TITLE 1

OBLIGATIONS
Chapter 1
GENERAL
PROVISIONS

Patricia P. Sullano, J.D.

Art.1156. An obligation is a juridical
necessity to give, to do or not to do.
-The term obligation is derived from the
Latin word obligation which means
tying or binding.
Juridical necessity- in case of
noncompliance, the courts of justice
may be called upon by the aggrieved
party to enforce its fulfillment or in
default, the economic value that it
represents.
-Debtor or obligor may also be made
liable for damages.
-Nature of obligation under the Civil
Code- obligations which give to the
creditor or obligee a right under the law
to enforce their performance in courts
of justice is known as civil obligations.
Essential requisites of an
obligation
1. Passive subject
2. Active subject
3. Object or prestation
4. Juridical or legal tie
Form of obligations- refers to
the manner in which an
obligation is manifested or
incurred. It may be in oral,
writing or partly oral or partly
in writing.
1. As a general rule, the law
does not require any form in
obligations arising from
contracts for their validity or
binding force.
2. Obligations from other
sources do not have any form
at all.
Obligation, right and wrong
distinguished.
1. Obligation is the act or
performance which the law
will enforce.
2. Right, the power which a
person has under the law, to
demand from another any
prestation.
3. Wrong (cause of action),
according to its legal meaning, is
an act or omission of one party
in violation of the legal right or
rights (recognized by law) of
another. The term injury is also
used to refer to the wrongful
violation of the legal right of
another.
Kinds of obligation according
to the subject matter

1. Real obligation (obligations

to give) is that in which the
subject matter is a thing which
the obligor must deliver to the
obligee.
2. Personal obligation
(obligation to do or not to do) is
that in which the subject matter
is an act to be done or not to be
done. There are two kinds of
personal obligation:
a. Positive personal obligation
b. Negative personal obligation
Art. 1157. Obligations arise
from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions
punished by law; and
(5) Quasi-delicts
Sources classified
(1) Those emanating from law;
and
(2) Those emanating from private
acts which may be further
subdivided into:
(a) those arising from licit acts, in
the case of contracts and quasi-
contracts; and
(b) Those arising from illicit acts,
which may be either punishable
in the case of delicts or crimes, or
not punishable in the case of
quasi-delicts or torts.
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.

Legal obligations- Art. 1168

refers to legal obligations or
obligations arising from law. They
are not presumed because they
are considered a burden on obligor.
Art. 1159. Obligations arising
from contracts have the force of
law between the contracting
parties and should be complied
with in good faith.
Contractual obligations-
presupposes that contracts are
valid and enforceable.
Contract- a meeting of minds
between two persons whereby
one binds himself, with respect to
the other, to give something or to
render some service.
Contract
(1) Binding force
(2) Requirement of a valid
contract
Compliance in good faith-
means compliance or
performance in accordance with
the stipulations or terms of the
contract or agreement.
Art. 1160. Obligations derived
from quasi-contracts shall be
subject to the provisions of
Chapter 1, Title XVII of this
Book.
Kinds of quasi-contracts

1. Negotiorum gestio
2. Solutio indebiti
Art. 1161. 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 liability arising rom crimes

or delicts
1. Oftentimes, the commission of
a crime causes not only moral evil
but also material damage.
2. In crimes, however, which
cause no material damage (like
contempt, insults to persons in
authority, gambling, violations of
traffic regulations, etc.)
Scope of civil liability
(1) Restitution;
(2) Reparation for the damage
caused; and
(3) Indemnification for
consequential damages
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.
Requisites of quasi-delict
(1) There must be an act or
omission;
(2) There must be fault or
negligence;
(3) There must be damage
caused;
(4) There must be a direct relation
or connection of cause and effect
between the act or omission and
the damage; and
(5) There is no pre-existing
contractual relation between the
parties.
Crime distinguished from
quasi-delict
(1) In crime, there is criminal or
malicious intent or criminal
negligence, while in quasi-
delict, there is only negligence;
(2) In crime, the purpose is
punishment, while in quasi-
delict, indemnification of the
offended party;
(3) Crime affects public interest,
while quasi-delict concerns
private interest;
(4) In crime, there are generally
two liabilities: criminal and civil,
while in quasi-delict, there is only
civil liability;
(5) Criminal liability can not be
compromised or settled by the
parties themselves, while the
liability for quasi-delict can be
compromised as any other civil
liability; and
(6) In crime, the guilt of the
accused must be proved beyond
reasonable doubt, while in quasi-
delict, the fault or negligence of
the defendant need only be
proved by preponderance of
evidence.