LAW ON OBLIGATIONS AND CONTRACTS

CONCEPT I WHO MAKES LAW?

LAW 1. Legislative – composed of the congress and lower
-is a rule of action, just and obligatory because it is promulgated by legislative bodies > congress is the national law making body
competent authority with of common observance and benefit of all. > lower legislative bodies is the lower councils (e.g.,
1. Rule of Action sanguniang brgy, sanguniang bayan, sangguniang
2. Just and Obligatory panglungsod, and sangguniang panglalawigan)
3. Promulgated by competent authority - It is makes, enacts, and amends the laws
4. Of common observance and benefit 2. Executive – executes and implements the law > otherwise
Art. 1156 of the civil code they will be blending of powers, it will be prone to monopoly.
- Obligation is defined as a juridical necessity to give, to do or not to do The president and the cabinet membes are the ones who
-Necessary; you need to perform your obligations otherwise you’ll be are executing or implementing the law.
sued in court. 3. Judicial/Judiciary – to interpret or apply the law > supreme-
The 3 subject matter in Obligations are: court and all other lower court > MTC, RTC, or the CA.
1. To Give something
2. To do something Principle/Doctrine of the Separation of Power – each branch has its
3. Not to do something own independent function. There’s no other branch that should
Art 1305 of the civil code encroach, they are made to be separated. Instead one branch is
- Contract is defined as a meeting minds between two persons allowed to check to check if the other branch is functioning.
whereby one binds himself with respect to the other to give something
or to render some service. Doctrine of the Stare Decisis – Do not disturb what has been settled.
> applicable to the cases decided by the SC.
Rep. Act 386
-The new Civil Code of the Philippine (NCC) – Governing Law Article 8, NCC
-Because in order to distinguish these new civil code to the old civil
code in patterned from Spain - Judicial decisions applying or interpreting the laws or the
-(OCC) That was the Spanish Civil Code that is effective before constitution shall form a part of the legal system of the
August 30, 1950 Philippines.
-Divided into 4 books - Decisions of the SC are not really loss, because they are not
legislation.
Law on Oblicon - However, it forms part of the legal system, if a certain case is
- is found on the fourth book particularly on artcles from 1156 - 2251) decided in one way and in some future time, and there is
Law on Oblicon proper another case that are the same, you can race the former
- Only found on articles 1156 to 1439 which is consisted by 275 articles decision as the law of the case. Otherwise it will result to a
flip-flopping decision, and there is no stability.
Effective: August 30, 1950
Book IV (Arts. 1156-2251) - Article 1156 up to 1430 = 275 article HOW ARE LAWS MADE?

Classification of Law Bill to Law once the proper procedure has been completed through:
1. Substantive (vs. Remedial)
- We classify the civil code as substantive law because it gives u or 1. Introduction/Proposal of the Bill
defines and creates our rights and obligations as opposed to the - HR only – “Art bills” authorizing increase of public debt, bills
remedial law which governs the procedure or manners of enforcing of local application, and private bills. (there are bills that can
your rights and obligations only come from the house of the representatives)
2. Private (vs. Public)
- It governs private transactions between persons. It does not concern 2 types of Houses
public transaction.
3. Civil (vs. Political) 1. House of the Senate
- It is civil because it deals with the relationship between persons, 2. House of the Representative
- Political Law deals with the relationship between two countries; or a - Art bills solely come from the HR
state and its people
4. Mandatory (vs. Directory) 2. Three Readings on Separated days
-Must be followed
-Obliged to abide by it 1st – only the number and title; refer to the proper committee
-directory law is really no public interest involve, for study
-only serve as a guideline in your proper onduct
2nd – sponsorship, interpellation, amendments; print in final
DURA LEX SED LEX = the law may be harsh, but it is still the law form
- It justifies the law being obligatory
3rd – voting
IGNORANTIA LEGIS NON EXCUSAT = ignorance of the law excuses
no one from compliance therewith (Art 3, NCC) 3. Sent to other chamber; same, three readings
-it’s not an excuse that u do not know the law 4. Once passed by Congress, enrolled bill is transmitted to
-yes it is fair because before a law takes effect it needs to be published the President
(it must be circulated in a newspaper of the general circulation) - Laws are not made by congress, it is only passed by them.

LAW EFFECTIVITY HOW A LAW BECOMES A LAW?

- Unless it is otherwise provided refers to the 15 days in the
official gazette (a) APPROVE – sign
- It needs to be published before law become effective. - DISAPPROVE – veto
(b) CONGESSIONAL OVERRIDE – 2/3 (75%)
(c) NOT ACTED UPON – inaction (30 days)
 LAW ON OBLIGATIONS AND CONTRACTS
CONCEPT II 3. MORAL – those that cannot be enforced by action but which is
WHAT DOES THE LAW DO? binding on the party who makes it in conscience and natural law;
1. Controls Social Relations voluntary fulfillment does not produce any legal effect which the court
2. Resolves Social Conflicts will recognize and protect; under our laws, this is now merged with
3. Orders Society natural obligations.
4. Protects Interests
5. Secures Justice = there is no juridical tie.

MORALS – the aggregated of all the rules of human conduct growing -based on moral law > on the conscience > on what is right and wrong
out of the collective sense of right and wrong in the community. for us.

- It is our conscience. - There’s no juridical tie, there is nothing to enforce in court.

“Not everything legal is moral, on the other hand it doesn’t mean that - Because it is voluntary fulfilment, does not have any legal effect
because it is immoral, it is illegal” – because the measure of legality which the court will protect and recognize. It does not authorized the
whether or not it is covered by a law. retention

CUSTOMS – that which is habitually done in the community (it s Article 1423
repeated).
- Obligations are civil or natural.
REQUISITES/ELEMENTS OF OBLIGATION:
EXAMPLE OF NATURAL OBLIGATION
1. ACTIVE SUBJECT – obligee/creditor; he is the possessor of a right.
It is in his favor that the obligation is constituted. He is the contracting Article 1424
party to whom the obligor owes an obligation. (+)
- When a right to sue upon a civil obligation has lapsed by
- He is the person who can demand extinctive prescription, the obligator who voluntarily performs
the contract cannot recover what he has delivered or the
2. PASSIVE SUBJECT – obligor/debtor; he has the duty of giving, value of the service he has rendered.
doing or not doing. He is the party who is obligated to deliver on a - Article 1144 > the ff. actions must be brought within 10 yrs.
promise or to undertake some act or performance. (-) from the time the action accrues:
1. Upon a written contract;
- He is the one who has the duty of giving, doing or not doing (he has 2. Upon an obligation created by law;
something to perform) 3. Upon a judgment.
- Article 1145 > the ff. actions must be commenced within six
3. OBJECT/PRESTATION – subject matter; either to give, to do or not yrs.
to do. (what the obligation is all about) 1. Upon oral contract
2. Upon a quasi-contract
4. EFFICIENT CAUSE/VINCULUM JURIS – legal tie; it is in this
- Article 1146 > the ff. actions must be instituted within four
consideration that the obligation exists.(it binds the parties)
yrs.
KINDS OF OBLIGATIONS 1. Upon an injury to the plaintiff
2. Upon a quasi-delicts
I. Sanction/Origin
II. Performance
1. CIVIL – based on positive law; gives a right of action to compel
1. POSITIVE – to give; to do
performance.
2. NEGATIVE – not to do
= there is juridical tie.

- The law is promulgated by competent authorities.

III. Subject Matter

- It gives the right of action to compel performance. You can get sued 1. REAL – to give > to give something
in court if you won’t follow it.
2. PERSONAL – to do; not to do > service
2. NATURAL – based on equity and natural law; after voluntary
IV. Persons Obligated to Perform
fulfillment by the obligor, it authorizes the retention of what has been
delivered or rendered by reason thereof. 1. UNILATERAL – only 1 party is obligated
= there is juridical tie, but not enforceable by court action. 2. BILATERAL – both parties are obligated to each other
-Based nearly on justice and equity, it is not promulgated by competent a. RECIPROCAL – the parties must perform their obligations
authorities. (what is fair and reasonable) simultaneously
-although there is a juridical tie, it is not enforced by law, you can’t get b. NON-RECIPROCAL – the parties need not perform their
sued in court. obligations at the same time
-It authorizes the retention.
 LAW ON OBLIGATIONS AND CONTRACTS
NATURAL LAW
Art. 1423. Obligations are civil or natural. Civil obligations give a right
of action to compel their performance. Natural obligations, not being
based on positive law but on equity and natural law, do not grant a
right of action to enforce their performance, but after voluntary
fulfillment by the obligor, they authorize there retention of what has
been delivered or rendered by reason thereof. Some natural
obligations are set forth in the following articles.
Art. 1424. When a right to sue upon a civil obligation has lapsed by
extinctive prescription, the obligor who voluntarily performs the contract
cannot recover what he has delivered or the value of the service he
has rendered
Art. 1425. When without the knowledge or against the will of the
debtor, a third person pays a debt which the obligor is not legally
bound to pay because the action thereon has prescribed, but the
debtor later voluntarily reimburses the third person, the obligor cannot
recover what he has paid.
Art. 1426. When a minor between eighteen and twenty-one years of
age who has entered into a contract without the consent of the parent
or guardian, after the annulment of the contract voluntarily returns the
whole thing or price received notwithstanding the fact that he has not
been benefited thereby, there is no right to demand the thing or price
thus returned.
Art. 1427. When a minor between eighteen and twenty-one years of
age, who has entered into a contract without the consent of the parent
or guardian, voluntarily pays a sum of money or delivers a fungible
thing in fulfillment of the obligation, there shall be no right to recover
the same from the obligee who has spent or consumed it in good faith.
Art. 1428. When, after an action to enforce a civil obligation has failed
the defendant voluntarily performs the obligation, he cannot demand
the return of what he has delivered or the payment of the value of the
service he has rendered.
Art. 1429. When a testate or intestate heir voluntarily pays a debt of
the decedent exceeding the value of the property which he received by
will or by the law of intestacy from the estate of the deceased, the
payment is valid and cannot be rescinded by the payer.
Art. 1430. When a will is declared void because it has not been
executed in accordance with the formalities required by law, but one of
the intestate heirs, after the settlement of the debts of the deceased,
pays a legacy in compliance with a clause in the defective will, the
payment is effective and irrevocable.
FIVE SOURCES OF OBLIGATIONS
- Article 1157. Obligation arise from:
- (1) Law; > if the obligations are derived from law, they are
not presumed (you cannot assume that it is a legal
obligation, be sure to point out the specific law, as its basis
or source) > If they are not presumed, they must be
expressly determined or stipulated by the law to be legal.
(Either in the NCC or in the special law; other laws. As long
as you can point out to a specific law and because it is
governed by law, it is strictly probated as established. Book
IV in the civil code which is the Law on Obligations and
Contracts)
A. Hierarchy of Laws –Constitution, Statutes, Ordinance
B. General Law (New Civil Code) vs. Special Law (Family
Code)
- (2) Contracts; > Art. 1159 > Obligations arising from
contracts have the force of law between the contracting
parties and should be complied with in good faith > (It
doesn’t mean na because your obligations comes from
contracts, it means that it is lesser or weaker from those
coming from law, because as long as one gave a consent to
that agreement between two people, it serves as a law.)
- (3) Quasi-contract; > Semi-contract > There’s no
agreement in quasi-contract > It’s the law who considers it
as if there is as agreement > Article 1160. Obligations
derived from quasi-contracts shall be subject to the
provisions of Chapter 1, Title XVII, of book IV. > Art 2142 >
(1) The characteristics > lawful, voluntary, and unilateral; and
(2) Underlying principle > no one should be unjustly enriched
or benefited at the expense of another.
CONTRACT QUASI-CONTRACT
Mutual Agreement Unilateral; There is no consent
Stipulations, terms, clauses and Law > Art 1160. It’s subject to
conditions, provided they are Chapter 1, Chapter XVIII, of
not contrary to L, M, GC, PO, book IV of the NCC, and civil
PP. code is a law, therefore, it’s
governed by law
CHAPTER 1 = QUASI-CONTRACT
Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the
juridical relation of quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense of another.
Art. 2143. The provisions for quasi-contracts in this Chapter do not
exclude other quasi-contracts which may come within the purview of
the preceding article.
SECTION 1
1. Negotiorum Gestio – Unauthorized or inofficiously
management
- It’s found in Art 2144 > Whoever voluntarily takes charge of
the agency or management of the business or property of
another, without any power from the latter, it is obliged to
continue the same until the termination of the affair and its
incidents, or to require the person concerned to substitute
him, if the owner is in a position to do so. > You are not
authorized by the owner, you voluntarily took charge to the
power. > As it is based from quasi-contract, you can be
benefited or be granted by the owner of the business,
especially if you (gasto) something. > As if the owner agreed
since he have been benefited, so he should reimburse the
money of the neighbor.
(1) When the property or business is not neglected or
abandoned;
(2) If in fact the manager has been tacitly authorized by
the owner.
In the first case, the provisions of articles 1317, 1403, No. 1, and 1404
regarding unauthorized contracts shall govern. In the second case, the
rules on agency in Title X of this Book shall be applicable.
Art. 2145. The officious manager shall perform his duties with all the
diligence of a good father of a family, and pay the damages which
through his fault or negligence may be suffered by the owner of the
property or business under management.
The courts may, however, increase or moderate the indemnity
according to the circumstances of each case.
Art. 2146. If the officious manager delegates to another person all or
some of his duties, he shall be liable for the acts of the delegate,
without prejudice to the direct obligation of the latter toward the owner
of the business.
The responsibility of two or more officious managers shall be solidary,
unless the management was assumed to save the thing or business
from imminent danger.
 LAW ON OBLIGATIONS AND CONTRACTS
Art. 2147. The officious manager shall be liable for any fortuitous
event:
(1) If he undertakes risky operations which the owner was not
accustomed to embark upon;
(2) If he has preferred his own interest to that of the owner;
(3) If he fails to return the property or business after demand by the
owner;
(4) If he assumed the management in bad faith.
Art. 2148. Except when the management was assumed to save
property or business from imminent danger, the officious manager
shall be liable for fortuitous events:
(1) If he is manifestly unfit to carry on the management;
(2) If by his intervention he prevented a more competent person from
taking up the management.
Art. 2149. The ratification of the management by the owner of the
business produces the effects of an express agency, even if the
business may not have been successful.
Art. 2150. Although the officious management may not have been
expressly ratified, the owner of the property or business who enjoys
the advantages of the same shall be liable for obligations incurred in
his interest, and shall reimburse the officious manager for the
necessary and useful expenses and for the damages which the latter
may have suffered in the performance of his duties.
The same obligation shall be incumbent upon him when the
management had for its purpose the prevention of an imminent and
manifest loss, although no benefit may have been derived.
Art. 2151. Even though the owner did not derive any benefit
and there has been no imminent and manifest danger to the
property or business, the owner is liable as under the first
paragraph of the preceding article, provided:
(1) The officious manager has acted in good faith, and
(2) The property or business is intact, ready to be returned to the own
Art. 2152. The officious manager is personally liable for contracts
which he has entered into with third persons, even though he acted in
the name of the owner, and there shall be no right of action between
the owner and third persons.
These provisions shall not apply:
(1) If the owner has expressly or tacitly ratified the management, or
(2) When the contract refers to things pertaining to the owner of the
business.
Art. 2153. The management is extinguished: (1)When the owner
repudiates it or puts an end thereto; (2)When the officious manager
withdraws from the management, subject to the provisions of
article 2144; (3) By the death, civil interdiction, insanity or insolvency
of the owner or the officious manage.
SECTION 2
2. Solutio Indebit – Undue Payment
It’s found in Art. 2154 > If something is received when there is no right
to demand it, and it was unduly delivered through mistake, the
obligation to return it arises. > You are obliged to return the excess. >
Since you have no right to demand the excess and it is a duly
discovered through mistake the duty to return arises.
Art. 2155. Payment by reason of a mistake in the construction
or application of a doubtful or difficult question of law may come
within the scope of the preceding article.
Art. 2156. If the payer was in doubt whether the debt was due, he may
recover if he proves that it was not due.
Art. 2157. The responsibility of two or more payees, when there has
been payment of what is not due, is solidary.
Art. 2158. When the property delivered or money paid belongs to a
third person, the payee shall comply with the provisions of article 1984.
Art. 2159. Whoever in bad faith accepts an undue payment, shall pay
legal interest if a sum of money is involved, or shall be liable for fruits
received or which should have been received if the thing produces
fruits.
He shall furthermore be answerable for any loss or impairment
of the thing from any cause, and for damages to the person who
delivered the thing, until it is recovered
Art. 2160. He who in good faith accepts an undue payment of a thing
certain and determinate shall only be responsible for the impairment or
loss of the same or its accessories and accessions insofar as he has
thereby been benefited. If he has alienated it, he shall return the price
or assign the action to collect the sum.
Art. 2161. As regards the reimbursement for improvements and
expenses incurred by him who unduly received the thing, the
provisions of Title V of Book II shall govern.
Art. 2162. He shall be exempt from the obligation to restore
who, believing in good faith that the payment was being made of a
legitimate and subsisting claim, destroyed the document, or allowed
the action to prescribe, or gave up the pledges, or cancelled the
guaranties for his right. He who paid unduly may proceed only
against the true debtor or the guarantors with regard to whom
the action is still effective.
Art. 2163. It is presumed that there was a mistake in the payment if
something which had never been due or had already been paid was
delivered; but he from whom the return is claimed may prove that the
delivery was made out of liberality or for any other just cause.
SECTION 3
OTHER QUASI-CONTRACTS
Art. 2164. When, without the knowledge of the person obliged to give
support, it is given by a stranger, the latter shall have a right to claim
the same from the former, unless it appears that he gave it out of piety
and without intention of being repaid.
Art. 2165. When funeral expenses are borne by a third person, without
the knowledge of those relatives who were obliged to give support
to the deceased, said relatives shall reimburse the third person,
should the latter claim reimbursement.
Art. 2166. When the person obliged to support an orphan, or an insane
or other indigent person unjustly refuses to give support to the latter,
any third person may furnish support to the needy individual, with right
of reimbursement from the person obliged to give support. The
provisions of this article apply when the father or mother of a child
under eighteen years of age unjustly refuses to support him.
Art. 2167. When through an accident or other cause a person is
injured or becomes seriously ill, and he is treated or helped while he is
not in a condition to give consent to a contract, he shall be liable to pay
for the services of the physician or other person aiding him, unless the
service has been rendered out of pure generosity. Art. 2168. When
during a fire, flood, storm, or other calamity, property is saved
from destruction by another person without the knowledge of the
owner, the latter is bound to pay the former just compensation
Art. 2169. When the government, upon the failure of any person
to comply with health or safety regulations concerning property,
undertakes to do the necessary work, even over his objection, he shall
be liable to pay the expenses.
Art. 2170. When by accident or other fortuitous event, movables
separately pertaining to two or more persons are commingled or
confused, the rules on co-ownership shall be applicable. Art. 2171. The
rights and obligations of the finder of lost personal property shall be
governed by articles 719 and 720.
 LAW ON OBLIGATIONS AND CONTRACTS
Art. 2172. The right of every possessor in good faith to
reimbursement for necessary and useful expenses is governed by
article 546.
Art. 2173. When a third person, without the knowledge of the debtor,
pays the debt, the rights of the former are governed by articles 1236
and 1237.
Art. 2174. When in a small community a nationality of the inhabitants
of age decide upon a measure for protection against lawlessness, fire,
flood, storm or other calamity, anyone who objects to the plan and
refuses to contribute to the expenses but is benefited by the project as
executed shall be liable to pay his share of said expenses.
Art. 2175. Any person who is constrained to pay the taxes of another
shall be entitled to reimbursement from the latter.
TWO PRINCIPAL KINDS:
1. Negotiorum Gestio – Unauthorized or inofficious management
A. Art. 2144. Whoever voluntarily takes charge of the agency
or management of the business or property of another, without any
power from the latter, is obliged to continue the same until the
termination of the affair and its incidents, or to require the person
concerned to substitute him if the owner is in a position to do so. This
juridical relation does not arise in either of these instances:
(1)When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the
owner. In the first case, the provisions of articles 1317, 1403,
No. 1, and 1404 regarding unauthorized contracts shall govern. In the
second case, the rules on agency in Title X of this Book shall be
applicable.
B. Obligations of officious manager: to continue until
termination of the affair and its incidents, and to perform all his
duties with the diligence of a good father of a family
2. Solutio Indebiti – Undue payment
A. Art. 2154.If something is received when there is no
right to demand it, and it was unduly delivered through mistake,
the obligation to return it arises.
B. Liabilities of acceptor in bad faith: if money, legal interest;
if thing, fruits; or for any damage, loss or impairment.
- (4) Acts or omissions punished by law; and | Delicts
Art. 1161. Civil obligations arising from criminal offenses shall be
governed by the penal laws, subject to the provisions of article 2177,
and of the pertinent provisions of Chapter 2, Preliminary Title, on
Human Relations, and of Title XVIII of this Book, regulating damage.
FELONY – is an act or omission punishable by law (RPC). Committed
by:
1. DECEIT/DOLO – when the act is performed with
deliberate intent.
2. FAULT/CULPA – when the wrongful act results from
imprudence, negligence, lack of foresight or lack of skill.
CRIME – violation of any other penal statute (SPL).
- In practice, the terms are used interchangeably.
RULES GOVERNING OBLIGATION
EX DELICTO / EX MALEFICIO:
1. RPC and SPL, subject to 2177: Quasi-delicts/Torts
2. Chapter 2, Preliminary Title of the Civil Code, on Human Relations
3. Title 18, Book IV of the Civil Code, on Damages
Legal Basis: Art.100, RPC → every person criminally liable shall also
be civilly liable.
=EXC: where there is criminal liability, but no civil liability:
1. Crimes not causing material injury –like contempt, gambling,
violation of traffic regulations, rebellion, treason
=EXC: where there is no criminal liability, but there is civil liability:
1. Persons exempt from criminal liability – RPC vs. RA 9344
(JJWA)
2. Acquittal due to failure of the prosecution to prove the guilt of
the accused beyond reasonable doubt-vs-because the
accused could not have committed the crime (complete
innocence)
- Justifying Circumstances –there is no crime; no liability. (e.g. Self-
Defense)
- Exempting Circumstances –there is a crime, but still, no liability.
(e.g. Minority)
RPC provisions
Article 11. Justifying circumstances.-The following do not incur any
criminal liability:
1. Anyone who acts in defense of his person or rights,
provided that the following circumstances concur; First. Unlawful
aggression. Second. Reasonable necessity of the means employed to
prevent or repel it. Third. Lack of sufficient provocation on the part of
the person defending himself.
2. Anyone who acts in defense of the person or rights of his
spouse, ascendants, descendants, or legitimate, natural or adopted
brothers or sisters, or his relatives by affinity in the same
degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next
preceding circumstance are present, and the further requisite, in
case the revocation was given by the person attacked, that the
one making defense had no part therein.
3. Anyone who acts in defense of the person or rights
of a stranger, provided that the first and second requisites
mentioned in the first circumstance of this Article are present
and that the person defending be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does
not act which causes damage to another, provided that the following
requisites are present; First. That the evil sought to be avoided actually
exists; Second. That the injury feared be greater than that done to
avoid it; Third. That there be no other practical and less harmful means
of preventing it.
5. Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a
superior for some lawful purpose.
Article 12. Circumstances which exempt from criminal liability. - the
following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval. When the imbecile or an insane person
has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted
to leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the provisions of Art. 80
of this Code. When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the provisions of this and
the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance
and education otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or intention of
causing it.
5. Any person who act under the compulsion of irresistible
force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful insuperable cause
Republic Act No. 9344 "Juvenile Justice and Welfare Act of 2006."
Approved: April 28, 2006
 LAW ON OBLIGATIONS AND CONTRACTS
SEC. 6. Minimum Age of Criminal Responsibility - A child
fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child
shall be subjected to an intervention program pursuant to Section 20 of
this Act.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act. The exemption
from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing
laws.
RPC JJWA (April 28, 2006)
Below 9 years old = exempted 15 yrs. and below = exempted
>9,<15 without discernment = >15, <18, without discernment =
exempted exempted
>9,<15 with discernment = >15,<18, with discernment =
liable liable
>15 yrs. old = liable 18 yrs. Old = liable
WHAT CONSTITUTE CIVIL LIABILITY?
According to RPC Provisions:
1. Article 105. Restitution; How made. - The restitution of the
thing itself must be made whenever possible, with allowance
for any deterioration, or diminution of value as determined by
the court.
 The thing itself shall be restored, even though it be found in
the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the
proper person, who may be liable to him.
 This provision is not applicable in cases in which the thing
has been acquired by the third person in the manner and
under the requirements which, by law, bar an action for its
recovery.
2. Article 106. Reparation; How made. - The court shall
determine the amount of damage, taking into consideration
the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall
be made accordingly.
3. Article 107. Indemnification; what is included. -
Indemnification for consequential damages shall include not
only those caused the injured party, but also those suffered
by his family or by a third person by reason of the crime.
According to NCC Provisions:
1. Article 2200. Indemnification for damages shall comprehend
not only the value of the loss suffered, but also that of the
profits which the obligee failed to obtain.
2. Article 2201.In contracts and quasi-contracts, the damages
for which the obligor who acted in good faith is liable shall be
those that are the natural and probable consequences of the
breach of the obligation, and which the parties have
foreseen or could have reasonably foreseen at the time the
obligation was constituted. In case of fraud, bad faith, malice
or wanton attitude, the obligor shall be responsible for all
damages which may be reasonably attributed to the non-
performance of the obligation.
3. Article 2202.In crimes and quasi-delicts, the defendant
shall be liable for all damages which are the natural and
probable consequences of the act or omission
complained of. It is not necessary that such damages
have been foreseen or could have reasonably been
foreseen by the defendant.
- (5) Quasi-delicts
- Art. 1162. Obligations derived from quasi-delicts shall be
governed by the provisions of Chapter 2, Title XVII of this
Book, and by special laws.
- Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of this
Chapter
ELEMENTS OF QUASI-DELICT
1. Fault or negligence of the defendant
2. Damage or injury suffered by the plaintiff
3. Direct relation / proximate causation
4. No pre-existing contractual relation
EXC: Airfrance v. Carrascoso → where the act that breaks the contract
may be a tort
OTHER ARTICLES OF QUASI-DELICT
Art. 2177. Responsibility for fault or negligence under the preceding
article is entirely separate and distinct from the civil liability arising from
negligence under the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the defendant.
Art. 2178. The provisions of articles 1172 to 1174 are also applicable
to a quasi-delict.
Art. 2179. When the plaintiff's own negligence was the immediate and
proximate cause of his injury, he cannot recover damages. But if his
negligence was only contributory, the immediate and proximate cause
of the injury being the defendant's lack of due care, the plaintiff may
recover damages, but the courts shall mitigate the damages to be
awarded.
ART. 2180 IS AN EXAMPLE OF VICTORIOUS LIABILITY
Art. 2180. The obligation imposed by article 2176 is demandable not
only for one's own acts or omissions, but also for those of persons for
whom one is responsible.
The father and, in case of his death or incapacity, the
mother, are responsible for the damages caused by the minor children
who live in their company. Guardians are liable for damages caused by
the minors or incapacitated persons who are under their authority and
live in their company.
The owners and managers of an establishment or enterprise
are likewise responsible for damages caused by their employees in the
service of the branches in which the latter are employed or on the
occasion of their functions.
Employers shall be liable for the damages caused by their
employees and household helpers acting within the scope of their
assigned tasks, even though the former are not engaged in any
business or industry.
The State is responsible in like manner when it acts through
a special agent; but not when the damage has been caused by the
official to whom the task done properly pertains, in which case what is
provided in article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and
trades shall be liable for damages caused by their pupils and students
or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when
the persons herein mentioned prove that they observed all the
diligence of a good father of a family to prevent damage.
Art. 2181. Whoever pays for the damage caused by his dependents or
employees may recover from the latter what he has paid or delivered in
satisfaction of the claim.
Art. 2182. If the minor or insane person causing damage has no
parents or guardian, the minor or insane person shall be answerable
with his own property in an action against him where a guardian ad
litem shall be appointed.
Art. 2183. The possessor of an animal or whoever may make use of
the same is responsible for the damage which it may cause, although it
may escape or be lost. This responsibility shall cease only in case the
damage should come from force majeure or from the fault of the
person who has suffered damage
Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with
his driver, if the former, who was in the vehicle, could have, by the use
of the due diligence, prevented the misfortune. It is disputably
presumed that a driver was negligent, if he had been found guilty or
reckless driving or violating traffic regulations at least twice within the
next preceding two months.
 LAW ON OBLIGATIONS AND CONTRACTS
If the owner was not in the motor vehicle, the provisions of 3. Culpa Criminal (D) – negligence resulting from the commission of a
article 2180 are applicable. crime.

Art. 2185. Unless there is proof to the contrary, it is presumed that a DEGREES OF NEGLIGENCE:
person driving a motor vehicle has been negligent if at the time of the 1. Culpa Lata – grave or reckless
mishap, he was violating any traffic regulation. 2. Culpa Levis – ordinary
3. Culpa Levissima – slight
Art. 2186. Every owner of a motor vehicle shall file with the proper
government office a bond executed by a government-controlled
corporation or office, to answer for damages to third persons. The QUASI-DELICT CRIME
amount of the bond and other terms shall be fixed by the competent Private interests Public interest
public official. Civil Code RPC & SPL
Preponderance of evidence Proof beyond reasonable doubt
Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet All acts in which any kind of Punished only if there are laws
articles and similar goods shall be liable for death or injuries caused by fault or negligence that clearly cover them;
any noxious or harmful substances used, although no contractual intervenes NULLUM CRIMEN, NULLA
relation exists between them and the consumers. POENA SINE LEGE –
there is no crime, unless there
Art. 2188. There is prima facie presumption of negligence on the part is a law penalizing it
of the defendant if the death or injury results from his possession of Criminal intent is not Intent is generally required;
dangerous weapons or substances, such as firearms and poison, necessary MENS REA – guilty mind;
except when the possession or use thereof is indispensable in his ACTUS NON FACIT REUM
occupation or business. NISI MENS SIT REA – the act
does not make a person guilty,
Art. 2189. Provinces, cities and municipalities shall be liable for unless the mind is also guilty.
damages for the death of, or injuries suffered by, any person by reason
of the defective condition of roads, streets, bridges, public buildings,
and other public works under their control or supervision.

Art. 2190. The proprietor of a building or structure is responsible for

the damages resulting from its total or partial collapse, if it should be
due to the lack of necessary repairs.

Art. 2191. Proprietors shall also be responsible for damages caused:

(1) By the explosion of machinery which has not been taken
care of with due diligence, and the inflammation of explosive
substances which have not been kept in a safe and adequate place;
(2) By excessive smoke, which may be harmful to persons or
property;
(3) By the falling of trees situated at or near highways or
lanes, if not caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of
infectious matter, constructed without precautions suitable to the place

Art. 2192. If damage referred to in the two preceding articles should be

the result of any defect in the construction mentioned in article 1723,
the third person suffering damages may proceed only against the
engineer or architect or contractor in accordance with said article,
within the period therein fixed.

Art. 2193. The head of a family that lives in a building or a part thereof,
is responsible for damages caused by things thrown or falling from the
same.

Art. 2194. The responsibility of two or more persons who are liable for
quasi-delict is solidary.

RULES GOVERNING OBLIGATION EX QUASI-DELICT:

1. Chapter 2, Title XVII of the Civil Code
2. Special laws
QUASI-DELICT → is that fault or negligence where a person causes
damage to another in the absence of a contractual relation between
the parties.

NEGLIGENCE → is the omission of that diligence which is required by

the nature of the obligation and corresponds with the circumstances of
the persons, of the time and of the place. (1173)

KINDS OF NEGLIGENCE:
1. Culpa Aquiliana (QD/Tort) – negligence committed independent of
contract and without criminal intent.
2. Culpa Contractual (QC) – negligence committed in the
performance of a contract.