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Philippine Law: Obligations & Contracts Explained

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Law Obligation and Contracts

Article 1156 of the Civil Code of the Philippines
defines obligations. It states:
"Article 1156. An obligation is a juridical
necessity to give, to do or not to do."
This means that an obligation is a legal duty that
requires a person to perform (or refrain from
performing) a specific act. These obligations can
fall into three broad categories:
1. To Give – A duty to deliver something
(e.g., goods, property, money).
2. To Do – A duty to perform an action or
service.
3. Not to Do – A duty to refrain from
performing certain actions.
Employment Contract: If you hire
someone to be a driver, the driver has an
obligation to drive your vehicle and
transport you as agreed in the contract.
o To Do: The driver’s obligation is
to perform the action of driving
and
providing you with
transport.
o To Give: In return, you’re
obligated to give the driver
compensation, like a salary or
wage.
3. Obligation Not to Do (to refrain from doing
something)
This type of obligation involves refraining from a
specific act.
Example:
Breaking Down the Types of Obligations with
Examples

1. Obligation to Give (to deliver something)
This type of obligation involves the delivery of a
thing or item.
Example:

Sale of a House: If you buy a house, the
seller has the obligation to give you the
property. You, on the other hand, are
obligated to give the agreed purchase
price.
o To Give: The seller's obligation
is to give you the house (deliver
the property).
o To Do: Your obligation is to pay
the price of the house as agreed
in the contract.
2. Obligation to Do (to perform an action or
service)
This involves performing a specific act or
providing a service.
Example:
Non-compete Clause in Employment:
If you’re an employee, you might be
bound by a clause in your employment
contract that says you’re prohibited from
working for a competing company for a
certain period after leaving your
employer.
o Not to Do: Your obligation is not
to work for a competitor after
leaving your current employer.
o To Do: Your employer's
obligation
is
to
provide
compensation and possibly other
benefits according to the
contract.
More Detailed Examples:
1. Obligation to Give (Transfer of Property):

Example: A person sells their car to
another and agrees to transfer ownership.
o Obligation of the Seller (to
give): The seller must transfer
the car to the buyer.
o Obligation of the Buyer (to
give): The buyer must pay the
agreed purchase price to the
seller.
2. Obligation to Do (Providing Services):

Example: A contractor agrees to build a
house for a client within a certain period.
o Obligation of the Contractor
(to do): The contractor has to
complete the construction of the
house according to the contract.
o Obligation of the Client (to
give): The client must pay the
contractor the agreed price for
the construction work upon
completion.
1.
2.
3.
4.
5.
Law
Contracts
Quasi-contracts
Acts or omissions punished by law
Quasi-delicts."
This article identifies five sources from
which obligations arise, meaning that
obligations (or legal duties) can be created or
imposed in several ways. Let’s break down
each source and provide examples.
1. Obligations Arising from Law
3. Obligation Not to Do (Refrain from a
Specific Action):

Example: A person promises not to
disclose confidential information about a
company (non-disclosure agreement).
o Obligation of the Employee
(not to do): The employee is
obliged
to
refrain
from
disclosing any company secrets
or confidential information to
outside parties.
o Obligation of the Employer (to
give): The employer is required
to provide the employee with
compensation (salary) and other
benefits as agreed.
Some obligations are automatically created
by law. These obligations do not require the
consent of the parties involved. They are
imposed by the law itself.
Example:

Conclusion:
Article 1156 emphasizes that obligations under
contracts are legal duties to either provide
something, do an action, or refrain from doing
something. These obligations arise from various
types of contracts (e.g., sale, services, noncompete) and are enforceable by law. The key
point is that these obligations are not just
voluntary but are juridical necessities—meaning
they have legal consequences if not fulfilled.
Article 1157 of the Civil Code of the
Philippines defines the sources of
obligations. It states:
"Article 1157. Obligations
obligations which arise from:
are
civil

Tax Obligation: Citizens and
businesses are legally required to pay
taxes to the government. This
obligation arises by virtue of the law,
specifically tax laws.
o Source: The obligation to pay
taxes is created by tax laws.
o Duty: The citizen or business
must pay taxes as mandated
by the government.
Family Obligations: Parents have a
legal obligation to support their minor
children. This is a duty imposed by
family law.
o Source: The obligation to
provide support for children is
found in the Family Code.
o Duty: Parents must provide
food, shelter, education, and
other necessities for their
children.
2. Obligations Arising from Contracts
Example:
When two or more parties enter into an
agreement, they create obligations that are
enforceable by law. These obligations are a
result of the contract itself.

Example:


Sale Agreement: If a person enters
into a contract to buy a car from a
seller, both parties are obligated to
fulfill their respective parts of the
agreement.
o Source: The obligation to
transfer the car and the
obligation to pay the agreed
price arise from the sale
contract.
o Duty: The seller must deliver
the car, and the buyer must
pay the agreed amount.
Lease Contract: If you lease an
apartment, you have an obligation to
pay the agreed rent, and the landlord
has the obligation to provide the
apartment as agreed.
o Source: The lease agreement
itself creates obligations.
o Duty: You must pay the rent
on time, and the landlord must
maintain the apartment.
3. Obligations Arising from QuasiContracts
A quasi-contract arises from situations
where there is no formal contract, but one
party has received a benefit at the expense of
another, creating an obligation to make
restitution.

Unsolicited
Goods:
Imagine
someone mistakenly receives a
package of goods that they didn’t
order. If the recipient uses or benefits
from the goods, they may be
obligated to return the goods or
compensate the sender.
o Source: The obligation arises
from
a
quasi-contract
(specifically,
"solutio
indebiti," or payment of
something not owed).
o Duty: The recipient must
return the goods or pay for
them if they were used or
consumed.
Emergency Assistance: If someone
helps another person in an emergency
(e.g., paying for medical services for
someone who’s unconscious and
unable to make decisions), the person
receiving the benefit might be
obligated to compensate the helper
later.
o Source: The obligation arises
from the quasi-contract of
"negotiation for another's
benefit".
o Duty: The recipient should
pay for the medical services or
reimburse the person who
helped.
4. Obligations Arising from Acts or
Omissions
Punished
by
Law
(Criminal Acts)
This source of obligation refers to situations
where a person’s act or omission causes harm
and is punishable under criminal law. The
person responsible is obligated to pay
damages to the victim.
o
Example:


Criminal Act (Theft): If someone is
convicted of theft and steals a
valuable item, they have a criminal
obligation. Beyond serving a
sentence, the criminal may also have
a civil obligation to return the stolen
property or compensate the victim for
the loss.
o Source: The obligation arises
from a criminal act (theft).
o Duty: The thief must return
the stolen property or pay for
its value.
Damages for Personal Injury: If
someone is injured in an accident
caused
by
another
person's
negligence, the responsible person
may have an obligation to pay for
medical expenses and other damages.
o Source: The obligation arises
from an act (negligence) that
is punishable by law.
o Duty: The person at fault
must compensate the injured
party.
5. Obligations Arising from QuasiDelicts
A quasi-delict (or tort) is an act or omission
that causes damage to another, for which the
responsible person is required to pay
compensation, even if no criminal act was
involved.
Example:

Car Accident (Negligence): If
someone causes a car accident due to
careless driving, they are responsible
for the damages caused to the other
party, even if they did not commit a
crime.

Source: The obligation arises
from
a
quasi-delict
(negligence).
o Duty: The person who caused
the accident must compensate
the injured party for damages,
including medical bills, lost
wages, and repair costs.
Slip and Fall Accident: If a store
fails to clean up a spill and a customer
slips and gets injured, the store owner
may be held liable for the damages
under quasi-delict law.
o Source: The obligation arises
from a quasi-delict (failure to
maintain safety).
o Duty: The store owner must
pay for medical expenses and
any other costs resulting from
the accident.
Conclusion
Article 1157 explains that obligations can
arise from five main sources:
1. Law – Obligations created by specific
laws (e.g., tax obligations, family
support).
2. Contracts – Obligations created by
mutual
agreement
(e.g., sale
contracts, lease agreements).
3. Quasi-contracts
–
Obligations
created in situations that require
restitution or compensation (e.g.,
unsolicited
goods,
emergency
services).
4. Acts or omissions punished by law
– Obligations arising from criminal
acts that result in harm (e.g., theft,
causing injury).
5. Quasi-delicts – Obligations arising
from negligence or acts that cause
harm to others (e.g., car accidents,
slip-and-fall cases).
Each of these sources provides a foundation
for legal obligations that are enforceable by
law.
contractual obligations in a
manner that respects the spirit
and purpose of the agreement.
Article 1158 of the Civil Code of the
Philippines states:
Examples to Illustrate Article 1158:
"Article 1158. Obligations arising from
contracts have the force of law between the
contracting parties and should be
complied with in good faith."
This provision emphasizes the binding
nature of contracts and the expectation that
parties must perform their obligations under
the contract with honesty and fairness.
Example 1: Sale of Goods
Imagine a buyer and seller enter into a
contract for the sale of a car. The buyer agrees
to pay PHP 500,000, and the seller agrees to
deliver the car within one week.

Breaking Down the Article:

1. Obligations from Contracts Have
the Force of Law:
o When two parties enter into a
contract, the terms and
conditions they agree upon are
not just informal promises.
They are legally enforceable.
o The law treats the contract as
if it were a law between the
parties. Both parties are
required to fulfill their
obligations as agreed upon. If
one party fails to comply, the
other party can seek legal
remedies to enforce the
contract or claim damages.
2. Compliance with Good Faith:
o The concept of good faith
means that both parties must
act honestly and fairly,
without attempting to deceive
or undermine the other party.
o It’s a legal principle requiring
transparency and fairness
throughout the execution of
the contract. Parties are
expected to fulfill their

Obligation of the Buyer (to give):
The buyer must pay the agreed PHP
500,000 on time.
Obligation of the Seller (to give):
The seller must deliver the car in the
agreed condition and within the
specified time.
Good Faith: If the seller delays the
delivery without a valid reason, or the
buyer refuses to pay after receiving
the car, the other party can take legal
action. Both parties are expected to
act fairly and fulfill their promises as
agreed in the contract.
Example 2: Lease Agreement
Suppose you sign a lease agreement with a
landlord to rent an apartment for one year.
The terms include paying PHP 20,000 per
month in rent, with the landlord providing
maintenance and ensuring the apartment
remains habitable.


Obligation of the Tenant (to give):
You must pay the monthly rent of
PHP 20,000 on time.
Obligation of the Landlord (to do):
The landlord must maintain the
apartment and provide necessary
repairs when required.

Good Faith: If the landlord fails to
repair the apartment or refuses to
address issues affecting your stay,
you may take legal action to enforce
the contract. Similarly, if you fail to
pay rent, the landlord has the right to
seek legal action.


Example 3: Freelance Contract (Service
Agreement)
You hire a freelancer to design a website for
your business. The freelancer agrees to
deliver the completed website in one month
for a fee of PHP 50,000.



Obligation of the Client (to give):
You must pay the freelancer the
agreed PHP 50,000 once the website
is delivered.
Obligation of the Freelancer (to
do): The freelancer must design and
deliver the website within the agreed
time frame and according to the
agreed specifications.
Good Faith: If the freelancer does not
deliver the website as agreed, you
may claim damages. Conversely, if
you refuse to pay after the freelancer
completes the work as promised, you
would be violating the contract.
Example 4: Construction Contract
A contractor agrees to build a house for a
homeowner at an agreed price and within a
set timeframe. The contract specifies that the
contractor will provide the necessary
materials and labor.

Obligation of the Homeowner (to
give): The homeowner must pay the
contractor the agreed price for the
construction, either in full or
according to the payment terms set in
the contract.
Obligation of the Contractor (to
do): The contractor must build the
house as per the agreed specifications
and within the agreed timeframe.
Good Faith: If the contractor doesn’t
meet the construction standards or
delays the project without cause, the
homeowner
can
demand
compensation or take legal action. If
the homeowner fails to pay, the
contractor can seek legal recourse.
Key Takeaways from Article 1158:



Legally Binding: Contracts are more
than just informal agreements; they
are enforceable by law. The
obligations within a contract are
treated as a law between the parties.
Good Faith: Both parties must
perform their obligations with
honesty, fairness, and sincerity. A
party cannot act in a way that
undermines the purpose of the
contract or deceives the other party.
Enforceable Rights: If one party
fails to comply with their contractual
obligations, the other party has the
right to seek legal remedies, such as
enforcing the contract or claiming
damages.
In essence, Article 1158 highlights that
contracts, once made, create legal obligations
that must be honored in a fair and truthful
manner by all parties involved.
Article 1159 of the Civil Code of the
Philippines states:
"Article 1159. Obligations arising from
contracts have the force of law between the
contracting parties and must be complied
with in good faith."
This article is essentially a repetition of
Article 1158 and emphasizes the binding
nature of contracts between parties.
However, it is important to note that Article
1159 highlights that the obligations arising
from contracts are enforceable by law, and
both parties must comply with their promises
in good faith.

Breaking it Down:



Obligations from Contracts Are
Binding: When two parties enter into
a contract, the terms and conditions
agreed upon have the same force as
law between them. In other words, the
contract is not just a voluntary
agreement, but it is legally
enforceable. If a party fails to perform
its obligations under the contract, the
other party can seek legal recourse.
Compliance in Good Faith: The
article also reiterates that the parties
must comply with the contract
honestly and fairly, without
attempting to deceive or undermine
the other party. This is a core
principle of contract law, ensuring
that both parties act in a way that
upholds the spirit and intent of the
agreement.
Examples of Article 1159 in Action:

Example 2: Employment Contract
Suppose you sign a contract with a company
to work as a marketing manager. You agree
to work for the company for one year and
receive a salary of PHP 50,000 per month.


Example 1: Loan Agreement
Imagine you and a bank enter into a loan
contract. You agree to borrow PHP 500,000,
and in exchange, you promise to repay the
loan with interest in monthly installments
over a period of 5 years.
Obligation of the Borrower (to
give): You, as the borrower, are
obligated to repay the PHP 500,000
loan along with the agreed interest in
monthly installments.
Obligation of the Bank (to give):
The bank is obligated to provide the
loan amount (PHP 500,000) upfront,
as agreed in the contract.
Good Faith: You are expected to
make payments on time and with the
full amount as agreed. If you fail to
make payments, the bank has the right
to take legal action to recover the
money. Similarly, the bank must also
ensure that the loan is provided
according to the terms agreed upon,
without imposing additional unfair
fees or changing the terms
unexpectedly.

Obligation of the Employee (to do):
You are obligated to perform your
duties as marketing manager as
stipulated in the contract (e.g.,
handling campaigns, overseeing
marketing strategies).
Obligation of the Employer (to
give): The employer must pay your
salary of PHP 50,000 every month, as
agreed in the contract.
Good Faith: Both parties must act in
good faith. The employer cannot
withhold payment or change your
duties in a way that is detrimental to
you. Similarly, you must fulfill your
work duties in a professional manner.
If either party fails to comply with the
contract's terms, legal action may be
taken.
Example 3: Construction Contract
Imagine you hire a contractor to build your
house. You agree on a price of PHP 2 million,
with the project scheduled to be completed in
12 months.



Obligation of the Client (to give):
You must pay the contractor
according to the payment schedule
outlined in the contract (e.g., 30%
upfront, 30% after half the work is
done, and the remaining 40% upon
completion).
Obligation of the Contractor (to
do): The contractor must complete
the construction work within the 12month period, using the materials and
design as agreed.
Good Faith: The contractor must
complete the house according to the
terms without unnecessary delays or
substandard work. You must also
make payments on time and not
withhold payments once work is
completed as per the contract.
Example 4: Service Contract
You hire a graphic designer to create a logo
for your business. The agreed price is PHP
30,000, and the designer promises to deliver
the final logo in 2 weeks.


Obligation of the Client (to give):
You must pay the designer the agreed
PHP 30,000 once the work is
completed.
Obligation of the Designer (to do):
The designer must deliver the final
logo according to the specifications
and within the agreed time frame.

Good Faith: If the designer fails to
deliver the logo on time, you can ask
for a refund or compensation.
Conversely, if you refuse to pay the
agreed amount after the work has
been delivered, you are violating the
contract.
Key Points of Article 1159:
1. Contractual
Obligations
Are
Legally Binding:
o When parties enter into a
contract,
they
create
obligations
that
are
enforceable by law.
o The law recognizes the
contract
as a binding
commitment between the
parties.
2. Good Faith:
o Both parties must fulfill their
obligations in good faith,
meaning they should act
honestly and fairly.
o No party should try to evade
the terms of the contract or act
in a way that undermines the
agreement.
3. Enforceability:
o If a party fails to comply with
the terms of the contract, the
other party can take legal
action to seek remedies such
as enforcement of the contract
or damages.
Conclusion:
Article 1159 reinforces that contracts are not
just private agreements, but they carry legal
weight. Both parties are legally bound to
comply with the terms of the contract and
must do so in good faith. This provision
provides a framework for ensuring that
contracts are honored and offers legal
recourse when a party fails to meet their
obligations.
Article 1160 of the Civil Code of the
Philippines states:
"Obligations derived from quasi-contracts
shall be subject to the provisions of
Chapter 1, Title XVII, of this Book."
What is a Quasi-Contract?
A quasi-contract is an obligation that is not
based on a formal contract or agreement
between parties, but it arises because one
party has been unjustly enriched at the
expense of another. In other words, a quasicontract is an obligation created by law in
situations where there is no prior agreement,
but one party must compensate the other for
the benefits received or the harm caused.
Under Article 1160, these obligations arising
from quasi-contracts are governed by the
provisions found in Chapter 1, Title XVII,
which covers quasi-contracts in the Civil
Code of the Philippines (specifically Articles
2142-2144).
What is the Significance of Chapter 1,
Title XVII?
This chapter outlines the legal rules that
apply to obligations arising from quasicontracts. It includes the following main
provisions:


Article 2142 – Defines quasicontracts.
Article 2143 – Addresses the
obligation to restore something

received by mistake or without cause
(also called solutio indebiti).
Article 2144 – Deals with
negotiation for another’s benefit or
situations where one person assists
another in an emergency or provides
services without a contract.
Examples of Quasi-Contracts and
How Article 1160 Applies:
Example 1: Solutio Indebiti (Payment of
Something Not Owed)
Imagine that you accidentally pay someone
PHP 50,000 for a service that was not actually
provided, due to a mistake.




Situation:
You
mistakenly
transferred PHP 50,000 to someone’s
bank account for a service that was
never agreed upon or rendered.
Quasi-Contract: Since the payment
was made by mistake, there’s an
obligation for the recipient to return
the money to you.
Legal Basis: According to Article
2143, you have the right to demand
the return of the PHP 50,000 as the
payment was not owed to the
recipient.
Article 1160’s Application: The
obligation to return the payment
arises from a quasi-contract, and this
obligation is governed by the
provisions of Chapter 1, Title XVII,
including the rules outlined in Article
2143. The person who received the
mistaken payment is obliged to return
it.
Example 2: Negotiation for Another’s
Benefit (Unsolicited Services)
Imagine you find a wallet on the street and, in
an attempt to return it to its rightful owner,
you contact the owner and handle the
situation.




Situation: You found a lost wallet
and took the initiative to contact the
rightful owner and return it to them,
without being asked to do so.
Quasi-Contract: Although there was
no contract between you and the
owner, you performed a service by
returning the wallet.
Legal Basis: According to Article
2144, the owner of the wallet is
required to compensate you for your
services (the effort you spent in
locating and returning the wallet), as
you have provided a benefit to them.
Article 1160’s Application: The
obligation for the owner to
compensate you arises from a quasicontract (negotiation for another's
benefit), and this obligation is
governed by the provisions of
Chapter 1, Title XVII, particularly
Article 2144.
Example 3:
(Necessaries
Agreement)
Emergency
Provided


Example 4: Goods Delivered Without
Contract (Mistaken Delivery)
Imagine a store mistakenly delivers an order
of goods to your home, thinking you ordered
them. You decide to keep the goods without
notifying the store, even though you didn’t
order them.

Assistance
Without

Suppose you come across someone who has
been in a car accident and, without any prior
agreement, you help them by paying for their
medical expenses.


Situation: You pay PHP 20,000 to
cover the medical expenses of a
person who was injured in an
accident. There was no prior
agreement to do so, but the person
was unable to pay for the treatment.
Quasi-Contract: Even though you
didn’t have a contract with the injured
person, you acted to provide them
with necessary assistance during an
emergency.
Legal Basis: According to Article
2144, you can be reimbursed for the
PHP 20,000 because you have
provided a necessary service or
benefit to the other person in a
situation where they couldn’t afford
the medical treatment.
Article 1160’s Application: The
obligation to reimburse you for the
medical expenses arises from a quasicontract (emergency assistance), and
this obligation is subject to the rules
provided in Chapter 1, Title XVII,
particularly Article 2144.


Situation: The store mistakenly
delivers goods to your address, and
you receive them without making a
purchase. The store may ask you to
return the goods or pay for them.
Quasi-Contract:
Although
no
contract existed, you have received
goods from the store that were
delivered without any agreement or
order. The law requires that you
return the goods or pay for them, as
keeping them without compensation
would unjustly enrich you.
Legal Basis: Article 2143 of the Civil
Code applies here because the goods
were delivered by mistake, and you
are required to either return them or
compensate the store for their value.
Article 1160’s Application: The
obligation to either return the goods
or pay for them arises from a quasicontract (solutio indebiti), and it is
governed by the provisions in
Chapter 1, Title XVII, particularly
Article 2143.
Key Takeaways from Article 1160:



Quasi-Contracts:
These
are
obligations that arise in situations
where no formal contract exists, but
the law imposes an obligation due to
one party’s unjust enrichment or
benefit at the expense of another.
Legal Framework: Article 1160
directs us to the provisions in
Chapter 1, Title XVII of the Civil
Code, which govern quasi-contracts
and the obligations that arise from
them, such as solutio indebiti,
negotiation for another’s benefit,
and emergency assistance.
Enrichment at Another's Expense:
Quasi-contracts ensure that when one
party benefits at the expense of
another, the law requires them to
compensate the other party to restore
fairness.
Conclusion:
Article 1160 makes it clear that obligations
arising from quasi-contracts, such as
mistaken payments, emergency assistance, or
unintended benefits, are governed by the
provisions of Chapter 1, Title XVII of the
Civil Code. The law aims to prevent unjust
enrichment by requiring parties to
compensate others for services or benefits
received without a formal contract.
Article 1161 of the Civil Code of the
Philippines states:
"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."
This provision deals with the civil liability
that arises from criminal offenses, meaning
that if a person commits a crime, they may
not only face criminal penalties (like
imprisonment or fines), but they may also be
civilly liable for any damages caused by their
crime.
Let’s break down the different parts of
Article 1161 and understand its implications:
Key Points from Article 1161:
1. Civil Obligations from Criminal
Offenses:
o This refers to situations where
a person commits a crime and,
as a result, has an obligation to
pay for the damages caused by
that crime.
o For example, if someone
commits a tort (like an assault
or theft), they may be required
to compensate the victim for
any physical, emotional, or
property damages resulting
from the crime, in addition to
facing criminal penalties.
2. Governed by Penal Laws:
o The civil obligations arising
from a criminal offense are
subject to the penal laws.
This means that the civil
liability must be in line with
the criminal law provisions,
which
determine
the
responsibility for the offense.
o For example, the punishment
for a crime (like imprisonment
or fines) can influence the
extent of the civil liability for
damages.
3. Provisions of Article 2177:
o Article 2177 of the Civil
Code relates to torts and
quasi-delicts (civil wrongs).
It states that anyone who
causes damage to another
through fault or negligence is
obliged to pay for the
damages.
o In the context of Article 1161,
this provision clarifies that if a
criminal act results in harm to
someone
(for
example,
through
negligence
or
intentional
harm),
the
offender
is
liable
to
compensate for the damages
caused by their act.
4. Pertinent Provisions of Chapter 2,
Preliminary Title on Human
Relations:
o This section of the Civil Code
discusses
the
general
principles of human relations
and obligations between
individuals, which include
good faith, respect, and
fairness.
o In terms of criminal liability,
it
ensures
that
civil
obligations arising from
crimes are carried out in a
manner that aligns with the
general principles of human
relations, such as fairness and
justice in compensating the
victim.
5. Title
XVIII
on
Regulating
Damages:
o
o
Examples
Works:
Title XVIII of the Civil Code
outlines rules concerning
damages that are awarded in
civil cases, including those
arising from criminal acts.
It regulates how much
compensation a victim should
receive for harm caused by
criminal acts, considering
factors such as actual
damages, moral damages,
and exemplary damages.
of
How
Article
1161
Example 1: Assault (Physical Injury)
Suppose X physically assaults Y, resulting in
Y suffering from injuries. X is criminally
prosecuted for physical injury, and in
addition to facing criminal penalties (such as
imprisonment or a fine), X can also be held
civilly liable to compensate Y for the
damages caused by the assault.


Criminal Liability: X may face jail
time or fines as determined by the
penal code for assault.
Civil Liability: Y can file a civil case
against X for the damages (medical
expenses, lost wages, pain and
suffering, etc.) caused by the assault.
o Under Article 1161, the penal
laws govern X’s criminal
liability, while Article 2177
and provisions under Title
XVIII of the Civil Code help
determine the civil damages
(such as actual, moral, and
exemplary damages) that Y is
entitled to.
Example 2: Theft
Suppose A steals a valuable piece of jewelry
from B. A is arrested and faces criminal
charges for theft under the Penal Code. In
addition to the criminal penalty (which could
include imprisonment or fines), A also has a
civil obligation to compensate B for the
value of the stolen jewelry.


Criminal Liability: A may face
imprisonment or fines as per the Penal
Code provisions on theft.
Civil Liability: B may file a civil suit
for the return of the stolen item or for
the value of the item if it cannot be
returned.
o Article 1161 makes it clear
that the civil obligation to pay
for the stolen property or its
equivalent in value follows
the criminal case, and Article
2177 would apply if B has
suffered additional damages,
such as emotional distress or
loss of use.
o Under the Title XVIII on
Damages, B can claim moral
damages or exemplary
damages in addition to the
actual value of the stolen
property.

Example 4: Defamation (Libel)
Suppose E falsely accuses F of committing a
crime (like theft), which causes F to suffer
damage to their reputation. E may face a
criminal charge of libel under the Penal
Code.


Example 3: Negligence Resulting in Injury
(Car Accident)
Let’s say C causes a car accident by driving
recklessly, injuring D. C is criminally liable
for reckless imprudence resulting in physical
injury. In addition to the criminal penalty, C
is also civilly liable to compensate D for the
injuries sustained in the accident.

Criminal Liability: C could be
imprisoned or fined under the
Revised Penal Code for reckless
imprudence resulting in physical
injury.
Civil Liability: D has the right to file
a civil lawsuit for the medical costs,
pain and suffering, and any other
losses resulting from the injury.
o Article 1161 states that C’s
civil obligation to compensate
for damages is governed by
the
penal
laws
(in
determining C’s criminal
liability for the accident) and
the provisions of Article 2177
for tort liability.
o If D’s injuries are severe, D
can claim moral damages
and exemplary damages as
provided under the Civil
Code.
Criminal Liability: E could face
criminal
penalties
such
as
imprisonment or fines under the law
governing libel.
Civil Liability: F has the right to file
a civil case for damages due to the
harm to their reputation, which may
include both actual damages (like loss
of income) and moral damages for
the emotional distress caused.
o In this case, Article 1161
makes it clear that E’s civil
obligation to compensate for
the
damages
to
F’s
reputation is also subject to
the provisions of the penal
laws (for the criminal act of
libel) and the rules for
damages under the Civil
Code (such
damages).
as
moral
Conclusion:
Key Takeaways from Article 1161:
1. Civil Liability from Crimes: When
someone commits a criminal offense,
they may also be civilly liable to
compensate the victim for any
damages caused, in addition to the
criminal penalties.
2. Governing Rules: The civil
obligations arising from criminal
offenses are governed by:
o Penal laws (for the criminal
penalty).
o Article 2177 of the Civil
Code (which deals with torts
and quasi-delicts, such as
when someone causes harm
through criminal acts).
o Chapter
2
of
the
Preliminary Title on Human
Relations (which outlines
general principles of human
interaction, like good faith).
o Title XVIII of the Civil Code
on Damages (which regulates
types of damages, such as
actual, moral, and exemplary
damages).
3. Types of Damages: Victims of
crimes can claim different kinds of
damages, including:
o Actual
Damages
(compensation for the actual
loss or harm).
o Moral
Damages
(for
emotional
distress
or
reputational harm).
o Exemplary Damages (to
punish particularly egregious
behavior).
Article 1161 ensures that a person who
commits a crime is not only punished
criminally but may also be required to
compensate the victim for the harm caused by
their actions. The article refers to the
provisions of the Civil Code regarding
damages, ensuring that victims can claim
appropriate compensation based on the
nature of the crime and its effects on their
well-being.
Article 1162 of the Civil Code of the
Philippines states:
"Obligations derived from quasi-delicts
shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by
special laws."
What is a Quasi-Delict?
A quasi-delict (also known as a tort or civil
wrong) is an obligation that arises from a
person's negligence or fault, which causes
harm or injury to another person. Quasidelicts do not arise from an intentional act,
but from an act or omission that was careless,
reckless, or negligent, and results in harm to
someone else.
For example, if someone is injured in a car
accident caused by another person’s careless
driving, this would be a quasi-delict. The
person responsible for the harm may be
required to compensate the victim, even if the
act was not intentional.
Key Provisions of Chapter 2, Title
XVII:
Chapter 2, Title XVII of the Civil Code
deals specifically with quasi-delicts and
outlines the rules governing civil liability for
these types of acts. Key provisions include:




Article 2176 – Defines a quasi-delict
as an act or omission that causes
damage to another person due to fault
or negligence.
Article 2177 – Specifies that the
person responsible for the quasi-delict
(negligence or fault) must pay for the
damages caused.
Article 2178 – Clarifies that in case
of a quasi-delict, the defendant may
not be held liable if the victim was
also at fault.
Article 2180 – Discusses the liability
of employers for quasi-delicts
committed by their employees in the
course of employment.
What Does Article 1162 Mean?
Article 1162 directs that obligations arising
from quasi-delicts are governed primarily
by the provisions found in Chapter 2, Title
XVII, which includes the rules on
negligence, fault, and the responsibility for
damage caused by one’s carelessness or
neglect. Additionally, special laws (such as
traffic laws, workplace safety laws, and other
specific regulations) may apply in certain
situations.
Examples of Article 1162 in Action:
Example 1: Car Accident
Negligence (Quasi-Delict)
Due
to B. The accident occurred because of A’s
negligence in following traffic rules.



Here, Article 1162 makes it clear that the
obligation of A to compensate B is governed
by Chapter 2, Title XVII, dealing with
quasi-delicts, and relevant special laws
regarding road safety.
Example 2: Injuries from Negligent
Supervision
(Quasi-Delict
in
the
Workplace)
Suppose C works for a construction
company. The company’s site manager, D,
fails to ensure that safety protocols are
followed, and C suffers an injury while on the
job because a piece of equipment was
improperly maintained.

to
Imagine A is driving and fails to stop at a red
light, causing a collision with B’s car,
resulting in damage to B’s vehicle and injury
Quasi-Delict: The act of A failing to
follow traffic rules constitutes a
quasi-delict. A is liable for the
damages to B’s car and B’s injuries
even though there was no intent to
harm.
Legal Basis: According to Article
2176, A is liable for the damage
caused by their negligence. Chapter
2, Title XVII of the Civil Code
governs this quasi-delict, and Article
2177 states that A is responsible for
the damages caused to B.
Special Laws: Traffic laws, such as
the Anti-Drunk and Drugged
Driving Act, may impose additional
penalties or obligations.

Quasi-Delict: D’s negligence in
failing to supervise the proper safety
procedures is considered a quasidelict.
Legal Basis: Under Article 2176, D
(and possibly the company as the
employer, under Article 2180) is

responsible for the damages caused
by C’s injury due to negligence.
Special Laws: Specific workplace
safety laws, like the Occupational
Safety and Health Standards Law
(OSHS), would apply in this case and
may
impose
additional
responsibilities on the employer.
In this case, Article 1162 clarifies that the
obligation for D and the company to
compensate C for the injury is governed by
Chapter 2, Title XVII (dealing with
negligence and quasi-delicts) and the special
laws related to workplace safety.
quasi-delicts) and any special laws related to
the safety of consumers.
Example 4: Defamation Due to Negligence
(False Accusations)
Suppose F accidentally spreads false
information about G that harms G’s
reputation, such as saying that G is involved
in illegal activities without checking the truth
of the claim. G suffers emotional distress and
loses business opportunities as a result of the
false accusation.

Example 3: Slip and Fall Accident in a
Store (Premises Liability)
Imagine E goes shopping at a grocery store.
While walking down an aisle, E slips and
falls because the store failed to clean up a
spill, causing E to injure themselves.

Quasi-Delict: The store’s failure to
maintain a safe environment for
customers (through negligence)
constitutes a quasi-delict.
Legal Basis: E can sue the store for
damages under Article 2176 since the
store’s negligence caused injury. The
store is required to compensate E for
medical expenses and any other
losses due to the injury.
Special Laws: Special laws
regarding premises liability and
consumer protection could impose
additional responsibilities on the
store, such as the Consumer Act of
the Philippines.




Quasi-Delict: F’s negligent behavior
in spreading false accusations
constitutes a quasi-delict (a wrongful
act without intent to harm but with
carelessness).
Legal Basis: Under Article 2176, F is
liable for the damage caused to G’s
reputation. Article 2177 will apply
to ensure that G is compensated for
the harm suffered.
Special Laws: Laws on defamation,
such as those found in the Revised
Penal Code, could apply to the
criminal aspects of the case, while
Article 2176 of the Civil Code would
govern the civil action for damages.
In this case, Article 1162 ensures that F’s
liability to compensate G for the damage to
their reputation is governed by the provisions
in Chapter 2, Title XVII regarding quasidelicts, and any special laws about
defamation or reputational harm.
Key Takeaways from Article 1162:
Under Article 1162, the obligation of the
store (through its management) to
compensate E for the injury is governed by
the provisions of Chapter 2, Title XVII (on
1. Quasi-delicts arise when a person’s
negligence or fault causes harm or
damage to another person, even if
there was no intent to cause harm.
2. Chapter 2, Title XVII of the Civil
Code governs obligations arising
from quasi-delicts, providing specific
rules for the liability of the negligent
party.
3. Special laws: In some cases, there are
additional laws that govern specific
situations related to negligence, such
as traffic laws, workplace safety
regulations, and consumer protection
laws. These special laws supplement
the general rules on quasi-delicts.
4. Compensation for Harm: The
person who caused the damage
through negligence is required to
compensate the victim for actual
damages, and possibly moral
damages or exemplary damages,
depending on the severity of the
negligence.
Conclusion:
Article 1162 directs that obligations arising
from quasi-delicts (civil wrongs caused by
negligence or fault) are governed by the
provisions of Chapter 2, Title XVII of the
Civil Code, and possibly by special laws that
apply to specific types of negligence (such as
in traffic, workplace safety, or consumer
protection). In such cases, the negligent party
is responsible for compensating the injured
party for the harm caused.
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