ARTICLE 1156 – 1160 DISCUSSION

Posted on April 2, 2017by jrtasing

BY;Agusto s Tasing Jr.
ARTICLE 1156
What is an Obligation?
Obligation is a judicial necessity to give,to do or not to do.
Obligation derived from the latin word “obligatio” meaning tying or binding. Juridical necessity connote
that in case of non compliance, there will be legal sanction.
Ang ibig sabihin ng Judicial necessity ay ang hidi pagsunod sa kasunduan ay magdodolot ng
kaparusahang naaayun sa batas.
Oblegee or Creditor- One to whom an obligation is due,(Ang pinag kakautangan.)
Obligor or Debtor- One obliged to do something,(may sagutin o pananagutan)
DISCUSSION:
ELEMENTS OF OBLIGATION
1. Active subject- Known as the oblegee or creditor,who can demand the fulfillment of the obligation;
2. Passive Subject-Known as the obligor, againts whom the obligation is juridically demandable;
3. Object or Prestation- The subject matter of the obligation which has an economic value or susceptible
of pecuniary substitution in case of noncompliance.
4. Efficient cause- The vinculum or juridical tie which bind the parties to the obligation and which may
arise from either bilateral or unilateral acts of persons.
PRESTATION- Ito ay hindi bagay ngunit ito ay partikular na gawain ng may pananagutan (debtor)ito ay
pweding masalasay sa pag bigay, pag-gawa o hindi pagawa.
KINDS OF PRESTATION
1. From the viewpoint of performance;
a) Positive obligation or the obligation to give or to do.
b) Negative obligation or the obligation not to do.
2. From the viewpoint of the subject matter or prestation, it may be;
a) A personal obligation or the obligation to do or not to do;
b) A real obligation or the obligation to give;
i. Determinate or specific thing- Object is particularly designated or physical segregated from all others of
the same class;
ii. Generic-object is designated merely by its class or genus;
iii. Limited generic thing- when the generic objects are confined to a particular class,
example; an obligation to deliver one of my horse.
3. From the view point of sanctions, it may be;
a) Civil obligation which give a right of action to compel their performance;
b) Natural obligations which is not based on positive law but on equity and natural law, do not grant a
right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize
retention of what has been delivered or rendered by reason thereof.
CLASSIFICATION OF OBLIGATION
1. As to the primary classification under the civil code;
a) Pure and conditional (Art 1179-1192).
b) With a period (Art. 1193-1198)
c) Alternative and facultative (Art 199-1206)
d) Joint and solidary (Art 1207-1222)
e) Divisible and indivisible
f) With a penal clause
2. classification of a secondary character gathered from the scattered provisions of the civil code.
a) Legal conventional, and penal (Art 1158-1162)
b) Real and personal (Art 1163-1168)
c) Determinate and generic (Art 1167-1166)
d) Positive and negative (Art 1167-1168)
e) Unilateral and bilateral (Art 1169-1191)
f) Individual and collective (art 1207,1223)
g) Accessory and principal (Art 1166-1226)
3. As to judicial Quality;
a) Natural- the obligation is in accordance with natural law.
b) Civil- the obligation is in accordance with positive law;
c) Mixed-the obligation is in accordance with both natural and positive law.
4. As to parties;
a) Unilateral and bilateral – unilateral, where only one party is bound and bilateral, where both parties are
mutually and reciprocally bound;and
b) Individual and collective – Individual, where there is only one
obligor; and collective, where there are several obligors. The latter may be (1) joint, when each obligor is
liable only for his proportionate share of obligations, or (2) solidary, when each obligor may be held
liable for the entire obligation.
5. As to object;
a) Determinate and generic – determinate, when the object is specific;
and generic, when the object is designated by its class or genus;
b) Simple and multiple – simple, when there is only one undertaking; and
multiple, when there are several undertakings. Multiple obligations
may be:
i. Conjunctive – when all the undertakings are demandable at the same
time; or
ii. Distributive – when only one undertaking out of several is
demandable. Distributive obligations may be:
1. Alternative – when the obligor is allowed to choose one out of several obligations which may be due
and demandable;
2. Facultative- when the obligor is allowed to substitute another obligation for one which is due and
demandable.
c) Positive and negative- when the obligor is obliged to give or do something; and negative, when the
obligor must refrain from giving or doing something;
d) real and personal-when the obligation consists in giving something; and personal, when the obligation
consists in doing or not doing something.
e) Possible and impossible- when the obligation is capable of fulfillment in nature as in law; and
imposible, when the obligation is not capable of fullfiment either in nature of law;
f) Divisible and indivisible- Divisible when the obligation is susceptible of partial performance;
Indivisible is when the obligation is not susceptible of partial performance.
g) Accessory and principal- principal is when it is the main undertaking.
Accessory is when it is merely an undertaking to guarantee the fulfillment of the principal obligation.
6. As to perfection and extinguishment
a) Pure-the obligation is not subject to any condition or term and is immediately demandable.
b) Conditional- The obligation is subject to a condition which may be;
i. Suspensive- in which case the happening or fullfilment of the condition results in the birth of the
obligation; or
ii. Resolutory- in which case the happening or fulfillment of the condition results in the extinguishment of
the obligation.
c) with a term of period- the obligation is subject to a term or period which may be;
i. Suspensive or from a day certain- the obligation is demandable only upon the expiration of the term.
ii. Resolution or to a day certain- the obligation terminates upon the expiration of the term.
ARTICLE. 1157
SOURCES OF OBLIGATION
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
ARTICLE 1158
Obigations derived from law are not presumed. Only those expressly determined in this Code or in special
laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to
what has not been foreseen, by the provisions of this Book.
Ang mga obligasyon na hango sa batas ay hindi inaakala. Ang mga obligasyon lamang na hayagang
nakasaad sa Code na ito at sa mga espesyal na batas ang may bisa, at pinapatakbo ng mga utos ng batas na
nagtatag ng mga ito; para sa mga obligasyon na hindi inaasahan, sila ay bibigyang bisa ng probisyon ng
Libro na ito.
DISCUSSION:
LAW (OBLIGATION EX LEGE)
• Must be expressly or impliedly set forth and cannot be presumed
Obligation derived from law are not presumed. Only those expressly determined in this code or in special
laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to
what has not been foreseen, by the provision of this book.
SOURCES: Article 1090, old civil Code
Serrano vs Central bank
Petition for mandamus and prohibition, with preliminary injunction that pursues the creation of joint and
solidary liability against the respondent.
FACTS
Serrano filed a case against Overseas Bank and Central bank so that they may jointly separately liable,
because, the P350K worth of time deposits by Serrano in overseas bank of Manila is not successful when
he made a series of encashment, because on the alleged failure of the Overseas Bank of Manila to return
the time deposits made by petitioner and assigned to him, because respondent Central Bank failed in its
duty to exercise strict supervision over respondent Overseas Bank of Manila to protect depositors and the
general public.
ISSUE
Whether the Central Bank is Liable for the case filed?
HELD
No, Bank deposits are in the nature of irregular deposits. They are really loans because they earn interest.
All kinds of bank deposits, whether fixed, savings, or current are to be treated as loans and are to be
covered by the law on loans. Current and savings deposit are loans to a bank because it can use the same.
The petitioner here in making time deposits that earn interests with respondent Overseas Bank of Manila
was in reality a creditor of the respondent Bank and not a depositor. The respondent Bank was in turn a
debtor of petitioner. Failure of the respondent Bank to honor the time deposit is failure to pay s obligation
as a debtor and not a breach of trust arising from depositary’s failure to return the subject matter of the
deposit
WHEREFORE, the petition is dismissed for lack of merit, with costs against petitioner.
ARTICLE 1159
OBLIGATIONS ARISING FROM CONTRACTS HAVE THE FORCE OF LAW BETWEEN THE
CONTRACTING PARTIES AND SHOULD BE COMPLIED WITH IN GOOD FAITH.
Ang mga obligasyon na nag simula sa mga kontrata at nagkaroon ng bisa sa batas sa pagitan ng mga
nagkasundong partido ay dapat gampanan ito ng may mabuting kalooban. *Distinction between
Obligation […]
DISCUSSION:
CONTRACT (OBLIGATION EX CONTRACTU)
• Must be complied with in good faith
• it is the “law” between parties;
• neither party may unilaterally evade his obligation in the contract, unless:
a. Contract authorizes it
b. Other party assents
• Parties may freely enter into any stipulations provided they are not contrary to law, morals, good
customs, public order or public policy.
ARTICLE 1160
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter I, Title XVII of this
Book.
Ang mga obligasyong galing sa quasi-contracts ay maipapasailalim sa mga probisyong nakasaad sa
Chapter I, Title XVII ng Librong ito.
DISCUSSION:
QUASI-CONTRACT (OBLIGATION EX QUASICONTRACTU)
• 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.
• Distinguished from other Sources
1. act giving rise to a quasi contract must be LAWFUL distinguishing it from delict;
2. act must be VOLUNTARY distinguishing it from quasi-delict which is based on fault or negligence;
3. act must be UNILATERAL distinguishing it from contract which is based on agreement.
KINDS OF QUASI-CONTRACT
• Negotiorum gestio:
unauthorized management; arises whenever a person voluntarily takes charge of the agency or
management of another’s abandoned business or property without the latter’s authority
• Solutio indebiti:
undue payment. Arises when a person unduly delivers a thing through mistake to another who has no
right to demand it (must not be through liberality or some other cause)