OBLIGATIONS AND

CONTRACTS
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1156 CIVIL CODE OF THE
PHILIPPINES

•AN OBLIGATION IS A JURIDICAL

NECESSITY TO GIVE, TO DO, OR
NOT TO DO.
WHAT IS JURIDICAL NECESSITY?

•IT MEANS THAT IF A PARTY FAILS EITHER TO GIVE,

TO DO OR NOT TO DO, THE OTHER PARTY MAY GO
TO COURT WHO THEN COMPELS OR FORCE THE
FORMER TO COMPLY.
•THIS IS THE CHARACTERISTIC OF
COMPELLABILITY
EXAMPLE OF OBLIGATION TO
GIVE:
• HARRY BORROWED MONEY FROM CASIO.
IF CASIO FAILS TO PAY ON DUE DATE,
HARRY MAY FILE A CASE IN COURT TO
FORCE CASIO TO PAY HIS DEBT.
EXAMPLE OF OBLIGATION TO DO:

• ENGINEER AGREED TO CONSTRUCT THE HOUSE

OF HOMER. IF ENGINEER FAILS TO CONSTRUCT
THE HOUSE, HOMER MAY SUE ENGINEER SO
THAT THE COURT CAN ORDER ENGINEER TO
CONTRUCT THE HOUSE.
EXAMPLE OF OBLIGATION NOT TO DO:
• STUDENT RENTED A ROOM OWNED BY APARTMENT.
BOTH AGREED THAT STUDENT SHOULD NOT ALLOW
OTHER PERSONS TO ENTER HIS ROOM. HOWEVER,
STUDENT ALLOWED ALL HIS FRIENDS TO SLEEP IN HIS
ROOM. THE OTHER RENTERS COMPLAIN TO
APARTMENT. DESPITE APARTMENT’S WARNINGS,
STUDENT CONTINUED TO DEFY THEIR AGREEMENT. IN
THIS SITUATION, APARTMENT MAY GO TO COURT AND
ASK FOR AN ORDER SO THAT STUDENT MAY BE FORCED
WHY CAN A PARTY FORCE ANOTHER PARTY
TO PERFORM HIS OR HER OBLIGATION?

• IT IS BECAUSE THE LAW STATES THAT THE

PARTY HAS AN OBLIGATION TO THE OTHER
PARTY EITHER TO GIVE, TO DO OR NOT TO
DO.
REGARDING THE PREVIOUS THREE
EXAMPLES, IS THERE A LAW THAT
SUPPORTS IT?
• YES, THE LAW ON CONTRACTS WHICH IS TITLE II
OF THE CIVIL CODE OF THE PHILIPPINES.

• THE THREE EXAMPLES ARE LOAN CONTRACT,

CONSTRUCTION CONTRACT AND LEASE
CONTRACT, RESPECTIVELY.
ARE THERE INSTANCES THAT A PARTY CANNOT
FORCE OR COMPEL THE OTHER PARTY TO GIVE,
TO DO OR NOT TO DO?

• YES, WHEN THEY HAVE ONLY A MERE

AGREEMENT THAT IS NOT SUPPORTED BY
ANY LAW.
WHAT IS A MERE AGREEMENT?

• AN AGREEMENT IS SIMPLY AN
UNDERSTANDING OR ARRANGEMENT
BETWEEN TWO OR MORE PARTIES
WITHOUT ANY LAW THAT SUPPORTS IT.
EXAMPLE OF AN AGREEMENT:

• JOSE INVITED JULIE TO MEET AT SM CITY TO

WATCH A MOVIE NEXT WEEKEND. THREE DAYS
BEFORE THEIR DATE, JOSE INFORMED JULIE
THAT HE WAS REQUIRED BY HIS EMPLOYER TO
WORK ON THEIR AGREED DATE.
CAN JULIE SUCCESSFULLY ASK THE COURT TO
FORCE JOSE NOT TO WORK AND INSTEAD
WATCH A MOVIE WITH HER?

• NO,
BECAUSE THERE AGREEMENT IS NOT
BASED ON ANY LAW.