I.

GENERAL PROVISIONS represents the sum of

money given as a
compensation for the
ARTICLE 1156 injury or harm
suffered by the
An obligation is a creditor or obligee
juridical necessity to for the violation of
give, to do or not to do. his rights.
Obligation - The debtor must
- Derived from the comply with his
Latin word Obligatio obligation whether he
which means tying or likes it or not;
binding. otherwise, his
- A tie or bond failure will be
recognized by law by visited with some
virtue of which one harmful or
is bound in favor of undesirable
another to render consequences.
something – and this - If obligations were
may consist in giving not made enforceable,
a thing, doing a people can disregard
certain act or not them with impunity.
doing a certain act. - There are obligations
- The act or
that cannot be
performance in which
the law is enforced. enforced because they
are not recognized by
Civil Code law as binding.
- Stresses the duty under Nature of obligations under
the law of the debtor or the civil code
obligor when it speaks of a) Civil Obligations
obligation as a juridical - Obligations which
necessity give to the creditor
or obligee a right
Juridical necessity under the law to
- In case of enforce their
noncompliance, the performance in courts
courts of justice may of justice
be called upon by the b) Natural Obligations
aggrieved party to - Not being based on
enforce its positive law but on
fulfillment or, in equity and natural
default thereof, the law, do not grant a
economic value that right of action to
it represents. enforce their
- In a proper case, the performance, but
debtor or obligor may voluntary
also be made liable fulfillment by the
for damages, which obligor, they
authorize the
 retention of what has - The power which a
been delivered or person has under the
rendered by reason law, to demand from
thereof. (Art. 1423) another any
prestation.
Essential requisites of an ● Wrong
obligation - Cause of action
o Passive subject - An act or omission
- called debtor or of one party in
obligor; the person violation of the
who is bound to the legal rights or
fulfillment of the rights of another.
obligation – he who ● Injury
has a duty. - the wrongful
o Active subject violation of the
- called creditor or legal right of
obligee; the person another o Essential
who is entitled to elements of a legal
demand the wrong or injury
fulfillment of the - A legal right in
obligation – he who favor of a person
has a right. (creditor/obligee.
o Object or prestation plaintiff)
- Subject matter of the - a correlative legal
obligation; the obligation on the
conduct required to part of another
be observed by the (debtor/obligor/defe
debtor. ndant); to respect or
- It may consist in not to
giving, doing or not violate said right;
doing. and
- Without it, there is - an act or omission by
nothing to perform. the latter in
o Juridical or legal tie violation of said
- Also called efficient right with resulting
cause; that which injury or damage to
binds or connects the the former
parties to the
obligation.
Form of obligations
- Manner in which an
obligation is Kinds of obligation
manifested or according to the subject
incurred. matter
- May be oral, writing, 1) Real obligation
partly oral and - Obligation to give
partly in writing - The subject matter is
a thing which the
● Right
 obligor must deliver contractual relation
to the obligee exists between the
2) Personal obligation parties .
- Obligation to do or
not to do Sources classified
- The subject matter is
an act to be done or 1. Those emanating from
not to be done law ; and
a) Positive personal 2. Those emanating from
obligation (to do) private acts which may be
b) Negative personal further subdivided into
obligation (not to two:
do, not to give) a) Those arising from
licit acts, in the case of
ARTICLE 1157 contracts and quasi
contracts (infra); and
b) Those arising from
Obligations arise from: illicit acts, which may be
1. Law - when they are either punishable in the
imposed by law case of delicts or crimes,
itself. or not punishable in the
2. Contracts – when they case of quasi-delicts or
arise from the torts (
stipulation of the infra.)
parties.
3. Quasi-contracts – ARTICLE 1158
when they arise from
lawful, voluntary and
unilateral acts which Obligations derived from
are enforceable to law are not presumed. Only
the end that no one those expressly determined
shall be unjustly in this Code or in special
enriched or benefited laws are demandable, and
at the expense of shall be regulated by the
another. precepts of the law which
4. Acts or omissions establishes them: and as to
punished by law – what has not been
when they arise from foreseen, by the provisions
civil liability which of this Book. (1090)
is the consequence of
a criminal offense. Legal Obligation
- Legal obligation or
5. Quasi-delicts
obligation arising
(1089a) – or torts;
from law.
when they arise from
- Not presumed because
damage caused to
they are considered a
another through an
burden upon the
act or omission,
obligor.
there being fault or
negligence, but no
 - Exception, not the contract is superior
rule to the law.
- To be demandable, - As a source of
they must be clearly enforceable
set forth in the law. obligation, contract
(civil code or must be valid and it
special laws) cannot be valid if it
Special Laws is against the law
- All other laws not 2. Requirement if a
contained in the Civil Code valid contract
- A contract is valid
ARTICLE 1159 if it is not contrary
to the law, morals,
good customs, public
Obligations arising from order and public
contracts have the force of policy.
the law between the - It is invalid or void
contracting parties and if it is contrary to
should be complied with in law, morals, good
good faith (1091a) customs, public order
or public policy.
Contractual Obligations 3. Breach of contract
- A contract may be
- Contractual breached or violated
obligations or by a party in whole
obligations arising or in part.
from contracts or - Takes place when a
voluntary party fails or
agreements. refuses to comply
- Presupposes that the without legal reason
contracts entered or justification,
into are valid and with his obligation
enforceable under the contract as
Contract promised.
- Meeting of minds between
two persons whereby one ● Compliance in good
binds himself, with respect faith.
to the other, to give - Compliance or performance
something or to render some in accordance with the
service stipulations or terms of
1. Binding Force the contract or agreement.
- Obligations arising
from contracts have
the force of the law
ARTICLE 1160
between the
contracting parties. Obligations derived from
- This does not mean, quasi -contracts shall be
however, that subject to the provisions
of Chapter 1, Title XVII of ARTICLE 1161
this Book (n)
Civil obligations arising
Quasi-contract from criminal offenses
- Juridical relation shall be governed by the
resulting from penal laws, subject to the
lawful, voluntary, provisions of article 2177,
unilateral acts by and of the pertinent
virtue of which the provisions of Chapter 2,
parties become bound Preliminary Title, on Human
to each other to the
Relations and of Title XVII
end that no one will of this Book, regulating
be unjustly enriched damages (1092a)
or benefited at the
expense of another Civil liability arising
Kinds of quasi – contracts from crimes or delicts
1. The commission of a
● Negotiorum gestio crime causes not only
- voluntary management moral evil but also
of the property or material damage. From
affairs of another this principle, the
without the knowledge rule has been
or consent of the established that
latter every person
criminally liable for
● Solutio indebiti an act or omission is
- Juridical relation also civilly liable
which is created when for damages. (Art.
something is received 100, Revised Penal
when there is no Code)
right to demand it
and it was unduly 2. In crimes, however,
delivered through which cause no
mistake.The
material damage,
requisites are: there is no civil
liability to be
➔ There is no right to enforced. But a
receive the thing person not criminally
delivered; and responsible may still
➔ The thing was be liable civilly,
delivered through a such as failure to
mistake. pay a contractual
debt; causing damage
Other examples of quasi- to another’s property
contracts without malicious or
- Provided in Article 2164 criminal intent or
to Article 2175 of the negligence, etc.
Civil Code. Scope of civil liability
1. Restitution
 2. Reparation for the
damage caused; and
3. Indemnification for
consequential
damages. (Art. 104,
Revised Penal Code.)

ARTICLE 1162

Obligations derived from

quasi-delicts shall be
governed by the provisions
of Chapter 2, Title XVII of
this Book and by special
laws (1093a)

Quasi – delict
- an act or omission by a
person which causes damage
to another in his person,
property or rights
giving rise to an
obligation to pay for the
damage done, there being
fault or negligence but
there is no
pre-existing contractual
relation between the
parties. (Art 2176)

Requisites of quasi-delict
1. Act or omission
2. Fault or negligence
3. Damage caused
4. Direct relation or
connection of cause
and effect between
the act or omission
and the damage
5. No pre-existing
contractual relation
between the parties