 Obligation – the juridical necessity to give, to do or not to do (New Civil Code of the Phil.

)
 Four essential elements
1. A juridical tie (vinculum juris) - what which essentially binds the parties to the object of the obligation
2. Object or prestation - particular conduct required to be observed by the obligor which can be
demanded by the obligee
3. Active subject (creditor/obligee) - who has the power to demand the performance of the prestation
4. Passive subject (debtor/obligor) - the one bound to perform the same
 Juridical necessity - implies existence of legal sanctions that may be imposed upon the obligor in case of breach of the obligation
 Obligations arise from/Sources
1. Law (obligatio ex lege) -
2. Contracts (obligation ex contractu) - result of bilateral action that requires consent
Emanates
from 3. Quasi-contracts (Obligatio ex contractu)
private acts 4. Acts or omissions punished by law (Obligatio Ex Delicto) products of unilateral action of the debtor
5. Quasi-delicts (Obligatio ex cuasi contractu)

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

Article 1157 - Obligations arise from laws, contracts, quasi-contracts, acts or omissions, quasi-delicts

Article 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.

Article 1159 - Obligations arising from contracts have the force of law between the parties and should be complied with in good
faith
Article 1160 – Obligations derived from quasi-contracts shall be subject to provisions of Chapter 1, Title XVII of this book
Article 1161 – Civil obligations arising from criminal offenses shall be governed by the epenal laws, subject to the provisions of
Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this book, regulating damages
Article 1162 -

Law Contracts Acts or Omissions / Delicts Quasi-Delicts

-it is the law -meeting of minds - basis of civil liability arising from crime is embodied in Based on Article 2176:
that creates between two Artcle 100 of the Revised Penal Code “Whoever by act or
the persons whereby “Art. 100, Civil liability of a person guilty of a felony. Every omission causes damage
obligation one binds himself, person liable for felony is also civilly liable.” to another, there being
and with respect to the fault or negligence, is
sanctions it other, to give Acquittal based on the ground that the accused is not the obliged to pay for the
something or to author of the act. The civil action based on delict shall be damage done/ Such fault
-obligations render some deemed extinguished if a finding in a final judgment in the or negligence, if there is
are not service criminal action that the act or omission from which the civil nopre-existig contractual
presumed liability may arise did not exist. realtion between the
-consent is the Acquittal based on reasonable doubt of the guilt of parties, is called a quasi-
essence accused. Even if the guilt of the accused has not been delict”
satisfactorily established, he is not exempt form criminal
-have the force of liability. Differences with delict:
law between the 1. Delict affects
contracting parties The responsibility arising from fault or negligence in quasi- public interest,
and should be delict is entirely separate and distinct from the civil liability quasi-delicts are
complied with in arising from negligence under the Penal Code of private
good faith Padilla vs. Court of appeals – The court can acquit an concern 2.
accused on reasonable doubt and the same time., order the Delicts punish
payment of civil liability already proved in the same case while quasi
without need for separate civil action. merely repairs
the damage.
When criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense is deemed
Read Barredo vs Garcia
instituted. The civil action instituted is based on delict, as to
and Almario
other civil actions pursued under Art 32,33,34 and 2176,
they may be filed separately and prosecuted independently.

Effect of death. The death will terminate the criminal

liability and the civil liability based on the delict. The claim
for the liabilities from other sources survives and may be
pursued in a separate civil action.

Quasi-Contracts
-concept is defined in Article 2142 of Civil Code:
 “Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense of another”

Not contractual in nature in the absence of the element of consent, whether express of implied. No preexisting contractual
relation and there being neither a delict or quasi-delict, a juridical relation known as quasi-contract may arise to avoid a case of
unjust enrichment

-arises from a lawful act –distinguishes from delict and quasi-delict

-arises from voluntary act – distinguishes from culpa criminal and culpa criminal which are committed thru negligence
-arises from unilateral act – distinguishes from contract, which requires consent

Principle:
We must do unto others what we want them to do unto us
a person agrees to what which will benefit him

Forms:
1. Negotiorum Gestio – arises when a person calls the gestor(officious manager) voluntarily takes charge of the agency
or management or a property which has been neglected or abandoned, without any power from the latter. To govern
an absent person’s affairs. It connote the idea of friendliness where he must have acted for another out of a sense of
duty to render assistance to those in need and not for his own sake. It is extinguished by :
1. Repudiation of the officious management by the owner
2. putting an end to such officious management
3. death, civil interdiction, insanity or insolvency of the owner or of the gestor
4. withdrawal from the management of the gestor
2. Solutio indebiti – no one shall enrich himself unjustly at the expense of the other. Embodies in article 2154 that says
“If something is received when there is no right to demand it, and it was unduly delivered through mistake, the
obligation to return it arises.”

Article 22 of Civil Code – Every person who through an act or performance by another, or by any other means, acquires or
comes into possession or something at the expense of the latter without just or legal ground, shall return the same to him
Accion in rem verso- action for recovery of what has been paid without just cause under Article 22.

Other Forms of Quasi-Contracts

1. Giving of Legal Supoort and payment of Funeral Expenses - if a support of a stranger is given without the knowledge of
the person obliged to give support, the stranger has the right to claim reimbursement from the latter, unless it appears
that the stranger gave it out of piety and without intention of being repaid.
2. Acts of a Good Samaritan – When an injured person needs treatment but is not in the condition to give consent to a
contract, he is liable to pay for the services or the person aiding him.
3. Third Person Pays Debt of Taxes Of Another –
4. Acts in Consideration of General Welfare –When the government or any party, upon failure of any person to comply
with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection,
he shall be liable to pay the expenses

Sources of Obligations (Articles 1157-1162)

For readings -