Module XVIII

NATURAL OBLIGATIONS
(Arts. 1423 – 1430)

Natural obligations are those based on equity and natural law which are not
enforceable by means of a court action, but which, after voluntary fulfillment by the
obligor, they authorize the retention of what has been delivered or rendered by reason
thereof.

CIVIL OBLIGATIONS AND NATURAL OBLIGATIONS DISTINGUISHED (Art. 1423)

1. Civil obligations arise from law, contracts, quasi-contracts, delicts and quasi-
delicts, while natural obligations are based not on positive law but on equity
and natural law; and
2. Civil obligations give a right of action to compel their performance, while
natural obligations do not grant such right of action to enforce their
performance.

EXAMPLES OF NATURAL OBLIGATIONS:

1. D borrowed money from C in the amount of P10,000 ten years ago,
evidenced by a written promissory note. Ten years had elapsed, yet no
payment was made by C. The obligation of D, therefore, is extinguished by
prescription. If later on, D knowing that the obligation was already
extinguished, voluntarily paid C, can D still recover the amount paid?

Answer: No, because when a right to sue upon a civil obligation has
prescribed, the obligor who voluntarily performs the contract cannot recover
anymore what he paid or delivered.

2. D owes C P10,000. The debt soon prescribed. Later, X, a third person, pays
C P10,000. D here does not have to reimburse X because the debt already
prescribed when X paid C. if subsequently, D reimburse X voluntarily, after
the reimbursement can D still recover what he paid X?
Answer: No more, because this is another case of natural obligation. The law
states “when without the knowledge or against the will of the debtor, a third
person pays a debt which the obligor is not legally bound to pay because the
action thereon has prescribed, but the debtor later reimburses the third
person, the obligor cannot recover what he has paid.”
3. D owes C P10,000 evidenced by a promissory note due on June 10, 2006.
On the date of maturity, D failed to pay. C files an action for collection, but the
same is unsuccessful because the evidence of the obligation which is the
promissory note got lost. No appeal was made, and the judgement becomes
final. If later, D still paid C voluntarily, can D still recover what he paid?
Answer: No more, because the law says that “when, after an action to civil
obligation has failed, the defendant voluntarily performs the obligation, he
cannot demand the return of what he has delivered or the payment of the
value of the service he has rendered.” (Art. 1428).
4. Payment of legacy in a void will

If the will or last will and testament is void, the legacy would also be void, and
the deceased is considered to have died intestate, that is without a will. The
property, therefore, will be distributed according to law because he died
intestate.

Example: T, testator, executed a will giving a specific car to X as legacy and

remaining portion of his property to be given to his compulsory heirs. However,
one of the pages of the will was left unsigned. By provision of law, the will is
not valid, so as if T died intestate, all property therefore including the specific
car must be given to his legal heirs. If later on, the legal heirs voluntarily
delivered the legacy (the car) to X they cannot recover anymore what they
have given.