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ARTICLE 1157
March 10, 2017

REPORTE BY: AGUSTO S TASING JR

OBLIGATION ARISE FROM;

1. LAW;
2. CONTRACTS;
3. QUASI-CONTRACTS;
4. ACTS OR OMISSIONS PUNISHED BY LAW;
5. QUASI DELICTS;

DISCUSSION

LAW- There is obligation when it was imposed by the law.

Example;

The obligation of both husband and wife to support their family.

CONTRACTS– When the both parties arise from stipulation.

Example;
A borrowed money from B, B has the obligation to repay by virtue of agreement.

QUASI-CONTRACT-This are judicial relation arising from certain lawful,voluntary and

unilateral acts by virtue of which the parties become bound to each other based on the
principle that no one shall be unjustly enriched or benefited at the expenses of
another.
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The obligation to return money paid by mistake or which is not due.

1. Solutio Indebiti, exist when;

a) Something is recieved;

b) When there is no right to demand it;

c) It was unduly delivered through mistake.

Example;

 Mr. A the assistant of Mr.B,in the absence of Mr.B,   Mr.A received the amount of 5000
 for the payment of B’s labor.  Mr.A has the obligation to give the amount to Mr.B.

2. Negotiorum Gestio, Which exist when one:

 a) Voluntary takes charge of the agency or management of the business or property of
another.

  b) Without any power from the latter.

 Example;

 Mr. Juan the caretaker of house for rent recieved

the amount of more than the boarders due. Mr. Juan without the power of the owner
of the house increase the payment which is not due to the boarders. Mr.Juan has the
obligation to return the money paid which is not due to the boarders.

ACTS OR OMISSIONS PUNISHED BY LAW– Civil liability is arised and it is the

consequences of the criminal offense committed.

  Example;
Mr. X inflicted   serious physical injury to Mr.Y,   Mr.X will be responsible for   the
payment of all the medical expenses and damages of Mr.Y. Hence, Mr.X has   the
obligation for the payments of medical expenses and damages of Mr.Y.

QUASI DELICTS or TORTS– When they arise from damages caused to another,there
being fault or negligence,giving rise to the obligation to pay for the damage done.
There must be no pre-existing contractual relation between the parties.

 Example;

Mr. A bitten by my German dog, I as a possessor of that Dog has the obligation to the
injury of Mr. A caused by my Dog.

NOTE;

Obligation arising from quasi-contract,delict and quasi delicts are really imposed
by law. In other words we have only two sources of   obligation which is the LAW
and CONTRACTS.

LEUNG BEN VS O’BRIEN

FACTS

An action was instituted in the court of first Instance of t

he city of manila by P.J O’Brien to recover the sum of P15,000 an alleged lost by Leung
Ben to P.J O’Brien in a series of gambling, banking and percentage games conducted
prior to the institution of suit. Leung Ben’s stated in his complaint that O’Brien asked
for an attachment against the property of Leung Ben on the ground that the latter was
about to leave the Philippines with his intent to defraud his creditors. The attachment
was issued through the acting authority , the sheriff attached the amount of P15,000
and deposited by the O’Brien with the international Banking Corporation.

The motion to squash the attachment filed by Leung Ben was dismissed by the court.

ISSUE
Whether or not the statutory obligation to restore money won at gaming an obligation
arising from contract,express or implied?

HELD

Where Act 1757 of the Philippine Commission recognizing the right to recover money
lost in gambling,arises the cause of action for recovery of money lost. In this case,the
remedy was restored from historical antecedent and Juris prudential sources of the
common law as basis of Code of Civil Procedure on determining sources of obligation.
The court came up with the recognition of this remedy at one logical proper. That the
duty of the defendant to refund the money which he won from the plaintiff at gaming
is a duty imposed by statute. It therefore arises exlege (by virtue of law).

By all the criteria which the common law supplies,this a duty in the nature of debt
and is properly classified as an implied contract.The cause of action stated in the
complaints in the lower court is based on a contract ,expressor implied and is
therefore of such nature that the court had authority to issue writ of attachment. The
application for the writ of certiorari must therefore be denied and the proceedings
dismissed.

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