Lesson 1 – Obligations: General Provisions
An obligation is a juridical necessity to give, to do or not to do. (Art. 1156, Civil Code of the Philippines
(“Civil Code”))
Obligations may be civil or natural. (Art. 1423, Civil Code)
Civil obligation as defined under Article 1156 of the Civil Code has a binding force wherein the creditor
or obligee is given the right to enforce the obligation against the debtor or obligor in a court of justice.
A natural obligation cannot be enforced by action in a court of justice but is binding on the person who
makes it in conscience according to natural law.
An obligation has four (4) essential requisites, to wit:
1. Juridical or legal tie;
2. Active subject;
3. Passive subject; and
4. Fact, prestation or service.
A juridical or legal tie binds the parties to the obligation, and which may arise either from bilateral or
unilateral acts of persons.
An active subject is the obligee or creditor who can demand the fulfillment of obligation.
A passive subject is the obligor or debtor from whom the obligation is juridically demandable.
The fact, prestation or service constitutes the object of the obligation.
Obligations arise from:
1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts. (Art. 1157, Civil Code)
Law is a rule of conduct, just and obligatory, promulgated by legitimate authority, for the common
observance and benefit of all.
A contract is a meeting of minds between to persons whereby one binds himself, with respect to the
other, to give something or to render some service. (Art. 1305, Civil Code)
Quasi-contracts are juridical relations arising from lawful, voluntary and unilateral acts, by virtue of
which the parties become bound to each other based on the principle that no one shall unjustly
enriched or benefited at the expense of another. (Art. 2142, Civil Code)
Acts or omissions punished by law pertain to felonies or criminal offenses provided under the Revised
Penal Code of the Philippines (“Revised Penal Code”) or other special laws. As a general rule, every
person liable for a felony is also civilly liable. (Art. 100, Revised Penal Code) Generally, crimes or felonies
has dual aspect – criminal and civil aspect.
A quasi-delict is the fault or negligence of a person, who by his act or omission, connected or
unconnected with but independent from any contractual relation, causes damage to another. (Art.
2176, Civil Code)