Obligation:

- Act or course of action to which a person is morally or legally bound ; a duty or commitment
- Non compliance will result to sanctions and possible consequences

Non legal obligation = Non legal sanction

Obligation in the New Civil Law Code ( Legal)

- Civil Obligations give a right of action to compel their performance

- Natural Obligations, not being based on a positive law but on equity and natural law, do not
grant a right of action to enforce their performance, but after voluntary fulfilment by the
obligator, they authorize the retention of what has been delivered or rendered by reason
thereof.

Natural obligation = still a legal obligation, equity and natural law,

Civil Obligation = right to compel performance – ex. You owe someone money, can you be compelled to
pay, yes.

Ex:

Nag pahiram ng money in 2010, nag demanda ng 2021, hindi na sya pwede I demand kasi lampas na sa
10 years – which is an extinctive prescription, so mgiging natural obligation nalang sya kasi hindi ka na
pwede mag demand using court but natural obligation kasi yung nanghiram sayo, pwede sya mag decide
na mag balik ng money sayo.

This also depends on the person’s natural obligation to pay you back.

You have to make a demand before the end of prescription bc if hindi mo gawin yun – magkakaroon sya
ng reason not to pay you anymore.

Civil Obligations defined:

- An obligation is a judicial necessity to give, to do or not to do.

- Juridical necessity means the demandability of the rights and obligations arising from
obligations. Recourse to the courts may be made to enforce the obligation.
- Deliver the thing due + damages
- Or if delivery is not possible anymore, damages
- Court cannot compel obligation to do, so remedy is payment of damages

Damages = given so that they don’t do it again, it is a penalty for not paying on time. ( depends on the
thing )
Who decides on the damages = the party arguments w the court, if the court say yes, it will be legally
added to the payment na dapat gawin nila.

Civil Obligation Kinds

1. Real Obligation – to give/ to deliver

2. Personal – To do/ not to do

Remedy:

If there is non-compliance go to court

Judge will order

- Deliver the thing due

- Or if delivery is not possible anymore, damages
- Court cannot compel obligation to do so, so remedy is payment of damages

Essential Requisites of an Obligator

1. Active Subject – right to demand; creditor/oblige

2. Passive subject – duty to perform; debtor/obligor
3. Object or Prestation – to give the car, to do the repair; not to put up a fence.
- To give, to do or not to do
4. Juridical Tie – the tie that binds the parties to the obligation; the reason why the obligation
exists.
- Cause established by the sources of obligation

Sources of Obligation

A. Law
- Obligation arising from law is not presumed
- You need to prove the existence of the law imposing the obligation
B. Contracts
- Meeting of minds; bilateral agreement
- Contracts have the force of law
- Terms must not be contrary to law, morals, public order, public policy or good customs.
C. Quasi-Contract
- Certain lawful, voluntary and unilateral acts which gives rise to a juridical relation to the end
that no person may be unjustly enrich himself at the expense of another
 - Negotiorum Gestio – Tulungan nyo ko, bibigyan ko kayo ng 1000 pesos each. ( to stop the fire
from spreading to your neighbours house ) – the neighbour should reimburse the money spent
to save the house since the neighbour paid to save the house
- Solutio Indebiti – You bought something, and sobra ang naibigay sayo – you are supposed to
return it, or someone else has to pay for it – as an expense.
- It can still be enforced by the court to pay or to do the necessary things.
D. Delicts
- Acts or omission punishable by law
- General law: A person criminally liable is also civilly liable ( if there is a private offended party )
- Restitution, Reparation ; Indemnification
- Ex: Criminal Negligence
E. Quasi- Delicts
- You caused an injury w/o really wanting to cause it - negligence
- It is the fault or negligence of a person, who, by his act or omission, connected or unconnected
with, but independent from, any contractual relation, causes damage to another person.

The penal code does not draw a well defined demarcation line between negligence acts that are
delictual and those which are quasi-delictual. It is possible that a negligent act may be delictual and
quasi-delictual at the same time.

DAY 3: OBJECT OR PRESTATION: To Give, To do or Not to do

- Prestation in an obligation is either to give, to do or not to do

- It is “ TO GIVE A CAR” = specific

TO GIVE

- When you are going to give something that “something” is either Determinate or Indeterminate
- Determinate = Specific – Iisang bagay
- Indeterminate = Generic – Generic things ang ibibigay

Specific example = car, with plate number, with brand and with color

Generic example = I will give you a car, color -______, brand ___________

There are certain factors that apply to the delivery of a specific thing
To give a specific thing

- You need to take care of the specific things pending delivery

- Diligence of a good father of a family – ordinary diligence, the diligence of a normal prudent
person. How a normal person takes care of her own thing.; this is a standard.
- You need to take care of this thing kasi if you don’t and you wont be able to deliver the specific
thing, pwede kang makasuhan even with your negligence.
- The debtor will be liable pag di sya nakapag deliver

If the obligation to deliver is a generic thing – kahit di mo alagaan its okay kasi you can replace it

To give specific thing

- You must also deliver the fruits of the specific thing

- The fruits can either be: natural, industrial or civil
- Pending delivery of the thing/fruits, you only have a personal right over them; once it is
delivered to you, you acquire a real right.

Ex

I am going to give you a horse

- Kahit pregnant yung horse, hindi mo kailangan ibigay yung anak kasi sabi mo horse lang

I am going to give you Pegasus

So kahit pregnant si Pegasus, nung sinabi mo na ibibigay mo si Pegasus, kailangan ibigay mo rin yung
anak nya. If walang agreement na kasama yung anak, syempre hindi, pero kung ang sinabi lang eh yung
kay Pegasus, and pregnant sya at a time, kailangan mo ibigay.

Personal Right and Real Right

-Habang pending pa ang thing/fruits, you can only demand it since it’s a personal right. Once you aquire
them, you have a real right na, enforceable yung right na yun, and you have ownership, no one can take
it from you.

- Real Right is superior

Damages is represented pag example, na upgrade – nauna ka nag order pero yung sumunod sayo nauna,
so nung nag reklamo ka, para maging okay lahat, nag bigay sila ng damages to pay.
To give specific thing

- You must also deliver the accessories and accessions

- Accessions – Produced, incorporated, attached
- Accessories – Joined to another as an ornament or to make it complete
- However only the debtor can deliver the specific thing

To give generic thing

- The debtor must deliver the thing agreed upon

- If the debtor cannot or will not deliver despite the demand, the creditor may ask for another to
do the delivery at the expense of the debtor + damages

To Do

Debtor is liable if

- He failed to do it
- He did it, but it was poorly done
- He did it, but in contravention of the tenor of the obligation

Creditor can:

1. Demand performance + Damages

2. Demand payment of damages
3. If possible, ask another to do the obligation. The cost will be charged to the debtor + damages
4. Ask what has been poorly done by undone with damages.

Not to do

- Don’t do it
Day 4: Irregular Performance

Irregularity

Cause of Irregular Performance:

1. Fraud ( dolo )
2. Negligence ( culpa )
3. Delay ( mora )
4. Contravention of the tenor of obligation

Fraud

- Conscious and intentional; deliberate and with bad faith;

- Future fraud cannot be forgiven; contrary to public policy. Past fraud can be forgiven.
- Incidental Fraud – fraud is committed in the performance of the obligation ( will make the
debtor liable for damages )
- Causal Fraud – Fraud is committed to get the consent in the contract ( will make the contract
voidable )

Past Fraud will be forgiven but future fraud won’t be forgiven – it will show na okay lang na mag fraud ka
kasi papatawarin ka rin naman

Jewelry store to buy a ring – I want a 24 carat ring. Store obligation is to give you a 24 carat ring. In the
process the store made 18 carats instead of 24 carats kaya ayun nung nalaman mo nagalit ka – ayun ay
incidental fraud

Causal fraud - Sa simula palang may panloloko na; they are doing it in purpose

Ex 2

If you have a jowa and okay naman kayo nung simula tapos nang babae sya – incidental

If may asawa na or someone in the beginning – causal

Negligence

- Lack of reasonable care and caution which an ordinary prudent person would have use in the
same situation
- Case to case basis; court will look into:
1. Nature of Obligation
2. Circumstances of the person
3. Circumstances of the place
4. Circumstances of the time

Example:
Jewelry store to buy a ring – I want a 24 carat ring. Store obligation is to give you a 24 carat ring. In the
process the store made 24 carats for you, pero mali ang naibigay sayo dahil nagkapalit kayo ng isa pang
same order na same last name. Liable yung seller for negligence kasi hindi nya inayos ang pag store and
hindi nya inayos ang pag bigay at tabi for you, kaya mali ang naibigay mo.

Example: Nature of the obligation

May truck driver na nagdridrive and nag smosmoke, hindi sya liable kung ang dala nya naman ay non
flammable, pero kung flammable, obviously if something happens, sya ay liable dahil nag smoke sya

Example: Circumstances of the Person

Security Guard; 60 yrs old; about to retire, he served his post 7 am til 7 pm; hindi dumating yung kapalit;
he was forced to serve 24 hours; he fell asleep at 2 am; nanakawan yung shop; hindi nya exactly
kasalanan kasi napagod talaga sya; sinabi ng owner na tanggalin sa pwesto – pero dapat hindi kasi may
circumstances sya na nag cause nun sa kanya.

- When negligence shows bad faith, the rule on the fraud shall govern
- Negligence = debtor is liable only for the natural and probable consequence of the breach of the
obligation and which the parties have foreseen or could reasonably foreseen at the time the
obligation was constituted
- Fraud = debtor shall be responsible for all damages which may be reasonably attributed to the
non-performance of the obligation.

Ex:

Flight from MNL to LAX

Flight from LAX to ORLANDO

Cruise

Ex: PAL is liable if she doesn’t make it into the LAX flight

Types of Negligence

1. Cupla Contractual – there is a contract and the negligence is committed in the performance of
the contract - there is a contract, and in the performance, may na commit na injury – so yung
taxi company is negligent and liable sayo
2. Culpa Aquiliana – there is negligence and it cause injury. Here negligence ( quasi-delict ) is the
source of the obligation - yung taxi driver may nabangga, so yung driver is incompetent and
liable sa taxi company kasi may nabangga sya
3. Culpa Criminal – the negligent act is criminal. Here delict is the source of the obligation.
 - Yung driver is naka cause ng injury sa sakay nya, yung sakay nya can ask for charges against the
driver.

Delay

- Delay in the Fulfillment of the obligation; non-fulfillment with respect to the time.
- General Rule: No demand; No delay
- Can be judicial or extra – judicial demand
- Mere reminder is not a demand; it must be firm and clear that you are demanding

No demand is needed when:

1. When the law expressly so declares – Gov office and yung mga specific dates of tax payment etc
2. When the obligation expressly so declares – when u made pirma sa school in terms of payments
3. When time is of the essence of the contract – not sure
4. When demand would be useless – when u demand ex sa isang contractor na kailangan gawa na
yung building/ pero half way palang sila on the time of the supposed demand
5. In reciprocal obligation – yung pareho kayong delayed, pero if one is okay na and ready, sorry
pero u have todo your obligation rin

Kinds of Delay

1. Mora Solvendi – Debtor

2. Mora Accipiendi – Creditor
3. Compesatio Morae – Both/ Reciprocal

Contravention of the tenor of the obligation

- Any illicit act which impairs the strict and faithful fulfilment of the obligation
- Every kind of defective performance
- Ex: The contractor doesn’t follow the specific steps or ways na gusto ni owner sa house, the
contractor is doing the contravention of the tenor of the obligation