OBLIGATION

Obligation defined. An obligation is a juridical necessity to give, to do, or not to do. It comes from the Latin word
obligare which means to bind through giving, doing or not doing something. It is a juridical necessity because the rights
and duties emanating from obligation may be enforced in courts of justice which may order their performance if refused
or neglected.

REQUISITES OF AN OBLIGATION

Every obligation has four essential requisites, namely:

1. Juridical Tie or vinculum which is the link that binds the parties
2. The Prestation which is the giving, doing or not doing of something
3. The Active Subject which is the person who holds the right to demand the prestation, called obligee or creditor.
4. The Passive Subject which is the person against whom the prestation may be demanded, called obligor or debtor.

SOURCES OF OBLIGATION:

Article 1157 of Civil Code enumerates the sources of obligations, namely:

1. Law
Obligations arising from Law. Law is a rule of conduct, just, obligatory and laid down by legitimate authority for
common observance and benefit. Without it there will be no order in a society which will be ruled by the maxim of what
is might is right. Thus, everyone is presumed to know the law, as ignorance of the law excuses no one in compliance
therewith.

2. Contracts
Obligations arising from Contracts. A contract is the meeting of minds between two persons whereby one binds himself
with respect to the other to give something or render some services. When duly entered into, the obligation arising from a
contract has the full force of law between the parties, hence should be complied with in good faith.

3. Quasi-Contracts
Obligations arising from Quasi-contracts. A quasi contract is a juridical realation arising from lawful, voluntary and
unilateral acts by virtue of which the parties become bound to each other even if they have not consented to be obliged, to
end that no one shall unjustly enriched or benefited at the expense of another. There are two kinds of quasi-contract,
namely: Negotorium gestio and Solutio Indebiti.
Negotorium gestio is the voluntary administration or management of an abandoned business or property belonging to
another without his consent.
Solutio Indebiti is the juridical relation which is created by virtue of a payment by mistake consequently, obliging the
payee to return to payor what he has received.

4. Acts or omissions punishable by law

Obligations arising from crimes. Acts or omissions punishable by law are better known as crimes or delicts, like
homicide or damage to property through reckless imprudence. Under the law a person who is convicted for a criminal
offense may be imprisoned and in addition, will be required to indemnify the heirs of the victim. This obligation is what is
known as civil liability arising from crimes which may be complied with in the restitution, indemnification or reparation
of damages.

5. Quasi –Delict
Obligations arising from Quasi-Delict. A Quasi-delict is a legal wrong committed through the fault or negligence
causing damage to a person or property thereby obliging the wrong doer to pay for the damage done, provided that there
exists no contractual relation between them.

KINDS OF OBLIGATIONS
The Civil Code classifies obligations into:
A. Pure obligation
A Pure obligation is one in which is not subject to any condition or burden and whose fulfillment is neither dependent
upon a future or uncertain or even a past event unknown to the parties, hence immediately demandable.
B. Conditional obligation
A conditional obligation is one, whose performance is subject to a condition which may either be suspensive or resolutory
in effect.
A suspensive condition is one which upon the fulfillment gives rise to the obligation dependent upon it.
A resolutory condition is one which upon fulfillment extinguishes an already existing obligation.
C. Obligation with a period
An obligation with a period is one in which a day certain has been fixed for its fulfillment. This obligation is different
from a conditional obligation because the condition imposed therein may or may not happen, whereas, the period fixed in
this obligation is sure to come although the time as to when is uncertain, as in the death of a person. The period fixed may
be suspensive or resolutory.
d. Alternative obligation
An Alternative obligation is one where various prestations are due, but the performance of one is usually chosen by the
obligor, is sufficient. The choice may be granted to the obligee or creditor.
E. Facultative obligation
In this obligation, only one prestation is due but the obligor or debtor may substitute another in lieu of the prestation due.
The loss or deterioration of the thing intended as a substitute does not render him liable except when the substitution has
already been communicated and on account of negligence, delay or fraud.
F. Joint obligation
A Joint Obligation is one where the entire obligation is to be fulfilled proportionately by the various obligors or debtors,
and each one of the obliges or creditors is entitled and can demand a proportionate part of the credit due from each of
them.
G. Solidary obligation
A Solidary obligation is exactly the opposite of a joint obligation in the sense that each of the solidary debtors is liable for
the entire obligation as long as the same has not been performed, and each of the creditors can demand compliance.
H. Divisible obligation
A Divisible obligation is one capable of being performed partially.
I. Indivisible obligation
This is the exact opposite of divisible obligation as no partial performance is permitted
J. Obligation with a penal clause
An obligation which contains an accessory undertaking to assume a greater liability in case of breach is an
obligation with penal clause. The penal clause is attached to the principal obligation to insure its fulfillment.