OBLIGATION c.

Quasi-Contract – certain, lawful, voluntary and

unilateral act that no one may be unjustly
Art. 1156: An obligation is a juridical necessity 1 to give,
enriched at the expense of another.
to do, or not to do.
Nominate Quasi-Contracts
1. Negotiorum Gestio - voluntary
I. ELEMENTS
management of the ABANDONED property
a. Active Subject or Obligee or Creditor – has the
or affairs of another without the knowledge
power to demand
and consent of the latter.
b. Passive Subject or Obligor or Debtor – one
Liability of Officious Managers –
who’s obligation is demandable
generally solidary unless done in
c. Object or Prestation – to give, to do, or not to
imminent danger that makes the
do
liability joint.
o Requisites of an Object of Obligation
- Must be possible, physically or
2. Solutio Indebiti – something is
juridically
received when there is no right to
- Must be determinate or at least
demand it and was unduly delivered
determinable
thru mistake; liability of Payees –
- Must have possible equivalent in money
solidary
d. Quasi Delict or Culpa Aquiliana or Tort – act or
d. Efficient Cause or Vinculum Tie – juridical tie
omission causes damages to another due to
that binds the parties; source of obligation
fault or negligence; liability of two or more
liable – solidary
II. Difference between Civil and Natural
Requisites
Obligation
- No pre-existing relation between
As to: Civil Natural
offender and offended.
Binding Force Positive Law or Equity and
- Existence of Negligence
Substantive Law Natural Justice
- There is damage caused.
Enforceabilit Can be enforced by Depends upon
y court of action good - Direct causal connection between the
conscience of two.
the debtor2 e. Crime or Delict – act or omission punishable by
Examples Legal obligation to Unpaid civil law.
give support to the obligations that  Nature of Liability of two or more person -
children (Family have already solidary
Code) prescribed.
 Person Exempted from criminal liability but
still civilly liable
III. Sources of Civil Obligation - Imbecile or insane person
a. Law - Minor or under 18 y/o
oObligation derived from Law are NEVER - Acts under the compulsion of an
presumed. irresistible force
o Only obligations expressly determined - Acts under the impulse of an
in the Civil Code or in special laws are uncontrollable fear of an equal and
demandable. greater injury
o It shall be governed by the law by which  Person exempted from both criminal and
they are created. civil liability - SLCB
b. Contract - Acts of self-defence, defence of relative
o Govern by the force of law between or stranger
contracting parties - Acts in the performance of his legal
o Should be complied with good faith. duties
- Performance of contractual obligation
- Any person suffering from battered
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woman syndrome
Juridical necessity means the court can order the obligor to
 Components of Civil Liability arising from
perform the obligation.
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After voluntarily fulfilment of the debtor, creditor cannot Crime or Delicto
recovered what has been paid or fulfilled. - Restitution
 - Reparation of the damaged caused demand thing of done by 3rd
- Indemnification of consequential superior quality nor person at the
damages debtor deliver expense of the
inferior thing. debtor
DISTINCTION BETWEEN DELICT AND QUASI-DELICT To be liable for To recover
damages. damages in case
As to Quasi Delict Delict
of breach.
Nature of Private Right Public Right
To do To do it. To compel
Right Violated
To shoulder the cost performance.
Name of Case Private-Plaintiff People of the
of having someone To recover
vs. Respondent PH vs. Accused
to do it. damages.
Award of Civil Give rise to Some have no
To undo what has
Damages liability for civil liability
poorly done.
damages
To pay for damages
Possibility of Can be Never in case of breach.
Compromise compromised compromised
Not to Not to do what To ask to undo
except for
do should not be done. what should be
criminal
To shoulder the cost undone.
negligence
of undoing it. To recover
Criminal Not necessary Necessary Pay for damages. damages if it’s
Intent impossible to
Quantum of Preponderance of Proof beyond undo what has
Evidence Evidence reasonable been undone due
doubt to:
- Very nature
of the act
- Rights
IV. KINDS OF PRESTATION acquired by
a. To give – real obligation 3rd person in
b. To do – positive personal obligation good faith
c. No to do – negative personal obligation - Will not cease
even if it’s
Duties of the Debtor Rights of the undone
Creditor
To give Preserve or take care To compel specific
specific of the thing due.3 performance. V. BREACH OF OBLIGATIONS
thing To deliver the things To recover
itself, either actually damages in case of
or constructively. breach + specific 1. MORA / DEFAULT / DELAY
To deliver the fruits performance.
of one thing. 4
Entitlement to
To deliver the fruits from the
accession (BEC) and time the obligation
accessories (AI) to deliver it arises.
To pay for damages
in case of breach.
To give To deliver the thing To ask for
generic on the quality performance.
thing intended. To ask that the
Creditor cannot obligation be
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According to this hierarchy:
1. Diligence required by the law
2. Diligence Required by the Parties
3. Ordinary Diligence of Diligence of a good father of a family.

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Kinds of Fruits
1. Natural Fruits -
2. Industrial Fruits – human intervention
3. Civil Fruits