BOOK IV Nature of obligations in Art.
1156; Civil and
Obligations and Contracts
TITLE
Obligations
CHAPTER 1
General Provisions
ARTICLE 1156.
“An obligation is juridical necessity to give,
to do, or not to do. (n)”
“Ang obligasyon ay isang Juridical necessity na
magbigay, gawin at, hindi gawin.”
Obligation derived from the latin word
“obligatio” meaning tying or binding. Joridical
necessity connote that in case of noncompliance,
there will be legal sanction.
Elements:
 Active Subject – the one is demanding the
performance (Creditor)
 Passive Subject – the one bound to perform
the prestation to give, to give, to do, or not
to do.
 Prestation or Object – the subject matter of
the obligation
Object refers to the property or the
things.
Prestation is the subject matter of the
obligation.
 Efficient Cause – the juridical tie or
vinculum by virtue of which the debtor has
become bound to perform the prestation.
1. Obligation to give – consist in the delivery
of a movable or immovable thing to the
creditor. Example: Obligation to deliver the
thing in sale, deposit, pledge, donation, anti-
chresis.
2. Obligation to do – covers all kinds of works
or services whether physical or mental.
Example: Contract for professional services
like painting, modelling, singing.
3. Obligation not to do – consist in refraining
from doing some acts like producing
aggravating noise, offensive odor, smoke,
heat.
Natural Obligations Distinguished. –
The definition of obligation in Article 1156 refers to
civil obligations which are enforceable in court
when breached. It does not cover natural
obligations.
Kinds of Obligations
(a) As to judicial enforceability
1. Civil obligation – It is an when the debtor or
obligor did not fulfilled its obligation to the
creditor or obligee that can be enforced
through a civil suit or action in a court.
2. Natural obligation – It is a special kind of
obligation which cannot be enforced in court
but which authorizes the retention of the
voluntary payment or performance made by
the debtor.
3. Moral obligation – It is a duty which one
owes, and which he ought to perform, but
not legally bound to fulfill. This is an
obligation from moral law developed by the
church the church and not enforced on court.
It deals with the spiritual obligation of a
person in relation to his God or Church.
(b) As to the subject matter
1. Real obligation – obligation to give
2. Personal obligation – obligation to do or not
to do.
(c) As to the number of persons bound to perform
1. Unilateral obligation – It is when only one
of the parties are bound to fulfill a
prestation.
2. Bilateral obligation – It is when both parties
are bound to perform.
Reciprocal obligation are which arise from the same
cause, wherein each party is a debtor and a creditor
of the other. (ASJ Corporation vs. Evangelista, 545
SCRA 300)
(d) As to the capacity of fulfillment
1. Possible obligation – It is when an
obligation that can be fulfilled in nature or in
law.
2. Impossible obligation – It is when an
obligation that cannot be fulfilled in nature
or in law.
(e) As to susceptibility of partial fulfillment
1. Divisible obligation – Requires the giving of
definite things and the same can be partially
performed.
2. Indivisible obligation – Requires the giving
of definite things and the same cannot be
partially performed.
(f) as to their dependance upon one another
1. Principal obligation – Main obligation
created by the parties.
2. Accessory obligation – Secondary obligation
created to guarantee the fulfillment of the
principal obligation.
(g) As to the existence of a burden or condition
1. Pure obligation – Not subject to any
conditions and no specific date is mentioned
for its fulfillment but immediately
demanded.
2. Condition obligation – Subject to conditions,
it can be suspensive and performance of
which depends on an uncertainty.
3. Obligation with a term – Subject to the
happening of an event which will surely
happen, but the date is uncertain. The
obligation becomes demandable only when
the term expired.
(h) As to the nature of performance
1. Positive obligation – When the debtor is
oblige to give or to do something in favor of
the creditor.
2. Negative obligation – When the debtor is not
oblige to give or to do anything. That is, he
must refrain from doing something.
(i) As to the nature of creation of the obligation
1. Legal obligation – Obligation imposed by
law.
2. Conventional obligation – Obligation
established by the agreement of the parties
like contracts.
(j) As to the character of responsibility or liability
1. Joint obligation – Obligation where creditor
has the right to demand full and complete
compliance of an obligation against both of
the debtors.
2. Solidary obligation – Obligation that are
bound together, each liable for the whole
performance, or obligees to be bound
together, all owed just a single performance
and each entitled to the entirety of it.
(k) As to the grant of right to choose one prestation
out of several, or to substitute the first one.
1. Alternative obligation – Obligation where
the obligor may choose one out of several
prestation.
2. Facultative obligation – Obligation where
there are only one prestation. But the obligor
may render one in substitution of the first
one.
(l) As to the imposition of penalty
1. Simple obligation – Obligation where there
is no penalty imposed for violation of terms
thereof.
2. Obligation with penalty – Obligation where
there is a penalty imposed for violation of
terms thereof.
ARTICLE 1157.
Obligation arise from:
1. Law;
2. Contracts;
3. Quasi-Contracts;
4. Act or omissions punished by law; and
5. Quasi-delicts
Ang obligasyon ay maaaring manggaling:
1. Batas;
2. Kontrata:
3. Quasi-Kontrata
4. Kilos o kilos na masama na pinaparusahan
ng batas: at
5. Quasi-delicts
Sourcers of Obligations
 Law (obligation ex lege)-like the duty to pay
taxes and to support one’s family.
 Contracts (obligation ex contractu) – like the
duty to repay a loan by virtue of an
agreement.
 Quasi-contracts (obligation ex quasi-
contractu) – like the duty to refund an “over
change” of money because of the quasi-
contract of solution indebiti or “under
payment.”
 Crimes or Acts of Omissions Punished by
Law (obligation ex maleficio or ex delicto) –
like the duty to return a stolen carabao.
 Quasi-delicts or Torts- (obligation ex quasi-
delicto or ex quasi-maleficio) – like the duty
to repair damage due to negligence.
ARTICLE 1158.
“Obligations derived from the law are not
presumed. Only those expressly determined
in this Code or in special laws are
demandable, and shall be regulated by the
precepts of the law which establishes them;
and as to what has not been foreseen, by rge
provisions of this Book. (1090)”
“Ang mga obligasyon na hango sa batas ay
hindi inaakala. Ang mga obligasyon lamang na
hayagang nakasaad sa Code na ito at mga
espesyal na batas ang may bias, at pinapatakbo
ng mga utos ng batas na nagtatag ng mga ito;
para sa mga obligasyon na hindi inaasahan, sila
ay bibigyang bias ng probisyon ng Libro na ito.”
Discussion:
When obligations are not expressly provided
by law, they cannot be presumed to exist – thus
making the not demandable nor enforceable.
When the act itself is the source of the
obligation and not the law:
The law merely acknowledges the existence
of an obligation generated by an act;
It constitutes a contract, quasi-contract, delict
or quasi-delict;
Its only purpose is to regulate the obligation
which did not arise from the law.
When the source of the obligation is the law
itself.
1. The law creates the obligation;
2. The act upon which it is based is nothing
more than a mere factor for determining
the moment when it becomes
demandable.
ARTICLE 1159.
“Obligation arising from contracts gave the
force of law between the contracting parties and
should be complied with in good faith.”
“Ang mga obligasyon na nag simula sa mga
kontrata at nagkaroon ng bias sa batas sa pagitan ng
mga nagkasundong partido ay dapat gampanan ito
ng may mabuting kalooban.”
*Distinction between Obligation and Contract
 Obligation – is a judicial necessity to give,
to do, or not to do (1156), while
 Contract – is the meeting of the minds
between two persons whereby one bind
himself with respect to the other, to give
something, or to render some services.
(Art.1305)
 Obligation Arising from contracts – it is an
established doctrine of law and sustained by
the settled practice of the courts, that a man
obligates himself to do that to which he
promises to be bound, because that to which
he promises to be bound, because that which
is agreed to in a contract is the law between
such contracting parties. This rule, however,
is subject to a condition that a court is not
contrary to law, morals, good customs,
public order, or public policy.
Freedom to Contract – The contracting parties may
establish may establish such stipulations, clauses,
terms and conditions as they may deem convenient,
provided they are not contrary to law, morals, good
customs, public order, or public policy.
Perfection of Contract – Contracts are perfected
when consented, and from that moment the parties
are bound to the fulfillment of what was expressed
in the contract even the consequences.
Force of Law – When the contract has been enforce
to the law between the parties, both of them are
bound to the obligation expressed therein (Baron
Marketing Corp. vs. CA, 286 SCRA 96 [1998])
Obligation Arising from Contract – Obligations that
arises from contracts entered into by the contracting
parties are primarily govern by stipulations, clauses,
terms and conditions of there agreements. If they do
not violate any law, morals, good customs, public
order, or public policy and shall have the force of
law and should be compiled with in good faith.
Exceptions to the Rule – Some contracts are valid
and do not violate Art. 1306 and yet, they may not
be enforced totally, if their prestation are
unconscionable and unreasonable. The contract
which provides for unconscionable attorney’s fees
may be disregarded by the court. (Bachrach vs.
Golingco, 39 Phil. 138; Borcena vs. IAC 147 SCRA
111)
Falsification of a Valid Contract – Some provisions
thereof has been added without knowledge of the
contracting parties. Only the unauthorized insertion
will be disregarded.
Interpretation of a Contract involves a Question of
Law – A contract is in the nature of law between
parties and their succession interest, its
interpretation involves a question of law (Melliza
vs. Iloilo, 131 Phil. 1006; Republic vs. Lichauco, 46
SCRA 305; Weldon Construction Corp. vs. CA, 154
SCRA 618)
ARTICLE 1160.
“Obligations derived from quasi-contracts
shall be subject to the provisions of Chapter I,
Title XVII of this Book.”
Discussion:
A quasi-contract is a juridical relation which
arises from a lawful, voluntary and unilateral act/s
executed by somebody for the benefit of another
and for which the former must be indemnified to the
end that no one shall be enriched or benefited at the
express of another (Article 2142).
Presumption Consent – The consent in quasi-
contracts is referred to as presumptive consent.
Since a quasi-contract is unilateral contract created
by the act/s of the gestor, the consent is provided by
law through presumption. This consent gives rise to
multiple judicial relations which result in
obligations for the delivery of the thing or rendition
of service.
ARTICLE 1161.
“Civil obligations arising from criminal
offenses shall be governed by the penal laws,
subject to the provisions of Article 2177, and the
pertinent provisions of chapter 2, Preliminary
title on Human Relations, and to XVIII of this
Book, regulating damages.”
“Ang mga obligasyong sibil na nagmumula sa
mga criminal na opensa ay dapat pamunuan ng mga
batas na pang penal, na naayos sa mga probisyon ng
Artikulo 2177 at ng mga pertenenteng probisyon ng
Chapter 2, Preliminary Title sa Human Relations at
ng Title XVIII ng aklat na ito na nagsasaayos ng
mga danyos.”
Rules Governing Civil Obligations Arising from
Criminal offenses.
1. Penal laws like the Revised Penal Code. The
Penal Code contains a Chapter on civil
liability. (Articles 100 to 113)
2. Article 2176 (Quasi – delict)
3. Pertinent provisions of chapter 2
(Preliminary Title) on Human Relations –
particularly Article 26, 29, 30, 32, 33, 35,
and 36, NCC;
4. Title XVII of this code involving damages
(Article 2195 to 2235)
ARTICLE 1162.
“Obligations derived from quasi-delicts shall
be governed by the provisions of chapter 2, Title
XVII of this Book, and by special laws. (1093a)”
“Ang mga obligasyon na nagmula sa quasi-
delicts ay nasasakupan ng probisyon Chapter 2,
Title XVIII ng Aklat na ito, at ng mga espesyal na
batas.”

Discussion:
A quasi delict is an act or omission by a person
which causes damage to another giving rise to an
obligation to pay for the damage done, there being
fault or negligence but there is no preexisting
contractual relation between the parties. Requisites
of Quasi delict.
 “The diligence of a good father of a family”
is the diligence required on this article and if
extraordinary diligence is required, then the
obligator shall exercise extraordinary
diligence.