor
who
collects
credit
–
solidary
creditors—if
one
od
the
latter
is
made
to
pay
creditor
who
collects
the
debt
shall
be
liable
to
others
the
share
of
an
insolvent,
the
released
debtor
for
share
in
the
obligation
corresponding
to
them.
will
still
have
to
share
in
the
portion
of
the
Creditor
who
has
collected
the
debt
is
converted
into
a
insolvent.
Same
rule
applies
in
case
the
debt
is
debtor
liable
to
his
co-‐creditors
for
the
share
totally
paid
by
anyone
of
the
solidary
debtors
corresponding
to
each
of
the
latter.
before
remissions
was
effected
(Art
1219,
NCC)
17
Passive
solidarity
o If
payment
is
made
before
debt
is
due,
no
Mutual
guaranty
–
Each
one
of
the
debtors
answers
not
interest
for
the
intervening
period
may
be
only
for
the
portion
affecting
him
but
also
for
the
demanded
(Art
1217,
par
2,
NCC)
portion
pertaining
to
others.
Creditors
may
proceed
o If
payment
is
made
after
obligation
has
against
any
one
of
the
solidary
debtors
or
some
or
all
of
prescribed
or
becomes
illegal,
debtor
who
them
simultaneously.
The
demand
made
against
one
paid
shall
not
be
entitled
to
reimbursement
shall
not
be
an
obstacle
to
those
that
may
subsequently
(Art
1218,
NCC)
be
directed
against
the
others
as
long
as
the
debt
has
not
been
fully
collected.
(Art
1216,
NCC)
Effect
of
insolvency
of
one
of
solidary
debtors:
If
after
payment
has
been
made,
one
debtor
becomes
Solidary
debtor
distinguished
from
surety
–
difference
insolvent,
the
other
debtors,
including
the
debtor
who
lies
in
the
respective
faculties
of
the
solidary
debtors
paid
the
debt
and
seeking
reimbursement
are
and
surety
to
seek
reimbursement
for
the
sums
they
proportionately
liable
for
the
insolvent’s
share.
(Art
paid
out
to
the
creditor.
1217,
par
3,
NCC)
Solidary
debtor
Surety
Art
1217,
NCC:
may
claim
Solidarily
bound
with
the
No
real
case
of
subrogation:
by
paying
entire
obligation,
from
his
co-‐debtors
only
principal
debt
or
to
the
solidary
debtor
does
not
become
a
subrogee
of
the
the
share
which
creditor.
creditor,
because
the
original
obligation
is
extinguished
corresponds
to
each,
with
and
a
new
one
is
created.
The
paying
solidary
co-‐debtor
interest
for
the
payment
does
not
become
a
creditor
as
he
cannot
collect
the
already
made
whole
amount
of
the
loan
from
anyone
but
is
only
Will
not
be
able
to
recover
Surety
who
does
pay
the
entitled
to
claim
from
his
co-‐debtors
the
share
from
co-‐debtors
the
full
creditor
has
the
right
to
pertaining
to
each
with
interest
on
the
amount
amount
already
paid— recover
the
full
amount
right
to
recovery
extends
paid
from
the
principal
advanced.
The
right
of
the
paying
co-‐debtor
to
be
only
to
proportional
share
debtor/s.
reimbursed
is
based
upon
the
payment
made
by
him.
of
co-‐debtors
Right
to
full
Effect
of
loss
of
thing
or
supervening
impossibility
of
reimbursement
fall
within
prestation:
the
other
rights,
actions
Without
fault
of
solidary
Fault
of
any
one
of
them
and
benefits
which
pertain
debtors
or
due
to
fortuitous
event
to
the
surety
by
reason
of
after
a
debtor
has
incurred
the
subsidiary
obligation
delay
assumed
Obligation
is
extinguished
All
shall
be
liable
to
the
(Art
1221,
par
1,
NCC)
creditor
(Price
and
Effect
of
payment
made
by
one
solidary
debtor
payment
of
damages
and
• Extinguishment
of
obligation
–
payment
by
one
interest)
extinguishes
the
obligation
but
if
there
be
two
or
Innocent
debtors
have
a
more
solidary
debtors
offering
to
pay,
the
creditor
right
of
action
to
recover
from
guilty
debtor
(full
may
choose
which
offer
to
accept
(Art
1217,
par
1,
amount
of
indemnity
they
NCC)
paid
to
creditor)
• Right
of
solidary
debtor
who
made
the
payment
–
If
creditor
recovers
from
solidary
debtor
who
pays
the
entire
obligation
may
guilty
debtor,
he
cannot
collect
from
his
co-‐debtors:
share
corresponding
to
get
any
contribution
from
each
+
interest
from
the
time
of
payment
until
his
debtors
(Art
1221,
par
reimbursed
by
co-‐debtors.
(Art
1217,
par
2,
NCC).
In
2,
NCC)
other
words,
the
debtor
who
made
the
payment
becomes
a
creditor
of
his
co-‐debtors
for
the
share
that
corresponded
to
each
of
the
latter
in
the
obligation
extinguished.
Qualifications:
18
Defenses
available
to
every
solidary
debtor:
in
actions
Divisible
and
Indivisible
Obligations
filed
by
a
solidary
creditor
Divisible
obligation
–
object
a
thing
or
an
act
that
in
its
• Defenses
which
arise
from
the
nature
of
the
delivery
or
performance
is
susceptible
of
division.
Basis:
obligation
(Art
1222,
NCC)
–
tend
to
weaken
or
whether
or
not
the
obligation
is
susceptible
of
partial
destroy
the
legal
tie
or
vindiculum
juris.
Constitutes
fulfillment
according
to
the
purpose
of
the
said
a
total
defense
by
which
can
be
availed
by
any
of
obligation.
the
solidary
debtors
as
against
entire
obligation:
Indivisible
obligation
–
does
not
admit
division
or
even
o Contract
is
void
or
inexistent
though
it
does,
neither
the
nature
of
the
contract
nor
o Contract
is
unenforceable—infringes
the
the
intention
of
the
parties
permits
it
to
be
fulfilled
by
Statute
of
Frauds
parts
o Entire
contract
is
voidable—defect
in
capacity
or
consent
of
ALL
the
debtors
Rules
for
determining
divisibility/indivisibility
of
(minority,
insanity,
mistake,
violence,
undue
obligations:
purpose
of
the
obligation
is
the
controlling
influence
or
fraud)
circumstance
o Obligation
already
extinguished
(payment,
• In
obligations
to
give:
remission,
novation,
etc)
o Definite
thing
such
as
animal
or
vehicle
are
o Non-‐fulfillment
of
suspensive
condition
or
indivisible
(Art
1225,
par
1,
NCC)
non-‐arrival
of
the
period
affecting
the
o Even
though
the
object
may
be
physically
entire
obligation
divisible,
an
obligation
is
indivisible
if
so
o Any
other
defense
which
may
invalidate
the
provided
by
law
or
intended
by
the
parties
original
contract
from
which
the
(Art
1225,
par
3,
NCC)
right/action
of
the
creditor
against
the
• In
obligations
to
do:
debtors
arises
(res
judicata,
prescription,
o Generally
indivisible.
Even
though
the
etc)
service
may
be
physically
divisible,
it
is
• Defenses
personal
to
the
debtor
being
sued
or
indivisible
if
provided
by
law
or
intended
by
pertaining
only
to
his
share
(Art
1222,
NCC)
–
the
parties
(Art
1225,
par
3,
NCC)
defenses
include
not
only
those
affecting
the
o Divisible,
when
(Art
1225,
par
2,
NCC):
capacity/consent
of
the
debtor
being
sued,
but
also
§ The
execution
of
a
certain
number
those
referring
particularly
to
his
portion
of
of
days
of
work
obligation
(condition
or
term):
§ The
accomplishment
of
work
by
o Total
defense
–
personal
to
the
debtor
metrical
units
being
sued,
sufficient
causes
to
annul
§ Analogous
things
which
by
their
consent
(minority,
insanity,
fraud,
violence,
nature
are
susceptible
of
partial
or
intimidation)
will
serve
as
a
complete
performance
exemption
of
the
defendant
from
liability
to
o In
obligations
no
to
do,
it
shall
be
the
creditor.
determined
by
the
character
of
the
o Partial
defense
–
forms
of
special
terms
or
prestation
in
each
particular
case
(Art
1225,
conditions
affecting
only
his
part
of
the
par
4,
NCC)
obligation—he
may
invoke
the
same
only
with
respect
to
his
part.
He
can
still
be
sued
Solidarity
and
indivisibility,
rule:
indivisibility
of
an
for
the
portions
not
subject
to
terms
or
obligation
does
not
necessarily
give
rise
to
solidarity
nor
conditions
because
he
is
solidarily
liable.
does
solidarity
of
itself
imply
indivisibility
(Art
1210,
• Defenses
which
belong
to
another
debtor
(Art
1222,
NCC)
NCC)
–
whether
total
or
partial,
personally
belong
to
Reason:
they
are
two
distinct
concepts.
They
differ
in
other
co-‐debtor
who
is
actually
sued,
with
the
origin,
basis
and
in
their
effects:
qualification
that
he
may
avail
himself
only
as
regards
that
part
of
the
debt
for
which
the
debtor
to
whom
the
defense
belongs
is
responsible.
19
Origin
and
basis:
o If
one
of
the
debtors
becomes
insolvent,
Solidarity
Indivisibility
the
others
shall
not
be
liable
for
his
share
Refers
to
the
legal
tie,
Refers
to
the
object
of
the
(Art
1209,
NCC)
vindiculum
juris
that
binds
prestation
(Art
1223,
NCC)
• As
to
creditors:
joint
creditors
are
each
entitled
only
the
parties
(Art
1207,
NCC)
to
his
aliquot
share
(distinct
from
others),
the
Requires
plurality
of
Not
required
collective
action
of
all
the
creditors
is
also
necessary
subjects
(creditors
or
in
order
to
enforce
the
credit.
debtors)
o Debtor
can
extinguish
his
obligation
only
by
Effects:
delivering
the
object
to
all
the
creditors
Solidarity
Indivisibility
jointly,
unless
they
have
authorized
any
one
Each
debtor
answers
for
Plurality
of
subject:
each
of
them
to
receive
the
payment
the
default
of
another
and
debtor
is
liable
for
and
o The
foregoing
principle
applies
even
if
the
for
a
co-‐debtor’s
each
creditor
is
entitle
to
insolvency,
entitling
only
his
aliquot
share— act
executed
by
one
of
the
creditors
is
creditor
to
recover
the
full
each
is
distinct
and
beneficial
to
them,
such
as
interrupting
the
amount
of
such
damages.
separate
from
others
period
of
prescription.
In
case
of
non-‐ o Since
obligation
is
joint
and
credit
is
performance
or
breach
distinct,
there
is
not
mutual
agency—the
where
the
obligation
is
act
of
one
alone
is
ineffective
considering
now
converted
into
that
the
indivisibility
of
the
obligation
indemnity
for
damages,
requires
the
collective
action
to
be
damages
can
only
be
effective.
demanded
from
the
• Effect
of
breach:
obligation
is
converted
into
one
for
debtor
responsible
for
the
payment
of
indemnity
for
damages
from
the
time
breach;
other
debtors
anyone
of
the
debtors
does
not
comply
with
his
ready
to
fulfill
their
parts
undertaking
(Art
1224,
NCC)
shall
not
contribute
to
the
indemnity
beyond
the
o Responsible
debtor
shall
bear
the
liability
corresponding
portion
of
for
all
the
damages
suffered
by
the
creditor;
the
price
of
the
thing
those
who
have
been
ready
to
fulfill
their
promises
shall
not
contribute
to
the
Joint
indivisible
obligations,
concept:
Obligation
is
joint
payment
of
damages—their
liability
is
as
to
parties
but
indivisible
to
compliance.
As
a
rule,
limited
to
their
respective
share
of
the
price
obligation
is
presumed
to
be
joint
in
case
of
plurality
of
of
the
thing
or
value
of
the
service
in
which
subjects
(Art
1207,
NCC).
Presumption
applies
even
if
obligation
consists.
the
obligation
is
indivisible
because
the
indivisibility
of
an
obligation
does
not
necessarily
give
rise
to
solidarity
Obligations
with
a
penal
clause:
one
with
an
accessory
(Art
1210,
NCC)
undertaking
by
virtue
of
which
the
obligor
assumes
a
*Obligation
preserves
its
character
for
being
joint
in
greater
liability
in
case
of
breach
of
the
obligation.
case
of
plurality
of
subjects
notwithstanding
indivisibility,
so
that
credit/debit
is
apportioned
among
Penal
clause
–
accessory
obligation
attached
to
a
several
creditors
or
debtors—each
credit/debit
is
principal
obligation
for
the
purpose
of
insuring
the
considered
distinct
from
one
another
(Art
1208,
NCC)
performance
thereof
by
imposing
on
the
debtor
a
special
prestation
in
case
obligation
is
not
Consequences
of
joint
indivisible
obligations:
fulfilled/irregularly
or
inadequately
fulfilled.
• As
to
debtors:
debt
can
be
enforced
only
by
*intended
to
prevent
the
obligor
from
defaulting
in
the
proceeding
against
all
the
debtors
(Art
1209,
NCC),
performance
of
his
obligation—if
there
should
be
although
they
are
each
liable
only
for
his
part.
default,
penalty
should
be
enforced
o Requires
the
concurrence
of
all
the
debtors,
although
each
for
his
part.
20
Dual
function:
Creditor
may
not
demand
both
the
principal
obligation
1. to
provide
for
liquidated
damages
and
penalty,
general
rule:
creditor
cannot
demand
the
2. to
strengthen
the
coercive
force
of
the
fulfillment
of
the
obligation
and
the
satisfaction
of
the
obligation
by
threat
of
greater
responsibility
in
penalty
at
the
same
time
(Art
1227,
NCC)
the
event
of
breach
• Exception:
may
only
be
entitled
to
both
rights
if
it
has
been
granted
to
him
Penalty
vs
condition:
• If
principal
obligation
becomes
impossible:
If
after
Penalty
Condition
the
creditor
has
decided
to
require
the
fulfillment
of
Constitutes
obligation
Does
not
constitute
the
obligation
the
performance
thereof
should
(accessory)
obligation
become
impossible
without
his
fault,
the
penalty
May
be
demanded
in
case
Can
never
be
demanded
may
be
enforced
of
non
fulfillment
of
to
be
fulfilled
but
whether
• No
need
for
proof
of
actual
damages:
creditor
need
principal
obligation
and
it
happens
or
not,
only
the
not
to
present
proof
of
actual
damages
suffered
by
even
with
it
alone
obligation
which
it
affects
him
in
order
that
the
penalty
may
be
demanded.
may
be
demanded
(Art
1228,
NCC)
o No
difference
between
penalty
and
Penalty
as
substitute
for
damages
and
interest,
general
liquidated
damages.
Primary
purpose
is
to
rule:
penalty
takes
place
of
the
indemnity
for
damages
avoid
the
necessity
of
recovering
the
sum
and
the
payment
of
interest
(Art
1226,
NCC)
stipulated
for
damages.
Exception:
indemnity
for
damages,
in
addition
and
apart
o Obligor
is
bound
to
pay
the
stipulated
from
penalty
stipulated,
may
be
recovered
in
three
amount
without
the
need
for
proof
on
the
cases:
existence
and
on
the
measure
of
damages
• Express
stipulation
to
that
effect
caused
by
the
breach.
• Obligor
having
failed
to
comply
with
the
principal
• When
penalty
may
be
reduced
by
court:
obligation
also
refuses
to
pay
penalty—creditor
is
o Principal
obligation
has
been
party
or
entitled
to
interest
in
the
amount
of
penalty
(Art
irregularly
complied
with
by
the
debtor
2209,
NCC)
o Even
if
there’s
no
performance,
if
the
• Obligor
is
guilty
of
fraud
in
the
fulfillment
of
the
penalty
is
iniquitous
or
unconscionable
obligation
(Art
1226,
NCC)
Effect
of
nullity
(Art
1230,
NCC):
o Proof
of
such
fraud
is
incumbent
upon
the
• Nullity
of
penalty
clause
–
does
not
carry
with
it
that
creditor.
In
case
he
demands
indemnity
+
of
principal
obligation—principal
can
exist
with
the
addition
to
the
penalty
stipulated,
proof
of
accessory
existence
and
amount
of
damages
shall
also
• Nullity
of
principal
obligation
–
carries
with
it
the
correspond
to
him
nullity
of
penalty
clause—accessory
may
not
exist
§ Creditor
may
only
demand
without
the
principal.
difference
of
such
amount
over
amount
of
penalty
stipulated
(he
Extinguishment
of
obligations,
principal
causes:
cannot
recover
both)
1. Payment
or
performance
§ Entitled
only
to
Stipulated
penalty
+
2. Loss
of
the
thing
due
(Stipulated
penalty
–
proven
3. Condonation
or
remission
of
the
debt
damages)
4. Merger
or
confusion
of
rights
5. Compensation
Penalty
may
not
replace
principal
obligation,
general
6. Novation
rule:
penalty
is
not
a
substitute—debtor
cannot
exempt
himself
from
the
performance
of
the
obligation
by
Payment
–
means
not
only
delivery
of
money
but
paying
penalty
(Art
1227,
NCC)
performance,
in
any
other
manner,
of
an
obligation
(Art
• Exception:
When
foregoing
right
is
expressly
1232,
NCC)
reserved
for
the
debtor
(Art
1227,
NCC)
21
Burden
of
proof:
One
who
pleads
payment
has
the
• Creditor
is
not
bound
to
accept
the
payment
burden
of
proving
it.
Even
where
the
plaintiff
must
(Art
1236,
par
1,
NCC)
his
refusal
to
accept
the
allege
non-‐payment,
burden
rests
on
the
defendant
to
payment
is
justified
and
shall
not
authorize
the
prove
payment.
debtor
to
resort
to
consignation
(Art
1257,
par
• Where
the
debtor
introduces
some
evidence
of
2,
NCC)
payment,
the
burden
of
going
forward
with
the
• If
the
creditor
accepts,
the
payment
is
valid
and
evidence
shifts
to
the
creditor—under
the
duty
of
shall
extinguish
debtor’s
obligation
even
if
the
producing
some
evidence
to
show
non-‐payment
payment
was
made
without
the
knowledge
or
against
the
will
of
the
debtor
Requisites:
• Made
without
the
knowledge
or
against
the
will
1. Complete
and
regular
of
the
will
of
the
debtor:
a)
payor
can
recover
a. Refers
to
the
integrity
of
the
payment
from
debtor
only
insofar
as
such
payment
has
b. Completely
delivered
or
rendered
(Art
been
beneficial
to
the
latter
(Art
1236,
par
2,
1233,
NCC)
NCC)
and
b)
payor
is
not
entitled
to
be
c. Creditor
cannot
be
compelled
to
partially
subrogated
to
the
rights
of
the
creditor
(Art
receive
the
presentations
(but
he
may
1237,
NCC)
choose
to
accept)
and
neither
may
debtor
• Made
with
consent
of
debtor:
a)
payor
may
be
required
to
make
partial
payment
unless
demand
from
the
debtor
what
he
has
paid
(Art
there
is
express
stipulation
to
that
effect
1236,
par
2,
NCC)
and
b)
he
can
be
subrogated
(Art
1248,
par
1,
NCC)
to
the
rights
of
the
creditor,
such
as
those
i. Express
stipulation:
partly
arising
from
mortgage,
guaranty
or
penalty
(Art
liquidated,
partly
unliquidated
or
1237,
NCC)
subjected
to
terms
and
conditions
• If
payor
does
not
intend
to
reimburse,
payment
Exceptions
–
Incomplete
or
irregular
payment
may
is
deemed
a
donation
if
done
with
the
consent
extinguish
obligation
in
two
instances:
of
the
debtor.
If
without
consent,
not
a
• Substantial
performance
in
good
faith:
donation
but
still
valid—shall
extinguish
o Debtor
may
recover
as
though
there
had
debtor’s
obligation
but
payor
(if
he
change
his
been
a
strict
and
complete
fulfillment
mind)
may
demand
reimbursement
from
o But
creditor
may
deduct
the
damages
debtor
but
only
insofar
as
such
payment
has
suffered
by
him
(Article
1234,
NCC)
been
beneficial
to
the
latter
(Art
1236,
par
2,
• Waiver:
creditor
waives
(expressly
or
impliedly)
his
NCC)
right
to
insist
on
a
complete
and
regular
performance,
as
when
he
accepts
it,
knowing
the
Reimbursement
Subrogation
incompleteness
or
irregularity
and
without
Covers
only
refund
of
the
Includes
not
only
the
right
expressing
any
protest
or
objection—obligation
is
amount
paid
(Art
1303,
to
reimbursement
but
also
deemed
complied
with
(Art
1235,
NCC)
NCC)
rights
of
action
against
debtor
and
other
third
2. Tendered
by
the
proper
person
persons
whether
they
are
a. Debtor
himself
or
duly
authorized
guarantors
or
mortgagees
(Art
1303,
NCC)
representative
Person
paying
for
another
Person
who
pays
acquires
b. Third
person
who
has
been
authorized
by
only
has
personal
action
to
not
only
right
to
be
the
parties
to
make
payment
(Art
1236,
par
recover
what
he
has
paid
reimbursed
for
what
he
1,
NCC)
without
rights,
power
and
paid
but
also
rights
c. Third
person
who
has
an
interest
in
the
guaranties
attached
to
attached
to
the
obligation
fulfillment
of
the
obligation
(Art
1236,
par1,
original
obligation
originally
contracted
by
NCC)
the
debtor
Effect
of
payment
coming
from
persons
other
than
those
mentioned
above:
22
3. Person
paying
must
have
the
capacity
to
make
oIf,
after
payment,
third
person
acquires
the
payment
creditor’s
rights
a. Effect,
payment
by
incapacitated
person:
o If
creditor
ratifies
the
payment
to
the
third
creditor
cannot
be
compelled
to
accept
it;
person
consignation
will
not
be
proper;
in
case
he
o If
by
creditor’s
conduct,
debtor
has
been
led
accepts,
payment
will
not
be
valid
to
believe
that
the
third
person
had
b. Capacity
(To
give):
must
be
made
by
a
authority
to
receive
payment
person
having
free
disposal
of
the
thing
due
and
capacity
to
alienate
it.
• Payment
made
in
good
faith
to
any
person
in
4. Should
be
made
to
proper
person
possession
of
the
credit
(Art
1242,
NCC)
a. Person
in
whose
favor
the
obligation
has
been
constituted
(or
original
creditor)
Requisites:
b. Successor-‐in-‐interest
(if
credit
is
already
o Payment
is
made
to
a
person
in
possession
transferred)
of
the
credit
c. Person
authorized
by
creditor
or
by
law:
o Payor
acted
in
good
faith,
believing
that
the
guardian,
executor,
administrator
of
estate
person
demanding
the
payment
of
the
debt
of
a
deceased
persons,
assignee
or
or
the
person
in
whose
name
the
payment
liquidator
of
a
partnership
or
corporation
is
demanded,
is
the
true
owner
of
the
**Any
payment
made
to
persons
other
than
mentioned
credit.
above
is
payment
made
to
a
wrong
person.
*Payment
is
required
to
be
made
to
a
possessor
of
the
credit,
not
of
the
document
representing
or
evidencing
Effect,
payment
to
wrong
person:
not
a
valid
payment,
such
credit
debtor
does
not
extinguish
obligation
as
to
creditor
*Possessor
of
the
credit
referred
to
in
Art
1242
of
the
(without
fault
or
negligence),
even
if
debtor
acted
in
NCC
must
be
a
wrong
person
who
is
not
entitled
to
the
good
faith.
If
it
becomes
impossible
to
recover,
any
loss
payment.
shall
be
borne
by
the
deceived
debtor,
who
is
the
only
*Payment
must
be
made
in
good
faith
for
the
debtor
to
one
responsible
for
his
own
acts
unless
there
is
a
be
released
of
his
obligation.
stipulation
to
the
contrary
or
unless
the
creditor
himself
is
responsible
for
the
wrongful
payment.
• Debtor
pays
the
creditor
prior
to
acquiring
Exceptions:
considered
valid
and
shall
extinguish
knowledge
of
the
assignment
of
credit
made
by
the
debtor’s
obligation
if
made
in
any
of
the
following
latter
(Art
1626,
NCC)
situations:
o Debtor’s
consent
not
necessary—law
• Payment
redounded
to
the
benefit
of
the
creditor
requires
assignment
of
credit
not
consent
(Art
1241,
par
2,
NCC)
but
merely
notice
to
him.
o Debtor
has
the
burden
of
proving—debtor
o Creditor
may
validly
assign
his
credit
and
its
committed
the
mistake
and
he
is
the
one
accessories
without
the
debtor’s
consent
interested
in
the
extinguishment
of
the
o Effect
of
payment
made
by
debtor
to
obligation
assignor
prior
to
notice
of
assignment:
even
o Cannot
be
invoked
without
the
conclusive
without
the
debtor’s
consent,
if
the
debtor
proof
of
the
benefit
to
the
creditor,
pays
the
assignor
without
knowledge
of
especially
when
there
is
not
the
slightest
assignment,
payment
is
valid
evidence
that
the
third
person,
to
whom
payment
was
made,
had
any
claim
Effect
of
garnishment:
Payment
made
by
creditor
by
the
whatever
to
the
creditor’s
right
debtor
after
the
latter
has
been
judicially
ordered
to
retain
the
debt
shall
not
be
valid,
(Art
1243,
NCC)
Exception
to
requirement
of
proof:
instances
where
insofar
as
the
party
who
obtained
the
garnishment
is
proof
is
not
necessary
and
payment
is
considered
valid:
concerned.
Debtor
can
be
required
to
pay
again
to
the
23
party
who
secured
the
garnishment
up
the
extent
of
the
• All
notes
and
coins
issued
by
the
BSP
and
amount
of
the
judgment
in
his
favor.
guaranteed
by
the
PH
are
considered
legal
tender
for
all
debts,
public
and
private.
5. Person
to
whom
payment
is
made
must
have
the
• For
coins,
legal
tender
is
limited:
capacity
to
receive
it
o 1-‐piso,
5-‐piso
and
10-‐piso
–
up
to
maximum
a. General
rule:
payment
made
by
an
amount
of
1,000
only
incapacitated
person
is
not
considered
a
o 1-‐sentimo,
5-‐sentimo,
10-‐sentimo,
25-‐
valid
payment
sentimo
–
up
to
maximum
amount
of
100
b. Exception:
only
i. If
he
has
kept
the
thing
delivered
• A
check
is
not
legal
tender
and
an
offer
of
a
check
in
ii. The
payment
has
been
beneficial
to
payment
of
a
debt
is
not
a
valid
tender
of
payment
the
debtor
and
may
be
refused
receipt
by
the
creditor—but
he
has
the
option
and
discretion
of
refusing
or
6. Identity
of
the
prestation
must
be
preserved
accepting
it.
a. Determinate
thing
–
debtor
cannot
compel
• Delivery
of
checks
(promissory
notes
or
other
the
creditor
to
receive
a
different
one,
even
mercantile
documents)
shall
produce
the
effect
of
though
it
is
of
greater
value
than
which
is
payment
only
when:
due.
o They
have
been
encashed
b. Indeterminate
(generic)
thing
–
creditor
o They
have
been
impaired
through
the
fault
cannot
demand
a
thing
of
superior
quality
of
the
creditor
and
debtor
may
not
deliver
a
thing
of
• Sufficiency
of
tender
of
checks:
tender
of
check
may
inferior
quality—should
be
of
average
be
deemed
sufficient
depending
on
the
purpose
for
quality.
Purpose
of
the
obligation
and
other
which
the
check
is
delivered:
circumstances
shall
be
taken
into
o Payment
of
obligation
–
Article
1249
is
consideration.
applicable;
check
is
not
legal
tender
and
c. Obligation
to
do
or
not
to
do
–
an
act
or
creditor
may
validly
refuse
tender
of
forbearance
cannot
be
substituted
by
payment.
another
act
or
forbearance
against
the
o Exercise
of
right
–
Article
1249
is
not
creditor’s
will
(Art
1244,
par
2,
NCC)
applicable;
mere
tender
of
a
check
is
d. Obligation
to
pay
debts
in
money
–
Art
sufficient
to
compel
redemption.
1249,
NCC
should
apply:
i. Payment
should
be
made
in
the
7. Must
be
tendered
in
the
proper
place
currency
stipulated;
otherwise,
o Rule:
tender
of
payment
must
be
made
at
the
creditor
may
validly
refuse
the
proper
place,
otherwise,
the
creditor
may
not
tender
of
payment
be
compelled
to
accept
the
payment.
ii. In
absence
of
such
stipulation,
or
if
o General
rule:
domicile
of
the
debtor.
it
is
not
possible
to
deliver
the
Still
applied
even
if
the
debtor
changes
current
stipulated,
payment
should
his
domicile
in
bad
faith
except
the
be
in
the
currency
which
is
legal
additional
expenses
in
collecting
the
tender
in
PH;
otherwise,
the
credit
shall
be
borne
by
the
debtor
(Art
creditor
may
validly
refuse
the
1251,
NCC)
tender
of
payment.
o Exception:
foregoing
rule
does
not
apply:
Legal
tender
–
currency
which
has
been
made
suitable
§ If
there
is
another
place
of
by
law
for
the
purpose
of
a
tender
in
the
payment
of
payment
designated
in
the
debts.
obligation
§ In
absence
of
agreement
and
when
obligation
is
to
deliver
a
24
determinate
thing,
the
payment
d. Where
the
alienation
of
the
property
was
shall
be
made
wherever
the
by
was
of
security,
and
not
by
way
of
thing
might
be
at
the
moment
satisfying
the
debt,
there
is
no
dacion
en
the
obligation
was
constituted.
pago
e. Requisites:
Rule
on
expenses
related
to
collection:
i. There
must
be
performance
of
the
• Extrajudicial
expenses
–
incurred
in
connection
with
prestation
in
lieu
of
payment
and
as
a
consequence
of
the
normal
and
private
(animo
solvendi)
which
may
consist
payment
or
performance
of
the
obligation
in
the
delivery
of
a
corporeal
thing
o They
are
for
the
account
of
the
debtor
or
a
real
or
a
credit
against
the
third
unless
the
parties
stipulated
otherwise
person
o Debtor
shall
also
be
liable
for
the
additional
ii. There
must
be
some
difference
expenses
that
may
be
incurred
in
collecting
between
the
prestation
due
and
the
credit
if
the
debtor
changes
his
domicile
that
which
is
given
in
substitution
in
bad
faith
or
after
he
has
incurred
in
delay
(aliud
pro
alio)
• Judicial
expenses
–
arise
by
reason
of
the
judicial
iii. There
must
be
an
agreement
proceeding
and
they
shall
be
regulated
by
the
RoC
between
the
creditor
and
debtor
(Art
1247,
NCC)
that
the
obligation
is
immediately
• Expenses
of
consignation
–
expenses
which
are
extinguished
by
reason
of
the
consequences
of
the
consignation
performance
of
a
prestation
o Document
evidencing
the
tender
of
different
from
that
due
payment
f. Effect:
extinguishes
the
obligation
to
the
o Announcement
of
the
consignation
extent
of
the
value
of
the
thing
delivered
o Deposit
and
fee
thereof
either
as
agreed
upon
by
the
parties
by
o Notification
of
such
deposit
agreement
(express
or
implied)
o Withdrawal
of
the
deposit
in
order
that
the
g. Exception:
or
by
their
silence,
consider
the
creditor
may
make
the
collection
thing
as
equivalent
to
the
obligation,
in
o Ordinary
form
–
shall
be
for
the
account
of
which
case
the
obligation
is
totally
the
debtor
extinguished.
§ When
consignation
is
properly
h. Dation
in
payment
does
not
necessarily
made,
such
expenses
are
for
the
mean
total
extinguished
of
the
obligation—
account
of
the
creditor
(Art
1259,
only
when
the
parties,
by
agreement,
NCC)
otherwise,
they
shall
be
borne
express
or
implied,
or
by
their
silence,
by
the
debtor.
consider
the
thing
as
equivalent
to
the
obligation.
Special
forms
of
payment
i. Governed
by
law
on
sales—essential
1. Dation
in
payment
(dacion
en
pago)
elements
of
a
contract
of
sale
(consent,
a. Original
obligation
must
be
to
pay
money,
object
certain,
cause
or
consideration
must
substitute
must
be
property—alienation
of
be
present)
property
to
the
creditor
in
satisfaction
of
a
2. Cession
debt
in
money
a. Governed
by
Art
1245,
NCC
b. Requires
delivery
and
transmission
of
b. Consists
in
the
abandonment
of
the
totality
ownership
of
a
thing
owned
by
the
debtor
of
the
property
of
the
debtor
in
favor
of
the
to
the
creditor
as
an
accepted
equivalent
of
creditors
in
order
that
the
same
may
be
the
performance
of
the
obligation
applied
for
the
satisfaction
of
their
credits
c. No
dation
when
there
is
no
transfer
of
ownership
25
Dation
in
payment
Cession
iv. Cannot
be
presumed
by
a
mere
To
pay
obligation
To
take
possession
inference
from
surrounding
Transfers
the
ownership
Only
the
possession
and
circumstances
over
the
thing
alienated
to
administration
are
v. Mere
sending
of
a
letter
expressing
the
creditor
transferred
to
the
intention
to
pay,
without
the
creditors
accompanying
payment,
is
not
Does
not
require
plurality
Requires
plurality
of
considered
a
valid
tender
of
of
creditors
creditors
payment—statement
of
intention
Does
not
require
the
Presupposes
the
existence
must
be
accompanied
by
an
actual
debtor
to
be
insolvent
of
insolvency
on
the
part
and
simultaneous
tender
of
of
the
debtor
payment
Involves
specific
thing
or
Involves
totality
of
the
property
property
of
the
debtor
May
totally
extinguish
the
Only
releases
the
debtor
Tender
of
payment
Consignation
obligation
resulting
to
the
from
responsibility
for
the
Antecedent
of
Act
of
depositing
the
thing
release
of
the
debtor
net
proceeds
of
the
thing
consignation:
act
due
with
the
court
or
assigned,
unless
there
is
preparatory
to
the
judicial
authorities
stipulation
to
the
contrary
consignation,
which
is
the
whenever
the
creditor
principal,
from
which
are
cannot
accept
or
refuses
3. Tender
of
payment
and
(valid)
consignation
derived
the
immediate
to
accept
payment
consequences
that
the
a. Tender
of
payment
(even
if
valid)
does
not
debtor
desires
or
seeks
to
by
itself
produce
legal
payment,
unless
it
is
obtain.
completed
by
consignation.
May
be
extrajudicial;
Generally
requires
a
prior
i. Must
be
accompanied
by
priority
of
the
first
is
the
tender
of
payment
consignation
in
order
that
the
attempt
to
make
a
private
effects
of
payments
may
be
settlement
before
produced
proceeding
to
the
ii. Effect
or
a
valid
tender
of
payment:
solemnities
of
merely
to
exempt
the
debtor
from
consignation
payment
of
interest
and/or
damages
When
consignation
alone
is
sufficient
(exceptions
from
b. Concept,
tender
of
payment:
definitive
act
tender
of
payment):
of
offering
the
creditor
what
is
due
him
or
1. Creditor
is
absent
her,
together
with
the
demand
that
the
2. Creditor
is
unknown
creditor
accept
the
same.
3. Credit
does
not
appear
at
the
place
of
payment
i. Presupposes
not
only
that
the
4. Creditor
is
incapacitated
to
receive
the
payment
obligor
is
able,
ready
and
willing,
at
the
time
it
is
due
but
more
so,
in
the
act
of
5. Without
just
cause,
creditor
refuses
to
give
a
performing
his
obligation.
receipt
ii. In
obligations
to
pay
in
money
–
6. When
two
or
more
persons
claim
the
same
involves
a
positive
and
right
to
collect
unconditional
act
by
the
obligor
of
7. When
the
title
of
the
obligation
has
been
lost
offering
legal
tender
currency
as
payment
and
demanding
the
latter
Requisites
of
effective
consignation:
accept
the
same
1. There
was
debt
due.
Consignation
requires
the
iii. Under
the
civil
code,
tender
of
existence
of
a
debt
payment
to
be
valid
must
be
a. Consignation
is
inapplicable
in
cases
of
unconditional
right
of
redemption
since
the
right
to
redeem
is
a
right
not
an
obligation.
It
is
26
not
necessary
to
preserve
the
right
to
been
properly
made,
the
debtor
may
no
longer
redeem.
withdraw
the
same
without
the
consent
of
the
creditor.
b. Consignation
had
been
made
because
Retroactive
effect:
consignation
has
retroactive
effect—
the
creditor
to
whom
tender
of
payment
is
deemed
to
have
been
made
at
the
time
of
payment
was
made
refused
to
accept
it
the
deposit
of
the
money
in
court,
or
when
it
was
place
without
justifiable
cause;
or
because
he
at
the
disposal
of
the
judicial
authority.
was
absent
or
incapacitated
(Mora
accipiendi)
Effects
of
consignation:
c. Previous
notice
of
the
consignation
had
If
valid:
been
given
to
the
person
interested
in
• Produces
the
effect
of
payment,
thereby
releasing
the
performance
of
the
obligation.
the
debtor
from
all
responsibility
(Art.
1256,
NCC)
Without
notice,
consignation
as
a
• The
accrual
of
interest
on
the
obligation
is
payment
is
void
suspended
from
the
moment
of
consignation
d. Amount
due
was
placed
at
the
disposal
• Loss
of
the
thing
or
amount
consigned
occurring
of
the
court
without
the
fault
of
the
debtor
before
acceptance
e. After
consignation,
person
interested
of
consignation
by
creditor
or
approval
by
court
was
notified
of
the
action—to
enable
(should
account
for
the
creditor)
the
creditor
to
withdraw
the
goods
or
• Retroactive
effect:
fruits,
products
or
interest
of
the
money
deposited.
It
will
be
unjust
to
thing
consigned
shall
belong
to
the
creditor
from
make
him
suffer
the
risk
for
any
the
moment
the
consignation
was
made
deterioration,
depreciation
or
loss
of
• Expenses
of
consignation
shall
be
charged
against
such
goods
or
money
by
reason
of
lack
the
creditor
(Art
1259,
NCC)
of
knowledge
of
the
consignation
If
invalid:
i. Failure
to
prove
any
of
the
• Obligation
remains;
no
suspension
of
the
accrual
of
requisites
is
enough
ground
to
the
interest
render
a
consignation
• Consignor
shall
bear
the
loss
ineffective
• Expenses
of
consignation
shall
be
for
the
account
of
ii. These
essential
requisites
must
the
debtor
(Art
1259,
NCC)
be
complied
with
fully
and
strictly
in
accordance
with
the
Application
of
payment:
provisions
of
Articles
1256
to
Concept:
process
of
designating
the
debt
to
which
the
1261.
Substantial
compliance
is
payment
made
is
applied,
when
the
debtor
has
not
enough.
different
obligations
in
favor
of
the
same
creditor
*Consignation
is
completed
at
the
time
the
creditor
Requisites:
accepts
the
same
without
objections,
or
if
he
objects,
at
1. Only
one
debtor
and
one
creditor
the
time
the
court
declares
that
it
has
been
validly
2. Between
them,
there
must
be
several
made
in
accordance
with
law.
obligations
*When
the
amount
consigned
does
not
cover
the
entire
3. Various
debts
be
of
the
same
kind
obligation,
the
creditor
may
accept
it,
reserving
his
right
4. All
debts
must
be
due,
except
when:
a)
the
to
the
balance
parties
so
stipulate
or
b)
the
application
is
made
*Before
the
creditor
has
accepted
the
consignation
or
by
the
party
for
whose
benefit
the
term
has
before
a
judicial
declaration
that
the
consignation
has
been
constituted
been
properly
made,
the
debtor
may
withdraw
the
5. Payment
made
is
not
sufficient
to
cover
all
thing
or
the
sum
deposited,
allowing
the
obligation
to
obligations
remain
in
force.
After
the
creditor
has
accepted
the
consignation
or
*Cannot
be
made
applicable
to
a
person
whose
after
a
judicial
declaration
that
the
consignation
has
obligation
as
a
mere
surety
is
both
contingent
and
27
singular;
liability
is
confined
to
such
obligation,
entitled
2. If
debts
due
are
of
the
same
nature
and
burden,
to
have
all
payments
made
applied
exclusively
to
said
the
payment
should
be
applied
to
all
of
them
application
and
to
no
other.
proportionately.
Right
to
make
application
–
primarily
belongs
to
debtor
Onerous
debts:
(merely
directory,
not
mandatory)—right
must
be
1. Guaranteed
debts
are
deemed
to
be
more
exercised
by
the
debtor
at
the
time
of
payment
and
not
onerous
than
those
not
guaranteed,
and
afterwards.
Once
exercised,
it
is
irrevocable
and
debtor
entitled
to
priority
in
the
application
of
the
has
no
more
right
to
change
his
application
of
payment.
debtor’s
payments—debtor
may
be
subjected
*If
debtor
fails
to
exercise
right
at
the
time
of
payment,
to
action
by
creditor
and
guarantor.
Payment
of
it
is
extinguished—application
is
thereafter
governed
by
guaranteed
debt
liberates
the
debtor
from
law,
unless
creditor
determines
the
application
and
his
liability
to
the
creditor
and
guarantor,
while
decision
is
accepted
by
the
obligor.
payment
of
unsecured
obligation
only
*Debtor’s
right
to
apply
payment
can
be
waived
and
discharges
him
from
possible
action
by
only
one
even
granted
to
the
creditor
if
the
debtor
so
agrees.
party,
the
unsecured
creditor.
*Where
debtor
has
not
expressly
elected
any
particular
2. Mortgage
debt
is
more
onerous
than
unsecured
obligation
to
which
the
payment
should
be
applied
at
advances
the
time
of
making
the
payment,
the
creditor
may
make
3. When
there
are
various
debts,
the
oldest
ones
such
application
(Art
1252,
NCC)
are
more
burdensome—payments
should
be
applied
to
them
first
Requisites
for
application
made
by
creditor
to
be
valid
4. Debt
that
bears
interest
is
more
onerous
than
and
lawful:
one
that
does
not
even
if
the
latter
is
older.
1. The
creditor
expresses
such
application
in
the
5. When
a
person
has
two
debts,
one
as
sole
corresponding
receipt
that
he
issued
debtor
and
other
solidary
co-‐debtors,
his
more
2. The
debtor
must
have
assented
to
such
onerous
obligation
is
to
be
applied
to
his
debt
application,
as
shown
by
his
acceptance
of
the
as
sole
debtor.
receipt
without
protest
(debtor
has
the
right
to
object)
Limitations:
*Creditor
depends
upon
the
debtor’s
acquiescence— 1. If
debt
produces
interest,
payment
of
the
debtor
is
not
bound
by
application
of
payments
without
principal
shall
not
be
deemed
to
have
been
his
knowledge
and
consent.
made
until
the
interest
have
been
covered
*Once
the
debtor
accepted
without
any
protest
the
(mandatory,
creditor
may
choose
to
waive)
(Art
receipt
in
which
the
creditor
specified
expressly
and
1253,
NCC)
unmistakably
the
obligation
to
which
such
payment
was
a. Art
1253
only
applies
in
the
absence
of
to
be
applied,
such
acquiescence
is
equivalent
to
an
verbal
or
written
agreement.
Merely
agreement
and
has
the
force
and
efficacy
of
contract— directory,
not
mandatory.
Application
debtor
can
no
longer
contest
the
application
made
nor
of
accrued
interest
must
be
deemed
to
demand
that
the
payment
be
applied
to
another
debt,
have
been
agreed
upon
by
parties,
unless
there
is
a
cause
for
invalidating
the
contract.
same
cannot
now
be
changed
without
the
consent
of
the
debtor.
Application
of
payment
pursuant
to
provisions
of
law:
2. If
a
partner
authorized
to
manage
collects
a
Neither
the
debtor
nor
the
creditor
has
specified
to
demandable
sum,
which
was
owed
to
him
in
his
which
the
several
debts
the
payment
should
be
applied
own
name,
from
a
person
who
owed
the
or
if
application
cannot
be
inferred
from
other
partnership
another
demandable
sum,
the
sum
circumstance,
following
rules
should
be
applied:
collected
shall
be
applied
to
the
two
credits
in
1. Payment
should
be
applied
first
to
the
debt
proportion
even
though
he
may
have
given
a
which
is
most
onerous
to
the
debtor
receipt
for
his
own
credit
only;
but
should
he
have
given
it
for
the
account
of
the
partnership
28
credit,
amount
shall
be
fully
applied
to
the
obligation
is
not
extinguished
but
converted
latter
(Art
1792,
NCC)
into
payment
of
indemnity
for
damages
o Loss
occurs
before
the
debtor
has
incurred
Loss
of
the
thing
due
and
impossibility
of
performance
in
delay,
otherwise
obligation
is
not
• In
real
obligations
(to
give)
extinguished
but
converted
into
payment
of
o A
thing
is
considered
lost
when
indemnity
for
damages
§ It
perishes
o Debtor
must
not
have
obligated
himself
to
§ Goes
out
of
commerce
deliver
the
same
thing
to
2
or
more
persons
§ Disappears
in
such
a
way
that
its
who
do
not
have
the
same
interest,
existence
is
unknown
or
cannot
be
otherwise
he
shall
be
responsible
for
the
recovered
loss
of
the
thing
by
reason
of
fortuitous
§ Loss
or
destruction
must
be
total
event
until
he
has
effected
the
delivery
(Art
o In
case
of
partial
loss,
court
shall
determine
1165,
par
3,
NCC)
whether
the
same,
under
the
• Rule:
unless
there
is
proof
to
the
contrary,
it
is
circumstances,
is
so
important
as
to
presumed
that
loss
was
due
to
the
fault
of
debtor
extinguish
the
obligation
(Art
1264,
NCC)
whenever
the
thing
is
lost
in
his
possession
(Art
§ If
the
portion
that
was
lost
is
of
1265,
NCC)
such
important
in
relation
to
the
• Exception:
rule
does
not
apply
in
case
of
whole
obligation,
it
will
be
earthquake,
flood,
storm,
or
other
natural
calamity.
considered
extinguished
• Debtor
is
liable
for
loss
cause
by
fortuitous
event
o Not
applicable
to
generic
obligations
–
only
when:
a
determinate
or
specific
obligation
may
be
o When
law
expressly
provides
extinguished
through
loss
of
the
thing
due,
o When
parties
stipulate
the
contrary,
hence,
not
indeterminate
or
generic
obligation.
it
is
lawful
for
parties
to
stipulate
that
the
o In
obligation
to
deliver
a
generic
thing
–
loss
debtor
shall
still
be
responsible
even
for
of
anything
of
the
same
kind
even
without
fortuitous
event
the
debtor’s
fault
and
before
incurring
o When
nature
of
obligation
requires
delay
will
not
extinguish
obligation—genus
assumption
of
risk
(Art
1263,
par
2,
NCC)
of
a
thing
can
never
perish
(Genus
• When
obligation
to
deliver
a
determinate
thing
nunquam
perit)
arise
from
a
crime
(ex
delicto)
–
loss
of
the
thing
§ Does
not
apply
to
“delimited”
due
does
not
extinguish
the
obligation,
including
generic
obligations—when
the
fortuitous
event—obligor
remains
liable
to
pay
for
same
embraces
the
genus,
limiting
the
value
of
the
thing
lost.
the
object
of
the
obligation
to
a
• Exception:
When
prior
to
loss,
debtor
offered
to
specified
group
determined
by
return
the
thing
to
the
person
but
latter
refused
to
special
qualities—if
the
loss
accept
without
any
justification—obligation
is
includes
the
things
covered
by
the
extinguished
upon
loss
of
thing,
no
need
for
debtor
genus
already
limited,
it
will
to
resort
to
consignation
because
mode
of
produce
the
extinguishment
of
this
extinguishment
is
not
payment
but
loss
of
the
thing
class
of
obligation
due.
• Requisites:
exempts
debtor
from
further
liability
• In
positive
personal
obligations
(Obligations
to
do)
–
o Obligation
consists
of
delivering
a
also
covers
loss
of
object
for
obligations
to
do.
For
determinate
thing
latter,
the
debtor
may
be
released
from
o Loss
must
be
posterior
to
the
constitution
responsibility
by
reason
of
loss
in
the
following
of
the
obligation
cases:
o Loss
must
have
occurred
without
the
fault
o When
prestation
becomes
legally
or
of
the
debtor.
If
debtor
intervenes,
physically
impossible
without
fault
of
the
debtor
(Art
1266,
NCC)
29
o Service
has
become
so
difficult
as
to
be
o Dation
in
payment
when
creditor
manifestly
beyond
the
contemplation
of
the
receives
a
thing
different
from
parties
stipulated
§ Court
may
release
obligor
from
his
o Novation
when
object
or
principal
obligation,
either
wholly
or
partially
conditions
should
be
changed
depending
on
the
circumstances
o Compromise
when
matter
renounced
is
and
intention
of
the
parties.
in
litigation
or
dispute
and
in
exchange
• Article
1266,
NCC
is
applicable
only
to
obligations
of
some
concession
which
creditor
“to
do,”
which
include
all
kinds
of
work
or
service.
receives
Paying
of
rental
is
considered
“to
give,”
not
covered
• Requisites
for
valid
condonation
or
remission:
in
Article
1266.
o Must
be
gratuitous
(Art
1270,
NCC)
• Doctrine
of
unforeseen
events
(Article
1267)
–
not
o Must
be
demandable
at
the
time
of
the
absolute
application
of
rebus
sic
stantibus
(which
remission
would
endanger
the
security
of
contractual
o Must
be
accepted
by
the
obligor
relations)—parties
stipulate
in
the
light
of
certain
o Must
not
amount
to
an
inofficious
prevailing
conditions,
and
once
these
conditions
donation
(contrary
to
natural
duty)
cease
to
exist
the
contract
also
ceases
to
exist.
o Must
be
made
expressly,
must
comply
o The
contract
must
be
presumed
to
have
with
the
forms
of
donation
assumed
the
risks
of
unfavorable
• If
it
becomes
a
legacy,
must
be
embodied
in
the
developments—only
in
absolutely
last
will
and
testament:
obligation
remitted
exceptional
changes
of
circumstances
that
forms
part
of
the
estate
of
the
creditor
upon
his
equity
demands
the
assistance
for
the
death.
If
it
turns
out
to
be
inofficious,
it
may
be
debtor
reduced
(Art
1270
in
relation
to
Art
752,
NCC)
• Remedy
of
creditor
(if
loss
is
fault
of
third
person):
o Considered
inofficious
if
it
impairs
the
as
long
as
the
obligation
was
without
fault
of
debtor
legitime
of
the
compulsory
heirs
(Art.
prior
to
him
incurring
delay,
his
obligation
is
752,
NCC)
extinguished
(Art
1262,
par
1
and
1266,
NCC)
• Forms:
may
be
made
expressly
or
impliedly:
o Creditor
acquires
all
the
rights
of
action
o Expressly
–
must
comply
with
forms
of
which
the
debtor
may
have
against
third
donation.
If
not
followed,
it
is
invalid.
person
by
reason
of
loss
(Art
1269,
NCC)
§ If
it
involves
real
property,
remission
and
acceptance
must
Condonation
or
remission
of
debt
–
an
act
of
liberality
be
made
in
a
public
instrument,
which
the
oblige
who
receives
no
price
or
equivalent
otherwise,
void
thereof,
renounces
the
enforcement
of
obligation,
§ If
it
involves
personal
property
which
is
extinguished
in
its
entirety
or
in
part/aspect
of
and
exceeds
5,000,
both
the
same
which
the
remission
refers
remission
and
acceptance
must
• Consented
and
accepted
by
debtor:
Requires
be
in
writing,
otherwise,
void.
If
the
acceptance
of
the
obligor
(Art
1270,
NCC),
it
does
not
exceed
5,000,
without
it
remission
is
not
valid.
remission
and
acceptance
may
• A
unilateral
renunciation
of
credit
by
creditor,
be
done
orally.
without
the
consent
of
debtor
does
not
(by
o Impliedly:
does
not
require
any
form,
itself)
extinguishes
the
latter’s
obligation—it
but
acceptance
by
debtor
must
also
be
may
be
possibly
extinguished
through
shown,
though
impliedly,
because
prescription.
reason
for
requiring
acceptance
is
• Essential
characteristic:
gratuitous,
no
fundamental.
equivalent
received
for
the
benefit
given.
Once
• Presumption
of
remission/condonation:
equivalent
exists,
the
nature
of
the
act
changes:
o Debtor’s
possession
of
a
private
document
proving
a
debt
creates
the
30
presumption
that
the
creditor
delivered
• Exists
when
characters
of
creditor
and
debtor
are
it
voluntary,
unless
contrary
is
proven
merged
into
one
person
(Art
1275,
NCC)
(Art
1272,
NCC)
• Renders
impossible
the
enforcement
of
obligation
o Delivery
by
the
creditor
of
private
since
it
is
absurd
that
a
person
should
enforce
an
document
implies
the
renunciation
of
obligation
against
himself—obligation
is
action
which
the
creditor
had
for
the
extinguished.
recovery
of
his
credit
(Art
1271,
NCC)—
tacit
renunciation
of
debt
may
be
Requisites:
presumed
in
the
absence
of
proof
that
• Must
take
place
in
the
person
of
the
principal
delivery
is
for
some
other
reason
than
a
creditor
and
principal
debtor.
If
the
merger
involves
gratuitous
waiver
of
debt
and
complete
the
creditor
and
the
guarantor,
the
obligation
is
not
extinction
of
obligation
to
pay
(Art
extinguished.
(Art
1276,
NCC)
1271,
NCC)
o Any
merger
involving
persons
of
principal
o For
foregoing
presumption
to
apply,
it’s
creditor
and
debtor
will
also
release
the
necessary
that:
guarantors
since
accessory
obligation
§ Document
is
a
private
one
cannot
exist
without
the
principal
obligation
§ Evidence
of
credit
o When
merger
takes
place
in
the
person
of
the
guarantor,
accessory
obligation
is
Remission
of
accessory
obligation,
effect
–does
not
extinguished
but
principal
obligation
affect
principal
debt
(Art
1273,
NCC).
Remission
of
continues
principal
debt
extinguishes
accessory
obligation.
• Must
be
complete
and
definite
because
if
not
complete
the
obligation
still
subsists
Pledge
–
real
contract,
perfected
only
by
the
delivery
of
the
thing
pledged
to
the
creditor-‐pledgee
(Art
1316,
In
joint
obligation
–
Confusion
does
not
extinguish
a
2093,
NCC)
joint
obligation
since
credits
and
debts
in
joint
o After
its
delivery,
when
thing
pledged
is
obligation
are
considered
distinct
from
each
other,
found
in
the
possession
of
the
debtor
or
except
as
regards
the
share
corresponding
to
the
third
person,
it
creates
the
presumption
creditor
and
debtor
in
whom
the
two
characters
concur
that
the
accessory
obligation
of
pledge
has
(Art
1277,
NCC)
been
remitted
(paid/extinguished).
(Art
1274,
NCC)
In
solidary
obligation
–
Article
1215,
NCC
expressly
o If
thing
pledged
is
returned
by
pledgee
to
provides
that
confusion
has
the
effect
of
extinguishing
pledger,
pledge
is
extinguished
and
any
the
obligation.
stipulation
to
the
contrary
is
void.
(Art
2110,
NCC)
Compensation
–
mode
of
extinguishing
to
the
o If
subsequent
to
the
perfection,
thing
is
in
concurrent
amounts
the
obligations
of
persons
who,
in
possession
of
the
pledger,
there
is
prima
their
own
right
and
as
principals,
are
reciprocally
facie
presumption
that
it
has
been
returned
creditors
and
debtors
of
each
other.
(Must
consist
of
at
by
pledgee.
least
2
obligations
that
will
be
weighed)
o Presumption
also
exists
if
thing
pledges
is
with
a
third
person
who
has
received
it
Kinds:
from
the
pledger
or
owner
after
the
• Legal
–
ipso
jure,
when
all
the
requisites
of
law
are
constitution
of
the
pledge
(Art
2110,
par
2,
present
(no
need
for
consent
of
parties)
NCC)
• Conventional
or
voluntary
–
occurs
when
both
parties
agree
to
the
mutual
extinguishment
of
their
Confusion
or
merger
of
rights
–
meeting
in
one
person
credits
or
to
compensate
their
mutual
obligations
of
the
qualities
of
the
creditor
and
debtor
with
respect
even
in
the
absence
of
some
legal
requisites
(no
to
the
same
obligation.
requisites
needed)
31
• Judicial
–
takes
place
when
court
allows
the
set
off
5. Over
neither
of
them
there
be
any
retention
or
or
counterclaim
of
the
defendant
as
against
the
controversy,
commenced
by
third
persons
and
claim
of
the
plaintiff.
communicated
in
due
time
to
the
debtor.
• Facultative
–
right
to
interpose
compensation
a. “In
due
time”
should
meant
the
period
belongs
only
to
one
of
the
parties.
before
legal
compensation
was
supposed
to
take
place,
considering
that
it
operates
so
Minimum
requirement:
whatever
kind
of
compensation
long
as
the
requisites
concur
even
without
involved,
there
must
be
confluence
of
characters
of
the
conscious
intent
on
the
part
of
the
mutual
debtors
and
creditors—their
rights
as
such
parties
creditors,
or
their
obligations
as
such
debtors,
need
not
b. Controversy
communicated
to
the
parties
spring
from
one
and
same
contract/transaction.
after
that
time
may
no
longer
undo
the
compensation
that
had
taken
place
by
force
Legal
compensation
(operation
of
law),
requisites:
of
law
1. Parties
must
be
mutually
creditors
and
debtors
of
Effect
of
legal
compensation
–
when
all
requisites
are
each
other
in
their
own
right
present,
compensation
takes
effect
by
operation
of
law
a. Must
show
that
rights
and
obligations
and
extinguished
both
debts
to
the
concurrent
amount,
properly
pertain
or
belong
to
the
parties
even
though
the
creditor
and
debtors
are
not
aware
of
themselves
the
compensation
(Art
1290,
NCC)
2. Parties
must
be
bound
principally
• It
operates
even
against
the
will
of
the
interested
a. There
can
be
no
compensation
when
one
parties
and
even
without
the
consent
of
them.
Ipso
party
is
a
principal
creditor
in
one
obligation
jure—its
effects
arise
in
the
very
day
on
which
all
its
but
is
only
a
guarantor
in
the
other.
requisites
concur
b. Exception:
guarantor
may
set
up
• When
used
as
a
defense,
it
retroacts
to
the
date
compensation
as
what
the
creditor
may
when
its
requisites
are
fulfilled.
owe
the
principal
debtor
(Art
1280,
NCC)
c. Guarantor
may
set
up
credits
which
Conventional
or
voluntary
compensation
–
when
personally
belong
to
him
(Article
1278,
parties,
who
are
mutually
creditors
and
debtors
agree
general
rule
of
compensation)
and
credits
to
compensate
their
respective
obligations,
even
which
belong
to
his
principal
(Article
1280,
though
not
all
requisites
for
legal
compensation
are
Virtue
of
the
exception)
present.
The
parties
may
agree
upon
the
compensation
3. Both
debts
consist
in
sum
of
money,
or
if
of
debts
that
are
not
yet
due.
consumable,
be
of
the
same
kind,
and
also
same
quality
if
the
latter
has
been
stated.
(Art
1279,
NCC)
Requirements
of
conventional
compensation:
4. Both
debts
must
be
due,
liquidated
and
• That
each
of
the
parties
can
dispose
credit
he
demandable
seeks
to
compensate
a. Compensation
is
not
proper
where
the
• That
they
agree
to
the
mutual
extinguishment
claim
of
the
person
asserting
the
set-‐off
of
their
credits
against
the
other
is
not
clear
not
liquidated
b. Compensation
cannot
extend
to
Debts
that
may
not
be
subject
of
compensation
unliquidated,
disputed
claim
existing
from
(compensation
is
not
proper):
breach
of
contract
1. When
one
of
the
debts
arises
from
a
depositum
c. If
obligation
is
payable
on
demand
and
2. When
one
of
the
debts
arises
from
the
obligations
there
has
been
no
demand
made,
it
follows
of
a
depositary
or
of
a
bailee
in
commodatum
that
the
obligation
is
not
yet
due—may
not
3. When
one
of
the
debts
arises
from
a
claim
for
be
subject
to
compensation
for
lack
of
a
support
due
by
gratuitous
title
(Art
1287,
NCC)
requisite
under
the
law.
4. When
one
of
the
debts
consists
in
civil
liability
arising
from
a
penal
offense
(Art
1288,
NCC)
32
5. When
one
of
the
debts
consists
in
the
claim
of
assignee
the
compensation
which
would
pertain
to
government
for
payment
of
taxes.
him
against
the
assignor,
UNLESS
the
debtor
has
notified
the
assignor
at
the
time
that
he
gave
his
*Taxes
cannot
be
subject
to
compensation— consent
that
he
was
reserving
his
right
to
the
government
and
taxpayer
are
not
creditors
and
debtors
compensation
(Art
1285,
par
1,
NCC)
of
each
other:
• Assignment
was
made
with
the
debtor’s
knowledge
• Debts
are
due
to
the
government
in
its
but
without
his
consent
–
he
may
set
up
the
corporate
capacity
compensation
of
debts
existing
previous
to
the
• Taxes
are
due
to
the
government
in
its
assignment,
but
not
of
subsequent
ones
(Art
1285,
sovereign
capacity
par
2,
NCC)
• Assignment
was
made
without
the
knowledge
of
Debts
that
may
be
subject
of
compensation:
the
debtor
–
he
may
set
up
the
compensation
of
all
• When
one
of
the
debts
is
in
the
form
of
ordinary
credits
existing
prior
to,
or
even
after,
the
bank
deposit—legal
compensation
may
take
place
assignment,
until
he
had
knowledge
of
the
when
all
the
requisites
mentioned
in
Art
1279,
NCC
assignment.
(Art
1285,
par
3,
NCC)
are
present
• When
one
or
both
are
rescissible
or
voidable,
they
may
be
compensated
against
each
other
before
they
are
judicially
rescinded
or
avoided—
obligations
are
valid
and
binding
at
that
time.
Assignment
of
credit
–
defined
as
an
assignment
of
credit
has
been
defined
as
an
agreement
by
virtue
of
which
the
owner
of
a
credit
(assignor)
by
a
legal
cause
and
without
need
of
the
debtor’s
consent,
transfers
that
credit
and
its
accessory
rights
to
another
(assignee),
who
acquires
power
to
enforce
it,
to
the
same
extent
as
the
assignor
could
have
enforced
it
against
the
debtor.
• Law
requires
mere
notice,
not
consent
of
the
debtor—creditor
may
validly
assign
his
credit
and
its
accessories
without
the
debtor’s
consent.
• Purpose
of
notice:
inform
the
debtor
that
from
the
date
of
the
assignment,
payment
should
be
made
to
the
assignee
and
not
to
the
original
creditor.
Effect
if
assignment
is
made
after
requisites
of
compensation
had
taken
place
–
any
assignment
of
credit
that
will
be
made
thereafter
will
no
longer
affect
the
debtor
since
his
obligation
to
the
assignor
has
already
been
extinguished
prior
to
the
assignment.
• Remedy
of
the
assignee
is
not
against
the
debtor
but
against
the
assignor,
Effect
if
assignment
is
made
prior
to
legal
compensation
taking
place:
• Assignment
was
made
with
the
consent
of
the
debtor
–
he
can
no
longer
setup
against
the
33
Obligations
and
Contracts
o By
substituting
the
person
of
the
debtor
or
Finals
Reviewer
subrogating
a
third
person
in
the
rights
of
creditor
(subjective
or
personal)
Novation
–
juridical
act
with
a
dual
function—it
Requisites:
extinguishes
and
obligation
and
creates
a
new
one
in
• Modificatory
–
old
obligation
subsists
to
the
extent
lieu
of
the
old;
extinguishment
of
an
obligation
by
it
remains
compatible
with
the
amendatory
substitution
or
change
of
the
obligation
by
subsequent
agreement
one
which
extinguishes
or
modifies
the
first
either
by:
o Alteration
of
terms
and
conditions,
only
• Changing
the
object
modificatory
unless
those
changes
will
be
• Changing
the
principal
condition
the
essence
of
the
obligation
itself
• Substituting
another
in
place
of
the
debtor
o Changes
brought
about
by
any
subsequent
• By
subrogating
a
third
person
in
the
rights
of
the
agreement
is
merely
incidental
creditor
o Modificatory
in
nature,
insufficient
to
extinguish
the
original
obligation
Requisites:
• There
must
be
a
previous
valid
obligation
Objective
(Real)
and
Subjective
(Personal)
o Indispensable
requirement
• Objective/Real
–
change
of
object
or
principal
o Novation
is
void
if
the
original
obligation
is
conditions
of
an
existing
obligation
void,
except:
• Subjective/Personal
–
change
of
either
the
person
§ When
annulment
may
be
claimed
of
debtor
or
creditor
in
existing
obligation
only
by
the
debtor
and
he
o Mere
fact
that
creditor
receives
guaranty
or
consented
to
the
novation
payments
from
third
person
does
not
§ When
ratification
validates
which
constitute
novation;
there
must
be
an
are
voidable
express
release
from
responsibility
• Parties
concerned
must
agree
to
a
new
contract
• Mixed
Novation
–
when
change
of
object
or
• Old
contract
must
be
extinguished
principal
conditions
occurs
at
the
same
time
with
• There
must
be
a
valid
new
contract
change
of
either
person
of
creditor
or
debtor.
o Necessary
that
new
obligation
is
valid
o If
new
obligation
is
void,
original
will
subsist
Express
and
Implied
§ Will
not
subsist
if
the
parties
clearly
• Express
–
Takes
place
when
the
contracting
parties
intended
that
former
relation
expressly
disclose
that
their
object
in
making
the
should
be
extinguished
in
any
event
new
contract
is
to
extinguish
the
old
one;
new
o If
original
obligation
was
subject
to
obligation
declares
in
unequivocal
terms
that
old
suspensive
or
resolutory
condition,
new
obligation
is
extinguished
obligation
shall
be
the
same
unless
• Implied
–
new
obligation
is
on
every
point
stipulated
otherwise—original
obligation
incompatible
with
the
old
one—change
must
refer
may
be
conditional;
new
obligation
is
pure
to
the
object,
the
cause,
or
the
principal
conditions
and
vice
versa.
of
the
obligation
(essential
change)
• Test
of
incompatibility
–
whether
the
two
Kinds
of
Novation:
obligations
can
stand
together,
each
one
with
its
Extinctive
and
Modificatory
own
independent
existence.
• Extinctive
–
old
obligation
is
terminated
by
creation
of
new
one
Extinctive
novation
is
never
presumed,
there
must
be
o Twin
effects
–
extinguishing
an
existing;
express
intention
to
novate;
in
implied
cases,
the
acts
of
creating
new
one
the
parties
must
clearly
demonstrate
their
intent
to
o Results
by
either
changing
the
object
or
dissolve
old
obligation.
principal
conditions
(objective
or
real)
or
Novation
by
Substitution
of
Debtor
34
• Necessary
to
take
place
the
third
person
in
the
Novation
by
Subrogation
same
position
occupied
by
the
original
debtor.
Subrogation
–
transfer
of
all
rights
of
creditor
to
a
third
• Old
debtor
must
be
released
expressly
and
new
person,
who
substitutes
him
in
all
his
rights
debtor
assumes
his
place
• No
novation
when
old
debtor
is
not
released;
person
who
assumes
debtor’s
obligation
becomes
Kinds:
merely
a
co-‐debtor
or
surety;
at
most,
it
only
Legal
subrogation
–
takes
place
without
agreement
but
creates
a
juridical
relation
of
co-‐debtorship
or
by
operation
of
law
because
of
certain
acts.
suretyship
on
the
part
of
such
third
persons
• Not
presumed,
except
in
following
cases:
o When
creditor
pays
another
creditor
who
is
Forms:
substituting
person
of
debtor
preferred,
even
without
the
debtor’s
• Expromision
–
initiative
does
not
come
from
the
knowledge
debtor
and
may
be
made
without
his
knowledge
or
o When
3rd
person
(not
interested
in
against
his
will.
Logically
requires
consent
of
third
obligation)
pays
with
express
or
tacit
person
and
creditor
approval
of
the
debtor
o Effect
(done
w/o
knowledge
or
against
will
o When,
even
without
the
knowledge
of
of
debtor):
3rd
person
is
entitled
to
demand
debtor,
person
interested
in
fulfillment
of
reimbursement
only
up
to
the
extent
that
obligation
pays,
without
prejudice
to
the
the
payment
has
been
beneficial
to
the
effects
of
confusion
as
to
the
latter’s
share.
debtor,
but
not
entitled
to
right
of
• No
true
subrogation
in
case
of
solidary
co-‐debtor,
subrogation.
by
his
payment
obligation
is
extinguished.
Although
• Delegacion
–
debtor
offers
and
creditor
accepts,
a
co-‐debtor
who
paid
can
make
a
claim
upon
his
co-‐
third
person
who
consents
to
the
substitution
and
debtors
for
their
share
in
the
amount
he
paid
for.
assumes
the
obligation—thereby
releasing
the
Conventional
subrogation
–
takes
place
by
agreement
original
debtor
from
the
obligation.
Intervention
of
parties.
and
consent
of
all
three
persons
are
necessary.
• Requires
consent
of
all.
Consent
of
debtor
is
required
for
the
effectivity
of
the
subrogation.
Effect
of
novation,
whether
expromision
or
delegacion:
old
debtor
is
already
extinguished.
Insolvency
of
the
Conventional
subrogation
Assignment
of
credit
new
debtor
shall
not
give
rise
to
any
liability
of
old
Transfer
of
all
the
rights
of
Process
of
transferring
the
debtor.
True,
even
when
done
with
or
without
the
creditor
to
a
third
right
of
the
assignor
to
the
knowledge
of
the
old
debtor.
person,
who
substitutes
assignee
who
would
then
When
new
debtor
has
been
proposed
by
the
old
debtor
him
in
all
of
his
rights
have
the
right
to
proceed
against
the
debtor
and
new
debtor’s
insolvency
was
already
existing
at
the
Requires
agreement
Debtor’s
consent
not
time
of
substitution
and
of
public
knowledge,
or
known
among
the
three
parties
necessary,
mere
notice
is
to
the
old
debtor,
creditor’s
action
against
old
debtor
is
concerned.
okay
revived.
Extinguishes
obligation
Same
right
which
passes
and
gives
rise
to
a
new
from
one
person
to
Creditor’s
consent
necessary,
whether
expromision
or
one
another
delegacion,
indispensable
requirement.
Nullity
of
old
obligation
Nullity
of
obligation
not
-‐ Aggrieved
creditor
is
not
bound
to
deal
with
may
be
cured
by
new
remedied
the
substitute
when
the
contract
is
obligation—perfectly
valid
unlawfully
novated
by
an
applicable
and
unilateral
substitution
of
the
obligor
by
In
determining
whether
conventional
subrogation
or
another.
assignment
of
credit,
intention
of
the
parties
shall
-‐ Creditor’s
consent
need
not
be
given
prevail.
expressly
Effect
of
subrogation:
-‐
35
In
legal
subrogation
–
transfers
to
the
person
which
produce
patrimonial
subrogated
the
credit,
plus
all
the
rights.
Whether
those
liabilities
rights
be
against
the
debtor
or
against
the
third
person.
Transfer
of
rights
strictly
observed.
Implied
contract
–
A
contract
can
also
exist
by
implication.
Arises
where
the
intention
of
the
parties
is
In
conventional
subrogation
–
same
effects
as
legal
not
expressed,
but
an
agreement
in
fact,
creating
an
subrogation,
may
be
modified
by
parties
by
express
obligation,
is
implied
or
presumed
from
their
acts—
agreement
shows
mutual
intent
to
contract
Partial
subrogation,
creditor
receives
partial
payment
Implied
contract
Quasi-‐contract
only:
he
is
entitled
to
exercise
his
right
for
the
Requires
consent
of
Unilateral
act,
not
remainder.
His
rights
co-‐exist
with
the
newly
acquired
parties
predicated
on
consent
rights
of
the
person
who
has
been
subrogated,
he
shall
Basis
is
will
of
the
parties
Basis
is
law
to
prevent
be
preferred
over
that
of
the
person
who
has
been
unjust
enrichment
partially
subrogated.
Distinguised
from
Obligation
–
Contract
is
an
agreement
Effect
of
extinctive
novation
upon
accessory
obligations
which
creates
the
obligation.
Under
NCC,
it’s
one
of
the
• In
novation
changing
the
object
or
principal
sources
of
obligation.
Contract
is
the
cause,
obligation
is
conditions
+
novation
by
substitution
of
the
debtor:
the
result.
principal
obligation
is
extinguished.
As
a
rule,
accessory
obligations
are
also
extinguished.
Meeting
of
minds
–
Art
1305,
intent
of
the
parties
in
*However,
if
there’s
stipulation
in
favor
of
3rd
persons,
entering
into
the
contract.
Contract
is
perfected
by
accessory
obligations
subsist
insofar
as
they
may
benefit
mere
consent,
does
not
require
special
from,
binding
such
third
persons
who
have
not
given
their
consent
to
from
the
moment
that
the
essential
requisites
are
the
novation.
present.
Meeting
of
the
minds
gives
rise
to
a
binding
contract.
• In
novation
by
subrogation:
accessory
obligation
not
extinguished—new
creditor
is
entitled
to
exercise
of
Classification
of
Contracts
accessory
rights.
According
to
degree
of
dependence—
*However,
parties
may
modify
through
express
agreement
in
the
case
of
conventional
subrogation.
• Principal
–
can
exist
independently
of
other
contracts
CONTRACTS
• Accesory
–
cannot
exist
without
a
valid
principal
• Meeting
of
minds
between
two
persons
whereby
contract,
exists
merely
to
tsecure
the
fulfillment
of
one
binds
himself,
with
respect
to
the
other,
to
give
a
principal
obligation
something
or
to
render
some
service.
• Preparatory
–
not
an
end
by
itself
but
only
a
means
• Juridical
convention
manifested
in
legal
form,
by
of
the
execution
of
another
contract.
virtue
of
which
one
or
more
persons
bind
themselves
in
favor
of
another,
or
reciprocally,
to
According
to
manner
of
perfection—
the
fulfillment
of
a
prestation
to
give,
to
do
or
not
• Consensual
–
perfected
by
mere
consent
to
do.
• Real
–
perfected
not
by
mere
consent
but
by
delivery
of
the
object
of
contract
(Deposit,
pledge,
Distinguished
from
convention
mutuum,
commodatum)
Contract
(cum
traho)
Convention
Agreement
or
convention
Not
every
convention
is
a
According
to
nature
of
the
obligation
produced—
contract,
broad
enough
to
• Bilateral
–
creates
obligation
on
both
sides
or
both
include
any
kind
of
parties
agreement
• Unilateral
–
creates
obligation
only
on
one
side
or
Limited
to
agreements
one
party
36
• Rights
–
provided
that
they
are
not
personal
or
According
to
their
name—
instransmissible
• Nominate
(nominado)
–
distinguished
by
a
particular
or
special
name
in
the
Civil
Code
According
to
defects—
• Innominate
(innominado)
–
recognized
in
the
Civil
• Perfectly
valid
–
Not
suffering
from
any
defect
Code
but
not
specially
named
or
classified
in
the
• Rescissible
said
Code.
Regulated
by
the
stipulation
of
parties,
• Voidable
provisions
of
Obligations
and
Contracts
• Unenforceable
o Do
ut
des
–
I
give
that
you
give
• Void
or
inexistent
o Do
ut
facias
–
I
give
that
you
do
o Facio
ut
des
–
I
do
that
you
give
Characteristics
of
Contracts
o Facio
ut
facias
–
I
do
that
you
do
• Obligatory
force
or
character
of
contracts
• Autonomy
of
contracts
According
to
cause—
• Mutuality
of
contracts
• Onerous
–
the
prestation
or
promise
of
a
thing
or
• Relativity
of
contracts
service
by
the
other
• Remuneratory
–
Cause
is
the
service
or
benefit
for
Principle,
Obligatory
force
–
obligations
arising
from
which
the
remuneration
is
given
contracts
have
the
force
of
law
between
the
contracting
• Gratuitous
–
cause
is
the
mere
liberality
of
the
parties
and
should
be
complied
with
in
good
faith.
benefactor
Consequence
–
from
the
perfection
of
contract,
parties
According
to
risk
involved—
are
bound
to
the
fulfillment
of
what
has
been
expressly
• Commutative
–
parties
gives
and
receives
an
stipulated
and
all
consequences.
Courts
have
no
equivalent
or
there
is
a
mutual
exchange
of
relative
alternative
but
to
enforce
it
as
they
were
agreed
upon
values
and
written.
• Aleatory
–
both
parties
reciprocally
bind
themselves
to
give
or
to
do
something
in
consideration
of
what
Requisites
–
perfected,
valid
and
enforceable
the
other
shall
give
or
do
upon
the
happening
of
an
event
which
is
uncertain,
or
which
is
to
occur
at
an
Principle,
Autonomy
–
contracting
parties
are
accorded
indeterminate
time.
Element
of
risk
is
dependent
with
liberality
and
freedom
to
establish
contract
as
they
on
chance,
predominant
may
deem
convenient
provided
that
it
is
not
contrary
tolaw,
morals,
good
customs,
public
order
or
public
According
to
requirement
of
form
or
solemnity—
policy.
• Common
–
does
not
require
any
form,
provided
all
the
essential
requisites
for
their
validity
are
present
Freedom
of
contract
protected
–
The
right
to
enter
into
• Special
or
solemn
–
requires
certain
formalities
lawful
contracts
constitutes
one
of
the
liberties
of
the
either
for
its
validity
or
enforceability
people
of
the
state.
If
not,
there
would
be
substantial
impairment
of
the
liberty
of
the
people
under
the
According
to
purpose—
constitution.
Such
freedom
is
protected
by
the
• To
transfer
ownership
–
sale
or
barter
constitution:
• To
convey
the
use
–
commodatum
or
lease
• Due
process
clause
–
no
person
shall
be
deprived
of
• To
give
security
–
pledge
or
mortgage
life,
liberty
or
property
without
due
process
of
law
• To
render
some
service
–
agency
o May
be
subjected
to
restrictions
varies
in
character,
as
long
as
due
process
is
According
to
their
subject-‐matter—
observed.
• Things
–
sale,
pledge
or
mortgage
• Non-‐impairment
clause
–
no
law
shall
be
passed
• Services
–
lease
of
services
or
agency
impairing
obligation
of
contracts
37
o Not
absolute
since
it
has
to
be
reconciled
Principle,
Relativity
–
contracts
can
only
bind
the
parties
with
police
power
who
entered
into
it,
and
it
cannot
favor
or
prejudice
a
Limitations
on
freedom
of
contract
–
parties
cannot
third
person,
even
if
he
is
aware
of
such
contract
and
stipulate
against
the
law
as
it
is
supreme
and
always
has
acted
with
knowledge
thereof.
deemed
to
be
an
integral
part
of
every
contract.
A
• General
rule:
heirs
are
bound
by
contracts
contract
that
violates
the
constitution
is
null
and
void
entered
into
by
their
predecessors-‐in-‐interest
ab
initio,
vests
no
rights
and
creates
no
obligation— except
when
rights
and
obligations
arising
produces
no
legal
effect
at
all.
Must
not
contravene:
therefrom
are
not
transmissible
by
their
nature,
• Which
expressly
declares
their
obligatory
character
stipulation
or
provision
of
law—he
who
• Which
are
prohibitive
contracts
does
so
for
himself
and
his
heirs.
• Which
express
fundamental
principles
of
justice,
• Heirs
cannot
escape
legal
consequence
of
a
cannot
be
overlooked
by
contracting
parties
transaction
entered
into
by
their
predecessor-‐
• Which
impose
essential
requisites
without
which
in-‐interest
because
they
have
inherited
the
the
contract
cannot
exist
property
subject
to
the
liability
affecting
Freedom
of
contract
is
subject
to
the
limitation
that
the
common
ancestor
agreement
must
not
be
against
public
policy
and
any
• Monetary
debts
–
heirs
of
deceased
are
not
agreement
or
contract
made
in
violation
of
this
rule
is
liable
for
the
debts
he
may
leave
at
the
time
of
not
binding
and
will
not
be
enforced
his
death,
debts
are
chargeable
against
the
property
or
assets
left
by
deceased.
If
these
are
Principle,
Mutuality
–
Art
1308,
contract
must
bind
both
not
sufficient
to
cover
all
of
them,
heirs
cannot
the
contracting
parties;
its
validity
or
compliance
cannot
be
made
to
pay
the
uncollectible
balance
be
left
to
the
will
of
one
of
them.
Ultimate
purpose
is
to
render
void
a
contract
containing
a
condition
which
Exceptions
to
principle
of
relativity—
makes
its
fulfillment
dependent
solely
upon
the
• Stipulation
pour
autrui,
contract
may
confer
uncontrolled
will
of
one
of
the
contracting
parties.
benefits
to
a
third
person
o Stipulation
in
favor
of
a
third
person
Determination
of
performance
by
third
person
–
validity
conferring
a
clear
and
deliberate
favor
upon
or
compliance
of
a
contract
cannot
be
left
to
the
will
of
him,
which
stipulation
is
merely
a
part
of
a
one
of
the
parties,
determination
of
performance
may
contract.
Such
third
person
may
demand
be
left
to
a
third
person—shall
be
obligatory
upon
fulfillment
provided
that
he
communicates
contracting
parties
from
the
moment
it
is
made
known
his
acceptance
to
the
obligor
before
it
is
to
them
provided
that
such
determination
is
not
revoked
evidently
inequitable.
o Requisites
§ Stipulation
in
favor
of
a
third
person
Contract
of
adhesion
–
imposes
a
ready-‐made
form
of
§ Stipulation
must
be
part
of
contract
which
the
other
party
may
accept
or
reject
but
contract,
not
the
whole
contract
cannot
modify.
Generally
valid,
binding
as
ordinary
§ Contracting
parties
must
have
contracts—party
who
adheres
to
the
contract
is
free
to
clearly
and
deliberately
conferred
a
reject
it
entirely
favor
upon
a
third
person,
not
a
• When
invalid
–
subversive
to
public
policy,
only
mere
incidental
benefit
or
interest
when
weaker
party
is
imposed
upon
in
dealing
§ Third
person
must
have
with
the
dominant
bargaining
party
and
communicated
his
acceptance
to
reduced
to
the
alternative
of
taking
it
or
leaving
obligor
before
revocation
it,
completely
deprived
of
opportunity
to
§ Neither
contracting
parties
bears
bargain
on
equal
footing
the
legal
representation
or
• Not
necessarily
void
but
it
will
be
construed
authorization
of
the
third
party
strictly
against
the
one
who
drafted
the
o To
determine
whether
the
interest
of
third
contract
person
in
a
contract
is
a
stipulation
pour
38
autrui
or
merely
incidental
interest
is
to
rely
• Perfection
–
birth
of
the
contract,
parties
agree
upon
the
intention
of
the
parties
as
upon
the
essential
elements
of
the
contract
disclosed
in
contract
• Consummation
–
last
stage,
parties
fulfill
or
perform
• In
contracts
creating
real
right,
third
persons
who
the
terms
agreed
upon
in
the
contract,
culminating
come
into
possession
of
the
object
of
the
contract
in
the
extinguishment
may
be
bound
under
provisions
of
mortgage
laws
and
land
registration
laws
Perfection
–
Prior
to
this
stage,
no
contract
is
created.
• Creditors
are
protected
in
cases
of
contracts
Until
contract
is
perfected,
it
cannot
serve
as
a
binding
intended
to
defraud
them
juridical
relation
as
an
independent
source
of
obligation
o In
order
to
satisfy
claim,
creditors
may:
§ Pursue
properties
in
possession
of
Manner
of
perfecting
contracts
the
debtor
• Consensual
contract
–
mere
meeting
of
the
minds.
§ Accion
subrogatoria
Three
elements:
consent,
object,
cause
§ Accion
Pauliana—rescission
o Effect:
parties
are
bound
not
only
to
the
Tort
interference
–
contract
confers
certain
rights
on
fulfillment
of
what
has
been
expressly
the
person
with
whom
it
is
made,
and
not
only
binds
stipulated
but
also
to
all
the
consequences,
the
parties
but
also
imposes
to
everyone
the
duty
of
which
according
to
their
nature,
may
be
in
respecting
that
contractual
obligation.
Thus,
any
third
keeping
with
good
faith,
usage
and
law
person
who
induces
another
to
violate
his
contract
shall
• Real
contract
–
not
perfected
by
mere
consent
but
be
liable
for
damages
to
the
other
contracting
party.
by
the
delivery
of
the
object
of
the
contract.
Four
elements:
consent,
object,
cause,
delivery
Elements,
for
contractual
interference
to
be
o Commodatum
and
mutuum
–
accepted
maintained:
promise
to
deliver
something
is
binding
but
o Existence
of
a
valid
contract
shall
not
be
perfected
until
delivery
of
o Knowledge
on
part
of
this
person
of
the
object
existence
of
contract
o Deposit
–
agreement
to
constitute
is
o Interference
of
third
person
is
without
legal
binding
but
not
perfected
until
delivery
justification
or
excuse
o Pledge
–
necessary
to
constitute
a
contract
that
thing
pledged
be
places
in
the
Identity
of
injured
party
–
not
required,
can
be
held
possession
of
creditor
or
of
third
person
by
liable
for
tort
interference
even
if
he
does
not
know
the
common
agreement
identity
of
one
of
the
contracting
parties.
Essential
requisites
of
Contracts
Interference
with
lawful
contracts
by
strangers
–
gives
Elements
of
a
contract
rise
to
an
action
for
damage
in
favor
of
injured
person.
Essential
–
necessary
for
the
very
existence
of
the
Law
does
not
require
that
responsible
person
shall
have
contract
itself,
absence
of
any
one
will
prevent
creation
known
the
identity
of
injured
person
or
existence—inexistent
Consensual
–
consent,
object,
cause
• Accion
directa
is
allowed
by
law
in
certain
cases
Real
–
consent,
object,
cause,
delivery
• Any
third
person
who
induces
another
to
violate
his
Natural
–
not
essential
but
presumed
to
exist
in
certain
contract
can
be
made
liable
for
damages
to
other
contracts
unless
there
is
an
express
stipulation
to
the
contracting
party
contrary
Accidental
–
exists
only
when
the
parties
expressly
Perfection
of
Contracts
provide
for
them,
provided
that
they
are
not
contrary
to
• Negotiation/Preparation
–
begins
when
parties
law,
morals,
good
customs,
public
order
or
public
policy
manifest
their
interest
and
ends
at
the
moment
of
agreement
of
parties
39
CONSENT
–
conformity
of
will,
agreement
of
the
will
of
part
of
the
offeror.
If
new
or
further
one
contracting
party
with
that
of
another
upon
the
agreement
is
necessary
to
clarify
what
object
and
terms
of
the
contract.
has
been
agreed
upon,
there’s
no
Essence
–
conformity
of
the
parties
on
terms
of
the
perfection.
contract,
acceptance
by
one
of
the
offer
made
by
the
• Offer
must
be
communicated
by
the
offeror
to
other.
the
offeree,
resulting
to
offeree’s
knowledge
of
Importance
–
There
can
be
no
contract
in
the
true
sense
the
offer
in
the
absence
of
the
element
of
agreement,
or
of
o Offeree
can
not
accept
an
offer
which
mutual
assent
of
the
parties
has
not
been
communicated
to
him.
An
uncommunicated
offer
cannot
result
in
Requisites
of
Consent
a
contract,
may
be
withdrawn
any
time
• Plurality
of
subjects
• Capacity
Cases
which
are
NOT
considered
as
offers:
• Intelligent
and
free
will
• Advertisement
of
things
for
sale
–
not
offer
but
• Express
or
tacit
manifestation
of
the
will
mere
invitations.
May
become
an
offer
if
expressly
• Conformity
of
the
internal
will
and
its
and
clearly
provided
therein
manifestation
• Advertisement
for
bidders
–
not
offer
but
invitations.
Advertisers
is
not
bound
to
accept
any
Manifestation
–
meeting
of
the
offer
and
acceptance
bid.
Bid
proposals
or
quotations
are
the
offers
and
upon
the
thing
and
the
cause,
which
are
to
constitute
reply
of
the
proposer,
the
acceptance/rejection
of
the
contract.
offer
Forms
–
Consent
and
acceptance
of
the
offer
may
either
• Auction
Sale
–
not
offer
simply
an
invitation
to
express
or
implied
make
proposals.
Bid
proposals
submitted
by
the
bidder
is
the
offer,
sale
is
considered
perfected
only
Offer
in
Contract
Law
–
expression
of
willingness
to
when
auctioneer
announces
its
perfection.
Until
contract
on
certain
terms,
made
with
the
intention
that
such
announcement,
bidder
may
retract
his
bid
and
it
shall
become
binding
as
soon
as
accepted
by
the
auctioneer
may
withdraw
unless
auction
has
been
person
to
whom
it
is
addressed.
announced
to
be
without
reserve
Offeror
–
party
who
makes
the
offer
Offeree
–
party
to
whom
an
offer
is
made
Termination
of
offer
• By
action
of
offeror
–
revocation
or
withdrawal
of
Requisites
for
effective
offer
offer.
Any
time
prior
perfection,
either
negotiating
• Offeror
must
have
serious
intention
to
become
party
may
stop
the
negotiation.
Offer
may
be
bound
by
his
offer
withdrawn
or
revoked
by
offeror
as
a
rule.
Power
to
o Objective
theory
of
contracts
–
revoke
is
implied
that
no
contract
exists
until
seriousness
is
determined
by
what
a
acceptance
is
known.
Considered
terminated
upon
reasonable
person
in
the
offeree’s
revocation
or
withdrawal
position
would
conclude
the
offeror’s
o Revocation
prior
to
perfection
–
unless
the
words
and
actions
meant
and
not
by
offeror
knows
of
the
acceptance,
there’s
no
the
subjective
intention
or
beliefs
of
the
meeting
of
the
minds,
no
real
concurrence
offeror.
Understanding
and
beliefs
are
of
offer
and
acceptance,
effective
only
if
shared
§ When
a
period
is
given
to
offeree
• Terms
must
be
reasonably
certain,
definite
and
within
which
to
accept
the
offer
complete,
so
that
parties
and
court
can
and
the
same
has
separate
ascertain
terms
of
the
offer
consideration,
a
contract
of
option
o Article
1319
–
only
if
contract
can
come
is
deemed
perfected
and
it
would
into
existence
by
mere
acceptance
of
be
a
breach
to
withdraw
during
the
offer
without
any
further
act
on
the
agreed
period
40
o Time
of
effectivity
of
revocation
–
in
• Separate
agreement
distinct
from
the
contract
contracts
between
absent
persons—an
which
the
parties
may
enter
into
upon
the
acceptance
by
letter
of
an
offer
has
no
consummation
of
the
option,
must
be
supported
by
effect
until
it
comes
to
the
knowledge
of
consideration
the
offeror.
Before
acceptance
is
known,
it
• Distinguishing
characteristic:
imposes
no
binding
can
be
revoked.
Revocation
or
withdrawal
is
obligation.
Until
acceptance,
it
is
not
a
contract
and
effective
immediately
after
its
does
not
vest,
transfer
or
agree
to
transfer,
any
title
manifestation
to
or
any
interest
or
right
in
the
subject
matter
• By
action
of
offeree—rejection
of
offer
–
after
• Merely
a
contract
by
which
the
owner
of
property
rejection
by
offeree,
if
he
changes
his
mind
and
gives
the
optionee
the
right
or
privilege
of
accepting
chooses
to
accept,
he
will
be
the
new
offeror
the
offer
and
buying
the
property
on
certain
terms
o Counter-‐offer
–
important
form
of
rejection,
rejection
of
the
original
offer
and
Option
contract
Contract
of
sale
simultaneous
making
of
a
new
offer.
Independent
contract
by
Fixes
definitely
the
relative
Original
offer
is
terminated
and
original
itself,
distinguished
from
rights
and
obligations
of
offeree
now
become
the
new
offeror.
projected
main
agreement
both
parties
at
the
time
of
• By
operation
of
law—
its
execution
o Lapse
of
time
–
where
time
is
stated
in
an
Unaccepted
offer,
Offer
and
acceptance
are
offer
for
its
acceptance,
the
offer
is
optionee
has
the
right
but
concurrent,
minds
of
the
not
the
obligation
to
buy
contracting
parties
meet
terminated
at
the
expiration
of
the
time
in
the
terms
of
the
given
for
its
acceptance.
If
not
period,
offer
agreement
terminates
after
the
lapse
of
a
reasonable
time.
When
option
is
binding
–
period
is
given
to
the
offeree
§ Offer
made
inter
praesentes
(made
within
which
to
accept
the
offer
and
founded
upon
or
to
a
person
present)
must
be
supported
by
a
separate
consideration—option
is
accepted
immediately
when
the
deemed
perfected.
offeror
has
not
fixed
a
period
for
• Breach
of
that
contract
(of
option)
to
withdraw
acceptance
the
offer
during
agreed
period
o Effect
of
death,
civil
interdiction,
insanity
or
• If
optioner-‐offeror
withdraws
the
offer
before
insolvency
–
offer
is
rendered
ineffective,
acceptance
by
optionee-‐offeree,
the
latter
may
the
disappearance
of
either
party
or
his
loss
not
sure
for
specific
performance
on
the
of
capacity
before
perfection
prevents
the
proposed
contract
since
it
has
failed
to
reach
its
contractual
tie
from
being
formed
own
stage
of
perfection.
Optioner-‐offeror
o Supervening
illegality
of
proposed
contract
renders
himself
liable
for
damages
for
breach
of
–
termination
occurs
when
a
legislative
the
option
enactment
or
cour
decision
makes
the
offer
illegal
after
it
has
been
made
When
option
is
not
binding
–
period
is
not
itself
o Destruction
of
subject
matter
–
terminated
founded
upon
or
supported
by
a
consideration,
the
when
specific
subject
matter
is
destroyed
option
does
not
become
a
contract.
before
the
offer
is
accepted
• Offeror
is
still
free
and
has
the
right
to
withdraw
the
offer
before
acceptance
Option
Contract
–
preparatory
contract,
one
party
• If
an
acceptance
has
been
made
before
the
grants
to
the
other,
for
a
fixed
period
and
under
offeror’s
coming
to
know
of
such
fact,
by
specified
conditions,
the
power
to
decide,
whether
or
communicating
that
withdrawal
to
the
offeree.
not
to
enter
into
a
principal
contract
• Binds
the
party
who
has
given
option,
not
to
enter
Withdrawal
must
not
be
arbitrary
or
whimsical
–
into
the
principal
contract
with
any
other
person
otherwise,
it
could
give
rise
to
a
damage
claim
under
during
the
period
designated.
Art.
19
of
NCC.
41
• An
offer
implies
an
obligation
on
the
part
of
the
• Where
there
is
merely
an
offer
by
one
party,
offeror
to
maintain
in
such
length
of
time
as
to
without
the
acceptance
of
the
other,
there
is
permit
the
offeree
to
decide
whether
ot
accept
not
consent.
or
not,
cannot
arbitrarily
revoke
the
offer
• Acceptance
concludes
the
making
of
contract,
without
being
liable
for
damages
which
the
nothing
further
required
offeree
may
suffer
• Effect
of
unqualified
acceptance:
contract
is
deemed
perfect,
none
of
them
may
disengage
Acceptance
prior
to
withdrawal
–
results
in
a
perfected
himself
without
being
liable
to
the
other
in
an
contract
of
sale
action
for
specific
performance.
Acceptance
must
be
absolute
–
there
must
be
no
Consideration
in
option
contract
–
onerous
contract,
condition
or
qualification.
Must
be
plain,
unequivocal,
consideration
must
be
something
of
value,
although
unconditional,
and
without
variance
of
any
sort
from
kinds
may
vary—need
not
be
monetary.
If
not
the
proposal.
monetary,
must
be
clearly
specified
as
such
in
the
• Effect
of
qualified
acceptance
(involves
a
new
option
contract
or
clause
offer,
constitutes
counter-‐offer,
rejection
of
original
offer)
–
not
sufficient
to
generate
Consideration
in
option
may
not
be
presumed
–
Art
consent,
any
modification
from
terms
of
the
1354,
NCC
existence
of
consideration
is
to
be
presumed
offer
annuls
the
offer.
in
a
contract
does
not
apply
to
the
contract
of
option
or
o Proposal
to
accept
or
an
acceptance
to
an
accepted
unilateral
promise
buy
or
sell—this
introducing
new
conditions
amounts
to
should
be
governed
by
Article
1479,
requires
rejection
of
the
offer
and
submission
of
concurrence
of
a
condition.
counter-‐proposal
and
puts
an
end
to
• Promise
cannot
compel
the
promisor
to
comply
the
negotiations
without
forming
a
with
the
promise,
unless
the
former
establishes
contract
unless
the
party
making
the
the
existence
of
said
distinct
consideration— offer
renews
it
or
agress
to
the
promisee
has
the
burden
of
proving
such
suggested
modifications
consideration
• Mirror-‐image
rule
–
acceptance
must
be
identical
in
all
respects
with
that
of
the
offer
so
Earnest
Money
–
something
of
value
to
show
that
buyer
as
to
produce
consent
or
meeting
of
the
minds.
was
really
in
earnest,
given
to
seller
to
bind
the
bargain.
o When
any
of
the
elements
is
modified
Considered
as
part
of
the
purchase
price
and
proof
of
upon
acceptance,
alteration
amounts
to
the
perfection
of
contract.
a
counter-‐offer
o When
alleged
changes
made
in
the
Option
Money
Earnest
Money
acceptance
are
not
material
but
merely
Given
as
distinct
Part
of
the
purchase
price
clarificatory,
there
is
no
rejection
of
the
consideration
for
an
offer
option
contract
Applies
to
a
sale
not
yet
Given
only
where
there’s
Manner
of
acceptance
–
In
his
offer,
offeror
may
fix
perfected
already
a
sale
time,
place
and
manner
of
acceptance,
all
of
which
When
given,
would-‐be
When
given,
buyer
is
must
be
complied
with.
On
the
other
hand,
an
attempt
buyer
is
not
required
to
bound
to
pay
the
balance
on
the
part
of
the
offeree
to
accept
the
offer
in
buy
different
manner
does
not
bind
the
offeror—absence
of
meeting
of
the
minds.
Acceptance
of
offer
Express
acceptance
–
contract
will
be
perfected
only
by
Requirement
–
to
produce
a
contract
there
must
be
the
offeror
of
the
express
acceptance
acceptance,
express
or
implied,
but
must
not
qualify
the
terms
of
the
offer.
42
Form
of
acceptance
–
may
be
express
or
implied,
unless
Effect
of
misrepresentation
by
the
minor
–
upon
18,
the
law
specifically
requires
a
particular
format
or
they
cannot
annul
the
contract
on
the
ground
of
manner
of
expressing
such
consent.
minority—already
in
estoppel
(ruling
only
applies
if
• May
be
shown
by
acts,
conducts,
or
words
of
a
guilty
of
active
misrepresentation)
party
recognizing
the
existence
of
a
contract
• Passive
misrepresentation,
may
still
annul
upon
• Through
agent
–
deemed
accepted
from
the
time
reaching
18.
acceptance
is
communicated
to
said
agent.
Agent
is
the
extension
of
the
personality
of
the
principal
Insanity
–
manifestation,
language
or
conduct,
of
• When
acceptance
binds
offeror
–
cognition
theory:
disease
or
defect
of
the
brain,
or
more
or
less
unless
the
offeror
knows
of
the
acceptance,
there
is
permanently
diseased
or
disordered
and
characterized
no
meeting
of
the
minds
of
the
parties,
no
real
by
perversion,
inhibition
or
disordered
function
of
the
concurrence
of
offer
and
acceptance.
sensory
or
the
intellective
faculties
or
by
implied
or
• Withdrawal
of
acceptance
–
can
be
withdrawn
or
disorder
volition.
revoked
BEFORE
it
is
made
known
to
offeror.
Effect
–
contract
entered
into
by
an
insane
or
demented
person
is
voidable
but
if
contract
is
entered
during
lucid
CAPACITY
TO
GIVE
CONSENT
interval,
contract
is
valid.
Contractual
Capacity
• Not
every
insanity
will
annul
consent—only
those
Essential
element
of
consent
–
legal
capacity
of
the
which
prevents
a
person
from
knowing
the
parties
is
an
essential
element
for
the
existence
of
the
character
of
the
act
that
he
is
performing
as
well
as
contract—indispensable
condition.
Legal
consent
its
legal
effects—ground
for
annulment
presupposes
capacity.
Presumption
of
insanity
–
law
presumes
that
every
Effect
of
incapacity
–
not
void,
if
only
one
of
the
person
is
of
sound
mind,
in
the
absence
of
proof
to
the
contracting
parties
is
incapable,
contract
is
merely
contrary.
Burden
of
proving
incapacity
rests
upon
he
voidable.
When
both
parties
are
incapable,
contract
is
who
alleges
it;
if
no
sufficient
proof
to
this
effect
is
unenforceable.
presented,
his
capacity
will
be
presumed.
• If
the
contracting
party
is
under
guardianship
by
Persons
incapable
of
giving
consent:
reason
of
insanity,
there’s
presumption
of
• Unemancipated
minors
insanity—only
prima
facie,
may
be
rebutted
by
• Insane
or
demented
persons
evidence.
It
may
be
shown
that
he
executed
the
• Deaf-‐mutes
who
do
not
know
how
to
write
contract
during
lucid
interval
• Persons
suffering
from
civil
interdiction
• Incompetents
under
guardianship
Civil
interdiction,
old
age
and
illiteracy
–
accessory
penalty
imposed
upon
accused
who
is
sentenced
to
a
Presumption
of
capacity
–
every
person
is
fully
principal
penalty
not
lower
than
reclusion
temporal—
competent
to
enter
into
a
contract
until
satisfactory
deprives
the
offender
during
time
of
sentence
of
the
proof
to
the
contrary
is
presented.
Burden
of
proof— following:
individual
asserting
lack
of
capacity
to
contract—clear
o Parental
authority,
guardianship
either
as
to
and
convincing
evidence.
person
or
property
of
any
ward
o Marital
authority
Minority
–
below
18
years
of
age
o Management
of
his
property
Effect
–
contract
entered
into
by
a
minor
is
voidable.
o Disposition
of
his
property
by
any
act
or
Law
gives
the
minor
the
right
to
annul
upon
attainment
conveyance
inter
vivos
of
age
of
majority,
must
bring
the
action
for
annulment
A
person
suffering
from
the
accessory
penalty
of
civil
within
4
years
from
majority
otherwise,
barred
by
interdiction
may
not
validly
enter
into
contracts
statute
of
limitations
or
prescriptions.
He
may
also
ratify
involving
disposition
of
his
property
if
same
will
take
the
voidable
contract
upon
reaching
18.
effect
during
his
lifetime.
43
Effect
of
old-‐age
and
physical
infirmity
–
considered
Ø Services
which
imply
an
absolute
submission,
incapacitated
only
when
such
age
or
infirmities
impair
sacrificing
their
liberty,
independence
or
beliefs
his
mental
faculties
to
such
extent
as
to
prevent
him
or
disregarding
any
manner
of
equality
and
from
properly,
intelligently,
and
fairly
protecting
his
dignity
property
rights
• Must
be
real
or
possible,
either
physically
or
Effect
of
illiteracy
–
when
an
illiterate
alleges
mistake
or
legally
fraud
in
the
giving
of
his
consent,
he
becomes
o In
existence
at
the
time
of
the
incapable.
perfection
of
the
contract
Burden
of
proof
–
Article
1332,
NCC,
where
a
party
to
a
o Has
the
possibility
or
potentiality
of
contract
is
illiterate,
or
cannot
read
not
understand
the
coming
into
existence
language
in
which
the
contract
is
written,
the
burden
is
o Donation
CANNOT
comprehend
future
on
the
party
interested
in
enforcing
the
contract.
things
Rule
as
to
future
inheritance—contracts
entered
into
Requisite
before
invoking
Article
1332:
upon
future
inheritance
are
void.
To
be
considered
• Convincingly
established
that
the
disadvantaged
future,
succession
must
not
have
been
opened
at
the
party
is
unable
to
read
time
of
the
contract—prohibited
under
Article
1347,
• Contract
involved
is
written
in
a
language
NCC.
Following
requisites
must
concur:
understood
by
him
Ø Succession
has
not
yet
been
opened
Ø Object
forms
part
of
the
inheritance
Article
1332
applies
where
the
contract
is
merely
Ø Promisor
has
an
expectancy
of
a
right
which
is
voidable—intended
for
the
protection
of
a
party
to
a
purely
hereditary
in
nature
contract
who
is
at
a
disadvantage
due
to
his
illiteracy,
Exception
–
law
allows
a
person
to
make
a
partition
of
ignorance,
mental
weakness
or
other
handicap.
Does
his
estate
by
an
act
inter
vivos
provided
that
the
not
cover
a
situation
where
there
is
a
complete
absence
legitime
of
compulsory
heirs
is
not
prejudiced
of
consent.
Impossibilty
–
may
either
be
absolute
or
relative
OBJECT
OF
THE
CONTRACTS
Effect:
Objects
of
contracts
may
be
the
following—
v Absolutely
impossible
is
when
nobody
can
• All
things
which
are
not
outside
the
commerce
perform
it—nullifies
the
contract,
therefore
of
men,
including
future
things
void.
• All
rights
which
are
not
intransmissible
v Relative
impossible
is
when
due
to
the
special
• All
services
which
are
not
contrary
to
law,
conditions
or
qualifications
of
the
debtor
it
morals,
good
customs,
public
order
or
public
cannot
be
performed.
If
temporary,
does
not
policy
nullify
the
contract
but
if
permanent,
it
nullifies
the
contract,
therefore
void
Requisites
• Must
be
within
the
commerce
of
men
• Should
be
licit
or
not
contrary
to
law,
morals,
o Susceptible
of
appropriation
good
customs,
public
order
or
public
policy
o Transmissible
from
one
person
to
• Should
be
determinate
or
determinable,
as
to
is
another
kind
Exclusions:
o Sufficient
that
the
object
is
Ø Sacred,
common
things,
not
appropriated
determinable
at
the
time
of
the
Ø Property
pertaining
to
public
dominion
perfection
of
the
contract
Ø Rights
which
are
purely
personal
o As
to
quantity,
it
is
sufficient
that
the
Ø Public
offices,
inherent
attributes
of
the
public
same
is
determinable
without
the
need
authority,
political
rights
of
individuals
of
a
new
contract
between
the
parties
44
CAUSE
or
consideration
–
is
the
“why
of
the
contracts,
Forms
of
Contracts
the
essential
reason
which
moves
the
contracting
General
Rule:
contracts
are
obligatory
in
whatever
form
parties
to
enter
into
the
contract,”
it
is
immediate,
provided
that
all
essential
requisites
for
their
validity
direct
and
proximate
reason
which
justifies
the
creation
are
present—no
form
is
required.
of
an
obligation
through
the
will
of
the
contracting
Exceptions:
2
groups
where
from
is
absolute
and
parties.
indispensible—
• Those
which
are
required
to
be
in
some
form
to
be
Requisites:
valid
• Must
exist
• Those
which
are
required
to
be
in
some
form
to
be
o If
contract
has
no
cause,
it
does
not
enforceable
or
in
order
that
they
may
be
proved
in
produce
any
effect—inexistent
and
void
a
certain
way.
from
the
beginning
o There
is
want
of
cause
when
there
is
total
Contracts
which
require
form
for
validity:
absence
of
consideration.
Difference
of
• Donation
of
personal
property
where
value
exceeds
want
and
lack:
5k
(Art
748,
donation
&
acceptance
required
to
be
Want
Lack
in
writing)
Prevents
the
Right
to
demand
the
• Donation
of
real
property
(Art
749,
regardless
of
the
existence
of
a
valid
fulfillment
or
value,
donation
&
acceptance
must
be
in
public
contract
cancellation
of
the
instrument—notarized)
obligation
o Effect
of
absence:
donation
is
void,
this
rule
o Cause
is
presumed
to
exist
–
although
cause
applies
only
in
the
absence
of
evidence
that
is
not
stated
in
the
contract,
it
is
presumed
the
claimed
donation
had
been
accepted)
to
exist
unless
the
contrary
is
proved.
• Donation
propter
nuptias
(Art
83,
FC,
Art
748
&
749
Burden
to
prove
the
contrary
rests
on
the
shall
also
apply)
party
who
claims
that
the
contract
has
no
o Special
kind
of
donation,
Requisites—
valid
or
true
consideration.
§ Must
be
made
before
the
• Must
be
true
celebration
of
the
marriage
o Statement
of
a
false
cause
renders
contract
§ Must
be
made
in
consideration
of
void,
unless
it
can
be
proven
that
they
were
the
marriage
founded
upon
another
cause
which
is
true
§ Must
be
made
in
favor
of
one
or
and
lawful
both
of
the
future
spouses
• Must
be
licit
• Contract
of
partnership
(general
rule,
this
does
not
o A
contract
where
the
cause
is
contrary
to
require
any
form
but)
WHEN
real
property
is
law,
morals,
good
customs,
public
order
or
contributed
as
capital
(Art
1773
&
1771,
public
policy
is
void,
produces
no
effect.
requirement
is
inventory
of
the
real
property
o Although
the
cause
is
not
stated,
it
is
contributed
&
must
be
attached
to
the
public
presumed
that
it
exists
and
is
lawful,
unless
instrument)
debtor
proves
the
contrary
o Art
1773,
intended
to
protect
the
third
persons—when
the
case
does
not
involve
Effect
of
lesion
or
inadequacy
of
cause
–
does
not
third
parties
who
may
be
prejudiced,
they
invalidate
a
contract,
unless
there
has
been
fraud,
cannot
deny
the
existence
of
a
partnership
mistake
or
undue
influence.
• Sale
of
a
parcel
of
land
or
any
interest
therein
Lesion
is
a
ground
for
the
rescission
of
the
contract:
(Generally,
does
not
require
any
form)
but
when
• In
partition
among
co-‐heirs,
when
any
one
of
them
done
through
an
agent
(Art
1874,
Authority
of
the
received
things
whose
value
is
less
than
¼
than
the
agent
must
be
in
writing.
Otherwise,
contract
share
to
which
he
is
entitled
entered
into
by
agent
is
void)
45
• Stipulation
limiting
common
carrier’s
liability
for
Formality
required
–
Agreements
covered
by
the
loss,
destruction
or
deterioration
of
goods
(Art
Statute
shall
be
unenforceable
by
action,
unless
1744,
stipulation
must
be
in
writing)
agreement
itself
is
in
writing
and
subscribed
by
the
• Contract
of
antichresis
(Art.
2134,
Amount
of
party
charged
or
his
agent.
principal
and
of
the
interest
shall
be
in
writing)
If
• Does
not
require
the
contract
to
be
in
writing,
principal
amount
and
interest
is
already
included
in
written
note
or
memorandum
embodying
the
the
principal
contract,
it
is
already
valid
essentials
of
the
contract
and
signed
by
the
party
• Sale
or
transfer
or
large
cattle
(Art
1174,
must
be
charged
suffices
to
make
the
verbal
agreement
recorded
in
the
office
of
the
treasurer
in
the
enforceable.
municpality/city,
public
instrument)
• Note
or
memorandum
need
not
be
contained
in
o Large
cattle
–
all
members
of
the
bovine
two
or
more
papers,
need
each
paper
to
be
family
sufficient
as
to
contents
and
signature
to
satisfy
the
• Chattel
mortgage
contract
(Art.
2140,
must
be
statute.
Exchange
of
written
correspondences
recorded
in
the
Chattel
Mortgage
Register,
public
between
the
parties
may
constitute
sufficient
instrument)
writing
to
evidence
the
agreement
for
purposes
of
complying
with
the
Statute
of
Frauds
Effect
of
non-‐compliance
–
law
expressly
declares
that
• Note
or
memorandum
must
contain
the
name
of
contract
is
void
or
invalid
if
the
formality
required
by
the
parties,
the
terms
and
condition
of
the
contract,
law
is
not
complied
with.
and
a
description
of
the
property
sufficient
to
• Perfected
contract,
complete
with
all
essential
render
it
capable
of
identification
requisites
but
not
executed
in
the
form
• Note
or
memorandum
must
be
signed
by
said
party
provided
by
law—VOID
or
his
authorized
agent
to
be
binding
on
the
persons
to
be
charged
Contracts
which
require
form
for
Enforceability:
• Contracts
in
Article
1403,
par
2
aka
Philippine
Basic
principles
governing
Statute
of
Frauds
Statute
of
Frauds
• Applicable
only
to
purely
executory
contracts
and
• Statute
of
Frauds
–
require
certain
classes
of
not
to
contracts
which
are
either
partially
or
totally
contracts
to
be
in
writing
to
be
enforceable,
does
performed—purpose
of
the
statute
is
to
prevent
not
deprive
the
parties
of
the
right
to
contract
with
fraud
respect
to
the
matters
involved,
but
merely
• Not
applicable
to
actions
which
are
neither
for
regulates
the
formalities
of
the
contract
necessary
violation
nor
for
performance
of
contract
to
render
it
enforceable
• Defense
may
not
be
availed
of
by
third
parties,
only
o The
statute
simple
provides
the
method
by
by
parties
of
the
contract,
their
representatives
or
which
the
contracts
enumerated
may
be
privies
or
those
whose
rights
are
directly
controlled
proved
but
does
not
declares
them
invalid
by
the
statute.
because
not
reduced
in
writing
• Defense
may
be
waived
by
either—(ratification)
EFFECT
–
no
action
can
be
enforced
unless
the
o Failing
to
object
to
the
presentation
of
oral
requirement
is
complied
with.
evidence
to
prove
the
contract
• The
statute
is
used
as
a
defense
whenever
a
o Accepting
benefits
under
the
contract
party
to
an
alleged
contract
falling
within
the
• Limited
to
specific
transaction.
The
following
are
operation
of
the
statute
attempts
to
enforce
NOT
covered
by
the
Statute
of
Frauds—
the
agreement
o Agreement
creating
an
easement
of
right-‐
• Form
required
is
for
evidentiary
purposes
of-‐way
since
it’s
not
a
sale
of
real
property
only—if
the
parties
permit
a
contract
to
be
or
interest
proved,
without
any
objection,
binding
as
if
the
o An
agreement
for
setting
up
of
statute
has
been
complied
with
boundaries—oral
testimony
to
prove
such
agreement
is
admissible
46
o An
oral
partition
of
real
property
is
• Agreements
in
consideration
of
marriage
–
marriage
enforceable
since
partition
is
not
settlement,
required
to
be
in
writing.
Donation
conveyance
of
property
but
simply
a
propter
nuptias—not
governed
by
SoF.
segregation
and
designation
of
the
part
of
• Sale
of
goods,
chattels
or
things
in
action
at
price
the
property
which
belongs
to
co-‐owners
not
less
than
P500
–
covers
both
tangible
and
o Right
of
first
refusal
intangible
personal
property
+
assignment
of
credit
o When
one
of
the
parties
is
trying
to
enforce
over
P500.
the
delivery
to
him
of
3,000
sqm
of
land
• Lease
of
real
property
for
more
than
a
year
and
sale
which
he
claims
the
defendant
orally
of
real
property
or
an
interest
promised
to
do
in
consideration
of
her
o Lease
over
1
year
–
SoF
also
covers
service
as
mediator
in
effecting
compromise
renewals
of
lease
contract.
Alleged
verbal
of
certain
civil
case
since
such
contract
is
in
assurance
of
renewal
of
lease
is
no
sense
a
sale
of
real
property
inadmissible—unenforceable
under
SoF
o Wills
or
to
renunciation
or
partition
of
o Sale
of
real
property
–
to
be
enforceable
inheritance—not
contracts
of
conveyance
must
be
in
writing
and
subscribed
by
the
o Innominate
contract
party
charged
or
by
an
agent—a
contract
of
sale
of
realty
cannot
be
proven
by
means
of
Specific
contracts
covered
by
the
Statute:
witnesses
but
must
necessarily
be
• Agreements
not
to
performed
within
a
year
–
by
its
evidenced
by
written
instrument.
terms
is
not
to
be
performed
within
a
year
is
• Representation
as
to
credit
of
third
persons
–
must
required
to
be
in
writing
to
be
enforceable
under
have
been
made
by
a
stranger
to
the
contract
in
SoF.
which
credit
was
extended.
Representations
as
to
o Test:
Whether
under
its
own
terms,
the
credit
of
the
person
making
the
representation
performance
is
possible
with
a
year
from
are
not
within
SoF
the
making
of
the
contract—outside
SoF,
need
not
to
be
in
writing
to
be
enforceable.
Other
contracts
or
agreements
which
require
to
be
in
1
year
period
begins
to
run
from
the
day
some
form
to
be
enforceable—NOT
COVERED
by
SoF
the
contract
is
made.
• Express
trust
over
immovable—may
not
be
proved
o Applies
only
to
agreements
not
to
be
by
parol
evidence,
must
be
in
writing
to
be
performed
on
EITHER
side—agreements
to
enforceable.
Implied
trust
in
real
property
may
be
be
fully
performed
on
one
side
within
a
proved
by
oral
evidence.
year
are
taken
out
of
SoF.
• Agreement
of
payment
of
interest—no
interest
o Effect
of
partial
performance
–
must
appear
shall
be
unless
it
has
been
expressly
stipulated
in
clearly
that
the
full
performance
has
been
writing.
Verbal
agreement
may
not
be
enforced.
If
made
by
one
party
within
1
year,
as
borrower
pays
interest
voluntarily
even
without
otherwise,
the
statute
would
apply
stipulation,
payment
is
valid
and
creditor
is
• Special
promise
to
answer
for
debt
of
another
–
authorized
to
retain
the
payment
required
to
be
in
writing
or
to
be
evidence
be
some
note
or
memorandum
signed
by
the
promisor
to
be
Contracts
which
require
form
only
for
convenience:
enforceable
against
the
latter—guaranty
proper
Requirement
of
form,
Article
1358
–
only
for
and
suretyship
convenience,
not
validity
or
enforceability;
Non-‐
o Test:
whether
a
promise
is
within
the
compliance
with
formal
requisite
does
not
adversely
statute—whether
the
promise
is
an
original
affect
the
validity
of
the
contract
or
contractual
rights
or
a
collateral
one.
Original,
not
within
the
and
obligations
of
the
paries.
statute.
Collateral,
becomes
surety—
promise
must
be
in
writing
Effect
of
non-‐recording
of
the
instrument
–
Article
1358,
requires
embodiment
of
certain
contracts
in
a
public
instrument
(only
for
convenience),
and
registration
of
47
the
instrument
only
adversely
affects
third
parties.
agreement
which
frustrates
the
real
purpose
of
the
Formal
requirements
are
for
the
benefit
of
third
contract,
consent
is
vitiated.
Remedy
is
annulment.
persons
Requisites
of
mutual
mistake:
Contracts
required
to
be
in
a
public
document
for
• Mistake
of
fact
convenience:
• Should
be
proved
by
clear
and
convincing
• Acts
and
contracts
which
have
for
their
object
the
evidence
creation,
transmission,
modification
or
• Mistake
should
be
common
to
both
parties
extinguishment
of
real
rights
over
immovable
property.
Sales
of
real
property
are
under
SoF
Instances
where
instrument
MAY
be
reformed:
• Cession,
repudiation
or
renunciation
of
hereditary
• Mutual
mistake
causes
failure
of
instrument
to
rights
or
of
those
of
the
conjugal
partnership
of
disclose
real
agreement
gains
• One
party
is
mistaken
and
other
acted
• The
power
to
administer
property
or
any
other
fraudulently/inequitably
that
instrument
does
not
power
which
has
for
its
object
an
act
appearing
or
show
their
true
intention
which
should
appear
in
a
public
document
or
should
• One
party
was
mistaken
and
other
knew
or
believed
prejudice
a
third
person
that
instrument
did
not
state
real
agreement,
but
• Cession
of
actions
or
rights
proceeding
from
an
act
concealed
the
fact
from
the
former
appearing
in
a
public
document
• Through
ignorance,
lack
of
skill,
negligence
or
bad
faith
on
part
of
person
drafting
the
instrument,
the
Remedy
under
Article
1357
–
contracting
parties
may
instrument
does
not
express
true
intention
of
the
compel
each
other
to
observe
that
form
and
this
right
parties
may
be
exercised
simultaneously
with
the
action
upon
• Two
parties
agree
upon
the
mortgage
or
pledge
of
the
contract.
real
or
personal
property
but
instrument
states
that
Requisites:
property
is
sold
absolutely
or
with
right
of
• Contract
must
have
already
been
perfected
repurchase
• Contract
must
have
been
valid
as
to
form
• Contract
must
have
been
enforceable
under
SoF
Instances
where
instrument
MAY
NOT
be
reformed
• Mistake,
fraud,
inequitable
conduct
or
accident
has
REFORMATION
AND
CONTRACT
INTERPRETATION
prevented
meeting
of
the
minds—remedy
is
annulment
Concept,
reformation
–
remedy
in
equity,
written
• In
simple
donations
inter
vivos
where
no
condition
instrument
is
made
or
construed
so
as
to
express
or
is
imposed
conform
to
the
real
intention
of
the
parties.
It
would
be
• Wills
unjust
and
inequitable
to
allow
the
enforcement
of
a
• Real
agreement
is
void
written
instrument
which
does
not
reflect
or
disclose
• One
of
the
parties
brought
an
action
to
enforce
the
real
meeting
of
the
minds
of
the
parties.
instrument,
he
cannot
subsequently
ask
for
reformation
Requisites:
• Contract
is
unenforceable
because
failure
to
comply
• Meeting
of
the
minds
of
the
parties
to
the
contract
with
SoF
• Instrument
does
not
express
the
true
intention
of
the
parties
Effect
of
simulation
of
contracts
• Failure
of
the
instrument
to
express
the
true
intention
of
the
parties
is
due
to
mistake,
fraud,
Simulation
–
declaration
of
a
fictitious
will,
deliberately
inequitable
conduct
or
accident.
made
by
agreement
of
the
parties
in
order
to
produce
for
the
purpose
of
deception,
the
appearance
of
a
Effect
of
mutual
mistake
–
may
be
reformed
but
when
juridical
act
which
does
not
exist
or
is
different
from
mutual
error
relates
to
the
legal
effect
of
their
that
which
was
realy
executed.
48
Requisites:
Various
stipulations
construed
together
–
consistent
• Outward
declaration
of
will
different
from
the
with
the
parties’
contemporaneous
and
subsequent
will
of
the
parties
acts
as
regards
to
the
execution
of
the
contract.
• False
appearance
must
have
been
intended
by
Ambiguous
stipulations
should
be
construed
as
to
mutual
agreement
conform
to
the
sense
that
would
result
if
all
the
• Purpose
is
to
deceive
third
persons
provisions
were
comprehended
jointly
• Complementary-‐contracts-‐construed-‐together
Kinds
and
effect
of
simulation—
doctrine
–
an
accessory
contract
must
be
read
• Absolute
simulation
–
when
parties
do
not
have
any
in
its
entirety
and
together
with
the
principal
intention
to
be
bound
at
all,
void
or
inexistent.
agreement
Remedy
is
to
declare
the
contract
void
or
inexistent
• Relative
simulation
–
when
parties
simply
conceal
Other
rules
in
contract
interpretation:
their
true
agreement.
Remedy
is
reformation
when
• Contract
of
adhesion
–
if
there
are
ambiguities,
it
it
does
not
prejudice
a
third
person,
not
intended
should
be
construed
against
the
party
that
prepared
for
any
purpose
contrary
to
law,
morals,
good
it.
If
clear,
literal
meaning
must
be
held
controlling
customs,
public
order
or
public
policy
and
the
• Obscure
words
or
stipulations
–
to
be
interpreted
contract
binds
the
parties
to
their
real
agreement
against
the
party
who
cause
the
obscurity.
Ambiguities
are
interpreted
against
the
party
that
Who
may
demand
reformation—if
mistake
was
mutual,
cause
it,
party
that
drafted
and
caused
the
inclusion
either
party
or
his
successor-‐in-‐interest
may
demand.
If
of
the
subject
clause
mistake
was
not
mutual,
only
the
injured
party
or
his
• General
terms
exclude
things
that
are
distinct
–
heirs
and
assigns
may
demand.
Party
who
brought
an
shall
not
be
understood
to
include
things
that
are
action
to
enforce
cannot
subsequently
ask
for
distinct
and
cases
that
are
different
from
those
reformation.
upon
which
parties
intended
to
agree.
A
particular
intent
will
control
a
general
one
that
Is
inconsistent
Rules
in
Contract
Interpretation
with
it
• Words
having
different
significations
–
shall
be
Cardinal
rule
–
intention
of
the
contracting
parties
understood
in
sense
which
is
most
in
keeping
with
should
always
prevail
because
their
will
has
the
force
of
the
nature
and
object
of
the
contract
law
between
them.
• Usage
or
custom
–
shall
be
borne
in
mind
in
the
The
intention
of
the
parties
is
primordial
and
once
it
has
interpretation
of
the
ambiguities
and
shall
fill
the
been
ascertained,
the
element
is
deemed
as
an
integral
omission
of
stipulations
which
are
ordinarily
part
of
the
contract
as
though
it
has
been
originally
established
expressed
in
unequivocal
terms.
• In
case
doubt
is
not
resolved
by
other
rules
in
interpretations
When
terms
are
clear
–
literal
meaning
of
its
o If
gratuitous
–
interpretation
which
stipulations
shall
control
establishes
a
less
onerous
transmission
of
rights
and
interest
is
to
be
adopted
When
words
and
intention
are
in
conflict
–
intention
o If
onerous
–
interpretation
which
permits
shall
prevail
over
the
words
greater
reciprocity
of
interests
is
to
be
adopted
How
to
determine
intention
–
contemporaneous
and
subsequent
acts
shall
be
principally
considered.
Defective
contracts
• Rescissible
contracts
Principle
of
effectiveness
in
contract
interpretation
–
• Voidable
contracts
what
will
prevail
is
that
interpretation
which
is
most
• Unenforceable
contracts
adequate
to
render
the
contract
effective
• Void
and
Inexistent
contracts
49
Rescissible
Contracts
contract
and
mutually
inception—parties
are
not
• Remedy
granted
by
law
to
contracting
and
third
return
things
they
have
restored
to
original
parties
to
secure
reparation
of
damages
cause
by
a
received
under
it—In
legal
situation;
contract
is
not
contract,
even
if
it
should
be
valid
by
restoration
at
effect,
parties
have
simply
treated
as
if
it
never
the
moment
prior
to
the
celebration
of
the
entered
into
another
existed.
contract
for
dissolution
of
contract.
previous
one.
• Implies
that
even
if
a
contract
is
initially
valid,
it
Effects:
determined
by
Prior
termination,
parties
produces
a
lesion
or
pecuniary
damage
to
someone
agreement
of
parties
or
are
obliged
to
comply
with
application
of
other
legal
contractual
obligations.
Article
1911
(resolution)
Article
1381
principles
except
Article
They
will
be
released
from
Presupposes
a
valid
1385.
obligation
only
after
contract
contract
is
cancelled
Applicable
to
reciprocal
Subsidiary
action,
limited
Consequences
may
be
obligations;
arising
from
to
rescission
for
lesion
provided
for
in
the
the
same
cause
and
each
enumerated
in
article;
by
contract
and
shall
be
party
is
a
debtor
and
reason
of
economic
respected
by
the
courts
as
creditor
to
one
another
prejudice
long
as
not
contrary
to
Principal
remedy,
based
Cannot
be
instituted
law,
etc
on
breach
of
faith
that
except
when
party
*When
contract
is
rescined,
deemed
inexistent
and
violates
the
reciprocity
suffering
damage
has
no
parties
return
to
their
status
quo
ante—mutual
between
the
parties
other
legal
means
to
restitution
of
benefits
received.
obtain
reparation
Exclusively
applies
to
Cause
of
action
is
Rescissible
contracts
under
Article
1381:
reciprocal
obligations
subordinated
to
existence
of
a
prejudice
• Contracts
are
valid
and
enforceable
until
rescinded
Action
may
only
be
availed
Applies
to
all
kinds
of
by
competent
court
(Art
1380)
by
a
party
to
the
contract
obligation
from
contracts,
• While
valid,
they
cause
pecuniary
lesion
or
whether
reciprocal
or
not
prejudice
to
one
of
the
contracting
parties
or
to
a
Prescriptive
period
is
10
Action
may
be
availed
by
third
person
years
written
contracts
third
party
(Accion
• The
defect
may
not
be
cured
by
ratification
and
6
years
for
verbal
pauliana)
although
right
of
rescission
may
be
lost
by
contracts,
from
accrual
of
extinctive
prescription
right
of
action
• Defect
of
rescissible
contract
cannot
be
attacked
Court
has
discretionary
Prescriptive
period
is
4
collaterally.
Action
for
rescission
must
be
set
up
in
power
to
not
grant
years
from
accrual
of
right
independent
civil
action
and
only
after
full
blown
rescission
if
there’s
just
of
action
cause
for
fixing
the
period
trial.
Independent
civil
action
is
necessary
to
prove
for
performance
of
that
contract
is
rescissible.
obligation
Contract
is
not
defective
Court
has
no
discretionary
Requisites
for
rescission
to
prosper,
under
Art
1381
&
but
perfectly
valid
power
not
to
grant
1382:
rescission
as
long
as
any
of
• Action
must
originate
from
any
cause
specified
in
the
grounds
enumerated
Art
1381
&
1382
exist
• Party
suffering
damage
and
asking
rescission
has
no
Contract
is
classified
as
other
legal
means
to
obtain
reparation
for
damage
defective
suffered.
• Person
demanding
rescission
must
be
able
to
return
Rescission
VS
Mutual
Dissent
&
Termination
of
what
he
may
be
obliged
to
restore
if
rescission
is
Contracts
granted
by
court
Mutual
Dissent
Termination
of
contracts
Parties
agree
to
cancel
Deemed
invalid
at
50
• Object
of
the
contract
must
not
be
legally
in
the
Absolutely
simulated
Rescissible
contract
possession
of
third
persons
who
did
not
act
in
bad
contract
faith
No
existing
contract
Presupposes
existence
of
• Action
must
be
filed
within
4
years
from
accrual
of
contract
right
of
action
Can
be
attacked
by
any
Can
be
assailed
only
by
creditor
creditors
before
the
alienation
Specific
contracts
rescissible
under
Article
1381
and
Insolvency
not
a
pre-‐ Requires
insolvency
1382
requisite
• Contracts
by
guardian
in
behalf
of
ward
–
rescissible
Does
not
prescribe
4-‐year
prescription
whenever
the
latter
suffer
lesion
by
more
than
¼
of
the
value
of
object
Requisites
of
accion
pauliana
o If
contract
is
approved
by
court,
no
ground
• Plaintiff
asking
for
rescission
has
credit
prior
to
for
rescission
even
if
ward
suffers
lesion
to
alienation,
although
demandable
later
extent
provided
in
p1
of
Article
1381
• Debtor
made
subsequent
contract
conveying
o Sale
or
encumbrance
of
real
property
of
the
patrimonial
benefit
to
a
third
person
ward
must
be
with
prior
court
approval.
• Creditor
has
no
other
legal
remedy
to
satisfy
his
Guardian
has
no
authority
to
sell
real
estate
claim
of
his
ward
merely
by
his
general
powers—
• Act
being
impugned
is
fraudulent
considered
void,
even
when
ward
suffered
• 3rd
person
who
received
the
property,
if
onerous,
no
damage
has
been
an
accomplice
in
the
fraud
• Contracts
by
rep
in
behalf
of
absentee—whenever
• Conveyance
must
not
be
absolutely
simulated
the
latter
suffer
lesion
by
more
than
¼
of
the
value
of
object
Accion
pauliana
presupposes
judgment,
issuance
by
o If
contract
is
approved
by
court,
no
ground
trial
court
of
writ
of
execution
for
satisfaction
of
for
rescission
even
if
ward
suffers
lesion
to
judgment
and
failure
of
the
sheriff
to
enforce
and
extent
provided
in
p2
of
Article
1381
satisfy
the
judgment
of
the
court.
o Same
rules
as
above,
powers
and
obligations
of
such
legal
representatives
are
Existence
of
fraud
or
intent
to
defraud:
to
be
regulated
by
same
rules
concerning
• Fraud
presumed
in
following:
guardians
(Art
382)
o Alienation
of
property
by
gratuitous
title
by
• Contracts
in
fraud
of
creditors
–when
creditors
debtor
who
has
not
reserved
sufficient
cannot
collect
the
claims
due
them
in
any
manner.
property
to
pay
his
debts
contracted
before
Rescissory
action
is
also
known
as
accion
pauliana,
such
alienation
available
when
subject
matter
is
conveyance.
o Alienation
of
property
by
onerous
title
made
by
debtor
against
whom
some
v Accion
pauliana
–
subsidiary
remedy,
remedy
of
last
judgment
has
been
rendered
in
any
resort.
Successive
measures
must
be
taken
by
a
instance
or
some
writ
of
attachment
has
creditor
before
AP:
been
issued.
Decision
or
attachment
need
o Exhaust
properties
of
debtor
through
not
refer
to
property
alienated
and
need
levying
by
attachment
and
execution
upon
not
have
been
obtained
by
party
seeking
all
property
of
the
debtor,
except
those
rescission.
exempted
by
law
o Exercise
all
rights
and
actions
of
debtor
• SC
considered
these
instances
as
Badges
of
Fraud:
(accion
subrogatoria)
o Fact
that
consideration
of
the
conveyance
is
o Seek
recission
of
the
contracts
executed
by
fictitious
or
inadequate
debtor
in
fraud
of
their
rights
(accion
o Transfer
made
by
debtor
after
suit
has
pauliana)
begun
and
while
pending
against
him
o Sale
upon
credit
by
an
insolvent
debtor
51
o Evidence
of
large
indebtedness
or
complete
o RFR
need
not
be
written
to
be
enforceable
insolvency
and
may
be
proven
by
oral
evidence
o Transfer
of
all
or
nearly
all
his
property
by
o May
not
be
unilaterally
withdrawn
if
debtor
especially
when
he
is
insolvent
or
founded
on
consideration
–
stipulation
greatly
embarrassed
financially
forms
part
of
the
entire
lease
contract.
In
o Fact
that
transfer
is
made
between
father
entering
into
the
contract,
the
lessee
is
in
and
son,
when
there
are
present
other
of
effect
stating
that
it
consents
to
lease
the
the
above
circumstances
premises
and
to
pay
the
price
agreed
upon
o Failure
of
the
vendee
to
take
exclusive
provided
the
lessor
also
consents
that
possession
of
all
property
should
it
sell,
the
lessee
shall
be
given
the
right
to
match
the
offered
purchase
price
v Test
to
determine
whether
or
not
conveyance
is
and
to
but
the
property
at
that
price.
fraudulent—does
it
prejudice
the
rights
of
creditors?
To
be
considered
not
in
fraud:
v Distinguished
from
Option
o Valuable
consideration
o Option
would
require
a
clear
certainty
on
o Transaction
must
have
been
made
bona
both
the
object
and
the
cause
or
fide
consideration
of
the
envisioned
contract.
o Option
granted
to
the
offeree
is
for
a
fixed
v Right
of
first
refusal
–
contractual
grant,
not
of
the
period
at
a
determined
price.
Lacking
these
sale
but
of
first
priority
to
buy
the
property
in
the
two,
it’s
only
RFR.
event
the
owner
sells
the
same.
Considered
a
legal
duty—lessee
has
a
right
that
the
lessor’s
first
offer
• Contracts
relating
to
things
under
litigation
–
if
they
shall
be
in
his
favor
have
been
entered
into
by
the
defendant
without
the
knowledge
and
approval
of
the
litigants
or
of
v Effect
of
violation
–
contractual
grant,
enforceable
competent
judicial
authority.
o If
grantor
entered
into
contract
with
3rd
• Payments
made
in
state
of
insolvency
–
for
person
–
contract
of
sale
entered
into
in
obligations
to
whose
fulfillment
the
debtor
could
violation
of
a
right
of
first
refusal
of
another
not
be
compelled
at
the
time
they
were
effected
person
is
rescissble—in
fraud
of
the
creditor
• Other
contracts
specially
declared
by
law:
(p3
of
Art
1381)
Requisites
of
rescission
o Contract
of
partition
on
the
ground
of
must
occur
for
it
to
prosper.
lesion
§ If
third
party
acted
in
bad
faith— o In
case
one
of
the
obligors
in
a
reciprocal
rescission
obligation
should
not
comply
with
what
is
§ If
third
party
acted
in
good
faith— incumbent
upon
him
action
for
damages
o Contract
with
damages
if
through
the
o If
contract
in
violation
of
right
of
first
creditor’s
acts,
the
debtor
cannot
make
a
refusal
is
rescinded
–
grantor
may
now
be
choice
in
an
alternative
obligation
directed
to
comply
with
his
obligation
to
o Right
to
rescind
the
sale
by
the
unpaid
sell
the
property
to
the
grantee
under
the
seller
of
goods
same
terms
and
conditions
that
it
had
been
o Rescission
by
vendee
when
inferior
value
of
sold
to
a
3rd
person
the
real
estate
sold
exceeds
1/10
of
the
§ Reasonable
terms
and
conditions,
price
agreed
upon
or
lack
in
area
be
not
less
taking
into
account
the
fair
market
than
1/10
of
stated
or
when
vendee
would
value
of
property
at
the
time
it
was
not
have
bought
had
he
known
of
its
sold
smaller
area
or
inferior
quality
o RFR,
not
covered
by
Statute
of
Frauds
–
o Contract
of
sale
of
immovable
for
single
because
it
is
not
a
perfected
contract
of
sale
price
if
vendee
does
not
accede
to
the
of
real
property.
failure
to
deliver
what
has
been
stipulated
52
o Contract
of
sale
of
immovable
if
encumbered
with
non-‐apparent
burden
or
v Applicability
of
p1
of
Article
1385—only
applies
to
servitude
rescission
on
the
ground
of
lesion.
o Rescission
on
account
of
eviction
of
o Rescission
on
ground
of
fraud
can
have
no
substantial
portion
of
the
property
sold
or
obligation
on
part
of
plaintiff-‐creditor
to
loss
of
one
of
things
sold
jointly
for
a
lump
restore
anything
since
he
has
not
received
sum
anything.
o Contract
of
lease
if
either
the
lessor
or
the
lessee
should
not
comply
with
their
v Effect
if
object
is
now
in
possession
of
third
respective
obligations
persons—rescission
cannot
take
place
when
object
o Rescission
of
adoption
by
adopted
on
any
is
legally
in
possession
of
third
persons
who
did
not
grounds
in
Sec
19
of
RA
No.
8552
(Domestic
act
in
bad
faith.
Indemnity
for
damages
may
be
Adoption
Act)
demanded
instead.
o In
obligation
to
give,
if
subject
to
suspensive
o If
object
is
real
property—obstacle
to
the
condition,
the
thing
deteriorates
through
efficaciousness
of
the
action
for
rescission
fault
of
the
obligor
only
when
two
requisites
are
present
§ 3rd
person
is
in
lawful
possession—
v Commencement
of
Prescriptive
period:
protected
by
law
against
said
action
o For
contracts
by
guardians
in
behalf
of
by
registration
in
the
registry
of
ward:
4-‐year
period
begins
only
from
the
property
termination
of
the
ward’s
incapacity
§ he
did
not
act
in
bad
faith
o For
contracts
by
representatives
in
behalf
of
absentees:
4-‐year
period
begins
from
the
v Extent
of
rescission:
only
to
the
extent
necessary
to
time
the
domicile
of
absentee
is
known
cover
the
damage
caused.
o For
contracts
in
fraud
of
creditors:
accrues
only
when
the
creditor
discovers
that
he
Rescission
under
Article
1191:
has
no
other
legal
remedy
other
than
accion
• Statutorily
recognized
in
reciprocal
obligations.
pauliana.
When
obligor
fails
to
comply
with
a
reciprocal
obligation,
remedies
are:
v Effect
of
rescission:
o Specific
performance
o According
to
jurisprudence,
to
rescind
is
to
o Judicial
rescission
declare
void
in
its
inception
and
puts
an
end
• Article
1191
applies
only
to
reciprocal
obligations—
to
it
as
though
it
never
were—to
abrogate
it
must
be
performed
simultaneously
from
the
beginning
and
restore
the
parties
• Right
to
rescind
is
implied.
If
absent
of
any
provision
to
relative
positions
before
conception
of
in
the
contract,
parties
can
still
rescind.
The
right
contract
must
be
invoked
judicially
by
injured
party.
o CONTRA:
Not
void
ab
initio—until
set
aside
• Extra-‐judicial
rescission—not
prohibit
in
Article
in
appropriate
action,
it
is
legally
valid
and
1191.
In
contracts
with
automatic
revocation,
binding.
The
effects
of
rescission,
judicial
intervention
is
necessary
to
determine
prospective,
can
come
about
only
after
whether
or
not
the
rescission
was
proper.
If
proper,
proper
declaration.
decision
of
the
court
is
merely
declaratory
but
not
o According
to
NCC,
Rescission
creates
the
itself
the
revocatory
act.
obligation
to
return—object,
fruits,
price
• Not
an
absolute
right
–
will
only
be
ordered
where
with
interests.
Mutual
restitution
is
breach
is
substantial
as
to
defeat
the
object
of
the
required.
parties.
o Unmaking
of
a
contract,
or
its
undoing
from
o Courts
have
discretion
to
refuse
order
of
the
beginning
and
not
merely
its
rescission
if
there
is
a
just
cause
authorizing
termination.
the
fixing
of
period.
53
subject
to
prescription
or
statue
of
• Effects:
Article
1385
is
also
applicable
to
Article
limitations
1191—mutual
restitution
is
also
required.
o Can
be
assailed
only
in
a
direct
proceeding
for
that
purpose,
not
• Article
1191
does
not
apply
to
contract
to
sell—no
collaterally
rescission
to
an
obligation
that
is
non-‐existent,
considering
that
suspensive
condition
has
not
yet
Annulment
–
reduce
to
nothing,
annihilate,
obliterate,
happened.
to
make
void
or
of
no
effect,
to
nullify,
to
abolish
or
to
o In
contract
to
sell,
title
remains
with
the
do
away
with.
vendor
under
it
is
paid
in
full—positive
suspensive
condition.
Annulled
contract
presupposes
that
it
subsists
but
later
o Failure
to
pay
is
not
a
mere
breach
but
a
ceases
to
have
a
legal
effect
when
terminated
through
situation
that
prevents
the
obligation
of
court
action.
Judgment
of
the
court
produces
invalidity
vendor
to
convey
title
from
acquiring
an
of
the
contract
obligatory
force
Distinguished
from
nullity
of
void
contracts:
Null
and
• Effect
of
breach
by
both
parties:
void
means
does
not
exist
from
the
beginning.
Void
o If
first
infractor
can
be
determined:
he
is
contract
=
invalid
from
the
beginning.
Court
is
simply
liable
while
second
infractor
is
not
liable
for
declaring
status
that
already
exists
from
the
beginning.
damages
at
all
o If
first
infractor
cannot
be
determined:
Annulment
Rescission
obligation
is
deemed
extinguished
and
each
Declares
inefficacy
Produces
inefficacy
shall
bear
his
own
damages.
Defect
is
intrinsic
Defect
is
extrinsic
Annullability
is
based
on
Rescissibility
is
based
on
Voidable
Contracts
law
equity
• Contract
is
voidable
when
all
essential
Not
just
a
remedy
but
a
Merely
a
remedy
sanction
requisites
are
present
but
the
element
of
Direct
influence
of
public
Private
interests
consent
is
defective
because
of
want
of
capacity
interests
predominates
to
contract
with
respect
to
one
of
the
parties
or
Annullable
even
if
no
Not
rescissible
when
because
of
vitiation
of
consent
by
mistake,
damage
or
prejudice
there’s
no
damage
or
violence,
intimidation,
undue
influence
or
prejudice
fraud.
Nullity
based
on
vice
Compatible
with
the
• Characteristics:
which
invalidates
consent
perfect
validity
of
the
o Valid
and
binding,
produces
all
civil
contract
effects
until
set
aside
by
final
judgment
Susceptible
of
ratification
Cannot
be
ratified
of
competent
court
for
annulment
of
May
be
invoked
only
by
May
be
invoked
by
action
contracting
parties
contracting
party
or
o Suffers
from
a
defect—vitiation
of
prejudiced
third
persons
consent
by
reason
of
want
of
capacity,
*Both
are
identical
in
that
they
render
the
contract
error,
violence,
intimidation,
undue
inefficacious
influence
or
deceit
o May
be
rendered
perfectly
valid
by
Requisites
to
file
action
for
annulment,
either:
ratification
(express
or
implied),
such
as
• The
party
obliged
principally
or
subsidiarily
in
the
by
accepting
and
retaining
the
benefits
contract
which
he
seeks
to
annul
of
a
contract
o Exception:
person
who
is
not
obliged
may
o Susceptible
of
convalidation
by
exercise
an
action
for
annulment
if
he
is
prescription—action
for
annulment
is
prejudiced
in
his
rights
with
respect
to
one
of
the
contracting
parties
or
he
can
show
54
detriment
that
positively
result
him
from
the
contract
in
which
he
has
no
Exception:
Mutual
error
as
to
legal
effect
of
an
intervention
agreement
when
real
purpose
of
the
parties
is
• Party
suffering
from
incapacity
to
give
consent
or
frustrated
may
vitiate
consent,
with
the
following
the
victim
of
intimidation,
violence,
undue
influence
requisites
be
present:
fraud
or
mistake.
Persons
who
are
capable
cannot
• Mistake
must
be
with
respect
to
legal
effect
of
allege.
an
agreement
• Mistake
must
be
mutual
Prescriptive
period
of
action
for
annulment:
4
years
• Real
purpose
of
the
parties
must
have
been
from—
frustrated
• In
cases
of
intimidation,
violence
or
undue
influence—the
time
the
defect
of
the
contract
Fraud
–
insidious
words
or
machinations
that
induce
the
ceases
other
party
to
enter
into
a
contract,
without
which
they
• In
cases
of
mistake
or
fraud—the
time
of
discovery
would
not
have
agreed—determining
cause
or
must
of
the
same
have
caused
the
consent
to
be
given.
• In
cases
of
incapacity
to
give
consent—the
time
Fraud
referred
to
is
causal
fraud
or
dolo
causante—
guardianship
ceases
employed
by
one
of
the
parties
in
order
to
secure
the
consent
of
the
other.
Grounds
for
annulment—contracts
are
Consent
may
be
vitiate
by
fraud,
it
is
essential
that
the
voidable/annullable
even
when
there’s
no
damage
to
following
requisites
must
concur:
the
contracting
parties
when:
• Employed
by
one
of
the
contracting
parties
upon
• One
of
the
parties
is
incapable
of
giving
consent
to
a
the
other
contract
o Misrepresentation
by
third
person
does
not
• Consent
is
vitiated
by
mistake,
violence,
vitiate
consent
unless
such
intimidation,
undue
influence
or
fraud
misrepresentation
has
created
substantial
v Only
one
of
the
parties
is
incapable,
contract
is
mistake
and
same
is
mutual
merely
voidable
• Induced
the
other
party
to
enter
into
the
contract
v Both
parties,
contract
is
unenforceable
o If
not
determining
cause,
merely
incidental—obliges
the
person
employing
it
Effect
of
vitiation
of
consent
to
pay
damages,
may
not
make
contract
• Through
mistake,
violence,
intimidation,
undue
voidable
influence
or
fraud—voidable.
Defects
of
the
will,
• Serious
impairs
the
freedom,
intelligence,
spontaneity
and
• Resulted
damage
and
injury
to
the
party
seeking
voluntariness
of
the
parties
in
giving
consent
annulment
Mistake
or
error
–
may
invalidate
consent
if
it
refers
to
v Silence
or
concealment
does
not
constitute
fraud
either:
unless
• Object
of
the
contract
o There’s
special
duty
to
disclose
facts
and
• Conditions
which
have
principally
moved
one
or
when
parties
are
bound
by
confidential
both
parties
to
enter
contract
relations
• Mistake
as
to
identity
or
qualifications
of
one
of
the
o According
to
good
faith
and
usages
of
parties—only
when
it’s
the
principal
cause
of
the
commerce,
communication
should
be
made
contract.
v Usual
exaggerations
in
trade,
when
other
party
can
A
simple
mistake
of
account—correction
know
the
facts,
are
not
fraudulent
v Mere
expressions
of
opinion
does
not
signify
fraud
Mistake
includes
ignorance—lack
of
full
and
correct
unless
made
by
an
expert
and
other
party
has
relied
knowledge
about
the
thing
but
it
should
only
be
with
on
the
former’s
special
knowledge
respect
to
mistake
of
facts,
not
law.
55
Burden
of
proof
in
case
of
mistake
or
fraud
General
rule:
whoever
alleges
must
substantiate
his
Undue
influence
–
improper
advantage
of
his
power
allegation.
It’s
presumed
that
a
person
takes
ordinary
over
the
will
of
another,
depriving
the
latter
of
a
case
for
his
concerns
and
that
private
transactions
have
reasonable
freedom
of
choice.
Following
should
be
been
fair
and
regular
considered:
confidential,
family,
spiritual
and
other
Exception:
Illiterate
or
cannot
read
nor
understand
the
relations
between
the
parties
or
the
fact
that
person
language—burden
is
on
the
party
interested
in
alleged
to
have
been
unduly
influenced
was
suffering
enforcing
the
contract.
Otherwise,
mistake
or
fraud
is
from
mental
weakness,
ignorant
or
in
financial
distress.
presumed.
Requisites
of
annulment
based
on
undue
influence:
Requirement
for
application
of
Article
1332—before
it
• A
person
who
can
be
influenced
can
be
invoked,
it
must
be
established
that
• The
fact
that
improper
influence
was
exerted
disadvantaged
party
is
unable
to
read
or
understand
the
• Submission
to
the
overwhelming
effect
of
such
contract.
Party
invoking
has
the
burden
of
proving
that
unlawful
conduct
he
is
really
unable
to
read
or
understand.
Only
after
it
has
been
proved
will
the
burden
of
proving
the
terms
of
Influence
obtained
by
persuasion,
argument
or
by
contract
be
shifted
to
the
party
enforcing
the
contract.
appeal
is
not
prohibited
either
in
law
or
morals,
and
not
v If
party
enforcing
contract
failed
to
prove,
obnoxious
even
in
courts
of
equity.
contract
is
considered
voidable
and
not
void
and
inexistent
Effects
of
Annulment:
Mutual
restitution
–
parties
should
be
restored
to
their
Intimidation
–
one
of
the
contracting
parties
is
original
position
by
mutual
restitution.
As
long
one
of
compelled
by
a
reasonable
and
well-‐grounded
fear
of
the
contracting
parties
does
not
restore
what
he
is
an
imminent
and
grave
peril
upon
his
person
and
bound
to
return,
the
other
cannot
be
compelled
to
property,
or
his
spouse,
descendants,
ascendants
comply
with
what’s
incumbent
upon
him.
Exception:
when
defect
in
contract
consists
in
the
Requisites
–
intimidation
may
vitiate
consent:
incapacity
of
one
of
the
parties,
incapacitated
person
is
• Intimidation
must
be
the
determining
cause
or
must
not
obliged
to
make
any
restitution
except
insofar
as
he
have
cause
the
consent
to
be
given
has
been
benefitted
by
the
thing
or
price
he
received.
• Threatened
act
be
unjust
or
unlawful
• Threat
be
real
and
serious—evident
disproportion
In
obligations
to
give:
parties
to
restore
to
each
other
between
evil
and
resistance
the
object
of
the
contract,
fruits
and
price
with
its
• Produces
reasonable
and
well-‐grounded
fear— interest
person
that
intimidated
must
have
necessary
means
In
obligations
to
do:
value
of
service
shall
be
the
basis
or
ability
to
inflict
threatened
injury
for
damages
v Threat
to
enforce
one’s
claim
through
competent
Effect
of
loss
of
object
of
the
contract
authority,
if
the
claim
is
just
or
legal,
does
not
• If
lost
by
person
who
has
right
to
annul
vitiate
consent.
o Through
his
fraud
or
fault
–
action
for
annulment
is
extinguished,
even
if
at
the
Violence
–
serious
irresistible
force
is
employed.
When
time
of
the
loss
the
plaintiff
was
still
merely
serious
and
not
irresistible,
there
is
still
suffering
from
incapacity
violence—consent
is
not
free.
o Without
his
fraud
or
fault
–
contract
may
still
be
annulled
if
plaintiff
offers
to
pay
the
If
employed
by
a
third
person—may
still
vitiate
consent
value
of
the
object
as
substitute
for
itself
and
may
render
contract
voidable.
Misrepresentation
of
but
without
obligation
to
pay
interest
third
person
does
not
vitiate
consent,
unless
such
has
• If
lost
by
person
obliged
to
return
the
object
created
substantial
mistake
and
the
same
is
mutual.
56
o Through
his
fault
–
return
fruits
received
Characteristics
and
value
of
the
thing
at
the
time
of
loss,
• Valid
contracts
but
cannot
be
enforced
by
proper
with
interest
from
same
date
action
in
court
o Without
his
fault
–
action
for
annulment
is
• Susceptible
of
ratification
not
extinguished,
shall
pay
the
value
of
the
• Defect
is
of
permanent
nature
and
will
exist
as
long
thing
at
the
time
of
loss
but
without
as
the
contract
is
not
duly
ratified.
interest
o Mere
lapse
of
time
cannot
give
efficacy
to
such
contract
Ratification
or
confirmation
–
efficacy
is
given
to
a
o Defect
cannot
be
cured
except
by
contract
that
suffers
from
a
vice
of
curable
nullity
subsequent
ratification
• Cannot
be
assailed
by
third
persons
Requisites:
• Contract
has
all
the
essential
requisites
but
it
is
Contracts
made
without
or
in
excess
of
authority
tainted
with
a
vice
which
is
susceptible
of
being
Status:
unenforceable
unless
ratified,
expressly
or
cured
impliedly,
by
the
person
on
whose
behalf
it
has
been
• Effected
by
a
person
who
is
entitled
to
do
so
executed,
before
it
is
revoked
by
the
other
contracting
under
law.
Party
who
has
right
to
ratify
=
party
party.
who
has
the
right
to
bring
action
for
annulment.
• Contract
entered
into
by
one
in
behalf
of
Although
ratification
may
be
effected
by
another
without
authority
is
made
without
guardian
of
incapacitated
person.
Conformity
of
consent
of
the
latter—enforceable,
subject
to
the
contracting
party
who
has
no
right
to
bring
ratification.
Even
if
alleged
principal
did
not
action
for
annulment
is
not
required
ratify
made
in
his
behalf
without
authority
• Effected
with
the
knowledge
of
the
vice
or
• CONTRA:
legal
capacity
of
parties
is
an
essential
defect.
Knowledge
of
its
existence
must
be
element
for
the
existence
of
a
contract
because
known
to
parties
before
ratifying
it
is
an
indispensable
condition
for
the
existence
• Cause
of
the
nullity
or
defect
should
have
of
consent.
Legal
capacity
presupposes
consent.
already
disappeared
o COMMENT:
In
Delos
Reyes
v
CA,
contract
is
declared
void
because
of
Manner
of
effecting
ratification
–
expressly
or
tacitly— failure
to
comply
with
the
formalities
of
necessarily
implies
intention
to
waive
the
right
to
annul,
Article
1874,
not
merely
because
of
the
such
as
accepting
and
retaining
the
benefits
of
a
absence
of
consent
of
the
alleged
contract
principal.
Effects
of
ratification
–
cleanses
the
contract
from
all
its
Article
1403(1)
does
not
apply
to
sale
of
parcel
of
land—
defects
from
the
moment
it
was
constituted—thereby
Article
1874
requires
authority
of
agent
to
be
in
writing
extinguishing
the
action
to
annul
a
voidable
contract.
in
case
of
sale
of
parcel
of
land,
otherwise,
sale
is
void.
Unenforceable
Contracts
• Unenforceable
contracts
cannot
be
sued
upon
or
• Sale
or
encumbrance
of
real
property
of
ward
or
enforced
by
a
proper
court
action,
unless
ratified.
absentee
by
their
guardians
or
legal
reps
–
must
be
with
prior
court
approval.
Without
authority
from
Kinds
the
court,
it
is
considered
void.
• Those
entered
into
in
the
name
of
another
person
by
one
who
has
no
authority
or
legal
representation
v Contracts
where
both
parties
are
incapacitated
or
who
acted
beyond
his
powers
o Effect
of
incapacity
to
give
consent
–
only
• Those
that
do
not
comply
with
the
Statute
of
Frauds
one
of
the
parties
is
incapable,
merely
• Those
where
both
parties
are
incapable
of
giving
voidable;
both
parties,
unenforceable
consent
to
a
contract
o Effect
of
ratification
in
a
contract
which
is
unenforceable
because:
57
§ Both
parties
incapable
of
consent
• Intention
of
the
parties
relative
to
the
principal
with
express
or
implied
ratification
object
cannot
be
ascertained
by
parent
or
guardian
of
one
of
the
contracting
parties
shall
give
the
Requisites,
void
contracts:
contract
the
same
effect
as
if
only
• Cause,
object
or
purpose
is
contrary
to
law,
morals,
one
of
them
were
incapacitated— good
customs,
public
order
or
public
policy
contract
becomes
voidable.
o Motive
may
be
regarded
as
causa
when
it
§ If
the
ratification
is
made
by
the
predetermines
the
purpose
of
the
object
parents
or
guardians
of
both
• Object
is
outside
the
commerce
of
men
contracting
parties—contract
shall
• Contemplates
an
impossible
service
be
validated
from
the
inception.
• Expressly
prohibited
or
declared
void
by
law
Void
and
Inexistent
Contracts
When
nullity
proceeds
from
illegality
of
cause
of
object:
• Act
constitutes
a
criminal
offense—following
rules
Void
Inexistent
shall
be
observed:
Perfected,
complete
Does
not
exist,
any
o Where
both
parties
are
in
pari
delicto—
essential
requisites
but
essential
requisite
is
shall
have
no
cause
of
action
against
each
contract
is
invalid
from
its
wanting
other,
both
shall
be
prosecuted
inception
o Where
only
one
of
the
parties
is
guilty—
Pari
delicto
is
applicable
Pari
delicto
is
not
innocent
party
may
claim
what
he
has
applicable
Eventually
produce
legal
Cannot
produce
any
effect
given,
shall
not
be
bound
to
comply
with
his
effects
if
principle
is
whatsoever
promise
applied
• Act
does
not
constitute
a
criminal
offense—
A
contract
which
is
direct
following
rules
shall
be
observed:
result
of
a
previous
illegal
o Both
parties
are
at
fault—neither
may
contract
is
also
void
and
recover
what
he
has
given,
or
demand
the
inexistent
performance
of
the
other’s
undertaking
o When
only
one
is
at
fault—one
at
fault
Characteristics
of
Void
and
Inexistent
contracts
cannot
recover
what
he
has
given
or
ask
for
• Not
susceptible
of
ratification
the
fulfillment
of
what
has
been
promised.
• Nullity
of
these
contracts
is
definite
and
cannot
be
The
other,
who
is
not
at
fault,
may
demand
cured
by
ratification
return
of
what
he
has
given
without
any
• Nullity
is
permanent
obligation
to
comply
with
his
promise.
• Right
to
setup
defense
of
inexistence
or
absolute
nullity
cannot
be
waived
or
renounced
Pari
delicto
rule:
• Action
or
defense
for
declaration
of
the
inexistence
• In
void
contracts,
nullity
proceeds
from
the
illegality
or
absolute
nullity
does
not
prescribe—defect
is
of
the
cause
or
purpose
of
contract,
whether
facts
permanent,
mere
lapse
of
time
cannot
give
efficacy
constitute
offense
or
misdemeanor
or
whether
• Inexistence
or
absolute
nullity
cannot
be
invoked
by
consideration
involved
is
merely
rendered
illegal,
person
whose
interests
are
not
directly
affected
two
parties
are
equally
at
fault,
law
leaves
them
as
they
are
and
denies
recovery
by
either
one
of
Requisites,
inexistent
contracts:
them—no
affirmative
relief
will
be
given
to
both
• Absolutely
simulated
or
fictitious—lacks
valid
• Applicability:
rule
applies
to
cases
where
nullity
consent,
contract
is
non-‐existent
arises
from
the
illegality
of
consideration
or
• Cause
or
object
did
not
exist
at
the
time
of
purposes
of
contract.
Rule
DOES
NOT
apply
when
transaction—does
not
produce
any
effect,
contract
is
inexistent—absolutely
simulated
inexistent
and
void
from
the
beginning.
contract.
Same
rule
in
criminal
law.
o Exceptions,
pari
delicto
does
not
apply:
58
o Interest
paid
in
excess
of
allowed
by
usury
o If
contract
has
been
executed—action
to
laws
may
be
recovered
by
debtor,
with
declare
the
non-‐existence
of
contract
can
interest
from
date
of
payment
be
maintained
for
the
purpose
of
o When
money
is
paid
or
property
delivered
recovering
what
has
been
given.
Although
for
an
illegal
purposes—contract
may
be
void,
when
any
of
its
terms
have
been
repudiated
by
one
of
the
parties
before
performed
an
action
to
declare
its
accomplishment
or
damage
has
been
inexistence
is
necessary
to
allow
restitution.
caused
to
third
persons.
When
public
Action
does
not
prescribe
according
to
interest
subserved,
courts
may
allow
the
(Article
1410)
party
repudiating
the
contract
to
recover
the
money
or
property
Effect
of
declaration
of
nullity
or
inexistence
o Where
one
of
the
parties
to
an
illegal
• General
rule—since
contracts
produce
no
effect,
contract
is
incapable
of
giving
consent— parties
are
entitled
to
recover
what
they
may
have
court
may
allow
recovery
of
money
or
been
given
in
an
action
to
declare
its
absolute
property
delivered
by
incapacitated
person
nullity
or
inexistence
o When
agreement
is
not
illegal
per
se
but
• Exception:
No
right
to
recover
when—
prohibited—designed
for
the
protection
of
o Pari
delicto
is
applicable
plaintiff,
if
public
policy
is
thereby
o When
action
is
declared
to
be
barred
by
enhanced,
he
may
recover
what
he
has
paid
laches.
or
delivered.
(Pari
delicto
is
held
inapplicable
only
where
the
same
violates
a
well
established
public
policy)
o When
price
of
any
article
or
commodity
is
determined
by
statute
or
law,
any
person
paying
excess
amount
may
recover
o When
law
fixes
or
authorizes
fixing
of
maximum
number
of
hours
of
labor—
laborer
may
demand
additional
compensation
for
service
rendered
beyond
time
limit
o When
law
sets
or
authorizes
setting
of
a
minimum
wage
for
laborers
and
contract
is
agreed
upon
where
laborer
accepts
a
lower
wage,
he
shall
be
entitled
to
recover
the
deficiency.
Effect
of
declaration
of
absolute
nullity
or
inexistence
of
the
contract:
• Need
for
filing
of
an
action—no
need
of
action
to
set
aside,
such
action
cannot
logically
exist
though
it
can
be
maintained
then
plaintiff
may
recover
what
he
has
given
by
virtue
of
that
contract.
o If
contract
is
fully
executor—no
party
need
to
bring
an
action
to
declare
nullity.
If
any
party
should
bring
action
to
enforce
it,
other
party
can
setup
the
nullity
as
a
defense
59