| Legal responsibility for the payment to an agreed third-party due to the violation of civil law | CIVIL LIABILITY |
| Liability imposed by the court against a person who violates the civil law | CIVIL LIABILITY |
| law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other | Civil Law |
| civil liability - Deals more on ________and has nothing to do with the state or government | private individuals |
| civil liability - Comes with ______ instead of imprisonment like in criminal law | monetary compensation |
| LEGAL BASIS OF CIVIL LIABILITY: Every person must, in the exercise of his rights and in the performance of his duties, act with _____, give everyone his due, and observe ____ and ____ (Human Relations) | justice; honesty; good faith |
| Legal basis of civil liability is based on | human relations |
| LEGAL BASIS OF CIVIL LIABILITY: Those who in the performance of their obligations are guilty of ____,_____,_____, and those who in any manner contravene the tenor thereof, are liable for damages | fraud, negligence, or delay |
| LEGAL BASIS OF CIVIL LIABILITY: In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that were the _______consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted | natural and probable |
| LEGAL BASIS OF CIVIL LIABILITY: In cases of ___,____,____,_____, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation | fraud, bad faith, malice, or wanton (improper) attitude |
| EXTINCTION OF CIVIL LIABILITY:extinguished in the same manner as other obligations | Extinction of Civil Liability |
| Extinction of Civil Liability - other obligations | payment, novation, confusion, condonation |
| Pagmay utang ka and namatay ka, will it survive? | Yes until your estate. If no estate then it will die with you |
| EXTINCTION OF CIVIL LIABILITY:the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason | Obligation to Satisfy Civil Liability |
| forgiveness of a criminal offense granted by the head of the state or President; | Amnesty/Pardon |
| persons with criminal offenses shall still _____ after serving time in imprisonment | pay civil liability |
| A juridical necessity to give, to do, or not to do | OBLIGATIONS |
| SOURCES OF OBLIGATION: Obligations arising from __ are not presumed; Sa ayaw at gusto mo | law |
| SOURCES OF OBLIGATION:Only those expressly determined in the Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them | law |
| Only those expressly determined in the ___________ are demandable, and shall be regulated by the precepts of the law which establishes them | Civil Code or in special laws |
| SOURCES OF OBLIGATION: Example: Taxation Law, Family Law | law |
| tax statutes imposing a legal obligation to pay taxes and tax payers obligations is primarily governed by the guideline of such law | taxation law |
| imposed a legal duty for spouses to mutually support each other | family law |
| The legal duty of parents to provide their children’s basic needs, such as food, education, health and others | family law |
| SOURCES OF OBLIGATION:Obligations arising from _____have the force of law between the contracting parties and should be complied with in good faith | Contracts |
| SOURCES OF OBLIGATION: stipulations of the ____ by the parties must not be contrary to law, morality, good customs, public order, and public policy | Contracts |
| TRUE OR FALSE: All contracts are agreement and all agreements are contracts | FALSE |
| In contracts, the terms and conditions must not be contrary to | law, morality, good customs, public order, and public policy |
| TRUE OR FALSE: contracts are actionable | TRUE |
| stipulations of the contract: deals with what is right and what is wrong; Norms of good and right conduct | Morality |
| stipulations of the contract: Governs the private personal interactions of people | Morality |
| governs the professional interactions of people | Ethics |
| stipulations of the contract:generally accepted principles of morality which have received some social and practical recognition in the community for so long | Good Customs |
| stipulations of the contract: Examples: honesty, trustworthiness, truthfulness, morals | Good Customs |
| stipulations of the contract:the safety and order of the community in order to maintain peace; examples are obeying traffic rules | Public Order |
| stipulations of the contract:seeks to define issues and implement strategies to produce positive results for the general public | Public Policy |
| stipulations of the contract: System of law or regulatory measures to make the society lead a better life and to maintain delivery of goods and services | Public Policy |
| breach of contract is also called | CULPA CONTRACTUAL |
| SOURCES OF OBLIGATION: “no one shall be unjustly enriched or benefited at the expense of another | Quasi-contracts |
| SOURCES OF OBLIGATION: giving rise to an obligation to deliver a thing or render a service | Quasi-contracts |
| A ____ as basis of quasi-contract giving rise to an obligation to deliver a thing or render a service | presumptive consent |
| SOURCES OF OBLIGATION: Example: a seriously ill treated or helped by a doctor while NOT in a condition to give consent to a contract, he shall be liable to pay for the service of the doctor or other persons aiding him, unless the service has be rendered out of generosity | Quasi-contracts |
| SOURCES OF OBLIGATION: A patient who mistakenly pays more to the dentist for dental services rendered to him than what he should really pay can recover the excess | Quasi-contracts |
| A quasi-contract is also termed as | solutio indebita |
| SOURCES OF OBLIGATION: Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged | Acts or Omissions Punishable by Law (Delicts) |
| SOURCES OF OBLIGATION: The offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason | Acts or Omissions Punishable by Law (Delicts) |
| liability of delicts are celled | CULPA CRIMINAL |
| Negligible act/ commission arising from criminal act | CULPA CRIMINAL |
| TRUE OR FALSE: All that are criminally liable are also civilly liable even If the person was convicted of a crime and has to stay in jail for 10 years or even life imprisonment | TRUE |
| SOURCES OF OBLIGATION: Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done | Quasi-Delicts (TORTS) |
| SOURCES OF OBLIGATION: Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called | Quasi-Delicts (TORTS) |
| SOURCES OF OBLIGATION: Dental negligence falls under this category, wherein there is no intent but still caused damage | Quasi-Delicts (TORTS) |
| LIABILITY OF TORTS/ QUASI DELICS IS CALLED | CULPA AQUILIANA |
| KINDS OF OBLIGATIONS:The performance of this obligation does not depend upon a condition | Pure Obligation |
| KINDS OF OBLIGATIONS:Is demandable at once | Pure Obligation |
| KINDS OF OBLIGATIONS:Example: patient’s payment to dental service | Pure Obligation |
| KINDS OF OBLIGATIONS:PARENTS TO SUPPORT THEIR CHILDREN | Pure Obligation |
| KINDS OF OBLIGATIONS:The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition | Conditional Obligation |
| Conditional Obligation:that which gives birth to the obligation; obligation happens only upon the happening of this event | Suspensive Condition |
| Conditional Obligation:Example: a patient goes to a dentist for ortho treatment and promises to pay the dentist’s services/ fees as soon as his upper anterior teeth be treated well to the effect that his anterior teeth will occlude normally | Suspensive Condition |
| Conditional Obligation:A will give house and lot to B pag nag asawa sila; I will give a car when you graduate as a dentist by 2025 | Suspensive Condition |
| Conditional Obligation:that which results to the loss or extinguishment of an obligation | Resolutory Condition |
| Conditional Obligation:Example: your parents tell you to give you an extra or additional allowance in school until you graduate from your dentistry course. | Resolutory Condition |
| Conditional Obligation:I will support you until you finish your studies; while you are studying there is an obligation of your parents to support you pero pagnag graduate na wala na | Resolutory Condition |
| KINDS OF OBLIGATIONS:Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes | Obligation with a Period |
| KINDS OF OBLIGATIONS: Example: your parents tell you that they will buy you a car but that will happen only on your first birthday that comes after you pass the dentist’s board examinations | Obligation with a Period |
| KINDS OF OBLIGATIONS:A person alternatively bound by different prestations shall completely perform one of them | Alternative Obligations |
| KINDS OF OBLIGATIONS:The creditor cannot be compelled to receive part of one and part of the other undertaking; The right of choice belongs to the debtor unless it has been granted to the creditor | Alternative Obligations |
| KINDS OF OBLIGATIONS:Example: mario is obliged to pay his dentist for services rendered to him with P2,000 or 2 cavans rice, He can fulfill his obligation by the performance of either od the two conditions. But he cannot compel the dentist to receive payment P1,000 and 1 cavan rice unless the dentist agrees to this condition | Alternative Obligations |
| KINDS OF OBLIGATIONS:“to each his own”; kaniya-kaniyang bayad; pro-rata, proportionate | Joint Obligations |
| KINDS OF OBLIGATIONS:Example: two people’s debt is 1,000, they pay 500 each to the creditor | Joint Obligations |
| KINDS OF OBLIGATIONS:“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value | Solidary Obligations |
| KINDS OF OBLIGATIONS:Example: two people’s debt is 1,500. A pays the whole 1,500 to the creditor, and asks B to reimburse 750 which is their equal share of the obligation | Solidary Obligations |
| KINDS OF OBLIGATIONS:Obligations to give definite things and those which are not susceptible of partial performance | Indivisible Obligation |
| KINDS OF OBLIGATIONS:Example: patient does not have enough money for extraction of a tri-rooted molar; thus wants to only extract one root; this is not possible as extraction of multi-rooted teeth cannot be done singularly, | Indivisible Obligation |
| KINDS OF OBLIGATIONS:Delivery or performance is susceptible of division or partial performance | Divisible Obligation |
| KINDS OF OBLIGATIONS:Example: patient has multiple root fragments which can be extracted one at a time | Divisible Obligation |
| KINDS OF OBLIGATIONS: the penalty shall substitute the indemnity for damages | Obligations with a Penal Clause |
| KINDS OF OBLIGATIONS:If I will not pay my obligation on this date, pwede mo ako idemanda; and may inagree kayong penalty; hindi lang isa, pero both of you, kung sino mag magshort sa obligation niya, the penalty will be imposed on those that breach the contract | Obligations with a Penal Clause |
| KINDS OF OBLIGATIONS:Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation | Obligations with a Penal Clause |
| KINDS OF OBLIGATIONS:Example: a patient is obliged to pay 2,000 pesos; if he fails to do so, he must give just substitute i.e., 50kg of rice | Obligations with a Penal Clause |
| KINDS OF OBLIGATIONS:: Mario is obliged to pay his dentist for services rendered to him with P2,000. If Mario fails to do so, he must give 2 cavans of rice | Obligations with a Penal Clause |
| an accessory obligation to assume the responsibility if there is non-performance | Penal Clause |
| KINDS OF OBLIGATIONS:one which gives a right of action to compel their performance; all contracts are civil obligations | Civil Obligations |
| KINDS OF OBLIGATIONS:not based on positive law but on equity and natural law | Civil Obligations |
| TRUE OR FALSE: contracts may give rise to civil obligations, agreements may not give rise to civil obligations | TRUE |
| KINDS OF OBLIGATIONS:not based on positive law but on equity and natural law | Natural Obligations |
| KINDS OF OBLIGATIONS:e.g. if you are following an old woman na mabigat yung karga, it is your obligation to help; if you violate walang kaso | Natural Obligations |
| KINDS OF OBLIGATIONS:Do not grant a right of action to enforce its performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof | Natural Obligations |
| KINDS OF OBLIGATIONS:Example: paying an interest of money for loans even if no agreement was formed | Natural Obligations |
| KINDS OF OBLIGATIONS:Example: Example: obligation to pay dentist’s consultation fee/ professional fee even od not agreed upon in writing. Obligation pay interest of money, even if not agreed upon in money | Natural Obligations |
| means the realization of the purpose of the obligation | PERFORMANCE |
| In the obligation “to give”, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the ____ | specific thing |
| In the prestation “to do”, if a person obliged to do something fails to do it, it shall be ______ | executed at his cost |
| CAUSES OF NON-PERFORMANCE OF OBLIGATION: Alam mo pero hindi mo ginagawa; actionable | Voluntary Non-performance of Obligation |
| CAUSES OF NON-PERFORMANCE OF OBLIGATION: Gusto mo gawin pero hindi mo nagagawa bc of fortuitous events etc.; no breach of contract, excused ito | Involuntary Non-performance or Non-performance due to Fortuitious events or Force Majeure (acts of God) |
| events which could not be foreseen, or which though foreseen, were inevitable | Fortuitous events |
| acts of God like natural disasters (flood, typhoon, landslide, etc.) | Force Majeure |
| TRUE OR FALSE: General rule is no person shall be responsible for Fortuitious events which could not be foreseen, or which though foreseen, were inevitable, except in cases expressly specified by law, or when it is otherwise expressed in stipulation, or when the nature of the obligation requires assumption of risk | TRUE |
| REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS: The cause of the event must be something _____ of man i.e. earthquake | beyond the control |
| REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS:Must not be ___, or even if _____, is _____ i.e., typhoon, fire | foreseen;foreseen;inevitable |
| REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS:Because of the occurrence of this event, the debtor is rendered _________of performing his obligation in a _____ | helpless or incapable; normal way |
| REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS: Obligor or debtor must not have been guilty of _____ and must not have participated in the _______ done | contributory negligence; aggravation of the damage |
| Those obliged to deliver or to do something to incur ___ from the time the obligee judicially or extrajudicially demands from them the performance of their obligation. DEMAND by creditor, however, is not accessory | delay |
| Both parties have obligations to perform | Reciprocal Obligation |
| EXTINGUISHMENT OF OBLIGATIONS: after payment, obligation is extinguished | By Payment or Performance |
| EXTINGUISHMENT OF OBLIGATIONS: An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay, unless, when by law or stipulation, the obligor is liable even for fortuitous events. | By the Loss of the Thing due |
| EXTINGUISHMENT OF OBLIGATIONS: condonation or remission is essentially gratuitous, and requires the acceptance by the obligor | By the Condonation or Remission of the Debt |
| This condonation requires the compliance with forms of donations | Express condonation |
| EXTINGUISHMENT OF OBLIGATIONS: Basically means to forgive or to forget debt | By the Condonation or Remission of the Debt |
| Condonation or Remission of the Debt may be made ___ or _____ | expressly or impliedly |
| EXTINGUISHMENT OF OBLIGATIONS: The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person; The enforcement of the obligation becomes impossible | By the Confusion or Merger of the Rights of Creditor and Debtor |
| EXTINGUISHMENT OF OBLIGATIONS: shall take place when two persons, in their own right, are creditors and debtors to each other | By Compensation |
| EXTINGUISHMENT OF OBLIGATIONS:Example: dentist A owes B 1,000 pesos. A makes a denture for B worth 1,000 pesos. Both obligations are extinguished | By Compensation |
| EXTINGUISHMENT OF OBLIGATIONS: a juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old | By Novation |
| Obligations may be modified by: Changing the ____ or _____ of an obligation | object; principal conditions |
| Obligations may be modified by (Changing the parties): ____the person of the debtor | Substituting |
| Obligations may be modified by (Changing the parties): Subrogating a ____ in the rights of the creditor | third person |
| is before judgment, | amnesty |
| is after judgment | pardon |
