TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Quasi-contracts (Art. 1160)

(c)
1. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
2. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
3. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
4. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

1
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

1. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

2. Requisites or elements of an obligation:

(a) Active subject (obligee or creditor)
(b) Passive subject (obligor or debtor)
(c) Object or prestation (subject matter of the obligation)
(d) Juridical or legal tie (vinculum or efficient cause)

3. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

2
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

4. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

5. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

6. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

7. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

3
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Quasi-contracts (Art. 1160)

(d)
(e) Crimes or delicts (Art. 1161) (See Art.
2142)
(f) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

8. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

10. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

4
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
8. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
9. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
10. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
11. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
12. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

5
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

13. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
14. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

9. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

10. Requisites or elements of an obligation:

(e) Active subject (obligee or creditor)
(f) Passive subject (obligor or debtor)
(g) Object or prestation (subject matter of the obligation)
(h) Juridical or legal tie (vinculum or efficient cause)

6
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

11. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

12. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

13. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

14. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

15. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

7
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(g)
(h) Crimes or delicts (Art. 1161) (See Art.
2142)
(i) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

16. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

8
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

11. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
15. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
16. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
17. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
18. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

9
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

19. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
20. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
21. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

17. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

18. Requisites or elements of an obligation:

(i) Active subject (obligee or creditor)
(j) Passive subject (obligor or debtor)
(k) Object or prestation (subject matter of the obligation)
(l) Juridical or legal tie (vinculum or efficient cause)

10
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

19. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

20. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

21. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

22. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

23. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

11
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(j)
(k) Crimes or delicts (Art. 1161) (See Art.
2142)
(l) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

24. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

12
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

12. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
22. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
23. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
24. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
25. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

13
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

26. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
27. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
28. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

25. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

26. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

14
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(m) Quasi-contracts (Art. 1160)

(n) Crimes or delicts (Art. 1161) (See Art.
2142)
(o) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

27. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

15
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

13. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
29. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
30. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
31. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
32. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
33. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11

16
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

pieces of P100 bills. Can you be compelled to return the excess

considering the negligence of the bank’s teller?
34. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
35. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

28. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

29. Requisites or elements of an obligation:

(m) Active subject (obligee or creditor)
(n) Passive subject (obligor or debtor)
(o) Object or prestation (subject matter of the obligation)
(p) Juridical or legal tie (vinculum or efficient cause)

17
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

30. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

31. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

32. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

33. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

34. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

18
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(p)
(q) Crimes or delicts (Art. 1161) (See Art.
2142)
(r) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

35. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

19
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

14. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
36. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
37. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
38. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
39. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

20
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

40. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
41. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
42. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

36. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

37. Requisites or elements of an obligation:

(q) Active subject (obligee or creditor)
(r) Passive subject (obligor or debtor)

21
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(s) Object or prestation (subject matter of the obligation)

(t) Juridical or legal tie (vinculum or efficient cause)

38. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

39. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

40. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

41. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

42. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

22
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(s)
(t) Crimes or delicts (Art. 1161) (See Art.
2142)
(u) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

43. Requisites for quasi-delict.

(a) Act or omission

23
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

(b) Fault or negligence
fault and damage
(e) No pre-existing contractual
(c) Damage
relations

15. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
43. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
44. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
45. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
46. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was

24
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
47. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
48. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
49. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

44. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

45. Requisites or elements of an obligation:

(u) Active subject (obligee or creditor)
(v) Passive subject (obligor or debtor)

25
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(w) Object or prestation (subject matter of the obligation)

(x) Juridical or legal tie (vinculum or efficient cause)

46. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

47. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

48. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

49. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

50. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

26
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(v)
(w) Crimes or delicts (Art. 1161) (See Art.
2142)
(x) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

51. Requisites for quasi-delict.

(a) Act or omission

27
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

(b) Fault or negligence
fault and damage
(e) No pre-existing contractual
(c) Damage
relations

16. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
50. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
51. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
52. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
53. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was

28
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
54. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
55. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
56. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

52. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

29
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

53. Requisites or elements of an obligation:

(y) Active subject (obligee or creditor)
(z) Passive subject (obligor or debtor)
(aa) Object or prestation (subject matter of the obligation)
(bb) Juridical or legal tie ( vinculum or efficient cause)

54. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

55. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

56. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

57. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

30
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

58. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(y)
(z) Crimes or delicts (Art. 1161) (See Art.
2142)
(aa)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

31
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

59. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

17. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
57. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
58. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
59. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
60. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a

32
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

conscientious neighbour and friend of Don, employed six (6) farmers to

harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
61. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
62. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
63. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

60. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

33
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

61. Requisites or elements of an obligation:

(cc) Active subject (obligee or creditor)
(dd) Passive subject (obligor or debtor)
(ee) Object or prestation (subject matter of the obligation)
(ff) Juridical or legal tie ( vinculum or efficient cause)

62. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

63. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

64. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

65. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

34
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

66. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bb)Quasi-contracts (Art. 1160)

(cc)Crimes or delicts (Art. 1161) (See Art.
2142)
(dd) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

35
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

67. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

18. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
64. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
65. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
66. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
67. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to

36
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

harvest the lanzones planted on the land of Don. As a result, Conan

incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
68. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
69. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
70. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

68. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

37
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

69. Requisites or elements of an obligation:

(gg) Active subject (obligee or creditor)
(hh) Passive subject (obligor or debtor)
(ii) Object or prestation (subject matter of the obligation)
(jj) Juridical or legal tie (vinculum or efficient cause)

70. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

71. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

72. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

73. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

38
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

74. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ee)Quasi-contracts(Art. 1160)
(ff) Crimes or delicts (Art. 1161) (See Art.
2142)
(gg) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

39
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

75. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

19. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
71. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
72. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
73. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
74. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a

40
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

conscientious neighbour and friend of Don, employed six (6) farmers to

harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
75. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
76. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
77. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

76. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

41
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

77. Requisites or elements of an obligation:

(kk) Active subject (obligee or creditor)
(ll) Passive subject (obligor or debtor)
(mm) Object or prestation (subject matter of the obligation)
(nn) Juridical or legal tie ( vinculum or efficient cause)

78. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

79. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

80. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

81. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

42
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

82. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hh) Quasi-contracts (Art. 1160)

(ii) Crimes or delicts (Art. 1161) (See Art.
2142)
(jj) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

43
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

83. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

20. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
78. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
79. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
80. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
81. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to

44
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

harvest the lanzones planted on the land of Don. As a result, Conan

incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
82. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
83. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

84. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

85. Requisites or elements of an obligation:

(oo) Active subject (obligee or creditor)
(pp) Passive subject (obligor or debtor)
(qq) Object or prestation (subject matter of the obligation)
(rr) Juridical or legal tie ( vinculum or efficient cause)

45
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

86. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

87. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

88. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

89. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

90. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

46
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kk)Quasi-contracts(Art. 1160)
(ll) Crimes or delicts (Art. 1161) (See Art.
2142)
(mm) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

91. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

47
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

21. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
84. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
85. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
86. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
87. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

48
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

88. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
89. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
90. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

92. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

93. Requisites or elements of an obligation:

(ss) Active subject (obligee or creditor)
(tt) Passive subject (obligor or debtor)
(uu) Object or prestation (subject matter of the obligation)
(vv) Juridical or legal tie ( vinculum or efficient cause)

49
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

94. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

95. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

96. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

97. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

98. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

50
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nn)Quasi-contracts (Art. 1160)

(oo) Crimes or delicts (Art. 1161) (See Art.
2142)
(pp) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

99. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

51
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

22. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
91. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
92. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
93. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
94. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing” devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

52
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

95. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
96. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
97. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

100. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

101. Requisites or elements of an obligation:

(ww) Active subject (obligee or creditor)
(xx) Passive subject (obligor or debtor)

53
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yy) Object or prestation (subject matter of the obligation)

(zz) Juridical or legal tie (vinculum or efficient cause)

102. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

103. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

104. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

105. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

106. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

54
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qq) Quasi-contracts (Art. 1160)

(rr) Crimes or delicts (Art. 1161) (See Art.
2142)
(ss)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

107. Requisites for quasi-delict.

(a) Act or omission

55
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

(b) Fault or negligence
fault and damage
(e) No pre-existing contractual
(c) Damage
relations

23. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
98. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
99. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
100. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
101. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was

56
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
102. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
103. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
104. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

108. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

109. Requisites or elements of an obligation:

(aaa) Active subject (obligee or creditor)

57
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbb) Passive subject (obligor or debtor)

(ccc) Object or prestation (subject matter of the obligation)
(ddd) Juridical or legal tie (vinculum or efficient cause)

110. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

111. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

112. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

113. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

114. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

58
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(tt)
(uu) Crimes or delicts (Art. 1161) (See Art.
2142)
(vv)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

115. Requisites for quasi-delict.

59
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

24. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
105. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
106. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
107. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
108. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

60
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
109. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
110. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
111. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

61
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

116. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

117. Requisites or elements of an obligation:

(eee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(fff)
(ggg) Object or prestation (subject matter of the obligation)
(hhh) Juridical or legal tie (vinculum or efficient cause)

118. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

119. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

120. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

121. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

62
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

122. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ww)Quasi-contracts (Art. 1160)

(xx)Crimes or delicts (Art. 1161) (See Art.
2142)
(yy)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

63
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

123. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

25. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
112. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
113. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
114. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
115. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

64
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
116. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
117. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
118. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

124. “Obligation” defined. (Art. 1156)

65
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

125. Requisites or elements of an obligation:

(iii) Active subject (obligee or creditor)
(jjj) Passive subject (obligor or debtor)
(kkk) Object or prestation (subject matter of the obligation)
(lll) Juridical or legal tie ( vinculum or efficient cause)

126. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

127. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

128. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

129. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

66
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

130. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zz) Quasi-contracts(Art. 1160)

(aaa) Crimes or delicts (Art. 1161) (See Art.
2142)
(bbb) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

67
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

131. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

26. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
119. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
120. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
121. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
122. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before

68
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the typhoon, however, reached the Philippine area of responsibility,

Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
123. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
124. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
125. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

69
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

132. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

133. Requisites or elements of an obligation:

(mmm) Active subject (obligee or creditor)
(nnn) Passive subject (obligor or debtor)
(ooo) Object or prestation (subject matter of the obligation)
(ppp) Juridical or legal tie (vinculum or efficient cause)

134. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

135. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

136. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

137. Kinds of obligations from the viewpoint of sanction :

70
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

138. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(ccc)
(ddd) Crimes or delicts (Art. 1161) (See Art.
2142)
(eee) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

71
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

139. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

27. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
126. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
127. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
128. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
129. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to

72
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
130. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
131. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
132. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

73
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

140. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

141. Requisites or elements of an obligation:

(qqq) Active subject (obligee or creditor)
(rrr) Passive subject (obligor or debtor)
(sss) Object or prestation (subject matter of the obligation)
(ttt) Juridical or legal tie ( vinculum or efficient cause)

142. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

143. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

144. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

145. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

74
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

146. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(fff) Quasi-contracts
(Art. 1160)
(ggg) Crimes or delicts (Art. 1161) (See Art.
2142)
(hhh) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

75
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

147. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

28. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
133. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
134. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
135. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
136. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

76
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
137. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
138. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
139. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

148. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

77
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

149. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iii) Quasi-contracts
(Art. 1160)
(jjj) Crimes or delicts (Art. 1161) (See Art.
2142)
(kkk) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

78
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

150. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

29. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
140. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
141. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
142. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
143. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,

79
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan, a conscientious neighbour and friend of Don, employed six (6)

farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
144. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
145. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
146. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

151. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

80
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

152. Requisites or elements of an obligation:

(uuu) Active subject (obligee or creditor)
(vvv) Passive subject (obligor or debtor)
(www) Object or prestation (subject matter of the obligation)
(xxx) Juridical or legal tie (vinculum or efficient cause)

153. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

154. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

155. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

156. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

81
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

157. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(lll) Quasi-contracts
(Art. 1160)
(mmm) Crimes or delicts (Art. 1161)
(See Art. 2142)
(nnn) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

82
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

158. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

30. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
147. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
148. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
149. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
150. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,

83
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan, a conscientious neighbour and friend of Don, employed six (6)

farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
151. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
152. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
153. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

84
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

159. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

160. Requisites or elements of an obligation:

(yyy) Active subject (obligee or creditor)
(zzz) Passive subject (obligor or debtor)
(aaaa) Object or prestation (subject matter of the obligation)
(bbbb) Juridical or legal tie (vinculum or efficient cause)

161. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

162. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

163. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

164. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

85
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

165. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooo) Quasi-contracts (Art. 1160)

(ppp) Crimes or delicts (Art. 1161) (See Art.
2142)
(qqq) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

86
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

166. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

31. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
154. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
155. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
156. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
157. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

87
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
158. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
159. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
160. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

167. “Obligation” defined. (Art. 1156)

88
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

168. Requisites or elements of an obligation:

(cccc) Active subject (obligee or creditor)
(dddd) Passive subject (obligor or debtor)
(eeee) Object or prestation (subject matter of the obligation)
(ffff) Juridical or legal tie ( vinculum or efficient cause)

169. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

170. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

171. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

172. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

89
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

173. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrr) Quasi-contracts (Art. 1160)

(sss) Crimes or delicts (Art. 1161) (See Art.
2142)
(ttt) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

90
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

174. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

32. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
161. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
162. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
163. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
164. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before

91
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the typhoon, however, reached the Philippine area of responsibility,

Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
165. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
166. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
167. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

92
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

175. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

176. Requisites or elements of an obligation:

(gggg) Active subject (obligee or creditor)
(hhhh) Passive subject (obligor or debtor)
(iiii) Object or prestation (subject matter of the obligation)
(jjjj) Juridical or legal tie (vinculum or efficient cause)

177. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

178. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

179. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

93
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

180. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

181. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuu) Quasi-contracts (Art. 1160)

(vvv) Crimes or delicts (Art. 1161) (See Art.
2142)
(www) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

94
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

182. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

33. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
168. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
169. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
170. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

95
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

171. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
172. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
173. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
174. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

96
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

183. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

184. Requisites or elements of an obligation:

(kkkk) Active subject (obligee or creditor)
(llll) Passive subject (obligor or debtor)
(mmmm) Object or prestation (subject matter of the obligation)
(nnnn) Juridical or legal tie ( vinculum or efficient cause)

185. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

186. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

187. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

97
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

188. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

189. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(xxx)
(yyy) Crimes or delicts (Art. 1161) (See Art.
2142)
(zzz) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

98
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

190. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

34. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
175. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
176. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
177. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

99
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

178. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
179. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
180. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
181. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

100
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

191. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

192. Requisites or elements of an obligation:

(oooo) Active subject (obligee or creditor)
(pppp) Passive subject (obligor or debtor)
(qqqq) Object or prestation (subject matter of the obligation)
(rrrr) Juridical or legal tie ( vinculum or efficient cause)

193. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

194. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

195. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

101
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

196. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

197. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaa) Quasi-contracts (Art. 1160)

(bbbb) Crimes or delicts (Art. 1161)
(See Art. 2142)
(cccc) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

102
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

198. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

35. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
182. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
183. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
184. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

103
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
185. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
186. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
187. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
188. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

104
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

199. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

200. Requisites or elements of an obligation:

(ssss) Active subject (obligee or creditor)
(tttt) Passive subject (obligor or debtor)
(uuuu) Object or prestation (subject matter of the obligation)
(vvvv) Juridical or legal tie (vinculum or efficient cause)

201. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

202. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

203. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

105
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

204. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

205. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(dddd) Quasi-contracts (Art. 1160)

(eeee) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ffff) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

106
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

206. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

36. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
189. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
190. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
191. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

107
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
192. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
193. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
194. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
195. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

196. amages for the death of Pedro?

108
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

197. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his loan
to Caitlyn. Is this agreement legally enforceable?
198. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
199. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
200. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
201. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

109
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

207. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

208. Requisites or elements of an obligation:

(wwww) Active subject (obligee or creditor)
(xxxx) Passive subject (obligor or debtor)
(yyyy) Object or prestation (subject matter of the obligation)
(zzzz) Juridical or legal tie (vinculum or efficient cause)

209. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

210. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

110
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

211. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

212. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

213. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gggg) Quasi-contracts (Art. 1160)

(hhhh) Crimes or delicts (Art. 1161)
(See Art. 2142)
(iiii)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)

111
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

214. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

37. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
202. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

112
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

203. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
204. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
205. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
206. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
207. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
208. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot

113
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

215. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

216. Requisites or elements of an obligation:

(aaaaa) Active subject (obligee or creditor)
(bbbbb) Passive subject (obligor or debtor)
(ccccc) Object or prestation (subject matter of the obligation)
(ddddd) Juridical or legal tie (vinculum or efficient cause)

217. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

218. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

114
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

219. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

220. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

221. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjj)Quasi-contracts
(Art. 1160)
(kkkk) Crimes or delicts (Art. 1161)
(See Art. 2142)
(llll)Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)

115
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

222. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

38. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
209. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

116
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

210. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
211. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
212. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
213. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
214. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
215. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot

117
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

223. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

224. Requisites or elements of an obligation:

(eeeee) Active subject (obligee or creditor)
(fffff) Passive subject (obligor or debtor)
(ggggg) Object or prestation (subject matter of the obligation)
(hhhhh) Juridical or legal tie (vinculum or efficient cause)

225. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

118
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

226. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

227. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

228. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

229. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

119
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmm) Quasi-contracts (Art. 1160)

(nnnn) Crimes or delicts (Art. 1161)
(See Art. 2142)
(oooo) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

230. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

39. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

120
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
216. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
217. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
218. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
219. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
220. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

121
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

221. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
222. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

231. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

232. Requisites or elements of an obligation:

(iiiii) Active subject (obligee or creditor)
(jjjjj) Passive subject (obligor or debtor)
(kkkkk) Object or prestation (subject matter of the obligation)
(lllll) Juridical or legal tie ( vinculum or efficient cause)

233. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

122
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

234. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

235. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

236. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

237. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

123
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(pppp) Quasi-contracts (Art. 1160)

(qqqq) Crimes or delicts (Art. 1161)
(See Art. 2142)
(rrrr) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

238. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

40. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

124
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
223. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
224. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
225. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
226. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
227. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

125
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

228. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
229. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

239. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

240. Requisites or elements of an obligation:

(mmmmm) Active subject (obligee or creditor)
(nnnnn) Passive subject (obligor or debtor)
(ooooo) Object or prestation (subject matter of the obligation)
(ppppp) Juridical or legal tie (vinculum or efficient cause)

126
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

241. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

242. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

243. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

244. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

245. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

127
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssss) Quasi-contracts (Art. 1160)

(tttt) Crimes or delicts (Art. 1161) (See Art.
2142)
(uuuu) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

246. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

128
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

41. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
230. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
231. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
232. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
233. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

129
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

234. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
235. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
236. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

247. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

248. Requisites or elements of an obligation:

(qqqqq) Active subject (obligee or creditor)
(rrrrr) Passive subject (obligor or debtor)
(sssss) Object or prestation (subject matter of the obligation)
(ttttt) Juridical or legal tie (vinculum or efficient cause)

130
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

249. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

250. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

251. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

252. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

253. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

131
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvv) Quasi-contracts (Art. 1160)

(wwww) Crimes or delicts (Art. 1161)
(See Art. 2142)
(xxxx) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

254. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

132
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

42. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
237. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
238. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
239. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
240. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

133
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

241. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
242. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
243. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

255. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

256. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

134
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyy) Quasi-contracts (Art. 1160)

(zzzz) Crimes or delicts (Art. 1161) (See Art.
2142)
(aaaaa) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

257. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

135
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

43. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
244. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
245. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
246. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
247. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

136
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

248. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
249. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
250. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

258. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

259. Requisites or elements of an obligation:

(uuuuu) Active subject (obligee or creditor)
(vvvvv) Passive subject (obligor or debtor)
(wwwww) Object or prestation (subject matter of the
obligation)

137
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxx) Juridical or legal tie (vinculum or efficient cause)

260. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

261. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

262. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

263. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

264. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

138
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbb) Quasi-contracts (Art. 1160)

(ccccc) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ddddd) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

265. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

139
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

44. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
251. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
252. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
253. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
254. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in

140
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
255. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
256. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
257. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

266. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

141
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

267. Requisites or elements of an obligation:

(yyyyy) Active subject (obligee or creditor)
(zzzzz) Passive subject (obligor or debtor)
(aaaaaa) Object or prestation (subject matter of the obligation)
(bbbbbb) Juridical or legal tie ( vinculum or efficient cause)

268. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

269. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

270. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

271. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

272. Sources of obligations : (Art. 1157)

142
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeee) Quasi-contracts (Art. 1160)

(fffff) Crimes or delicts (Art. 1161) (See Art.
2142)
(ggggg) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

143
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

273. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

45. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
258. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
259. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
260. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
261. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,

144
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan incurred expenses amounting to P60,000.00. The employment of

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
262. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
263. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
264. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

274. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

145
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

275. Requisites or elements of an obligation:

(cccccc) Active subject (obligee or creditor)
(dddddd) Passive subject (obligor or debtor)
(eeeeee) Object or prestation (subject matter of the obligation)
(ffffff) Juridical or legal tie (vinculum or efficient cause)

276. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

277. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

278. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

279. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

280. Sources of obligations : (Art. 1157)

146
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhh) Quasi-contracts (Art. 1160)

(iiiii) Crimes or delicts (Art. 1161) (See Art.
2142)
(jjjjj) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

147
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

281. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

46. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
265. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
266. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
267. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
268. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,

148
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan incurred expenses amounting to P60,000.00. The employment of

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
269. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
270. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
271. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

149
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

282. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

283. Requisites or elements of an obligation:

(gggggg) Active subject (obligee or creditor)
(hhhhhh) Passive subject (obligor or debtor)
(iiiiii) Object or prestation (subject matter of the obligation)
(jjjjjj) Juridical or legal tie (vinculum or efficient cause)

284. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

285. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

286. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

287. Kinds of obligations from the viewpoint of sanction :

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(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

288. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkk) Quasi-contracts (Art. 1160)

(lllll) Crimes or delicts (Art. 1161) (See Art.
2142)
(mmmmm) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

151
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

289. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

47. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
272. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
273. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
274. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
275. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to

152
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
276. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
277. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
278. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

290. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

291. Requisites or elements of an obligation:

(kkkkkk) Active subject (obligee or creditor)
(llllll) Passive subject (obligor or debtor)
(mmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnn) Juridical or legal tie ( vinculum or efficient cause)

292. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

293. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

294. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

295. Kinds of obligations from the viewpoint of sanction :

154
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

296. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnn) Quasi-contracts (Art. 1160)

(ooooo) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ppppp) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

155
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

297. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

48. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
279. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
280. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
281. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
282. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to

156
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
283. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
284. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
285. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

157
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

298. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

299. Requisites or elements of an obligation:

(oooooo) Active subject (obligee or creditor)
(pppppp) Passive subject (obligor or debtor)
(qqqqqq) Object or prestation (subject matter of the obligation)
(rrrrrr) Juridical or legal tie (vinculum or efficient cause)

300. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

301. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

302. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

158
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

303. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

304. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqq) Quasi-contracts (Art. 1160)

(rrrrr) Crimes or delicts (Art. 1161) (See Art.
2142)
(sssss) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

159
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

305. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

49. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
286. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
287. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
288. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

160
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

289. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
290. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
291. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
292. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

161
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

306. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

307. Requisites or elements of an obligation:

(ssssss) Active subject (obligee or creditor)
(tttttt) Passive subject (obligor or debtor)
(uuuuuu) Object or prestation (subject matter of the obligation)
(vvvvvv) Juridical or legal tie ( vinculum or efficient cause)

308. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

309. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

310. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

162
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

311. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

312. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(ttttt)
(uuuuu) Crimes or delicts (Art. 1161)
(See Art. 2142)
(vvvvv) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

163
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

313. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

50. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
293. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
294. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
295. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

164
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

296. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
297. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
298. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

314. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

165
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

315. Requisites or elements of an obligation:

(wwwwww) Active subject (obligee or creditor)
(xxxxxx) Passive subject (obligor or debtor)
(yyyyyy) Object or prestation (subject matter of the obligation)
(zzzzzz) Juridical or legal tie (vinculum or efficient cause)

316. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

317. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

318. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

319. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

320. Sources of obligations : (Art. 1157)

166
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwww) Quasi-contracts (Art. 1160)

(xxxxx) Crimes or delicts (Art. 1161)
(See Art. 2142)
(yyyyy) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

167
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

321. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

51. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
299. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
300. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
301. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
302. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,

168
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan incurred expenses amounting to P60,000.00. The employment of

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
303. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
304. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
305. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

322. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

169
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

323. Requisites or elements of an obligation:

(aaaaaaa) Active subject (obligee or creditor)
(bbbbbbb) Passive subject (obligor or debtor)
(ccccccc) Object or prestation (subject matter of the
obligation)
(ddddddd) Juridical or legal tie (vinculum or efficient cause)

324. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

325. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

326. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

327. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

170
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

328. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzz) Quasi-contracts (Art. 1160)

(aaaaaa) Crimes or delicts (Art. 1161)
(See Art. 2142)
(bbbbbb) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

171
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

329. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

52. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
306. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
307. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
308. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
309. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)

172
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

farmers to harvest the lanzones planted on the land of Don. As a result,

Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
310. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
311. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
312. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

330. “Obligation” defined. (Art. 1156)

173
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

331. Requisites or elements of an obligation:

(eeeeeee) Active subject (obligee or creditor)
(fffffff)Passive subject (obligor or debtor)
(ggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhh) Juridical or legal tie (vinculum or efficient cause)

332. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

333. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

334. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

335. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

174
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

336. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(cccccc) Quasi-contracts (Art. 1160)

(dddddd) Crimes or delicts (Art. 1161)
(See Art. 2142)
(eeeeee) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

175
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

337. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

53. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
313. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
314. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
315. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
316. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

176
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
317. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
318. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
319. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

338. “Obligation” defined. (Art. 1156)

177
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

339. Requisites or elements of an obligation:

(iiiiiii) Active subject (obligee or creditor)
(jjjjjjj) Passive subject (obligor or debtor)
(kkkkkkk) Object or prestation (subject matter of the
obligation)
(lllllll) Juridical or legal tie (vinculum or efficient cause)

340. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

341. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

342. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

343. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

178
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

344. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ffffff) Quasi-contracts
(Art. 1160)
(gggggg) Crimes or delicts (Art. 1161)
(See Art. 2142)
(hhhhhh) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

179
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

345. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

54. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
320. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
321. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
322. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
323. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

180
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
324. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
325. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
326. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

181
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

346. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

347. Requisites or elements of an obligation:

(mmmmmmm) Active subject (obligee or creditor)
(nnnnnnn) Passive subject (obligor or debtor)
(ooooooo) Object or prestation (subject matter of the
obligation)
(ppppppp) Juridical or legal tie (vinculum or efficient cause)

348. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

349. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

350. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

182
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

351. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

352. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(iiiiii)
(jjjjjj) Crimes or delicts (Art. 1161) (See Art.
2142)
(kkkkkk) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

183
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

353. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

55. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
327. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
328. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
329. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

184
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
330. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
331. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
332. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
333. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

185
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

354. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

355. Requisites or elements of an obligation:

(qqqqqqq) Active subject (obligee or creditor)
(rrrrrrr) Passive subject (obligor or debtor)
(sssssss) Object or prestation (subject matter of the
obligation)
(ttttttt) Juridical or legal tie (vinculum or efficient cause)

356. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

357. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

358. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

186
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

359. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

360. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(llllll)
(mmmmmm) Crimes or delicts (Art. 1161)
(See Art. 2142)
(nnnnnn) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

361. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

56. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
334. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
335. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
336. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

188
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the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
337. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
338. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
339. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
340. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

189
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

362. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

363. Requisites or elements of an obligation:

(uuuuuuu) Active subject (obligee or creditor)
(vvvvvvv) Passive subject (obligor or debtor)
(wwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxx) Juridical or legal tie (vinculum or efficient cause)

364. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

365. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

366. Kinds of obligations from the viewpoint of subject matter :

190
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

367. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

368. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooooo) Quasi-contracts (Art. 1160)

(pppppp) Crimes or delicts (Art. 1161)
(See Art. 2142)
(qqqqqq) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

191
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

369. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

57. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
341. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
342. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

192
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

343. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
344. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
345. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
346. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
347. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

193
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

370. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

371. Requisites or elements of an obligation:

(yyyyyyy) Active subject (obligee or creditor)
(zzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

372. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

373. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

194
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

374. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

375. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

376. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrr) Quasi-contracts (Art. 1160)

(ssssss) Crimes or delicts (Art. 1161)
(See Art. 2142)
(tttttt) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

195
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

377. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

58. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
348. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
349. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

196
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
350. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
351. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
352. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
353. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
354. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

197
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

378. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

379. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuu) Quasi-contracts (Art. 1160)

(vvvvvv) Crimes or delicts (Art. 1161)
(See Art. 2142)
(wwwwww) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

198
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

380. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

59. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
355. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
356. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

199
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
357. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
358. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
359. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
360. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
361. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

200
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

381. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

382. Requisites or elements of an obligation:

(cccccccc) Active subject (obligee or creditor)
(dddddddd) Passive subject (obligor or debtor)
(eeeeeeee) Object or prestation (subject matter of the
obligation)
(ffffffff) Juridical or legal tie ( vinculum or efficient cause)

383. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

384. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

201
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

385. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

386. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

387. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxx) Quasi-contracts (Art. 1160)

(yyyyyy) Crimes or delicts (Art. 1161)
(See Art. 2142)
(zzzzzz) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

202
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

388. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

60. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
362. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
363. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

203
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
364. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
365. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
366. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
367. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
368. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

204
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

389. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

390. Requisites or elements of an obligation:

(gggggggg) Active subject (obligee or creditor)
(hhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

391. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

205
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

392. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

393. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

394. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

395. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaa) Quasi-contracts (Art. 1160)

206
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbb) Crimes or delicts (Art. 1161)

(See Art. 2142)
(ccccccc) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

396. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

61. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

207
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

369. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
370. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
371. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
372. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
373. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
374. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

208
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
375. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

397. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

398. Requisites or elements of an obligation:

(kkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(llllllll)
(mmmmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

399. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

209
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

400. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

401. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

402. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

403. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

210
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ddddddd) Quasi-contracts (Art. 1160)

(eeeeeee) Crimes or delicts (Art. 1161)
(See Art. 2142)
(fffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

404. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

62. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

211
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
376. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
377. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
378. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
379. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
380. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

212
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

381. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
382. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

405. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

406. Requisites or elements of an obligation:

(oooooooo) Active subject (obligee or creditor)
(pppppppp) Passive subject (obligor or debtor)

213
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qqqqqqqq) Object or prestation (subject matter of the

obligation)
(rrrrrrrr) Juridical or legal tie ( vinculum or efficient cause)

407. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

408. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

409. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

410. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

411. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

214
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggggg) Quasi-contracts (Art. 1160)

(hhhhhhh) Crimes or delicts (Art. 1161)
(See Art. 2142)
(iiiiiii) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

412. Requisites for quasi-delict.

215
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

63. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
383. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
384. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
385. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
386. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

216
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
387. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
388. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
389. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

413. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

414. Requisites or elements of an obligation:

217
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ssssssss) Active subject (obligee or creditor)

Passive subject (obligor or debtor)
(tttttttt)
(uuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

415. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

416. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

417. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

418. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

419. Sources of obligations : (Art. 1157)

218
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkk) Crimes or delicts (Art. 1161)
(See Art. 2142)
(lllllll) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

420. Requisites for quasi-delict.

219
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

64. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
390. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
391. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
392. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
393. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

220
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
394. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
395. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
396. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

421. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

221
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

422. Requisites or elements of an obligation:

(wwwwwwww) Active subject (obligee or creditor)
(xxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

423. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

424. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

425. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

426. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

222
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

427. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmm) Quasi-contracts (Art.

1160)
(nnnnnnn) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ooooooo) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

223
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

428. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

65. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
397. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
398. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
399. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
400. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

224
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
401. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
402. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
403. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

429. “Obligation” defined. (Art. 1156)

225
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

430. Requisites or elements of an obligation:

(aaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbb) Passive subject (obligor or debtor)
(ccccccccc) Object or prestation (subject matter of the
obligation)
(ddddddddd) Juridical or legal tie (vinculum or efficient cause)

431. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

432. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

433. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

434. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

226
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

435. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ppppppp) Quasi-contracts (Art. 1160)

(qqqqqqq) Crimes or delicts (Art. 1161)
(See Art. 2142)
(rrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

227
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

436. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

66. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
404. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
405. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
406. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
407. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

228
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
408. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
409. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
410. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

411. amages for the death of Pedro?

*** END ***

229
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(eeeeeeeee) Passive
412. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
413. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
On November 15, 2014, Derek entered into an agreement with Caitlyn.
Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment,
(Arts. 1156-1162)

Passive
(fffffffff)
414. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
415. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
416. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
417. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to

230
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
418. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
419. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
420. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

231
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

437. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

438. Requisites or elements of an obligation:

(ggggggggg) Active subject (obligee or creditor)
(hhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

439. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

440. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

441. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

232
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

442. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

443. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(sssssss) Quasi-contracts (Art. 1160)

(ttttttt) Crimes or delicts (Art. 1161)
(See Art. 2142)
(uuuuuuu) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

233
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

444. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

67. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
421. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
422. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
423. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

234
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

424. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
425. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
426. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
427. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

235
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

445. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

446. Requisites or elements of an obligation:

(kkkkkkkkk) Active subject (obligee or creditor)
(lllllllll) Passive subject (obligor or debtor)
(mmmmmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

447. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

448. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

449. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

236
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

450. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

451. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwww) Crimes or delicts (Art. 1161)
(See Art. 2142)
(xxxxxxx) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

237
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

452. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

68. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
428. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
429. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
430. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

238
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

431. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
432. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
433. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
434. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

239
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

453. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

454. Requisites or elements of an obligation:

(ooooooooo) Active subject (obligee or creditor)
(ppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqq) Object or prestation (subject matter of the
obligation)
Juridical or legal tie (vinculum or efficient cause)
(rrrrrrrrr)

455. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

456. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

457. Kinds of obligations from the viewpoint of subject matter :

240
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

458. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

459. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyy) Quasi-contracts (Art. 1160)

(zzzzzzz) Crimes or delicts (Art. 1161)
(See Art. 2142)
(aaaaaaaa) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

241
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

460. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

69. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
435. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
436. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

242
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

437. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
438. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
439. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
440. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
441. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

243
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

461. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

462. Requisites or elements of an obligation:

(sssssssss) Active subject (obligee or creditor)
(ttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

463. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

464. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

244
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

465. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

466. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

467. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbb) Quasi-contracts (Art. 1160)

(cccccccc) Crimes or delicts (Art. 1161)
(See Art. 2142)
(dddddddd) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

245
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

468. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

70. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
442. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
443. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

246
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
444. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
445. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
446. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
447. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
448. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

247
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

469. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

470. Requisites or elements of an obligation:

(wwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

471. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

248
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

472. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

473. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

474. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

475. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeee) Quasi-contracts (Art. 1160)

249
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ffffffff) Crimes or delicts (Art. 1161)

(See Art. 2142)
(gggggggg) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

476. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

71. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

250
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

449. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
450. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
451. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
452. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
453. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
454. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

251
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
455. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

477. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

478. Requisites or elements of an obligation:

(aaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddd) Juridical or legal tie (vinculum or efficient cause)

479. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

252
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

480. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

481. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

482. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

483. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

253
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(hhhhhhhh) Quasi-contracts (Art. 1160)

(iiiiiiii) Crimes or delicts (Art. 1161)
(See Art. 2142)
(jjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

484. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

72. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

254
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
456. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
457. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
458. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
459. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
460. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

255
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

461. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
462. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

485. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

486. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

256
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkk) Quasi-contracts (Art. 1160)

(llllllll) Crimes or delicts (Art. 1161)
(See Art. 2142)
(mmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

487. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

73. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

257
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
463. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
464. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
465. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
466. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
467. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

258
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

468. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
469. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

488. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

489. Requisites or elements of an obligation:

(eeeeeeeeee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ffffffffff)
(gggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

490. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

259
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

491. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

492. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

493. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

494. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

260
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnn) Quasi-contracts (Art. 1160)

(oooooooo) Crimes or delicts (Art. 1161)
(See Art. 2142)
(pppppppp) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

495. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

261
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

74. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
470. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
471. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
472. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
473. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
474. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

262
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
475. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
476. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

496. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

497. Requisites or elements of an obligation:

(iiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjj) Passive subject (obligor or debtor)

263
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkkkk) Object or prestation (subject matter of the

obligation)
(llllllllll) Juridical or legal tie ( vinculum or efficient cause)

498. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

499. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

500. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

501. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

502. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqq) Quasi-contracts (Art. 1160)

(rrrrrrrr) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ssssssss) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

503. Requisites for quasi-delict.

265
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

75. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
477. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
478. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
479. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
480. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

266
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
481. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
482. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
483. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

504. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

505. Requisites or elements of an obligation:

267
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmm) Active subject (obligee or creditor)

(nnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppp) Juridical or legal tie (vinculum or efficient cause)

506. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

507. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

508. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

509. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

510. Sources of obligations : (Art. 1157)

268
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(tttttttt) Quasi-contracts (Art. 1160)

(uuuuuuuu) Crimes or delicts (Art. 1161)
(See Art. 2142)
(vvvvvvvv) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

511. Requisites for quasi-delict.

269
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

76. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
484. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
485. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
486. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
487. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

270
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
488. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
489. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
490. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

271
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

512. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

513. Requisites or elements of an obligation:

(qqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttt) Juridical or legal tie ( vinculum or efficient cause)

514. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

515. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

516. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

517. Kinds of obligations from the viewpoint of sanction :

272
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

518. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwww) Quasi-contracts (Art.

1160)
(xxxxxxxx) Crimes or delicts (Art. 1161)
(See Art. 2142)
(yyyyyyyy) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

273
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

519. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

77. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
491. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
492. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
493. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

274
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

494. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
495. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
496. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
497. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

275
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

520. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

521. Requisites or elements of an obligation:

(uuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

522. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

523. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

524. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

276
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

525. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

526. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaaaa) Crimes or delicts (Art. 1161)
(See Art. 2142)
(bbbbbbbbb) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

277
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

527. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

78. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
498. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
499. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
500. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

278
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

501. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
502. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
503. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
504. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

279
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

528. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

529. Requisites or elements of an obligation:

(yyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

530. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

531. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

532. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

280
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

533. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

534. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ccccccccc) Quasi-contracts (Art. 1160)

(ddddddddd) Crimes or delicts (Art. 1161)
(See Art. 2142)
(eeeeeeeee) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

281
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

535. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

79. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
505. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
506. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
507. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

282
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
508. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
509. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
510. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
511. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

283
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

536. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

537. Requisites or elements of an obligation:

(ccccccccccc) Active subject (obligee or creditor)
(ddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeee) Object or prestation (subject matter of the
obligation)
(fffffffffff) Juridical or legal tie (vinculum or efficient cause)

538. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

539. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

540. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

284
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

541. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

542. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(fffffffff) Quasi-contracts (Art. 1160)

(ggggggggg) Crimes or delicts (Art. 1161)
(See Art. 2142)
(hhhhhhhhh) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :

285
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Negotiorum Gestio (Art. 2144)

(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

543. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

80. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
512. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
513. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
514. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

286
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
515. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
516. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
517. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

544. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

287
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

545. Requisites or elements of an obligation:

(ggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

546. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

547. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

548. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

549. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

288
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

550. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkk) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

289
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

551. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

81. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
518. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
519. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
520. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
521. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,

290
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan, a conscientious neighbour and friend of Don, employed six (6)

farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
522. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
523. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
524. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

552. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

291
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

553. Requisites or elements of an obligation:

(kkkkkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(lllllllllll)
(mmmmmmmmmmm) Object or prestation (subject matter of
the obligation)
(nnnnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

554. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

555. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

556. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

557. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

292
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

558. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(lllllllll) Quasi-contracts (Art. 1160)

(mmmmmmmmm) Crimes or delicts (Art.
1161) (See Art. 2142)
(nnnnnnnnn) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

293
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

559. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

82. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
525. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
526. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
527. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
528. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before

294
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the typhoon, however, reached the Philippine area of responsibility,

Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
529. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
530. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
531. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

295
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

560. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

561. Requisites or elements of an obligation:

(ooooooooooo) Active subject (obligee or creditor)
(ppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

562. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

563. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

564. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

565. Kinds of obligations from the viewpoint of sanction :

296
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

566. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ooooooooo) Quasi-contracts (Art. 1160)

(ppppppppp) Crimes or delicts (Art. 1161)
(See Art. 2142)
(qqqqqqqqq) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

297
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

567. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

83. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
532. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
533. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
534. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

298
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

535. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
536. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
537. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
538. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

299
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

568. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

569. Requisites or elements of an obligation:

(sssssssssss) Active subject (obligee or creditor)
(ttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

570. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

571. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

572. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

300
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

573. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

574. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrr) Quasi-contracts (Art. 1160)

(sssssssss) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

301
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

575. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

84. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
539. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
540. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
541. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

302
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

542. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
543. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
544. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
545. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

303
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

576. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

577. Requisites or elements of an obligation:

(wwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

578. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

579. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

580. Kinds of obligations from the viewpoint of subject matter :

304
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

581. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

582. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuu) Quasi-contracts (Art. 1160)

(vvvvvvvvv) Crimes or delicts (Art. 1161)
(See Art. 2142)
(wwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

305
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

583. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

85. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
546. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
547. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

306
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

548. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
549. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
550. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
551. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
552. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

307
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

584. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

585. Requisites or elements of an obligation:

(aaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddd) Juridical or legal tie (vinculum or efficient cause)

586. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

587. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

308
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

588. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

589. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

590. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyyyy) Crimes or delicts (Art. 1161)
(See Art. 2142)
(zzzzzzzzz) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

309
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

591. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

86. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
553. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
554. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

310
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
555. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
556. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
557. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
558. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
559. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

311
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

592. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

593. Requisites or elements of an obligation:

(eeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffff) Passive subject (obligor or debtor)
(gggggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

594. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

312
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

595. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

596. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

597. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

598. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaa) Quasi-contracts (Art. 1160)

313
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbbbbb) Crimes or delicts (Art.

1161) (See Art. 2142)
(cccccccccc) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

599. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

87. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

314
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

560. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
561. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
562. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
563. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
564. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
565. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

315
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
566. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

600. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

601. Requisites or elements of an obligation:

(iiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllllll) Juridical or legal tie ( vinculum or efficient cause)

602. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

316
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

603. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

604. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

605. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

606. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

317
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(dddddddddd) Quasi-contracts (Art.

1160)
(eeeeeeeeee) Crimes or delicts (Art. 1161)
(See Art. 2142)
(ffffffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

607. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

88. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

318
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
567. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
568. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
569. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
570. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
571. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

319
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

572. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
573. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

608. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

609. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

320
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(gggggggggg) Quasi-contracts (Art.

1160)
(hhhhhhhhhh) Crimes or delicts (Art.
1161) (See Art. 2142)
(iiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

610. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

89. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

321
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
574. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
575. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
576. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
577. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
578. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

322
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

579. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
580. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

611. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

612. Requisites or elements of an obligation:

(mmmmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppppp) Juridical or legal tie (vinculum or efficient cause)

613. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

323
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

614. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

615. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

616. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

617. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

324
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkkkk) Crimes or delicts (Art. 1161)
(See Art. 2142)
(llllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

618. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

325
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

90. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
581. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
582. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
583. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
584. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
585. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

326
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
586. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
587. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

619. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

620. Requisites or elements of an obligation:

(qqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrr) Passive subject (obligor or debtor)

327
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ssssssssssss) Object or prestation (subject matter of the

obligation)
(tttttttttttt) Juridical or legal tie (vinculum or efficient cause)

621. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

622. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

623. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

624. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

625. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

328
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmm) Quasi-contracts (Art.

1160)
(nnnnnnnnnn) Crimes or delicts (Art.
1161) (See Art. 2142)
(oooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

626. Requisites for quasi-delict.

329
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

91. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
588. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
589. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
590. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
591. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

330
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
592. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
593. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
594. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

627. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

628. Requisites or elements of an obligation:

331
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(uuuuuuuuuuuu) Active subject (obligee or creditor)

(vvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

629. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

630. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

631. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

632. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

633. Sources of obligations : (Art. 1157)

332
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pppppppppp) Quasi-contracts (Art.

1160)
(qqqqqqqqqq) Crimes or delicts (Art.
1161) (See Art. 2142)
(rrrrrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

333
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

634. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

92. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
595. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
596. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
597. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
598. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,

334
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan incurred expenses amounting to P60,000.00. The employment of

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
599. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
600. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
601. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

335
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

635. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

636. Requisites or elements of an obligation:

(yyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

637. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

638. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

639. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

640. Kinds of obligations from the viewpoint of sanction :

336
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

641. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ssssssssss) Quasi-contracts (Art. 1160)

(tttttttttt) Crimes or delicts (Art. 1161)
(See Art. 2142)
(uuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

337
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

642. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

93. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
602. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
603. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
604. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

338
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

605. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
606. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
607. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
608. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

339
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

643. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

644. Requisites or elements of an obligation:

(ccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeee) Object or prestation (subject matter of the
obligation)
(fffffffffffff) Juridical or legal tie (vinculum or efficient cause)

645. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

646. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

647. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

340
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

648. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

649. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwwwwww) Crimes or delicts (Art.
1161) (See Art. 2142)
(xxxxxxxxxx) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

341
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

650. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

94. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
609. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
610. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
611. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

342
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

612. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
613. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
614. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
615. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

343
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

651. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

652. Requisites or elements of an obligation:

(ggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

653. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

654. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

655. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

344
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

656. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

657. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyy) Quasi-contracts (Art. 1160)

(zzzzzzzzzz) Crimes or delicts (Art. 1161)
(See Art. 2142)
(aaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

345
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

658. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

95. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
616. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
617. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
618. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

346
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
619. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
620. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
621. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
622. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

347
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

659. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

660. Requisites or elements of an obligation:

(kkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmmmm) Object or prestation (subject matter of
the obligation)
(nnnnnnnnnnnnn) Juridical or legal tie ( vinculum or efficient cause)

661. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

662. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

663. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation

348
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

664. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

665. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbb) Quasi-contracts (Art.

1160)
(ccccccccccc) Crimes or delicts (Art.
1161) (See Art. 2142)
(ddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.

349
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

2 principal kinds of quasi-contracts :

(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

666. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

96. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
623. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
624. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
625. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on

350
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
626. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
627. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
628. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
629. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

351
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

630. amages for the death of Pedro?

*** END ***

631. Derek will render free service as a servant to Caitlyn until

such time that Derek is able to raise the money with which to pay his loan
to Caitlyn. Is this agreement legally enforceable?
632. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
633. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
634. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
635. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot

352
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

667. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

668. Requisites or elements of an obligation:

(ooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

669. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

353
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

670. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

671. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

672. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

673. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeee) Quasi-contracts (Art.

1160)

354
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(fffffffffff) Crimes or delicts (Art. 1161)

(See Art. 2142)
(ggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

674. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

97. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

355
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

636. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
637. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
638. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
639. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
640. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
641. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

356
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
642. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

675. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

676. Requisites or elements of an obligation:

(sssssssssssss) Active subject (obligee or creditor)
(ttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvvvv) Juridical or legal tie ( vinculum or efficient cause)

677. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

357
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

678. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

679. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

680. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

681. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

358
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(hhhhhhhhhhh) Quasi-contracts (Art.

1160)
(iiiiiiiiiii) Crimes or delicts (Art. 1161)
(See Art. 2142)
(jjjjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

682. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

98. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

359
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
643. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
644. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
645. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
646. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
647. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

360
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

648. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
649. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

683. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

684. Requisites or elements of an obligation:

(wwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxx) Passive subject (obligor or debtor)

361
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yyyyyyyyyyyyy) Object or prestation (subject matter of the

obligation)
(zzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

685. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

686. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

687. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

688. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

689. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

362
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkk) Quasi-contracts (Art.

1160)
(lllllllllll) Crimes or delicts (Art. 1161)
(See Art. 2142)
(mmmmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

690. Requisites for quasi-delict.

363
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

99. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
650. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
651. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
652. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
653. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

364
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
654. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
655. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
656. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

691. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

692. Requisites or elements of an obligation:

365
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaaa) Active subject (obligee or creditor)

(bbbbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddddd) Juridical or legal tie (vinculum or efficient
cause)

693. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

694. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

695. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

696. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

366
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

697. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnn) Quasi-contracts (Art.

1160)
(ooooooooooo) Crimes or delicts (Art.
1161) (See Art. 2142)
(ppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

367
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

698. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

100. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
657. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
658. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
659. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
660. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,

368
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan, a conscientious neighbour and friend of Don, employed six (6)

farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
661. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
662. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
663. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

369
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

699. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

700. Requisites or elements of an obligation:

(eeeeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffffff) Passive subject (obligor or debtor)
(gggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

701. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

702. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

703. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

370
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

704. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

705. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(qqqqqqqqqqq) Quasi-contracts (Art.

1160)
(rrrrrrrrrrr) Crimes or delicts (Art. 1161)
(See Art. 2142)
(sssssssssss) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

371
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

706. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

101. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
664. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
665. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
666. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

372
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

667. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
668. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
669. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
670. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

373
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

707. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

708. Requisites or elements of an obligation:

(iiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllllllll) Juridical or legal tie (vinculum or efficient cause)

709. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

710. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

711. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

374
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

712. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

713. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttttttttttt) Quasi-contracts (Art. 1160)

(uuuuuuuuuuu) Crimes or delicts (Art.
1161) (See Art. 2142)
(vvvvvvvvvvv) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)

375
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

714. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

102. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
671. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
672. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
673. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

376
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

674. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
675. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
676. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
677. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

715. Kinds of obligations from the viewpoint of sanction :

377
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

716. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(wwwwwwwwwww) Quasi-contracts (Art.

1160)
(xxxxxxxxxxx) Crimes or delicts (Art.
1161) (See Art. 2142)
(yyyyyyyyyyy) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

378
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

717. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

103. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
678. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
679. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
680. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

379
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

681. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
682. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
683. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
684. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

380
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

718. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

719. Requisites or elements of an obligation:

(mmmmmmmmmmmmmm)
(nnnnnnnnnnnnnn)
(oooooooooooooo)
the obligation)
(pppppppppppppp)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

720. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

721. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

722. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)

381
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b.2.) Negative – obligation not to do (Art. 1168)

723. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

724. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(zzzzzzzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaaaaaaa) Crimes or delicts (Art.
1161) (See Art. 2142)
(bbbbbbbbbbbb) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

382
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

725. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

104. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
685. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
686. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
687. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

383
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
688. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
689. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
690. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
691. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

384
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

726. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

727. Requisites or elements of an obligation:

(qqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

728. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

729. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

730. Kinds of obligations from the viewpoint of subject matter :

385
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Real obligation - obligation to give

(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

731. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

732. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(cccccccccccc) Quasi-contracts (Art.

1160)
(dddddddddddd) Crimes or delicts (Art.
1161) (See Art. 2142)
(eeeeeeeeeeee) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

386
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

733. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

105. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
692. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
693. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

387
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

694. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
695. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
696. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
697. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
698. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

388
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

734. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

735. Requisites or elements of an obligation:

(uuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or efficient cause)

736. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

737. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

389
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

738. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

739. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

740. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ffffffffffff)Quasi-contracts (Art. 1160)

(gggggggggggg) Crimes or delicts (Art.
1161) (See Art. 2142)
(hhhhhhhhhhhh) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

390
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

741. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

106. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
699. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
700. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

391
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
701. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
702. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
703. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
704. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
705. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

392
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

742. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

743. Requisites or elements of an obligation:

(yyyyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient
cause)

744. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

393
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

745. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

746. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

747. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

748. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

394
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(iiiiiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjjjjj) Crimes or delicts (Art. 1161)
(See Art. 2142)
(kkkkkkkkkkkk) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

749. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

107. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

395
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
706. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
707. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
708. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
709. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
710. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

396
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

711. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
712. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

750. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

751. Requisites or elements of an obligation:

(ccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

752. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

397
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

753. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

754. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

755. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

756. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

398
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(llllllllllll)Quasi-contracts (Art. 1160)

(mmmmmmmmmmmm) Crimes or
delicts (Art. 1161) (See Art. 2142)
(nnnnnnnnnnnn) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

757. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

399
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

108. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
713. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
714. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
715. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
716. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
717. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

400
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
718. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
719. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

758. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

759. Requisites or elements of an obligation:

(ggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhh) Passive subject (obligor or debtor)

401
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(iiiiiiiiiiiiiii) Object or prestation (subject matter of the

obligation)
(jjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

760. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

761. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

762. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

763. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

764. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

402
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooooooooooo) Quasi-contracts (Art.

1160)
(pppppppppppp) Crimes or delicts (Art.
1161) (See Art. 2142)
(qqqqqqqqqqqq) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

765. Requisites for quasi-delict.

403
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

109. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
720. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
721. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
722. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
723. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

404
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
724. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
725. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
726. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

766. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

767. Requisites or elements of an obligation:

405
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkkkkkkkkkkk) Active subject (obligee or creditor)

(lllllllllllllll)Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

768. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

769. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

770. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

771. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

406
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

772. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(rrrrrrrrrrrr)Quasi-contracts (Art. 1160)

(ssssssssssss) Crimes or delicts (Art.
1161) (See Art. 2142)
(tttttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

407
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

773. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

110. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
727. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
728. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
729. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
730. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)

408
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

farmers to harvest the lanzones planted on the land of Don. As a result,

Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
731. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
732. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

774. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

775. Requisites or elements of an obligation:

(ooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

409
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

776. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

777. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

778. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

779. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

780. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

410
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(uuuuuuuuuuuu) Quasi-contracts (Art.

1160)
(vvvvvvvvvvvv) Crimes or delicts (Art.
1161) (See Art. 2142)
(wwwwwwwwwwww) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

781. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

411
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

111. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
733. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
734. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
735. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
736. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in

412
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
737. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
738. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
739. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

782. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

783. Requisites or elements of an obligation:

(sssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttt) Passive subject (obligor or debtor)

413
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(uuuuuuuuuuuuuuu) Object or prestation (subject matter of

the obligation)
(vvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

784. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

785. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

786. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

787. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

788. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

414
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(xxxxxxxxxxxx) Quasi-contracts (Art.

1160)
(yyyyyyyyyyyy) Crimes or delicts (Art.
1161) (See Art. 2142)
(zzzzzzzzzzzz) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

789. Requisites for quasi-delict.

415
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

112. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
740. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
741. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
742. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
743. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of

416
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
744. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
745. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
746. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

790. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

417
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

791. Requisites or elements of an obligation:

(wwwwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

792. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

793. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

794. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

795. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity

418
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

796. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(aaaaaaaaaaaaa) Quasi-contracts (Art.

1160)
(bbbbbbbbbbbbb) Crimes or delicts (Art.
1161) (See Art. 2142)
(ccccccccccccc) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

419
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

797. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

113. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
747. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
748. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
749. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
750. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”

420
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
751. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
752. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
753. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

798. “Obligation” defined. (Art. 1156)

421
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Explain why an obligation is a “juridical necessity.”

(b) Distinguish an “obligation” from a “contract”

799. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaa)
(bbbbbbbbbbbbbbbb)
(cccccccccccccccc)
the obligation)
(dddddddddddddddd)
cause)
Active subject (obligee or creditor)
Passive subject (obligor or debtor)
Object or prestation (subject matter of
Juridical or legal tie (vinculum or efficient

800. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

801. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

802. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

803. Kinds of obligations from the viewpoint of sanction :

422
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

804. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ddddddddddddd) Quasi-contracts (Art.

1160)
(eeeeeeeeeeeee) Crimes or delicts (Art.
1161) (See Art. 2142)
(fffffffffffff) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

423
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

805. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

114. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
754. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
755. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
756. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?

424
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

757. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
758. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
759. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
760. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

425
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

806. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

807. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ffffffffffffffff)
(gggggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

808. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

809. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

426
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

810. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

811. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

812. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ggggggggggggg) Quasi-contracts (Art.

1160)
(hhhhhhhhhhhhh) Crimes or delicts (Art.
1161) (See Art. 2142)
(iiiiiiiiiiiii) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

427
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

813. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

115. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
761. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
762. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

428
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

763. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
764. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
765. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
766. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
767. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

429
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

814. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

815. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

816. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

817. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

430
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

818. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

819. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

820. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(jjjjjjjjjjjjj)Quasi-contracts (Art. 1160)

(kkkkkkkkkkkkk) Crimes or delicts (Art.
1161) (See Art. 2142)
(lllllllllllll) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

431
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

821. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

116. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
768. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
769. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

432
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
770. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
771. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
772. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
773. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
774. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

433
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

822. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

823. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmm) Active subject (obligee or
creditor)
(nnnnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

824. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

434
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

825. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

826. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

827. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

828. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mmmmmmmmmmmmm) Quasi-contracts
(Art. 1160)

435
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(nnnnnnnnnnnnn) Crimes or delicts (Art.

1161) (See Art. 2142)
(ooooooooooooo) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

829. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

117. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

436
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

775. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
776. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
777. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
778. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
779. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
780. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

437
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
781. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

830. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

831. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssss) Object or prestation (subject matter of
the obligation)
(tttttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

832. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

438
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

833. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

834. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

835. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

836. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

439
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ppppppppppppp) Quasi-contracts (Art.

1160)
(qqqqqqqqqqqqq) Crimes or delicts (Art.
1161) (See Art. 2142)
(rrrrrrrrrrrrr) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

837. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

118. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

440
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
782. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
783. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
784. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
785. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
786. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

441
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

787. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
788. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

838. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

839. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

442
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(sssssssssssss) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(ttttttttttttt)
(See Art. 2142)
(uuuuuuuuuuuuu) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

840. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

119. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

443
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
789. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
790. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
791. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
792. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
793. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

444
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

794. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
795. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

841. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

842. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient
cause)

445
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

843. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

844. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

845. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

846. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

847. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

446
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vvvvvvvvvvvvv) Quasi-contracts (Art.

1160)
(wwwwwwwwwwwww) Crimes or
delicts (Art. 1161) (See Art. 2142)
(xxxxxxxxxxxxx) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

848. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(c) Damage (e) No pre-existing contractual

447
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

120. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
796. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
797. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
798. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
799. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

448
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

800. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
801. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
802. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

849. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

850. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyy) Active subject (obligee or creditor)

449
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Passive subject (obligor or debtor)

(zzzzzzzzzzzzzzzz)
(aaaaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient
cause)

851. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

852. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

853. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

854. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

855. Sources of obligations : (Art. 1157)

450
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yyyyyyyyyyyyy) Quasi-contracts (Art.

1160)
(zzzzzzzzzzzzz) Crimes or delicts (Art.
1161) (See Art. 2142)
(aaaaaaaaaaaaaa) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

451
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

856. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

121. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
803. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
804. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
805. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
806. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,

452
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan incurred expenses amounting to P60,000.00. The employment of

the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
807. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
808. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
809. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

857. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

453
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

858. Requisites or elements of an obligation:

(ccccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

859. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

860. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

861. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

862. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

454
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

863. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbbbbbbbbbbbbb) Quasi-contracts (Art.

1160)
(cccccccccccccc) Crimes or delicts (Art.
1161) (See Art. 2142)
(dddddddddddddd) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

455
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

864. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

122. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
810. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
811. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
812. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
813. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,

456
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Conan, a conscientious neighbour and friend of Don, employed six (6)

farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
814. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
815. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
816. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

457
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

865. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

866. Requisites or elements of an obligation:

(ggggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

867. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

868. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

869. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

458
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

870. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

871. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eeeeeeeeeeeeee) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(ffffffffffffff)
(See Art. 2142)
(gggggggggggggg) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)

459
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

872. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

123. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
817. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
818. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
819. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise

460
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
820. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
821. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
822. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
823. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

461
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

873. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

874. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

875. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

876. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

877. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give

462
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

878. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

879. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhhhhhhhhhhhhh) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(iiiiiiiiiiiiii)
(See Art. 2142)
(jjjjjjjjjjjjjj) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

463
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

880. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

124. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
824. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
825. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

464
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

826. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
827. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
828. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
829. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
830. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

465
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

881. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

882. Requisites or elements of an obligation:

(ooooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

883. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

884. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.

466
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

885. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

886. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

887. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkkkkkkkkkkkkk) Quasi-contracts (Art.

1160)
Crimes or delicts (Art. 1161)
(llllllllllllll)
(See Art. 2142)
(mmmmmmmmmmmmmm) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 quasi-delict defined (Art. 2176)

 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

888. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

125. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
831. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

468
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

832. Christian and Carina entered into an agreement. For a

consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
833. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
834. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
835. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
836. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
837. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

889. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

890. Requisites or elements of an obligation:

(sssssssssssssssss) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ttttttttttttttttt)
(uuuuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

891. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

892. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

893. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

894. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

895. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(nnnnnnnnnnnnnn) Quasi-contracts (Art.

1160)

471
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(oooooooooooooo) Crimes or delicts (Art.

1161) (See Art. 2142)
(pppppppppppppp) Quasi-
delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

896. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

126. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

472
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

838. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
839. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
840. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
841. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip to
the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. The employment of
the farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
842. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
843. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

473
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
844. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

845. amages for the death of Pedro?

*** END ***

474