Title III – Natural Obligations

Art. 1423. (civil v natural law) Q: Is conversion of moral obli to civil obli possible?
Obligations are civil or natural: A: Yes, e.g. acknowledgment of a prescribed debt
Civil obligations give a right of action to compel
their performance.
Natural obligations, not being based on positive law Art. 1424. Voluntary perf in extinctive prescription
but on equity and natural law, do not grant a When a right to sue upon a civil obli has lapsed
right of action to enforce their performance, by extinctive prescription, the obligor who voluntarily
 but after voluntary fulfillment by the obligor, performs the contract CANNOT recover
they authorize the retention of what has been  what he has delivered or
delivered.  the value of the service he has rendered
 SOME natural obli are set forth in the
following articles NOTE: payment of obligor here is voluntary, hence
he must have knowledge of the prescription
Civil Obli Natural Obli
Art. 1425. 3rd person paid, reimbursed
Based on positive law Based on equity, morality When, without the knowledge or against the
and natural law will of the debtor, a 3rd person pays the debt that has
Gives right of action to Gives no right of action prescribed and was voluntarily reimbursed by the
compel performance to compel performance debtor, the latter cannot recover what he has paid.
BUT: after voluntary
fulfillment, they NOTES:
authorize retention  If payment of debt by 3rd person is not against
 Solutio indebiti  Voluntary fulfillment the will or was with knowledge of debtor, a civil
(Art. 2154) (Art. 1423) obligation arises.
 accion in rem verso  Payment of interest  Art. 1236: if the debt has not prescribed, 3rd
(Art. 22) (Art. 1960) person who pays without knowledge or against
the will of the debtor may recover up to the
value that the latter has benefited.
“Voluntary fulfillment”
- debtor complied with an obligation even if he knew
Art. 1426- 1427. Minor, returned between 18 – 21
that he could not have been legally compelled to do so
there is no right to demand the price thus returned;
no right to recover fungible thing delivered if the
“Natural law”
obligee already consumed it in good faith.
- laws impliedly promulgated by men’s conscience and
concept of divine justice as embodied in the
“Fungible”
- consumable; commercially interchangeable
Examples of Civil Obligation
Art. 1428. Defendant performs despite win
- an action for unjust enrichment; no If, after an action to enforce a civil obligation
mistake involved; last remedy has failed, the defendant voluntarily performs the
Accion in obligation, he cannot demand the return of what he has
rem verso Ex: breach of contract delivered or the payment of the value of the service he
(Art. 22) “I already consumed my good has rendered.
without paying at all. Pay!”
Art. 1429. Heir paid decedent’s debt
- an action for undue payment or When a testate or intestate heir voluntarily
payment by mistake pays the debt of the decedent exceeding the value of
Solutio the property received by will or by law from the estate,
indebiti Ex: excess of change by mistake the payment is valid and cannot be rescinded by the
(Art. 2154) “I gave you P150 as a change for your payer.
P100 payment. Give it back!”
 Obligation of decedent transmitted to heirs is
Examples of Natural Obligation only up to the extent of the value that the heir
- no juridical tie, purely a moral and inherited.
natural obligation 
Voluntary Art. 1430. Void will and Legacy
fulfillment In case the will is void but the heir, after
Ex: payment of expired debt
(Art. 1423) settlement of the debts of the deceased, paid a legacy
“I know my debt has expired but let
me still pay you my debt. Here.” in compliance with a clause therein, the payment is
effective and irrevocable.

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 Title III – Natural Obligations

“Legacy”
- a gift by will or given by a testator being a decedent

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