OBLIGATION

Civil Code of the Philippines

 Definition
 Article 1156- An obligation is a juridical necessity to give, to do or not to do. (n)
 Elements
 Article 1157- Obligations arise from:

(1) Law;

(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts.

 Deligence of a Good Father

 Article 1163- Every person obliged to give something is also obliged to take care of it with
the proper diligence of a good father of a family, unless the law or the stipulation of the
parties requires another standard of care.
 Kinds of Fruits
 Article 1164- The creditor has a right to the fruits of the thing from the time the obligation
to deliver it arises. However, he shall acquire no real right over it until the same has been
delivered to him.
 Determinate/ Indeterminate thing
 Article 1165- When what is to be delivered is a determinate thing, the creditor, in addition
to the right granted him by article 1170, may compel the debtor to make the delivery. If the
thing is indeterminate or generic, he may ask that the obligation be complied with at the
expense of the debtor. If the obligor delays, or has promised to deliver the same thing to
two or more persons who do not have the same interest, he shall be responsible for any
fortuitous event until he has effected the delivery.
 Article 1166- The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned.

 Negotiorum Gestio
 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)

 Article 2145. The officious manager shall perform his duties with all the diligence of a good
father of a family, and pay the damages which through his fault or negligence may be
suffered by the owner of the property or business under management. The courts may,
however, increase or moderate the indemnity according to the circumstances of each case.
(1889a)

 Article 2146. If the officious manager delegates to another person all or some of his duties,
he shall be liable for the acts of the delegate, without prejudice to the direct obligation of
the latter toward the owner of the business. The responsibility of two or more officious
managers shall be solidary, unless the management was assumed to save the thing or
business from imminent danger. (1890a)

 Article 2147. The officious manager shall be liable for any fortuitous event:
(1) If he undertakes risky operations which the owner was not accustomed to embark
upon;
(2) If he has preferred his own interest to that of the owner;
(3) If he fails to return the property or business after demand by the owner;
(4) If he assumed the management in bad faith. (1891a)

 Article 2148. Except when the management was assumed to save property or business
from imminent danger, the officious manager shall be liable for fortuitous events:

(1) If he is manifestly unfit to carry on the management;

(2) If by his intervention he prevented a more competent person from taking up the
management. (n)

 Article 2149. The ratification of the management by the owner of the business produces
the effects of an express agency, even if the business may not have been successful.
(1892a)

 Article 2150. Although the officious management may not have been expressly ratified, the
owner of the property or business who enjoys the advantages of the same shall be liable for
obligations incurred in his interest, and shall reimburse the officious manager for the
necessary and useful expenses and for the damages which the latter may have suffered in
the performance of his duties. The same obligation shall be incumbent upon him when the
management had for its purpose the prevention of an imminent and manifest loss,
although no benefit may have been derived. (1893)
  Article 2151. Even though the owner did not derive any benefit and there has been no
imminent and manifest danger to the property or business, the owner is liable as
under the first paragraph of the preceding article, provided:

(1) The officious manager has acted in good faith, and

(2) The property or business is intact, ready to be returned to the owner. (n)

 Article 2152. The officious manager is personally liable for contracts which he has entered
into with third persons, even though he acted in the name of the owner, and there shall be
no right of action between the owner and third persons. These provisions shall not apply:

(1) If the owner has expressly or tacitly ratified the management, or

(2) When the contract refers to things pertaining to the
owner of the business. (n)
 Article 2153. The management is extinguished:
(1) When the owner repudiates it or puts an end thereto;
(2) When the officious manager withdraws from the management, subject to the
provisions of article 2144;
(3) By the death, civil interdiction, insanity or insolvency of the owner or the officious
manager. (n)

 SECTION 2 Solutio Indebiti

 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)
 Article 2155. Payment by reason of a mistake in the construction or application of a
doubtful or difficult question of law may come within the scope of the preceding article.
(n)

 Article 2156. If the payer was in doubt whether the debt was due, he may recover if he
proves that it was not due. (n)

 Article 2157. The responsibility of two or more payees, when there has been payment of
what is not due, is solidary. (n)

 Article 2158. When the property delivered or money paid belongs to a third person, the
payee shall comply with the provisions of article 1984. (n)

 Article 2159. Whoever in bad faith accepts an undue payment, shall pay legal interest if a
sum of money is involved, or shall be liable for fruits received or which should have been
received if the thing produces fruits.

 He shall furthermore be answerable for any loss or impairment of the thing from any
cause, and for damages to the person who delivered the thing, until it is recovered.
(1896a)

 Article 2160. He who in good faith accepts an undue payment of a thing certain and
determinate shall only be responsible for the impairment or loss of the same or its
 accessories and accessions insofar as he has thereby been benefited. If he has alienated it,
he shall return the price or assign the action to collect the sum. (1897)

 Article 2161. As regards the reimbursement for improvements and expenses incurred by
him who unduly received the thing, the provisions of Title V of Book II shall govern. (1898)

 Article 2162. He shall be exempt from the obligation to restore who, believing in good faith
that the payment was being made of a legitimate and subsisting claim, destroyed the
document, or allowed the action to prescribe, or gave up the pledges, or cancelled the
guaranties for his right. He who paid unduly may proceed only against the true debtor or the
guarantors with regard to whom the action is still effective. (1899)

 Article 2163. It is presumed that there was a mistake in the payment if something which
had never been due or had already been paid was delivered; but he from whom the return
is claimed may prove that the delivery was made out of liberality or for any other just
cause. (1901)

 Kinds of fruits (Art. 441) that the debtor is also obliged to deliver:

a. Natural Fruits - They are the spontaneous products of the soil, and the young and other
products of animals. (Art. 442) Examples: trees that naturally grows. Young and other
products of animals.

b. Industrial Fruits - Industrial fruits are those produced by lands of any kind through
cultivation or labor. (Art. 442) Examples: corn and other crops, rice, other products that is a
result of cultivation and intervention of human labor.

c. Civil Fruits -They are the result of a juridical relation such as the rents of buildings, the
price of leases of lands and other property and the amount of perpetual or life annuities or
other similar income. (Art. 442)

 Sources

 https://www.wipo.int/edocs/lexdocs/laws/en/ph/ph021en.pdf
 https://steemit.com/philippines/@paulthebeloved/philippine-laws-obligations-
and-contracts-chapter-2-part-1