Legally engineered oblicon Right is the power to demand from another any

prestation

Legal wrong is an act or omission of a person in

Art. 1156 An obligation is a juridical necessity to violation of the legal right of another
give, to do or not to do/ obligation is the juridical
relation whereby a person known as creditor Elements of legal wrong or injury
may demand from another known as the debtor
1. Legal right in favor of plaintiff or creditor
the observance of a determinative conduct in
2. There is correlative legal obligation on
case of breach may obtain satisfaction from the
the part of the debtor not to violate the
asset of the latter
right
• Obligation came from the word 3. An act or omission in violation of the
Obligatio which means biding to the right which resulted into an injury or
parties of the obligation damage
• It is a passive aspect since it only focuses
Kinds of obligations
in the passive object
• Obligation is a juridical necessity Real – obligation to give
because the courts may compel the
Personal- obligation to do or not to do
person who’s obliged to deliver
- positive personal obligation: to do
- negative personal obligation: not to do

Nature of obligation:

Civil obligation- which give the creditor a right Art. 1157 An obligation arise from law,
under the law to enforce their performance in contracts, quasi contracts, acts or omissions
court of justice (for ex: loan) punished by law or quasi delicts
Natural obligation- it is not base on positive law,
Law- legal obligation imposed by law
but base on equity and natural law. It cannot be
enforce in courts and cannot demand Contracts- obligation arises from the
compliance but the debtor can comply stipulation of the parties
voluntarily (for ex: quasi contract)
Quasi contracts- arises from lawful
Obligation has essential requisites: voluntary or unilateral act which are
enforceable that no one shall unjustly
Passive subject- debtor or the person who is
benefit at the expense of another
vowed to the fulfillment of the obligation
Acts or omissions punished by law- crimes
active subject: creditor or the person who has
or delicts. When an obligation arises from
the right to demand for the fulfillment of an
civil liability as a consequence of criminal
obligation.
offense
object- the conduct required to be observed by
Quasi delicts- arises from damage cause by
the debtor
another through an act or omission there
juridical tie- source of obligation that binds the being fault or negligence but no contractual
parties to the obligation relation exist between the parties.
Art. 1158 Obligation derived from law are not mistake. The requisite; there is no right
presumed. Only those expressly determined in to receive the thing delivered, the thing
this code or in special laws are demandable, was delivered by mistake.
and shall be regulated by the precepts of the
Art. 1161 Civil obligation arising from criminal
law which establishes them; and as to what has
offenses shall be governed by the penal laws,
not been foreseen by the provisions of this
subject to the provisions of article 2177, and of
book.
the pertinent provisions of chapter 2,
- Obligation must be imposed by law or legal preliminary title. On human relations, and of
obligation, if it’s not provided by the law title XVIII of this book, regulating damages.
then there will be no obligation.
- Civil liability arising from crimes or
Art. 1159 Obligations arising from contracts delicts.
have the force of law between the contracting - Scope: art 104 of the revise penal code
parties and should be complied with in good talks about civil liability
faith. - - Restitution- babalik kung may
maibabalik
- It is contractual obligations but is not
- - Reparation- babayaran kung di
contrary to law, morals, public order, or
mababalik
public policy.
- - Indemnification for consequential
- Contract is valid if the 3 essential
damages- payment for moral damages
requisites of the contract exist; consent,
- Art. 2177 Responsibility for fault or
object and cause.
negligence under the preceding article is
- It should be complied with in good faith
entirely separate and distinct from the
means compliance in accordance with
civil liability arising from negligence
the stipulations of the contract.
under the Penal Code. But the plaintiff
- Breach of contract takes place when a
cannot recover damages twice for the
party fails or refuses to comply without
same act or omission of the defendant
legal reason with his obligation under
the contract. Art. 1162 Obligations derived from quasi-delicts
shall be governed by the provisions of chapter
Art. 1160 Obligations derived from quasi-
2, Title XVII of this book, and by special laws.
contract shall be subject to the provisions of
chapter 1, title XVII, of this book - Requisite:
1. there must be an act or omission
- There is no consent between the parties,
2.the act of omission cause damage to
but the consent is supplied by the fiction
another
of law.
3.damage was caused through fault or
- Two kinds of quasi contracts;
negligence
negotuirum gestio and solutio indebiti.
4. there must be direct connection
Negotuirum gestio is the voluntary
between the act or omission and the
management of the property of another
resulting damage
without the knowledge of the latter.
5. no pre-existing contractual relation
Solutio indebiti is a juridical relation
between the parties
which is created when something is
received when there is no right to Art. 1163 Every person obliged to give
demand it and it was delivered through something is also obliged to take care of it with
the proper diligence of a good father of a - Personal right- the right to demand from
family, unless the law or the stipulation of the the debtor the fulfillment of the latters
parties requires another standard of care obligation to give, to do or not to do
- Real right- the right or interest of the
- Duties of debtor in an obligation to give
person over specific thing without
or deliver a specific thing:
definite passive subject.
1. Preserve the thing
2. Deliver the fruits of the thing
- Actual delivery- when the thing is given
3. Deliver the accessories and
directly
accession
4. to deliver the thing itself
- Constructive delivery- the thing can’t be
5. to answer for damages in case of
delivered directly, but the thing needed
non-fulfillment or breach
to have access or ownership of the thing
- Duties of debtor in an obligation to give
(for ex: key of the car, title of land)
or deliver a generic or indeterminate
thing: Article 1165. When what is to be delivered is a
1. Deliver a thing which is of the quality determinate thing, the creditor, in addition to
intended by the parties the right granted him by article 1170, may
2. To be liable for damages in case of compel the debtor to make the delivery. If the
fraud, negligence, delay, or thing is indeterminate or generic, he may ask
contravention of the tenor thereof that the obligation be complied with at the
under art. 1170 expense of the debtor. If the obligor delays, or
has promised to deliver the same thing to two
- Diligence of a good father of a family or more persons who do not have the same
means ordinary care or due diligence. interest, he shall be responsible for any
- Example for clause 2, extra ordinary fortuitous event until he has effected the
diligence as to common carrier as delivery. (1096)
imposed by law (jeepney drivers are
- Specific thing- particulary designated or
obligated to drive with extra diligence
physically segrated from others of the
for the safety of his passengers)
same class
Art. 1164 The creditor has a right to the fruits of - Generic thing- it refers only to a class or
the thing from the time the obligation to deliver genus. Cannot be pointed out with a
it arises. However, he shall acquire no real right particularly.
over it until the same has been delivered to him
Distinction
- Kinds of fruits;
Generic Specific
1. Natural fruits- product of the soil
Identified by its specie Identified by its
without human intervention individuality
2. Industrial fruits- product of soil with Debtor can give Debtor cant
human intervention anything of the same substitute it to other
3. Civil fruits- derived from vitue of a class and of the same without the consent
juridical relation (example: rent of kind of creditor
building)
Article 1166. The obligation to give a be delivered or the service is to be rendered was
determinate thing includes that of delivering all a controlling motive for the establishment of
its accessions and accessories, even though they the contract; or (3) When demand would be
may not have been mentioned. (1097a) useless, as when the obligor has rendered it
beyond his power to perform. In reciprocal
Article 1167. If a person obliged to do
obligations, neither party incurs in delay if the
something fails to do it, the same shall be
other does not comply or is not ready to comply
executed at his cost. This same rule shall be
in a proper manner with what is incumbent
observed if he does it in contravention of the
upon him. From the moment one of the parties
tenor of the obligation. Furthermore, it may be
fulfills his obligation, delay by the other begins.
decreed that what has been poorly done be
undone. (1098) - Types of Delay:
Ordinary delay- the failure to perform
- It talks about positive personal
the obligations on time
obligation
Legal delay- failure to perform the
- Remedies if the debtor fails to do it:
obligations on time which failure
1. the creditor may do it himself but
constitutes a breach of obligations
the expense will be paid by debtor
Types of legal delay:
2. to recover for damages
Mora solvendi- the delay on the part the
- Remedies if the debtor do it but In
debtor to fulfill his obligations by reason
contrary of agreement or poorly done:
of a cause imputable to him. Requisites
1. What has been poorly done, shall be
to know there is mora solvendi: 1.
undone by debtor if possible
Failure of debtor to perform his positive
- Creditor can’t compel the debtor if the
obligation on the date agreed upon. 2.
debtor didn’t follow the agreement. But
Demand made by the creditor to be
the debtor will carry the expense
fulfilled by debtor. 3. Failure of the
needed to do what has been poorly done
debtor to fulfill the demand
or did but on contrary of agreement
Mora accipiendi- delay on the part of
because it will be Involuntary servitude
creditor without justifiable reason to
Article 1168. When the obligation consists in accept the performance of obligation
not doing, and the obligor does what has been Compensatio morae- delay of the
forbidden him, it shall also be undone at his obligors in reciprocal obligations. No
expense. actions default for both parties
- This article talks about legal delay.
- Talks about negative personal obligation
Article 1170. Those who in the performance of
Article 1169. Those obliged to deliver or to do their obligations are guilty of fraud, negligence,
something incur in delay from the time the or delay, and those who in any manner
obligee judicially or extrajudicially demands contravene the tenor thereof, are liable for
from them the fulfillment of their obligation. damages.
However, the demand by the creditor shall not
be necessary in order that delay may exist: (1) - Breach of obligations is voluntary.
When the obligation or the law expressly so - Pertaining to the incidental fraud- the
declare; or (2) When from the nature and the fraud happened at the execution of the
circumstances of the obligation it appears that contract
the designation of the time when the thing is to
Article 1171. Responsibility arising from fraud is Article 1174. Except in cases expressly specified
demandable in all obligations. Any waiver of an by the law, or when it is otherwise declared by
action for future fraud is void. (1102a) stipulation, or when the nature of the
obligation requires the assumption of risk, no
- Pertaining to incidental fraud.
person shall be responsible for those events
- Waiver on an action for past fraud is
which could not be foreseen, or which, though
valid.
foreseen, were inevitable. (1105a)
Article 1172. Responsibility arising from
- Fortuitous event- event that is
negligence in the performance of every kind of
impossible to foreseen and impossible
obligation is also demandable, but such liability
to avoid. Which means that the obligor
may be regulated by the courts, according to
is not liable to the obligation
the circumstances. (1103
Requisite of fortuitous event:
- Isn’t as serious as fraud since it’s not 1. Event must independent of the will
intentional. or of the obligor’s will.
- Kinds of negligence 2. The event could not be foreseen, but
1. Contractual negligence- negligence if foresee is impossible to avoid.
in contract resulting in breach 3. The event must be of such a
2. Civil negligence- quasi delicts character as to render it impossible
3. Criminal negligence- resulting in a for the obligor to comply with his
crime obligations in a normal manner.
- Effect of negligence 4. The obligor must be free from any
1. Plaintiff’s negligence is the cause of participation in the injury to the
his injury, the defendant will not be obligee
liable for the damages - General rule if there’s fortuitous event-
2. Plaintiff’s negligence is partly the a person is not responsible for loss or
cause of the damages, the award for damages.
the damages to the plaintiff will be Exception to general rule:
reduce. 1. When the debtor is guilty of fraud,
negligence, delay or contravention
Article 1173. The fault or negligence of the of tenor. (art 1170)
obligor consists in the omission of that diligence 2. When the debtor has promised to
which is required by the nature of the obligation deliver the same specific things to
and corresponds with the circumstances of the two or more person who do not
persons, of the time and of the place. When have the same interest (art. 1165)
negligence shows bad faith, the provisions of 3. When the obligation to deliver of the
articles 1171 and 2201, paragraph 2, shall specific thing arises from a criminal
apply. If the law or contract does not state the offense. Exception: unless the thing
diligence which is to be observed in the haven’t been offer by the debtor to
performance, that which is expected of a good the person who should receive but
father of a family shall be required. (1104a) did not accept without legal
- self explanatory justification (Mora accipiendi)
- The negligence is not presumed, but the 4. When the thing to be delivered is
plaintiff must prove the negligence of generic.
the defendant.
 5. When it is declared by the claims if the debtor didn’t comply with
stipulation of the party his obligations
6. When the nature of obligation - Remedies:
requires the assumption of risk. (for 1. Exact fulfillment with the right to
ex. Insurance) damages
2. Persue leviable property of the
Article 1175. Usurious transactions shall be
debtor
governed by special laws. (n)
3. Creditor may exercise the rights of
- Covers simple loan- is a contract the debtor with exceptions.
whereby one of the parties to deliver 4. Creditor may ask the court to
money or other consumable thing upon impugn acts made by the debtor to
the condition that the same amount of defraud them.
the same kind and quality shall be paid It
Article 1178. Subject to the laws, all rights
may be gratuitous or with a stipulation
acquired in virtue of an obligation are
to pay interest.
transmissible, if there has been no stipulation to
- Usurious transactions – is a contracting
the contrary
for or receiving interest in excess of the
amount allowed by law for the loan or - General rule- all rights acquired in virtue
use of money, goods or credits. of an obligation are transmissible
Exeception
Article 1176. The receipt of the principal by the
1. When prohibited by law (for ex: right
creditor without reservation with respect to the
in partnership)
interest, shall give rise to the presumption that
2. When prohibited by the stipulation
said interest has been paid. The receipt of a
of the party
later installment of a debt without reservation
as to prior installments, shall likewise raise the Article 1179. Every obligation whose
presumption that such installments have been performance does not depend upon a future or
paid. (1110a) uncertain event, or upon a past event unknown
to the parties, is demandable at once. Every
- Kinds of Presumption:
obligation which contains a resolutory
Conclusive- One that cannot be
condition shall also be demandable, without
contracdicted
prejudice to the effects of the happening of the
Rebuttable- One that can be
event.
contradicted
- Pure obligation is not subject to any
Article 1177. The creditors, after having
condition and no specific date and is
pursued the property in possession of the
immediately demandable
debtor to satisfy their claims, may exercise all
- Conditional obligation is subject to a
the rights and bring all the actions of the latter
condition. Future event but uncertain to
for the same purpose, save those which are
happy
inherent in his person; they may also impugn
Kinds of obligation
the acts which the debtor may have done to
- Suspensive condition- demandability of
defraud them
obligation is demandable once the
- Talks about remedies available to the condition is fulfilled
creditors for the satisfaction of their
 - Resolutory condition- if the condition is that the creditor is always interested in
fulfilled the obligation will be the fulfillment of obligations.
extinguished. - Resolutory condition depends upon the
sole will of debtor is still valid.
When is an obligation demandable at once?
- Casual condition- if suspensive
- When the obligation is pure condition depends upon chance or upon
- Obligation is subject to a resolutory the will of a third person, the obligation
condition is valid.
- Subject to a resolutory period - Mixed condition- if suspensive condition
depends upon chance and upon the will
Article 1180. When the debtor binds himself to of a third person, the obligation is valid.
pay when his means permit him to do so, the
obligation shall be deemed to be one with a Article 1183. Impossible conditions, those
period, subject to the provisions of article 1197 contrary to good customs or public policy and
those prohibited by law shall annul the
- Period- Future event but certain to obligation which depends upon them. If the
happen (for ex: death) obligation is divisible, that part thereof which is
Article 1181. In conditional obligations, the not affected by the impossible or unlawful
acquisition of rights, as well as the condition shall be valid. The condition not to do
extinguishment or loss of those already an impossible thing shall be considered as not
acquired, shall depend upon the happening of having been agreed upon
the event which constitutes the condition - Physically impossible- nature of things
- If the resolutory obligation fulfilled the they cannot exist or cannot be done
obligation will extinguished - Legally impossible- when they are
- If the suspensive condition is fulfilled the contrary to law, morals, good customs,
obligations will be demandable public order and public policy

Article 1182. When the fulfillment of the Article 1184. The condition that some event
condition depends upon the sole will of the happen at a determinate time shall extinguish
debtor, the conditional obligation shall be void. the obligation as soon as the time expires or if
If it depends upon chance or upon the will of a it has become indubitable that the event will
third person, the obligation shall take effect in not take place
conformity with the provisions of this Code Article 1185. The condition that some event will
- Potestative condition is a condition not happen at a determinate time shall render
suspensive in nature and depend upon a the obligation effective from the moment the
sole will of one of the contractive party time indicated has elapsed, or if it has become
- if the obligation depends on the sole will evident that the event cannot occur. If no time
of debtor the conditional obligation is has been fixed, the condition shall be deemed
void. But if the obligation is the pre- fulfilled at such time as may have probably
existing one the condition is void but the been contemplated, bearing in mind the nature
obligation is still valid. of the obligation
- Suspensive condition depends upon the Article 1186. The condition shall be deemed
sole will of creditors is valid. It means fulfilled when the obligor voluntarily prevents
its fulfillment
Article 1187. The effects of a conditional thing is improved by its nature, or by time, the
obligation to give, once the condition has been improvement shall inure to the benefit of the
fulfilled, shall retroact to the day of the creditor; (6) If it is improved at the expense of
constitution of the obligation. Nevertheless, the debtor, he shall have no other right than
when the obligation imposes reciprocal that granted to the usufructuary
prestations upon the parties, the fruits and
interests during the pendency of the condition
shall be deemed to have been mutually
compensated. If the obligation is unilateral, the
debtor shall appropriate the fruits and interests
received, unless from the nature and
circumstances of the obligation it should be
inferred that the intention of the person
constituting the same was different. In
obligations to do and not to do, the courts shall
determine, in each case, the retroactive effect
of the condition that has been complied with

Article 1188. The creditor may, before the

fulfillment of the condition, bring the
appropriate actions for the preservation of his
right. The debtor may recover what during the
same time he has paid by mistake in case of a
suspensive condition

Article 1189. When the conditions have been

imposed with the intention of suspending the
efficacy of an obligation to give, the following
rules shall be observed in case of the
improvement, loss or deterioration of the thing
during the pendency of the condition: (1) If the
thing is lost without the fault of the debtor, the
obligation shall be extinguished; (2) If the thing
is lost through the fault of the debtor, he shall
be obliged to pay damages; it is understood
that the thing is lost when it perishes, or goes
out of commerce, or disappears in such a way
that its existence is unknown or it cannot be
recovered; (3) When the thing deteriorates
without the fault of the debtor, the impairment
is to be borne by the creditor; (4) If it
deteriorates through the fault of the debtor,
the creditor may choose between the rescission
of the obligation and its fulfillment, with
indemnity for damages in either case; (5) If the