Obligation Obligation to repay a loan or
Article 1156 – 1304, Civil Code indebtedness by virtue of an agreement.
o Quasi-contract – when they arise from lawful,
Essential Requisites of an Obligation voluntary and unilateral acts which are enforceable to
1. Passive subject (the debtor or obligor) – a person the end that no one shall be unjustly enriched or
who has a duty (to fulfill the obligation) benefited at the expense of another.
Example:
2. Active subject (the creditor or obligee) - a person The obligation to return money
who has the right (to demand the fulfillment of the
paid by mistake or which is not due.
obligation)
o Crimes or acts or omissions punished by law – when
3. Object and Prestation (subject matter of the they arise from civil liability which is consequence of
obligation) – the conduct required to be observed by a criminal offense.
the debtor Example:
4. Juridical or Legal tie (efficient cause) – binds or The obligation of a thief to return
connects the parties to the obligation the car stolen by him.
Example: The duty of a killer to indemnity
X has a contract to build a house for Y for the heirs of his victim.
P100,000. o Quasi-delicts or torts – when they arise from damages
caused to another through an act or omission, there
X – passive subject being fault or negligence, but no contractual relation
Y – active subject exists between the parties.
Build a house – Object or Prestation
Contract – legal tie or juridical Legal Obligation
Legal Obligation or obligation arising from law.
Kinds of Obligation They are not presumed because they are considered a burden
According to the subject matter. upon the obligor. They are the exception not the rule. To be
1. Real Obligation (obligation to give) demandable, they must be clearly set forth in the law, the Civil
- A thing that the obligor must deliver to the Code or special law.
obligee. Example:
Example: You have a right of way, in a piece of
X promised to deliver a pair of shoes to Y. Land. And the person or your neighbor build the
2. Personal Obligation (obligation to do or not to The fence in your right of way.
do) Can you ask this person to remove it?
- Is an act to be done or not to be done Yes. Because it’s your right of way.
Positive Personal Obligation – Contractual Obligation
obligation to do or to render service Contractual Obligation – obligation arising from
Example:
contracts or voluntary agreements. It presupposes that the
X promised to repair the piano for
contracts entered into are valid and enforceable.
Y.
Contract – is a meeting of minds between two (2) or
Negative Personal Obligation –
more persons whereby one binds himself, with respect to the
obligation not to do which naturally
other, to give something or to render some service.
includes obligations “not to give”
Binding force – have the force of law
Example:
between the contracting parties.
X obliges himself not to build a
Requirement of a valid contract – a contract
fence on a certain portion of his lot in
is valid if it is not contrary to law, morals,
favor of Y who is entitled to a right of
good customs, public order, and public
way over the said lot.
policy. In the eyes of law, a void contract
Source of Obligations does not exist.
o Law – when they are imposed by law itself. Breach of contract – a contract may be
Example: breached or violated by a party in whole or
Obligations to support one’s in part. It is take place when a party fails or
family. refuses to comply, without legal reason or
o Contacts – when they arise from the stipulation justification, with his obligation under the
(condition or requirement) of the parties contract as promised.
Example:
Quasi-contracts
Nature and Effects of
Quasi-contract is that juridical relation resulting from lawful,
Obligations Duties of a Debtor
(Obligation to give a determinate thing)
1. Preserve or take care of the thing – in
voluntary and unilateral acts by virtue of which the parties obligation to give, the obligor has the incidental duty
become bound to each other to the end that no one will be to take care of the thing due with the diligence of a
unjustly enriched or benefited at the expense of another. good father of a family.
a. Diligence of a good father of a family –
Kinds of Quasi-contracts
ordinary care
o Negotiorum gestio – is the voluntary management b. Another standard of care –
of the property or affairs of another without extraordinary diligence.
knowledge or consent of the latter.
o Solution Indebiti – the juridical relation which is
created when something is received when there is no
right to demand it and it was unduly delivered
through mistake. (you have the obligation to return Common carrier – means the public transportation.
what is wrongfully delivered to you.) Example:
Requisites: When you are riding/using a public
1. There is no right to receive the thing transport. And the driver of that public transport is to observe
delivered extraordinary diligence and not only ordinary diligence.
2. The thing was delivered through 2. Deliver the fruits of the thing
mistake.
3. Deliver the accessions and accessories
4. Deliver the thing itself
5. Answer for damages in case of non-
fulfillment or breach
Duties of debtor
Generic and Indeterminate Thing
o Specific or determinate – particularly designated
(Obligation to deliver a Generic Thing)
1. To deliver a thing which is of the quality intended by
or physically segregated from others of the same
the parties taking consideration the purpose of the
class.
obligation and other circumstances.
Example:
2. To be liable for damages in case of fraud, negligence,
I lived in 139 Camachilhan, Bustos,
or delay, in the performance of his obligation, or
Bulacan.
contravention of the tenor thereof.
This is specific because it is the only one
Example of deliver a generic thing
who have an address like that.
You have a delivered a Jasmine
The cellphone that your holding
Rice. You should have delivered a Jasmine
and you decided to sell it worth P1,000.
rice and you cannot deliver any other rice.
And your classmate saw it, and said that
Because that was the agreement of the
he will buy it.
parties (which is generic). It stated that you
You can replace it?
have to deliver just one sack of Jasmine
As a general rule, No. Because that is
Rice.
specific. Because you cannot replace it.
Jasmine Rice is the only thing that must be
o Generic or indeterminate – when it refers only to deliver because it is stated in the agreement.
a class or genus to which it pertains and cannot be So, you should deliver the Jasmine Rice no
pointed out with particularly. other brand of rice.
Example: Different Kinds of Fruits
1. I have two watches. 1. Natural Fruits – are the spontaneous product of the
It is generic because you don’t know what soil, and the young, and other product of animals.
watches is you’re talking about. (there is no intervention of human)
2. One sack of onions, weighing Example:
25kl. Now it was destroyed. Grass
Can you replace it with another 2. Industrial Fruits – are those produced by lands of any
sacks of onions weighing 25kl? kind through cultivation or labor. (there is an
Yes. Because it is generic. intervention of human)
Example: You failed to deliver the car. Return the
Vegetables, rice plants money and you have to pay interest at the
3. Civil Fruits – are those derived by virtue of a juridical amount of P2,000 per day, from the time you
relation. (we are talking about money receiving for receive my money.
that land or plants) (actual damages plus interest)
Example: Accessions and Accessories
Rental of building, leases of plants
o Accessions – the fruits or a thing or additions to or
Personal Right and Real Right improvements upon a thing (the principal)
1. Personal right – is the right or power of a person Example:
(creditor) to demand from another (debtor), as a An air conditioner of a car
definite passive subject, the fulfillment of the latter’s Because it improves the quality of a car
obligation to give, to do, or not to do. o Accessories – things joined to or included with the
- Against the debtor principal thing for the latter’s embellishment, better
- If were talking of the right of the particular use, or completion.
person that is a personal right. Example:
2. Real right – is the right or interest of a person over A charger of a cellphone
a specific thing (like ownership, possession, This is accessories of a thing
mortgage), without a definite passive subject against Situation Contemplated in Article 1167
whom the right may be personally enforced
1. Debtor fails to perform an obligation to do
- Enforceability against the whole world or anyone
Example:
Example:
X ask Y to paint your car and he
Ownership of a land
should return the car within one week. You
Can you enforce your ownership against
already paid Y, but Y failed to perform his
anyone?
obligation to paint the car.
Yes, in fact, if a person enters your property
you can ask him to go out to your property. 2. Debtors performs an obligation to do but
Because it’s yours. contrary to the terms
Remedies of the creditor in Real Example:
X and Y agreed that your pick-up
Obligation truck will be painted black. The pick-up
o Specific real obligation truck was return to you, and it was painted
a. Demand-specific performance the color pink. If you accept it, there is no
Example: problem.
A bought a car. And he’s already paid the But can you reject it?
car. Now, he can ask you to deliver the car. And Of course, because he failed to fulfill his
then, you won’t deliver the car to A. obligation under the contract.
Can he file a case against you? 3. Debtor performs an obligation to do but in
Yes. He can file a case for specific poor manner
performance. Example:
b. Demand for rescission or cancellation He painted the car black. But the
Example: car has a bubble on it. So, it’s not properly
A bought a car from B. But before the painted. Or to make it worst, he used brush
delivery, an earthquake destroys quickly the car. paint in your car.
And now, A will not responsible because it is
fortuitous event. General Rule in Article 1169
That’s the general rule, that regard to the
fortuitous events. “If there’s no demand, there’s no delay.”
“Rescission of a contract, meaning to say,
you were asking for cancellation of the contract. Delay
o Ordinary delay – is merely the failure to perform an
And because you are asking for cancellation, you obligation on time.
have to return what was receive by reason of the Example:
contract.” X promised to deliver a bicycle to
Y. And that bicycle should be delivered
c. Demand for payment of damages today. X wasn’t able to deliver a bicycle
Example: today.
By tomorrow, X already incurred - He is liable even for a fortuitous event when the
an ordinary delay. obligation is to deliver a determinate thing.
Because as simple as mere failure to perform 2. Mora Accipiendi
an obligation on time. - The creditor is guilty of breach of obligations
o Legal delay or default or mora – is the failure to - He is liable for damages suffered, if any, by the
perform an obligation on time which failure debtor.
constitutes a breach of the obligation. - He bears the risk of loss of the thing due.
Kinds of Delay or Default or Mora - When the obligation is to pay money, the debtor
is not liable for interest from time of the
1. Mora Solvendi – the delay on the part of the
creditor’s delay.
debtor to fulfill his obligation to give or to do.
- Debtor is now exempted from the risk of loss.
Example:
3. Compensatio Morae
Paying tax on time. If you fail to
- There is no actionable default in the part of both
achieve it. There’s a consequence.
parties.
2. Mora Accipiendi – the delay on the part of the
creditor to accept the performance of the obligation
Exceptions in the General Rule
1. When the obligation so provides
Example:
2. When the law so provides
X borrowed money from Y in the
- Taxes should be paid.
amount of P5,000. It should be paid on
3. When time is of the essence
January 10, 2023. But on January 10, Y did
- No need for demand
not receive it. Although X was already
4. When demand would be useless
paying for the amount to Y, which is failed
- Theirs is no control
to accept the same.
5. When there is performance by a party in reciprocal
3. Compensatio Morae – the delay of the obligors in obligations
reciprocal obligation of the oblige and vice-versa. - This is compensation morae
Example:
X agree to lend his motorcycle to
Y. While Y, agrees to lend his car to X on
January 10, 2023. If the said that, Jan. 10 has
come and X failed to lend his motorcycle to
Y, and Y failed to lend his car to X. They
are both failed to do their obligation.
Requisites of Delay or Default or Mora
o Mora solvendi
1. Failure of the debtor
2. Demand
- If there’s a failure in obligation, you should ask
for demand.
3. Failure of the debtor to comply with such
demand.
“If ordinary delay only, there’s no breach of an
obligation and seller is not yet liable for damages.”
“If you don’t demand, the law assumes that you’re
extending the date.”
“So, if you want to recover damages, you should
demand first.”
Effects of Delay or Default or Mora
1. Mora Solvendi
- The debtor is guilty of breach or violation of the
obligation
- He is liable to the creditor for interest or
damages.
