Tab 1
LAW101-H1
Deanna Jhozit M. Lumayag
LAW101- H1: Chapter 1
Article 1156, Civil code
I. Definition
II. Elements
1. Active Subject
2. Passive Subject
3. Object or Prestation
4. Efficient Cause or Judicial Tie
III. Natural Obligations
1. Definition (Art.1423,CC)
2. Examples (Art. 1414-1430)
3. Difference between Natural and Civil Obligations (Art. 1423)
4. Distinguished from moral obligations
I. Villaroel v. Estrade, 71 Phil. 140 (1940)
II. Fisher v. Robb, 69 Phil. 101 (1939)
5. Conversion of civil obligation
I. By novation
II. By ratification
IV. Sources of Obligation
1. Law (Art. 1158)
2. Contracts (Art.1159, 1305)
3. Quasi Contacts (Art. 1160, 2142)
Kinds:
a. Negotiorum Gestio (Art. 2144)
b. Solutio Indebiti (Art. 2154)
c. Others (Art. 2164-2175)
4. Delicts or Crime (Art. 1161)
5. Quasi Delicts (Art. 1162, 2176)
a. Distinction between crimes and quasi-delicts
b. Vicarious liability (Art. 2180, Art. 218-219, Family code)
c. Civil Liability arising crime crime (Art. 1161; Rule 111, Revised Rules of Criminal
Procedure)
I. Dela Cruz v. Northern Theatrical Enterprises, 95 Phil. 739 (1954)
II. Javarag v. Sandiganbayan, G.R. No. L-56170
III. Perez v. Pomar, 2 Phil. 682 (1903)
IV. Gutierrez v. Gutierrez, G.R. No. 34840
V. PSBA v. Court of appeals, G.R. No. 84698, February 4, 1992
VI. Manliclic et al. v. Calaunan, G.R. No. 150157, January 25, 2007
Article 1156 of the Civil Code of the Philippines states: "the obligation is a juridical necessity to give, to do and
not to do
Elements of Prescription:
1.Active Subject: The creditor who possesses the right to enforce the obligation.
2.Passive Subject: The debtor who is obliged to perform the prestation.
3.Object or Prestation: The subject matter of the obligation, which may involve giving, doing, or not
doing something.
4.Efficient Cause or Juridical Tie: The legal bond that binds the parties to the obligation.
Natural Obligations: According to Article 1423 of the Civil Code, obligations are either civil or natural. Civil
obligations grant a right of action to compel their performance, whereas natural obligations, arising from equity
and natural law, do not provide such a right of action but allow the retention of what has been voluntarily
performed.
Examples of Natural Obligations (Articles 1424-1430):
●Performance after the action to enforce civil obligation has prescribed.
●Reimbursement of a third person for a debt that has prescribed.
●Restitution by minors after annulment of a contract.
●Delivery by minors of money or fungibles without the consent of the parents or guardian.
●Performance after action to enforce a voidable contract has prescribed.
●Payment of legacy after the will has been declared void.
●Payment of debt by heir after estate has been divided.
Difference Between Natural and Civil Obligations: Civil obligations are enforceable by court action, granting
the creditor the right to compel performance. Natural obligations, on the other hand, are not legally
enforceable; however, once voluntarily performed, the obligor cannot recover what has been delivered or
rendered.
Distinguished from Moral Obligations: Natural obligations are based on equity and natural law and have
legal recognition, allowing retention of performance. Moral obligations, however, are based solely on ethical
considerations and do not have legal effects; their performance cannot be demanded, nor can retention be
justified upon voluntary fulfillment.
Case References:
●Villaroel v. Estrada, 71 Phil. 140 (1940): This case discusses the nature of obligations and the effects
of prescription on the enforceability of claims.
●Fisher v. Robb, 69 Phil. 101 (1939): This case examines the interruption of prescription through
acknowledgment of debt and its implications on the rights of creditors.
Conversion of Civil Obligation:
●By Novation: Replacing an existing obligation with a new one, thereby extinguishing the original
obligation.
By novation: like agreeing to start fresh with a new contract that replaces the old one. This happens
when both parties in a legal obligation agree to replace the original obligation with a new one. For
example, if someone owes money, they might agree with the creditor to switch the debt to something
else (service for example) effectively replacing the old obligation with the new one.
●By Ratification: Confirming a previously voidable contract, thus making it enforceable.
By ratification: is like giving formal approval to an obligation that already exists. This occurs when
someone accepts or confirms an obligation after it has already been created. For instance, The school
proposed a new dress code, but it needed ratification by the student council before it could be enforced.
Sources of Obligation:
1.Law (Article 1158): Obligations imposed by law itself
Article 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)
- This means that obligations that are based on law don't happen automatically, they must be
clearly stated in the law. they follow rules set by specific law. they don't just appear out of thin
air, it must be clearly mentioned and if something isn't specifically mentioned the civil code
should be followed instead.
- It is the ultimate source of obligations—the legal obligations (obligation na direktang pinaguutos
ng batas mismo) Ex. obligation to pay taxes na itinikda nag national revenue code. Another
example is to support your family in the civil code of the Philippines.
- means that obligations should be expressly provided by law, dapat mwyronf batas na mag
define sa obligation, otherwise they can't be presumed to exist. Dili pwede presumption lang, if
walay law that it is not demandable and enforceable. It should be clearly stated and nakasaad
sa batas like our obligation to pay taxes then andun sya dapat sa tax code of the Philippines.
2.Contracts (Articles 1159, 1305): Obligations arising from agreements between parties.
Article 1159. Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith. (1091a)
Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. (1254a)
- Art. 1159 means that once 2 entities enter into a contract, the terms of that agreement become
legally binding. both parties are required to respect and follow through on what they agree into
and they must do it in good faith
- Article 1305 simply means when you agree to something, you have legal obligations to follow
through but if you don't, the other party can demand you to fix it or do what exactly you
promised or get compensation.
- This provision speaks of the contractual obligations or the obligation that arises from contract or
voluntary agreements. To simplify contracts are law within the parties and shall be complied with
in good faith. Good faith means compliance in accordance with the stipulations or terms sa
contract nga tag himo. Whatever terms tag put sa contact, it should be complied and respected.
- Law recognizes the obligatory force of contract so dapat walay biskan kinsa sa parties ang
pwede mag invade or Dili mo sunod sa ilang gipag usapan.
- According to article 1306, a contract is valid if it is not in contradiction to law and in order to
have a valid contract it should not be against the law because in the eyes of the law a void
contract does not exist. Ex Partner A will kill partner B if di sya kabayad sa utang, it is not valid
since killing is contrary sa law.
3.Quasi-Contracts (Article 1160): Obligations arising from lawful, voluntary acts that benefit another
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1,
Title XVII, of this Book. (n)
- says obligation arise from quasi contracts, even without a formal agreement. These happens
when one person benefits unfairly at another's expense and the law requires the m to return or
compensate to prevent unfairness. Examples are if someone manages your property without
being asked (to protect it), you must repay their expenses or if you are paid money by mistake,
you must give it back. It's about fairness making sure no one is unjustly enriched. So according
to Article 1160 it is an obligation whenever these kind of situation arises and that obligations is
to payback or return something for fairness.
Negotiorum Gestio (Article 2144): Managing another's affairs without 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.
In the first case, the provisions of articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall
govern.
In the second case, the rules on agency in Title X of this Book shall be applicable. (1888a)
- These happens when someone voluntarily takes care of another person's affair or property without
being asked. The person who benefits is obligated to reimburse necessary expanses or damages
caused. Ex if you water your neighbors plants while they are away without being asked, they should
repay you for any cost you incured.
- It is not applicable if if the owner is already managing it's property properly, no one should step in or if
someone insist to manage your property despite you telling them not to, they can't demand
reimbursement. Another is if they manage the property to gain something for themselves lang then it is
not applicable. For case 1 if someone acts without authorization, the rules on article 1317, 1403 and
1404 applies, these acts deals with unauthorized contracts. If the owner has approved the actions, the
situation falls under the rules of the agency which are covered in the diff part of the civil code (title X).
Solutio Indebiti (Article 2154): Receiving something not due and the obligation to return it.
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. (1895)
- When someone mistakenly gives something they don't owe, the receiver is obligated to return it. Ex: if a
bank accidentally deposits money into your account, you must return it because your not entitled to it. It
is not applicable if you know you didn't owe anything but still decided to pay (like giving a gift) you can't
ask for it back. Another one is that if it is an obligation, if you voluntarily pays it then you can't recover it.
- Solutio Indebiti is all about returning money or things paid by mistake or when there is no valid reason
for the receiver to keep it. But it doesn't apply when you intentionally pay, owe something, or fulfill a
moral obligation. Ex: nagpasinsilyo ka sa 500 ug tinag 100 tas subro, you are obliged to return back the
subra.
Others (Art. 2164-2175)
Article 2164. When, without the knowledge of the person obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and
without intention of being repaid. (1894a)
- If someone provides support (like food or money) to a person in need, without the knowledge of the
person who should’ve been responsible, they can ask for reimbursement—unless they gave the
support purely out of kindness.
- Example: A stranger pays for a child's school fees because the parents are unaware. The stranger can
ask the parents to repay them.
Article 2165. When funeral expenses are borne by a third person, without the knowledge of those relatives
who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the
latter claim reimbursement. (1894a)
- If someone pays for funeral expenses without telling the family responsible, they can ask the family to
reimburse them.
- Example: A neighbor pays for the funeral of a friend's relative. The family must repay the neighbor if
asked.
Article 2166. When the person obliged to support an orphan, or an insane or other indigent person unjustly
refuses to give support to the latter, any third person may furnish support to the needy individual, with right of
reimbursement from the person obliged to give support. The provisions of this article apply when the father or
mother of a child under eighteen years of age unjustly refuses to support him.
- If someone refuses to support a person they are legally obligated to (like a child or an orphan), a third
party can step in and provide help, then demand repayment from the one who refused.
- Example: A father refuses to pay for his child's medicine, so the child's aunt buys it. She can ask the
father to reimburse her.
Article 2167. When through an accident or other cause a person is injured or becomes seriously ill, and he is
treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the
services of the physician or other person aiding him, unless the service has been rendered out of pure
generosity.
- If someone gets injured or sick and can’t give consent, anyone who helps them (like a doctor or
rescuer) can expect payment unless they helped purely out of generosity.
Example: After a car accident, a doctor treats the injured person. The injured person must pay for the
service later.
Article 2168. When during a fire, flood, storm, or other calamity, property is saved from destruction by another
person without the knowledge of the owner, the latter is bound to pay the former just compensation.
- If someone saves your property during a disaster (fire, flood, etc.) without your knowledge, you owe
them fair compensation.
- Example: During a fire, a neighbor saves your car. You should compensate them for their effort.
Article 2169. When the government, upon the failure of any person to comply with health or safety regulations
concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the
expenses.
- If the government fixes something on your property because you didn’t comply with health or safety
rules, you must pay the costs.
- Example: The government repairs a broken septic tank on your land because you ignored warnings.
You have to cover the expenses.
Article 2170.
When by accident or other fortuitous event, movables separately pertaining to two or more persons are
commingled or confused, the rules on co-ownership shall be applicable.
- If movable items owned by different people mix accidentally, they should follow co-ownership rules to
sort it out.
- Example: Two people’s grains get mixed after a storm blows their sacks open. They’ll divide the mix
proportionately.
Article 2171. The rights and obligations of the finder of lost personal property shall be governed by articles 719
and 720.
- If you find lost personal property, your rights and obligations are covered by other specific rules.
- Example: You find a wallet on the street. The law says you must return it to the owner or follow specific
procedures.
Article 2172. The right of every possessor in good faith to reimbursement for necessary and useful expenses
is governed by article 546.
- If someone in good faith spends money to improve or preserve property they possess, they have the
right to be reimbursed.
- Example: A tenant fixes leaking pipes in the rental property. The landlord should reimburse them.
Article 2173. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former
are governed by articles 1236 and 1237.
- If someone pays another person’s debt without their knowledge, the law determines if and how they can
claim repayment.
- Example: A friend secretly pays off your loan to avoid late fees. They may ask you to repay them later.
Article 2174. When in a small community a majority of the inhabitants of age decide upon a measure for
protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses
to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said
expenses.
- If most people in a small community agree on a project for safety or disaster prevention, even those
who object must pay their share if they benefit.
- Example: A neighborhood builds a flood barrier. A resident who refused to help still has to pay because
their home is now protected.
Article 2175. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement
from the latter.
- If someone is forced to pay taxes on behalf of someone else, they can demand reimbursement.
- Example: You pay your sibling’s unpaid property tax to prevent penalties. You can ask them to repay
you.
4.Delicts or Crimes (Article 1161): Obligations arising from criminal offenses.
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 1161 states that when a crime causes harm, the offender may have a civil obligations
(like paying damages) in addition to criminal liability.
- Article 2177 states how civil liability works in cases of crimes and quasidilects (wrongful acts)
- CH2, preliminary title covers human relations, ensuring fairness and justice in dealings
- Title XVIII regulates the payment of damages to compensate victims for their loss
- Crimes can result in both criminal punishment and the obligation to compensate the victim
under civil law.
- It is in Article 100 of the RPC that every person that is criminally liable for felony is also
civilly liable
- commission of a crime is a source of obligation so if a person therefore guilty of a crime, he
must not only be in prison but he shall also answer for damages as a civil obligations. If you
commit a crime, you are liable both criminally and civili.
You compensate in Restoration- you have to return the thing itself, Reparation of the damaged
caused- if ever Dili na mabalik and thing itself you have to compensate for the value of that
thing, the court determined the cost by the value of the thing itself and the sentimental value of
the product and 3rd us the Indemnification for consequential damages- payment of another
damages that have been caused to the injured party or by the 3rd person. Pinsalang dulot Bali.
Ex. Gi kawat ang car maong wa ka work, salary, car damage are refundable.
5.Quasi-Delicts (Article 1162): Obligations arising from damages caused to another through fault or
negligence.
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)
- This provision implies that obligations arising from quasi-delicts or wrongful acts or negligence
causing damage to others are governed by specific rules in the civil code and other special
laws. Ex if you accidentally damage someone's property like hitting others car due to
negligence, you are obligated to compensate for the harm caused, even if there is no contract
between you and the victim.
- These ensures a countability from damages caused by negligence or fault
- From fault or kapabayaan even though there is no contract that say so you still have the
obligation to pay for the damages (walay problem if walay damages/injured)
Distinction Between Crimes and Quasi-Delicts:
●Crimes are offenses against the state, prosecuted by the government, and may result in both criminal
and civil liabilities.
- acts that breaks the law and are considered offenses against society or the government Ex.
stealing is assaulting and the punishments are jaultime, fines, or both. (offenses against law)
●Quasi-delicts are private wrongs causing damage to an individual, leading to civil liability for damages.
- acts where someone carelessness or negligence causes harm to another person but no laws is
directly broken. Ex. accidentally hitting someone's car because you weren't paying attention and
punishing pay for damages caused. (harm caused by negligence)
Vicarious Liability (Article 2180): Certain individuals (e.g., employers, parents) may be held liable for
damages caused by persons under their responsibility due to the relationship between them.
Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions,
but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the
minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority
and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by
their employees in the service of the branches in which the latter are employed or on the occasion of their
functions.
Employers shall be liable for the 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.
The State is responsible in like manner when it acts through a special agent; but not when the damage has
been caused by the official to whom the task done properly pertains, in which case what is provided in article
2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they
observed all the diligence of a good father of a family to prevent damage. (1903a)
- means being held responsible for someone's else's action, even if you don't directly cause the harm.
This usually happens in relationships when one person has the authority or control over the other. Ex.
the employer is vicariously liable for damages caused by their employee while doing their job (like a
delivery driver causing an accident during work ) it's being accountable for the mistakes of those under
your supervision or authority.
Civil Liability Arising from Crime (Article 1161; Rule 111, Revised Rules of Criminal Procedure): The
commission of a crime may give rise to civil liability, requiring the offender to indemnify the victim for damages
suffered.
- means when someone commits crime, they are not only punished under criminal law but may also be
required to pay for the harm or damage caused.
- 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)
- says that and it means that a person guilty of a crime is responsible for paying damages to the victim
(civil liability) example a thief must return what has been stolen plus or pay the equivalent value.
- Rule in RR of CP says that the civil case for the damages is usually filed together with the criminal case
and if the criminal case is dismissed, the victim can still sue for civil damages separately. If you commit
a crime, you're not just punishable by jail/fine, you must also compensate the victim for their loss or
injury.
Additional Case References:
1.Dela Cruz v. Northern Theatrical Enterprises, 95 Phil. 739 (1954): Addresses issues related to
contractual obligations and liabilities.
2.Javellana v. Sandiganbayan, G.R. No. L-56170: Discusses the nuances of quasi-delicts and the
extent of liability.
3.Perez v. Pomar, 2 Phil. 682 (1903): Explores the effects of novation on existing obligations.
4.Gutierrez v. Gutierrez, G.R. No. 34840: Examines the implications of ratification on voidable contracts.
5.PSBA v. Court of Appeals, G.R. No. 84698, February 4, 1992: