Philippine Civil Code, Article 1156
ESSENTIAL REQUISITES
The meaning of OBLIGATION
The things that a civil obligation must
contain. If one of them is missing, then it is
not a civil obligation.
Obligation - a juridical necessity to give, to do,
or not to do
*More specifically, or a better term would be,
CIVIL OBLIGATION.
 TO GIVE - pay tuition fee
 TO DO - give child support, to care for
your children
 NOT TO DO - you should not kill
a CIVIL OBLIGATION is JURIDICAL NECESSITY
because...
It is enforceable by the court of law. Pag di
mo ginawa, makakasuhan in the courts of
justice and ie-enforce ng korte ang fulfilment
ng specific obligation nay un.
"in case of non-compliance, the courts of
justice may be called upon to enforce its
fulfillment or, in default thereof, the economic
value it represents."
-
-
The term juridical necessity
distinguishes it from other types of
obligation in law. When you hear
the term juridical, automatic na yon,
civil.
A juridical necessity - A civil obligation
NOT a juridical necessity = NOT a civil
obligation
1. Passive subject (Obligor) - person
who is bound to the fulfillment of the
obligation. (yung nagkulang/di pa
gumagawa o nakakagawa ng
obligasyon)
2. Active subject (Obligee) - person who
is entitled to seek fulfillment of the
obligation. (umaksyon para makuha
niya ang nararapat sa kanya)
3. Prestation/Object/Subject Matter conduct required to be observed by
the debtor (ano ba dapat ang
kanyang to give, to do, or not to do)
4. Juridical Tie - What binds or connects
the parties to the obligation
aka: VINCULUM or VINCULUM JURIS
Example 1 [ u n i l a t e r a l ] - Naruto is
obliged to pay his income taxes.
 Passive subject = Naruto
 Active subject = PH govt (specifically
BIR)
 Prestation = to give money (pay
income tax)
 Juridical ties = Law
Example 2 [ b i l a t e r a l ] - Tanjiro &
Inosuke
Examples:


obligation to attend masses
(moral obligation)
to pay back your debt of
gratitude or utang na loob.
(natural obligation)
 Unilateral - only one party has an
obligation (one passive subject only)
 Bilateral - both parties have an
obligation.
TERMINOLOGY
Philippine Civil Code, Article 1157
[ Obligations, Right, & Cause of Action ]
SOURCES OF OBLIGATIONS
 Obligations - The JURIDICAL
NECESSITY to give, to do, and not to
do.
 Right - power in which a person has,
under the law, to demand from
another any prestation/object/subject
matter
 Wrong (cause of action) - an ACT or
OMISSION which violates a right, so
anything that goes against the
obligation
Article 1157. Obligations arise from:
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law (delicts)
5. Quasi-delicts
[ Injury, Damage, & Damages ])
 Injury - act or omission which causes
harm
 Damage - the harm that was done to
the party
 Damages - the sum of recoverable
money by reason of damage done.
Right of action - commencement of the filing
of the case against another party.
(once nag-ka cause of action, magkakaroon
ng right of action yung kabilang party)
juridical necessity - a necessary thing to fulfill
diba? Right of action is the commencement of
the filing of the case against another party if
they do not fulfill their juridical necessity.
Once the case has been established,
the parties will now be called PLAINTIFF &
DEFENDANT
 Plaintiff - obligee/active subject.
 Defendant - obligor/passive subject.
TYPES OF OBLIGATIONS ACCORDING TO
PRESTATION
1. Real Obligation - to give
2. Personal Obligation
i. Positive Personal - to do
ii. Negative Personal - not to do
Quasi-contracts, Acts or omissions punished
by law (delicts) and Quasi-delicts are sources
under the law. While law and contracts are
our sources.
OBLIGATION ARISING FROM LAW
-
When imposed by the law itself.
Examples:
Pay taxes (tax code)
Obligations of parents to the family (family
code)
OBLIGATION ARING FROM CONTRACTS
-
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.
Example:
The obligation to repay a loan by virtue of an
agreement.
OBLIGATION ARING FROM QUASICONTRACTS
-
A quasi-contract is that juridical
relation resulting from certain lawful,
voluntary and unilateral acts by virtue
of which the parties become bound to
each other to the end that no one will
be unjustly enriched or benefited at
the expense of another.
Example:
1. The obligation of a thief to return the car
stolen by him; the duty of a killer to indemnify
the heirs of his victim.
2. You received excessive change after buying
from a store; it is your obligation to return the
excessive change (solution indebiti)
3. Another person took care of your dog while
you’re away, it is your obligation to reimburse
him the necessary expenses he incurred
(negotiorum gestio)
Solutio Indebiti – arise when a person unduly
delivers a thing through mistake to another
who has no right to demand it. (obligation to
return what was given to you by mistake)
Negotiorum gestio – arises whenever a
person voluntarily takes charge of the agency
or management of the business or property of
another without any power or authority from
the latter. (babayaran mo yung charge)
OBLIGATION ARISING FROM CRIMES OR
ACTS OR OMISSION PUNISHED BY LAW /
DELICTS
-
Delicts, also known as crime or felony
Unlike other sources obligation,
delicts produce both criminal and civil
liabilities.
Examples:
- estafa, murder, rape (note that doing these
crimes could get you imprisoned)
- the obligation of a thief to return the car
stolen by him
- the duty of a killer to indemnify the heirs of
his victim
CIVIL LIABILITIES ARISING FROM DELICTS:
Restitution – returning the object of the crime
to the injured party.
Reparation – the payment by the offender of
the value of the object of the crime, when
such object cannot be returned to the injured
party. (hindi na mababalik ang nasirang bagay
kaya babayaran mo) -- possible if may
sentimental value yung bagay kahit may
damage na.
Indemnification – the consequential damages
which includes the payment of the other
damages that may have been caused to the
injures party. (babayaran yung consequential
loss or harm)
OBLIGATION ARISING FROM QUASI-DELICTS
-
wala pang crimes; ito ay negligence o
kapabayaan
also known as tort or culpa
An act or omission by one party which
causes damage to another party
where in there is no pre-existing
contract.
Examples:
1. Because of the organizers’ negligence,
audiences were hurt during an event.
2. Because you are not careful while running
in a busy sidewalk, you bumped into a child
and the child suffered injuries.
In both cases the tortfeasors (organizers and
you) will answer for the medical expenses of
the audience (first case) and the child (second
case)
Philippine Civil Code, Article 1158
Laws are not presumed. (hindi ka pwde mag
assume na may obligation unless expressly
nababanggit or nakalagay sa law)
Special laws – law on corporations, law on
negotiable instruments.
-
Bod – may obligations sa company
Examples:
An employer has no obligation to furnish free
legal assistance to his employees.
A private school has no legal obligation to
provide clothing allowance to its teachers.