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    Obligations p17 - 77

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    DERYL GALVE
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    6 THELAW ONOBLIGATIONS AND “Byeryone, therefore, is’ conclusively presumed to know the law.” ‘This presumption is far from reality but it has been established because of the obligatory force of law, The following reasons hive been advanced for this presumption: (flaws will note biading unt they are actualy ‘own, then social life will be impossible, because most Jaws cannot be enforced due to their being unknown © (2) Itisalmostimpossibte to prove the contzary when a person claims ignorance of the aw; (@)_isabsurd to absolve those who do not know the Jaw and increase the obligations of those who know it and @ In our conscience, we carry norms of right and ‘wrong, anda sense of uty, s0thatourreasonindicatesmaay’ times what we have to do and in more complicated juridical, relations, there are lawyers who should be consulted (A, Tolentino, op. cit, pp. 1829, and (@) “Bvasion of the law would be factitated and the administration of justice woul be defeated if persons could successfully plead ignorarce of the law to escape the legal consequences of their acts, o o excuse nor-performance of their legal duties. The-rule, therefore is dictated not only by expediency but also by necessity” (bid, p.7;Zuluela vs Zalusta, 1 Phil. 254) Thus, ignorance of the provisions ofthe aw imposing penalty for illegal possession of firearms, or punishing the possession of prohibited drugs, does not constitute a valid ‘excuse for their violation. TITLE | OBLIGATIONS (Arts. 1156-1304, Civil Code.) Chapter 4 GENERAL PROVISIONS ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. (n) Meaning of obligation. ‘The term obligation is derived from the Latin word obligatio which means tying or binding, Iisa tie or bond recognized by law by virtue of which one is bound in favor of another to ender something —and this may consist in giving a thing, doing a certain ac, or not doing a certain ac. Civil Code definition. Article 1156 gives, the Civil Code definition of ‘obligation, in its passive aspect. It merely stresses the duty ‘under the law of the debtor or obligor (he who has the duty of giving doing, or not doing) when it speaks of obligation as a juridical necessity. CONTRACTS Meaning of juridical necessity. Obligation is a juridical necessity because in case of roncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or in default thereof, the economic value that it represents. In a proper case, the debtor or obligor may also be made liable for damages, which represents the sum of money given as a ‘compensation forthe injury or harm suffered by the creditor or obligee (he who has the right to the performance of the obligation) forthe violation of his rights, In other words, the debtor must comply with his obli- gation whether he likes it or no; otherwise, his failure will be visited with some harmful or undesirable consequences. If obligations were not made enforceable, then people can ‘disregard them with impunity. There are, however, obliga- tions that cannot be enforced because they are not recog- nized by law as binding, S [Nature of obligations under the Civil Code. Obligations which give to the creditor or obliges a right under the law to enforce their performance in courts of justice are known as civil obligations. They are to be dis- tinguished from natural obligations, which, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance although in case of voluntary fullillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof. (Art! 1423.) ‘Natural obligations are discussed under the Title deal- ing with “Natural Obligations.” (Title I, Arts 1423-1430.) Tas civ int refer arte thei Code aan (GENTRALPROVIIONS. » Essential requisites of an obligation. Every obligation has four (4) essential requisites, namely: (1) A passive subject (called debtor ot obligor). — the person who is bound to the fulfillment of the obligation; he who has a duty; (2) An active subject (called creditor or obligee). — the person whois entitled to demand the fuldllment of the obligation; he who has a right; ©) Object or prestaton (subject matter of the obliga tion). — the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the pprestation, there is nothing to perform. In bilateral obliga- tions (see Art. 1191) the parties are reciprocally debtors and creditors; and (A) A juridical or legal te (also called efficient cause. ‘= that which binds or connects the partes to the obligation, Thetie in an obligation caneasily be determined by knowing, the source ofthe obligation, (Art 1157,) EXAMPLE: ‘Under a building contract, X bound himself to build 2 house for Y for P1000, 000. Hire, X isthe passive subject, Y is the active subject, the building of the house isthe object or prstation, and the agreement or contrac, whichis the source ofthe abigation, isthe juridical te, Suppose X had already constructed the house and it was the agreement that Y would pay X after the constuction Is finished, X then becomes the active subject and ¥, the passive subject. Form of obligations. ‘The form of an obligation refers to the manner in which an obligation is manifested or incurred. It may be ora, orn ‘writing, or partly oral and partly in writing. — ox caucsioNs AND re (1) As a general rule, the law does not form in obligations arising from contacts for Wt vale, or binding force. (see Art. 1356,) ‘nelvaliiy @) Obligations acing rom other source do not have any form at all, 8 thee anes Obligation, right, and wrong distinguished. ven a ton sth prorance which ea @) Right, on the other hand, is the power which a eae hander th fo dona othe ay meaning, oan ao isin 0 al itor ae “sgt a) oa Violation of th legal ght of another = Wroneful ‘The csentil element of egal wrong or injury axe (@) a legal right in favor of a person obligee/ plaintiff); penton (editor/ (©) a conelatve legal obligation on th another (debtor/ obligor / defendant); to res sor not to violate said right; and Thais (©) _an act or omission by the Tater ( ater in violation of si ght with smut injury or damage to he ‘An obligation on the part of a person cannot ox without acortesponding right in favor of another and oe ‘ers. A wrong or eause of action ony arises atthe monet a right has been transgressed or violated. EXAMPLE: Invheprsding ample Yast es ees ght to have bis ous cnstace by X wh ha the rsa ad 86 (GENERAL PROWIIONS obligation to build the house of Y under their contract. X ‘has the right to be paid the agreed compensation provided the house is built according to the terms and conditions of the contract, The failure of ether party to comply with such terms and conditions gives the other a cause of action for the enforcement of his ight and/or recovery of indemnity forthe loss or damage eaused to him forthe violation of his, right. Kinds of obligation according to the subject matter. From the viewpoint of the subject matter, obligation ray be either real or personal. (1) Real obligation (obligation to give) i that in which the subject matter isa thing which the obligor must deliver tothe obligee. EXAMPLE: X (eg. alles) binds himself to deliver a piano to Y (uyer) (2) Persona obtigaton (obligation to door not to do)is that in which the subject matter isan act tobe done or not to be done, There are two 2) kinds of personal obligation: (a) Positive personal obtigation or obligation to do corto ender servic. (see Art. 1167) EXAMPLE: X binds himself to repair the piano of Y (©) Negative personal obligation is obligation not to do (which naturally includes obligations “not to give”) (see Art. 1168). » THELAWON OBLIGATIONS AND aa 36 conTRActs (1) Asa general rule, the law does not require any form in obligations arising from contracts for thei validity or binding force. (see Art. 1356.) @)_ Obligations arising from other sources (Art 157.) do not have any form at all Obligation, right, and wrong distinguishes (1) Obligation is the act or performance which the law ‘will enforce, (2), Right, on the other hand, is the power which a person has under the law, to demand from another any prestation. @)_A wrong (cause of action), according to its legal ‘meaning, is an act or omission of one party in violation of the legal tight or rights (i, recognized by law) of another. In av, the term injury is also used ta refer to the wrongful ‘violation ofthe legal right of another. ‘The essential elements of a legal wrong or injury are: (a) a legal right in favor of a person (creditor/ obliges /plainti); (b) a correlative legal obligation on the part of another (debtor/obligor defendant); to respect or not to violate said right; and (©) an act or omission by the later in violation of said right with resulting injury or damage fo the ‘An obligation on the part of a person cannot exist without a corresponding right in favor of another, and vice versa. A wrong, oF cause of action only arses atthe moment aright has been transgressed or violated. EXAMPLE: Inthepreceding example, Y hat the legal right to have his house constructed by X who has the correlative legal a6 (GENERAL PROVISIONS a obligation to bud the house of Y under their contract. X has the right tobe paid the agreed compensation provided the house is built according tothe terms and conditions of the contract. The allure of ether party toccomply with such terms and conditions gives the other a cause of action for the enforcement of his ight and/or recovery of indemaity for the oss or damage caused to him for the volation 6s, right Kinds of obligation according to the subject matter. From the viewpoint of the subject matter, obligation may be either real or personal. (1) Real ebtigation (obligation to give) is that in which the subject matter isa thing which the obligor must deliver to the obligee. EXAMPLE: X (eg, selle) binds himself to deliver a piano to Y ayer) (2) Personal obligation (obligation to door not odo) 8 thatin which the subject matter isan act to be done or not © bye done. There are two @) Kinds of persnal obligation (a), Pasitoe persona bigaton or obligation to do or to render service. (see Art. 1167.) EXAMPLE: X binds himself to repair the piano of ¥ (©) Negative personal obligation is obligation not to do (which naturally includes of sive”). (ee Art. 1168) 2 "THELAW aN OBLIGATIONS AND an eoNTRACTS EXAMPLE: X obliges himself not to build a fence on a certain portion of his lot in favor of ¥ who is entitled toa right of ‘way over said lot ART. 1157. Obligations arise from: (1) Laws 2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (8) Quasi-delicts. (1089) Sources of obligations. The sources of obligations are enumerated below: (Lz. — when they are imposed by law itself EXAMPLES: (Obligation to pay taxes; obligation to support one’s family. (Art. 291.) @) Contracts. ~ when they arisé from the stipulation. of the parties. (Art. 1306.) EXAMPLE: ‘The obligation to repay a loan or indebtedness by virtue ofan agreement. @). Quasi-contracts. — when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that noone shall be unjustly enriched or benefited at the expense of another (Art. 2142.)In a sense, these obligations may be considered as arising from law. Ann? ‘GENERAL PROVISIONS a EXAMPLE: The obligation to retumn maney paid by mistake or which ienot dite. (Art. 2154) (4) Crimes or acts o omissions punished by lw. — when. they arise from civil liability which is the consequence of a criminal offense. (Art. 1161.) EXAMPLE: ‘The obligation ofa thief to return the carstolen by him: the duty af a illest indernity the firs of his victim. (5) Quasi-delicts or toris. — when they arise from damage caused to another through an actor omission, there being fault or negligence, but no contractual relation exists between the partes. (Art. 2176.) EXAMPLES ‘The obligation of the head of a family that lives in a building of @ part thereof to answer for damages caused by things dhrown or falling from the seme (Art. 2193); the obligation of the possessor of an animal to pay fr the damage which it may have caused, (Art, 2183) Sources classified. The law enumerates five (5) sources of obligations. They may be classified as follows: (1). Those emanating from law; and @)_ Those emanating from private acts which may be further subdivided into: (a). Those’arising from licit acts, in the case of contracts and. quasi-contracts (infra); and (b) ‘Those arising from illicit acts, which may be either punishable in the case of delits or crimes, or not punishable in the case of quasi-delicts or torts. (infra) Actually, there are only two (2) sources: Jaw and con- tracts, because obligations arising from quasi-contracts, delicts, and quasi-delicts are really imposed by law. (see ‘Leung Ben vs. O'Brien, 38 Phil. 182.) ART. 1158, Obligations derived from 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 the «provisions of this Book. (1090) Legal obligations. Article 1168 refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the ‘exception, not the rule. To be demandable, they must be clearly set forth in the law, ie, the Civil Code or special Jaws. Thus (0) An employer has no obligation to furnish fee legal assistance to his employees betanse no law requires this, and therefore, an employee may not recover from his employer the amount he may have paid a lawyer hired by him to recover damages caused to sald employee by a stranger or strangers whale in the performance of his dues (Ge la Cruz vs. Northern Theatial Enterpries, 95 Ph 73) 2) _Aprivate school has no legal blgation to provide clothing allowance to fs teachers because there ls no la? ‘which imposes this obligation upon schools. Buta person ‘who wins money in gambling hes the duty to return has Winnings to the losen This obligation is provide by law (art 2814) Under Article 115, special Ins refer to al other laws not contained inthe Civil Code, Examples of such laws are ane (GENERAL FROVISIONS 8 ‘Corporation Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc. ART. 1159. Obligations arising from con- tracts have the force of law between the con- tracting parties and should be complied with in good faith. (1081a) Contractual obligations. ‘The above article speaks of contractual obligations or ‘obligations arising from contracts or voluntary agreements, It presupposes that the contracts entered into are valid and enforceable. A contract is a mecting of minds between two (2) per- sons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305.) (1) Binding force. — Obligations arising from contracts have the force of law between the contracting partis, ie, they have same binding effect of obligations imposed by laws. This does not mean, however, that contract is superior to the lav. As a source of enforceable obligation, contract ‘must be valid and it cannot be valid if itis against the law. (2) Requirement ofa valid contract. — A contractis valid (assuming all the essential elements are present; Art. 1318.) it not contrary to law, morals, good customs, public ‘order, and public policy. I is invalid or void if is contrary tolaw, morals, good customs, public order, or public policy. (Art 1306,) In the eyes of the law, a void contract does not exist. (Act, 1409.) Consequently, no obligations will arise. A. contract may be vali but cannotbe enforced. This is true in the case of unenforceable contracts. (see Arts. 1317, 1403.) (@)_Breackofcontract: —A contract may be breached or violated by a party in whole orin part. A breach of contract 2 TTHELAWON OBLIGATIONS AND anno eONTRACIS takes place when a party fails or refuses to comply, without legal reason or jusification, with his obligation under the contract as promised. Compliance in good faith, Compliance in good faith means compliance or perfor- ‘mance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty must be ob- served to prevent one party from taking unfair advantage over the other. ‘Non-compliance by a party with his legitimate obliga- tions after receiving the benefits of a contract would consti- tute unjust enrichment on his part, EXAMPLES; (@) 1S agrees to sell his house to B and B agrees to buy the house of 8, voluntarily and willingly, then they are bound by the terms oftheir contract and neither party may, upon his own wil, and without any justifiable reason, withdraw from the contractor escape from his obligations thereunder ‘at which is agreed upon in the contact i the law between and B and must be complied with in good faith, 2) A contract whereby § wil kill Bin consideration ‘of P1,000 tobe paid by C is void and non-existent because killing a person is contrary to law. Likewise, an agreement Wwhoreby S will render domestic service gratuitoysly until his loan to B is pald, is void as being contrary to law and ‘morals. (50 Art. 1689;De los Reyes vs Alejado, 16 Phil 99.) In both cases, § has no obligation to comply with his agreements ART. 1160. Obligations derived from quasi- ‘contracts shall be subject to the provisions of ‘Chapter 1, Title XVII of this Book. (n) 160 GENERAL PROVISIONS 2 Quasi-contractual obligations. Asticle 1160 treats of obligations arising from quasi- contracts or contracts implied in law. A quasi-contractis that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no ‘one will be unjustly enriched or benefited at the expense of another. (Art. 2142.) It is not property a contract at all. In contract, there is ‘a meeting of the minds or consent (sce Arts. 1318, 1319.); the parties must have deliberately entered into a formal agreement. In a quasi-contract, there is no consent but the same is supplied by fiction of law. In other words the law considers the parties as having entered into a contract, although they have not actually done so, and irrespective of theirintention, o prevent injustice or the unjust enrichment ‘of a person at the expense of another. Kinds of quasi-contracts. ‘The prinelpal kinds of quasi-contracts are negotiorum gest and solutio indebiti, (1) Negotiorum gestio is the voluntary management of the property or affairs of another without the knowledge or ‘consent of the latter. (Art. 2144.) EXAMPLE: X went to Baguio with his family without leaving somebody to look after his house in Manila. While in Baguio, big fire broke out nenr the house ofX Through the effort of ‘a neighbor the house of X was saved from being bured. Y, however, incurred expenses. Inthiscase, Xhas the obligation to reimburse Y for sald ‘expenses, although he did not actually give his consent to the at of ¥ in saving his house, on the principe of quasi- “ THELAW ON OBLIGATIONS AND aan Actually, there are only two (2) sources: law and con- tracts, because obligations arising from quasi-contracts, delicis, and quasi-delicts are really imposed by law. (see Leung Ben vs. O'Brien, 38 Phil. 182.) ART. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are domandable, and shall be regulated by the procepts of the law which establishes them; land as to what has not been foreseen, by the provisions of this Book. (1090) Legal obligations. Article 1168 refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be leary set forth inthe lw ie, the Ciil Code or pedal laws. Thus: (0)_An employer has no obligation to furnish free legal assistance to his employees because no law requtes this, and therefore, an employee may not cecover fom his employer the amount he may have paid lawyer hired by him to recover damages caused to sid employee by a stranger or strangers while nthe performance ohio due. (De ia Cruz vs: Northern Theattcal Enterprises, 88 Phil 739.) (2) _Apzivateschoot has no egal obligation to provide clothing allowance to ts teachers fecause there i lw ‘which imposes this obligation upon schools. Buta person ‘who wins money in gambling has the duty to return his ‘winnings tothe loser. This obligation is provided by lav. (art 2014), Under Article 1158, special avs refer to al other laws not contained in the Civil Code. Examples of euch laws are an (GENERAL PROVISIONS 5 Corporation Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc. ART. 1159. Obligations arising from con- tracts have the force of law betwen the con- tracting parties and should be complied with in good faith. (1091a) Contractual obligations. The above article speaks of contractual obligations or obligations arising from contracts or voluntary agreements. It presupposes that the contracts entered into are valid and enforceable. ‘A contract is a meeting of minds between tivo (2) per son whereby one binds himself, with respect to the other, to give something or to render some sevice (Art. 1305.) (0) Binding fre. ~ Obligations rising from contracts have the force of law between the contracting partis, i, they have same binding effect of obligations imposed by laws. This does not mean, however, that contracts superior to the lave As a source of enforceable obligation, contract -must be valid and it cannot be vali if itis against the law. (2) Resuirementofe valid contract. — Acontractis valid (ssuming ithe eer comers epson a 18) ifit is not contrary to law, morals, good customs, public onder, and public policy. Its invalid or void if itis contrary tolaw, morals, good customs, public order, or public policy (Ast. 1306) In the eyes of the law, a void contract does not exist (Ast. 1409.) Consequently, no obligations will aise. A contract may be valid but cannot be enforced, Thisis true in the case of unenforceable contracts, (ee Arts. 1317, 1403.) (2) Breach ofcontract.—A contract may be breached or violated by a party in whole or in pat. A breach of contract, Fa ‘THELAWON OBLIGATONS AND ct. nso CONTRACTS takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation tunder the contract as promised. Compliance in good faith. Compliance in god faith means compliance or perfor- mance in accordance with the stipulations or terms of the contract or agreement, Sincerity and honesty must be ob- served to prevent one party from taking unfair advantage over the other. Non-compliance by a party with his legitimate obliga tions after receiving the benefits of a contract would consti- ‘te unjust enrichment on his part EXAMPLES: {Q) IFS agrees to sell his house to B and B agrees to buy the house of 5, voluntarily and willingly, then they are bound by the terms oftheir contract and nether party ‘ay upon hie own wil, and without any justifiable reason, withdraw from the contractor escape from his obligations thereunder ‘That which is agreed upon in the contract is the law between § and B and must be complied wih in good faith. (2) Acontract whereby wil kl B in consideration ‘of P1000 ta be paid by C, is void and non-existent because Telling a person ie contrary to law. Likewise, an agreement whereby 5 will render domestic service gratuitously until his loan to B is pai, 3c void as being contrary to lave and morals (se Art, 1689;Delos Reyes ve Alejado, 16 Phil. 499.) In both cases, $ has no obligation to comply with his agreements. ART. 1160. Obligations derived from quasi- ‘contracts shall be subject to the provisions of Chapter 4, Title XVII of this Book. (n) Quasi-contractual obligations. Article 1160 treats of obligations arising from quasi- contracts or contracts implied in law. A quasi-contact is that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no ‘one will be unjustly enriched or benefited at the expense of another. (Art. 2142.) Its not properly a contract at al. In contract, there is ‘a meeting of the minds or consent (see Arts. 1318, 1319.) the parties must have deliberately entered into a formal agreement. In a quasi-contract, there is no consent but the same is supplied by fiction of law. In other words, the law considers the parties as having entered into a contract, although they have not actually done so, and irrespective of| their intention, to prevent injustice or the unjust enrichment cof person at the expense of another. Kinds of quasi-contracts. ‘The principal kinds of quasi-contracts are negotirum esto and solutia indebit (1) Negotirum gesto isthe voluntary management of the property or affairs of another without the knowledge or ‘consent ofthe latter. (Art. 2144.) EXAMPLE: X went to Baguio with his family without leaving somebody to look after hishousein Manila, While in Baguio, ‘big fire broke out ner the house of x. Through the effort of Ycaneighbor, the house of X was saved from being burned. Yhowever, incurred expenses. Inthis case X has the obligation to reimburse for said ‘expences, although he did not actually give his consent 10 the act of Y in saving his house, onthe principle of quasi contrat. 2” "THELAWON OBLIGATIONS AND anna CONTRACTS (2) Solutio indebiti is the juridical relation which is ‘created when something is ceived when there is no right todemand it and it was unduly delivered through mistake, (Art. 2154.) The requisites are: fg ate 20st to oie the thing dt (b) The thing was delivered through mistake: EXAMPLE: D owes C PIO00, If D paid T believing that T yeas authorized to receive payment forC the obligation to return ‘on the part ofT arses. IFD paid C P2,00 by mistake, Cmust return the excess of P00, (9) Other examples of quasi-contracts, — They are provided in Article 2164 to Article 2175 of the Civil Code, ‘The cases that have been classified as quasi-contracts are of, infinite variety, and when for some reason recovery cannot be had on a true contract, recovery may be allowed on the basis of a quasi-contract EXAMPLE: S; seller of goa’s milk leaves milk at the house of B each morning B uses the milk and places the empty bottles fon the porch. After one (I) week, 8 aske payment for the rill delivered, Here, an implied contract Is understood to have been entered into by the very acts of $ and B, creating an ‘obligation on the part of B te pay the reasonable value of the milk, otherwise, B would be uajustly benefited at the expense ofS. ART. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, andofthe pertinent provisions of Chapter 2, Proliminary Title, on Human Relations, and ‘of Title XVII of this Book, regulating damages. (10928) Civil lability arising from crimes or delicts. ‘This article deals with civil liability for damages arising from crimes or delics. (Art. 157(4}.) (1) Oftentimes, the commission of a crime causes not only moral evil but also material damage. From this principle, the rule has been established that every person ‘criminally liable for an act or omission is also civilly liable for damages. (Art. 100, Revised Penal Code.) (2) In crimes, however, which cause’ no material damage (like contempt, insults to persons in authority, gambling, violations of traffic regulations, ete), there is no ‘Gvil liability to be enforced. But a person not criminally + responsible may stil be liable civilly (Art. 29; Sec. 2c Rule 111, Rules of Court), suchas fallure to pay a contractual debt; causing damage to another's property without malicious or criminal intent or negligence, etc ‘Scope of civil liability. ‘The extent of the civil lability for damages arising ‘rom erimes is governed by the Revised Penal Code and the Civil Code, This civil liability includes: (1). Restitution; @)_ Reparation for the damage caused; and @)_ Indemnification for consequential damages. (Art 104, Revised Penal Code.) EXAMPLE: X stolé the car of ¥. If X is convicted, the court will ‘order X: () to return the car oF to pay is value if it was last or destroyed; (2) to pay for any damage caused tothe CONTRACTS ‘ar; and (8) to pay such other damages suffered by Y as consequence ofthe crime, ART. 1162. Obligations derived from quasi- delicts shall be governed by the provisions ‘of Chapter 2, Title XVII of this Book, and by ‘special laws. (1093) Obligations arising from ‘quasi-delicts. ‘The above provision treats of obligations arising from ‘quasi-delicts or torts, (see Arts. 2176 to 2194) A quasi-delict is an act oF omission by a person (tort- feasor) which causes damage to another in his person, pro- petty, or rights giving rise to an obligation to pay for the ‘damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties. (Art, 2176.) Requisites of quasi-delict. Before a person can be held liable for quasi-deliet, the following requisites must be present: (1) There must be an act or omission; 2) There must be fault or negligence; @) There must be damage caused; (4) ‘There must be a direct relation or connection of cause and effect between the act or omission and the damage; and (5) There is no preexisting contractual relation between the parties EXAMPLE: While playing softball with his friends, x broke the window gas of Y, his neighbor The accident would not have happened hed they played a litle father from the house of. In this cate, X is under obligation to pay the damage caused to Y by his act although there is no pre-existing ‘contractual relation between them because he is gulty of fault or negligence Crime distinguished from quasi-delict. ‘The following ae the distinctions: (In exime, there is criminal or malicious intent or criminal negligence, while in quasi-delict, there is only negligence; (2) In crime, the purpose is punishment, while in quasi- deli, indemnification ofthe offended party; ©) Crime affects public interest, while quasidelict concerns private intrest (4) Incrime, there ae generally two liabilities: crim- nal and civil, while in quasi-delict, there i only civil liabi- Ly; (©) Criminal liability ean not be compromised or settled by the partes themselves, while the liability for

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