lesson 1. obligation and contract
TRANSCRIPT
Obligation and Contract
Law 1Vhonz Sugatan
InstructorPOWER School of technology
What is Obligation and Contract?
OBLIGATION
Article 1156
CONTRACT
Article 1305
ELEMENT OF OBLIGATION
ELEMENT OF OBLIGATION
1. Active Subject
ELEMENT OF OBLIGATION
2. Passive Subject
ELEMENT OF OBLIGATION
3. Object
ELEMENT OF OBLIGATION
4. Efficient Cause
ELEMENT OF OBLIGATION
Example:
JohnPeter
CONCEPT OF PRESENTATION
A Presentation is an OBLIGATION;
CONCEPT OF PRESENTATION
Giving a thing
CONCEPT OF PRESENTATION
Doing a thing
CONCEPT OF PRESENTATION
Not doing
Mataas na Lupa Tenants Association v. Carlos Dimayuga and Juliana Diego Vda.
De GabrielL-32049, June 25, 1984
Under P.D. 1517, tenants-lessees are given pre-emptive or preferential rights if they have occupied the land or lot for over ten (10) years.
Mataas na Lupa Tenants Association v. Carlos Dimayuga and Juliana Diego Vda.
De GabrielL-32049, June 25, 1984
The owner has this obligation to grant said preference. Thus he cannot sell to a third person without first offering the same to the lessee.
Mataas na Lupa Tenants Association v. Carlos Dimayuga and Juliana Diego Vda.
De GabrielL-32049, June 25, 1984
If the latter renounces said right, the waiver must be in a public instrument.
KINDS OF OBLIGATION
KINDS OF OBLIGATION
1. SANCTION
KINDS OF OBLIGATION
A. Civil Obligation
TYPES OF SANCTION
KINDS OF OBLIGATION
B. Natural Obligation
TYPES OF SANCTION
KINDS OF OBLIGATION
C. Moral Obligation
TYPES OF SANCTION
KINDS OF OBLIGATION
2. SUBJECT-MATTER
A. Real Obligation
TYPES OF SUBJECT-MATTER
KINDS OF OBLIGATION
B. Personal Obligation
TYPES OF SUBJECT-MATTER
KINDS OF OBLIGATION
KINDS OF OBLIGATION
3. AFFIRMATIVENESS & NEGATIVENESS
A. Positive Obligation
TYPES OF AFFIRMATIVENESS & NEGATIVENESS
KINDS OF OBLIGATION
B. Negative Obligation
TYPES OF AFFIRMATIVENESS & NEGATIVENESS
KINDS OF OBLIGATION
KINDS OF OBLIGATION
4. PERSONS OBLIGED
A. Unilateral Obligation
TYPES OF PERSONS OBLIGED
KINDS OF OBLIGATION
B. Bilateral Obligation
TYPES OF PERSONS OBLIGED
KINDS OF OBLIGATION
CASE SAMPLE
FACTS: A wife was about to deliver a child. Her parents in law called the doctor.
Pelayo v. Lauron 12 Phil. 453 (BAR)
CASE SAMPLE
ISSUE: Who should pay the Doctor, the husband or the parents?
Pelayo v. Lauron 12 Phil. 453 (BAR)
CASE SAMPLE
ANSWER: The husband should pay, even if was not the one who called the doctor.
Pelayo v. Lauron 12 Phil. 453 (BAR)
CASE SAMPLE
ANSWER: It is his duty to support the wife, and support includes medical attendance.
Pelayo v. Lauron 12 Phil. 453 (BAR)
CASE SAMPLE
ANSWER: The duty to pay is an obligation to give, and is imposed by the law.
Pelayo v. Lauron 12 Phil. 453 (BAR)
CASE SAMPLE
FACTS: A municipal mayor, upon assumption of office arbitrarily dismissed a corporal in the police force of the municipality.
Joaquin P. Nemenzo v.
Bernabe SabillanoL-20977, Sept. 7, 1968
CASE SAMPLE
FACTS: Without due investigation.
Joaquin P. Nemenzo v.
Bernabe SabillanoL-20977, Sept. 7, 1968
CASE SAMPLE
ISSUE: Is the Mayor personally liable?
Joaquin P. Nemenzo v.
Bernabe SabillanoL-20977, Sept. 7, 1968
CASE SAMPLE
ANSWER: Yes!
Joaquin P. Nemenzo v.
Bernabe SabillanoL-20977, Sept. 7, 1968
CASE SAMPLE
ANSWER: Yes!
Joaquin P. Nemenzo v.
Bernabe SabillanoL-20977, Sept. 7, 1968
Leonides Pengson v. Court of Appeals
G.R. No. L-65622, June 29, 1984
If the owner of certain shares should pledge the same to his creditor, and later said owner sells his shares to a third person, the creditor cannot be compelled to surrender the share certificates to the buyer, and this refusal will not invalidate the sale.
OBLIGATION
Article 1157
SOURCE OF OBLIGATION
1. Law
SOURCE OF OBLIGATION
2. Contracts
SOURCE OF OBLIGATION
3. Quasi-Contracts
SOURCE OF OBLIGATION
4. Crimes or Acts or Omissions Punished by Law
SOURCE OF OBLIGATION
5. Quasi-Delicts
Criticism about the Law
Criticism about the Law
1. Law
Criticism about the Law
2. Contracts
Exclusiveness
The enumeration by the law is exclusive, hence, no obligation exist if its source is not one of those enumerated under Art. 1157.
OBLIGATION
Article 1158
Thank You!
QUIZ