Art.

1156 An obligation is a juridical necessity to Injury – refer to the wrongful violation of the legal right
give to do or not to do. of another.
Obligation – (Latin word: obligatio) tying or binding Essential elements of a legal wrong or injury
- tie or bond recognized by law by virtue of w/c one is (a) Legal right in favor of a person
bound in favor of another to render something – in (creditor/plaintiff/obligee)
giving a thing, doing a certain act, or not doing a certain (b) A correlative legal obligation on the of another
act. (obligor/debtor/defendant); to respect or not to
Art. 1156: definition of obligation in its passive violate said right
aspect. Stresses the duty of the debtor or obligor when (c) Act or omission by the latter in violation of said
it speaks of obligation as a juridical necessity. right w/ resulting injury or damage to the
----> in case of noncompliance, the courts may be called former.
upon to enforce its fulfillment or the economic value *a wrong or cause of action only arises at the moment a
that it represents. The debtor must comply with his right has been transgressed or violated.
obligation whether he likes it or not; otherwise, his Kinds of obligation according to subject matter
failure will be visited with some harmful or undesirable (1) Real obligation (obligation to give) – that in w/c
consequences. the subject matter is a thing w/c the obligor
Nature of obligations must deliver to the obligee.
Civil obligations – obligations w/c give to the creditor or (2) Personal obligation (obligation to do or not to
oblige a right under the law to enforce their do) – that in w/c the subject matter is an act to
performance in courts of justice be done or not to be done.
Natural obligations - not being based on positive law 2 kinds of personal obligation
but on equity and natural law, do not grant a right of (A) Positive personal obligation (obligation to do or
action to enforce their performance to render service)
Essential requisites of an obligation (B) Negative personal obligation (obligation not to
(1) Passive subject (debtor/obligor) – bound to the do)
fulfillment of the obligation; he who has a duty Art. 1157 Obligations arise from:
(2) Active subject (creditor/obligee) – entitled to (1) Law;
demand the fulfillment of the obligation; he (2) Contracts;
who has a right. (3) Quasi-contracts;
(3) Object/prestation (subject matter) – the (4) Acts or omissions punished by law;
conduct required to be observed by the debtor (5) Quasi-delicts
(4) Juridical/Legal tie (efficient cause) – w/c binds Source of obligations
or connects the parties to the obligation. (1) law – when they are imposed by law itself.
Forms of obligation (ex. Obligation to pay taxes)
- refer to the manner in w/c an obligation is manifested (2) contracts – when they arise from the stipulation of
or incurred. May be oral, in writing or part oral/writing. the parties.
GR: law does not require any form in obligations arising (ex. Obligation to repay a loan or indebtedness by virtue
from contracts for their validity or binding force. of an agreement)
2) Obligations arising from other sources do not have (3) quasi-contracts – arise from lawful, voluntary and
any form at all. unilateral acts w/c are enforceable to the end.
(1) obligation – the act or performance w/c the law will (obligations may be considered arising from law)
enforce (4) crimes or acts or omissions punished by law – arise
(2) right – the power w/c a person has under the law, to from civil liability w/c is the consequence of a criminal
demand from another any prestation offense.
(3) wrong (cause of action) – an act or omission of one (5) quasi-delicts or torts – arise from damages caused to
party in violation of the legal right/s of another. another through an act or omission, there being fault or
negligence, but no contractual relation exists between that the contracts entered into are valid and
the parties. enforceable.
Examples: the obligation of the head of a family that Contract – meeting of the minds bet. two persons
lives in a bldg. or a part thereof to answer for damages whereby one binds himself, w/ respect to the other, to
caused by things thrown or falling from the same; the give something or to render some service.
obligation of a possessor of an animal to pay for the (1) Binding force – contract must be valid and it cannot
damage w/c it may have caused. be valid if it is against the law.
Sources of obligation (2) Requirement of a valid contract - contract is valid
(1) Those emanating from law (assuming all essential elements are present) if it is not
(2) Those emanating from private acts: contrary to law, morals, good customs, public order and
a. Arising from licit acts, in the case of public policy. Invalid if it is against abovementioned.
contracts and quasi-contracts *in the eyes of the law, a void contract does not exist.
b. Arising from illicit acts, w/c may be No obligations will arise. A contract may be valid but
either punishable in the case of cannot be enforced.
delicts/crimes, or not punishable in the Compliance in good faith – compliance or performance
case of quasi-delicts/torts in accordance with the stipulations or terms or the
*actually, there are only 2 sources: law and contracts, contract. Sincerity and honesty must be observed.
because obligations arising from quasi-contracts, delicts Ex. (1) if S agrees to sell his house to B and B agrees to
and quasi-delicts are really imposed by law. buy it, voluntary and willing, then they are bound by the
Art. 1158 Obligations derived from law are not terms of their contract. They can’t withdraw or escape
presumed. Only those expressly determined in this from the obligations. That w/c is agreed upon in the
code or in special law are demandable, and shall be contract is the law between S and B and must be
regulated by the precepts of the law w/c establishes complied with in good faith.
them; and as to what has not been foreseen, by the (2) a contract whereby S will kill B in consideration of
provisions of this book. 1000 to be paid by C is void and non-existent because
Art 1158 refers to legal obligations or obligations arising killing a person is contrary to law. Rendering domestic
from law. They are not presumed because they are service gratuitously until the loan is paid is contrary to
considered a burden upon the obligor. They are the law and morals. Both in (2) cases, S has no obligation to
exception, not the rule. To be demandable, they must comply.
clearly set forth in the law. Art. 1160 Obligations derived from quasi-contracts
1) an employer has no obligation to furnish free legal shall be subject to the provision of Chap. 1, Title XVII
assistance to his employees because no law requires of this Book.
this. An emp may not recover from his employer the --- treats of obligations arising from quasi-contracts or
amount he may have paid… contracts implied in law.
2) private school has no legal obligation to provide Quasi-contract – that juridical relation resulting from
clothing allowance because there is no law which lawful, voluntary, and unilateral acts by virtue of w/c
imposes this obligation upon schools. But a person who the parties become bound to each other to the end that
wins money in gambling has the duty to return his no one will be unjustly enriched or benefited at the
winnings to the loser. expense of another.
Art. 1158 – special laws refer to all other laws not *not exactly a contract because there is no meeting of
contained in the civil code. (corpo code, negotiable..) the minds, there is no consent. The law considers the
Art. 1159 Obligations arising from contracts have parties as having entered into a contract although they
the force of law between the contracting parties have not actually did so.
and should be complied with in good faith. Principal Kinds of quasi-contracts
-- speaks of contractual obligations or obligations arising (1) Negotiorum Gestio – voluntary management
from contracts or voluntary agreements. It presupposes without the knowledge or consent of the latter.
 (2) Solutio indebiti – juridical relation which is (4) There must be a direct relation or connection of
created when something is received when there cause and effect bet the act or omission and the
is no right to demand it and it was unduly damage; and
delivered through mistake. (payment by (5) There is no pre-existing contractual relation bet
mistake) requisites are: the parties
a. There is no right to receive the thing Crime vs quasi-delict
delivered (1) Crime = criminal or malicious intent or criminal
b. The thing was delivered through negligence while quasi-delict = only negligence
mistake (2) Crime = purpose is punishment, while quasi-
Art. 1161 Civil obligations arising from criminal delict = indemnification of the offended party
offenses shall be governed by the penal laws, (3) Crime = affects public interest; quasi-delict =
subject to the provisions of article 2177, and of the concerns private interest
pertinent provisions of Chap. 2, Preliminary Title, on (4) Crime = 2 liabilities: criminal and civil; quasi-
Human Relations, and of the Title XVIII of this Book, delict = only civil
regulating damages. (5) Criminal liability can’t be compromised or
--- deals w/ civil liability arising from crimes or delicts settled by the parties themselves; quasi-delict
(1) rule: that every person criminally liable for an act or can be compromised
omission is also civilly liable (6) Crime = guilt of the accused must be proven
(2) in crimes which cause no material damage, there is beyond reasonable doubt; quasi-delict = fault
no criminal liability to be enforced. But a person not or negligence need only be proved by the
criminally responsible may still be liable civilly. (failure preponderance (superior/weight) of evidence.
to pay a debt, causing damage to another’s property Art. 1163 Every person obliged to give
w/o malicious or criminal intent or negligence. something is also obliged to take care of it with
Civil liability includes: proper diligence of a good father of a family
(1) Restitution unless the law or the stipulation of the parties
(2) Reparation for the damage caused requires another standard of care.
(3) Indemnification for consequential damages --- refers to an obligation specific or determinate
Ex. X stole Y’s car. If X is convicted, the court will order thing
X: (1) return the car (or pay its value if lost/destroyed); Specific/determinate thing – particularly designated
(2) pay for any damage caused to the car; and (3)pay or physically segregated others of the same class
such other damages suffered by Y as a consequence of Generic/indeterminate thing – refers only to a
the crime class/genus to w/c it pertains and can’t be pointed
Art. 1162 Obligations derived from quasi-delicts out with particularity
shall be governed by the provisions of Chap. 2, Title Determinate thing – identified by its individuality.
XVII of this book, and by special laws. The debtor can’t substitute it with another although
--- treats of obligations arising from quasi-delicts/torts the latter is of the same kind and quality w/o the
Quasi-delicts – act or omission by a person (tortfeasor) consent of the creditor.
w/c causes damage to another in his person, property Generic thing – identified only by its specie. The
or rights giving rise to an obligation to pay for the debtor can give anything of the same class as long
damage done, there being fault or negligence but there as it is of the same kind.
is no pre-existing contractual relation bet parties. Duties of debtor in obligation to give a
Requisites of quasi-delict determinate thing
(1) There must be an act or omission (1) Preserve the thing – in obligations to give (real
(2) There must be fault or negligence obli.) the obligor has the incidental duty to take
(3) There must be damage caused care of the thing due w/ the diligence of a good
father of a family pending delivery.
 a. Diligence of a good father – equated w/ (5) Answer for damages in case of non-fulfillment
ordinary care or average (a reasonable or breach – Art. 1170
prudent) person – Not Applicable in Duties of debtor in obligation to deliver generic thing
Generic Thing. – wala kang need (1) To deliver a thing w/c is of the quality intended
ingatan by the parties taking into consideration the
b. Another standard care – exception: if purpose of the obligation and other
the law or the stipulation of the parties circumstances
provides for another standard of care (2) To be liable for damages in case of fraud,
(slight/extraordinary diligence), said law negligence or delay in the performance of his
or stipulation must prevail obligation or contravention of the tenor
c. Factors to be considered – diligence thereof.
required necessarily depends upon the Art. 1164 The creditor has a right to the fruits of the
nature of the obligation & corresponds thing from the time the obligation to deliver it
w/ the circumstances of the person, arises. However, he shall acquire no real right over
time and place. GR: the debtor is not it until the same has been delivered to him.
liable of his failure to preserve the thing Different Kinds of Fruits
is not due to his fault or negligence but (1) Natural Fruits – spontaneous products (no human
to fortuitous events or force majeure interventions) of the soil, and the young and other
Ex. S binds himself to deliver a specific horse to B on a products of animals. (no human intervention)
certain date. (2) Industrial Fruits – produced by lands of any kind
Pending delivery, S has the additional or accessory duty through cultivation or labor. Ex. Sugarcane, rice
to take care of the horse w/ the diligence of a good (3) Civil Fruits – derived by virtue of a juridical relation
father of a family, like feeding the horse regularly, Ex. Rents of bldg, price of leases of lands and other
keeping it in a safe place, etc. S must exercise that property, interest income
diligence w/c he would exercise over another horse When is the creditor entitled to the fruit?
belonging to him w/c he is not under obligation to From the time the obligation to deliver arises.
deliver to B. When will the obligation to deliver arise?
But S can’t relieve himself from liab in case of loss by GR: on obligation to deliver – upon perfection of the
claiming that he exercised the same degree of care contract.
toward the horse as he would toward his own, if such (Perfection – birth of the contract, meeting of the minds
care is less than that required by the circumstances. If bet. the parties)
the horse dies or is lost or become sick as a Exception: (1) agreement
consequence of S’s failure to exercise proper diligence, Ex.) S sold horse to B, no date or condition stipulated for
he shall be liable to B for damages. the delivery of the horse. While the horse was in
The accessory obligation of S to take care of the horse is possession w/ S, the horse gave to a colt. The contract
demandable even if no mention thereof is made in the was perfected today, June 15, w/o any other agreement
contract. for delivery. If the horse gave birth to a colt, June 20,
d. Reason for debtor’s obligation – debtor apply general rule, the time the contract was perfected.
must exercise diligence to insure that B owns the colt.
the thing to be delivered would subsist If there’s agreement, delivery is June 30, colt was born
in the same condition as it was when on June 20, S has the right over the colt.
the obligation was contracted. Art. 1164 refers to the real obligation to deliver.
(2) Deliver the fruits of the thing – Art. 1164 Real obligation – obligation to give
(3) Deliver the accessions and accessories – Art. Real right – binding (enforceable) against the whole
1166 world.
(4) Deliver the thing itself Personal obligation – obligation to do or not to do
Personal right – right you can assert to an individual https://www.trans-lex.org/602450/_/philippines-
(particular person) republic-act-386-/#:~:text=Article%201165.,the
***Delivery is the act that transfers ownership. %20expense%20of%20the%20debtor.

Prior to delivery – Right is merely personal

Ex:
Pogi sold ganda a mango plantation to deliver on Dec,
25, Pogi did not deliver because lacks on money that is
why he sold the fruits to Beauty (3rd person).
Question?
- Does Ganda have a right to the FRUITS? – YES against
Pogi. NO as against Beauty. Because Gandas right over
the fruit is merely Personal Right (enforceable against a
particular person) only against Pogi
- It is still not a Real Right because it is not yet
DELIVERED to her
- Ganda’s remedies is to go after Pogi for the
value of the FRUITS. (Ask or demand for the
deliver of the things including the fruits of the
thing.)
-
Article 1166. The obligation to give a
determinate thing includes that of delivering
all its accessions and accessories, even
though they may not have been mentioned.
(1097a)
Ex. Buying a laptop kasama dapat ang charger kasi ang
charger is a necessary thing for the use of laptop.

Article 1246 • When the obligation consists in the

The purpose of the obligation and other circumstances

“Payment of Damages”