LAW1101
1156 Obligation is a juridical necessity to give, to do, or
not to do.
Obligation derived from the Latin word obligatio which
means tying or binding.
- Which the law will enforce.
Right power which a person has under the law.
Wrong (cause of action) an act or omission of one party
in violation of the legal right.
Kinds of Obligation
 Kinds of Obligation from the view of Sanction
a. Civil Obligation – demandable
b. Natural Obligation – not demandable
c. Moral Obligation
 Kinds of Obligation according to the Subject
Matter
a. Real Obligation – obligation to give
b. Personal Obligation – obligation to do or not to
do.
 Positive Personal Obligation – to do or to render
service.
 Negative Persoal Obligation – obligation not to
do.
 POV of Persons Obliged “Sanction”
a. Unilateral – only one part is bound.
b. Bilateral – both parties are bound.
Essential Requisites of an Obligation
a. Active Subject (Creditor)
b. Passive Subject (Debtor)
c. Prestation (Object or to give, to do or not to do)
d. Efficient Cause (Juridical Tie)
Requisites of Prestation or Object
1. Licit (if illicit, it is void)
2. Possible (if impossible, it is void)
3. Determinate or Determinable (or else, void)
4. Pecuniary Value
 Injury – wrongful act or omission which causes
loss or harm to another.
 Damage – result of injury.
1157 Obligation arises from
1. Law
2. Contracts or Obligation ex contractu
3. Quasi Contracts or Obligation ex quasi contractu
– arise from lawful, voluntary and unilateral
acts and which are enforceable to the end that
no one shall be unjustly enriched or benefited
at the expense of another.
a. Negotiorum gestio – this takes place when a
person voluntarily takes charge of another’s
abandoned business without the owner’s
authority.
b. Solutio Indebiti – this takes place when
something is received when there is no right to
demand. Delivered thru mistake.
4. Crimes or acts or omissions punished by law –
arise from civil liability which is the
consequence of a criminal offense.
5. Quasi Delicts, Torts or Obligation ex quasi-
delicto or ex quasi maleficio – arise from
damage caused to another through an act or
omission there being fault or negligence.
1158 Obligations from law are not taken for granted.
Only those:
1. Expressly determined in this code or
2. In special laws are demandable, and shall be
regulated by the precepts of the law which
establishes them;
3. And as to what has not foreseen, by the
provisions of this code.
1159
Contract meeting of minds between two persons
whereby one binds himself, with the respect to the
other, to give, to do something or to render some
service.
Valid Contract should not be against the law, contrary
to morals, good customs, public order, and public
policy.
Obligations arising from contracts governed by the
stipulations, clauses, terms and conditions of their
agreements.
Compliance in good faith compliance or performance in
accordance with the stipulations or terms of the
contract or agreement.
1160 1163
Quasi Contract juridical relation resulting from lawful, Specific or determinate
voluntary and unilateral acts by virtue of which the Ex.
parties become bound to each other to the end that no 1. The watch I am wearing.
one will be unjustly enriched or benefited at the 2. The car sold by X.
expense of the other. 3. The Toyota car with plate no XXV20 (2208)
a. Negotiorum gestio – this takes place when a Generic or indeterminate
person voluntarily takes charge of another’s Ex.
abandoned business without the owner’s 1. A Bulova calendar watch.
authority. 2. A police dog.
b. Solutio Indebiti – this takes place when 3. A cavan of rice.
something is received when there is no right to
demand. Delivered thru mistake. 1164
Real Right (jus in re) right pertaining to person over a
1161 specific thing
Civil liability arising from crimes or delicts. Personal Right (jus ad rem) right pertaining to a person
to demand from another.
Scope of Civil Liability Natural Fruits spontaneous products of the soil, the
1. Restitution young and other products of animals;
2. Reparation for the damage caused; and – court Industrial Fruits produced by lands of any cultivation or
determines the amount of damage: price of a labor;
thing, sentimental value, etc. Civil Fruits those derived by virtue of juridical relation.
3. Indemnification for consequential damages
1165
1162 Determinate Thing specific real obligation.
Obligations arising from Quasi Delicts Indeterminate Thing generic real obligation.

Quasi Delict (culpa aquiliana) act or omission by a 1166

person which causes damages to another giving rise to Accessions are the fruits of a thing or additions to or
an obligation to pay for the damage done, there being improvements upon a thing (principal)
fault or negligence but there is no pre-existing Accessories things joined to or included with the
contractual relation between parties. principal thing for the latter’s embellishment.

Requisites of Quasi Delict When does right to fruits arise? From the time the
1. Omission obligation to deliver arises.
2. Negligence Conditional from the moment the condition happens
3. Damage caused to the plaintiff With a term/period upon the expiration of the
4. Direct relation of omission, being the cause, and term/period
the damage, being the effect Simple from the perfection of the contract
5. No pre-existing contractual relations between
parties 1169
Ordinary Delay mere failure to perform an obligation at
BASIS DELICTS QUASI-DELICTS the appointed time.
Intent Criminal/Malicious Negligence Legal Delay (Default) tantamount to non-fulfillment of
Interest Affects PUBLIC Affects the obligation and arises after an extrajudicial or judicial
interest PRIVATE demand was made upon the debtor.
interest
Liability Criminal & Civil Civil Liability Kinds of Default
Liabilities a. Mora Solvendi delay on the part of the debtor
Purpose Purpose – Indemnification to fulfill his obligation;
punishment
Compromise Cannot be Can be
Requisites:
compromised compromised
1. Failure of the obligor to perform obligation on
Guilt Proved beyond Preponderance
reasonable doubt of evidence the DATE agreed upon;
2. Demand by the creditor;
3. Failure to comply with such demand
Kinds:
1. Mora solvendi ex re default in real obligations
(to give)
2. Mora solvendi ex persona default in personal
obligations (to do)

b. Mora Accipiendi delay on the part of the

creditor.
c. Compensatio Morae delay of the obligors in
reciprocal obligation.

1170
Fraud (deceit or dolo) deliberate intentional evasion of
the faithful fulfillment of an obligation.
Negligence (culpa or fault) voluntary act or omission of
diligence, there being no malice, which prevents the
normal fulfillment of an obligation;
Delay (mora) default or tardiness in the performance of
an obligation after it has been due and demandable;
Contravention of Terms of Obligation (violation)
violation of terms & conditions stipulated in the
obligation; this must not be due to a fortuitious event.

1171
Incidental fraud committed in the performance of an
obligation already existing because of a contract;
incidental fraud obliges the person employing it to pay
damages.
Causal fraud employed in the execution of contract in
order to secure consent; remedy is annulment because
of vitiation of consent.

1172
Negligence lack of foresight or knowledge.
Imprudence lack of skill or precaution.