OBLIGATIONS 1.
Juridical or legal tie
Chpater 1- GENERAL PROVISIONS
Art. 1156. An obligation is a juridical
necessity to give, to do or not to do. (n)
Concept of Obligation
Juridical necessity to comply with a
prestation (Sanchez Roman)
A legal relation established between
one person and another whereby the
latter is bound to the fulfillment of a
prestation which the former may
demand of him (Manresa)
Prestation
The cause of a contract or the promise of the
thing or service of the other.
Example
If A sells an automobile to B for
P100,000:
the cause of the contract (the
prestation) as to A is the promise of B
to pay him P100,000
As to B, the prestation is the promise
of A to deliver the automobile.
Example
A promised to construct a building for
B for P1.5 Million as a result of an
agreement between them.
Before the construction:
A = passive subject
B = active subject
Construction of the building = object
or prestation
Agreement = juridical tie/the efficient
cause
Obligations
Civil Obligation one which has a
binding force in law, and which gives
to the obligee or creditor the right of
enforcing it against the obligor or
debtor in a court of justice
Natural Obligation one which cannot
be enforced by action, but which is
binding on the party who makes it in
conscience and according to natural
law
Requisites of Obligation
-- which binds the parties to the obligation,
and which arise from either bilateral or
unilateral acts of person
2. An active subject
-- obligee or creditor; who can demand the
fulfillment of the obligation
3. Passive subject
-- obligor or debtor; against whom the
obligation is juridically demandable
4. the fact, prestation or service which
constitutes the object of the obligation
Form as a fifth requisite--- applicable in
certain contracts
Classification of obligations
Pure and conditional
With a period
Alternative and facultative
Joint and solidary
Divisible and indivisible
With a penal clause
Classification (Sanchez Roman)
1. As to juridical quality
a. Natural natural law
b. Civil positive law
c. Mixed
2. As to parties
a. Unilateral & Bilateral
b. Individual and Collective
3. As to object:
a. Determinate and generic
b. Simple and multiple
c. Positive and negative
d. Real and personal
e. Possible and impossible
f. Divisible and indivisible
g. Principal and accessory
4. As to perfection and extinguishment
a. Pure
b. Conditional
c. With a term or period

Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by
law; and
(5) Quasi-delicts. (1089a)
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, by the
provisions of this Book. (1090)
E.g. Obligation of the spouse to
support each other ( Family Code);
Obligations of the employers under
the Labor Code
Art. 1159. Obligations arising from
contracts have the force of law between
the contracting parties and should be
complied with in good faith. (1091a)
CONTRACT
Meeting of the mind between two
persons whereby one binds himself
with respect to the other, to give
something or to render some service
Consensual vs real contract
Art. 1160. Obligations derived from
quasi-contracts shall be subject to the
provisions of Chapter 1, Title XVII, of
this Book. (n)
QUASI-CONTRACTS
Those juridical relations arising from
lawful, voluntary and unilateral acts,
based on the principle that no one
shall be unjustly enriched or benefited
at the expense of another
E.g. negotiorum gestio and solutio
indebiti
Negotiorium Gestio
Juridical relation which arises
whenever a person voluntarily takes
charge of the agency or management
of the business or property of another
without any power or authority from
the latter
Example:
X went to the USA with his family
without leaving to look for his house
in Tacloban. While in the US, a big fire
broke out near the house of X.
Through the effort of Y, a neighbor, the
house of X was saved from being
burned. Y , however, incurred
expenses in the process of saving the
house.
Solutio Indebiti
Juridical relation whenever a person
unduly delivers a thing through
mistake to another who has no right to
demand it.
Requisites
. There is no right to receive the thing
delivered
The thing was delivered through
mistake
Example:
D owes C P100,000. D paid T believing
that T was authorized to receive
payment for C.
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)
Rules:
Every person liable for a felony is also
civilly liable (Art. 100, Revised Penal
code)
Every crime has dual aspect: criminal
and civil
Scope of Civil Liability
Restitution
Reparation of damage caused
Indemnification for consequential
damages
Enforcement of Civil Liability
When a criminal action is instituted,
the civil action for recovery of civil
liability arising from the offense
 3. Owners and managers of
establishment or enterprise, with
respect to damages caused by their
employees in the service of the
branches in which the latter are
employed or on the occasion of their
functions
4. Employers with respect to damages
caused by their employees and
household helpers acting within the
scope of their assigned tasks, even
though the former are not engaged in
any business or industry
charged is impliedly instituted with the
criminal action, unless the offended 5. The State, when it acts through a
party expressly waives the civil action special agent; but not when the
or reserves his right to institute it damage has been caused by the
separately or institutes the civil action official to whom the task done properly
prior to the criminal action pertains
Independent Civil action 6. Teachers or heads of establishments
of arts and trades, with respect to
In cases provided in Articles 31, 32,
damages caused by their pupils and
33, 34 and 2177, an independent civil
students or apprentices, so long as
action entirely separate and distinct
they remain in their custody
from the criminal action may be
brought by the injured party during Defense available: If they can prove that
the pendency of the criminal case; they have observed all the diligence of a
requires only preponderance of good father of a family to prevent
evidence. damage.
Requisites for liability
1. The fault or negligence of the defendant;
2. the damage suffered or incurred by the
plaintiff
3. the relation of cause and effect between
the fault or negligence of the defendant and
the damage incurred by the plaintiff

Art. 1162. Obligations derived from Quasi-delicts versus Crimes

quasi-delicts shall be governed by the
Crimes affect public interest; quasi
provisions of Chapter 2, Title XVII of
delicts are only of private concern
this Book, and by special laws. (1093a)
Penal code punishes or corrects the
QUASI-DELICTS
criminal act; Civil code merely repairs
Fault or negligence of a person, who , the damages incurred through
by his act or omission, connected or indemnification
unconnected with, but independent
Crimes are not as broad as quasi-
from, any contractual relation, causes
delicts; the latter include all acts in
damage to another person; equivalent
which any kind of fault or negligence
to tort (Art 2176, NCC)
intervenes
Persons liable
In crime, there are generally two
1. The father and in case of his death liabilities; in quasi-delict, there is only
or incapacity, the mother, with respect civil liability
to damages caused by minors or
Criminal liability cannot be
incapacitated persons who are under
their authority and who live in their compromised; civil liability can be
company. compromised

2. Guardians with respect to their In crime, the guilt of the accused is to

wards be proved beyond reasonable doubt;
in quasi-delict, it needs to be proved
only by preponderance of evidence