GENERAL PROVISIONS

ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.

ARTICLE 1156

Obligation
- If obligations were not made
- Latin word “Obligatio” meaning
enforceable, then people can
“binding/tying”
disregard them with impunity.
- Bond recognized by the law by which
one is bound in favor of another to
Nature of Obligations under Civil Code
render something (giving, doing, or
● Civil obligation - obligations which
not doing
give the creditor/obligee a right under
- Civil Code definition is given by
the law to enforce their performance
Article 1156 in its passive aspect; it
in courts of justice.
stresses the duty under the law of the
● Natural obligation - based on equity
obligor when it speaks of obligation
and natural law; do not grant a right
as a juridical necessity.
of action to enforce their
- Manresa defines it as: “a legal relation
performance.
established between one party and
- Binding only in conscience and
another, whereby the latter is bound
according to natural justice.
to the fulfillment of a prestation
Essential requisites of an Obligation
which the former may demand of
1. Passive subject (debtor/obligor) -
him.”
bound to fulfillment of the obligation;
Juridical Necessity
he who has the duty.
- Obligation is a juridical necessity
2. Active subject (creditor/obligee) -
because in case of non-compliance,
entitled to demand fulfillment of
the courts of justice may be called
obligation; he who has the right.
upon to enforce its fulfillment or the
3. Object or prestation (the subject
economic value that it represents.
matter) - conduct required to be
- In case of non-compliance there will
observed by the debtor; without the
be legal sanctions.
prestation there is nothing to
- The debtor/obligor may be liable for
perform.
the damages.
4. Juridical/legal tie (efficient cause) -
- Damages are the sum of money
binds the parties to the obligations.
given as compensation for the
harm suffered by the creditor.
GENERAL PROVISIONS
ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.
b. Corresponding legal
obligation of the
Form of Obligations debtor/obligor/defendant not
- Manner in which the obligation is to violate said right
manifested/incurred; may be oral,
written, partly oral and partly written. c. Act of the latter in violation of
- A contract necessarily gives rise said right with resulting
to an obligation but an obligation does injury/damage to the former.
not always need to have a contract.
1. As a general rule, the law does not - If any of these elements is absent, the
require any form in obligations complaint may be dismissed on the
arising from contracts for their ground of failure to state a cause of
validity or binding force. (see Art. action.
1356.) - The presence of a cause of action rests
2. Obligations arising from other on the sufficiency, and not on the
sources (Art. 1157.) do not have any truthfulness/accuracy of the
form at all allegations in the complaint.
- A cause of action only arises at the
Obligation, right, and wrong distinguished moment a right has been
● Obligation - the act the law will transgressed.
enforce - An obligation on the part of a person
● Right - the power a person has under cannot exist without a corresponding
the law to demand from another any right existing in favor of another, and
prestation. vice-versa.
● Wrong (cause of action) - an act of one - For every right enjoyed by a
party which violates the legal person, there is a corresponding
right/rights of another; may also be obligation on the part of another
called injury. to respect such right.

Essential elements of a legal wrong:

a. A legal right in favor of a
(creditor/obligee/plaintiff)
GENERAL PROVISIONS
ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.
Injury, damage, and damages distinguished
● Injury - wrongful act that causes
harm; illegal invasion of legal right.
● Damage - the loss, hurt, or harm
which results from the injury.
● Damages - denote the sum of money
recoverable as amends for
wrongful act or omission;
Existence of one without the other:
- There may be injury without
damage and damage without
injury.
a. Proof of loss for injury - a wrongful
violation for his legal right
insufficient, there must
loss/damage caused by the violation.
b. Liability for damages of a person for
exercising his legal rights - a person
has the right to take legal steps to
enforce his legal right
- Qui jure suo utitur mullum
damnum facit - One who makes
use of his legal right does no
injury
- damnum absque injuria (damage
without injury) - If damage
results from a person’s exercising
his legal rights.
- The plaintiff must establish that the
damage to him resulted from a breach
or violation of legal duty which the
defendant owed to him; otherwise, the
consequences must be borne by the
the plaintiff alone.
- In order that the law will give redress
for an act (or omission) causing
damage, that act must be not only
hurtful, but wrongful.
Kinds of obligation according to subject
matter
is 1. Real obligation (to give) - the subject
be matter is a thing that must be
delivered to the obligee.
2. Personal obligation (to do or not to
do) - an act to be done or not to be
done.
a. Positive personal - to
do/render survive
b. Negative personal - not to do;
includes not to give.
GENERAL PROVISIONS
ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.

1.