TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

Requisites or STUDY GUIDE: (10 JULY 2015 –

Friday)

2. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

3. Requisites or elements of an obligation:

(a) Active subject (obligee or creditor)
(b) Passive subject (obligor or debtor)
(c) Object or prestation (subject matter of the obligation)
(d) Juridical or legal tie (vinculum or efficient cause)

4. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

5. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

1
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

6. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

7. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

8. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(c)
(d) Crimes or delicts (Art. 1161) (See Art.
2142)
(e) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

2
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

9. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

10. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
2. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

3
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
3. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
4. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died

4
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

10. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

11. Requisites or elements of an obligation:

(e) Active subject (obligee or creditor)
(f) Passive subject (obligor or debtor)
(g) Object or prestation (subject matter of the obligation)
(h) Juridical or legal tie (vinculum or efficient cause)

12. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

5
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

13. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

14. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

15. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

16. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(f) Quasi-contracts (Art. 1160)

6
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Crimes or delicts (Art. 1161) (See Art.

(g)
2142)
(h) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

17. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

11. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

7
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

8. Under a building contract, Engr. So agreed to construct the

house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
9. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
10. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
11. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
12. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
13. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on

8
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
14. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

18. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

19. Requisites or elements of an obligation:

(i) Active subject (obligee or creditor)
(j) Passive subject (obligor or debtor)
(k) Object or prestation (subject matter of the obligation)
(l) Juridical or legal tie (vinculum or efficient cause)

20. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

9
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

21. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

22. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

23. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

24. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

10
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Quasi-contracts (Art. 1160)

(i)
(j) Crimes or delicts (Art. 1161) (See Art.
2142)
(k) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

25. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

12. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

11
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
15. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
16. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
17. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
18. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
19. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

12
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

20. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
21. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

26. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

27. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

13
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Quasi-contracts (Art. 1160)

(l)
(m) Crimes or delicts (Art. 1161) (See Art.
2142)
(n) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

28. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

13. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

14
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
22. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
23. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
24. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
25. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
26. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

15
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

27. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
28. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

29. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

30. Requisites or elements of an obligation:

(m) Active subject (obligee or creditor)
(n) Passive subject (obligor or debtor)
(o) Object or prestation (subject matter of the obligation)
(p) Juridical or legal tie (vinculum or efficient cause)

31. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

16
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

32. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

33. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

34. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

35. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

17
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Quasi-contracts (Art. 1160)

(o)
(p) Crimes or delicts (Art. 1161) (See Art.
2142)
(q) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

36. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

14. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

18
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
29. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
30. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
31. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
32. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
33. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you

19
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

11 pieces of P100 bills. Can you be compelled to return the excess

considering the negligence of the bank’s teller?
34. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
35. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

37. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

38. Requisites or elements of an obligation:

(q) Active subject (obligee or creditor)
(r) Passive subject (obligor or debtor)

20
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(s) Object or prestation (subject matter of the obligation)

(t) Juridical or legal tie (vinculum or efficient cause)

39. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

40. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

41. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

42. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

43. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

21
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(r)
(s) Crimes or delicts (Art. 1161) (See Art.
2142)
(t) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

44. Requisites for quasi-delict.

(a) Act or omission

22
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

(b) Fault or negligence
fault and damage
(e) No pre-existing contractual
(c) Damage
relations

15. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
36. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
37. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
38. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
39. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from

23
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
40. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
41. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
42. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

45. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

24
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

46. Requisites or elements of an obligation:

(u) Active subject (obligee or creditor)
(v) Passive subject (obligor or debtor)
(w) Object or prestation (subject matter of the obligation)
(x) Juridical or legal tie (vinculum or efficient cause)

47. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

48. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

49. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

50. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

51. Sources of obligations : (Art. 1157)

25
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(u)
(v) Crimes or delicts (Art. 1161) (See Art.
2142)
(w) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

26
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

52. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

16. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
43. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
44. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
45. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
46. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of

27
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
47. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
48. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
49. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

28
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

53. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

54. Requisites or elements of an obligation:

(y) Active subject (obligee or creditor)
(z) Passive subject (obligor or debtor)
(aa) Object or prestation (subject matter of the obligation)
(bb) Juridical or legal tie ( vinculum or efficient cause)

55. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

56. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

57. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

29
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

58. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

59. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(x)
(y) Crimes or delicts (Art. 1161) (See Art.
2142)
(z) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

30
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

60. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

17. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
50. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
51. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
52. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?

31
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

53. Don, a merchant-farmer, was the owner of a ten-hectare land

planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
54. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
55. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
56. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

32
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

61. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

62. Requisites or elements of an obligation:

(cc) Active subject (obligee or creditor)
(dd) Passive subject (obligor or debtor)
(ee) Object or prestation (subject matter of the obligation)
(ff) Juridical or legal tie (vinculum or efficient cause)

63. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

64. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

65. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

33
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

66. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

67. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aa)Quasi-contracts (Art. 1160)

(bb) Crimes or delicts (Art. 1161) (See Art.
2142)
(cc)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

34
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

68. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

18. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
57. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
58. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
59. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?

35
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

60. Don, a merchant-farmer, was the owner of a ten-hectare land

planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
61. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
62. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
63. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

36
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

69. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

70. Requisites or elements of an obligation:

(gg) Active subject (obligee or creditor)
(hh) Passive subject (obligor or debtor)
(ii) Object or prestation (subject matter of the obligation)
(jj) Juridical or legal tie (vinculum or efficient cause)

71. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

72. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

73. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

37
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

74. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

75. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dd) Quasi-contracts (Art. 1160)

(ee)Crimes or delicts (Art. 1161) (See Art.
2142)
(ff) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

38
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

76. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

19. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
64. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
65. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
66. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January

39
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
67. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
68. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
69. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
70. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

40
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

77. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

78. Requisites or elements of an obligation:

(kk) Active subject (obligee or creditor)
(ll) Passive subject (obligor or debtor)
(mm) Object or prestation (subject matter of the obligation)
(nn) Juridical or legal tie ( vinculum or efficient cause)

79. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

80. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

81. Kinds of obligations from the viewpoint of subject matter :

41
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

82. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

83. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gg) Quasi-contracts (Art. 1160)

(hh) Crimes or delicts (Art. 1161) (See Art.
2142)
(ii) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

42
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

84. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

20. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
71. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
72. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

43
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

73. On November 15, 2014, Derek entered into an agreement with

Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
74. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
75. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
76. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

44
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

85. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

86. Requisites or elements of an obligation:

(oo) Active subject (obligee or creditor)
(pp) Passive subject (obligor or debtor)
(qq) Object or prestation (subject matter of the obligation)
(rr) Juridical or legal tie ( vinculum or efficient cause)

87. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

88. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

89. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

45
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

90. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

91. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(jj)
(kk)Crimes or delicts (Art. 1161) (See Art.
2142)
(ll) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

46
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

92. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

21. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
77. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
78. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
79. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?

47
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

80. Don, a merchant-farmer, was the owner of a ten-hectare land

planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
81. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
82. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
83. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

48
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

93. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

94. Requisites or elements of an obligation:

(ss) Active subject (obligee or creditor)
(tt) Passive subject (obligor or debtor)
(uu) Object or prestation (subject matter of the obligation)
(vv) Juridical or legal tie ( vinculum or efficient cause)

95. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

96. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

97. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

49
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

98. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

99. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mm) Quasi-contracts (Art. 1160)

(nn) Crimes or delicts (Art. 1161) (See Art.
2142)
(oo) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

50
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

100. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

22. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
84. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
85. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
86. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?

51
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

87. Don, a merchant-farmer, was the owner of a ten-hectare land

planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
88. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
89. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
90. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

52
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

101. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

102. Requisites or elements of an obligation:

(ww) Active subject (obligee or creditor)
(xx) Passive subject (obligor or debtor)
(yy) Object or prestation (subject matter of the obligation)
(zz) Juridical or legal tie (vinculum or efficient cause)

103. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

104. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

105. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

53
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

106. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

107. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pp) Quasi-contracts (Art. 1160)

(qq) Crimes or delicts (Art. 1161) (See Art.
2142)
(rr) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

54
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

108. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

23. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
91. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
92. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
93. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January

55
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
94. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
95. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
96. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
97. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

56
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

109. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

110. Requisites or elements of an obligation:

(aaa) Active subject (obligee or creditor)
(bbb) Passive subject (obligor or debtor)
(ccc) Object or prestation (subject matter of the obligation)
(ddd) Juridical or legal tie (vinculum or efficient cause)

111. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

112. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

113. Kinds of obligations from the viewpoint of subject matter :

57
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

114. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

115. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ss)Quasi-contracts(Art. 1160)
(tt) Crimes or delicts (Art. 1161) (See Art.
2142)
(uu) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

58
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

116. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

24. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
98. Under a building contract, Engr. So agreed to construct the
house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
99. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

59
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

100. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
101. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
102. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
103. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
104. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

60
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

117. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

118. Requisites or elements of an obligation:

(eee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(fff)
(ggg) Object or prestation (subject matter of the obligation)
(hhh) Juridical or legal tie (vinculum or efficient cause)

119. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

61
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

120. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

121. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

122. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

123. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vv)Quasi-contracts (Art. 1160)

62
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ww)Crimes or delicts (Art. 1161) (See Art.

2142)
(xx)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

124. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

25. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

63
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

105. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
106. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
107. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
108. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
109. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
110. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

64
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
111. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

125. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

126. Requisites or elements of an obligation:

(iii) Active subject (obligee or creditor)
(jjj) Passive subject (obligor or debtor)
(kkk) Object or prestation (subject matter of the obligation)
(lll) Juridical or legal tie ( vinculum or efficient cause)

127. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

65
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

128. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

129. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

130. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

131. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

66
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yy)Quasi-contracts (Art. 1160)

(zz) Crimes or delicts (Art. 1161) (See Art.
2142)
(aaa) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

132. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

26. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

67
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
112. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
113. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
114. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
115. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
116. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

68
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

117. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
118. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

133. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

134. Requisites or elements of an obligation:

(mmm) Active subject (obligee or creditor)
(nnn) Passive subject (obligor or debtor)
(ooo) Object or prestation (subject matter of the obligation)
(ppp) Juridical or legal tie (vinculum or efficient cause)

69
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

135. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

136. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

137. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

138. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

139. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

70
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbb) Quasi-contracts (Art. 1160)

(ccc) Crimes or delicts (Art. 1161) (See Art.
2142)
(ddd) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

140. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

71
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

27. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
119. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
120. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
121. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
122. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

72
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

123. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
124. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
125. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

141. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

142. Requisites or elements of an obligation:

(qqq) Active subject (obligee or creditor)
(rrr)Passive subject (obligor or debtor)
(sss) Object or prestation (subject matter of the obligation)

73
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ttt) Juridical or legal tie (vinculum or efficient cause)

143. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

144. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

145. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

146. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

147. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

74
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eee) Quasi-contracts (Art. 1160)

(fff) Crimes or delicts (Art. 1161) (See Art.
2142)
(ggg) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

148. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

75
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

28. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
126. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
127. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
128. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
129. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

76
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
130. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
131. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
132. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

149. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

150. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

77
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhh) Quasi-contracts (Art. 1160)

(iii) Crimes or delicts (Art. 1161) (See Art.
2142)
(jjj) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

151. Requisites for quasi-delict.

(a) Act or omission

78
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

(b) Fault or negligence
fault and damage
(e) No pre-existing contractual
(c) Damage
relations

29. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
133. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
134. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
135. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
136. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from

79
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
137. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
138. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
139. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

152. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

80
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

153. Requisites or elements of an obligation:

(uuu) Active subject (obligee or creditor)
(vvv) Passive subject (obligor or debtor)
(www) Object or prestation (subject matter of the obligation)
(xxx) Juridical or legal tie (vinculum or efficient cause)

154. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

155. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

156. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

157. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

158. Sources of obligations : (Art. 1157)

81
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkk) Quasi-contracts (Art. 1160)

(lll) Crimes or delicts (Art. 1161) (See Art.
2142)
(mmm) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

82
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

159. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

30. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
140. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
141. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
142. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
143. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of

83
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
144. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
145. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
146. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

84
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

160. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

161. Requisites or elements of an obligation:

(yyy) Active subject (obligee or creditor)
(zzz) Passive subject (obligor or debtor)
(aaaa) Object or prestation (subject matter of the obligation)
(bbbb) Juridical or legal tie (vinculum or efficient cause)

162. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

163. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

164. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

165. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

85
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

166. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnn) Quasi-contracts (Art. 1160)

(ooo) Crimes or delicts (Art. 1161) (See Art.
2142)
(ppp) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

86
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

167. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

31. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
147. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
148. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
149. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
150. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

87
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
151. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
152. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
153. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

88
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

168. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

169. Requisites or elements of an obligation:

(cccc) Active subject (obligee or creditor)
(dddd) Passive subject (obligor or debtor)
(eeee) Object or prestation (subject matter of the obligation)
(ffff) Juridical or legal tie ( vinculum or efficient cause)

170. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

171. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

172. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

173. Kinds of obligations from the viewpoint of sanction :

89
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

174. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqq) Quasi-contracts (Art. 1160)

(rrr) Crimes or delicts (Art. 1161) (See Art.
2142)
(sss) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

90
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

175. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

32. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
154. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
155. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
156. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
157. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

91
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
158. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
159. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
160. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

92
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

176. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

177. Requisites or elements of an obligation:

(gggg) Active subject (obligee or creditor)
(hhhh) Passive subject (obligor or debtor)
(iiii) Object or prestation (subject matter of the obligation)
(jjjj) Juridical or legal tie (vinculum or efficient cause)

178. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

179. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

180. Kinds of obligations from the viewpoint of subject matter :

93
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

181. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

182. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttt) Quasi-contracts
(Art. 1160)
(uuu) Crimes or delicts (Art. 1161) (See Art.
2142)
(vvv) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

94
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

183. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

33. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
161. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
162. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

95
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

163. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
164. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
165. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
166. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
167. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

96
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

184. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

185. Requisites or elements of an obligation:

(kkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(llll)
(mmmm) Object or prestation (subject matter of the obligation)
(nnnn) Juridical or legal tie ( vinculum or efficient cause)

186. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

187. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

97
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

188. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

189. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

190. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(www) Quasi-contracts (Art. 1160)

(xxx) Crimes or delicts (Art. 1161) (See Art.
2142)
(yyy) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

98
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

191. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

34. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
168. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
169. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

99
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
170. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
171. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
172. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
173. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
174. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

100
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

192. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

193. Requisites or elements of an obligation:

(oooo) Active subject (obligee or creditor)
(pppp) Passive subject (obligor or debtor)
(qqqq) Object or prestation (subject matter of the obligation)
(rrrr) Juridical or legal tie ( vinculum or efficient cause)

194. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

101
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

195. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

196. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

197. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

198. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzz) Quasi-contracts (Art. 1160)

102
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaa) Crimes or delicts (Art. 1161)

(See Art. 2142)
(bbbb) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

199. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

35. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

103
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

175. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
176. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
177. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
178. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
179. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
180. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

104
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
181. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

200. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

201. Requisites or elements of an obligation:

(ssss) Active subject (obligee or creditor)
(tttt) Passive subject (obligor or debtor)
(uuuu) Object or prestation (subject matter of the obligation)
(vvvv) Juridical or legal tie (vinculum or efficient cause)

202. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

105
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

203. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

204. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

205. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

206. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

106
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(cccc) Quasi-contracts (Art. 1160)

(dddd) Crimes or delicts (Art. 1161)
(See Art. 2142)
(eeee) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

207. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

36. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

107
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
182. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
183. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
184. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
185. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
186. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

108
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

187. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
188. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

189. amages for the death of Pedro?

*** END ***

190. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his
loan to Caitlyn. Is this agreement legally enforceable?
191. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from

109
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
192. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
193. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
194. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

208. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

110
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

209. Requisites or elements of an obligation:

(wwww) Active subject (obligee or creditor)
(xxxx) Passive subject (obligor or debtor)
(yyyy) Object or prestation (subject matter of the obligation)
(zzzz) Juridical or legal tie (vinculum or efficient cause)

210. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

211. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

212. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

213. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

111
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

214. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(ffff)
(gggg) Crimes or delicts (Art. 1161)
(See Art. 2142)
(hhhh) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

112
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

215. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

37. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
195. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
196. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
197. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
198. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of

113
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

responsibility, Conan, a conscientious neighbour and friend of Don,

employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
199. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
200. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
201. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

216. “Obligation” defined. (Art. 1156)

114
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

217. Requisites or elements of an obligation:

(aaaaa) Active subject (obligee or creditor)
(bbbbb) Passive subject (obligor or debtor)
(ccccc) Object or prestation (subject matter of the obligation)
(ddddd) Juridical or legal tie (vinculum or efficient cause)

218. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

219. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

220. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

221. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

115
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

222. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiii)Quasi-contracts(Art. 1160)
(jjjj)Crimes or delicts (Art. 1161) (See Art.
2142)
(kkkk) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

116
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

223. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

38. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
202. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
203. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
204. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
205. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

117
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Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
206. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
207. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
208. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

118
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

224. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

225. Requisites or elements of an obligation:

(eeeee) Active subject (obligee or creditor)
(fffff) Passive subject (obligor or debtor)
(ggggg) Object or prestation (subject matter of the obligation)
(hhhhh) Juridical or legal tie (vinculum or efficient cause)

226. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

227. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

228. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

119
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

229. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

230. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(llll)Quasi-contracts
(Art. 1160)
(mmmm) Crimes or delicts (Art. 1161)
(See Art. 2142)
(nnnn) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

120
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

231. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

39. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
209. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
210. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
211. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

121
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
212. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
213. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
214. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
215. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

122
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

232. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

233. Requisites or elements of an obligation:

(iiiii) Active subject (obligee or creditor)
(jjjjj) Passive subject (obligor or debtor)
(kkkkk) Object or prestation (subject matter of the obligation)
(lllll) Juridical or legal tie ( vinculum or efficient cause)

234. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

235. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

236. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

123
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

237. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

238. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooo) Quasi-contracts (Art. 1160)

(pppp) Crimes or delicts (Art. 1161)
(See Art. 2142)
(qqqq) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

124
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

239. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

40. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
216. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
217. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
218. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

125
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
219. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
220. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
221. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
222. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

126
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

240. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

241. Requisites or elements of an obligation:

(mmmmm) Active subject (obligee or creditor)
(nnnnn) Passive subject (obligor or debtor)
(ooooo) Object or prestation (subject matter of the obligation)
(ppppp) Juridical or legal tie (vinculum or efficient cause)

242. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

243. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

127
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

244. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

245. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

246. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(rrrr)
(ssss) Crimes or delicts (Art. 1161)
(See Art. 2142)
(tttt) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

128
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

247. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

41. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
223. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
224. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

129
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
225. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
226. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
227. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
228. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
229. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

130
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

248. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

249. Requisites or elements of an obligation:

(qqqqq) Active subject (obligee or creditor)
(rrrrr) Passive subject (obligor or debtor)
(sssss) Object or prestation (subject matter of the obligation)
(ttttt) Juridical or legal tie (vinculum or efficient cause)

250. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

251. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

131
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

252. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

253. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

254. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuu) Quasi-contracts (Art. 1160)

(vvvv) Crimes or delicts (Art. 1161)
(See Art. 2142)
(wwww) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

132
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

255. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

42. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
230. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

133
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

231. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
232. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
233. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
234. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
235. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
236. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

134
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he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

256. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

257. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxx) Quasi-contracts (Art. 1160)

(yyyy) Crimes or delicts (Art. 1161)
(See Art. 2142)
(zzzz) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)

135
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 quasi-delict defined (Art. 2176)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

258. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

43. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
237. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

136
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

238. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
239. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
240. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
241. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
242. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
243. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

137
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

259. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

260. Requisites or elements of an obligation:

(uuuuu) Active subject (obligee or creditor)
(vvvvv) Passive subject (obligor or debtor)
(wwwww) Object or prestation (subject matter of the
obligation)
(xxxxx) Juridical or legal tie ( vinculum or efficient cause)

261. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

138
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

262. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

263. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

264. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

265. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaa) Quasi-contracts (Art. 1160)

139
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbb) Crimes or delicts (Art. 1161)

(See Art. 2142)
(ccccc) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

266. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

44. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

140
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

244. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
245. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
246. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
247. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
248. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
249. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

141
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
250. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

267. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

268. Requisites or elements of an obligation:

(yyyyy) Active subject (obligee or creditor)
(zzzzz) Passive subject (obligor or debtor)
(aaaaaa) Object or prestation (subject matter of the obligation)
(bbbbbb) Juridical or legal tie ( vinculum or efficient cause)

142
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

269. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

270. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

271. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

272. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

273. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

143
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ddddd) Quasi-contracts (Art. 1160)

(eeeee) Crimes or delicts (Art. 1161)
(See Art. 2142)
(fffff) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

274. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

144
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

45. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
251. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
252. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
253. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
254. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

145
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

255. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
256. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
257. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

275. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

276. Requisites or elements of an obligation:

(cccccc) Active subject (obligee or creditor)
(dddddd) Passive subject (obligor or debtor)
(eeeeee) Object or prestation (subject matter of the obligation)

146
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ffffff) Juridical or legal tie (vinculum or efficient cause)

277. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

278. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

279. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

280. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

281. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

147
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggg) Quasi-contracts (Art. 1160)

(hhhhh) Crimes or delicts (Art. 1161)
(See Art. 2142)
(iiiii) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

282. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

148
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

46. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
258. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
259. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
260. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
261. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

149
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
262. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
263. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
264. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

283. “Obligation” defined. (Art. 1156)

150
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

284. Requisites or elements of an obligation:

(gggggg) Active subject (obligee or creditor)
(hhhhhh) Passive subject (obligor or debtor)
(iiiiii) Object or prestation (subject matter of the obligation)
(jjjjjj) Juridical or legal tie (vinculum or efficient cause)

285. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

286. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

287. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

288. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

151
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

289. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(jjjjj)
(kkkkk) Crimes or delicts (Art. 1161)
(See Art. 2142)
(lllll) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

152
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

290. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

47. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
265. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
266. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
267. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
268. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

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Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
269. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
270. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
271. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

154
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291. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

292. Requisites or elements of an obligation:

(kkkkkk) Active subject (obligee or creditor)
(llllll) Passive subject (obligor or debtor)
(mmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnn) Juridical or legal tie ( vinculum or efficient cause)

293. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

294. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

295. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

296. Kinds of obligations from the viewpoint of sanction :

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

297. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmm) Quasi-contracts (Art. 1160)

(nnnnn) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ooooo) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

156
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

298. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

48. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
272. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
273. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
274. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
275. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

157
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
276. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
277. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
278. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

158
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

299. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

300. Requisites or elements of an obligation:

(oooooo) Active subject (obligee or creditor)
(pppppp) Passive subject (obligor or debtor)
(qqqqqq) Object or prestation (subject matter of the obligation)
(rrrrrr) Juridical or legal tie (vinculum or efficient cause)

301. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

302. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

303. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

159
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

304. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

305. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ppppp) Quasi-contracts (Art. 1160)

(qqqqq) Crimes or delicts (Art. 1161)
(See Art. 2142)
(rrrrr) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

160
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

306. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

49. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
279. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
280. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
281. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

161
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
282. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
283. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
284. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
285. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

162
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

307. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

308. Requisites or elements of an obligation:

(ssssss) Active subject (obligee or creditor)
(tttttt) Passive subject (obligor or debtor)
(uuuuuu) Object or prestation (subject matter of the obligation)
(vvvvvv) Juridical or legal tie ( vinculum or efficient cause)

309. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

310. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

311. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

163
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

312. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

313. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(sssss) Quasi-contracts (Art. 1160)

(ttttt) Crimes or delicts (Art. 1161) (See Art.
2142)
(uuuuu) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

164
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

314. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

50. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
286. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
287. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
288. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

165
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
289. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
290. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
291. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

166
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

315. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

316. Requisites or elements of an obligation:

(wwwwww) Active subject (obligee or creditor)
(xxxxxx) Passive subject (obligor or debtor)
(yyyyyy) Object or prestation (subject matter of the obligation)
(zzzzzz) Juridical or legal tie (vinculum or efficient cause)

317. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

318. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

319. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

320. Kinds of obligations from the viewpoint of sanction :

167
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

321. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvv) Quasi-contracts (Art. 1160)

(wwwww) Crimes or delicts (Art. 1161)
(See Art. 2142)
(xxxxx) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

168
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

322. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

51. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
292. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
293. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
294. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
295. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

169
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
296. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
297. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
298. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

170
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

323. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

324. Requisites or elements of an obligation:

(aaaaaaa) Active subject (obligee or creditor)
(bbbbbbb) Passive subject (obligor or debtor)
(ccccccc) Object or prestation (subject matter of the
obligation)
(ddddddd) Juridical or legal tie (vinculum or efficient cause)

325. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

326. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

327. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

171
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328. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

329. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyy) Quasi-contracts (Art. 1160)

(zzzzz) Crimes or delicts (Art. 1161)
(See Art. 2142)
(aaaaaa) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

172
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

330. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

52. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
299. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
300. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
301. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

173
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

302. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
303. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
304. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
305. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

174
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

331. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

332. Requisites or elements of an obligation:

(eeeeeee) Active subject (obligee or creditor)
(fffffff)Passive subject (obligor or debtor)
(ggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhh) Juridical or legal tie (vinculum or efficient cause)

333. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

334. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

335. Kinds of obligations from the viewpoint of subject matter :

175
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

336. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

337. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbb) Quasi-contracts (Art. 1160)

(cccccc) Crimes or delicts (Art. 1161)
(See Art. 2142)
(dddddd) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

176
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

338. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

53. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
306. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
307. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

177
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

308. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
309. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
310. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
311. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
312. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

178
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

339. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

340. Requisites or elements of an obligation:

(iiiiiii) Active subject (obligee or creditor)
(jjjjjjj) Passive subject (obligor or debtor)
(kkkkkkk) Object or prestation (subject matter of the
obligation)
(lllllll) Juridical or legal tie (vinculum or efficient cause)

341. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

342. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

179
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

343. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

344. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

345. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeee) Quasi-contracts (Art. 1160)

(ffffff) Crimes or delicts (Art. 1161) (See Art.
2142)
(gggggg) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

180
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

346. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

54. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
313. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
314. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

181
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
315. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
316. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
317. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
318. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
319. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

182
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

347. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

348. Requisites or elements of an obligation:

(mmmmmmm) Active subject (obligee or creditor)
(nnnnnnn) Passive subject (obligor or debtor)
(ooooooo) Object or prestation (subject matter of the
obligation)
(ppppppp) Juridical or legal tie (vinculum or efficient cause)

349. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

183
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

350. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

351. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

352. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

353. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

184
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(hhhhhh) Quasi-contracts (Art. 1160)

(iiiiii) Crimes or delicts (Art. 1161) (See Art.
2142)
(jjjjjj) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

354. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

55. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

185
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
320. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
321. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
322. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
323. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
324. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

186
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

325. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
326. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

355. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

356. Requisites or elements of an obligation:

(qqqqqqq) Active subject (obligee or creditor)
(rrrrrrr) Passive subject (obligor or debtor)
(sssssss) Object or prestation (subject matter of the
obligation)
(ttttttt) Juridical or legal tie (vinculum or efficient cause)

187
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

357. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

358. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

359. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

360. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

361. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

188
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkk) Quasi-contracts (Art. 1160)

(llllll) Crimes or delicts (Art. 1161) (See Art.
2142)
(mmmmmm) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

362. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

189
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

56. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
327. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
328. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
329. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
330. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

190
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

331. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
332. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
333. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

363. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

364. Requisites or elements of an obligation:

191
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(uuuuuuu) Active subject (obligee or creditor)

(vvvvvvv) Passive subject (obligor or debtor)
(wwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxx) Juridical or legal tie (vinculum or efficient cause)

365. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

366. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

367. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

368. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

369. Sources of obligations : (Art. 1157)

192
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnn) Quasi-contracts (Art. 1160)

(oooooo) Crimes or delicts (Art. 1161)
(See Art. 2142)
(pppppp) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

370. Requisites for quasi-delict.

193
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

57. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
334. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
335. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
336. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
337. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

194
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
338. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
339. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
340. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

371. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

195
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

372. Requisites or elements of an obligation:

(yyyyyyy) Active subject (obligee or creditor)
(zzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

373. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

374. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

375. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

376. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

196
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

377. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqq) Quasi-contracts (Art. 1160)

(rrrrrr) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ssssss) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

197
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

378. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

58. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
341. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
342. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
343. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
344. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of

198
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

responsibility, Conan, a conscientious neighbour and friend of Don,

employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
345. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
346. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
347. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

379. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

199
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

380. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(tttttt) Quasi-contracts
(Art. 1160)
(uuuuuu) Crimes or delicts (Art. 1161)
(See Art. 2142)
(vvvvvv) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

200
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

381. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

59. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
348. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
349. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
350. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
351. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of

201
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

responsibility, Conan, a conscientious neighbour and friend of Don,

employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
352. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
353. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
354. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

382. “Obligation” defined. (Art. 1156)

202
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

383. Requisites or elements of an obligation:

(cccccccc) Active subject (obligee or creditor)
(dddddddd) Passive subject (obligor or debtor)
(eeeeeeee) Object or prestation (subject matter of the
obligation)
(ffffffff) Juridical or legal tie ( vinculum or efficient cause)

384. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

385. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

386. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

387. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

203
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

388. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwww) Quasi-contracts (Art. 1160)

(xxxxxx) Crimes or delicts (Art. 1161)
(See Art. 2142)
(yyyyyy) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

204
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

389. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

60. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
355. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
356. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
357. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
358. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

205
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
359. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
360. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
361. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

206
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

390. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

391. Requisites or elements of an obligation:

(gggggggg) Active subject (obligee or creditor)
(hhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

392. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

393. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

394. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

207
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

395. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

396. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaa) Crimes or delicts (Art. 1161)
(See Art. 2142)
(bbbbbbb) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

208
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

397. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

61. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
362. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
363. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
364. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

209
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

365. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
366. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
367. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
368. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

210
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

398. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

399. Requisites or elements of an obligation:

(kkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(llllllll)
(mmmmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

400. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

401. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

402. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

211
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

403. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

404. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ccccccc) Quasi-contracts (Art. 1160)

(ddddddd) Crimes or delicts (Art. 1161)
(See Art. 2142)
(eeeeeee) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

212
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

405. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

62. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
369. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
370. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
371. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

213
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
372. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
373. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
374. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
375. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

214
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

406. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

407. Requisites or elements of an obligation:

(oooooooo) Active subject (obligee or creditor)
(pppppppp) Passive subject (obligor or debtor)
(qqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrr)Juridical or legal tie (vinculum or efficient cause)

408. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

409. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

215
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

410. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

411. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

412. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(fffffff) Quasi-contracts (Art. 1160)

(ggggggg) Crimes or delicts (Art. 1161)
(See Art. 2142)
(hhhhhhh) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

216
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

413. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

63. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
376. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

217
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

377. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
378. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
379. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
380. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
381. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
382. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

218
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

414. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

415. Requisites or elements of an obligation:

(ssssssss) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(tttttttt)
(uuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

416. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

219
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

417. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

418. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

419. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

420. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiii) Quasi-contracts (Art. 1160)

220
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(jjjjjjj) Crimes or delicts (Art. 1161) (See Art.

2142)
(kkkkkkk) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

421. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

64. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

221
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

383. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
384. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
385. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
386. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
387. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
388. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

222
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
389. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

422. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

423. Requisites or elements of an obligation:

(wwwwwwww) Active subject (obligee or creditor)
(xxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

223
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

424. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

425. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

426. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

427. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

428. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

224
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(lllllll) Quasi-contracts
(Art. 1160)
(mmmmmmm) Crimes or delicts (Art.
1161) (See Art. 2142)
(nnnnnnn) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

429. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

225
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

65. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
390. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
391. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
392. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
393. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

226
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

394. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
395. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
396. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

430. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

431. Requisites or elements of an obligation:

(aaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbb) Passive subject (obligor or debtor)

227
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ccccccccc) Object or prestation (subject matter of the

obligation)
(ddddddddd) Juridical or legal tie (vinculum or efficient cause)

432. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

433. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

434. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

435. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

436. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

228
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooooooo) Quasi-contracts (Art. 1160)

(ppppppp) Crimes or delicts (Art. 1161)
(See Art. 2142)
(qqqqqqq) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

437. Requisites for quasi-delict.

229
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

66. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
397. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
398. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
399. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
400. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

230
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
401. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
402. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
403. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

404. amages for the death of Pedro?

*** END ***

(eeeeeeeee) Passive

231
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

405. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
406. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
On November 15, 2014, Derek entered into an agreement with Caitlyn.
Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment,
(Arts. 1156-1162)

Passive
(fffffffff)
407. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
408. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
409. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
410. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

232
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
411. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
412. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
413. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

233
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

438. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

439. Requisites or elements of an obligation:

(ggggggggg) Active subject (obligee or creditor)
(hhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

440. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

441. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

442. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

234
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

443. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

444. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrr) Quasi-contracts (Art. 1160)

(sssssss) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

235
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

445. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

67. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
414. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
415. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
416. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

236
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

417. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
418. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
419. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
420. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

237
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

446. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

447. Requisites or elements of an obligation:

(kkkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(lllllllll)
(mmmmmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

448. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

449. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

450. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

238
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

451. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

452. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuu) Quasi-contracts (Art. 1160)

(vvvvvvv) Crimes or delicts (Art. 1161)
(See Art. 2142)
(wwwwwww) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

239
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

453. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

68. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
421. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
422. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
423. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

240
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
424. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
425. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
426. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
427. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

241
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

454. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

455. Requisites or elements of an obligation:

(ooooooooo) Active subject (obligee or creditor)
(ppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqq) Object or prestation (subject matter of the
obligation)
Juridical or legal tie (vinculum or efficient cause)
(rrrrrrrrr)

456. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

457. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

242
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

458. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

459. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

460. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyy) Crimes or delicts (Art. 1161)
(See Art. 2142)
(zzzzzzz) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

243
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

461. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

69. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
428. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

244
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

429. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
430. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
431. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
432. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
433. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
434. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

245
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

462. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

463. Requisites or elements of an obligation:

(sssssssss) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ttttttttt)
(uuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

464. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

246
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

465. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

466. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

467. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

468. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaa) Quasi-contracts (Art. 1160)

247
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbbb) Crimes or delicts (Art. 1161)

(See Art. 2142)
(cccccccc) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

469. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

70. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

248
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

435. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
436. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
437. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
438. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
439. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
440. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

249
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
441. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

470. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

471. Requisites or elements of an obligation:

(wwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

250
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

472. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

473. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

474. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

475. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

476. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

251
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dddddddd) Quasi-contracts (Art. 1160)

(eeeeeeee) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ffffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

477. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

252
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

71. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
442. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
443. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
444. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
445. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

253
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

446. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
447. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
448. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

478. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

479. Requisites or elements of an obligation:

(aaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbb) Passive subject (obligor or debtor)

254
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(cccccccccc) Object or prestation (subject matter of the

obligation)
(dddddddddd) Juridical or legal tie (vinculum or efficient cause)

480. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

481. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

482. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

483. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

484. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

255
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gggggggg) Quasi-contracts (Art. 1160)

(hhhhhhhh) Crimes or delicts (Art. 1161)
(See Art. 2142)
(iiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

485. Requisites for quasi-delict.

256
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

72. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
449. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
450. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
451. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
452. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

257
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
453. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
454. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
455. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

486. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

487. Sources of obligations : (Art. 1157)

258
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkk) Crimes or delicts (Art. 1161)
(See Art. 2142)
(llllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

488. Requisites for quasi-delict.

259
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

73. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
456. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
457. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
458. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
459. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

260
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
460. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
461. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
462. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

489. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

261
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

490. Requisites or elements of an obligation:

(eeeeeeeeee) Active subject (obligee or creditor)
(ffffffffff) Passive subject (obligor or debtor)
(gggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

491. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

492. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

493. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

494. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

262
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

495. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmm) Quasi-contracts (Art.

1160)
(nnnnnnnn) Crimes or delicts (Art. 1161)
(See Art. 2142)
(oooooooo) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

263
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

496. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

74. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
463. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
464. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
465. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
466. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

264
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
467. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
468. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
469. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

265
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

497. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

498. Requisites or elements of an obligation:

(iiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllll) Juridical or legal tie ( vinculum or efficient cause)

499. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

500. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

501. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

266
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

502. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

503. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pppppppp) Quasi-contracts (Art. 1160)

(qqqqqqqq) Crimes or delicts (Art. 1161)
(See Art. 2142)
(rrrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

267
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

504. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

75. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
470. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
471. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
472. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

268
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

473. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
474. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
475. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
476. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

269
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

505. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

506. Requisites or elements of an obligation:

(mmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppp) Juridical or legal tie (vinculum or efficient cause)

507. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

508. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

509. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

270
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

510. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

511. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssssssss) Quasi-contracts (Art. 1160)

(tttttttt) Crimes or delicts (Art. 1161)
(See Art. 2142)
(uuuuuuuu) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

271
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

512. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

76. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
477. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
478. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
479. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

272
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
480. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
481. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
482. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
483. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

273
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

513. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

514. Requisites or elements of an obligation:

(qqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssss) Object or prestation (subject matter of the
obligation)
Juridical or legal tie (vinculum or efficient cause)
(tttttttttt)

515. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

516. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

274
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

517. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

518. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

519. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwwww) Crimes or delicts (Art.
1161) (See Art. 2142)
(xxxxxxxx) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

275
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

520. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

77. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
484. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

276
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

485. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
486. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
487. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
488. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
489. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
490. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

277
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

521. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

522. Requisites or elements of an obligation:

(uuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

523. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

278
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

524. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

525. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

526. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

527. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyy) Quasi-contracts (Art. 1160)

279
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(zzzzzzzz) Crimes or delicts (Art. 1161)

(See Art. 2142)
(aaaaaaaaa) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

528. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

78. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

280
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

491. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
492. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
493. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
494. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
495. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
496. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

281
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
497. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

529. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

530. Requisites or elements of an obligation:

(yyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

282
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

531. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

532. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

533. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

534. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

535. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

283
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbb) Quasi-contracts (Art. 1160)

(ccccccccc) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ddddddddd) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

536. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

284
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

79. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
498. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
499. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
500. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
501. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

285
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

502. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
503. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
504. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

537. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

538. Requisites or elements of an obligation:

(ccccccccccc) Active subject (obligee or creditor)
(ddddddddddd) Passive subject (obligor or debtor)

286
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(eeeeeeeeeee) Object or prestation (subject matter of the

obligation)
(fffffffffff) Juridical or legal tie ( vinculum or efficient cause)

539. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

540. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

541. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

542. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

543. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

287
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeee) Quasi-contracts (Art. 1160)

(fffffffff) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ggggggggg) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

544. Requisites for quasi-delict.

288
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

80. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
505. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
506. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
507. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
508. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

289
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
509. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
510. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

545. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

546. Requisites or elements of an obligation:

(ggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

290
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

547. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

548. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

549. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

550. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

551. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

291
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhh) Quasi-contracts (Art. 1160)

(iiiiiiiii) Crimes or delicts (Art. 1161)
(See Art. 2142)
(jjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

552. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

292
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

81. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
511. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
512. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
513. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
514. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

293
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

515. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
516. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
517. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

553. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

554. Requisites or elements of an obligation:

(kkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllll) Passive subject (obligor or debtor)

294
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmmm) Object or prestation (subject matter of

the obligation)
(nnnnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

555. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

556. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

557. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

558. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

559. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

295
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkk) Quasi-contracts (Art. 1160)

(lllllllll) Crimes or delicts (Art. 1161)
(See Art. 2142)
(mmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

560. Requisites for quasi-delict.

296
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

82. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
518. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
519. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
520. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
521. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

297
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
522. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
523. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
524. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

561. “Obligation” defined. (Art. 1156)

298
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

562. Requisites or elements of an obligation:

(ooooooooooo) Active subject (obligee or creditor)
(ppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

563. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

564. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

565. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

566. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

299
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

567. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnn) Quasi-contracts (Art. 1160)

(ooooooooo) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ppppppppp) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

300
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

568. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

83. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
525. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
526. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
527. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
528. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

301
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
529. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
530. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
531. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

302
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

569. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

570. Requisites or elements of an obligation:

(sssssssssss) Active subject (obligee or creditor)
(ttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

571. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

572. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

573. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

574. Kinds of obligations from the viewpoint of sanction :

303
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

575. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqq) Quasi-contracts (Art. 1160)

(rrrrrrrrr) Crimes or delicts (Art. 1161)
(See Art. 2142)
(sssssssss) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

304
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

576. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

84. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
532. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
533. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
534. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

305
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

535. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
536. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
537. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
538. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

306
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

577. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

578. Requisites or elements of an obligation:

(wwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

579. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

580. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

307
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

581. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

582. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

583. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttttttttt) Quasi-contracts (Art. 1160)

(uuuuuuuuu) Crimes or delicts (Art. 1161)
(See Art. 2142)
(vvvvvvvvv) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

308
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

584. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

85. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
539. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
540. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

309
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
541. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
542. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
543. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
544. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
545. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

310
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

585. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

586. Requisites or elements of an obligation:

(aaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddd) Juridical or legal tie (vinculum or efficient cause)

587. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

311
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

588. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

589. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

590. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

591. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwww) Quasi-contracts (Art.

1160)

312
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxxxxx) Crimes or delicts (Art. 1161)

(See Art. 2142)
(yyyyyyyyy) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

592. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

86. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

313
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

546. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
547. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
548. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
549. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
550. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
551. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

314
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
552. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

593. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

594. Requisites or elements of an obligation:

(eeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffff) Passive subject (obligor or debtor)
(gggggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

315
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

595. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

596. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

597. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

598. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

599. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

316
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaaaaa) Crimes or delicts (Art. 1161)
(See Art. 2142)
(bbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

600. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

317
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

87. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
553. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
554. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
555. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
556. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

318
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

557. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
558. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
559. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

601. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

602. Requisites or elements of an obligation:

(iiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjj) Passive subject (obligor or debtor)

319
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkkkkkk) Object or prestation (subject matter of the

obligation)
(llllllllllll) Juridical or legal tie ( vinculum or efficient cause)

603. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

604. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

605. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

606. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

607. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

320
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(cccccccccc) Quasi-contracts (Art. 1160)

(dddddddddd) Crimes or delicts (Art.
1161) (See Art. 2142)
(eeeeeeeeee) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

608. Requisites for quasi-delict.

321
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

88. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
560. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
561. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
562. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
563. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

322
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
564. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
565. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
566. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

609. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

610. Sources of obligations : (Art. 1157)

323
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ffffffffff) Quasi-contracts (Art. 1160)

(gggggggggg) Crimes or delicts (Art.
1161) (See Art. 2142)
(hhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

611. Requisites for quasi-delict.

324
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

89. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
567. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
568. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
569. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
570. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

325
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
571. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
572. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
573. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

612. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

326
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

613. Requisites or elements of an obligation:

(mmmmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppppp) Juridical or legal tie (vinculum or efficient cause)

614. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

615. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

616. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

617. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

327
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

618. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkkk) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

328
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

619. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

90. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
574. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
575. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
576. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
577. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of

329
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

responsibility, Conan, a conscientious neighbour and friend of Don,

employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
578. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
579. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
580. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

330
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

620. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

621. Requisites or elements of an obligation:

(qqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttttt) Juridical or legal tie (vinculum or efficient cause)

622. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

623. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

624. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

331
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

625. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

626. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(llllllllll) Quasi-contracts (Art. 1160)

(mmmmmmmmmm) Crimes or delicts (Art.
1161) (See Art. 2142)
(nnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

332
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

627. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

91. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
581. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
582. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
583. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

333
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

584. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
585. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
586. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
587. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

334
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

628. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

629. Requisites or elements of an obligation:

(uuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

630. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

631. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

632. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

335
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

633. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

634. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooooooooo) Quasi-contracts (Art.

1160)
(pppppppppp) Crimes or delicts (Art.
1161) (See Art. 2142)
(qqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

336
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

635. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

92. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
588. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
589. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
590. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

337
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
591. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
592. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
593. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
594. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

338
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

636. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

637. Requisites or elements of an obligation:

(yyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

638. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

639. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

339
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

640. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

641. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

642. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrr)Quasi-contracts (Art. 1160)

(ssssssssss) Crimes or delicts (Art. 1161)
(See Art. 2142)
(tttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

340
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

643. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

93. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
595. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

341
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

596. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
597. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
598. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
599. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
600. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
601. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

342
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

644. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

645. Requisites or elements of an obligation:

(ccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeee) Object or prestation (subject matter of the
obligation)
(fffffffffffff) Juridical or legal tie (vinculum or efficient cause)

646. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

343
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

647. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

648. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

649. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

650. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuu) Quasi-contracts (Art.

1160)

344
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(vvvvvvvvvv) Crimes or delicts (Art. 1161)

(See Art. 2142)
(wwwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

651. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

94. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

345
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

602. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
603. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
604. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
605. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
606. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
607. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

346
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
608. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

652. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

653. Requisites or elements of an obligation:

(ggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

347
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

654. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

655. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

656. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

657. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

658. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

348
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyyyyy) Crimes or delicts (Art. 1161)
(See Art. 2142)
(zzzzzzzzzz) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

659. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

349
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

95. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
609. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
610. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
611. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
612. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

350
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

613. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
614. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
615. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

660. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

661. Requisites or elements of an obligation:

(kkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllll) Passive subject (obligor or debtor)

351
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmmmmm) Object or prestation (subject matter of

the obligation)
(nnnnnnnnnnnnn) Juridical or legal tie ( vinculum or efficient cause)

662. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

663. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

664. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

665. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

666. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

352
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaa) Quasi-contracts (Art.

1160)
(bbbbbbbbbbb) Crimes or delicts (Art.
1161) (See Art. 2142)
(ccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

667. Requisites for quasi-delict.

353
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

96. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
616. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
617. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
618. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
619. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

354
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
620. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
621. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
622. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

623. amages for the death of Pedro?

*** END ***

624. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his
loan to Caitlyn. Is this agreement legally enforceable?

355
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

625. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
626. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
627. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
628. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

356
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

668. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

669. Requisites or elements of an obligation:

(ooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

670. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

671. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

672. Kinds of obligations from the viewpoint of subject matter :

357
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

673. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

674. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ddddddddddd) Quasi-contracts (Art.

1160)
(eeeeeeeeeee) Crimes or delicts (Art.
1161) (See Art. 2142)
(fffffffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

358
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

675. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

97. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
629. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
630. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

359
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

631. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
632. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
633. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
634. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
635. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

360
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

676. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

677. Requisites or elements of an obligation:

(sssssssssssss) Active subject (obligee or creditor)
(ttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvvvv) Juridical or legal tie ( vinculum or efficient cause)

678. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

679. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

361
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

680. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

681. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

682. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggggggggg) Quasi-contracts (Art.

1160)
(hhhhhhhhhhh) Crimes or delicts (Art.
1161) (See Art. 2142)
(iiiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

362
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

683. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

98. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
636. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
637. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

363
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
638. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
639. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
640. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
641. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
642. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

364
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

684. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

685. Requisites or elements of an obligation:

(wwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

686. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

365
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

687. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

688. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

689. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

690. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

366
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(jjjjjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkkkkk) Crimes or delicts (Art.
1161) (See Art. 2142)
(lllllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

691. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

99. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

367
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
643. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
644. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
645. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
646. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
647. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

368
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

648. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
649. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

692. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

693. Requisites or elements of an obligation:

(aaaaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddddd) Juridical or legal tie (vinculum or efficient
cause)

369
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

694. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

695. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

696. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

697. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

698. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

370
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmmm) Quasi-contracts
(Art. 1160)
(nnnnnnnnnnn) Crimes or delicts (Art.
1161) (See Art. 2142)
(ooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

699. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

371
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

100. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
650. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
651. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
652. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
653. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

372
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
654. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
655. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
656. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

700. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

373
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

701. Requisites or elements of an obligation:

(eeeeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffffff) Passive subject (obligor or debtor)
(gggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

702. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

703. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

704. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

705. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

374
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

706. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ppppppppppp) Quasi-contracts (Art.

1160)
(qqqqqqqqqqq) Crimes or delicts (Art.
1161) (See Art. 2142)
(rrrrrrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

375
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

707. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

101. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
657. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
658. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
659. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
660. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

376
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
661. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
662. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
663. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

377
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

708. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

709. Requisites or elements of an obligation:

(iiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllllllll) Juridical or legal tie (vinculum or efficient cause)

710. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

711. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

712. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

713. Kinds of obligations from the viewpoint of sanction :

378
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

714. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(sssssssssss) Quasi-contracts (Art.

1160)
(ttttttttttt) Crimes or delicts (Art. 1161)
(See Art. 2142)
(uuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

379
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

715. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

102. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
664. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
665. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
666. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

380
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

667. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
668. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
669. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
670. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

381
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

716. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

717. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvv) Quasi-contracts (Art.

1160)
(wwwwwwwwwww) Crimes or delicts (Art.
1161) (See Art. 2142)
(xxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

382
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

718. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

103. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
671. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
672. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
673. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

383
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

674. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
675. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
676. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
677. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

384
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

719. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

720. Requisites or elements of an obligation:

(mmmmmmmmmmmmmm)
(nnnnnnnnnnnnnn)
(oooooooooooooo)
the obligation)
(pppppppppppppp)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

721. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

722. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

723. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

385
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

724. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

725. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyy) Quasi-contracts (Art.

1160)
(zzzzzzzzzzz) Crimes or delicts (Art. 1161)
(See Art. 2142)
(aaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

386
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

726. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

104. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
678. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
679. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
680. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

387
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
681. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
682. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
683. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
684. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

388
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

727. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

728. Requisites or elements of an obligation:

(qqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

729. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

730. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

389
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

731. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

732. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

733. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbb) Quasi-contracts (Art.

1160)
(cccccccccccc) Crimes or delicts (Art.
1161) (See Art. 2142)
(dddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

390
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

734. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

105. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
685. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

391
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

686. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
687. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
688. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
689. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
690. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
691. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

392
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

735. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

736. Requisites or elements of an obligation:

(uuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or efficient cause)

737. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

393
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

738. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

739. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

740. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

741. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeeee) Quasi-contracts (Art.

1160)

394
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ffffffffffff)Crimes or delicts (Art. 1161)

(See Art. 2142)
(gggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

742. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

106. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

395
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

692. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
693. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
694. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
695. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
696. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
697. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

396
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
698. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

743. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

744. Requisites or elements of an obligation:

(yyyyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)

397
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient

cause)

745. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

746. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

747. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

748. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

749. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

398
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhh) Quasi-contracts (Art.

1160)
(iiiiiiiiiiii) Crimes or delicts (Art. 1161)
(See Art. 2142)
(jjjjjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

750. Requisites for quasi-delict.

399
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

107. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
699. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
700. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
701. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
702. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

400
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
703. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
704. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
705. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

751. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

401
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

752. Requisites or elements of an obligation:

(ccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

753. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

754. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

755. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

756. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

402
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

757. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkk) Quasi-contracts (Art.

1160)
(llllllllllll)Crimes or delicts (Art. 1161)
(See Art. 2142)
(mmmmmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

403
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

758. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

108. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
706. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
707. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
708. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
709. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

404
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
710. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
711. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
712. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

405
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

759. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

760. Requisites or elements of an obligation:

(ggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

761. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

762. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

763. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

406
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

764. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

765. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnn) Quasi-contracts (Art.

1160)
(oooooooooooo) Crimes or delicts (Art.
1161) (See Art. 2142)
(pppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

407
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

766. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

109. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
713. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
714. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
715. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

408
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
716. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
717. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
718. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
719. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

409
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

767. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

768. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllllll)Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

769. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

770. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

410
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

771. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

772. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

773. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqqq) Quasi-contracts (Art.

1160)
(rrrrrrrrrrrr)Crimes or delicts (Art. 1161)
(See Art. 2142)
(ssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

411
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

774. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

110. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
720. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
721. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

412
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

722. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
723. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
724. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
725. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

413
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

775. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

776. Requisites or elements of an obligation:

(ooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

777. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

778. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

779. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

414
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

780. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

781. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(tttttttttttt)Quasi-contracts (Art. 1160)

(uuuuuuuuuuuu) Crimes or delicts (Art.
1161) (See Art. 2142)
(vvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

415
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

782. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

111. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
726. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
727. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
728. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

416
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
729. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
730. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
731. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
732. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

417
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

783. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

784. Requisites or elements of an obligation:

(sssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttt)Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

785. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

786. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

418
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

787. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

788. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

789. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwww) Quasi-contracts
(Art. 1160)
(xxxxxxxxxxxx) Crimes or delicts (Art.
1161) (See Art. 2142)
(yyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

419
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

790. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

112. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
733. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
734. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

420
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

735. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
736. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
737. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
738. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
739. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

421
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

791. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

792. Requisites or elements of an obligation:

(wwwwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or efficient cause)

793. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

422
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

794. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

795. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

796. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

797. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzz) Quasi-contracts (Art.

1160)

423
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaa) Crimes or delicts (Art.

1161) (See Art. 2142)
(bbbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

798. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

113. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

424
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

740. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
741. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
742. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
743. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
744. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
745. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

425
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
746. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

799. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

800. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaa)
(bbbbbbbbbbbbbbbb)
(cccccccccccccccc)
the obligation)
(dddddddddddddddd)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

801. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

426
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

802. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

803. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

804. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

805. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

427
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ccccccccccccc) Quasi-contracts (Art.

1160)
(ddddddddddddd) Crimes or delicts (Art.
1161) (See Art. 2142)
(eeeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

806. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

428
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

114. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
747. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
748. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
749. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
750. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

429
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

751. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
752. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
753. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

807. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

430
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

808. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffffffff) Passive subject (obligor or debtor)
(gggggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

809. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

810. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

811. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

812. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

431
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

813. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(fffffffffffff)
(ggggggggggggg) Crimes or delicts (Art.
1161) (See Art. 2142)
(hhhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

432
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

814. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

115. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
754. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
755. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
756. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
757. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

433
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
758. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
759. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
760. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

434
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

815. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

816. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

817. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

818. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

819. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

820. Kinds of obligations from the viewpoint of sanction :

435
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

821. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

436
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

822. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

116. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
761. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
762. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
763. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
764. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

437
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
765. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
766. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
767. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

438
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

823. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

824. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmm) Active subject (obligee or
creditor)
(nnnnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

825. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

826. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

827. Kinds of obligations from the viewpoint of subject matter :

439
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

828. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

829. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(lllllllllllll)
(mmmmmmmmmmmmm) Crimes or
delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

440
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

830. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

117. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
768. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
769. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

441
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

770. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
771. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
772. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
773. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
774. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

442
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

831. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

832. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssss) Object or prestation (subject matter of
the obligation)
(tttttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

833. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

834. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

443
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

835. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

836. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

837. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooooooooooooo) Quasi-contracts (Art.

1160)
(ppppppppppppp) Crimes or delicts (Art.
1161) (See Art. 2142)
(qqqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

444
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

838. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

118. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
775. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
776. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

445
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
777. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
778. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
779. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
780. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
781. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

446
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

839. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

840. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(rrrrrrrrrrrrr)
(sssssssssssss) Crimes or delicts (Art.
1161) (See Art. 2142)
(ttttttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

447
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

841. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

119. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
782. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

448
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

783. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
784. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
785. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
786. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
787. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
788. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

449
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

842. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

843. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient
cause)

844. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

450
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

845. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

846. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

847. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

848. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuuu) Quasi-contracts (Art.

1160)

451
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(vvvvvvvvvvvvv) Crimes or delicts (Art.

1161) (See Art. 2142)
(wwwwwwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

849. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

120. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

452
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

789. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
790. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
791. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
792. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
793. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
794. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

453
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
795. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

850. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

851. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyy) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(zzzzzzzzzzzzzzzz)
(aaaaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient
cause)

454
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

852. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

853. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

854. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

855. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

856. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

455
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxxxxx) Quasi-contracts (Art.

1160)
(yyyyyyyyyyyyy) Crimes or delicts (Art.
1161) (See Art. 2142)
(zzzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

857. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

456
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

121. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
796. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
797. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
798. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
799. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

457
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
800. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
801. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
802. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

858. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

859. Requisites or elements of an obligation:

(ccccccccccccccccc) Active subject (obligee or creditor)

458
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ddddddddddddddddd) Passive subject (obligor or debtor)

(eeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffff)Juridical or legal tie (vinculum or efficient cause)

860. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

861. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

862. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

863. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

864. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

459
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaaa) Quasi-contracts (Art.

1160)
(bbbbbbbbbbbbbb) Crimes or delicts (Art.
1161) (See Art. 2142)
(cccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

865. Requisites for quasi-delict.

460
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

122. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
803. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
804. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
805. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
806. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

461
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
807. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
808. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
809. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

462
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

866. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

867. Requisites or elements of an obligation:

(ggggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

868. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

869. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

870. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

463
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

871. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

872. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dddddddddddddd) Quasi-contracts (Art.

1160)
(eeeeeeeeeeeeee) Crimes or delicts (Art.
1161) (See Art. 2142)
(ffffffffffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

464
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

873. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

123. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
810. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
811. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
812. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

465
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
813. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
814. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
815. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
816. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

466
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

874. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

875. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(lllllllllllllllll)
(mmmmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

876. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

877. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

467
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

878. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

879. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

880. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gggggggggggggg) Quasi-contracts (Art.

1160)
(hhhhhhhhhhhhhh) Crimes or delicts (Art.
1161) (See Art. 2142)
(iiiiiiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

468
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

881. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

124. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
817. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
818. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

469
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

819. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
820. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
821. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
822. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
823. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

470
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

882. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

883. Requisites or elements of an obligation:

(ooooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

884. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

471
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

885. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

886. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

887. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

888. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjjjjjj) Quasi-contracts (Art. 1160)

472
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkkkkkkkk) Crimes or delicts (Art.

1161) (See Art. 2142)
(llllllllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

889. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

125. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

473
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

824. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
825. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
826. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
827. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
828. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
829. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

474
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
830. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

890. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

891. Requisites or elements of an obligation:

(sssssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

892. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

475
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

893. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

894. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

895. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

896. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

476
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmmmmmm) Quasi-contracts
(Art. 1160)
(nnnnnnnnnnnnnn) Crimes or delicts (Art.
1161) (See Art. 2142)
(oooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

897. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

477
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

126. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
831. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
832. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
833. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
834. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

478
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

835. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
836. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
837. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

838. amages for the death of Pedro?

*** END ***

898. of an obligation:
(wwwwwwwwwwwwwwwww) Active subject (obligee or
creditor)
(xxxxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient
cause)

479
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

899. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

900. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

901. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

902. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

903. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

480
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pppppppppppppp) Quasi-contracts (Art.

1160)
(qqqqqqqqqqqqqq) Crimes or delicts (Art.
1161) (See Art. 2142)
(rrrrrrrrrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

904. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

481
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

127. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
839. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
840. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
841. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
842. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

482
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
843. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
844. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
845. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

905. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

483
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

906. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaa)
(bbbbbbbbbbbbbbbbbb)
(cccccccccccccccccc)
the obligation)
(dddddddddddddddddd)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

907. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

908. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

909. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

910. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

484
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

911. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssssssssssssss) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(tttttttttttttt)
(See Art. 2142)
(uuuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

485
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

912. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

128. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
846. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
847. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
848. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
849. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

486
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
850. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
851. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
852. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

487
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

913. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

914. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ffffffffffffffffff)
(gggggggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

915. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

916. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

917. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

488
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

918. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

919. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvvv) Quasi-contracts (Art.

1160)
(wwwwwwwwwwwwww) Crimes or
delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

489
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

920. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

129. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
853. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
854. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
855. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

490
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

856. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
857. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
858. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
859. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

491
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

921. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

922. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyyyyy) Quasi-contracts (Art.

1160)
(zzzzzzzzzzzzzz) Crimes or delicts (Art.
1161) (See Art. 2142)
(aaaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

492
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

923. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

130. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
860. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
861. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
862. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

493
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

863. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
864. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
865. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
866. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

494
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

924. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

925. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

926. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

927. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

928. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

495
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

929. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

930. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbbb) Quasi-contracts (Art.

1160)
(ccccccccccccccc) Crimes or delicts (Art.
1161) (See Art. 2142)
(ddddddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

496
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

931. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

131. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
867. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
868. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
869. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

497
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
870. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
871. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
872. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
873. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

498
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

932. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

933. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmm) Active subject (obligee or
creditor)
(nnnnnnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

934. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

935. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

499
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

936. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

937. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

938. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeeeeeee) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(fffffffffffffff)
(See Art. 2142)
(ggggggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

500
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

939. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

132. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
874. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

501
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

875. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
876. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
877. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
878. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
879. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
880. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

502
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

940. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

941. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssssss) Object or prestation (subject matter of
the obligation)
(tttttttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

942. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

503
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

943. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

944. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

945. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

946. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhhh) Quasi-contracts (Art.

1160)

504
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Crimes or delicts (Art. 1161)

(iiiiiiiiiiiiiii)
(See Art. 2142)
(jjjjjjjjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

947. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

133. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

505
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

881. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
882. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
883. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
884. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
885. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
886. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

506
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
887. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

948. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

949. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwwwww) Object or prestation (subject
matter of the obligation)

507
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxxxxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient

cause)

950. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

951. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

952. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

953. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

954. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

508
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkkkkk) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(lllllllllllllll)
(See Art. 2142)
(mmmmmmmmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

955. Requisites for quasi-delict.

509
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

134. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
888. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
889. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
890. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
891. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

510
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The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
892. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
893. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
894. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

956. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

511
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

957. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyy)
(zzzzzzzzzzzzzzzzzz)
(aaaaaaaaaaaaaaaaaaa)
the obligation)
(bbbbbbbbbbbbbbbbbbb)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

958. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

959. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

960. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

961. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

512
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

962. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnnn) Quasi-contracts (Art.

1160)
(ooooooooooooooo) Crimes or delicts (Art.
1161) (See Art. 2142)
(ppppppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

513
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

963. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

135. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
895. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
896. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
897. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
898. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

514
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
899. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
900. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
901. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

515
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

964. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

965. Requisites or elements of an obligation:

(ccccccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

966. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

967. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

968. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

516
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

969. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

970. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqqqqqq) Quasi-contracts (Art.

1160)
(rrrrrrrrrrrrrrr) Crimes or delicts (Art.
1161) (See Art. 2142)
(sssssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

517
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

971. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

136. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
902. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
903. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
904. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

518
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
905. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
906. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
907. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
908. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

519
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

972. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

973. Requisites or elements of an obligation:

(ggggggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

974. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

975. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

976. Kinds of obligations from the viewpoint of subject matter :

520
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

977. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

978. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(ttttttttttttttt)
(uuuuuuuuuuuuuuu) Crimes or delicts (Art.
1161) (See Art. 2142)
(vvvvvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

521
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

979. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

137. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
909. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
910. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

522
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

911. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
912. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
913. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
914. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

523
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

980. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

981. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(lllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnnnnnn) Juridical or legal tie ( vinculum or efficient
cause)

982. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

983. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

984. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

524
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

985. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

986. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwwwwww) Quasi-contracts
(Art. 1160)
(xxxxxxxxxxxxxxx) Crimes or delicts (Art.
1161) (See Art. 2142)
(yyyyyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

525
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

987. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

138. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
915. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
916. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
917. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

526
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
918. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
919. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
920. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
921. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

527
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

988. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

989. Requisites or elements of an obligation:

(ooooooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrrrrrr) Juridical or legal tie ( vinculum or efficient cause)

990. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

991. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

528
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

992. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

993. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

994. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzzzzz) Quasi-contracts (Art.

1160)
(aaaaaaaaaaaaaaaa) Crimes or delicts (Art.
1161) (See Art. 2142)
(bbbbbbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

529
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

995. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

139. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
922. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
923. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

530
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

924. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
925. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
926. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
927. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
928. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

531
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

996. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

997. Requisites or elements of an obligation:

(sssssssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

998. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

532
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

999. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1000. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1001. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1002. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(cccccccccccccccc) Quasi-contracts (Art.

1160)

533
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(dddddddddddddddd) Crimes or
delicts (Art. 1161) (See Art. 2142)
(eeeeeeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1003. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

140. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

534
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

929. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
930. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
931. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
932. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
933. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
934. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

535
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
935. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1004. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1005. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwww) Active subject (obligee or
creditor)
(xxxxxxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient
cause)

536
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1006. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1007. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1008. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1009. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1010. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

537
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(ffffffffffffffff)
(gggggggggggggggg) Crimes or
delicts (Art. 1161) (See Art. 2142)
(hhhhhhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1011. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

538
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

141. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
936. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
937. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
938. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
939. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

539
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

940. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
941. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
942. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1012. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

540
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1013. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaa)
(bbbbbbbbbbbbbbbbbbbb)
(cccccccccccccccccccc)
the obligation)
(dddddddddddddddddddd)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

1014. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1015. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1016. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1017. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

541
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1018. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(iiiiiiiiiiiiiiii)
(jjjjjjjjjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

542
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1019. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

142. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
943. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
944. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
945. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
946. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.

543
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Before the typhoon, however, reached the Philippine area of

responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
947. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
948. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
949. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

544
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1020. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1021. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ffffffffffffffffffff)
(gggggggggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhhhhhhhh) Juridical or legal tie ( vinculum or efficient
cause)

1022. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1023. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1024. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

545
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1025. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1026. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(llllllllllllllll)
(mmmmmmmmmmmmmmmm) Crimes
or delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

546
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1027. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

143. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
950. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
951. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
952. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

547
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

953. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
954. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
955. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
956. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

548
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1028. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1029. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

1030. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1031. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1032. Kinds of obligations from the viewpoint of subject matter :

549
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1033. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1034. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooooooooooooooo) Quasi-contracts
(Art. 1160)
(pppppppppppppppp) Crimes or
delicts (Art. 1161) (See Art. 2142)
(qqqqqqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

550
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1035. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

144. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
957. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
958. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

551
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

959. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
960. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
961. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
962. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
963. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

552
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1036. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1037. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmm) Active subject (obligee
or creditor)
(nnnnnnnnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

1038. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1039. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

553
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1040. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1041. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1042. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrrrrrrrr) Quasi-contracts (Art.

1160)
(ssssssssssssssss) Crimes or delicts (Art.
1161) (See Art. 2142)
(tttttttttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)

554
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 quasi-delict defined (Art. 2176)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1043. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

145. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
964. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

555
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

965. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
966. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
967. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
968. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
969. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
970. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

556
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1044. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1045. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuuuuuu) Quasi-contracts
(Art. 1160)
(vvvvvvvvvvvvvvvv) Crimes or delicts (Art.
1161) (See Art. 2142)

557
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(wwwwwwwwwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1046. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

146. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
971. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed

558
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
972. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
973. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
974. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
975. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
976. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

559
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

977. Juan ordered ten-year old Pedro to climb a high and

slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1047. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1048. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssssssss) Object or prestation (subject matter of
the obligation)
(tttttttttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

1049. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

560
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1050. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1051. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1052. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1053. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

561
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxxxxxxxxxxxx) Quasi-contracts (Art.

1160)
(yyyyyyyyyyyyyyyy) Crimes or delicts (Art.
1161) (See Art. 2142)
(zzzzzzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1054. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

147. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

562
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
978. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
979. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
980. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
981. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
982. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

563
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

983. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
984. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1055. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1056. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwwwwwww) Object or prestation (subject
matter of the obligation)

564
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxxxxxxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient

cause)

1057. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1058. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1059. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1060. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1061. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

565
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaaaaaa) Quasi-contracts
(Art. 1160)
(bbbbbbbbbbbbbbbbb) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ccccccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1062. Requisites for quasi-delict.

566
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

148. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
985. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
986. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
987. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
988. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

567
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
989. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
990. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
991. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1063. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

568
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1064. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbbbbbbbb)Juridical or legal tie (vinculum or efficient
cause)

1065. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1066. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1067. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1068. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

569
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1069. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ddddddddddddddddd) Quasi-contracts
(Art. 1160)
(eeeeeeeeeeeeeeeee) Crimes or
delicts (Art. 1161) (See Art. 2142)
(fffffffffffffffff) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

570
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1070. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

149. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
992. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
993. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
994. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
995. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

571
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
996. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
997. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
998. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

572
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1071. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1072. Requisites or elements of an obligation:

(ccccccccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddddddddd)Passive subject (obligor or debtor)
(eeeeeeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffffffff) Juridical or legal tie ( vinculum or efficient cause)

1073. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1074. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1075. Kinds of obligations from the viewpoint of subject matter :

573
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1076. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1077. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggggggggggggggg) Quasi-contracts
(Art. 1160)
(hhhhhhhhhhhhhhhhh) Crimes or
delicts (Art. 1161) (See Art. 2142)
(iiiiiiiiiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

574
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1078. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

150. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
999. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1000. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

575
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1001. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1002. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1003. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1004. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1005. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

576
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1079. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1080. Requisites or elements of an obligation:

(ggggggggggggggggggggg)Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhhhhhh)Passive subject (obligor or debtor)
(iiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

1081. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1082. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

577
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1083. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1084. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1085. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(jjjjjjjjjjjjjjjjj)
(kkkkkkkkkkkkkkkkk) Crimes or
delicts (Art. 1161) (See Art. 2142)
(lllllllllllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

578
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1086. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

151. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1006. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1007. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

579
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1008. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1009. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1010. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1011. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1012. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

580
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1087. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1088. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmmmmmmmm) Object or prestation
(subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnn)Juridical or legal tie ( vinculum or efficient
cause)

1089. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

581
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1090. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1091. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1092. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1093. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

582
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmmmmmmmmm) Quasi-
contracts (Art. 1160)
(nnnnnnnnnnnnnnnnn) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ooooooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1094. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

152. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

583
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1013. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1014. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1015. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1016. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1017. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

584
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1018. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1019. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1095. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1096. Requisites or elements of an obligation:

(ooooooooooooooooooooo)Active subject (obligee or creditor)
(ppppppppppppppppppppp)Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqqqqqqqq)Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie ( vinculum or efficient cause)

585
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1097. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1098. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1099. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1100. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1101. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

586
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ppppppppppppppppp) Quasi-contracts
(Art. 1160)
(qqqqqqqqqqqqqqqqq) Crimes or
delicts (Art. 1161) (See Art. 2142)
(rrrrrrrrrrrrrrrrr) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1102. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

587
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

153. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1020. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1021. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1022. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1023. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

588
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1024. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1025. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1026. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1027. amages for the death of Pedro?

*** END ***

1028. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his
loan to Caitlyn. Is this agreement legally enforceable?
1029. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

589
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1030. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1031. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1032. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

590
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1103. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1104. Requisites or elements of an obligation:

(sssssssssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuuuuuuuu)Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or efficient
cause)

1105. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1106. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1107. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

591
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1108. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1109. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(sssssssssssssssss) Quasi-contracts
(Art. 1160)
(ttttttttttttttttt) Crimes or delicts (Art.
1161) (See Art. 2142)
(uuuuuuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

592
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1110. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

154. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1033. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1034. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

593
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1035. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1036. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1037. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1038. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1039. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

594
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1111. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1112. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwww) Active subject (obligee or
creditor)
(xxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient
cause)

1113. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1114. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

595
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1115. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1116. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1117. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvvvvvv) Quasi-contracts
(Art. 1160)
(wwwwwwwwwwwwwwwww) Crimes
or delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)

596
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 quasi-delict defined (Art. 2176)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1118. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

155. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1040. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

597
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1041. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1042. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1043. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1044. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1045. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1046. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

598
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1119. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1120. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor or
debtor)
(cccccccccccccccccccccc) Object or prestation (subject matter of
the obligation)
(dddddddddddddddddddddd) Juridical or legal tie ( vinculum or
efficient cause)

599
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1121. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1122. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1123. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1124. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1125. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

600
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyyyyyyyy) Quasi-contracts
(Art. 1160)
(zzzzzzzzzzzzzzzzz) Crimes or delicts (Art.
1161) (See Art. 2142)
(aaaaaaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1126. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

601
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

156. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1047. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1048. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1049. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1050. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

602
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1051. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1052. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1053. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1127. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1128. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeee) Active subject (obligee or creditor)

603
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Passive subject (obligor or debtor)

(ffffffffffffffffffffff)
(gggggggggggggggggggggg) Object or prestation (subject
matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie ( vinculum or
efficient cause)

1129. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1130. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1131. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1132. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1133. Sources of obligations : (Art. 1157)

604
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbbbbbb) Quasi-contracts
(Art. 1160)
(cccccccccccccccccc) Crimes or
delicts (Art. 1161) (See Art. 2142)
(dddddddddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

605
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1134. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

157. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1054. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1055. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1056. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1057. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of

606
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1058. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1059. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1060. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

607
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1135. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1136. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

1137. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1138. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1139. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1140. Kinds of obligations from the viewpoint of sanction :

608
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1141. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeeeeeeeeee) Quasi-contracts
(Art. 1160)
(ffffffffffffffffff) Crimes or delicts (Art.
1161) (See Art. 2142)
(gggggggggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

609
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1142. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

158. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1061. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1062. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1063. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

610
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1064. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1065. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1066. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1067. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

611
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1143. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1144. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmm) Active subject (obligee
or creditor)
(nnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor or
debtor)
(oooooooooooooooooooooo) Object or prestation (subject
matter of the obligation)
(pppppppppppppppppppppp) Juridical or legal tie ( vinculum or
efficient cause)

1145. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1146. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1147. Kinds of obligations from the viewpoint of subject matter :

612
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1148. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1149. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhhhhhh) Quasi-contracts
(Art. 1160)
(iiiiiiiiiiiiiiiiii) Crimes or delicts (Art. 1161)
(See Art. 2142)
(jjjjjjjjjjjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

613
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1150. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

159. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1068. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1069. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

614
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1070. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1071. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1072. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1073. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1074. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

615
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1151. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1152. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkkkkkkkk) Quasi-contracts
(Art. 1160)
(llllllllllllllllll) Crimes or delicts (Art. 1161)
(See Art. 2142)
(mmmmmmmmmmmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

616
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1153. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

160. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1075. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1076. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

617
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1077. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1078. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1079. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1080. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1081. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

618
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1154. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1155. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee or
creditor)
(rrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssssssssss) Object or prestation (subject matter of
the obligation)
Juridical or legal tie (vinculum or efficient cause)
(tttttttttttttttttttttt)

1156. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

619
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1157. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1158. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1159. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1160. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnnnnnn) Quasi-contracts
(Art. 1160)

620
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(oooooooooooooooooo) Crimes or
delicts (Art. 1161) (See Art. 2142)
(pppppppppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1161. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

161. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

621
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1082. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1083. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1084. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1085. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1086. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1087. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

622
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1088. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1162. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1163. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee or
creditor)
(vvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwwwwwwwww) Object or prestation (subject
matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or efficient
cause)

623
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1164. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1165. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1166. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1167. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1168. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

624
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqqqqqqqqq) Quasi-contracts
(Art. 1160)
(rrrrrrrrrrrrrrrrrr) Crimes or delicts (Art.
1161) (See Art. 2142)
(ssssssssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1169. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

625
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

162. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1089. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1090. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1091. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1092. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

626
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1093. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1094. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1095. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1170. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1171. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee or creditor)

627
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(zzzzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or debtor)

(aaaaaaaaaaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie ( vinculum or
efficient cause)

1172. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1173. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1174. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1175. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1176. Sources of obligations : (Art. 1157)

628
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(tttttttttttttttttt) Quasi-contracts (Art.

1160)
(uuuuuuuuuuuuuuuuuu) Crimes or
delicts (Art. 1161) (See Art. 2142)
(vvvvvvvvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

629
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1177. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

163. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1096. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1097. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1098. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1099. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of

630
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1100. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1101. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1102. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

631
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1178. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1179. Requisites or elements of an obligation:

(ccccccccccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddddddddddd) Passive subject (obligor or
debtor)
(eeeeeeeeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffffffffff) Juridical or legal tie ( vinculum or efficient cause)

1180. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1181. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1182. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

632
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

1183. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1184. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwwwwwwwww) Quasi-
contracts (Art. 1160)
(xxxxxxxxxxxxxxxxxx) Crimes or
delicts (Art. 1161) (See Art. 2142)
(yyyyyyyyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

633
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1185. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

164. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1103. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1104. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1105. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

634
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1106. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1107. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1108. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1109. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

635
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1186. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1187. Requisites or elements of an obligation:

(ggggggggggggggggggggggg) Active subject (obligee or
creditor)
(hhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor or
debtor)
(iiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

1188. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1189. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

636
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1190. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1191. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1192. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzzzzzzzz) Quasi-contracts (Art.

1160)
(aaaaaaaaaaaaaaaaaaa) Crimes or
delicts (Art. 1161) (See Art. 2142)
(bbbbbbbbbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

637
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1193. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

165. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1110. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1111. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

638
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1112. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1113. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1114. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1115. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1116. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

639
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1194. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1195. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllllllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmmmmmmmmmm) Object or prestation
(subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie ( vinculum or
efficient cause)

1196. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

640
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1197. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1198. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1199. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1200. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

641
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ccccccccccccccccccc) Quasi-contracts
(Art. 1160)
(ddddddddddddddddddd) Crimes or
delicts (Art. 1161) (See Art. 2142)
(eeeeeeeeeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1201. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

166. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

642
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1117. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1118. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1119. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1120. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1121. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

643
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1122. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1123. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1202. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1203. Requisites or elements of an obligation:

(ooooooooooooooooooooooo) Active subject (obligee or
creditor)
(ppppppppppppppppppppppp) Passive subject (obligor or
debtor)
(qqqqqqqqqqqqqqqqqqqqqqq) Object or prestation (subject
matter of the obligation)
(rrrrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient
cause)

644
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1204. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1205. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1206. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1207. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1208. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

645
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(fffffffffffffffffff) Quasi-contracts (Art.

1160)
(ggggggggggggggggggg) Crimes or
delicts (Art. 1161) (See Art. 2142)
(hhhhhhhhhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1209. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

646
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

167. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1124. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1125. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1126. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1127. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

647
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1128. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1129. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1210. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1211. Requisites or elements of an obligation:

(sssssssssssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuuuuuuuuuu) Object or prestation (subject
matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or efficient
cause)

648
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1212. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1213. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1214. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1215. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1216. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

649
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(iiiiiiiiiiiiiiiiiii)
(jjjjjjjjjjjjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1217. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

650
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

168. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1130. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1131. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1132. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1133. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

651
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1134. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1135. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1136. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1218. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1219. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwww) Active subject (obligee
or creditor)
(xxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or debtor)

652
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yyyyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject matter of

the obligation)
(zzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient
cause)

1220. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1221. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1222. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1223. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1224. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

653
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(lllllllllllllllllll) Quasi-contracts (Art. 1160)

(mmmmmmmmmmmmmmmmmmm)
Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1225. Requisites for quasi-delict.

654
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

169. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1137. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1138. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1139. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1140. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

655
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1141. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1142. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1143. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1226. “Obligation” defined. (Art. 1156)

656
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

1227. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee or
creditor)
(bbbbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor or
debtor)
(cccccccccccccccccccccccc) Object or prestation (subject
matter of the obligation)
(dddddddddddddddddddddddd) Juridical or legal tie ( vinculum or
efficient cause)

1228. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1229. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1230. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

657
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1231. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1232. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooooooooooooooooooo) Quasi-contracts
(Art. 1160)
(ppppppppppppppppppp) Crimes or
delicts (Art. 1161) (See Art. 2142)
(qqqqqqqqqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

658
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1233. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

170. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1144. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1145. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1146. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

659
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1147. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1148. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1149. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1150. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

660
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1234. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1235. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeeeee) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(ffffffffffffffffffffffff)
(gggggggggggggggggggggggg) Object or prestation (subject
matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie ( vinculum or
efficient cause)

1236. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1237. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1238. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

661
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1239. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1240. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrrrrrrrrrrr) Quasi-contracts (Art.

1160)
(sssssssssssssssssss) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ttttttttttttttttttt) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

662
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1241. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

171. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1151. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1152. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

663
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1153. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1154. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1155. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1156. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1157. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

664
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1242. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1243. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkkkkkk) Object or prestation (subject
matter of the obligation)
(llllllllllllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

1244. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

665
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1245. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1246. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1247. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1248. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuuuuuuuuu) Quasi-contracts
(Art. 1160)

666
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(vvvvvvvvvvvvvvvvvvv) Crimes or
delicts (Art. 1161) (See Art. 2142)
(wwwwwwwwwwwwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1249. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

172. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

667
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1158. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1159. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1160. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1161. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1162. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1163. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

668
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1164. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1250. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1251. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmmmm) Active subject (obligee
or creditor)
(nnnnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor or
debtor)
(oooooooooooooooooooooooo) Object or prestation (subject
matter of the obligation)
(pppppppppppppppppppppppp) Juridical or legal tie ( vinculum or
efficient cause)

669
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1252. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1253. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1254. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1255. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1256. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

670
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxxxxxxxxxxx) Quasi-contracts
(Art. 1160)
(yyyyyyyyyyyyyyyyyyy) Crimes or
delicts (Art. 1161) (See Art. 2142)
(zzzzzzzzzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1257. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

671
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

173. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1165. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1166. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1167. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1168. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

672
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1169. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1170. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1171. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1258. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

673
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1259. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee or
creditor)
(rrrrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssssssssssss) Object or prestation (subject
matter of the obligation)
(tttttttttttttttttttttttt) Juridical or legal tie ( vinculum or efficient cause)

1260. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1261. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1262. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1263. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

674
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1264. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaaaaaaaaa) Quasi-contracts
(Art. 1160)
(bbbbbbbbbbbbbbbbbbbb) Crimes or
delicts (Art. 1161) (See Art. 2142)
(cccccccccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

675
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1265. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

174. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1172. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1173. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1174. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1175. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

676
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1176. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1177. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1178. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

677
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1266. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1267. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee or
creditor)
(vvvvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or
debtor)
(wwwwwwwwwwwwwwwwwwwwwwww) Object or prestation
(subject matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or
efficient cause)

1268. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1269. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1270. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

1271. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1272. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dddddddddddddddddddd) Quasi-contracts
(Art. 1160)
(eeeeeeeeeeeeeeeeeeee) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ffffffffffffffffffff) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

679
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1273. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

175. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1179. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1180. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1181. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

680
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1182. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1183. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1184. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1185. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1274. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1275. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gggggggggggggggggggg) Quasi-contracts
(Art. 1160)
(hhhhhhhhhhhhhhhhhhhh) Crimes or
delicts (Art. 1161) (See Art. 2142)
(iiiiiiiiiiiiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

682
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1276. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

176. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1186. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1187. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1188. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

683
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1189. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1190. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1191. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1192. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

684
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1277. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1278. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee or
creditor)
(zzzzzzzzzzzzzzzzzzzzzzzz)Passive subject (obligor or debtor)
(aaaaaaaaaaaaaaaaaaaaaaaaa) Object or prestation (subject
matter of the obligation)
(bbbbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie ( vinculum or
efficient cause)

1279. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1280. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

685
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1281. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1282. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1283. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjjjjjjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkkkkkkkkkkkkkk) Crimes or
delicts (Art. 1161) (See Art. 2142)
(llllllllllllllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

686
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1284. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

177. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1193. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1194. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

687
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1195. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1196. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1197. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1198. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1199. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

688
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1285. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1286. Requisites or elements of an obligation:

(ccccccccccccccccccccccccc) Active subject (obligee or
creditor)
(ddddddddddddddddddddddddd) Passive subject (obligor or
debtor)
(eeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation (subject
matter of the obligation)
(fffffffffffffffffffffffff) Juridical or legal tie (vinculum or efficient
cause)

1287. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

689
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1288. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1289. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1290. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1291. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

690
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmmmmmmmmmmmm)
Quasi-contracts (Art. 1160)
(nnnnnnnnnnnnnnnnnnnn) Crimes or
delicts (Art. 1161) (See Art. 2142)
(oooooooooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1292. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

178. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

691
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1200. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1201. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1202. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1203. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1204. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

692
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1205. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1206. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1293. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1294. Requisites or elements of an obligation:

(ggggggggggggggggggggggggg) Active subject (obligee or
creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor or
debtor)

693
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(iiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the

obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

1295. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1296. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1297. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1298. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1299. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

694
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pppppppppppppppppppp) Quasi-contracts
(Art. 1160)
(qqqqqqqqqqqqqqqqqqqq) Crimes or
delicts (Art. 1161) (See Art. 2142)
(rrrrrrrrrrrrrrrrrrrr) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1300. Requisites for quasi-delict.

695
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

179. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1207. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1208. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1209. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1210. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

696
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1211. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1212. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1213. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

697
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1301. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1302. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(lllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmm) Object or
prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie ( vinculum or
efficient cause)

1303. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1304. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1305. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

698
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1306. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1307. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssssssssssssssssssss) Quasi-contracts
(Art. 1160)
(tttttttttttttttttttt)Crimes or delicts (Art.
1161) (See Art. 2142)
(uuuuuuuuuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

699
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1308. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

180. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1214. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1215. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1216. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

700
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1217. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1218. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1219. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1220. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

701
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1309. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1310. Requisites or elements of an obligation:

(ooooooooooooooooooooooooo) Active subject (obligee or
creditor)
(ppppppppppppppppppppppppp) Passive subject (obligor or
debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation (subject
matter of the obligation)
(rrrrrrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient
cause)

1311. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1312. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

702
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1313. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1314. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1315. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvvvvvvvvv) Quasi-contracts
(Art. 1160)
(wwwwwwwwwwwwwwwwwwww) Crimes
or delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

703
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1316. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

181. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1221. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1222. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

704
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1223. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1224. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1225. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1226. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1227. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

705
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1317. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1318. Requisites or elements of an obligation:

(sssssssssssssssssssssssss) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(ttttttttttttttttttttttttt)
(uuuuuuuuuuuuuuuuuuuuuuuuu) Object or prestation (subject
matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or
efficient cause)

1319. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

706
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1320. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1321. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1322. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1323. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

707
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yyyyyyyyyyyyyyyyyyyy) Quasi-contracts
(Art. 1160)
(zzzzzzzzzzzzzzzzzzzz) Crimes or
delicts (Art. 1161) (See Art. 2142)
(aaaaaaaaaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1324. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

182. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

708
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1228. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1229. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1230. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1231. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1232. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

709
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1233. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1234. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1325. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1326. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwwwww) Active subject (obligee
or creditor)
(xxxxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or
debtor)
(yyyyyyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject
matter of the obligation)
(zzzzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or efficient
cause)

710
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1327. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1328. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1329. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1330. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1331. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

711
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbbbbbbbbb)Quasi-contracts
(Art. 1160)
(ccccccccccccccccccccc) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ddddddddddddddddddddd)Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1332. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

712
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

183. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1235. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1236. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1237. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1238. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

713
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1239. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1240. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1241. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1242. amages for the death of Pedro?

*** END ***

(aaaaaaaaaaaaaaaaaaaaaaaaaa) Passive
1243. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

714
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1244. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
On November 15, 2014, Derek entered into an agreement with Caitlyn.
Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment,
(Arts. 1156-1162)

(bbbbbbbbbbbbbbbbbbbbbbbbbb) Passive
1245. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1246. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1247. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1248. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

715
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1249. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1250. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1251. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1333. “Obligation” defined. (Art. 1156)

716
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

1334. Requisites or elements of an obligation:

(cccccccccccccccccccccccccc) Active subject (obligee or
creditor)
(dddddddddddddddddddddddddd) Passive subject (obligor or
debtor)
(eeeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation (subject
matter of the obligation)
(ffffffffffffffffffffffffff) Juridical or legal tie (vinculum or efficient
cause)

1335. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1336. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1337. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

717
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1338. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1339. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeeeeeeeeeeeee) Quasi-contracts
(Art. 1160)
Crimes or delicts (Art.
(fffffffffffffffffffff)
1161) (See Art. 2142)
(ggggggggggggggggggggg)Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

718
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1340. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

184. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1252. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1253. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1254. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

719
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1255. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1256. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1257. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1258. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

720
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1341. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1342. Requisites or elements of an obligation:

(gggggggggggggggggggggggggg) Active subject (obligee or
creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor or
debtor)
(iiiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

1343. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1344. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1345. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

721
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1346. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1347. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhhhhhhhhh)Quasi-contracts
(Art. 1160)
(iiiiiiiiiiiiiiiiiiiii) Crimes or delicts (Art.
1161) (See Art. 2142)
(jjjjjjjjjjjjjjjjjjjjj) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

722
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1348. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

185. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1259. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1260. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

723
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1261. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1262. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1263. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1264. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1265. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

724
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1349. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1350. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(llllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmmm) Object or
prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie ( vinculum or
efficient cause)

1351. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

725
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1352. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1353. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1354. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1355. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

726
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkkkkkkkkkkkkkkk) Quasi-contracts
(Art. 1160)
(lllllllllllllllllllll) Crimes or delicts (Art.
1161) (See Art. 2142)
(mmmmmmmmmmmmmmmmmmmmm)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1356. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

186. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

727
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1266. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1267. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1268. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1269. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1270. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

728
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1271. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1272. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1357. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1358. Requisites or elements of an obligation:

(oooooooooooooooooooooooooo) Active subject (obligee or
creditor)
(pppppppppppppppppppppppppp) Passive subject (obligor or
debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation (subject
matter of the obligation)
(rrrrrrrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient
cause)

729
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1359. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1360. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1361. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1362. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1363. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

730
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnnnnnnnnn)Quasi-contracts
(Art. 1160)
(ooooooooooooooooooooo)Crimes or
delicts (Art. 1161) (See Art. 2142)
(ppppppppppppppppppppp)Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1364. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

731
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

187. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1273. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1274. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1275. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1276. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

732
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1277. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1278. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1279. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1365. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

733
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1366. Requisites or elements of an obligation:

(ssssssssssssssssssssssssss) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(tttttttttttttttttttttttttt)
(uuuuuuuuuuuuuuuuuuuuuuuuuu) Object or prestation (subject
matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or
efficient cause)

1367. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1368. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1369. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1370. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

734
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

1371. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqqqqqqqqqqqq)Quasi-contracts
(Art. 1160)
Crimes or delicts (Art.
(rrrrrrrrrrrrrrrrrrrrr)
1161) (See Art. 2142)
(sssssssssssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

735
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1372. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

188. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1280. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1281. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1282. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1283. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

736
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1284. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1285. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1286. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

737
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1373. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1374. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwwwwww) Active subject (obligee
or creditor)
(xxxxxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or
debtor)
(yyyyyyyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject
matter of the obligation)
(zzzzzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or
efficient cause)

1375. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1376. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1377. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

738
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1378. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1379. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttttttttttttttttttttt) Quasi-contracts (Art.

1160)
(uuuuuuuuuuuuuuuuuuuuu)Crimes or
delicts (Art. 1161) (See Art. 2142)
(vvvvvvvvvvvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

739
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1380. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

189. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1287. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1288. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

740
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1289. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1290. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1291. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1292. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1293. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

741
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1381. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1382. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwwwwwwwwwwww) Quasi-
contracts (Art. 1160)
(xxxxxxxxxxxxxxxxxxxxx) Crimes or
delicts (Art. 1161) (See Art. 2142)
(yyyyyyyyyyyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

742
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1383. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

190. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1294. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1295. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

743
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1296. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1297. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1298. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1299. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1300. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

744
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1384. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1385. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee or
creditor)
(bbbbbbbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor or
debtor)
(ccccccccccccccccccccccccccc) Object or prestation (subject
matter of the obligation)
(ddddddddddddddddddddddddddd) Juridical or legal tie ( vinculum or
efficient cause)

1386. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

745
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1387. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1388. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1389. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1390. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzzzzzzzzzzz) Quasi-contracts
(Art. 1160)

746
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaaaaaaaaaaa) Crimes or
delicts (Art. 1161) (See Art. 2142)
(bbbbbbbbbbbbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1391. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

191. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

747
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1301. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1302. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1303. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1304. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1305. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1306. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

748
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1307. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1392. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1393. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeeeeeeee) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(fffffffffffffffffffffffffff)
(ggggggggggggggggggggggggggg) Object or prestation (subject
matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie ( vinculum or
efficient cause)

749
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1394. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1395. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1396. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1397. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1398. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

750
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(cccccccccccccccccccccc) Quasi-contracts
(Art. 1160)
(dddddddddddddddddddddd) Crimes
or delicts (Art. 1161) (See Art. 2142)
(eeeeeeeeeeeeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1399. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

751
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

192. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1308. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1309. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1310. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1311. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

752
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1312. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1313. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1314. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1400. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1401. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)

753
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(jjjjjjjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)

(kkkkkkkkkkkkkkkkkkkkkkkkkkk) Object or prestation (subject
matter of the obligation)
(lllllllllllllllllllllllllll) Juridical or legal tie ( vinculum or efficient cause)

1402. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1403. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1404. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1405. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1406. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

754
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ffffffffffffffffffffff) Quasi-contracts (Art.

1160)
(gggggggggggggggggggggg) Crimes
or delicts (Art. 1161) (See Art. 2142)
(hhhhhhhhhhhhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1407. Requisites for quasi-delict.

755
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

193. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1315. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1316. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1317. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1318. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

756
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1319. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1320. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1321. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

757
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1408. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1409. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmmmmmmm) Active subject
(obligee or creditor)
(nnnnnnnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor or
debtor)
(ooooooooooooooooooooooooooo) Object or prestation (subject
matter of the obligation)
(ppppppppppppppppppppppppppp) Juridical or legal tie ( vinculum or
efficient cause)

1410. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1411. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1412. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

758
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1413. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1414. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiiiiiiiiiiiiiiiiii) Quasi-contracts (Art.

1160)
Crimes or delicts (Art.
(jjjjjjjjjjjjjjjjjjjjjj)
1161) (See Art. 2142)
(kkkkkkkkkkkkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

759
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1415. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

194. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1322. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1323. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

760
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1324. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1325. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1326. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1327. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1328. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

761
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1416. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1417. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee or
creditor)
(rrrrrrrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(sssssssssssssssssssssssssss) Object or prestation (subject
matter of the obligation)
(ttttttttttttttttttttttttttt) Juridical or legal tie (vinculum or efficient
cause)

1418. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1419. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

762
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1420. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1421. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1422. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(llllllllllllllllllllll) Quasi-contracts (Art.

1160)
(mmmmmmmmmmmmmmmmmmmmmm)
Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)

763
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 quasi-delict defined (Art. 2176)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1423. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

195. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1329. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

764
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1330. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1331. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1332. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1333. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1334. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1335. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

765
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1424. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1425. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee or
creditor)
(vvvvvvvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or
debtor)
(wwwwwwwwwwwwwwwwwwwwwwwwwww) Object or prestation
(subject matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or
efficient cause)

766
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1426. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1427. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1428. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1429. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1430. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

767
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooooooooooooooooooooo) Quasi-
contracts (Art. 1160)
(pppppppppppppppppppppp) Crimes
or delicts (Art. 1161) (See Art. 2142)
(qqqqqqqqqqqqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1431. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

768
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

196. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1336. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1337. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1338. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1339. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

769
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1340. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1341. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1342. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1432. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1433. Requisites or elements of an obligation:

770
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yyyyyyyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee or

creditor)
(zzzzzzzzzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or
debtor)
(aaaaaaaaaaaaaaaaaaaaaaaaaaaa) Object or prestation (subject
matter of the obligation)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie ( vinculum or
efficient cause)

1434. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1435. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1436. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1437. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

771
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1438. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrrrrrrrrrrrrrr) Quasi-contracts (Art.

1160)
(ssssssssssssssssssssss) Crimes or
delicts (Art. 1161) (See Art. 2142)
(tttttttttttttttttttttt) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

772
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1439. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

197. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1343. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1344. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1345. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1346. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

773
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1347. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1348. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1440. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1441. Requisites or elements of an obligation:

774
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(cccccccccccccccccccccccccccc) Active subject (obligee or

creditor)
(dddddddddddddddddddddddddddd) Passive subject (obligor or
debtor)
(eeeeeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation (subject
matter of the obligation)
Juridical or legal tie (vinculum or efficient
(ffffffffffffffffffffffffffff)
cause)

1442. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1443. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1444. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1445. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

775
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1446. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuuuuuuuuuuuu) Quasi-
contracts (Art. 1160)
(vvvvvvvvvvvvvvvvvvvvvv) Crimes or
delicts (Art. 1161) (See Art. 2142)
(wwwwwwwwwwwwwwwwwwwwww)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

776
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1447. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

198. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1349. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1350. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1351. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1352. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

777
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1353. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1354. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1355. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

778
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1448. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1449. Requisites or elements of an obligation:

(gggggggggggggggggggggggggggg) Active subject (obligee or
creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor or
debtor)
(iiiiiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

1450. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1451. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1452. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

779
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1453. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1454. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxxxxxxxxxxxxxx) Quasi-contracts
(Art. 1160)
(yyyyyyyyyyyyyyyyyyyyyy) Crimes or
delicts (Art. 1161) (See Art. 2142)
(zzzzzzzzzzzzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

780
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1455. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

199. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1356. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1357. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1358. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is

781
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1359. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1360. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1361. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1362. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

782
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1456. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1457. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(llllllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmmmmm) Object or
prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie ( vinculum or
efficient cause)

1458. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1459. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

783
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1460. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1461. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1462. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaaaaaaaaaaaa) Quasi-contracts
(Art. 1160)
(bbbbbbbbbbbbbbbbbbbbbbb) Crimes
or delicts (Art. 1161) (See Art. 2142)
(ccccccccccccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

784
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1463. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

200. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1363. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

785
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1364. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1365. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1366. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1367. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1368. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1369. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol

786
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1464. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1465. Requisites or elements of an obligation:

(oooooooooooooooooooooooooooo) Active subject (obligee or
creditor)
(pppppppppppppppppppppppppppp) Passive subject (obligor or
debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation (subject
matter of the obligation)
(rrrrrrrrrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient
cause)

1466. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

787
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1467. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1468. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1469. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1470. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

788
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ddddddddddddddddddddddd) Quasi-
contracts (Art. 1160)
(eeeeeeeeeeeeeeeeeeeeeee) Crimes or
delicts (Art. 1161) (See Art. 2142)
(fffffffffffffffffffffff) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1471. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

201. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

789
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1370. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1371. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1372. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1373. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1374. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

790
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1375. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1376. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1472. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1473. Requisites or elements of an obligation:

(ssssssssssssssssssssssssssss) Active subject (obligee or
creditor)

791
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Passive subject (obligor or debtor)

(tttttttttttttttttttttttttttt)
(uuuuuuuuuuuuuuuuuuuuuuuuuuuu) Object or prestation (subject
matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or
efficient cause)

1474. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1475. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1476. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1477. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1478. Sources of obligations : (Art. 1157)

792
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggggggggggggggggggggg) Quasi-
contracts (Art. 1160)
(hhhhhhhhhhhhhhhhhhhhhhh) Crimes
or delicts (Art. 1161) (See Art. 2142)
(iiiiiiiiiiiiiiiiiiiiiii) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

793
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1479. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

202. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1377. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1378. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1379. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1380. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of

794
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1381. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1382. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1383. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1480. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

795
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

1481. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwwwwwwww) Active subject (obligee
or creditor)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or
debtor)
(yyyyyyyyyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject
matter of the obligation)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or
efficient cause)

1482. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1483. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1484. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1485. Kinds of obligations from the viewpoint of sanction :

796
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1486. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjjjjjjjjjjjjjjj) Quasi-contracts (Art.

1160)
(kkkkkkkkkkkkkkkkkkkkkkk) Crimes or
delicts (Art. 1161) (See Art. 2142)
(lllllllllllllllllllllll) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

797
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1487. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

203. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1384. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1385. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1386. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

798
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1387. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1388. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1389. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1390. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

799
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1488. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1489. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee or
creditor)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor
or debtor)
(ccccccccccccccccccccccccccccc) Object or prestation (subject
matter of the obligation)
(ddddddddddddddddddddddddddddd) Juridical or legal tie
(vinculum or efficient cause)

1490. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1491. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

800
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1492. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1493. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1494. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmmmmmmmmmmmmmmm)
Quasi-contracts (Art. 1160)
(nnnnnnnnnnnnnnnnnnnnnnn) Crimes
or delicts (Art. 1161) (See Art. 2142)
(ooooooooooooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

801
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1495. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

204. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1391. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1392. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

802
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1393. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1394. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1395. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1396. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1397. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

803
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1496. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1497. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeeeeeeeeee) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(fffffffffffffffffffffffffffff)
(ggggggggggggggggggggggggggggg) Object or prestation
(subject matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie
(vinculum or efficient cause)

1498. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

804
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1499. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1500. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1501. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1502. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ppppppppppppppppppppppp) Quasi-
contracts (Art. 1160)

805
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qqqqqqqqqqqqqqqqqqqqqqq) Crimes
or delicts (Art. 1161) (See Art. 2142)
(rrrrrrrrrrrrrrrrrrrrrrr) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1503. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

205. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

806
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1398. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1399. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1400. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1401. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1402. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1403. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

807
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1404. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1504. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1505. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

808
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(sssssssssssssssssssssss) Quasi-contracts
(Art. 1160)
Crimes or delicts (Art.
(ttttttttttttttttttttttt)
1161) (See Art. 2142)
(uuuuuuuuuuuuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1506. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

206. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

809
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1405. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1406. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1407. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1408. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1409. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

810
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1410. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1411. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1507. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1508. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Object or prestation (subject
matter of the obligation)
(lllllllllllllllllllllllllllll) Juridical or legal tie ( vinculum or efficient cause)

811
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1509. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1510. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1511. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1512. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1513. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

812
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvvvvvvvvvvvv) Quasi-contracts
(Art. 1160)
(wwwwwwwwwwwwwwwwwwwwwww)
Crimes or delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1514. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

813
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

207. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1412. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1413. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1414. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1415. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

814
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1416. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1417. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1418. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1515. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

815
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1516. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Active subject
(obligee or creditor)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor
or debtor)
(ooooooooooooooooooooooooooooo) Object or prestation
(subject matter of the obligation)
(ppppppppppppppppppppppppppppp) Juridical or legal tie
(vinculum or efficient cause)

1517. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1518. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1519. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1520. Kinds of obligations from the viewpoint of sanction :

816
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1521. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyyyyyyyyyyyyyy) Quasi-contracts
(Art. 1160)
(zzzzzzzzzzzzzzzzzzzzzzz) Crimes or
delicts (Art. 1161) (See Art. 2142)
(aaaaaaaaaaaaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

817
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1522. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

208. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1419. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1420. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1421. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

818
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1422. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1423. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1424. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1425. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

819
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1523. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1524. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee
or creditor)
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(sssssssssssssssssssssssssssss) Object or prestation (subject
matter of the obligation)
(ttttttttttttttttttttttttttttt) Juridical or legal tie (vinculum or efficient
cause)

1525. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1526. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1527. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

820
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1528. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1529. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbbbbbbbbbbbb) Quasi-
contracts (Art. 1160)
(cccccccccccccccccccccccc) Crimes
or delicts (Art. 1161) (See Art. 2142)
(dddddddddddddddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

821
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1530. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

209. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1426. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1427. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

822
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1428. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1429. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1430. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1431. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1432. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

823
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1531. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1532. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee
or creditor)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or
debtor)
(wwwwwwwwwwwwwwwwwwwwwwwwwwwww) Object or
prestation (subject matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or
efficient cause)

1533. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

824
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1534. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1535. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1536. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1537. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

825
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(eeeeeeeeeeeeeeeeeeeeeeee) Quasi-
contracts (Art. 1160)
(ffffffffffffffffffffffff) Crimes or delicts (Art.
1161) (See Art. 2142)
(gggggggggggggggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1538. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

210. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

826
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1433. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1434. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1435. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1436. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1437. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

827
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1438. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1439. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1539. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1540. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee or
creditor)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or
debtor)

828
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Object or prestation (subject

matter of the obligation)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie
(vinculum or efficient cause)

1541. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1542. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1543. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1544. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1545. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

829
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhhhhhhhhhhhh) Quasi-
contracts (Art. 1160)
(iiiiiiiiiiiiiiiiiiiiiiii) Crimes or delicts (Art.
1161) (See Art. 2142)
(jjjjjjjjjjjjjjjjjjjjjjjj) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1546. Requisites for quasi-delict.

830
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

211. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1440. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1441. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1442. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1443. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

831
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1444. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1445. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1446. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1547. “Obligation” defined. (Art. 1156)

832
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

1548. Requisites or elements of an obligation:

(cccccccccccccccccccccccccccccc) Active subject (obligee or
creditor)
(dddddddddddddddddddddddddddddd) Passive subject (obligor
or debtor)
(eeeeeeeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation (subject
matter of the obligation)
(ffffffffffffffffffffffffffffff) Juridical or legal tie (vinculum or efficient
cause)

1549. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1550. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1551. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

833
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1552. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1553. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkkkkkkkkkkkkkk) Quasi-
contracts (Art. 1160)
(llllllllllllllllllllllll) Crimes or delicts (Art.
1161) (See Art. 2142)
(mmmmmmmmmmmmmmmmmmmmmmmm)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

834
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1554. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

212. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1447. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1448. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1449. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

835
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1450. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1451. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1452. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1453. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

836
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1555. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1556. Requisites or elements of an obligation:

(gggggggggggggggggggggggggggggg) Active subject (obligee
or creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor
or debtor)
(iiiiiiiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of
the obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient
cause)

1557. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1558. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1559. Kinds of obligations from the viewpoint of subject matter :

837
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1560. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1561. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnnnnnnnnnnnn) Quasi-
contracts (Art. 1160)
(oooooooooooooooooooooooo) Crimes
or delicts (Art. 1161) (See Art. 2142)
(pppppppppppppppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

838
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1562. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

213. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1454. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1455. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

839
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1456. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1457. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1458. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1459. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1460. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

840
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1461. amages for the death of Pedro?

*** END ***

1462. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his
loan to Caitlyn. Is this agreement legally enforceable?
1463. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1464. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1465. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

841
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1466. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1563. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1564. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(llllllllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Object
or prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie
(vinculum or efficient cause)

842
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1565. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1566. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1567. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1568. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1569. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

843
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqqqqqqqqqqqqqqq) Quasi-
contracts (Art. 1160)
(rrrrrrrrrrrrrrrrrrrrrrrr) Crimes or
delicts (Art. 1161) (See Art. 2142)
(ssssssssssssssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1570. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

844
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

214. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1467. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1468. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1469. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1470. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

845
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1471. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1472. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1473. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1571. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1572. Requisites or elements of an obligation:

846
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(oooooooooooooooooooooooooooooo) Active subject (obligee

or creditor)
(pppppppppppppppppppppppppppppp) Passive subject (obligor
or debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation
(subject matter of the obligation)
Juridical or legal tie (vinculum or efficient
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr)
cause)

1573. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1574. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1575. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1576. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

847
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1577. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(tttttttttttttttttttttttt) Quasi-contracts (Art.

1160)
(uuuuuuuuuuuuuuuuuuuuuuuu) Crimes
or delicts (Art. 1161) (See Art. 2142)
(vvvvvvvvvvvvvvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

848
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1578. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

215. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1474. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1475. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1476. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1477. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

849
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1478. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1479. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1480. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

850
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1579. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1580. Requisites or elements of an obligation:

(ssssssssssssssssssssssssssssss) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(tttttttttttttttttttttttttttttt)
(uuuuuuuuuuuuuuuuuuuuuuuuuuuuuu) Object or prestation
(subject matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie ( vinculum or
efficient cause)

1581. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1582. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

851
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1583. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1584. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1585. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwwwwwwwwwwwwwww)
Quasi-contracts (Art. 1160)
(xxxxxxxxxxxxxxxxxxxxxxxx) Crimes
or delicts (Art. 1161) (See Art. 2142)
(yyyyyyyyyyyyyyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

852
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1586. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

216. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1481. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1482. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

853
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
1483. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1484. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1485. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1486. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1487. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died

854
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1587. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1588. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwwwwwwwwww) Active subject
(obligee or creditor)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor or
debtor)
(yyyyyyyyyyyyyyyyyyyyyyyyyyyyyy) Object or prestation (subject
matter of the obligation)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or
efficient cause)

1589. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

855
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1590. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1591. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1592. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1593. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzzzzzzzzzzzzzz) Quasi-contracts
(Art. 1160)

856
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaaaaaaaaaaaaaa) Crimes
or delicts (Art. 1161) (See Art. 2142)
(bbbbbbbbbbbbbbbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1594. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

217. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

857
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1488. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1489. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1490. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1491. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1492. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1493. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

858
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1494. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1595. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1596. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee or
creditor)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor
or debtor)
(ccccccccccccccccccccccccccccccc) Object or prestation (subject
matter of the obligation)

859
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ddddddddddddddddddddddddddddddd) Juridical or legal tie

(vinculum or efficient cause)

1597. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1598. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1599. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1600. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1601. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

860
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ccccccccccccccccccccccccc) Quasi-
contracts (Art. 1160)
(ddddddddddddddddddddddddd) Crimes
or delicts (Art. 1161) (See Art. 2142)
(eeeeeeeeeeeeeeeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1602. Requisites for quasi-delict.

861
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

218. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1495. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1496. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1497. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1498. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

862
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1499. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1500. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1501. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1603. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

863
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1604. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeeeeeeeeeeee) Active subject (obligee or
creditor)
Passive subject (obligor or debtor)
(fffffffffffffffffffffffffffffff)
(ggggggggggggggggggggggggggggggg) Object or prestation
(subject matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie
(vinculum or efficient cause)

1605. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1606. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1607. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1608. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

864
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

1609. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(fffffffffffffffffffffffff) Quasi-contracts (Art.

1160)
(ggggggggggggggggggggggggg) Crimes
or delicts (Art. 1161) (See Art. 2142)
(hhhhhhhhhhhhhhhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

865
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1610. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

219. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1502. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1503. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1504. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1505. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

866
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1506. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1507. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1508. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1611. Kinds of obligations from the viewpoint of sanction :

867
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1612. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiiiiiiiiiiiiiiiiiiiii) Quasi-contracts (Art.

1160)
Crimes or delicts (Art.
(jjjjjjjjjjjjjjjjjjjjjjjjj)
1161) (See Art. 2142)
(kkkkkkkkkkkkkkkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

868
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1613. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

220. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1509. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1510. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1511. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

869
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1512. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1513. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1514. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1515. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

870
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1614. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1615. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Object or prestation (subject
matter of the obligation)
(lllllllllllllllllllllllllllllll) Juridical or legal tie (vinculum or efficient
cause)

1616. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1617. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1618. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

871
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1619. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1620. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(lllllllllllllllllllllllll) Quasi-contracts (Art.

1160)
(mmmmmmmmmmmmmmmmmmmmmmmmm)
Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnnnnnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

872
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1621. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

221. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1516. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1517. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1518. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the

873
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1519. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1520. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1521. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1522. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

874
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1622. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1623. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Active
subject (obligee or creditor)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor
or debtor)
(ooooooooooooooooooooooooooooooo) Object or prestation
(subject matter of the obligation)
(ppppppppppppppppppppppppppppppp) Juridical or legal tie
(vinculum or efficient cause)

1624. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

875
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1625. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1626. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1627. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1628. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooooooooooooooooooooooooo) Quasi-
contracts (Art. 1160)

876
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ppppppppppppppppppppppppp) Crimes
or delicts (Art. 1161) (See Art. 2142)
(qqqqqqqqqqqqqqqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1629. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

222. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

877
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1523. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1524. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1525. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1526. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1527. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1528. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

878
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1529. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1630. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1631. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee
or creditor)
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(sssssssssssssssssssssssssssssss) Object or prestation (subject
matter of the obligation)
(ttttttttttttttttttttttttttttttt) Juridical or legal tie (vinculum or efficient
cause)

879
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1632. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1633. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1634. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1635. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1636. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

880
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrrrrrrrrrrrrrrrrr) Quasi-contracts
(Art. 1160)
(sssssssssssssssssssssssss) Crimes
or delicts (Art. 1161) (See Art. 2142)
(ttttttttttttttttttttttttt) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1637. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

881
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

223. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1530. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1531. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1532. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1533. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

882
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1534. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1535. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1536. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1638. “Obligation” defined. (Art. 1156)

883
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

1639. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee
or creditor)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor or
debtor)
(wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww) Object or
prestation (subject matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or
efficient cause)

1640. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1641. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1642. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

884
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1643. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1644. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuuuuuuuuuuuuuuu) Quasi-
contracts (Art. 1160)
(vvvvvvvvvvvvvvvvvvvvvvvvv) Crimes
or delicts (Art. 1161) (See Art. 2142)
(wwwwwwwwwwwwwwwwwwwwwwwww)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

885
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1645. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

224. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1537. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1538. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1539. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

886
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1540. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1541. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1542. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1543. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

887
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1646. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1647. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee or
creditor)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or
debtor)
(aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Object or prestation
(subject matter of the obligation)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie
(vinculum or efficient cause)

1648. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1649. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1650. Kinds of obligations from the viewpoint of subject matter :

888
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1651. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1652. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxxxxxxxxxxxxxxxxx) Quasi-
contracts (Art. 1160)
(yyyyyyyyyyyyyyyyyyyyyyyyy) Crimes
or delicts (Art. 1161) (See Art. 2142)
(zzzzzzzzzzzzzzzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

889
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1653. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

225. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1544. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1545. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

890
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1546. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1547. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1548. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1549. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1550. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

891
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1654. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1655. Requisites or elements of an obligation:

(cccccccccccccccccccccccccccccccc) Active subject (obligee
or creditor)
(dddddddddddddddddddddddddddddddd) Passive subject (obligor
or debtor)
(eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation
(subject matter of the obligation)
(ffffffffffffffffffffffffffffffff) Juridical or legal tie (vinculum or efficient
cause)

1656. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

892
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1657. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1658. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1659. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1660. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaaaaaaaaaaaaaaa) Quasi-
contracts (Art. 1160)

893
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbbbbbbbbbbbbbbbbbbbbb) Crimes
or delicts (Art. 1161) (See Art. 2142)
(cccccccccccccccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1661. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

226. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

894
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1551. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1552. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1553. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1554. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1555. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1556. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

895
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1557. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1662. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1663. Requisites or elements of an obligation:

(gggggggggggggggggggggggggggggggg) Active subject (obligee
or creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor
or debtor)
(iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of
the obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient
cause)

896
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1664. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1665. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1666. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1667. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1668. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

897
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dddddddddddddddddddddddddd) Quasi-
contracts (Art. 1160)
(eeeeeeeeeeeeeeeeeeeeeeeeee) Crimes
or delicts (Art. 1161) (See Art. 2142)
(ffffffffffffffffffffffffff) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1669. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

898
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

227. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1558. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1559. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1560. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1561. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

899
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1562. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1563. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1670. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1671. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee
or creditor)
Passive subject (obligor or debtor)
(llllllllllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Object
or prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie
(vinculum or efficient cause)

900
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1672. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1673. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1674. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1675. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1676. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

901
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gggggggggggggggggggggggggg) Quasi-
contracts (Art. 1160)
(hhhhhhhhhhhhhhhhhhhhhhhhhh) Crimes
or delicts (Art. 1161) (See Art. 2142)
(iiiiiiiiiiiiiiiiiiiiiiiiii) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1677. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

902
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

228. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1564. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1565. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1566. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1567. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

903
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1568. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1569. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1570. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1678. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1679. Requisites or elements of an obligation:

904
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(oooooooooooooooooooooooooooooooo) Active subject (obligee

or creditor)
(pppppppppppppppppppppppppppppppp) Passive subject (obligor
or debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation
(subject matter of the obligation)
Juridical or legal tie (vinculum or efficient
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr)
cause)

1680. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1681. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1682. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1683. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

905
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

1684. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjjjjjjjjjjjjjjjjjj) Quasi-contracts (Art.

1160)
(kkkkkkkkkkkkkkkkkkkkkkkkkk) Crimes
or delicts (Art. 1161) (See Art. 2142)
(llllllllllllllllllllllllll) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

906
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1685. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

229. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1571. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1572. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1573. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1574. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”

907
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don.

Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1575. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1576. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1577. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

908
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1686. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1687. Requisites or elements of an obligation:

(ssssssssssssssssssssssssssssssss) Active subject (obligee
or creditor)
Passive subject (obligor or debtor)
(tttttttttttttttttttttttttttttttt)
(uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu) Object or prestation
(subject matter of the obligation)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv) Juridical or legal tie
(vinculum or efficient cause)

1688. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1689. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1690. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

909
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1691. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1692. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmmmmmmmmmmmmmmmmmm)
Quasi-contracts (Art. 1160)
(nnnnnnnnnnnnnnnnnnnnnnnnnn) Crimes
or delicts (Art. 1161) (See Art. 2142)
(oooooooooooooooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

910
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1693. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

230. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1578. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1579. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

911
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1580. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1581. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1582. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1583. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1584. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

912
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1694. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1695. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww) Active subject
(obligee or creditor)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx) Passive subject (obligor
or debtor)
(yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy) Object or prestation
(subject matter of the obligation)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz) Juridical or legal tie ( vinculum or
efficient cause)

1696. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

913
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1697. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1698. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1699. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1700. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pppppppppppppppppppppppppp) Quasi-
contracts (Art. 1160)

914
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qqqqqqqqqqqqqqqqqqqqqqqqqq) Crimes
or delicts (Art. 1161) (See Art. 2142)
(rrrrrrrrrrrrrrrrrrrrrrrrrr) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1701. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

231. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

915
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1585. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1586. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1587. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1588. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1589. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1590. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

916
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1591. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1702. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1703. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Active subject (obligee
or creditor)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Passive subject (obligor
or debtor)

917
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ccccccccccccccccccccccccccccccccc) Object or prestation

(subject matter of the obligation)
(ddddddddddddddddddddddddddddddddd) Juridical or legal tie
(vinculum or efficient cause)

1704. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1705. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1706. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1707. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1708. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

918
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssssssssssssssssssssssssss) Quasi-
contracts (Art. 1160)
(tttttttttttttttttttttttttt) Crimes or delicts (Art.
1161) (See Art. 2142)
(uuuuuuuuuuuuuuuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1709. Requisites for quasi-delict.

919
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

232. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1592. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1593. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1594. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1595. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

920
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1596. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1597. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1598. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1710. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

921
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1711. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee) Active subject (obligee
or creditor)
Passive subject (obligor or debtor)
(fffffffffffffffffffffffffffffffff)
(ggggggggggggggggggggggggggggggggg) Object or prestation
(subject matter of the obligation)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Juridical or legal tie
(vinculum or efficient cause)

1712. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1713. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1714. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1715. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

922
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

1716. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvvvvvvvvvvvvvvv) Quasi-
contracts (Art. 1160)
(wwwwwwwwwwwwwwwwwwwwwwwwww)
Crimes or delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxxxxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

923
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1717. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

233. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1599. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1600. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1601. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1602. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip

924
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1603. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1604. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1605. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

925
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1718. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1719. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Object or prestation
(subject matter of the obligation)
(lllllllllllllllllllllllllllllllll) Juridical or legal tie (vinculum or efficient
cause)

1720. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1721. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1722. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

926
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1723. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1724. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyyyyyyyyyyyyyyyyy) Quasi-
contracts (Art. 1160)
(zzzzzzzzzzzzzzzzzzzzzzzzzz) Crimes
or delicts (Art. 1161) (See Art. 2142)
(aaaaaaaaaaaaaaaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

927
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1725. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

234. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1606. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1607. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

928
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1608. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1609. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1610. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1611. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1612. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

929
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1726. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1727. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Active
subject (obligee or creditor)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Passive subject (obligor
or debtor)
(ooooooooooooooooooooooooooooooooo) Object or prestation
(subject matter of the obligation)
(ppppppppppppppppppppppppppppppppp) Juridical or legal tie
(vinculum or efficient cause)

1728. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

930
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1729. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1730. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1731. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1732. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbbbbbbbbbbbbbbb)
Quasi-contracts (Art. 1160)

931
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ccccccccccccccccccccccccccc) Crimes
or delicts (Art. 1161) (See Art. 2142)
(ddddddddddddddddddddddddddd)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1733. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

235. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

932
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1613. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1614. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1615. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1616. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1617. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1618. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

933
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1619. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

1734. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1735. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

934
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(eeeeeeeeeeeeeeeeeeeeeeeeeee) Quasi-
contracts (Art. 1160)
(fffffffffffffffffffffffffff) Crimes or delicts (Art.
1161) (See Art. 2142)
(ggggggggggggggggggggggggggg)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1736. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

236. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

935
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1620. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1621. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1622. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1623. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1624. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

936
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1625. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1626. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1737. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1738. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Active subject (obligee
or creditor)
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr) Passive subject (obligor or
debtor)
(sssssssssssssssssssssssssssssssss) Object or prestation
(subject matter of the obligation)
(ttttttttttttttttttttttttttttttttt) Juridical or legal tie (vinculum or efficient
cause)

937
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1739. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1740. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1741. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1742. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1743. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

938
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhhhhhhhhhhhhhhh)
Quasi-contracts (Art. 1160)
(iiiiiiiiiiiiiiiiiiiiiiiiiii) Crimes or delicts (Art.
1161) (See Art. 2142)
(jjjjjjjjjjjjjjjjjjjjjjjjjjj) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1744. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

939
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

237. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1627. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1628. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1629. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1630. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the

940
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
1631. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1632. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1633. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1745. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

941
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1746. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu) Active subject (obligee
or creditor)
(vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv) Passive subject (obligor
or debtor)
(wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww) Object or
prestation (subject matter of the obligation)
(xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx) Juridical or legal tie
(vinculum or efficient cause)

1747. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1748. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1749. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1750. Kinds of obligations from the viewpoint of sanction :

942
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1751. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkkkkkkkkkkkkkkkkk) Quasi-
contracts (Art. 1160)
(lllllllllllllllllllllllllll) Crimes or delicts (Art.
1161) (See Art. 2142)
(mmmmmmmmmmmmmmmmmmmmmmmmmmm)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

943
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1752. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

238. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1634. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1635. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1636. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

944
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1637. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1638. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1639. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1640. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

945
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1753. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1754. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy) Active subject (obligee
or creditor)
(zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz) Passive subject (obligor or
debtor)
(aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa) Object or prestation
(subject matter of the obligation)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb) Juridical or legal tie
(vinculum or efficient cause)

1755. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1756. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1757. Kinds of obligations from the viewpoint of subject matter :

946
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1758. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1759. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnnnnnnnnnnnnnnn)
Quasi-contracts (Art. 1160)
(ooooooooooooooooooooooooooo)
Crimes or delicts (Art. 1161) (See Art. 2142)
(ppppppppppppppppppppppppppp)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

947
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1760. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

239. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1641. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1642. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

948
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1643. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1644. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1645. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1646. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1647. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

949
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1761. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1762. Requisites or elements of an obligation:

(cccccccccccccccccccccccccccccccccc) Active subject (obligee
or creditor)
(dddddddddddddddddddddddddddddddddd) Passive subject (obligor
or debtor)
(eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee) Object or prestation
(subject matter of the obligation)
Juridical or legal tie (vinculum or efficient
(ffffffffffffffffffffffffffffffffff)
cause)

1763. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

950
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1764. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1765. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1766. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1767. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

951
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qqqqqqqqqqqqqqqqqqqqqqqqqqq)
Quasi-contracts (Art. 1160)
(rrrrrrrrrrrrrrrrrrrrrrrrrrr) Crimes or
delicts (Art. 1161) (See Art. 2142)
(sssssssssssssssssssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1768. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

240. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

952
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
1648. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1649. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1650. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1651. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1652. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

953
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1653. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1654. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1769. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1770. Requisites or elements of an obligation:

(gggggggggggggggggggggggggggggggggg) Active subject (obligee
or creditor)
(hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh) Passive subject (obligor
or debtor)

954
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) Object or prestation (subject matter of

the obligation)
(jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient
cause)

1771. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1772. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1773. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1774. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1775. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

955
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttttttttttttttttttttttttttt) Quasi-contracts (Art.

1160)
(uuuuuuuuuuuuuuuuuuuuuuuuuuu)
Crimes or delicts (Art. 1161) (See Art. 2142)
(vvvvvvvvvvvvvvvvvvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1776. Requisites for quasi-delict.

956
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

241. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1655. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1656. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1657. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1658. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

957
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1659. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1660. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1661. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1777. “Obligation” defined. (Art. 1156)

958
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

1778. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk) Active subject (obligee
or creditor)
Passive subject (obligor or debtor)
(llllllllllllllllllllllllllllllllll)
(mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm) Object
or prestation (subject matter of the obligation)
(nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn) Juridical or legal tie
(vinculum or efficient cause)

1779. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1780. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1781. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1782. Kinds of obligations from the viewpoint of sanction :

959
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1783. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwwwwwwwwwwwwwwwwwww)
Quasi-contracts (Art. 1160)
(xxxxxxxxxxxxxxxxxxxxxxxxxxx) Crimes
or delicts (Art. 1161) (See Art. 2142)
(yyyyyyyyyyyyyyyyyyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

960
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1784. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

242. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1662. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1663. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
1664. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?

961
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1665. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1666. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1667. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1668. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

962
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1785. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

1786. Requisites or elements of an obligation:

(oooooooooooooooooooooooooooooooooo) Active subject (obligee
or creditor)
(pppppppppppppppppppppppppppppppppp) Passive subject (obligor
or debtor)
(qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq) Object or prestation
(subject matter of the obligation)
(rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr) Juridical or legal tie ( vinculum or
efficient cause)

1787. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

1788. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

1789. Kinds of obligations from the viewpoint of subject matter :

963
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

1790. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1791. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzzzzzzzzzzzzzzzzzz) Quasi-
contracts (Art. 1160)
(aaaaaaaaaaaaaaaaaaaaaaaaaaaa) Crimes
or delicts (Art. 1161) (See Art. 2142)
(bbbbbbbbbbbbbbbbbbbbbbbbbbbb)
Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

964
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

1792. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

243. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1669. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
1670. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

965
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1671. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
1672. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
1673. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
1674. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
1675. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

966
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1676. amages for the death of Pedro?

*** END ***

967