Natural Obligations: Justice - Those Are After All The Abiding

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NATURAL OBLIGATIONS (b) knowing it has prescribed, I cannot

recover for this would be a case of a natural


 In all the specific cases of natural
obligation.
obligations recognized by the Civil Code,
[NOTE: Payment thru a coercive process of
there is a moral duty, but not a legal
the writ of execution issued at the instance
duty to perform or to pay, but the
and insistence of the prevailing party, is NOT
person thus performing or paying feels
considered voluntary and the provisions of
that in good conscience, he should
the law on natural obligations, cannot be
comply with his undertaking which is
applied thereto.
based on moral grounds.
 Why should the law permit him to
No Juridical Tie in Moral Obligations
change his mind, and recover what he
 While there is a juridical tie in natural
has delivered or paid? Is it not wiser and
obligations, there is none in moral
more just that the law should compel
obligations.
him to abide by his honor and
 Thus, giving a legal assistance to one’s
conscience? Equity, morality, natural
employee (who has been accused of a
justice — those are after all the abiding
crime) is merely a moral obligation, and
foundations of positive law. A broad
the employee cannot recover attorney’s
policy justifies as a legal principle that
fee from the employer.
would encourage persons to fulfill their
 Similarly, a Christmas bonus, not yet
obligations.
given to employees, is not generally a
demandable and enforceable obligation;
ARTICLE 1423 nor may it be considered a natural
‘Voluntary Fulfillment’ obligation for there has been no
 “Voluntary fulfillment” means that the voluntary performance as yet. The
debtor complied with the same even if Courts cannot order therefore the grant
he knew that he could not have been of the bonus unless:
legally forced to do so. Thus, payment (a) it had been made a part of the wage
through a coercive process of the writ of or salary;
execution issued at the instance and (b) or may be granted on equitable
insistence of the prevailing party, is NOT considerations, as when it used to be
considered voluntary, and the provisions given in the past, although withheld in
of the law on natural obligations cannot succeeding years.
be applied thereto.
 In case of partial voluntary fulfillment, Example of Other Natural Obligations
the balance cannot be recovered, since Art. 1423 says: “Some natural obligations are
on said balance, there has not yet been set forth in the following articles.” Hence,
created a legal obligation. there may be other natural obligations.
Examples:
Undue Payment Distinguished from Natural (a) obligation to pay interest for use of
Obligation If I pay a debt that has prescribed money, even if not agreed upon in writing.
— (See Arts. 1956, 1960, Civil Code).
(a) not knowing it has prescribed, I can (b) duty to support natural or spurious
recover on the ground of undue payment. children (even if not recognized voluntarily or
by judicial compulsion and even if there is a Payment With Debtor’s Consent
judgment denying recognition). If payment is made with the consent of the
(c) giving of material and financial assistance debtor, a civil obligation arises.
to children upon their marriage.

Conversion of Moral Obligations to Civil


ARTICLE 1426
Contracts by Minors Between 18 and 21 —
Obligations
When There Has Been Annulment
Moral obligations may be converted into civil
(a) This applies to minors between 18 and 21
obligations.
when the contract was without parental
Example: Acknowledgment of a prescribed
consent. (Here the minor is considered
debt.
mature enough.)
(b) Here after annulment, there was a
ARTICLE 1424 VOLUNTARY return.
Effect of Extinctive Prescription
By virtue of extinctive prescription, a right or Example
property has been lost. Hence, the existence A, a minor, entered into a contract with a sui
of the Article. juris, without the consent of his (A’s) parents.
In said contract, A received a car. This car
Example of the Article’s Application was afterwards destroyed by a fortuitous
A’s debt to C has been extinguished by event. Later when the contract was annulled,
prescription. Yet A, knowing of the A returned voluntarily the value of the car
prescription, voluntarily paid the prescribed although he had not profited or benefited a
debt. A cannot now recover what he has paid single centavo from the car. Has he now the
C. Prescribed debt may indeed give rise to right to demand that the price be returned?
new obligation. No more.

ARTICLE 1425 Majority Age


The age of majority today is 18.
Payment by a Third Person
Here the third person pays:
(a) without the knowledge (of the debtor); ARTICLE 1427
(b) or against the will (of the debtor). Contracts by Minors — No Annulment Yet
(a) Generally, annulment requires mutual
Example restitution. Here the obligee who has spent
A owes B P700,000. But the debt soon or consumed the object in good faith is not
prescribes. Later C, against the consent of A, required to restore.
pays B the P700,000. A here does not have to (b) Good faith of the obligee must be present
reimburse C because he (A) has not at all at the time of spending or consuming.
been benefited by the transaction. However, (c) Note that the majority age today is 18.
A later voluntarily reimburses C. May A now And “fungible” here really means
recover what he has given to C? “consumable.’’
ANS.: No more. This is the express provision
of the law.
Query now back out.
Suppose the object is non-consumable, does
the Article apply? ARTICLE 1430
ANS.: Yes, if there has been loss by fortuitous
Payment of Legacies Despite the Fact That
event or alienation in good faith (this is
the Will Is Void
equivalent to spending or consuming it), if
If the will is void, the legacy would also be
the proceeds thereof have already been
void and the deceased is considered to have
spent in good faith.
died without a will. This is the reason for the
existence of the Article.
ARTICLE 1428
Winner in an Action to Enforce a Civil Example
Obligation In a will defective for lack of the needed legal
Here the defendant may have realized that formalities, X, a friend, was given a legacy.
he should have lost the case, instead of The legacy is void, and the whole estate
winning it, thus the existence of the Article. should go to the intestate heirs. If however,
the intestate heirs give X the legacy, they
Example cannot get it back now, provided that the
A owes B P500,000. B brings a suit against A, debts of the deceased have been settled.
but B loses the case for insufficient evidence.
No appeal is made from the decision, and the Analogous Cases
judgment becomes final. Later, A paid B By analogy, all alienations defective for lack
voluntarily the debt. May A now recover of the proper formalities may be included
from B what he (A) has paid? No. under Art. 1430.

ARTICLE 1429
Rule in Case of Payment of Debts Beyond
Value of the Decedent’s Estate
Heirs inherit obligations only to the extent of
the value of the inheritance. This is the
reason for the Article, coupled with the basis
for the natural obligation.

Example
A dies, leaving an estate of P10,000,000 and
debts amounting to P15,000,000. His heir
here is not expected to make up for the
difference, BUT if he does so voluntarily, then
he cannot recover said difference. After all,
one does have a moral duty to see to it that
the dead relative’s or friend’s obligations in
life are all carried out. Here, the heir is not
really required by law to shoulder the deficit,
but since he does so voluntarily, he cannot

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