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Law any rule of action or any system of uniformity b.

Correlative legal obligation on the part of another


(Defendant/Debtor)
Subjects of Law c. Act or omission by the latter in violation of said right with
1. Divine Law law of religion and faith resulting injury or damage to the former.
2. Natural Law divine inspiration in man alone of the sense of justice, Example:
fairness, and righteousness Fact: Under a contract, A obliges to build a house for B for
3. Moral Law totality of the norms of good and right conducting Php 1.2M.
growing out of the collective sense of right and wrong of every Discussion: B has the legal right to have his house
community constructed by A. A has the legal right to be paid by B after A
4. Physical Law (Law of Physical Science) in the operations or course finishes building the house of B according to their contract.
of nature, uniformities of actions and orders of sequence which are Issue: Failure to comply eithers obligation.
the physical phenomena that we sense and feel. Verdict: The aggrieved party gives a cause of action for the
5. State Law it is promulgated and enforced by the state. enforcement of his right and/or recovery of indemnity for the
loss or damage caused by the other party for the violation of
his right.
GENERAL PROVISIONS Kinds of Obligation according to Subject Matter
1. Real Obligation (To Give) prestation is a thing which the
Article 1156 obligor must deliver to obligee.
An obligation is a juridical necessity to give, to do, or not to do. e.g. A (seller) binds himself to deliver 5 sacks of rice to B
(buyer).
Obligation a tie or bond recognized by the law by virtue of which 2. Personal Obligation (To Do or Not to Do) prestation is an act to
one is bound in favor of another to render something. be done or not to be done.
Juridical Necessity in a case of noncompliance, the courts of a. Positive Personal Obligation to do or to render service
justice may be called upon by the aggrieved party to enforce its e.g. A binds himself to farm the land of B.
fulfillment or, in default thereof, the economic value it represents. b. Negative Personal Obligation not to do
Natural Obligation based not on positive law but on equity and e.g. A obliges himself to not to farm on the certain portion of
natural law; do not grant rights of action to enforce performance. his land in favor of B who is entitled to a right of way to over said
Civil Obligation arise from laws, contracts, quasi-contracts, delicts land.
and quasi-delicts; gives a right of action in courts of justice to compel
their performance or fulfillment.
Requisites of an Obligation Article 1157
1. Juridical Tie binds or connects parties to the obligation. Obligations arise from:
2. Object (Prestation) subject matter of the obligation; act of (1) Law;
condition (2) Contracts;
(3) Quasi-contracts;
3. Passive (Debtor/Obligor) person who has duty.
(4) Acts or omissions punished by law; and
4. Active (Creditor/Obligee) person who has the right.
(5) Quasi-delicts. (1089a)
Obligation the act or performance which the law will enforce.
Right power to demand from another prestation. Sources of Obligation
Wrong (Injury) omission of one party in violation of legal rights or 1. Law they are imposed by the law itself.
rights of another. e.g. obligation to pay taxes, obligation to support ones family
1. Essential Elements of Legal Wrong 2. Contracts they arise from the stipulation of the parties.
a. Legal right in favor of a person (Plaintiff/Creditor) e.g. the obligation to repay a loan by virtue of an agreement
3. Quasi-contracts they arise from lawful, voluntary and unilateral Article 1159
acts which are enforceable to the end that no one shall be unjustly Obligations arising from contracts have the force of law between the
enriched or benefited by the expense of another. contracting parties and should be complied with in good faith. (1091a)
e.g. the obligation to return money paid by mistake,
4. Crimes or Acts or Omissions Punished by the Law they arise Contract is a meeting of minds between two persons whereby one
from civil liability which is the consequence of a criminal offense.
binds himself, with respect to the other, to give something or to
e.g. the obligation of a kidnapper to release the person/people he
render some service.
kidnapped alive, the duty to returns a stolen carabao
Obligations arising from contracts it is an established doctrine of
5. Quasi-delicts or Torts they arise from damage caused to another
through an act or omission, there being fault or negligence, but no law and sustained by the settled practice of the courts, that a man
contractual relation exists between parties. obligates himself to do that to which he promises to be bound,
e.g. the obligation of the driver of a car to pay for the damages in because of which is agreed to in a contract is the law between such
an accident that it caused, the duty to repair damage due to contracting parties. This rule, however, is subject to a condition that a
negligence court is not contrary to law, morals, good customs, public order or
public policy.
Binding Force the contract itself is the law between contracting
Article 1158 parties.
Obligations derived from law are not presumed. Only those expressly Requirement of a Valid Contract contract is not contrary to law,
determined in this Code or in special laws are demandable, and shall be morals, good customs, public order or public policy.
regulated by the precepts of the law which establishes them; and as to what Breach of Contract it takes place when a party fails or refuses to
has not been foreseen, by the provisions of this Book. (1090) comply, without legal reason or justification, with his obligation under
the contract as promised.
It refers to the legal obligations or obligations arising from law. Compliance in Good Faith compliance or performance in
It means that obligations must be clearly (expressly or implied) set accordance with the stipulations or terms of the contract or
forth in the law to be demandable. agreement.
It also means that when obligations are not expressly provided by 1. Good Faith an honest or sincere intention to fulfill an obligation
law, they cannot presumed to exist, thus making them not or promise without any dishonest or unethical motives.
demandable nor enforceable. Example:
Example: Fact: A agrees to sell his smartphone to B and B agrees to buy the
Fact: A private school has no legal obligation to provide clothing smartphone of A voluntarily and willingly.
allowances to its teachers because there is no law which imposes Issue: B withdraws the contract between him and A without any
this obligation upon schools. justifiable reason.
Event: Any forms of violation regarding the clothing allowances of the Verdict: According to Article 1159, B still need to pay the smartphone
said private school is not demandable. and other expenses of A in accordance of their contract for the
breach of contract in bad faith
Fact: A private school has a legal obligation to pay the salaries of its
teacher because there is a law which imposes this obligation to
private schools.
Event: Any forms of violation regarding the salaries of the teachers of
the said private school is demandable.
Article 1160 2. In crimes with no material damage, there is no civil liability. But a
Obligations derived from quasi-contracts shall be subject to the person not criminally responsible may still be liable civilly.
provisions of Chapter 1, Title XVII, of this Book. (n) e.g. failure to pay a contractual debt; causing damage to
anothers property without malicious or criminal intent or
Kinds of Quasi Contracts negligence
1. Negotiorum Gestio voluntary management of the property or The extent of civil liability for damages arising from crimes is
affairs of another without the knowledge or consent of the latter. governed by the Revised Penal Code and the Civil Code. It includes:
Example: 1. Restitution
Fact: A went to Cagayan with his family without leaving 2. Reparation for the damage caused
somebody to look after his house in Manila. 3. Indemnification for consequential damages.
Issue: Fire broke out near the house of A. Through the effort of Example:
B, a neighbor of A, the house of A was saved from being burned. Fact: A stole the car of B.
Y, however, incurred expenses due to injury from the fire. Event: A is convicted. What will be his consequences?
Verdict: According to Article 1160, A has the obligation to Solution: According to Article 1161, the court will order A to (1) return
reimburse B for said expenses, although he did not actually give the car or to pay its value if it was lost or destroyed, (2) to pay for any
his consent to the act of B in saving his house, on the principle of damages caused to the car, and (3) to pay such other damages
quasi-contract. suffered by B as a consequence of the crime.
2. Solutio Indebiti the juridical relation which is created when
something is received when there is no right to demand it and it
was unduly delivered through mistakes. Article 1162
Obligations derived from quasi-delicts shall be governed by the
Requisites of Solutio Indebiti:
provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093a)
a. There is no right to receive the thing delivered.
b. The thing was delivered through mistake.
Requisites for a person to be liable on quasi-delicts:
Unjust enrichment of is not allowed resulting the imbursement or
1. There must be an act or omission.
return of payment.
2. There must be fault or negligence.
Example:
3. There must be damage caused.
Fact: A owes B 10,000.
4. There must be a direct relation or connection of cause and effect
Issue: (1) A paid to C believing that C was authorized to receive
between the act or omission and the damage.
payment for B.
(2) A paid B 12,000 by mistake. 5. There is no pre-existing contractual relation between parties.
Solution: (1) C is oblige to return the money paid by A. Example:
(2) B is oblige to return the excess 2,000 to A. Fact: The car of A was parked in the roadside.
Issue: It was bumped at the rear by a car belonging to B. Only the
car of A suffered damages. Under the circumstances, does it follow
Article 1161 that B is liable to A for the damage?
Civil obligations arising from criminal offenses shall be governed by Verdict: According to 1162, B is liable to A to pay for the damage it
the penal laws, subject to the provisions of Article 2177, and of the pertinent caused due to its negligence and there is no pre-existing contractual
provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title relation between them.
XVIII of this Book, regulating damages. (1092a)

It deals with civil liability for damages arising from crimes or delicts.
1. Every person criminally liable for an act or omission is civilly
liable for the damages it caused.
Distinctions Between Crimes and Quasi-Delicts Fact: A binds himself to deliver a specific horse to B on
Distinctions Crimes Quasi-Delicts August 30.
1. Intentions criminal or malicious Discussion: A has the duty to take care the horse with the
intent, criminal negligence only diligence of a good father (ordinary care) like feeding it
negligence regularly, keeping it in a safe place, etc. until it will be
2. Consequences indemnification of delivered. But if the failure of A to take care of the horse with
punishment
the offended party the diligence of a good father and it causes the horse to die
3. Concerns public interest private interest or lost, he shall then be liable to B for damages.
4. Liabilities criminal and civil civil only d. Reason for debtors obligation the debtor must exercise
5. Settlement cannot be can be diligence to insure that the thing to be delivered would
compromised or compromised or subsist in the same condition as it was when the obligation
settled by the parties settled by the
was contracted. Without the accessory duty to take care of
themselves parties themselves
the thing, the debtor would be able to afford being negligent
6. Guilt must be proved proved by
beyond reasonable preponderance of and he would not be liable even if the property is lost or
doubt evidence destroyed, thus making the obligation to give illusory.
2. Deliver the fruits of the thing (see Article 1164)
3. Deliver the accessions and accessories (see Article 1166)
4. Deliver the thing itself (already discussed)
Article 1163 5. Answer for damages in case of non-fulfillment or breach (see
Every person obliged to give something is also obliged to take care Article 1170)
of it with the proper diligence of a good father of a family, unless the law or Duties of a Debtor in Obligation to Deliver Generic Thing
the stipulation of the parties requires another standard of care. (1094a) 1. To deliver the thing which is of the quality intended by the parties
taking into consideration the purpose of the obligation and other
It means that the diligence of a good father of a family is the circumstances.
diligence required on this article and if extraordinary diligence is 2. To be liable for damages in case of fraud, negligence, delay, or
required, then the obligor shall exercise extraordinary diligence. contravention of the tenor thereof.
Determinate Thing designated or physically segregated others of
the same class; specific things.
Generic or Indeterminate Thing it refers only to a class or genus to Article 1164
which it pertains and cannot be pointed out with particularity. The creditor has a right to the fruits of the thing from the time the
obligation to deliver it arises. However, he shall acquire no real right over it
Duties of Debtor in Obligation to Give a Determinate Thing:
until the same has been delivered to him. (1095)
1. Preserve the Thing
a. Diligence of a Good Father of a Family ordinary care or
diligence which an average (a reasonably prudent) person Kinds of Fruits
exercises over his own property. 1. Natural Fruits products from soil and other products of animals.
b. Another standard of care if the law or the stipulation of the e.g. grass, all trees and plants on lands produced without the
parties provides for another standard of care (slight or intervention of human labor.
extraordinary diligence), said law or stipulation must prevail. 2. Industrial Fruits products produced by cultivation of land or by
c. Factors to be considered the debtor is not liable if his labor.
failure to preserve the thing is not due to his fault or e.g. sugar cane, vegetables, rice, and all products if lands
negligence but to fortuitous events or force majeure. brought by reason of labor.
Example: 3. Civil Fruits derived by virtue of a juridical relation.
e.g. rent of buildings, price of leases of lands and other property Ownership Acquired by Delivery he shall acquire no real right over
and the amount of perpetual or life annuities or other similar it until the same has been delivered to him
income. Example:
Right of Creditor to the Fruits the creditor is entitled to the fruits of Fact: A is obliged to give B on August 25 a particular horse.
the thing to be delivered from the time the obligation to make delivery Discussion: Before August 25, B has no real rights to the horse. B
arises. will acquire a personal right against S to fulfill his obligation only from
Debtors Obligation to Deliver Arises when: August 25, as according to Article 1164.
1. The obligation to deliver the thing due, and the fruits, if any, Issue: What will happen if A sold the same horse to C on August 20,
arises from the perfection (birth) of the contract. whom C acted in good faith?
2. If the obligation is subject to a suspensive condition or period, it Held: C will acquire ownership to the horse, and A will be liable to B
arises upon the fulfillment of the condition or arrival of the term. for the damages, according to article 1164.
3. In a contract of sale, the obligation arises from the perfection of
the contract even if the obligation is subject to suspensive
condition or a suspensive period where the price has been paid. Article 1165
4. In obligations to give arising from the law, quasi-contracts, When what is to be delivered is a determinate thing, the creditor, in
delicts, and quasi-delicts, the time of performance is determined addition to the right granted him by Article 1170, may compel the debtor to
by the specific provisions of the law applicable. make the delivery.
Example: If the thing is indeterminate or generic, he may ask that the obligation
Fact: A sold his horse to B for 20,000. No date or condition was be complied with at the expense of the debtor.
stipulated for the delivery of the horse. While still in the If the obligor delays, or has promised to deliver the same thing to two
possession of A, the horse gave birth to a colt. or more persons who do not have the same interest, he shall be responsible
Issue: Who has the right to the colt? for any fortuitous event until he has effected the delivery. (1096)
Verdict: According to Article 1164, B has the right to be entitled
of the colt because in the contract of sale, all fruits from the day Remedies of a creditor in real obligation
of perfection of the contract shall pertain to the vendee (buyer). 1. In specific real obligation
Personal Rights the right or power of a person (creditor) to demand a. Demand specific performance or fulfillment (if still possible)
from another (debtor), as a definite passive subject, the fulfillment of of the obligation with a right to indemnity for damages.
the latters obligation to give, to do, or not to do; has a definite active b. Demand rescission or cancellation (in certain cases) of the
and passive subject; binding or enforceable only against a particular obligation also with the right to recover damages.
person. c. Demand payment of damages only, where it is only feasible
Real Rights is the right or interest of a person over a specific thing remedy.
(e.g. ownership, possession, mortgage) without a definite passive Example:
subject against whom the right may be personally enforced; has only Fact: A sells his piano to B.
definite active subject; directed againts the world Issue: A refuses to comply with his obligation to deliver the piano
Example: to B.
Fact: A is the owner of a parcel of land under a torrens title Held: B can bring the action of fulfillment or rescission of the
registered in the Registry of Property. obligation with the payment of damages in either case. In case of
Discussion: The ownership of A is a real right directed against rescission, the parties must return to each other what they have
everybody and there is no definite passive subject. received.
Issue: (1) What will happen if the land is claimed by B who takes 2. In generic real obligation
possession? a. The creditor may ask that the obligation be complied by a
Held: According to Article 1164, A has the personal rights to recover third person with at the expense of the debtor.
from B, as a definite passive subject, the property. Example:
Fact: A obliges himself to deliver to B 100 sacks of rice on 3. The debtor performs an obligation to do but in poor manner
September 4 for 50,000. Remedies of creditor in positive personal obligation
Issue: If A does not comply with his obligation, what will B do? 1. If the debtor fails to comply
Held: B may buy rice from c, a third person. If B paid C for a. To have the obligation to be performed by the debtor, or by
55,000, B will recover 50,000 plus 5,000 from A. another, unless personal considerations are involved, at the
3. Where debtor delays or has promised delivery to separate debtors expense.
creditors b. To recover damages (refer Article 1170).
a. Debtor does not exempt to his responsibility to deliver a 2. In case the obligation is done in contravention of the terms of the
determinate thing. same or is poorly done, it may be ordered (by the court upon
b. Debtor is responsible for fortuitous event until he has complaint) that it be undone if it still possible to undo what was
effected the delivery. done.
Example:
Facts: (1) A binds himself to construct to a house of B. Among other
Article 1166 things, it was stipulated that the house shall have three bedrooms,
The obligation to give a determinate thing includes that of delivering each of an area of five meters by four meters and that the kitchen
all its accessions and accessories, even though they may not have been shall be painted in all white.
mentioned. (1097a) (2) A contracted B to sing in a night club.
Issues: (1.1) A did not construct the house of B.
Accessions are the fruits of a thing or additions to or improvements (1.2) A constructed the house but the size of the bedroom is
upon a thing not five meters by four meters or the kitchen is not painted in
e.g. house or trees on a land, rents of a building, air-conditioner in a all white.
car, profits or dividends accruing from the shares of stock (1.3) The kitchen is painted white but the painting is poorly
Accessories are things joined to or included with the principal thing done.
for the latters embellishment, better use, or completion. (2.1) B fails to comply with his obligation.
e.g. key of a house, frame of a picture, bracelet of a watch, Held: (1.1) B may ask C to construct the house at the expense of A.
machinery in a factory, bow of a violin (1.2) B may ask A to have it done according to the
Although the delivery of determinate thing include all its accessions specifications. If A refuses, the obligation may be performed by
and accessories, the parties may stipulate that certain accessions or C at the expense of A.
accessories may not be included in the delivery. Both parties have (1.3) B may ask A that it be undone. If A refuses, B may ask C
the freedom to stipulate such things. to paint the kitchen at the expense of A.
(2.1) B is in indemnification for damages to A because the
performance of the obligation of B by a third person is
Article 1167 contravene to the contract between A and B.
If a person obliged to do something fails to do it, the same shall be
executed at his cost.
This same rule shall be observed if he does it in contravention of the Article 1168
tenor of the obligation. Furthermore, it may be decreed that what has been When the obligation consists in not doing, and the obligor does what
poorly done be undone. (1098) has been forbidden him, it shall also be undone at his expense. (1099a)

Situations contemplated: Remedies of creditor in negative personal obligation


1. The debtor fails to perform an obligation to do 1. Undoing of the forbidden thing at the expense of the debtor plus
2. The debtor performs an obligation to do but contrary to the terms damages
thereof Example:
Fact: A bought a land from B. It was stipulated that B would not (2) A is considered in default only from the date.
construct a fence on a certain portion of his land adjoining that sold Effects of Delay
to B. 1. Mora Solvendi
Issue: B constructed a fence. a. The debtor is guilty of breach or violation of the obligation.
Held: B violated the agreement between him and A and A can bring b. He is liable to the creditor for interest (in case of obligations
an action to have the fence removed at the expense of B. to pay money) or damages (in other obligations).
c. He is liable even for a fortuitous event when the obligation is
to deliver a determinate thing. However, if the debtor can
Article 1169 prove that the loss would have resulted just the same even if
Those obliged to deliver or to do something incur in delay from the he had not been in default, the court may equitably mitigate
time the obligee judicially or extrajudicially demands from them the fulfillment or reduce the damages.
of their obligation. 2. Mora Acciipiendi
However, the demand by the creditor shall not be necessary in order a. The creditor is guilty of breach of obligations.
that delay may exist: b. He is liable for the damages suffered, if any, by the debtor.
(1) When the obligation or the law expressly so declare; or c. He bears the risk of loss of thing due .
(2) When from the nature and the circumstances of the obligation it d. Where the obligation is to pay money, the debtor is not liable
appears that the designation of the time when the thing is to be delivered or for interest from the time of creditors delay.
the service is to be rendered was a controlling motive for the establishment e. The debtor may release himself from the obligation by the
of the contract; or consignation or deposit in court of the thing or sum due.
(3) When demand would be useless, as when the obligor has 3. Compensatio Morae
rendered it beyond his power to perform. a. If the delay of one party is followed by that of the other, the
In reciprocal obligations, neither party incurs in delay if the other liability of the first infractor shall be equitably tempered or
does not comply or is not ready to comply in a proper manner with what is balanced by the court. If nit cannot be determined which of
incumbent upon him. From the moment one of the parties fulfills his the parties guilty of delay, the contract shall deemed
obligation, delay by the other begins. (1100a) extinguished and each shall bear his own damages.
When Demand is Not Necessary to Put Debtor in Delay
Requisites of Delay or Default by the Debtor (Mora Solvendi) 1. When the obligation so provides
1. Failure of the debtor to perform his obligation on the date agreed Example:
upon Fact: A promised to pay B the sum of 20,000 on or before
2. Demand made by the creditor upon the debtor to comply with his November 30 without the need of any demand.
obligation which demand may be either judicial or extrajudicial Discussion: If A fails to pay B on November 30, A is
3. Failure of the debtor to comply such demand automatically in default.
Example: 2. When the law so provides
Fact: A obliged himself to deliver to B a specific refrigerator on Example:
December 10. Fact: Under the law, taxes should be paid on or before specific
Issue: (1) A did not deliver the refrigerator to B on December 10. date.
(2) A demand is made upon A by B on December 15 and A Discussion: Penalties and surcharges are imposed without the
failed to deliver the refrigerator. need of demand for payment for the government.
Discussion: (1) A is only on ordinary delay in the absence of any 3. When time is of the essence
demand from B although a period had been fixed for the fulfillment of Example:
the obligation. The law assumes that B is giving A an extension of Fact: The delivery of balloons on a particular date when a
time within which to deliver the refrigerator, hence, there is no breach childrens party will be held.
of obligation and A is not liable for damages.
Discussion: The debtor is fully aware that the performance of the
obligation aster the designated time would no longer benefit the
creditor. Article 1171
4. When demand would be useless Responsibility arising from fraud is demandable in all obligations.
Example: Any waiver of an action for future fraud is void. (1102a)
Fact: A obliged himself to deliver a specific horse to B on
December 5. Future fraud is void this is because the obligor knows that even if
Discussion: If As negligence or deliberate act, or by reason of he commits a fraud (in the future), he would not be liable for it.
fortuitous event for which A has expressly bound himself Past fraud is valid this is because it is considered as an act of
responsible, the horse died, thus, making the delivery of the generosity on the part of the party who is the victim of the fraud
horse to B is impossible for A to perform his obligation.
5. When there is a performance by a party in reciprocal obligation.
a. Reciprocal Obligation performance of one is conditioned Article 1172
upon the simultaneous fulfillment on the part of the other. Responsibility arising from negligence in the performance of every
The other party incurs delay if the other does not comply on kind of obligation is also demandable, but such liability may be regulated by
his obligation or not yet ready to perform his obligation. the courts, according to the circumstances. (1103)
Example:
Fact: A agreed to sell B his television set for 10,000.
Discussion: (1) A cannot demand payment if hes still not ready
to deliver the television, so does B, which he cannot demand the
delivery of the television unless he will pay A. (2) From the
moment A delivered the television, B is in default if he does not
pay A without the need of any demand.

Fact: A agreed to sell B his television set for 10,000. The


agreement is that the delivery is on December 5 and payment
shall be made on December 10.
Discussion: A demand on December 5 by B is necessary to put
A in delay. Similarly, when B does not pay A on December 10, B
is on delay to A.

Article 1170
Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor
thereof, are liable for damages. (1101)

Grounds for Liability


1. Fraud (deceit or dolo) refers only to incidental fraud.
2. Negligence (fault or culpa)
3. Delay (mora)
4. Contravention of the terms of the obligation the violation of the
terms and conditions stipulated in the obligation
1156 legal wrong procedure

1157 discussed briefly the sources of obligation.

1158 cases involving obligations arising from law

1159 cases involving obligations arising from contracts (and good faith

1160 cases involving obligations arising from quasi-contracts (negotiorum


gestion, solutio indebiti, others)

1161 cases involving obligations arising from crimes or delicts

1162 cases involving obligations arising from quasi-delicts or torts

1163 cases involving the delivery of determinate thing with the diligence of
a good father (ordinary care or extraordinary care

1164 cases involving the delivery of fruits

1165 remedies for the refusal of the obligation


Vocabularies
Indemnity payment made to someone because of damage, loss, or
injury
Preponderance superiority or greater weight
Prestation object
Presumed to supposed to be true without proof
Render to give (something) to someone; to officially report or declare
Reparation something is done or given as a way of correcting mistake
that you have made or a bad situation that you have caused
Restitution the act of returning something that was lost or stolen to its
owner
Stipulate to demand or require (something) as a part of an agreement
Unilateral done or undertaken by one person or party
Prudent
Mortgage
Parcel
Fortuitous

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