BOOK IV  In obligations arising from contracts, the obligation to

deliver arises from the moment of the perfection of the

OBLIGATIONS AND CONTRACTS
OBLIGATION- juridical necessity to give, to do or not to do.
(Art. 1156)
4 ESSENTIAL REQUISITES OF AN OBLIGATION:
1. Juridical necessity or legal tie- which binds the parties
to the obligation and which may arise either from
bilateral or unilateral acts of persons;
2. Active subject- known as the creditor or oblige, who
can demand the fulfillment of the obligation;
3. Passive subject- known as the debtor or obligor, from
whom the obligation is juridically demandable; and
4. Fact, prestation or service- which constitutes the object
of the obligation.
contract, unless there is a stipulation to the contrary.
o Before the delivery of the thing and the fruits
thereof, the creditor merely a personal right
against the debtor- a right to ask for the
delivery of the thing and the fruits.
o Once the thing and the fruits are delivered,
then he acquires a real right over them, a
right which is enforceable against the whole
world.
In obligations to give, what are the different rights which are
available to the creditor?
 Distinguish between determinate and indeterminate
or generic

SOURCES OF OBLIGATIONS: DETERMINATE- in the INDETERMINATE- the

sense that the object thereof obligation is generic because
1. Law; is particularly designated or the object is designated
2. Contracts; physically segregated from merely by its class or genus
3. Quasi-contracts; all others of the same class, without any particular
4. Acts or omissions punished by law (Delicts); and the rights of the creditor are: designation or physical
5. Quasi-delicts. segregation from others of
the same class. The rights of
To determine whether an obligation arises from law, contract, the creditor are:
quasi-contract, criminal offense or a quasi-delict, it must be
noted that in the generation of an obligation, there is always a 1. To compel specific 3. To ask for
concurrence between the law which establishes or recognizes it performance (Art performance of the
and an act or condition upon which the obligation is based. 1165). obligation (Art
2. To recover 1246)
 When the law establishes the obligation and the act or damages in case of 4. To ask that the
condition upon which it is based is nothing more than breach of the obligation be
a factor for determining the moment when it becomes obligation (Art complied with at
demandable, the law itself is the source of obligation 1170) the expense of the
debtor (Art 1165,
 When the law merely recognizes or acknowledges the
par 2).
existence of an obligation generated by an act which
5. To recover
may constitute a contract, quasi-contract, criminal
damages in case of
offense, or quasi-delict and its only purpose is to breach of the
regulate such obligation, then the act itself is the source obligation (Art
of the obligation and not the law. 1170).
NATURE AND EFFECT OF OBLIGATIONS

In obligations to give, when does the creditor acquires a right

In obligations to give, what are the different duties or
to the thing which constitutes the object of the obligation, as well
obligations which are imposed upon the debtor or obligor?
as to the fruits thereof?
DETERMINATE INDETERMINATE OBLIGATION TO
 the time between the creditor acquires a personal right DO (personal act)
to the thing and the fruits thereof and the time when 1. To 1. To 1. Have the
he acquires a real right thereto. deliver deliver obligatio
 Art 1164, the creditor acquires a right to the fruits of the thing the thing n
the thing from the moment that the obligation to which he which executed
deliver such thing arises. has must be at the
obliged neither expense
When does the obligation to deliver arise? himself to of of the
give superior obligor
 In obligations arising from the law, quasi-contracts, 2. To take or 2. To pay
criminal offenses, and quasi-delicts, the obligation to care of inferior damages
deliver arises from the time designated by the the thing quality.
provisions of the NCC or of special laws creating or with the 2. To pay
regulating them. proper damages
 diligence in case of Demand by the creditor not necessary in order that delay
of a good breach may exist:
father of of the
a family obligatio 1. When the obligation or the law expressly so declares;
3. To n or
deliver 2. When from the nature and the circumstances of the
all obligation it appears that the designation of the time
accession when the thing is to be delivered or the service is to
s and be rendered was a controlling motive for the
accessori establishment of the contract; or
es 3. When demand would be useless, as when the obligor
4. To pay has rendered it beyond his power to perform (Art.
damages
1169)
in case of
 In order that the 1st exception to apply, it is
breach of
the indispensable that the obligation or law should
obligatio expressly add that the obligor shall incur in delay if
n he fails to fulfill the obligation upon the arrival of the
designated date or that upon the arrival of such date
demand shall not be necessary.
Damages in case of Fortuitous event  Where one of the partners, who has undertaken to
INDETERMINATE
contribute a sum of money to the common fund at a
DETERMINATE
GR: the obligor cannot be the obligor can be held liable specific date fails to do so, he becomes a debtor of the
held liable for damages for damages partnership not only for the amount which he has
promised to contribute but also for interest and
Because only a determinate an indeterminate thing, can damages from the time he should have complied with
thing or object can be never perish (genus his obligation.
destroyed by a fortuitous nunquam peruit)  In reciprocal obligations, neither party ncurs in delay
event. if the other does not comply or is not ready to comply
in a proper manner with what is incumbernt upon
him.
Different acts or omissions of the obligor or debtor which
o From the moment one of the parties fulfills
will result in the breach of the obligation for which he can be
his obligation, delay by the other begins.
held liable for damages:
Fraud or dolo- consists in the conscious and intentional
1. Default or mora;
proposition to evade the normal fulfillment of an obligation.
2. Fraud or dolo;
3. Negligence or culpa; and Fraud in the performance Fraud in the perfection of a
4. Contravention of the tenor of the obligation (Art. of a preexisting obligation contract (dolo causante and
1170). dolo incidente)
-present only during the -present only at the time of
Default or mora- signifies the idea of delay in the fulfillment of performance of a preexisting the birth of the obligation
an obligation. The non-fulfillment of an obligation with respect obligation
to time. -employed for the purpose -employed for the purpose
of evading the normal of securing the consent of
3 Different kinds of default or mora:
fulfillment of an obligation the other party to enter into
1. Mora solvendi- delay of the obligor or debtor to the contract
-results in the non- -if it is the reason for the
perform his obligation. This delay is called mora
fulfillment or breach of the other party upon whom it is
solvendi ex re when the obligation is an obligation to
obligation employed for entering into
give or mora solvendi ex perosna when the obligation is
contract, results in the
an obligation to do. vitiation of his consent
2. Mora accipiendi- or the delay of the oblige or creditor -gives rise to a right of the -gives rise to a right to the
to accept the delivery of the thing which is the object creditor or oblige to recover innocent party to ask for the
of the obligation. damages from the debtor or annulment of the contract if
3. Compensatio morae- or the delay of the parties or obligor the fraud is causal (dolo
obligors in reciprocal obligations. causante) or to recover
damages if it is incidental
In obligations to give or to do, the obligor or debtor incur in (dolo incidente)
delay from the time the creditor judicially or extrajudicially
demands from him the fulfillment of his obligation and in spite
of such demand, he is unable to comply with the obligation. Negligence or culpa- consists in the omission of that diligence
which is required by the nature of the obligation and
corresponds with the circumstances of the persons, of the time,
and the place.

When negligence shows BF, the provisions of Arts. 1171 and

2201, par. 2 shall apply.

 Art. 1171- Responsibility arising from fraud is

demandable in all obligations. Any waiver of an
action for future fraud is void.
 Art. 2201 (2)- In case of fraud, BF, malice, or wanton
attitude, the obligor shall be responsible for all
damages which may be reasonably attributed to the
non-performance of the obligation.

Test of negligence- did the defendant in doing the alleged

negligent act use the reasonable care and caution which an
ordinarily prudent person would have used in the same
situation? If not, then he is guilty of negligence. The law here
in effect adopts the standard supposed to be supplied by the
imaginary conduct of the discreet pater familias of the Roman
Law.

CULPA CULPA
CONTRACTUAL ACQUILIANA
contractual There is a pre-existing None
relation contractual relation
Negligence Negligence of the It is substantive and
defendant is merely independent
an incident in the
performance of an
obligation
Source Defendant’s breach of Defendant’s
contract negligent act or
omission
Evidence Proof of the contract Negligence of the
and of its breach is defendant must be
sufficient proved
Source of
liability