BOOK IV OBLIGATIONS AND CONTRACTS
and in case of breach, the debtor shall be liable with all of his
Title I. – OBLIGATIONS CHAPTER 1 GENERAL
property (present & future) that are not exempt from execution.)
PROVISIONS
Juridical Necessity means if the other party has non
Art. 1156. An obligation is a juridical necessity to give, to
compliance the aggrieved party can go to the courts to enforce
do, or not to do.
his fulfillments. (If there is no juridical necessity then other party
who did not fulfill his obligation can have a choice to not follow
Juridical Necessity because in case of noncompliance, there
his obligation. Because no one will force him to fulfill so court
will be legal sanctions.
intervention is needed. To have enforcement of compliance
with the obligation. )
Obligation is a juridical necessity because failure or refusal to
perform the obligation gives rise to a right action.
Nature of Obligation Under the Civil Code
(kailanagn gawin kung hindi pwede syang kasuhan ng courts of
justice)
Obligations that give to the creditor or obligee a right under the
So if the debtor fail or refuse to perform the obligation the
law to enforce their performance in courts of justice are known
creditor has legal remedies.
as Civil obligations
(In case the debtor fail or refuse to comply with the obligation
(A juridical relation whereby a person (the CREDITOR) can
the creditor can seek legal remedies.)
oblige or legally (i.e. enforceable by action) demand or compel
Ex. By filing a case in the court
another person (the DEBTOR) determinate conduct (prestation)
Natural Obligations
creditor or obligee is the one who receives the benefit from
nyang hindi ipagawa. May choice sya na idemand kay obligor
yung fulfillment ng obligation because that is the right
performance of the obligation of th obligor.
(sya yung nakakareceive ng benefit from performance of the
2. Passive Subject – one bound to perform prestation (sya
obligation ni obligor )
yung may obligation)
Si passive ang may obligation mag act to give to do or not to do
the obligee or the creditor is the one who has the right to the
He is obliged to follow, he is obliged to comply it means
performance of the obligation. He is the one who can demand
kailangan niyang gawin
to the fulfillment of the obligation (sya yung may right to the
performance of the obligation sya yung makakademand kapag
(Active and passive means person involve in an obligation
kailangang e perform ni creditor yung obligation at kapag hindi
nacomply then he can be liable for a damages)
3. Prestation / Object – subject matter; conduct required to be
observed by the debtor
Elements of Obligation: They called requisites because they
prestation magfocus kung ano yung kailangang gawin
composed the obligation
a. To give – if not fulfilled, can file for remedies
1. Active Subject – one demanding performance (sya yung
b. To do – remedies sought for may be limited
may right to demand the obligation kay passive subject)
c. Not to do
active sya yung may choice kung gusto nyang ipagawa kay
obligor yung kanyang obligation e comply niya or pipiliin nalang
4. Efficient Cause – juridical tie; what binds or connects
parties to the obligation
juridical tie is a source of the obligation contracts provides of
punishable by law because that is an obligation you are
the obligation from law manifested or incurred paano
required to help the person in needs but you did not do
napapakita oral mahirap syang patunayan but still binding
Negative pinagbabawal gawin pero ginawa mo reaveling
confedential information
Unilateral- isang party lang ang may obligation si passive
Bilateral - both parties ang may obligation
Obligation, Right and Wrong Distinguish
If there is an obligation there is always a corresponding right
Form of Obligations
Obligation - is on the part of the debtor
1. as a general rule may exception dahil kapag may general
Right - meron syang right to demand an obligation
rule hindi pwedeng walang exception may mga certain form sa
Wrong - act - it is possible that the debtor violated the right of
ibang contracts na kung saan kailangan mainform sya
the creditor because he did something which is supposed to not
nakailangan may specific form na kailangang ifollow tawgg
to do ( hindi dapat gawin pero ginawa mo)
doon the statute of frauds ex. Contracts involving imovable
Omission - means that the debtor did not do something or did
properties public instrument ,sales more that 500 peso
not give something which is it his obligation to door obligation to
kailangan may resibo written lease required
give ( hindi pag fulfill ng obligation)
act or omission their are some instances na kapag wala knng
Injury - act or omission causes harm
ginawa . ex. A person is in danger at kailangan nya ng tulong
Damage - the harm done to a party (kung ano yung na incurr
at nandoon ka tapos hundi mo tinulungan can you be held
na loss ng plaintiff)
liable? yes because that is an omission in your part and
Damages - sum of money recoverable by reason of damage
Kinds of Obligations:
done from the defendant
1. Civil Obligation – if not fulfilled becomes due and
Right of Action - commencement ng pagpafile ng kaso
demandable, may be enforced in court through action
pwedeng kasuhan ang sinomang hindi magfulfill ng kanyang
2. Natural
civil obligation)
(voluntariness of an action)
Pag nagkaroon ng cause of action magkakaroon rin ng right of
3. Moral Obligation – arises not from positive law but from the
action
moral law developed by the church and not enforceable in court
Plaintiff - nagsasakda
*Note: an obligation can be natural, legal, and civil at the same
Defendant- akusado
time
Real Obligation a generic RO indeterminate object
Art. 1157. Obligations arise from:
Specific determinate the object is identified
(1) Law;
Obligation
–
cannot
be
enforced
in
court
(2) Contracts;
Personal to perform or not perform something
(3) Quasi-Contracts;
(4) Acts or omissions punishable by law (delicts); and
OBLIGATION
ACTIVE
PASSIVE
To give
creditor
Debtor
To do / not to do
obligee
obligor
(5) Quasi-delicts.
Exclusivity – The enumeration by the law is exclusive; hence,
there is no obligation as defined in Article 1156, if its source is
not any of those enumerated
Sources:
4. Crimes / Acts or omissions punishable by law (delicts) –
1. Law – imposed by the law itself (obligation arising from law
arise from civil liability which is the consequence of a criminal
specifically stated by the law na naa kay obligation)
offense
Ex. Even if the tax payer refuse or doesn’t want to pay a tax still
5. Quasi-Delicts / Torts – when they arise from damage
that is an obligation with or without his consent of the tax payer
caused to another through an act or omission, there being fault
because this obligation arises from law
or negligence but no contractual relation exists between parties
2. Contracts – when they arise from the stipulation of parties
(acts or omission punished by law) also known as crime or
Meeting of minds means there is a consent between both
felony
parties ( agreements) not necessarily writing but it could be in
Unlike other sources of obligations, delicts produce both crime
also)
and civil liabilities
3. Quasi-Contracts – when they arise from lawful, voluntary,
Ex. Estafa, rape, murder ( doing these crimes could get you
and unilateral acts and which are enforceable to the end that
imprisoned)
no one shall be unjustly enriched or benefited at the expense of
Criminal liability - penal code
another
Also known as tort or culpa
X has the obligation to give to do something in favor of the
This is an act or omission by one party which causes damage
other party not because they have an agreement but because
to another party wherein there is no pre-existing contract
its the law itself that imposed upon the debtor in that obligation
the purpose is so that no person shall be unjustly enriched or
Scope of Civil Liability
benefited at the expense of another
Restitution - return of the thing (monetary value ang ibibigay if
wala na ang thing na yun)
Reparation - not possible if that thing are lost (kailangan mong
Not presumed – unless is expressly provided by law, they are
ibalik sa state yung isang bagay na ninakaw mo but possible if
not demandable and enforceable and cannot be presumed to
there is special sentimental value of that thing) sya yung
exist.
magbabayad ng repair cost
Legal Obligation
Indemnification- babayaran nya yung loss
Before a person could acquire There must be a clear provision
Consequential damages
of the law making the person subject of the obligation of the
law. We cannot be speculation
It must be establish, it must be proven that that person is really
Law ang batas mismo ang nagbibigay sayo ng obligation
covered by the law
contracts kung ano yung pinagkasunduan ng dalawang parties
Special law are those not contained in the Civil Law
sa isang contract yun yung kanilang obligation quasi-contracts
semi contracts or partly torts semi crimes licit legal ulicit elegal
Reason: They are considered a burden upon the obligor. They
are the exception, not the rule. To be demandable, they must
Art. 1158. Obligations derived from law are not presumed.
be clearly set forth in the law.
Only those expressly determined in this Code or in special
laws are demandable, and shall be regulated by the
Art 1158 the law must be very explicit when it gives or provides
percepts of the law which establishes them; and as to what
an obligation hindi mo pwedeng i presumed it must not be
has not been foreseen, by the provisions of this Book.
presumed because the obligation that is coming from law it
must be explicit
reason: kapag may obligation ka may burden ka mahirap ang
Contractual Obligations have the force of law between the
obligation kasi may kailangan kang gawin being the passive
contracting parties
subject wlla kang choice but fo fulfill that obligation to comply
Means that is the law bet. Them
with that obligation so it is a burden to since it is a burden to
Agreed upon their contract
you dapat ang obligation na galing sa batas must be explicit
kasi dapt hindi unnecessarily pahirap If an obligation is coming
Compliance in good faith kung unsa ang nasabutan mao ra
from a law it must be explicit because an obligation in
ang sundon
complying there with is burden some.
Validity – a contract is valid if it is not contrary to law, morals,
good customs, public order, and public policy. In the eyes of the
Art. 1159. Obligations arising from contracts have the force
law, a void contract does not exist. Consequently, no
of law between the contracting parties and should be
obligations will arise.
complied with in good faith.
Compliance in good faith – compliance or performance in
accordance with the stipulations or terms of the contract or
Contracts – meeting of the minds of contracting parties to give
agreement. Good faith and fair dealing must be observed to
something or to render some service; this has the force of law
prevent one party from taking unfair advantage over the other
and is perfected by mere consent and must be complied with in
good faith
Art. 1159 the contract is valid and enforceable contarcts meron
silang agreement. Kailangan binding ang law, may binding
force ng law dahil kailangan ng obligatory force para may
proper compliance kapag walang proper compliance the
parties become bound to each other to the end that no one will
government will intervene, the government will act as a arbiter,
be unjustly enriched or benefited at the expense of another
will enforce the obligation. But this does not mean that the
contracts is superior to the law kailangan magcomply kung ano
Art 1160 wala silang agreement beforehand wala silang civil
ang sinabi ng batas kung ano ang standards ng batas
relationship wala silang contractual relationship at the first
kailangan sundin para maging valid and enforcealble. It cannot
place pero due to an event thet occured nagkaroon sila ng
be valid if it is against the law void contract na hindi valid as if it
contractual relationship because of an event na nangyari yun
did not exist in the first place . Innocent ginawa mo yung tama
yung differents ni contracts ka
good faith it must be complied with sincerity and honesty it
must be observed to prepare one party from taking per
Characteristics of a Quasi-Contract:
advantage over the other m(can be a valid defense) In bad faith
1. Lawful – to distinguish it from a delict / crime
may negligence may faulth mawawalan ka ng karapatan ng
2. Voluntary – to distinguish it from quasi-delict (where acts
remedies at magkakaroon ka ng liability.
involved constitute fault, negligence, or lack of foresight)
3. Unilateral – to distinguish it from an ordinary contract where
Art. 1160. Obligations derived from quasi-contracts shall
there is a meeting of the minds of two parties
be subject to the provisions of Chapter 1, Title XVII, of this
Book.
Kinds of Quasi-Contracts:
Quasi-Contract – is that juridical relation resulting from certain
1. Negotiorum gestio – voluntary management of the property
lawful, voluntary, and unilateral acts by virtue of which the
or affairs of another without the knowledge or consent of the
latter
2. Solutio indebiti – juridical relation which is created when
indemnification of the offended party pursuant to Articles 100,
something is received when there is no right to demand it and it
104(3), and 107 of the RPC.
was unduly delivered through mistake
Art. 1162. Obligations derived from quasi-delicts shall be
Art. 1161. Civil obligations arising from criminal offenses
governed by the provisions of Chapter 2, Title XVII of this
shall be governed by the penal laws, subject to the
book, and by special laws.
provisions of Article 2177, and of the pertinent provisions
of Chapter 2, Preliminary Title, on Human Relations and of
Quasi-Delict – an act or omission by a person which causes
Title XVIII of this Book, regulating damages.
damage to another in his person, property or rights, giving rise
to an obligation to pay for the damage done, there being fault or
Delicts – acts or omissions punishable by law Scope of Civil
negligence but there is no preexisting contractual relation
Liability:
between the parties
1. The extent of the civil liability arising from crimes is governed
by the RPC and CC. This civil liability includes:
Not actually at intentional crime but rather an offense
a. Restitution
committed by reason negligence or recklessness
b. Reparation for the damage caused
c. Indemnification for consequential damages
Requisites of Quasi-Delict:
2. Where the trial court convicts an accused of a crime, without,
1. Act or omission by the defendant
however, ordering payment of any indemnity, it has been held
2. Fault or negligence of the defendant (proximate cause)
that the SC on appeal may modify the decision by ordering
3. Damage caused to the plaintiff
4. Direct relation or connection of cause and effect between the
compromised or settled by parties Can be compromised as any
act or omission and the damage
other civil liability Guilt must be proved beyond reasonable
5. No
pre-existing
parties
doubt Fault or negligence of the defendant need only be proved
Negligence – omission of that diligence which is required by
by preponderance of evidence Liability of the person
nature
responsible is subsidiary Liability of the person responsible is
of
the
contractual
obligation
relation
and
between
corresponds
with
the
circumstances of the person, of the time and of the place.
direct and primary
Test of negligence – Would a prudent man, in the position of
ka pwedeng parusahan 1. the general rule is kapag nagcommit
the person to whom negligence is attributed, foresee harm to
ka ng crime you will not only receive crimal liability but also civil
the person injured as a reasonable consequence of the course
liability may exception kapag nacocomit mo wala kang
about to be pursued? If so, the law imposes duty on the actor to
nacacause na damages wala kang civil liability ex. fine or
refrain from that course or to take precaution against its
imprisonment Meron kang obligation to compensate with that
mischievous results, and that failure to do so constitutes
sa materiak dmmages na nacause mo kapag meron kang civik
negligence.
liability na nacomoly .
Proximate
cause
–
one
which
in
natural
sequence,
undisturbed by any independent cause, produces the result
Art 1162 semi crime negligence lang or cause nagcause ka ng
complained of CRIME / DELICT QUASI-DEICT Criminal /
harm, loss or injury pero wlaang crime it cause damages
malicious intent / criminal negligence Only negligence Public
kailangan magcompensate indemnification ang twag there
interest Private interest Two liabilities: criminal and civil Only
must be an act or omicssion there is neglict on your aart
one liability: civil Purpose is punishment of the offended party
Purpose is indemnification of the offended party Cannot be