PROJECT JURISPRUDENCE

A natural obligation is an obligation that has no legal basis and hence does not give a right of action to enforce its performance. It is based on equity, morality, and natural law, and should be voluntary. philawgov.wikia.org/wiki/Natural_Obligation. A civil obligation (as defined in Art. 1156) is based on positive law; hence, it is enforceable by court action. A natural obligation on the other hand, is based on natural law; hence, it is not enforceable by court action. The obligation, however, exists in equity and moral justice, such that if the debtor voluntarily performs it, he can no longer recover what he has given. www.attyjimenez.blogspot.com/2016/10/distinction-between-civil-obligation.html . Below are four rules to remember regarding natural obligations. [1] The promise to perform a natural obligation is as effective as performance itself, and converts the natural obligation to a civil obligation. [2] Partial payment of a natural obligation does not make it civil; th

[ NO RECOMMENDED CITATION ] PJP UNDOCKETED : This content is yet to be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . The following are three kinds of prestations (objects of contracts). It must be recalled that, under Article 1156 of the New Civil Code of the Philippines, an obligation is the juridical necessity to do, to give or not to do. [1] TO GIVE. The prestation to give is a real obligation. It is the obligation to deliver either [a] a specific or determinate thing, or [b] a generic or indeterminate thing. An example of this would be the vendor's obligation to give the vendee the thing purchased. [2] TO DO. The prestation to do is

The following are ten of the most notable dissenting opinions of Justice Leonen. Mario Victor "Marvic" F. Leonen (born December 29, 1962) is an Associate Justice of the Supreme Court of the Philippines. He is the second youngest to hold the said position since Manuel V. Moran in 1938. Prior to his stint in the country's highest court, he had served as chief peace negotiator of the Republic of the Philippines in the talks with the Moro Islamic Liberation Front. en.wikipedia.org/wiki/Marvic_Leonen. [1] LEONEN'S DISSENT RE: ABSENT SPOUSE'S PRESUMPTIVE DEATH . https://www.projectjurisprudence.com/2019/11/leonen-dissent-re-absent-spouse-presumptive-death-gr-no-199194.html . [2] LEONEN'S DISSENT RE: CONTROL TEST , GRANDFATHER RULE. https://www.projectjurisprudence.com/2019/11/leonen-dissent-re-control-test-grandfather-rule-gr-no-195580.html . [3] LEONEN'S DISSENT RE CONTINUING PRESENCE RULE . https://www.projectjurisprudence.com/2019/11/leonen-dissent-re-c

768 Phil. 615. SPECIAL THIRD DIVISION [ G.R. No. 203655, September 07, 2015 ] SM LAND, INC., PETITIONER, VS. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, RESPONDENTS. DISSENTING OPINION; LEONEN, J.: Bases Conversion and Development Authority's Second Motion for Reconsideration[1] cannot be summarily denied on the ground that judgment had already been entered and had already become final and executory on March 18, 2015. Bases Conversion and Development Authority's first Motion for Reconsideration was denied on March 18, 2015.[2] Based on the Entry of Judgment[3] prepared on April 14, 2015, the August 13, 2014 Decision[4] in this case was declared final and executory on the same date—March 18, 2015. Bases Conversion and Development Authority (BCDA) received the March 18, 2015 Resolution only on April 20, 2015.[5] The immediate Entry of Judgment deprived BCDA of its 15-day period fr

777 Phil. 280 [G.R. No. 212426, January 12, 2016 ] RENE A.V. SAGUISAG, WIGBERTO E. TAÑADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASINO, PETITIONERS, VS. EXECUTIVE PAQUITO N. OCHOA, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY VOLTAIRE GAZMIN, OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, RESPONDENTS. DISSENTING OPINION; LEONEN, J.: " Para kayong mga birhen na naniniwala sapag-ibig ng isangputa! "[1] -  Heneral Luna kina Pedro Paterno, Felix Buencamino, at Emilio Aguinaldo noong sinabi nila na nangako ang mga Amerikano na kikilalanin nila ang kasarinlan ng mga Pilipino 1987 Constitution, Article XVIII, Section 25: Aft