Obligations and Contracts Art. 1156. Obligation is a juridical necessity to give, to do, or not to do.

The word juridical is very important. Why? because that distinguishes a civil obligation from natural and moral obligations. If we remove the word juridical, it is just a necessity to give, to do or not to do. It follows that if there is non-performance of the obligation, then you cannot go to court and ask for a specific performance. That is why if you will be asked to define what a civil obligation is, do not forget the word juridical. Natural obligation there is an enumeration of examples of natural obligation under the CC. It is defined under article 1423 wherein it is no longer a civil obligation but out of voluntariness on the part of the debtor. He is still performs, later on debtor cannot demand that it be given back whatever he has given be returned to him. Why? Because the mere fact that he voluntarily performed an obligation that is not anymore a civil obligation, it now falls under the definition of natural obligation. What is moral obligation? It is similar to that of a natural obligation. In case there is non-performance of the obligation, you cannot go to court for specific performance. Elements of an obligation 1. Parties a. Active Subject refers to the creditor. Why? Because he is the one who has the right to go to court in case there is nonperformance of the obligation by the debtor. b. Passive Subject refers to the debtor 2. Object refers to the prestation that is- the conduct to be performed by the passive subject. And what is that conduct? It refers to prestation to give, to do, or not to do. But in so far as property is concerned, object refers to property, the thing. In order for obligation to be considered valid, the object should be Possible, Lawful, Assessable in money, Useful, and is Determinate. In connection with contracts, if the object is unlawful then the contract will be considered void. 3. Sanction/juridical tie in case there is non-performance, you can go to court to file an action for specific performance. Kinds of Obligations 1. According to peculiarities of the Prestation a. Pure obligation b. Obligation with a condition c. Obligation with a period 2. According to number/plurality of parties a. Joint obligation b. Solidary obligation 3. According to number of prestations a. Individual obligation b. Multiple obligation i. Alternative obligation

ii. Facultative obligation 4. According to the quality of the object/prestation a. Positive obligation obliged to perform b. Negative obligation prohibited to perform c. Specific obligation determinate object d. Generic obligation indeterminate object e. Divisible obligation it can be performed partially f. Indivisible obligation there can be no partial performance g. Principal obligation obligation arising from principal contract; example mutuum h. Accessory obligation - obligation arising from accessory contract; mutuum guaranteed by a pledge Sources of an obligation 1. Law 2. 3. Example: under the FC, obligation to support; payment of taxes Contract Quasi-Contract Negotiorum gestio the parties do not have a meeting of the minds. There was no consent between the parties. And yet since one benefitted out of the act of another person therefore, the person who has gained benefit has the obligation to pay for damages. And in negotiorum gestio, it refers to managing the property of another person and that act is without the consent of the owner of the property. And if by that act of managing the property, he was able to save the property, therefor the owner of that property has the obligation to pay damages. Best example is usually when a house is on fire. Solutio indebiti This is the principle of unjust enrichment. Have you ever seen paper bill or coins not belonging to you? Have you ever received excess change? If you get something that does not lawfully belong to you at the expense of another person, that is tantamount to unjust enrichment. (law on property) Art. 719: you are not a finders keeper. If you discover something, if it does not belong to you, if it does not fall under the provisions on hidden treasure, your obligation is to surrender it to the proper authority and that proper authority has the obligation to get notice that a property was discovered, its only after the lapse of 6 months, if nobody would claim it, thats the time that you as finder will have the right to claim ownership over the thing. If you will immediately claim, that will be tantamount to unjust enrichment. Delict Quasi-delict Can you file an independent civil action without making any reservation?

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Art. 29, 30, 31, 35, of CC and 32, 33, 34, 21, 77 connect with Article 100 of RPC, Rule 100 Sec. 1 of ROC. If you will go back to Art. 29, 30, 31, 35 of CC, these provisions refer to an obligation arising from a delict. And delict is one of the sources of an obligation. What provision in the RPC confirms that? Art. 100 of

RPC. A person who is criminally liable is civilly liable. If you heard before when FG filed a libel case, in addition to criminal case of libel, he was asking for damages in millions. One single act, which is defined as a crime, will also give rise to damages, civil obligation.