Obligatio which  The

n one is term
 The bound in obligatio
term favor of n is
obligatio another derived
n is to from the
derived render Latin
from the somethin word
Latin g- and obligatio
word this may which
obligatio consist in means
which giving tying or
means a thing, binding.
tying or doing a  It is a
binding. certain tie or
 It is a act, or bond
tie or not doing recognize
bond a d by law
recognize certain by virtue
d by law act of
by virtue Obligatio which
of n one is
bound in obligatio another
favor of n is to
another derived render
to from the somethin
render Latin g- and
somethin word this may
g- and obligatio consist in
this may which giving
consist in means a thing,
giving tying or doing a
a thing, binding. certain
doing a  It is a act, or
certain tie or not doing
act, or bond a
not doing recognize certain
a d by law act
certain
Obligation

by virtue The term obligation is

derived from the Latin word

act of
obligatio which means tying
or binding. It is a tie or bond
recognized by law by virtue

Obligatio which of which one is bound in

favor of another to render

n one is
something- and this may
consist in giving a thing,
doing a certain act, or not

 The bound in doing a certain act

Article 1156.

term favor of An obligation is a juridical

necessity to give, to do or not
to do. An obligation is a legal
duty, however created, the
 consist in
violation of which may 2. To do
become the basis of an - all kinds of work or services,
action of law whether mental or physical.

Definition of Obligation
“An obligation is a juridical
3. Not to do
- consist in abstaining from
some act, includes “not to
the
relation whereby a person
(called the creditor) may
demand from another (called
give.” both being negative
obligations delivery
of a
Kinds of Obligations
the debtor) the observance
“sanction’
of a determinative conduct
1. Civil obligation (or perfect

movable
(the giving, doing, or not
obligation)
doing), and in case of breach,
2. Natural obligation
may demand satisfaction
- the duty not to recover
from the assets of the latter
1. A passive subject (called
debtor or obligor)
what has voluntarily been
paid although payment was
or
– the person who is bound to
the fulfillment of the
no longer required.
3. Moral obligation (or
imperfect obligation)
immovab
le thing
obligation; he who has a
- the duty of a Catholic to
duty;
hear mass on Sundays and
2. An active subject (called

in order
holy days of obligation. The
creditor or obligee)
sanction here is conscience
–The person who is entitled
or morality, or the law of the

to create
to demand the fulfillment of
church
the obligation; he who has
subject matter
the right;
1. Real obligation (the
Object or prestation (subject
matter of the obligation) –
obligation to give)
is that in which the subject
a real
right
the conduct required to be matter is a thing which the
observed by the debtor. It obligor must deliver to the
may consist in giving, doing, obligee.
or not doing. Without the
prestation, there is nothing
2. Personal obligation (the
obligation to do or not to or for the
use of the
to perform. In bilateral do)
obligations, the parties are is that up which the subject
reciprocally debtors and matter is an act to be done
creditors; and or not to be done.
recipient
4. A juridical or legal tie (also viewpoint of the persons
or for its
called efficient cause)
– That which binds or
obliged
simple
connects the parties to the
obligation. The tie in an Kinds of possessio
obligation can easily be
determined by knowing the
sources of the obligation
prestation n or in
Kinds of prestation:
1. To give
: order to
1. To return to
- consist in the delivery of a
movable or immovable thing
in order to create a real right
or for the use of the recipient
or for its simple possession give- its owner
or in order to return to its
owner
2. To do-
is bound. in this Code or in special laws
2. Bilateral are demandable, and shall be
where both parties are regulated by the precepts of

all kinds bound

a) Reciprocal
non reciprocal (where
the law which establishes
them; and as to what has not
been foreseen, by the

of work performance of one is non

dependent upon the
provisions of this Book
ART. 1159

or
performance by the other. of the New Civil Code
Article. 1157. Obligations provides, Obligations arising
arise from/ sources of from contracts have the

services, obligation
1. Law; 2. Contracts; 3.
Quasi-contracts; 4. Acts or
whether omissions punishable by
law; and 5. Quasi-delicts.
force of law between the
contracting parties and
should be compiled with in
good faith.
ART. 1160.
.

mental or 1. Law
- when they are imposed by
Obligations derived from
quasi-contracts shall be
subject to the provisions of

physical.
law itself.
Chapter
2. Contracts
is that juridical relation
- when they arise from the

3. Not to
resulting from lawful,
stipulation of the parties.
voluntary, and unilateral acts
3. Quasi- contracts
by virtue of which the parties

do-
- when they arise from
become bound to each other
lawful, voluntary and
to the end that no one will
unilateral acts which are
be unjustly enriched or

consist in enforceable to the end that

no one shall be unjustly
enriched or benefited at the
benefited at the expense of
another. Title XVII of this

abstainin
Book.
expense of another.
Kinds of quasi-contracts
4. Crimes or acts or
1. Negotiorum gestio

g from
omissions punished by law
is the voluntary management
x- when they arise from civil
of the property or affairs of
liability which is the

some act,
another without the
consequence of a criminal
knowledge or consent of the
offense.
latter.
5. Quasi-delicts or torts
includes - when they arise from
damage caused to another
KINDS OF NEGLIGENCE
1. Culpa aquiliana or quasi-

“not to through an act or omission,

there being fault or
negligence, but no
delict
Culpa contractual
Solutio indebiti
2.
2.

give.” contractual relation exists

between parties.
is the juridical relation which
is created when something is

both
contract received when there is no
is a meeting of minds right to demand it and it was
between two persons unduly delivered through

being whereby one binds himself,

with respect to the other, to
give something or to render
mistake
Scope of civil liability
1. Restitution

negative some service 2. Reparation for damaged

caused

obligatio
3. Indemnification for
consequential damages .

ns
ART. 1158. ART. 1161
Obligations derived from law Civil obligations arising from
are not presumed. Only criminal offenses shall be
1. Unilateral
those expressly determined governed by the penal laws,
where only one of the parties
subject to the provisions of
article 2177, and of the
pertinent provisions of
Chapter 2, Preliminary Title,
on Human Relations, and of
the Title XVII of this Book,
regulating damages
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
quasi-delict
Is an act of or omission by a
person (tort or culpa
aquiliana) 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 pre-existing
contractual relation between
the parties
Nature and Effects of
Obligations
ART. 1163.
Every person obliged to give
something is also obliged to
take care of it with the
proper diligence of a good
father of a family, unless the
law or the stipulation of the
parties requires another
standard of care.
determinate
when it is specific and is of
particular designation.
Indeterminate
thing which is confined to its
nature and to its genus.
1164
The creditor has a right to
the fruits of the thing from
the time the obligation to
deliver it arises. However, he
shall acquire no real right
over it until the same has
been delivered to him.
Natural fruits
are the spontaneous
products of the soil, and the
young and other products of
animals
Industrial fruits
are those produced by
lands of any kind through
cultivation or labor,
Civil fruits
rents of buildings, price of
leases of lands and other
property
REAL RIGHT
–is a power over a specific
thing and is binding on the
whole
PERSONAL RIGHT
– is a power demandable one
person of another to give, to
do, or not to do.
Kinds of delivery
delivery
may either be actual or
constructive
1. Actual delivery
the property changes hands
physically.
2. Constructive delivery
the physical transfer of the
property is implied.
A. TRADITIO SIMBOLICA
(symbolical tradition)
b. TRADITIO LONGA MANU
delivery by mere consent or
by pointing out the object.
C. TRADITIO BREVI MANU
delivery by the short hand, a
possessor of, the things not
as an owner, becomes the
possessor as owner
d. TRADITIO CONSTITUTUM
POSSESSORUIM
this is the opposite of brevi
manu. A possessor of the
thing as an owner, retains
possession no longer as an
owner, but in some other
capacity.
E. tradito by execution of
legal forms.
Specific or Determinate
Particularly designated or
physically segregated others
of the same class.
Generic or indeterminate
refers only to a class or genus
to which it pertains and
cannot be pointed out with
particularity
ART. 1165.
When what is to be
delivered is a determinate
thing, the creditor, in
addition to the right granted
him by Article 1170, may
compel the debtor to make
the delivery. If the thing
is indeterminate or generic,
he may ask that the
obligation be complied with
at the expense of the debtor.
If the obligor delays, or
has promised to deliver
the same thing to two or
more persons who do not
have the same interest, he
shall be responsible for any
fortuitous event until he has
effected the delivery.
ART. 1166.
The obligation to give a
determinate thing includes
that of delivering all its
accessions and accessories,
even though they may not
have been mentioned.
Accessories
are those things which are
used for the embellishment,
use, or preservation of
another thing of more
importance.
Accessions
are produced by the thing
which is the object of the
obligation as well as all those
which are naturally or artic
ally attached there to
ART. 1167.
If a person obliged to do
something fails to do it, the
same shall be executed at his
cost. This same rule shall
be observed if he does it
in contravention of the
tenor of the obligation.
Furthermore, it may be
decreed that what has been
poorly done be undone.
ART. 1168.
When the obligation consists
in not doing, and the obligor
does what has been
forbidden him, it shall also be
undone at his expense.
ART. 1169.
Those obliged to deliver or to
do something in-cur in delay
from the time the obligee
judicially or extra-judicially
demands from them the
fulfillment of their obligation.
However, the demand by the
creditor shall not be
necessary in order that delay
may exist:
(1) When the obligation or
the law expressly so declares;
or
(2) When from the nature
and the circumstances of
the obligation it appears
that the designation of the
time when the thing is to be
delivered or the service is to
be rendered was a
controlling motive for the
establishment of the
contract; or
(3) When demand would
be useless, as when the
obligor has rendered it
beyond his power to
perform.
In reciprocal obligations,
neither party incurs in delay
if the other does not
comply or is not ready to
comply in a proper manner
with what is incumbent
upon him.
Ordinary delay
is merely the failure to
perform an obligation on
time. This does not
constitute breach
Legal delay or default or
mora
is the failure to perform an
obligation on time which
failure, constitutes a breach
of the obligation
Kinds of delay (mora)
MORA SOLVENDI
this is the delay of the
obligor or debtor to perform
his
obligation .M
ORA ACCIPIENDI this delay of
the obligee or creditor to
accept the delivery of the
thing which is the object of
the obligation
COMPENSATIO MORAE
this is the delay of the parties
or obligors in reciprocal
obligation
ART. 1170.
Those who in the
performance of their
obligations are guilty of
fraud, negligence, or delay,
and those who in any
manner contravene the
tenor thereof, are liable for
damages.
Grounds for damages
1.Fraud (deceit or dolo)
2.Negligence (fault or culpa).
3. Delay (mora). 4.
Contravention of the
terms of the agreement
KINDS OF DAMAGES
Actual or compensatory
Damages
To adequately compensate
for pecuniary loss suffered,
including profit.
Moral Damages
included physical suffering,
mental anguish fright,
serious, anxiety,
besmirched reputation,
wounded feelings, moral
shock, social humiliation
and similar injury
Exemplary or corrective
Damages
to set an example or to
correct for the public
good.
Liquidated Damages
agreed upon by the parties
to a contract in case of
breach
Nominal Damages
they are only token
damages awarded to
parties who have
experienced an injury to
their legal rights but no
actual loss
Temperate or moderate
Damages , diligence which is to be
the amount of pecuniary
loss suffered cannot be
proved with certainty
ART. 1171. Responsibility
arising from fraud is
demandable in all
obligations. Any waiver of
an action for future fraud
is void.
GENERAL CLASSIFICATION
OF FRAUD
1. CIVIL FRAUD
2. CRIMINAL FRAUD
CAUSAL FRAUD
misrepresentations of a
serious character
employed by one party
without which the other
party would not have
entered into the contract.
INCIDENTAL FRAUD
refers to those which are
not serious in character
and without which the
other would still have
entered into the
contract .Article1172.
Responsibility arising
from negligence in the
performance of every
kind of obligation is also
demandable, but such
liability may be
regulated by the courts,
according to the
circumstances.
Article 1173.
The fault or negligence
of the obligor consists in
the omission of that
diligence which is
required by the nature
of the obligation and
corresponds with the
circumstances of the
persons, of the time and
of the place. When
negligence shows bad
faith, the provisions of
articles 1171 and 2201,
paragraph 2, shall
apply. 
If the law or contract
does not state the
observed in the
performance, that which
is expected of a good
father of a family shall
be required.
KINDS OF NEGLIENCE
1. CIVIL NEGLIGENCE
GOVERNED BY THE NEW
CIVIL CODE
2.CRIMINAL principal by the creditor OTHER CLSSES OF
NEGLIGENCE without reservation with THE OBLIGATION
GOVERNED BY THE respect to the interest, IMPLIED IN THE
REVISED PENAL CODE shall give rise to the CIVIL CODE
presumption that said 1. Unilateral and
KINDS OF CIVIL interest has been paid. bilateral
NEGLIGENCE The receipt of a later 2. Determinate and
1. CULPA CONTRAVTUAL installment of a debt generic
it is the fault or without reservation as to 3. Legal conventional
negligence of the prior installments, shall and penal
obligation virtue of likewise raise the PURE OBLIGATION
which he is unable to presumption that such when the obligation
perform is obligation installments have been does not contain any
arising from a pre- paid. (1110a)  term or condition upon
existing contract. Article1177.  which the fulfillment of
2. Culpa aquiliana( quasi The creditors, after such obligation by the
delicts) having pursued the debtor should depend.
it is the fault or property in possession DEMAND NOTE
negligence of a person of the debtor to satisfy is neither subject a
who beacausee of the their claims, may suspensive condition nor
omission of the diligence exercise all the rights to a suspensive period.
ehich is required by the and bring all the actions CONDITIONAL
nature of the obligation of the latter for the OBLIGATION
and must correspond. same purpose, save is one which is subject
Article1174.  those which are inherent to a condition. Future or
Except in cases in his person; they may uncertain events
expressly specified by also impugn the acts (1) As to effect. (a)
the law, or when it is which the debtor may Suspensive.
otherwise declared by have done to defraud — Of the suspensive
stipulation, or when the them. (1111)  condition gives rise to an
nature of the obligation Article 1178.  obligation
requires the assumption Subject to the laws, all (b) Resolutory.
of risk, no person shall rights acquired in virtue — if the resolutory condition
be responsible for those extinguishes right already
of an obligation are
events which could not existing.
transmissible, if there
be foreseen, or which, (2) As to cause or
has been no stipulation
origin.
though foreseen, were to the contrary
(a) Potestative. —
inevitable. (1105a)  Article1179. 
the condition depends
CLASSIFICATION OF Every obligation whose upon the will of one of
THE FORTUITUOS performance does not the contracting parties;
EVENTS. depend upon a future or (b) Casual.
1. act of good uncertain event, or upon — the condition depends
2.force majeure a past event unknown to upon chance or upon the
ACT OF GOD OR the parties, is will of a third person; and
FORTUITUOS EVENT demandable at once.  (c) Mixed
PROPER Every obligation which . — the condition depends
those which are contains a resolutory partly upon chance and
absolutely independent condition shall also be partly upon the will of a
of human intervention. demandable, without third person.
FORCE MAJURE OR prejudice to the effects (3) As to divisibility.
FUERZA MAYOR of the happening of the (a) Divisible.
those that arise from event. (1113) (b) Indivisible.
legitimate or illegitimate - whether by the nature
acts of persons other PRPMARY of the condition by the
than the obligor CLASSIFICATION OF agreement of the parties
THE OBLIGATION IN or under the law, it can
THE CIVIL CODE be performed in parts.
Article1175.  1.pure 2.conditional
Usurious transactions 3.with a term or period
shall be governed by 4.alternative
(4)As to number.
special laws. (n)  5.joint 6.5solidary
(A) Conjunctive.
Article1176.  7.divisible 8.individible
(b) Disjunctive.
The receipt of the 9.with a penal clause
Where there are several depends upon them. If deemed to have been
conditions, all of them or the obligation is mutually compensated.
one must be performed divisible, that part If the obligation is
(5) As to mode. thereof which is not unilateral, the debtor
(a) Positive affected by the shall appropriate the
(b) Negative. impossible or unlawful fruits and interests
Whether conditions condition shall be valid.  received, unless from
consist an act or The condition not to do the nature and
omission. an impossible thing shall circumstances of the
(6)As to form. be considered as not obligation it should be
(a) Express. having been agreed inferred that the
(b) Implied. upon. (1116a)  intention of the person
Whether condition is Article1184.  constituting the same
stated or merely inferred The condition that some was different. 
(7)As to possibility. event happen at a
(a) Possible determinate time shall In obligations to do and
(b) Impossible. Whether extinguish the obligation not to do, the courts
the condition can be as soon as the time shall determine, in each
fulfilled or not. expires or if it has case, the retroactive
Impossibility is either become indubitable that effect of the condition
physical or legal. the event will not take that has been complied
Article1180.  place. (1117)  with. (1120) 
When the debtor binds Article1185 Article1188.
himself to pay when his The condition that some The creditor may, before
means permit him to do event will not happen at the fulfillment of the
so, the obligation shall a determinate time shall condition, bring the
be deemed to be one render the obligation appropriate actions for
with a period, subject to effective from the the preservation of his
the provisions of article moment the time right. 
1197. (n)  indicated has elapsed, or The debtor may recover
Article1181. if it has become evident what during the same
In conditional that the event cannot time he has paid by
obligations, the occur.  mistake in case of a
acquisition of rights, as If no time has been suspensive condition.
well as the fixed, the condition shall (1121a) 
extinguishment or loss be deemed fulfilled at Article1189. 
of those already such time as may have When the conditions
acquired, shall depend probably been have been imposed with
upon the happening of contemplated, bearing in the intention of
the event which mind the nature of the suspending the efficacy
constitutes the obligation. (1118)  of an obligation to give,
condition. (1114)  Article1186.  the following rules shall
Article1182. The condition shall be be observed in case of
When the fulfillment of deemed fulfilled when the improvement, loss
the condition depends the obligor voluntarily or deterioration of the
upon the sole will of the prevents its fulfillment. thing during the
debtor, the conditional (1119)  pendency of the
obligation shall be void. Article1187.  condition: 
If it depends upon The effects of a (1) If the thing is lost
chance or upon the will conditional obligation to without the fault of the
of a third person, the give, once the condition debtor, the obligation
obligation shall take has been fulfilled, shall shall be extinguished; 
effect in conformity with retroact to the day of
the provisions of this the constitution of the (2) If the thing is lost
Code. (1115)  obligation. Nevertheless, through the fault of the
Articlev1183. when the obligation debtor, he shall be
Impossible conditions, imposes reciprocal obliged to pay damages;
those contrary to good prestations upon the it is understood that the
customs or public policy parties, the fruits and thing is lost when it
and those prohibited by interests during the perishes, or goes out of
law shall annul the pendency of the commerce, or
obligation which condition shall be disappears in such a
 required obligatio
way that its existence is
unknown or it cannot be
recovered; 

(3) When the thing

deteriorates without the
to be ns, the
fault of the debtor, the
impairment is to be
borne by the creditor; 
observed parties
(4)If it deteriorates by the are
debtor. It reciprocal
through the fault of the
debtor, the creditor may
choose between the

may ly debtors
rescission of the
obligation and its
fulfillment, with
indemnity for damages
in either case;  consist in and
(5)If the thing is
improved by its nature, giving, creditors;
doing, or and
or by time, the
improvement shall inure
to the benefit of the

not 4. A
creditor; 

(6)If it is improved at
the expense of the
debtor, he shall have no
other right than that
doing. juridical
granted to the
usufructuary Without or legal
the tie (also
Object or prestation called
prestation , efficient
(subject there is cause) –
matter of nothing that
the to which
obligatio perform. binds or
n) – the In connects
conduct bilateral the
parties to of however
the Obligatio created,
obligatio n the
n. The tie Under the violation
in an New of which
obligatio Civil may
n Code, become
can easily  Artic the basis
be le 1156. of an
determine An action of
d by obligatio law
knowing n is a Meaning
the juridical of
sources necessity Juridical
of the to give, Necessity
obligatio to do or Obligatio
n not to do. n is a
An juridical
obligatio necessity
Civil n is a because
Code legal in case of
definition duty,
noncompl proper has the
iance, the case, the right to
courts debtor the
may be may also performa
called be made nce of the
upon by liable for obligatio
the damages, n) for the
aggrieved which violation
party to represent of his
enforce s the sum rights.
its of money In other
fulfillmen given as a words,
t or, in compensa the
default tion for debtor
thereof, the injury must
the or harm comply
economic suffered with his
value that by the obligatio
it creditor n whether
represent or he likes it
s. In a obligee or not;
(he who
otherwise them whereby
, his with a person
failure impunity. (called
will be If an the
visited obligatio creditor)
with n cannot may
some be demand
harmful enforced, from
or it may be another
undesirab only a (called
le natural the
conseque obligatio debtor)
nces. If n. the
obligatio Definitio observan
ns were n of ce of a
not made Obligatio determina
enforceab n tive
le, then “An conduct
people obligatio (the
can n is a giving,
disregard juridical doing, or
relation not
doing), which no has a
and in obligatio duty;
case of n can 2. An
breach, exist, to active
may wit: subject
demand 1. A (called
satisfacti passive creditor
on from subject or
the assets (called obligee)
of the debtor or –
latter.” obligor) – the
Essential the person
Requisite person who is
s of an who is entitled
Obligatio bound to to
n the demand
Every fulfillmen the
obligatio t of fulfillmen
n has four the t of the
definite obligatio obligatio
elements, n; he who n; he who
without has the
r