OBLIGATIONS
CHAPTER 1: General Provisions
WHAT IS OBLIGATIONS?
An obligation is a juridical relation whereby a
person (called the creditor) may demand from
another (called the debtor) the observance of a
determinate conduct, and, in case of breach, may
obtain satisfaction from the assets of the latter. (Arias
Ramos)
WHAT ARE THE ESSENTIAL
REQUISITES OF AN OBLIGATION?
1. Active subject – who has the power to demand the prestation, known as the obligee or
creditor.
2. Passive subject – who is bound to perform the prestation, known as the obligor or
debtor.
3. Object or prestation – conduct required to be observed by the debtor. It is the
subject matter of the obligation
4. Efficient cause or the Juridical tie between the two subjects by reason of which
the debtor is bound in favor of the creditor to perform the prestation.
Romeo enters a contract of sale with Juliet
who paid the purchase price of an iPhone 11
Pro. Romeo did not deliver the said iPhone 11
Pro.
FORM OF AN OBLIGATION
General Rule: The
law does not require any form in obligation
arising from contracts for their validity or binding force
(Art. 1356)
Exception: When the law requires that a contract be in some form in order
that it may be valid or enforceable, or that a contract be proved in a
certain way.
Obligations arising from other sources (Art. 1157) do not have any form at all.
KINDS OF OBLIGATION
AS TO SUBJECT MATTER
Real Obligation (To give) – is that in which the subject matter is a
thing which the obligor must deliver to the obligee.
Personal Obligation (To do or not to do)– is that in which the subject
matter is an act to be done or not to be done.
SOURCES OF OBLIGATION
(ART. 1157)
1. Law
2. Contracts
3. Quasi-Contract
4. Act or Omissions punished by law (Delict)
5. Quasi-delict
Art. 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.
Art. 1159. Obligations arising from contracts have the
force of law between the contracting parties and
should be complied with in good faith.
Art. 1160. Obligations derived from quasi-
contracts shall be subject to the provisions of
Chapter 1, Title XVII of this Book.
WHAT IS QUASI-
CONTRACT?
A quasi-contract is a juridical relation which arises from certain
lawful, voluntary, and unilateral acts, to the end that no
one may be unjustly enriched or benefited at the expense of
another.
KINDS OF QUASI-CONTRACT
1. Negotiorum Gestio (Management of Another’s property) – is the
voluntary management of property or affairs of another without the
knowledge or consent of the latter. (Art. 2144)
2. Solutio Indebiti (Payment by Mistake) – is 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. (Art. 2154)
FOLLOWING PROVISIONS OF THE CODE:
EXAMPLES OF QUASI-CONTRACT
Art. 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.
Art. 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.
Art. 2168 When during a file, 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.
Art. 2175. Any person who is constrained to pay the taxes of another shall
be entitled to reimbursement from the latter.
Art. 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.
SCOPE OF CIVIL LIABILITY
1. Restitution – the thing shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful means.
2. Reparation for the damage caused – court shall determine the amount of
damage, taking into consideration the price of the thing, whenever possible, and its
special sentimental value to the injured party.
3. Indemnification for consequential damages – indemnification for
consequential damages shall include not only those caused the injured party, but
also those suffered by his family or by a third person by reason of the crime.
WHAT IS QUASI-DELICT?
A quasi-delict is 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.
While trying to pass each other on a narrow bridge, a Ceres Bus
and a private automobile collided, and the plaintiff, a passenger
in the truck, was injured. The owner of the Ceres Bus and the
owner of the private car were made defendants.
