Introduction to Civil Law &

Obligations
Civil Law

Branch of Law that treats the personal and family relations of a person, his
property and successional rights, and the effects of obligation and contracts.

“civil” is derived from the Latin “civiles”, a citizen. Originally, the word
pertained to a member of “civitas” or a political community (Black’s Law
Dictionary)

Obligation

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

Contract

Article 1305: is a meeting of minds between at least two persons whereby one
binds himself, with respect to the other, to give something or to render some
service.

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 Kinds of Obligations

To Give (Real Obligations)

“real” - you are obliged to give something concrete, a material object

To Do (Personal Obligations)

“personal” - you would be providing a service only you can do (ex. hiring a
singer for a wedding, the singer is hired for their qualifications and
therefore is the only person who can perform the said obligation.

Not to Do
self explanatory

Essential Elements of an Obligation

if a contract does not have all of the elements, then it cannot be enforced in the
court of law.

Active Subject (creditor/obligee)

“active” - they are the one demanding the performance of the obligation

Passive Subject (debtor/obligor)

“passive” - waits for the creditor to make the demand in order to perform
the obligation

Object (prestation)

we are talking about what is expected to be done, not done, to be given.

prestation to be performed by the debtor, ex. when purchasing something

the prestation is the money and not the object being purchased.

not to be confused with the Object of the Prestation

Legal Bond (vinculum juris)

source of obligation is the contract, what ties the parties together

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 the very essence of the obligation, what compels the debtor to perform or
makes the obligation demandable and enforceable

additional:

active & passive subject

must be determinate (specific) or at least determinable (it is clear who the

active and passive subjects is)

examples:
contract of sale (determinate), negotiable instrument payable to bearer
(checks, the one issuing the check is determinate and the one cashing in the
check is determinable as it can be given to anyone), real estate mortgage
(follows the land, not the one mortgaging it and therefore is determinable)

note:

one can be both the creditor and the debtor simultaneously, ex. if you are
gonna buy something you are the debtor because you would be paying the the
item you would be buying, creditor because when you demand for the product
you are buying then the other party is obligated tao give you what you payed
for.

there are two subjects because you cannot have a contract with yourself, a
contract involves at least two people whether natural, juridical or artificial.

Sources of Obligation
Article 1157. Obligations arise from:

(1) Law;

Branch of government charged with the creation of laws: Congress.

The Philippines has a bicameral congress which consists of the House
of Representatives and Senate.

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 Article 1158. Obligations derived from law are not presumed. Only those
expressly determined in this Code (Civil 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
provision of this Book. (1090)

ex. when the Government demands you to pay taxes, it’s not enough that
they just say that there's a law. The specific law must be stated, in this
case it’s under the National Internal Revenue Code from which our
obligation to pay taxes is written. The due date of payment of taxes is also
applicable here.

(2) Contracts;

Article 1159. Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good
faith. (1091a)

(3) Quasi-contracts;

Article 1160. Obligations derived from quasi-contracts shall be subject

to the provisions of Chapter 1, Title XVII, of this Book. (n)

Article 2142. Certain lawful, voluntary and unilateral acts give rise to the
juridical relation of the quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense of another. (n)

ex. when paying for something and you receive excess change or more
than what you are supposed to be given, the obligation to return the excess
change is a quasi-contract.

solutio indebiti: obligation to return what was mistakenly received to the

person who has the right to receive it

negotiorum gestio: when someone takes over the management of the

business when the owner is absent, a voluntary commitment which entitles
them to compensation as well as obliges you to take care of the said
business

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 (4) Acts or Omissions punished by law; and

Article 1161. Civil obligations arising from criminal offenses shall be

governed by the penal laws, subject to the provisions of the article
2177, and of the pertinent provisions of Chapter 2. Preliminary Title, on
Human Relations, and of Title XVII of this Book, regulating damages.
(1092a)

Article 100. Civil liability of a person guilty of felony. - Every person

criminally liable for a felony is also civilly liable.

- Revised Penal Code of the Philippines

ex. when you steal you are subjected to face jail time, repayment of stolen
object and paying for damages

(5) Quasi-delicts

not a crime because it was not intended to happen, which means it carries
with it a lesser punishment. It’s a heavier case if the end results to another
dying (accidental manslaughter if I'm not mistaken)

Article 1162. Obligations derived from quasi-delicts shall be governed

by the provisions of Chapter 2, Title XVII of this Book, and by special
laws. (1093a)

Article 2176. Whoever by act or omission causes damage to another,

there being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual relation
between the parties, is called a quasi-delict and is governed by the
provisions of this Chapter. (1902a)

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