OBLICON TITLE 1

ARTICLES 1156 -1164

WHAT IS AN OBLIGATION?
WHAT IS AN OBLIGATION?

• Article 1156. An obligation is a juridical necessity to give, to do or

not to do.
• WHAT DOES JURIDICAL NECESSITY mean?
• Art. 1423, civil obligations give a right of action to compel
their performance or fulfillment. In this sense, there is
juridical necessity
What are the Kinds of Obligations as
to basis and enforceability ?
ANSWER:
• Art. 1423. Obligations are civil or natural. Civil obligations give a right of action to compel
their performance. Natural obligations, not being based on positive law but on equity and
natural law, do not grant a right of action to enforce their performance, but after voluntary
fulfillment by the obligor, they authorize the retention of what has been delivered or rendered
by reason thereof. Some natural obligations are set forth in the following articles.
CIVIL OBLIGATIONS VS. NATURAL OBLIGATIONS:
NATURAL OBLIGATION

• EXAMPLE: If the action for the payment of a debt has already prescribed, the obligation is
converted from civil to natural (See Art. 1139 to 1155 for Prescription). Note that what
prescribed is the “action” and not the obligation. If still fulfilled after the period has expired,
debtor can no longer demand the return of what has been delivered. Art. 1428 provides:
• Art. 1428. When, after an action to enforce a civil obligation has failed the defendant
voluntarily performs the obligation, he cannot demand the return of what he has delivered or
the payment of the value of the service he has rendered
• “RETENTION” of the benefits is premised on the fulfillment being voluntary, i.e., the debtor
knew that he had no obligation to fulfill the said obligation, but still chose to do so.

• Other provisions dealing with natural obligations:

•WHAT ARE THE ESSENTIAL
ELEMENTS OF AN OBLIGATION ?
ESSENTIAL ELEMENTS OF AN OBLIGATION

• 1. Active subject (creditor) - OBLIGEE

• 2. Passive subject (debtor) - OBLIGOR
• 3. Prestation – subject matter of the obligation –
• 4. Vinculum (Efficient Cause) –
•When it comes to PRESTATION, Is object the
same as “Thing”?
• “OBJECT” not the same as “thing”.
the prestation ([3] above: to give,
sometimes, it is the purpose, which
subject matter, but in obligations, it
thing, it is a conduct.
As to obligations, it is
to do or not to do);
is not necessarily the
is a prestation, not a
•What does Vinculum/LEGAL tie
mean?
ANSWER:

• “VINCULUM” – juridical tie, vinculum juris is that

which binds the parties to an obligation, without
which, no obligation may exists (at least civil).

• This is the element lacking in natural obligations

• “obligation” is from the root word in latin: obligacio/
obligare/obligamus – tying/binding; at least one person
would be bound.
•What are the sources of Obligations?
ANSWER:

• Art. 1157. Obligations arise from: CALQQ

• (1) Law;
• (2) Contracts;
• (3) Quasi-contracts;
• (4) Acts or omissions punished by law; and
• (5) Quasi-delicts.
LAW:

How did the Civil Code describe

obligations arising from LAW?
• Art. 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
•CONTRACTS
•How did the Civil Code describe obligations
arising from CONTRACTS?
ANSWER

• Art. 1159. Obligations arising from contracts

have the force of law between the contracting
parties and should be complied with in good
faith.
•Non-impairment of contracts
What is a contract?
ANSWER

• Art. 1305. A contract is a meeting of minds

between two persons whereby one binds himself,
with respect to the other, to give something or to
render some service.
• QUASI-CONTRACTS:
•What does the Civil Code say
about Quasi-contracts?
• Art. 1160. Obligations derived from quasi-contracts shall be subject
to the provisions of Chapter 1, Title XVII, of this Book.

• Art. 2142. 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.
PROBLEM

• Francine, resident of an island struck by a storm, found

a child – Seth alone and injured. Francine took Seth to
the hospital and paid for the bills.. Finding Andrea, the
mother of Seth, Francine demanded reimbursement for
the cost of hospital expenses.
• Can Francine demand reimbursement from Andrea?
ANSWER:

• Yes, Francine can demand reimbursement from those who are obliged to give support to
Seth.
SUPPORT
• Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article:

• (1) The spouses;

• (2) Legitimate ascendants and descendants;

• (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

• (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
and

• (5) Legitimate brothers and sisters, whether of full or half-blood.

EMPHASIS ON THE 2 QUASI CONTRACTS

• 1. NEGOTIORUM GESTIO
• 2. SOLUTION INDEBITI
• 3. OTHERS
NEGOTIORUM GESTIO

• Art. 2144. Whoever voluntarily takes charge of the agency or

management of the business or property of another, without any
power from the latter, is obliged to continue the same until the
termination of the affair and its incidents, or to require the person
concerned to substitute him, if the owner is in a position to do so.
This juridical relation does not arise in either of these instances:
NEGOTIORUM GESTIO

• This juridical relation does not arise in either of these instances:

(1) When the property or business is not neglected or abandoned;

(2) If in fact the manager has been tacitly authorized by the owner.

• In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404 regarding
unauthorized contracts shall govern.

• In the second case, the rules on agency in Title X of this Book shall be applicable.
• PROBLEM: In fear of reprisals/troubles, X left his fishpond
and went to Europe. Y, without authority from X seeing the
fishes ready for harvest, harvested the same, and sold them
to Z. Y delivers the money to X.
Can Y reimburse from X the expenses he incurred for selling
the fishes?

• What is the juridical relation between X and Y?

PROBLEM

• Members of the family went out of town for vacation. On

the very night they left the house, the house was burned.
The neighbors, however, were able to prevent the total
destruction of the house. The neighbors incurred expenses
in saving the house.

• Is there negotiorum gestio?

WHAT DOES THE CODE SAY ABOUT SOLUTIO
INDEBITI?
SOLUTIO INDEBITI

• Art. 2154. 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.
• PROBLEM: Francine asked Andrea to go to a store to buy a pack
of cigarettes which costs P250, Francine gave Andrea P500. Store
owner gave Andrea the cigarette and P350 as change.

• 500-250 = 250 should be change

• How is this relationship denominated? Solutio indebiti

• PROBLEM: A bus accident happened, Seth tried to help by carrying Francine, one of the
passengers of the bus and brought her to the hospital.
Seth incurred costs in the hospital bills of Francine. Seth asks for reimbursement.

• Is there a quasi-contract between Seth and Francine?

• Can Francine, when asked to reimburse the bill of the hospital, refuse payment on the
ground that she did not give her consent?
• ACTS OR OMISSIONS PUNISHABLE BY LAW;
DELICT / CRIMES
•What does the law say about obligations
arising from Delicts/crimes?
• Revised Penal Code: Art. 100. Civil liability of a person guilty of
felony. — Every person criminally liable for a felony is also civilly liable
• Art. 104. What is included in civil liability. — The civil liability
established in Articles 100, 101, 102, and 103 of this Code includes:
• 1. Restitution; - return of the thing that was lost
• 2. Reparation of the damage caused; - repair of the thing that was
damaged
• 3. Indemnification for consequential damages(amount of money that you
can collect). -
DAMAGE VS. DAMAGES

• DAMAGE – refers to the injury caused when one violates the right of
another

• DAMAGES –amount of compensation that the person who was injured is

entitled to receive
• QUASI-DELICTS/TORTS
• Art. 1162. Obligations derived from quasi-delicts shall be governed by
the provisions of Chapter 2, Title XVII of this Book, and by special laws.

• Art. 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
• QUESTION: From a single act, can there be a
basis of a claim under more than one source?
PROBLEM
X Bus collided with a car drove by B. P, one of the passengers of X
Bus was injured. Jenny, a pedestrian standing on a waiting shed was
also injured. What are the obligations incurred?
P – will complain against X – CONTRACT
P – will complain against driver of X- Criminal negligence
P - WILL complain against B – quasi delict
Jenny – will complain against X/car owner – QUASI DELICT
Jenny – will complain against the driver of X – criminal negligence
• ANSWER: Yes, from delict, quasi-delict and contract.
• Note that these require different procedures, requirements,
quantum of evidence.
• Note still, that no recovery from more than one source is allowed.
Example: Art. 2177 “double recovery rule”: Art. 2177.
Responsibility for fault or negligence under the preceding article is
entirely separate and distinct from the civil liability arising from
negligence under the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the defendant.
• QUESTION: If an act is punishable by law, can
there be a basis of a claim under quasi-contract?
• ANSWER: NEVER. Art. 2142, quasi contract may only be
from acts which are voluntary, lawful and unilateral (all
three are required to be present). Absence of one, not a
basis of a claim under quasi contract.