Week 1-5
ATTY. MARIA ALMIRA L. FANDIALAN - SANIANO
OBLIGATION – is a JURIDICAL NECESSITY to give, to do or not
to do. (Art. 1156, NCC)
“Obligatio” – Latin word meaning tying or binding
Juridical Necessity - in case of non-compliance the courts may call
upon to enforce its fulfillment or, the economic value it
represents.
“An obligation is a juridical relation whereby a person (called the
creditor) may demand from another (called the debtor) the
observance of a determinative conduct (the giving, doing or not
doing), and in case of breach, may demand satisfaction from the
assets of the latter.” (Makati Stock Exchange vs. Campos, G.R.
No. 138814, April 16, 2009)
1. Active Subject (Creditor/Obligee) - the personw ho is entitled to
DEMAND the fulfillment of the obligation; he who has the RIGHT
2. Passive Subject (Debtor/Obligor) – person who is bound to the
fulfillment of the obligation; he who has the DUTY/OBLIGATION to
perform the act.
3. Object / Prestation – SUBJECT MATTER of the obligation or the
CONDUCT required to be observed by the debtor (giving, doing,
or not doing)
4. Juridical / Legal Tie (Vinculum juris) – EFFICIENT CAUSE or
that BINDS OR CONNECTS the parties to the obligation. The tie
can be easily determined by knowing the source of obligation.
X and Y executed a contract, wherein X bound
himself to construct Y’s house for Php 1M.
X – Obligor / Passive Subject
Y – Obligee / Active Subject
House – Object / Prestation
Contract – Juridical Tie
1. Law – statutes, legislative enactments
2. Contracts – meeting of minds between two persons whereby one binds
himself, with respect to the other to give something or to render service.
3. Quasi-contracts – obligation arising NOT from an agreement between the
parties but from some relationship between them. (To be discussed later)
4. Delict - Act/Omission punished by law; arises from a civil liability as a
consequence of some criminal offense.
5. Quasi-delict – arises from damage caused to another through an act or
omission, there being fault or negligence, but there’s no contractual
relation.
*** Number 2 to 5 are private acts
Must be expressly or impliedly set forth and
cannot be presumed because they are considered
a burden upon the obligor.
Examples:
Obligation to pay taxes in accordance with tax
laws.
Obligation of the spouses to support each other
and their children in accordance with the Family
Code.
They have the force of law b/w the parties, and must be
complied with in good faith;
Parties may freely enter into any stipulations provided
they are not contrary to law, morals, good customs,
public order or public policy.
Example :
A and B agreed to a contract of sale where A will buy B’s
car for ₱500K. A has the obligation to pay the price of
₱500K while B has the obligation to deliver the car to A.
Juridical relation resulting from lawful,
voluntary and unilateral acts, which has for
its purpose, the payment of indemnity to
the end that no one shall be unjustly
enriched or benefited at the expense of
another.
Negotiorum Gestio - a person voluntarily
takes charge of the agency or management of
another’s abandoned or neglected business or
property without the latter’s authority. (Art.
2144, NCC)
Example: X left her farm unattended for 1
week because she is having a vacation. Y
noticed that X has not been around and the
plants are slowly dying. Out of concern, Y
cultivated, watered the plants, and did all what
a farmer should do. Y’s necessary expenses
should be reimbursed in order for X not to
unjustly enrich himself at the expense of Y.
Solutio Indebiti (Undue payment) - If
something is received when there is no right to
demand it, and it was unduly delivered through
mistake, the obligation to return it arises. (Art.
2154, NCC)
Example: X bought goods from Y’s Store. The
goods cost PHP 1500. X gave 2000 to the cashier
and receive a change of 700. X is duty bound to
return the excess of 200. Otherwise, he will be
unjustly enriching himself at the expense of Y.
Basis: Every person criminally liable for a felony /
crime is also civilly liable. (Art. 100, RPC)
Example: X stole the horse of Y. X is criminally
liable for theft. In addition, X is also civilly liable.
He is responsible to return the horse, pay for its
value if he cannot return the same, and
indemnify Y of the consequential damages he had
suffered.
Quasi-delict (a.k.a. tort) is an act or omission that cause
damage to another, there being fault or negligence, is
obliged to pay for the damage done but without any pre-
existing contractual relations between the party.
Example: Romeo was playing baseball outside Juliet's
house. Upon seeing Juliet, Romeo got excited and hit the
ball so hard that it fly straight to Juliet's window and
bounce right into Juliet's face injuring her nose. Though
Romeo and Juliet has no contractual relation, Romeo's
negligence will make him liable for the damages to Juliet.
END OF WEEK 1 – 5
THANK YOU!!!
