1st Module
1st Module
Week
Weeks 2& 3
Duration
Date March 20 – 26, 2022 & March 27 – April 2, 2022
Description This lesson is an introduction on the Law on Obligations and Contracts, aimed at giving the
of the students an overview of the whole subject.
Lesson
Learning Outcomes
Intended Students should be able to meet the following intended learning outcomes:
Learning Have an overview of the Law on Obligations and Contracts; and
Outcomes
Be acquainted with the general provisions & nature and effects of obligations.
The online discussion will happen March 26 & April 2, 2022, based on the class
schedule.
(For further instructions, refer to your Google Classroom and see the schedule
of activities for this module)
At the end of the lesson, students should be able to answer the following: a)
What are obligations; b) What are the sources of obligations; c) What are the
nature and effects of obligations
BOOK IV
OBLIGATIONS AND CONTRACTS
Title. I. - OBLIGATIONS
CHAPTER 1
GENERAL PROVISIONS
Art. 1158. Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by
the precepts of the law which establishes them; and as to what has not been foreseen,
Offline Activities by the provisions of this Book. (1090)
(e-Learning/Self-
Paced) Art. 1159. Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith. (1091a)
Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions
of Chapter 1, Title XVII, of this Book. (n)
Art. 1161. Civil obligations arising from criminal offenses shall be governed by the
penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of
Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book,
regulating damages. (1092a)
Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions
of Chapter 2, Title XVII of this Book, and by special laws. (1093a)
CHAPTER 2
NATURE AND EFFECT OF OBLIGATIONS
Art. 1163. Every person obliged to give something is also obliged to take care of it with
the proper diligence of a good father of a family, unless the law or the stipulation of the
parties requires another standard of care. (1094a)
Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition
to the right granted him by Article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied
with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons
who do not have the same interest, he shall be responsible for any fortuitous event
until he has effected the delivery. (1096)
Art. 1166. The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned. (1097a)
Art. 1167. If a person obliged to do something fails to do it, the same shall be executed
at his cost.
This same rule shall be observed if he does it in contravention of the tenor of the
obligation. Furthermore, it may be decreed that what has been poorly done be undone.
(1098)
Art. 1168. When the obligation consists in not doing, and the obligor does what has
been forbidden him, it shall also be undone at his expense. (1099a)
Art. 1169. Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their
obligation.
However, the demand by the creditor shall not be necessary in order that delay may
exist:
In reciprocal obligations, neither party incurs in delay if the other does not comply or
is not ready to comply in a proper manner with what is incumbent upon him. From the
moment one of the parties fulfills his obligation, delay by the other begins. (1100a)
Art. 1170. Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor thereof, are
liable for damages. (1101)
Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any
waiver of an action for future fraud is void. (1102a)
Art. 1172. Responsibility arising from negligence in the performance of every kind of
obligation is also demandable, but such liability may be regulated by the courts,
according to the circumstances. (1103)
Art. 1173. The fault or negligence of the obligor consists in the omission of that
diligence which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the place. When negligence shows bad
faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the diligence which is to be observed in the
performance, that which is expected of a good father of a family shall be required.
(1104a)
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the assumption
of risk, no person shall be responsible for those events which could not be foreseen, or
which, though foreseen, were inevitable. (1105a)
Art. 1176. The receipt of the principal by the creditor without reservation with respect
to the interest, shall give rise to the presumption that said interest has been paid.
Art. 1177. The creditors, after having pursued the property in possession of the debtor
to satisfy their claims, may exercise all the rights and bring all the actions of the latter
for the same purpose, save those which are inherent in his person; they may also
impugn the acts which the debtor may have done to defraud them. (1111)
Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are
transmissible, if there has been no stipulation to the contrary. (1112)
a) file:///C:/Users/admin/Downloads/Law_on_Obligations_and_Contracts_in_the
%20(1).pdf
Assigned video:
a) https://www.youtube.com/watch?v=fOpmUzb3LIk
Performance Tasks
Directions: Answers must be handwritten in a piece of paper and picture / scan copy must be sent at the google
classroom within the allowed period to submit the same. Late submission, without any valid excuse shall not be
accepted.
Essay. Explain your answer in a least five (5) sentences. (5 points each)
a) In your own understanding, what are obligations? And what are Contracts?
b) What do you think will happen if a person would breach his legal and contractual obligations?
c) If a person breaches his moral obligation, will there be any sanction?
Performance Tasks
Directions: Answers must be typewritten in MS Word (any font and style). Please save your answer in PDF
format.
Identify the essential requites of an obligation in the following scenarios. Write your answer in this format:
Example: (Unilateral)
Example: (Bilateral)
Obligation 1 Obligation 2
Passive: Sanji Zoro
Active: Zoro Sanji
Prestation: To give (deliver car) To give (pay One Million Pesos)
Juridical Tie: Contract (Sale) Contract (Sale)
1. Chopper promised to give Franky his cellphone in exchange for Franky’s laptop;
2. Robin bought a watch from Jinbei for Three Thousand Pesos;
3. Brook promised to buy Vivi a house and lot;
4. Big mom told Kaido that she will clean his house for one week;
5. Shanks promised Black Beard that he will not go to his house for one month as long as Black Beard give
him his rubber shoes;
6. Gol D. Roger promised to give Luffy all his treasures
Learning Resources
a) file:///C:/Users/admin/Downloads/Law_on_Obligations_and_Contracts_in_the%20(1).pdf