EZRA D.

GAMBICAN
ABPS – 3B

1. Define the following terms

a. Negotiorum Gestio

The voluntary administration of the property, business or affairs of another, without his consent or
authority, that creates an obligation for reimbursement for the necessary expenses the gestor had spent.

Example:

Juliet left her farm unattended for 1 week because she is having a vacation. Romeo, a concerned lover in
secrecy, noticed that Juliet has not been around and the plants are slowly dying. Out of affection, Romeo
cultivated the land, watered the plants, buy fertilizers and placed fertilizers to the plants, removed the
weeds and do all what a farmer should do. Romeo spent necessary expenses which needs to be reimbursed
in order for Juliet not to unjustly enrich herself at the expense of Romeo.

b. Solutio Indebiti

If something is received when there is no right to demand it, and it was unduly delivered through mistake,
the obligation to return it arises. Refers to payment by mistake. It is receiving payment by mistake that is
not due or does not have such right to demand such payment. It creates an obligation to return such
payment.

Example:

Romeo bought goods from Juliet Store. The goods cost $1500. Romeo gave $2000 to the store cashier and
receive a change of $700. Romeo is duty bound to return the excess of $200 to the store. Otherwise, he will
be unjustly enriching himself at the expense of Juliet Store.

c. Causa

A comprehensive term for any proceeding in a court of law whereby an individual seeks a legal remedy;
"the family brought suit against the landlord"

d. Vinculum Juris

Signifies a civil obligation which has a binding operation in law. Vinculum juris gives to the oblige the
right of enforcing the obligation in a court of justice. Civil obligations are divided into express and implied,
pure and conditional, primitive and secondary, principal and accessory, absolute and alternative,
determinate and indeterminate, divisible and indivisible, single and penal, and joint and several. Civil
obligations can also be purely personal, real, and both real and mixed at the same time.

e. Obligacion Maleficio or Ex Delicto

A legal action for a breach of a duty that is not stated in a contract but arises pursuant to the contract. ‘Ex
delicto’ is a Latin term, meaning ‘from a wrong or from a transgression.’ Therefore, action ex delicto is an
action arising out of the breach of a duty or obligation created by positive law, independent of contract.

Action Ex Delicto is a personal action arising out of a tort. Originally, action ex delicto referred to the
action of trespass and action of replevin.
2. What are the elements and requisites of an obligation?

There are 4 essential requisites/elements of an obligation in order to exist. All of these must be present:

1. Active subject - It is the party (creditor or obligee) who has the right to demand the performance of an
obligation.
2. Passive subject - It is the one (debtor or obligor) who is obliged to perform the obligation.
3. Prestation - It is the object of the obligation. It is what the obligation is all about either to give, to do, not
to do, or a combination.
4. Efficient Cause - The juridical tie that binds the parties to an obligation. It is what binds the parties (e.g.
contracts, quasi-contracts).

Example:

Romeo executed a contract of loan to borrow money from Juliet whom he wishes to spend in courting
Juliet. Juliet in turn agreed and lend money to Romeo.

In the preceding example, Romeo is the passive subject while Juliet is the active subject. Their prestation is
the money being borrowed while their efficient cause is the contract of loan. All of the essential requisites
of an obligation are present, hence such contract creates an obligation.

3. State the effect/s of an acquittal in a criminal case as to a person’s civil liability.

The acquittal of the accused does not automatically preclude a judgment against him on the civil aspect of
the case. The extinction of the penal action does not carry with it the extinction of the civil liability
where: (a) the acquittal is based on reasonable doubt as only preponderance of evidence is required;
(b) the court declares that the liability of the accused is only civil; and (c) the civil liability of the
accused does not arise from or is not based upon the crime of which the accused is acquitted.
However, the civil action based on delict may be deemed extinguished if mere is a finding on the final
judgment in the criminal action that the act or omission from which the civil liability may arise did not exist
or where the accused did not commit the acts or omission imputed to him.34chanroblesvirtuallawlibrary
Hence, a civil action filed for the purpose of enforcing civil liability ex delicto, even if mandatorily
instituted with the corresponding criminal action, survives an acquittal when it is based on the presence of
reasonable doubt. In these instances, while the evidence presented does not establish the fact of the
crime with moral certainty, the civil action still prevails for as long as the greater weight of evidence
tilts in favor of a finding of liability. This means that while the mind of the court cannot rest easy in
penalizing the accused for the commission of a crime, it nevertheless finds that he or she committed or
omitted to perform acts which serve as a separate source of obligation. There is no sufficient proof that the
act or omission is criminal beyond reasonable doubt, but there is a preponderance of evidence to show that
the act or omission caused injury which demands compensation.

4. What is “diligence of a good father of a family? What is the rule on standard of care?

To take good care of the thing with the diligence of a good father of a family. Diligence of a good
father of a family means an ordinary care. Just like a father of a family, it is a care that an average person
would do in taking care of his property. Diligence of a good father of a family means that the debtor
should takecare of the thing with the above average care (NOT AVERAGE) or adiligence which an
average person exercises over their own property (take care of the thing as if it’s your own if you haven’t
delivered it yet). The rule on standard of care are a. That which the law requires, b. That stipulated
by the parties, c. In the absence of the two, diligence of a good father of a family. 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.
5. When does the obligation to deliver arise?

The Debtor’s Obligation to deliver arise when:

1. When the obligation is based on law, quasi-delict, quasi-contract or crime, specific provisions of the
applicable law shall determine when the delivery shall be done or affected.
2. When the obligation is subject to a suspensive condition, the obligation to deliver arises from the happening
of the condition.
3. When the obligation is subject to a suspensive term or period, the obligation to deliver arises from the lapse
of the term or period.
4. When there is no condition or term, the obligation to deliver arises from the constitution, creation or
perfection of the obligation.

General Rule:

From the time of the perfection of the contract (meeting of the minds between the parties).

a. When the parties made a stipulation as regards the right of the creditor to the fruits of the thing.
b. When the obligation is subject to a suspensive condition or period, arises upon fulfillment of the condition
or arrival of the period.

6. State the kinds and requisites of delay. What is the general rule followed in delay, state the exceptions if
there be any?

There are three kinds of delay namely:

A. Mora Solvendi - it is a delay on the part of the debtor

a. Ex re - delay in real obligations (to give)

Tips: to easily memorize the two, re for real, persona for personal. Always keep in mind that the debtor can
only have an obligation to give, to do, and not to do, so he can only be delayed between the two, to give
and to do, because there is no delay in not to do. One cannot be in delay for not doing at all.

B. Mora Accipiendi - it is a delay on the part of the creditor

How can a creditor be in delay?

A creditor can be in delay if the debtor fulfills his obligation but the creditor refuses to accept the thing
due without justifiable reason. It must be an unjustifiable reason so as delay to exist.

Tips to easily remember: accipiendi sounds the same with accept. And who accepts? it is the creditor. So
accipiendi is delay in accepting a fulfillment of an obligation by the creditor.

C. Compensatio Morae - it is a delay in reciprocal obligations. It is therefore the creditor and debtor who are
in default. If both is in delay therefor in effect there is no delay at all.

Requisites of Delay:

a.The obligation must be due and demandable

Example:

Luna obliged to give Heda a specific car on January 1, 2018. On Jan. 1, 2018. Luna failed to give and deliver a
specific car to Heda. Since Heda wanted a car, she extra-judicially demand Luna's performance by summoning him
to Baranggay Saray Hall to execute what they had agreed upon. Though Kapitan Tiago, Baranggay Saray Chairman,
mediated for the two to settle their disagreements by making the two agreed to a common understanding that the car
will be delivered on Jan. 10 instead. But when Jan. 10 came still Luna failed to deliver the car to Heda.

From the example, Luna is in delay. First, his obligation to give is already due and demandable. Second, Luna did
not give the specific car (a non-performance of obligation. Third, Heda extrajudicially demanded the delivery of
such specific car. And lastly, Luna failed to comply to such demand by not delivering the car again after Heda's
extrajudicial demand. Hence Luna is really in delay.

General Rule: NO DEMAND NO DELAY!

The debtor incurs in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment
of their obligation but the debtor fails to perform his obligation. Again, the general rule applies that if there is no
demand there is no delay. Demand is a must.

EXCEPTIONS:

a. The obligation or the law expressly so declare

Examples:

(LAW) In paying taxes, if someone does not pay on time then such person would be penalized in accordance with
the law. There is no need for the BIR to demand in order for delay to exist because the law clearly expresses so.
Hence, such person would be penalized automatically because he is already in delay from the time the due date to
pay taxes elapse.

(OBLIGATION) There is no need for demand when both parties agreed to an obligation to give that when the debtor
fails to deliver the thing on time such debtor would be penalized. The stipulation of the parties renders the need for
demand in order for penalty to materialize is unimportant

b. When time is of the essence of the contract

Example: Juliet is about to be married with Romeo on Nov. 1, 2018 at 5PM in Hotel California. She made a contract
with Luna, a famous tailor, to make her bridal gown according to her specifications. On Nov. 1,2018 Luna failed to
make the gown. Since the gown is to be used only on its intended purpose which is their wedding day on Nov. 1,
Luna is already in delay and will be liable since after Nov. 1 the gown would be useless anymore to Juliet. There is
no need of demand for delay to exist because time was the controlling motive for the establishment of the contract.

c. Demand would be useless

When the performance of the obligation is beyond the power of the debtor then such demand would be useless.
Demand would be useless if the thing the debtor is obliged to give has been destroyed through his fault or he has
delivered it to another person not of the same interest.

d. 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.