For Example
Object or prestation
Obligation to do
Building of the house
A B
Passive subject Contract Active subject
Juridical tie
For Example
Suppose A had already constructed the house and it was the
agreement that B would pay after the construction is finished.
Then,
• A becomes the active subject
• B becomes the passive subject.
Example: Pelayo v. Lauron
12 Phil. 453 (BAR)
Facts: A wife was about to deliver a child. Her parents- in- law
called the doctor.
Issue: Who should pay the doctor: the husband or the parents?
Held: The husband should pay, even if he was not the one who
called the doctor. It is his duty to support the wife, and support,
includes medical attendance. The duty to pay is an obligation to
give, and is imposed by the law.
Distinction of obligation, right, and wrong
(1) Obligation is the act or performance which the law will enforce.
(2) Right, on the other hand, is the power which a person has under the law, to
demand from another any prestation.
(3) A wrong (cause of action), according to its legal meaning, is an act or
omission of one party in violation of the legal right or rights (i.e. recognized by
law) of another. In law, the term injury is also used to refer to the wrongful
violation of the legal right of another.
The essential elements of a legal wrong or injury are:
(a) a legal right in favor of a person (creditor/obligee/
plaintiff)
(b) correlative legal obligation on the part of another
(debtor/obligor/defendant)
(c) an act of omission by the latter in violation of the said right with
resulting damage to the former.
Kinds of Obligations
A. From the viewpoint of “sanction” –
1. Civil obligation (or perfect obligation) – Example: Binay promises to pay
Pnoy his (Binay’s) debt of Php. 1 million.
2. Natural obligation- the duty not to recover what has voluntarily been paid
although payment was no longer required.
3. Moral obligation (or imperfect obligation)- the duty of a Catholic to hear
mass on Sundays and holy days of obligation. The sanction here is
conscience or morality, or the law of the church.
B. According to the subject matter, obligations may either be:
1. Real obligation (the obligation to give) is that in which the
subject matter is a thing which the obligor must deliver to the
obligee.
2. Personal obligation (the obligation to do or not to do) is that ub
which the subject matter is an act to be done or not to be done.
(example: the duty to paint a house, or to refrain from
committing a nuisance)
C. From the affirmativeness and negativeness of the
obligation
1) Postive personal obligation or obligation to do or render
service. (Art. 1167, NCC)
2) Negative Personal obligation or obligation not to do.
(which naturally includes obligations “not to give”) (Art.
1168, NCC)
D. From the viewpoint of the persons obliged
1. Unilateral- where only one of the parties is
bound
(Example: Binay owes Pnoy P1million. Binay must pay
Pnoy)
2. Bilateral- where both parties are bound
(Example: In a contract of sale, the buyer is obliged to
pay, while the seller is obliged to deliver)
Bilateral obligations may be:
a. reciprocal
b. non reciprocal (where performance of one
is non dependent upon the performance by
the other.
Sources of obligation
Article. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punishable by law; and
(5) Quasi-delicts.
(Art. 1157, NCC)
Sources of obligation
1. Law- when they are imposed by law itself.
Example: Obligation to pay taxes; obligation to support one’s
family. (Art. 291 of NCC)
2. Contracts- when they arise from the stipulation of the parties. (Art. 1306 of the
NCC)
Example: The obligation to repay a loan or indebtedness by
virtue of an agreement.
3. Quasi- contracts- when they arise from lawful, voluntary and unilateral acts
which are enforceable to the end that no one shall be unjustly enriched or
benefited at the expense of another. (Art. 2142, NCC) In a sense, these
obligations may be considered as arising from law
Example: The obligation to return money paid by mistake or
which is not due. (Art. 2154, NCC)
