Civil and Natural Obligations

Civil Obligation – that which gives you a right of action to demand its performance; you can go to court
to demand performance

Natural – does not give you a right of action; not legally compellable; performance resided in the
conscience of the debtor; nonetheless, it is recognized under the law

Is natural obligation the same as Moral Obligation? NO - A natural obligation is a true obligation. The
concept of a purely moral obligation is not recognized in our laws as a source of obligation. Why? -
Because a purely moral obligation does not produce any legal consequence.

What are the legal consequences produced by Nat Ob?

1. it can be ratified or converted into a civil obligation

2. if natural obligation has been voluntarily fulfilled by the debtor, the creditor is authorized to retain
the payment. – if debtor is bothered by conscience and performed obligation, although natural, debtor
can no longer change his mind later on, walang solian; it necessary that the payment must have been
done voluntarily

What is voluntary fulfillment? If you are not forced, no coercion

Is it sufficient that the performance is free from coercion? NO, it’s not sufficient.

For performance to be considered as voluntary:

1. freedom from coercion

2. freedom from error or mistake

Why free from error or mistake? Art 1956 NCC – the agreement with respect to the payment of interest
must be stipulated in writing, otherwise, it is not due. Creditor can’t demand legally from debtor the
payment of interest.

If agreement was made verbally, is it void? No, it is simply not due

What if, interest is paid, what is the legal consequence? Art 9160 – either a case of natural obligation
or solution indebiti.

Solution indebiti – if payment was made by mistake

How do you know that a situation is a case of natural obligation and not a moral obligation?
Art 1424 – if right of action had already prescribed (extinctive prescription); the right is lost but what
used to be a civil obligation is converted into a natural one

Ex. Promissory note – 10 yr prescription

How do we separate a case of moral from moral obligation?

In a natural obligation, there is still a juridical tie even if the same can no longer be compelled through
court action; there is some circumstance that happened to the juridical tie.

In moral, there is no juridical tie.

If Civil Code recognizes it as an obligation/ recognized by our law, it is a natural obli; if not, then it is
simply a moral obligation. These are scattered al throughout the code