I.

Discussion

1. Yes. A person can incur obligations even without entering a contracts and voluntary agreements as it
can be incurred through various cases or sources. As an important general provision of obligation,
according to Article 1157 of the Civil Code, obligations arise from law, contracts, quasi-contracts, acts or
omissions punishable by law and quasi-delicts. Therefore, it is not only in contracts or voluntary
agreement where a person can demand obligations from another party.

2. Two examples to illustrate the essential requisites of an obligation.

a. Joy promised to design and create a website for Gin for P50, 000 by virtue of contract signed
by them. Joy is the passive subject as she has the duty to design and create the website, Gin as the
active subject as she has the right for the fulfillment of the duty, the object or prestation is to design and
create a website and the contract is the juridical or legal tie.

b. Under a contract of sale, Mara binds herself to deliver the refrigerator purchased by Sam for
P15, 000. Mara is the passive subject because she has the duty to deliver the refrigerator while Sam is
the active subject because she has the right for the fulfillment of the duty. Then the object or prestation
is the delivery of the refrigerator purchased and the juridical or legal tie is the contract of sale.

II. Problem

1. Akusado convicted of the crime of rape will be ordered by the court to indemnify such damages
suffered by the offended party as a consequence of the crime such as moral damages, exemplary
damages and civil indemnity. Moral damages were considered to compensate one for manifold injuries
such as physical suffering, mental anguish, serious anxiety, besmirched reputation, wounded feelings
and social humiliation. Exemplary damages may be awarded against a person to punish him for his
outrageous conduct. It serves to deter the wrongdoer and others like him from similar conduct in the
future. Civil indemnity on the other hand states that every person criminally liable is also civil liable. Its
award is mandatory upon a finding that rape has taken place.

2. Under the principle of quasi-contracts, Mangu has the obligation to pay Pau for the borrowe money
although there is no actual contract. He is not legally justified to refuse to do his obligation because he
already benefitted from the money at the expense of Pau, which is a provision against for unjust
enrichment.

3. Under the principle of quasi-delicts or torts which is also the source of obligation in this problem,
Petra’s liability is to pay the damage caused to Juan although there is no pre-existing contractual relation
between them because Petra is guilty of negligence.