A.
Obligations
Obligation – Article 1156. An obligation is a juridical necessity to give, to do, or not to do.
“Juridical Necessity” is juridical tie or vinculum juris that connotes that there will be a legal sanction in
case of non-compliance.
Elements of obligation.
a.) Active Subject – (Creditor / Obligee) or the person demanding the performance of the
obligation.
b.) Passive Subject – (Debtor / Obligor) is the one bound to perform the prestation or to fulfill the
obligation or duty.
c.) Prestation – (to give, to do or not to do) the object or the subject matter of the obligation, or the
conduct required to be observed by the debtor.
d.) Efficient Cause – is the Juridical Tie that binds the parties to the obligation.
Natural vs. Civil Obligation.
Natural Obligation – it is defined in Art. 1423 is a special kind of obligation which is cannot be
enforced in court, but authorizes the retention of the voluntary payment or performance made by the
debtor based on equity and natural law.
Civil Obligation – as defined in Art. 1432, Civil Obligations give a right of action to compel their
performance.
Ang Yu Asuncion vs. CA G.R. No. 109125 December 2, 1994
The obligation is constituted upon the concurrence of the essential elements thereof, viz:
(a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of
obligations (law, contracts, quasi-contracts, delicts, and quasi-delicts);
(b) the object which is the prestation or conduct; required to be observed (to give, to do or not to do);
and
(c) the subject-persons who, viewed from the demandability of the obligation, are the active (obligee)
and the passive (obligor) subjects.
B.) Sources of Obligation
According to Art. 1157, Obligation may arise from (1) Law, (2) contracts, (3) quasi-contracts (4) acts
or omissions punishable by law, and (5) quasi-delicts.
1.) Law (Obligation ex lege) – According to Art 1158, it is imposed by the law itself, it must be
expressly determined and cannot be presumed, only those obligations derived from civil code
and special laws are demandable.
2.) Contracts (obligation ex contractu) – Art 1159, Obligations arising from contracts have the
force of law between the contracting parties and should be complied with in good faith. it arises
from the stipulation of the parties
3.) Quasi-Contracts (Obligation ex-contractu) – it arises from lawful, voluntary, and unilateral acts
which are enforceable to the end that no one shall be unjustly enriched at the expense of
another.
Article 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-
contract to the end that no one shall be unjustly enriched or benefited at the expense of another.
Article 22. Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or
legal ground, shall return the same to him
Two kinds of quasi-contracts
a.) Negotiorum gestio – the unauthorized management of someone’s property in good faith
and taking charge of an abandoned business or property without the owner's authority.
Article 2144. Whoever voluntarily takes charge of the agency or management of the
business or property of another, without any power from the latter, is obliged to continue
the same until the termination of the affair and its incidents, or to require the person
concerned to substitute him, if the owner is in a position to do so. This juridical relation
does not arise in either of these instances:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
b.) Solutio indebiti – the undue payment, this takes place when something is received when
there is no right to demand it and was unduly delivered by mistake.
Article 2154. If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises.
4.) Acts or omissions punishable by law (obligation ex maleficio or ex delicto) – arise from civil
liability which is the consequence of a criminal offense.
Art. 100 of RPC, Every person criminally liable for a felony is also civilly liable.
Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has
not been proved beyond reasonable doubt, a civil action for damages for the same act or omission
may be instituted. Such action requires only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer for damages in case the
complaint should be found to be malicious.
If in a criminal case, the judgment of acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground.
Article 30. When a separate civil action is brought to demand civil liability arising from a criminal
offense, and no criminal proceedings are instituted during the pendency of the civil case, a
preponderance of evidence shall likewise be sufficient to prove the act complained of.
Article 31. When the civil action is based on an obligation not arising from the act or omission
complained of as a felony, such civil action may proceed independently of the criminal proceedings
and regardless of the result of the latter.
5.) Quasi-delicts (quasi-maleficio) – arise from damage caused to another through an act or
omission
Article 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)
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.
Article 2177. Responsibility for fault or negligence under the preceding article is entirely separate
and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff
cannot recover damages twice for the same act or omission of the defendant.
C.) Nature and effects of Obligations
