GENERAL PROVISIONS

Article 1156
- An obligation is a juridical necessity to give, to do, or not to do.
- Referring to civil obligation
- “Juridical necessity” – enforceable in case of noncompliance
- Requisites to Civil Obligation
a) Passive subject (Obligor) – has an obligation to fulfill
b) Active Subject (Obligee) – one who can demand fulfillment of an obligation
c) Prestation/Object/Subject matter – the obligation
d) Juridical tie/Vinculum/Vinculum juris – binds the parties to the civil
obligation
- If there’s an obligation, there is a right
i. Obligation – Article 1156
ii. Right of Action – power to demand prestation
iii. Cause of Action – an action that violates the obligation or a right
iv. Injury – the act that causes harm
v. Damage – harm done
vi. Damages – receivable money be reason of damage done
- Types of obligation
i) Real obligation – obligation to give
a) Specific/Determinate – distinct, irreplaceable
b) Generic/Indeterminate – indistinct, replaceable
ii) Personal obligation – obligation to do or not to do
a) Positive - to do
b) Negative – not to do
Article 1157
- Sources of obligations: Law, Contracts, Quasi-contracts, Delicts, Quasi-delicts
- Obligations arising from law, licit (contracts, quasi-contracts), and illicit acts
(delicts, quasi-delicts)
Article 1158
- Obligations arising from law are not presumed, only those explicitly written on the
Code or in special laws are demandable
- Imposed by the law itself (e.g., payment of taxes)
Article 1159
- Obligations arising from contracts have the power of law and shall be complied
with in good faith
 - “Contract” – meeting of the minds between persons whereby one binds himself to
the other to give or render some service. (Can be written or nonwritten)
- Requirements: COC (Consent, Object, Cause)
- If there is breach plaintiff may demand compensation for damages
Article 1160 – Chapter 1, Title 17 NCC
- Obligations derived from quasi-contracts
- There is no pre-existing contract between parties
- “No one shall be unjustly enriched at the expense of another”
- Kinds of quasi-contract (Nominate quasi-contracts)
a) Negotiorum gestio – management of a property without the knowledge of
the owner of that property
b) Solutio indebiti – to give back what has been unduly received
Article 1161 – RPC, SPC, Chapter 2, Tittle 17 NCC
- Obligations arising from delicts, governed by the penal laws
- Criminal liability results to civil liability
- Effects of delicts: moral evil – public damage, material damage – personal
damage
- Supreme court may modify decision of the lower courts
- Needs proof beyond reasonable doubt
- Scope of civil liability
a) Restitution – return of the thing lost or its monetary value
b) Reparation – payment for the damage done (may include sentimental
damage)
c) Indemnification – loss that resulted from the action will be charged to the
damager.
Article 1162 – Chapter 2, Title 17 NCC, Special Laws
- Obligations arising from quasi-delicts (negligence)
- “tort” or “culpa”
- No pre-existing contract between parties
- Only needs preponderance of evidence, civil liability
- Lighter punishments than delicts (more on pecuniary payment for damages)
- Results from omission of diligence
- “Gross negligence” equivalent treatment to delicts
- Requisites:
a) Omission or negligence by defendant
b) Damage to plaintiff
c) Damage and omission or negligence must be correlate
d) No pre-existing contract