Art.

1158- 1162

Art. 1158
Obligations derived from law are not presumed. This merely means that the
obligation must be clearly (expressly or impliedly) set forth in the law.
If regarding an obligation ex lege, there is a conflict between the New Civil
Code and a special law, the latter prevails unless the contrary has been expressly
stipulated in the New Civil Code.

Art. 1159
While obligations arising from a contract have the force of law between the
parties, this does not mean that the law is inferior to contracts. This is because
before a contract can be enforced, it must first be valid, and it cannot be valid if it is
against the law.
The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided, they are not contrary to law,
morals, good customs, public order, or public policy.
Neither party may unilaterally and upon his own exclusive volition, escape his
obligations under the contract, unless the other party assented thereto, or unless
for causes sufficient in law and pronounced adequate by a competent tribunal.
Compliance in good faith means that we must inter- pret not by the letter
that killeth but by the spirit that giveth life.
Where the parties to a compromise agreement signed and executed the
same WILLINGLY and VOLUNTARILY, they are BOUND by its terms, even if the COURT
before which it was made had NO jurisdiction over the case.
The right to enter into lawful contracts constitutes one of the liberties of the
people of the State. In contracts where public interest is involved (as in the case of
labor agreements), the government has a right to intervene for the protection of the
whole.

Differences between an Obligation and a Contract

An obligation is the result of a contract (or some other source). Hence, while
a contract, if valid, always results in obliga- tions, not all obligations come from
contracts. A contract always presupposes a meeting of the minds; this is not
necessarily true for all kinds of obligations.
The So-called Innominate Contracts
(a) Do ut des I give that you may give.
 (b) Do ut facias I give that you may do.
(c) Facio ut des I do that you may give.
(d) Facio ut facias I do that you may do.

Art. 1160
A quasi-contract is that juridical relation resulting from a lawful, voluntary,
and unilateral act, and 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.
Negotiorum Gestio
This takes place when a person voluntarily takes charge of anothers
abandoned business or property without the owners authority. Reimbursement
must be made to the gestor for necessary and useful expenses, as a rule.
Solutio Indebiti
This takes place when something is received when there is no right to
demand it, and it was unduly delivered thru mis- take. The recipient has the duty to
return it.

Art. 1161
Obligations Ex Delicto or Ex Maleficio Governing rules
(a) Pertinent provisions of the Revised Penal Code and other penal laws,
subject to the provisions of Art. 2177, Civil Code.
(b) Chapter 2, Preliminary Title, on Human Relations (of the Civil Code).
(c) Title 18 of Book IV of the Civil Code on damages.

Every person criminally liable for a felony is also civilly liable. The reason
lies in the fact that oftentimes the commission of a crime causes not only moral evil
but also material damage. If no material damage is done, civil liability cannot be
enforced. The victim cannot recover damages in both cases (only in one).

Liability of an Insane Criminal

An insane man who commits a crime is exempted from criminal liability, but
his guardian can be held civilly liable unless the latter was diligent in his task of
taking care of the insane. If there is no guardian, or if said guardian (in the proper
case) is insolvent, the property of the insane man can be made liable.

Subsidiary Liability
Subsidiary liability of the parents in case of a minor over 9 but under 15 who
DID NOT act with discernment. If he acted WITH discernment, he is criminally liable.
The parents would be held liable unless they can prove due supervision.
What Civil Liability Arising from a Crime Includes
 (a) restitution;
(b) reparation of the damage caused;
(c) indemnification for consequential damages.

Effect of Death of the Criminal Offender Pending Trial

Civil liability is not extinguished for, after all, there can, in the case of
physical injuries, still be an independent civil action. The action will be directed
against the administrator of the estate, the obligation having become the obligation
of the heirs; but of course the liability cannot exceed the value of the inheritance.
Kind of Proof Needed
(a) If a civil action merely is instituted, mere preponderance of evidence is
sufficient.
(b) If a criminal case is brought (and with it, the civil case), the guilt must be
established by proof beyond reasonable doubt.

Effect of Acquittal in Criminal Case

Suppose a defendant in a criminal case is acquitted, can he still be held liable
civilly?
(a) If the reason why there was an acquittal was because the accused could
not have committed the act, no civil action can later on be brought.
(b) If the reason for the acquittal was because of an exempting circumstance
(as in the case of an insane defendant), he would still be civilly liable (if he
has no guardian, or if the guardian who may under the circumstance be
ordinarily liable, is insolvent).
(c) If there is an independent civil action allowed by the law, civil liability may
still arise if this action is instituted and the defendants liability is proved by
mere preponderance of evidence (because while guilt beyond reasonable
doubt might not have been proved, it would be a simpler matter to prove
guilt by mere preponderance of evidence).
Example of Independent Civil Actions
-Defamation (libel, slander)
-Fraud (estafa, deceit) and
-Physical injuries (including attempted, frustrated, or consummated homicide,
murder, parricides or infanticide)
--a civil action for damages, entirely separate and distinct from the criminal
action may be brought by the injured party (or his heirs). Such civil action
shall proceed independently of the criminal prosecution, and shall require
only a preponderance of evidence.

Effect of Reservation of the Civil Aspect

Affidavit of Desistance
Affidavits of desistance (such as an express pardon in private crimes after the
filing of the criminal case) do not justify the dismissal of a criminal complaint.

Art. 1162
Obligations Ex Quasi-Delicts or Ex Quasi-Maleficio Governing laws
(a) Chapter 2, Title 17, Book IV, Civil Code
(b) SpecialLaws

Definition of Quasi-Delict
A quasi-delict is a fault or act of negligence (or omission of care) which
causes damages to another, there being no pre- existing contractual relations
between the parties.

What is Negligence?
Negligence is the failure to observe, for the protection of the interests of
another person, that degree of care, precaution, and vigilance which the
circumstances justly demand, whereby such other person suffers injury.
Test for Determination of Negligence
Would a prudent man (in his position) foresee harm to the person injured as a
reasonable consequence of the course about to be pursued?
If so, the law imposes a duty on the actor to refrain from that course, or to
take precaution against its mischievous results, and the failure to do so constitutes
negli- gence. Reasonable foresight of harm, followed by the ignoring of the
admonition born of this provision, is the constitute fact of negligence.

What are the Requirements Before a Person Can Be Held Liable for a Quasi-Delict
(a) there must be fault or negligence attributable to the person charged;
(b) there must be damage or injury;
(c) there must be a direct relation of cause and effect between the fault or
negligence on the one hand and the damage or injury on the other hand
(proximate cause).

1) Proximate cause is that adequate and efficient cause, which in the natural
order of events, necessarily pro- duces the damages or injury complained of.
2) There are instances when although there is damages, there is no legal
injury or wrong (damnum absque injuria damage without legal injury).
(Example: If a carefully-driven car causes damage to a pedestrian because
the driver was suddenly struck by lightning, this is an instance of damage
without injury.)]