ARTICLE 1156.

An obligation is a juridical necessity to give, to do Elements of Legal Wrong or injury

or not to do. (n)  Plaintiff/creditor/oblige
 Under the Article 1156, is the duties of the obligor/debtor.  Defendant/debtor/obligor
 Passive aspect – the duty of the debtor/obligor when its speak  Act of omission/ cause of action/ violation of the said rights.
of obligation as juridical necessity. The rights of creditor/oblige.
 Juridical necessity – the courts may compel the person who’s Kinds of obligation according to the subject matter.
obligation to deliver. To help the aggrieve party.  Real obligation – to give, obligation of obligor to deliver to the
 Civil Obligations – based on positive law, it give the creditor a oblige
right to enforce their performances in courts of justice  Personal obligation – to do or not to do, act to be done or not to
 Natural Obligations – are based on equity and natural law, you be done
cannot enforce the obligor to comply or demand although the o Positive personal obligation – obligation to do, to render
debtor can voluntary perform the obligation service
o Negative personal obligation – obligation not to do
Essential Requisites
 Passive Subject – debtor or obligor, bound to the fulfillment of
the obligation
 Active Subject – creditor or oblige, entitled to demand the
fulfillment of the obligation
 Object / Presentation – subject matter of obligation, conduct
that the debtor needs to observe, to give, to do or not to do.
 Juridical / Legal tie – efficient cause, connects the parties of the
obligation (vinculum juris), the legal relation between the debtor
and the creditor.
Form of obligations
 Oral
 Writing
 Partly oral
 Partly writing

Obligation, Right and Wrong distinguished

 Obligation – act that the law will enforce to the obligor
 Right – power to demand from another any presentation.
 Wrong – cause of action, act or omission of the other party in
violation of legal rights.

Cause of action – yung idinudulog mo sa court para mag file ng

action.
ARTICLE 1157. Obligations arise from: ARTICLE 1158. Obligations derived from law are not presumed.
(1) Law; Only those expressly determined in this Code or in special
(2) Contracts; laws are demandable, and shall be regulated by the
(3) Quasi-contracts; precepts of the law, which establishes them; and as to what
(4) Acts or omissions punished by law; and has not been foreseen, by the provisions of this Book.
(5) Quasi-delicts. (1089a) (1090)
“Ignorance to the law excuses no one”
Sources of Obligations: “ignorantia juris non excusat”
 Law – imposed by law itself.  Talks about the obligations imposed by law (Legal
 Contracts – arises from the stipulation of the parties Obligations)
 Quasi-contracts – arises from lawful, voluntary and unilateral  Law must expressly provided.
acts. No one must be unjustly enriched at the expense of other.
Example: Sulutio Indebiti refers to payment by mistake.
Negotiorium Gestio refers to unauthorized management
 Acts or omissions punished by law: Delicts – civil
liability that is consequences of criminal offenses. Every
person criminally liable is civilly liable.
 Quasi-delicts: TORTS – damaged caused to another
through an act or omission, there being fault or negligence
but no pre-existing contract between parties.

Practically speaking there is only two sources of obligation, which is

the law and contracts, because obligations arising from quasi-
contracts, delicts and quasi-delicts are really imposed by law
ARTICLE 1159. Obligations arising from contracts have the force
of law between the contracting parties and should be
complied with in good faith. (1091a)
 Contracts should not run contrary to what the law provides.
 Freedom of contract has constitutional and statutory
limitations
 Contracts has the force and effect of law between the
parties, it is not valid if the contract is contrary to law,
morale, custom, public order and public policy.
Essential requisite of Contracts (Article 1318)
 Consent
 Object
 Consideration
Provided that it is not contrary to law, morals, good custom,
public order and public policy.
Contractual Obligations
 Binding force – have the force of law between the
contracting parties
 Requirement of a valid contract - presence of Article
1318, not contrary to law, morals, good custom, public
order and public policy (Article 1306)
 Breach of Contract – when party fail or refuse to comply
without legal reasons or justification.
Compliance with in Good Faith
 Accordance with the stipulations of the contracts.
ARTICLE 1160. Obligations derived from quasi-contracts shall be
subject to the provisions of Chapter 1, Title XVII, of this
Book. (n)
 Quasi-contract – arises from lawful, voluntary and unilateral
acts. No one must be unjustly enriched at the expense of other.
 Not properly a contract at all
 Should have the presence of Consent (Article 1318)
 Law considers the party as having entered into a contract
to prevent unjustly enrichment at the expense of another
Kinds of Quasi Contracts
 Negotiorum Gestio refers to unauthorized management.
- Voluntary management of property or affairs of
another without the consent of the latter (Article
2144)
 Solutio Indebiti refers to payment by mistake.
- Juridical relation which created when something
is received when there is no right to demand it
and was unduly delivered by mistake (Article
2154).
Requites are:
- No right to receive the delivered
- Delivered by mistake
 Other examples of Quasi Contracts
- Are of infinite variety
- When recovery cannot be on a true contract,
recovery may be allowed on the basis of quasi
contract.
- There is an implied created between the parties
otherwise there is unjustly enrichment.
ARTICLE 1161. Civil obligations arising from criminal offenses ARTICLE 1162. Obligations derived from quasi-delicts shall be
shall be governed by the penal laws, subject to the governed by the provisions of Chapter 2, Title XVII of this
provisions of Article 2177, and of the pertinent Book, and by special laws. (1093a)
provisions of Chapter 2, Preliminary Title on Human  Quasi-delicts: TORTS – damaged caused to another
Relations, and of Title XVIII of this Book, regulating through an act or omission, there being fault or negligence
damages. (1092a) but no pre-existing contract between parties.
 Civil liability arising from crimes or delicts
 Every person criminally liable for an act or omission is also Requisite of Quasi Delicts
civilly liable for damages. (Article 100, Revised Penal Code) There must be
 In crimes, however, which cause no material damage (like  An act of omission
contempt, insults to person in authority, gambling,  Fault or negligence
violations of traffic regulations, etc.); there is no civil  Damaged caused
liability to be enforced. However, a person not criminally  Direct relation or connection of cause and effect between
responsible may still be liable civilly. the act or omission and damages; and
 No pre-existing contractual relation between parties
Scope of Civil Liability Crimes Quasi Delicts
 Restitution – can be returned (Vehicle, money etc.)  Criminal or malicious  Negligence
 Reparation for the damaged cause – obliged to intent, criminal
compensate or pay to the victim negligence
 Indemnification for consequential damages – pay  Purpose is  Purpose is
damages includes moral damages consequences of the punishment indemnification of the
crime offended party
 Affects public interest  Private interest
 Criminal and civil  Civil liability
liability
 Cannot be  Can be compromised
compromised
 Guilt of accused must  Need only be proved
be proved beyond by preponderance of
reasonable doubt evidence

Ang utang ng magulang ay hindi namamana – natural

obligation kung ang deceased parents ay may utang.
Equity an