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AUDREY JADE DE GUZMAN | BSA2-MAIN4

CHAPTER 1: GENERAL PROVISIONS | SUMMARY NOTE

1156: OBLIGATION OVERVIEW

Obligation – juridical necessity to give (real obligation), to do (positive personal obligation), and not to do (negative
personal obligation). It is a binding or tie recognized by law.
Nature of Obligation – knowns a civil obligations, distinguished by natural obligation, not being based on positive
law, but equity and natural law.
Essential Requisites of Obligation:
1. Passive Subject/Debtor/Obligor – the person with the duty & bound to fulfill demand.
2. Active Subject/Creditor/Obligee – the person who has right & entitled to demand fulfillment.
3. Object/Prestation/Subject Matter – It is the to give/to do/not to do & required to be observed by debtor.
4. Juridical Tie/Legal Tie/Efficient Cause – what binds the parties. The source of obligation.
Sources/Forms of Obligations
1. None – law does not require any form (oral or writing) for their validity or binding force.
2. From Source – Law, contracts, quasi-contract, quasi-delict, & act/omission. Can have no form also. (Ref. 1157:
OBLIGATION SOURCES)
Differences:
Obligation – act/performance enforced by law.
Right – power to demand under the law
Wrong/cause of action/Injury – violation of right
Requisites of Injury:
1. In favor of one person/party
2. there is correlative legal obligation
3. Ac/omission violates the right
“In every obligation, there is a right of a party, and if that right is violated, there is injury.”
Kinds of Obligation based on Subject Matter:
1. Real Obligation – To give, subject matter is a thing.
3. Personal Obligation – To do/Not to do, subject matter is an act
a. Positive Personal Obligation – To do
b. Negative Personal Obligation – Not to do, include not to give

1157:OBLIGATION SOURCES
Sources of obligations:
1. Law – imposed by law itself. (Ref. 1158:LEGAL OBLIGATIONS)
a. Law
b. Private acts
1) Licit acts – in case of contracts & quasi-contracts
2) Illicit acts – punishable in case of delicts/crimes or not punishable if quasi-delict/torts.
2. Contracts – stipulation of parties. (Ref. 1159:CONTRACTS)
3. Quasi-contract – lawful, voluntary, & unilateral acts enforceable in the sense “no one shall be unjustly enriched or
benefited at the expense of one another” (Ref. 1160:QUASI-CONTRACTS)
5. Crimes/Omission – civil liability arises from criminal offense. (Ref. 1161:CIVIL OBLIGATIONS)
4. Quasi-delicts or torts – damage caused to another being fault/negligence, no contractual relation exist between
the parties.
+ There are really only 2 sources: Law and contracts, the rest mentioned falls in Law.

1158: LEGAL OBLIGATIONS

- Obligations derived from law are not presumed, only those expressly (clearly stated in stipulation) or in special laws
(aside from civil code, ex. Corporation code) are demandable and shall be regulated by their provisions.
Simple terms: Aside from expressly stipulated (contract) or special laws, obligations that arise from law is not
automatically binding and enforceable.
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1159: CONTRACT
Contractual obligations - arise from contracts or voluntary agreement of parties are valid and enforceable & must be
complied in good faith.
Binding force – there will be a force of law between contracting parties, contract must not be against the law to be
valid, because law is still superior to contracts.
Requirement of Valid Contract:
1. all essential elements of obligation
2. Not contrary to law, morals, good customs, public order, and public policy. If it is contrary,
it will be invalid. There is no void contract, it will only become invalid and cannot be enforce or have binding.
Breach of Contract – Contracted may be violated by a party in whole or part. Breach happen when a part fails or
refuses to comply to his obligation without legal reason or justification.
Compliance in Good Faith – Compliance of obligation with sincerity and honesty without taking advantage of the
other party. If non-compliance, a penalty from stipulation will enforce, if there’s not stipulation, remedies are
provided to protect the rights of the oppressed party.

1160: QUSI-CONTRACTS
Article jurisdiction – quasi-contracts or implied (not expressly stipulated) contracts.
Quasi-contracts – lawful, voluntary, & unilateral acts that affect “no one will be unjustly enriched or benefited at the
expense of another.”
Presumed as contracts – even though there is no formal agreement of parties, if there is injustice or unjust
enrichment of the other person in exchange of effort of the other, law will considers they enter a contract.
Kinds of Quasi-contracts
1. Negotiorum Gestio – voluntary management of the property or affairs of other w/o their knowledge or consent.
2. Solutio Indebiti – when there is something unduly delivered by mistake because there is no right to demand.

1161: CIVIL OBLIGATIONS

Civil obligation – those arise from criminal offense shall be governed by art. 2177 & chapter 2 of Human Relations &
title xvii of Regulating Damages
Civil Liability for Damages:
1. Civil liability + Criminal Liability - crime (with evil intent) that cause damages
2. Criminal Liability w/o Civil Liability – no damages made but there is evil intent
3. Civil Liability w/o Criminal Liability – damages done without criminal intent.
Scoped of Civil Liability (Ref. Revised Penal Code and Civil Code)
1. Restitution (return of what was stolen)
2. Reparation for the damage cause (compensation)
3. Indemnification (injured of right) for consequential damages.

1162: QUSI-DELICTS
Qusi-delicts – an act or omission that caused damage to another person, property, or rights. Will give rise to
obligation to pay for damages. Was done by being fault or negligence, if by evil intent, will be jurisdiction of criminal.
There should be no pre-existing contractual relation, if there is, it will be the jurisdiction of breach of contract.
Requisites of Quasi-delict:
1. Act of omission
2. Fault/Negligence
3. Damaged caused
4. Direct connection of Cause and effect
5. No pre-existing contractual relation
Crimes | Quasi Delict (Distinguished)
1. Malicious intent/criminal negligence | fault/negligence
2. Purpose is to punish | indemnification of the offended party.
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3. Public interest | Private Interest

4. Criminal & Civil liability | Civil liability
5. Cannot be compromised/settled by the parties themselves | can be
6. Proved by reasonable doubt | Only proved by preponderance of evidence (which superior/greater)