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GENERAL PROVISIONS
GENERAL
PROVISIONS
ARTICLE 1156
GENERAL
PROVISIONS
Forms of obligations
Distinction of an obligation, a right, and a cause of action
Essential elements of a cause of action
Distinction of injury, damage, and damages
GENERAL
PROVISIONS
ARTICLE 1157
BARREDO V. GARCIA
Civil liability (subsidiary) arising from a crime under Article
103 of the Revised Penal Code of the Philippines; or create an action
for quasi-delicto or culpa aquiliana under Articles 2179 and 2180 of
the Civil Code and the parties are free to choose which course to
take.
The negligent act of Fontanilla produces two (2) liabilities of
Barredo: First, a subsidiary one because of the civil liability of
Fontanilla arising from the latters criminal negligence under Article
103 of the Revised Penal Code, and second, Barredos primary and
direct responsibility arising from his presumed negligence as an
employer under Article 2180 of the Civil Code. Since the plaintiffs are
free to choose what remedy to take, they preferred the second, which
is within their rights.
PSBA V CA (1992)
The school and the students, upon registration
established a contract between them, resulting in bilateral
obligations. The institution of learning must provide their students
with an atmosphere that promotes or assists its primary
undertaking of imparting knowledge, and maintain peace and
order within its premises.
Note:
The SC dismissed the petition and the case was
remanded to the trail court to determine if the school neglected its
obligation to perform based on the contractual relation of them
and the students.
ASILO V BOMBASI
Where the civil liability survives, as explained, an action
for recovery therefore may be pursued but only by way of filing a
separate civil action
The New Civil Code provisions under the Chapter,
Human Relations, were cited by the prosecution to substantiate its
argument that the civil action based therein is an independent
one, thus, will stand despite the death of the accused during the
pendency of the case.
CATHAY PACIFIC
AIRWAYS V VASQUEZ
A contract of carriage existed between Cathay and
Vasquezes. They voluntarily and freely gave their consent to an
agreement whose object was the transportation of the Vasquezes
from Manila to HongKong aircraft, and whose cause or
consideration was the fare paid by the Vazquezes to Cathay.
GENERAL
PROVISIONS
ARTICLE 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, by the provisions of this Book.
DE LA CRUZ V. NORTHERN
THEATRICAL ENTERPRISES,
95 PHIL. 739 (1954)
An employer has no obligation to furnish free legal assistance to
his employees because no law requires this and therefore, an
employee may not recover from his employer the amount he may
have paid a lawyer hired by him to recover damages caused to
said employee by a stranger or strangers while in the
performance of his duties
PELAYO V. LAURON,
12 PHIL. 453 (1909)
The rendering of medical assistance in case of illness is
comprised among the mutual obligations to which spouses are
bound by way of mutual support.
This liability originates from the above-mentioned mutual
obligation which the law has expressly established between the
married couple.
GENERAL
PROVISIONS
ARTICLE 1159
Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith.
ARTICLE 1160
GENERAL
PROVISIONS
Kinds of Quasi-Contracts (NSO)
1.
Negotiorum gestio
2.
Solutio indebiti
3.
Other cases
GENERAL
PROVISIONS
ARTICLE 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.
GENERAL
PROVISIONS
Civil liability arising from crimes or delicts
Right to recover civil liability
Scope of civil liability
GENERAL
PROVISIONS
ARTICLE 1162
Obligations derived from quasi-delicts shall be governed by the provisions
of Chapter 2, Title XVII of this Book, and by special laws
QUASI-DELICTS: an act or omission by a person which causes damage
to another in his person, property, or rights giving rise to an obligation to
pay for the damage done, there being no fault or negligence but there is o
pre-existing conractual relation between the parties
REQUISITES: (AFDDN)
1) Act/omission by the defendant
2) Fault or negligence of the defendant
3) Damage caused to plaintiff
4) Direct relation between the act/omission & the damage
5) No pre-existing contractual relations between the parties
GENERAL
PROVISIONS
Two causes of action to recover damages:
1.Article 100 of RPC Civil Liability arising from crime
2.Article 2176 of the Civil Code Action for Quasi Delict
Cannot recover damages twice for the same act, but failure to recover
from one action will not preclude action based on the other.
DIFFERENCE OF
CRIME AND DELICT
DISTINCTION BETWEEN
CULPA AND DOLO
Culpa (Negligence)
Dolo (Fraud)
Negligence as a source of
obligation
Acts of man
Acts of God
Specific performance
Pursue leviable property of debtor
Subrogation (accion subrogatoria)
Rescission of contract (accion pauliana) which the debtor may
have done to defraud him
Stipulation of parties
Must not be contrary to public policy
Must be clearly proven or clearly inferable from the stipulation