 Vinculum Juris
OBLIGATIONS – General Provisions
I.
Definition – Article 1156
1.
Juridical/Legal Tie

A juridical necessity to give, to do, or not to do
2.

A juridical relation whereby the creditor may demand
performance of the prestation by the debtor
Efficient cause by which the debtor has become
bound to perform the prestation
3.
Kinds:

Key Phrase:

Juridical Necessity – obligation may be legally enforced in
case of breach of contract as such breach results in the
right of action to compel performance

a.
Law
b.
Bilateral Acts
i. Contracts
ii. Quasi Contracts
Article 1156 refers only to Civil Obligations
c.
II.
i. Delicts
Differences Between Civil and Natural Obligations
Civil Obligation
ii. Quasi Delicts
Natural Obligation
Based on Positive Law
Based on Equity and Natural Law
Legally enforceable in courts
Not legally enforceable but depends
on the pure generosity and
conscience – voluntary fulfillment
of the obligation by the obligor
authorizes the retention of what
has been delivered or rendered.
Articles 1156
III.
Unilateral Acts
 Prestation
1.
Object
2.
Conduct which has to be observed by the debtor
3.
Requisites (1 3 essential for validity – lack =
void)
st
Article 1423
Elements of Obligation
 Active Subject
1.
Creditor/Obligee
2.
Person who may demand the performance of
the obligation and in whose favor the obligation
is constituted
IV.
a.
Must be lawful or licit
b.
Must be possible – physically and
judicially
c.
Must be determinate or determinable
d.
Must have pecuniary value or possible
monetary equivalent
Classification of Obligations

Includes BUT is not limited to:
 As to Nature
 Passive Subject
1.
Debtor/Obligor
1.
Civil
2.
Person who is bound to perform the prestation
to give, to do, or not to do
2.
Natural
3.
Moral
Notes by Stephanie Dawn Sibi Gok-ong
OBLICON
Atty. Daryl Bretch Largo
USC
personal
 As to Performance
1.
Positive – to do or to give
2.
Negative – not to do
Substitute
Performance
YES
YES
YES
YES
YES
YES
 As to Subject Matter
1.
Real – to give (Object is a thing)
Rescission
2.
Personal – to do or not to do (Object is an act or
an omission)
NOTE: Not complete!!!!
 Persons Obliged
V.
1.
Unilateral – only 1 party is bound
2.
Bilateral –both parties are bound
Sources of Obligation – Article 1157

2.

 Contracts
Reciprocal – created and established at the
same time, out of the same cause resulting in a
mutual relationship between the parties
 Quasi-Contracts
 Delicts
 Quasi-Delicts
Non-Reciprocal
Importance of Identifying the Class or Type of Obligation
 To identify the appropriate remedies available in case of
breach
Remedies
Specific
REAL
Obligation
Generic
REAL
Obligation
Positive
Personal
Obligation
Negative
Personal
Obligation
Specific
Performance
YES
YES
NO –
tantamount
to
involuntary
servitude
To undo
things
already
done
May be
availed of if
the
obligation is
not very
YES
Equivalent
Performance
Includes:
 Law
 As to Reciprocity
1.
Undo things
already
done at
debtor’s
expense
YES
YES
Notes by Stephanie Dawn Sibi Gok-ong

Law – 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.”
 Characteristics:
1.
Must not be presumed and must be expressly
set forth in the law creating the obligation
2.
Does not take into consideration consent,
contract or agreement – the law will prevail
 Cases:
1.
Bautista vs Borromeo, GR L-26002, 10/31/69
a.
OBLICON
Atty. Daryl Bretch Largo
Vehicular accident, recovery of death
and funeral benefits and expenses from
USC
negligent plaintiff, obligation is based
on Section 6 of the Workmen’s
Compensation Law so there is no need
to establish contractual relationship
between the employer and the
negligent party since deceased
employee’s right to sue was subrogated
2.
 Contracts may come in different forms and various
names
1.
Innominate contracts
a.
Father used CPG funds to buy steamer
and schooner but titles are in son’s
name. Son is the owner. Father did not
provide the specific provisions of law
that would support his claim for
ownership
iv. Facio Ut Facias – I do that you
may do
2.
Consensual contracts
a.
2.
2.
GR
a.
No law shall be passed impairing the
obligations of contracts
a.
Police Power
XPN
 Rules on Stipulations
1.
GR
a.
Consent
Any stipulation provided that it is not
contrary to
i. Law
a.
Express
b.
Implied
ii. Morals
iii. Good Customs
Object
Notes by Stephanie Dawn Sibi Gok-ong
Contracts that are perfected by mere
agreement
 Non-Impairment Clause (Section 10, Article III, 1987
Constitution)
 Elements
1.
iv. Public Order
OBLICON
implied
iii. Facio Ut Des – I do that you
may give
 Definition – Article 1305
Obligations arising from agreements between 2
persons shall have the force of law and must be
complied with in good faith
from
ii. Do Ut Facias – I give that you
may do
1.
“Obligations arising from agreements between 2 persons
shall have the force of law and must be complied with in
good faith.”
resulting
i. Do Ut Des – I give that you
may give
Doctor provided medical assistance and
wants defendants (in laws) to pay for
the services rendered, obligation is
based on the obligation of the husband
to provide support to wife. In laws are
not obliged to pay.
Contracts – Article 1159
1.
Contracts
consent
Martinez vs Martinez, GR 858, 1/23/1903
a.

Cause/Consideration
Pelayo vs Palomar, GR L-4089, 1/12/1909
a.
3.
3.
Atty. Daryl Bretch Largo
USC
v. Public Policy
 Rules on Unilateral Evasion
1.
GR
Not Allowed
XPN
a.
Contract authorizes such
b.
Other party consents to it
 Rules on Perfection
1.
2.
Kinds of Quasi-Contracts
1.
a.
2.

2.
GR
a.
From meeting of minds
a.
When parties stipulated on the
creditor’s right to the fruits of the thing
b.
When the obligation is subject to
XPN
i. Period
Negotiorium Gestio – Article 2144

Unauthorized Management

Inofficious Manager

Arises when a person voluntarily takes
charge of an abandoned business or
property without the owner’s authority
Solutio Indebiti – Article 2154

Undue Payment

Unjust Enrichment

Takes place when something is
received when there is no right to
demand it, and it was delivered by
mistake.

Applies when:
ii. Suspensive Condition


a payment is made when
there exists no binding
relation between the payor,
who has no duty to pay, and
the person who received the
payment

the payment is made through
mistake, and not through
liberality or some other cause.
Quasi-Contracts – Article 1160
“Obligations derived from Quasi-Contracts shall be subject to the
provisions of Chapter I, Title XVII of this Book.”

Definition – Article 2142
1.
2.
Juridical relation resulting from lawful,
voluntary, and unilateral acts by virtue of which
the parties become bound to each other to the
end that no one shall be unjustly enriched or
benefited at the expense of the other

Rules
1.
Negotiorium Gestio

Differentiation
a.
Lawful
b.
Voluntary vs Quasi-Contracts
c.
Unilateral vs Contracts
Notes by Stephanie Dawn Sibi Gok-ong
vs
Delicts
OBLICON
2.
Solutio Indebiti

Atty. Daryl Bretch Largo
Owner has the duty to reimburse the
manager for the necessary and useful
expenses
Recipient has the duty to return what
was received by mistake
USC

Delict – Article 1161
Kinds of Evidence
“Civil obligations arising from criminal offenses shall be governed
by the penal laws, subject to the provisions of Article 2177, and of
the pertinent provisions of Chapter 2, Preliminary Title, on Human
Relations, and of Title XVIII of this Book, regulating damages.”

Civil Cases
Definition
1.

Type of Case
Quantum of Evidence
Preponderance
Evidence
of
Description
-
Evidence that would show
the cause of action on the
part of the defendant and
the plaintiff
-
Balance of probabilities
Delict – an act or omission punished by law
Article 100, RPC
1.
Every person criminally liable for a felony is also
civilly liable.
2.
1 criminal act or omission results in:
Social Injury
Personal Injury
Injury or damage to the fabric of
society
Injury or damage to the private victim
Criminal Liability
Civil Liability – Article 104, RPC
-
Imprisonment
-
Restitution
-
Fine
-
Reparation of Actual Damages
-
Indemnification
Consequential Damages
Criminal Action
Notes by Stephanie Dawn Sibi Gok-ong
Criminal Cases
Proof of Guilt Beyond
Reasonable Doubt
-
There is moral certainty on
the part of the judge that
the accused if guilty of the
commission of the crime
Administrative
Cases
Substantial Evidence
-
Evidence that is sufficient
and logical enough to
support a conclusion
Extradition Cases
Clear and Convincing
Evidence
-
Evidence that is lower than
proof of guilt beyond
reasonable doubt but
higher
than
mere
preponderance
of
evidence
of
Civil Action
OBLICON
Atty. Daryl Bretch Largo
USC
Kinds of Civil Actions
Dependent Civil Action
-
Rule 111, Sec 1-2
-
-
Independent Civil Action
-
Rule 111, Sec 3
-
-
Rules on Civil Actions Arising from Delict
The civil action is GR
dependent on the
Civil action is deemed
outcome
of
the
instituted
together
criminal case
with the criminal
Acquittal based on
action
reasonable doubt –
XPN
CA
will
proceed
When CA is waived
unless it was waived
Acquittal based on complete innocence
– CA will be dismissed
The civil action is
NOT dependent on
the outcome of the
criminal cases
WON accused is
found
guilty
or
innocent, CA will still
proceed
Principle of Double
Recovery applies so
victim cannot claim
damages from both
criminal action and
separate civil action
-
1.
Insanity

Insane accused cannot be held criminally liable

Guardian of insane accused may be held civilly liable if it can be
shown that he did not exercise due and proper diligence in taking
care of his charge

If guardian is insolvent, the properties of the insane accused will
be held civilly liable
When CA is reserved
When CA
ahead
is
filed
2.
Minority (15 years old to less than 18 years old)

Only
applies
in
offenses involving:
i. GR: Parents are subsidiarily liable
ii. XPN: Due diligence
Article 32
-
-
Defamation,
Fraud & Physical
Injuries (murder,
homicide, etc)
Article 34
-

Violations
of
constitutional
rights
Article 33
Acting with discernment
Acting W/O discernment
i. GR: No subsidiary liability
3.
Death of Accused During Trial

Criminal liability is extinguished

Civil liability survives
i. Victim must file action against the administrator of the
deceased accused’s estate
Refusal of Police
Officer to Render
Duty
Article 2176
-
Notes by Stephanie Dawn Sibi Gok-ong
Quasi-Delict
OBLICON
Atty. Daryl Bretch Largo
USC

b. The omission of that diligence which is
required by the circumstances of
person, place and time. Thus, it is a
question of fact.
Quasi-Delicts – Article 1162
“Whoever by an 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 shall be
governed by Chapter 2, Title XVIII of this Book and the special
penal laws, and the Articles 19-36 on Human Relations.”
c.
i. What would the prudent man
do?
ii. Would a prudent man foresee
harm to the person injured as
a reasonable consequence of
the course about to be
pursued?
 Definition – Article 2176
1.
2.
Test to determine negligence
An act or omission arising from fault or
negligence which causes damage to another,
there being no contractual relation between the
parties
iii. If YES, the law requires that:
Tort, Culpa Aquiliana
1.
Actor refrains from
such act
2.
Actor
takes
precautions against
its
mischievous
effects
 Elements
1.
There is an act or omission
2.
There is fault or negligence attributable to the
accused
3.
There is damage or injury
4.
That the act arising from the fault or negligence
is the proximate cause of the damage of injury
5.
That there is no pre-existing contractual relation
between the parties
d.
 Terms
1.
i. Obligation to carry the
passengers safely and securely
to their destination with
utmost and extraordinary
diligence
2.
Negligence – Article 1173
a.
the failure to exercise that degree of
diligence, care, precaution or vigilance
which the following circumstances
require:
Proximate Cause
a.
The cause of the cause of the evil
caused
b.
The adequate and efficient cause,
which in the natural order of events,
necessarily produces the damages or
injuries complained of
c.
Review Damnum Absque Injuria –
Damage W/O Injury
i. Person
ii. Place
iii. Time
Notes by Stephanie Dawn Sibi Gok-ong
OBLICON
Contract of Carriage
Atty. Daryl Bretch Largo
USC
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.
2.
Rules on Acquittal

The acquittal of an accused does not carry with it the extinction of civil
liability when
o
acquittal was based on reasonable doubt
o
court determines that there is only a civil liability
o
the civil liability of the accused does not arise or is not based
on the crime for which he was acquitted.
Situation:

At 4:30 PM on a Wednesday afternoon, X was driving at 120 kmp. As he was
nearing CIT-U, his mobile phone rang and he looked to see who was calling him.
th
Because of this, he failed to notice that D, a 5 grader was crossing the street
using the pedestrian lane. D died instantaneously. A, B, and C suffered physical
injuries.
1.
Y is civilly liable for breach of the Contract of Carriage with
regard to ABC
2.
X is criminally liable for D’s death – Reckless Imprudence
resulting to Homicide
3.
X & Y are also civilly liable for D’s death based on quasi-delict
4.
X is also civilly liable for ABC’s injuries based on quasi-delict
Notes:
1.
Article 2177 - acquittal from an accusation of criminal negligence, whether
on reasonable doubt or not, shall not be a bar to a subsequent civil action,
not for civil liability arising from criminal negligence, but for damages due
to a quasi-delict or ‘culpa aquiliana’. But said article forestalls a double
recovery.
Notes by Stephanie Dawn Sibi Gok-ong
OBLICON
3.
On the other hand, acquittal of an accused carries the extinction of
civil liability when
o
there is a finding on the final judgment in the criminal action
that the act or omission from which the civil liability may arise
did not exist or
o
the accused did not commit the acts or omission imputed to
him.
Caso Fortuito – Fortuitous Events

A caso fortuito presents the following essential characteristics:
i. The cause of the unforeseen and unexpected occurrence,
or of the failure of the debtor to comply with his
obligation, must be independent of the human will.
ii. It must be impossible to foresee the event which
constitutes the caso fortuito, or if it can be foreseen, it
must be impossible to avoid.
iii. The occurrence must be such as to render it impossible
for the debtor to fulfill his obligation in a normal manner.
Atty. Daryl Bretch Largo
USC
iv. And the obligor (debtor) must be free from any
participation in the aggravation of the injury resulting to
the creditor.
Notes by Stephanie Dawn Sibi Gok-ong
OBLICON
Atty. Daryl Bretch Largo
USC