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ART. 1158. Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by the
precepts of the law which establishes them; and as to what has not been foreseen, by the
provisions of this Book.

Legal Obligations Example Jurisprudence

Article 1158 refers to legal
obligations or obligations
arising from law. They are
not presumed because they
are considered a burden
upon the obligor. They are
the exception, not the rule.
To be demandable, they
must be clearly set forth in
the law, i.e., the Civil Code
or special laws.
An employer has no
obligation to furnish free
legal assistance to his
employees because no law
requires this, and, therefore,
an employee may not
De la Cruz vs. Northern
recover from his employer
Theatrical Enterprises, 95
the amount he may have
Phil. 739 [1954]
paid a lawyer hired by him
to recover damages caused
to said employee by a
stranger or strangers while
in the performance of his
duties.
A private school has no
legal obligation to provide
clothing
allowance to its teachers
because there is no law
which imposes this
obligation upon schools.
But a person who wins
money in gambling
has the duty to return his
winnings to the loser. This
obligation is provided
by law. (Art. 2014.)

Note: Under Article 1158, special laws refer to all other laws not contained in the Civil
Code.

SPECIAL CASES JURISPRUDENCE CASE DIGEST

Liability of husband for Pelayo vs. Lauron, 12 Phil. Facts: X, by virtue of
medical assistance rendered 453 [1909] having been sent for by B
to his wife but contracted and C, attended as
by his parents. physician and rendered
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professional services to a
daughter-in-law of B and C
during a diffi cult and
laborious childbirth.
Issue: Who is bound to pay
the bill: B and C, the
parents-in-law of the
patient, or the husband of
the latter?
Held: The rendering of
medical assistance in case
of illness is comprised
among the mutual
obligations to which
spouses are bound by way
of mutual support.4 If
spouses are mutually bound
to support each other, there
can be no question that
when either of them by
reason of illness should be
in need of medical
assistance, the other is to
render the unavoidable
obligation to furnish the
services of a physician and
is liable for all expenses,
including the fees for
professional services. This
liability originates from the
above-mentioned mutual
obligation which the law
has expressly established
between the married couple.
B and C not having
personally bound
themselves to pay are not
liable.
2. Title to property Martinez vs. Martinez, 1 Facts: X, of legal age,
purchased by a person for Phil. 647 [1902] bought two vessels from B,
his own benefi t but paid by the purchase price thereof
another. being paid by C, X’s father.
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Subsequently, differences
arose between X and C. The
latter brought action to
recover the vessels, he
having paid the purchase
price.
Issue: Is there any
obligation on the part of X
to transfer the ownership
of the vessel to C?
Held: None. If any such
obligation was ever created
on the part of X, said
obligation must arise from
law. But obligations derived
from law are not presumed.
Only those expressly
determined in the Civil
Code or in special laws are
demandable. Whatever right
C may have against X
either for the recovery of
the money paid or for
damages, it is clear that
such payment gave him no
title, either legal or
equitable, to these vessels.

ART. 1159. Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith.

A contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. It is the formal
expression by the parties of their rights and obligations they have agreed upon with
respect to each other. (Legal Basis: Art. 1305.)

THINGS TO REMEMBER
1. Binding force
2. Requirements of a valid contract. — As a source of obligation, a contract must be valid
and enforceable.
3. Where contract requires approval by the government - Where a contract is required to
be verified and approved by the government before it can take effect, such contract
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becomes the law between the contracting parties only when approved, and where there is
nothing in it which is contrary to law, etc., its validity must be sustained.