INTRODUCTION

TO OBLICON
ARTICLES 1156 TO 1162
OF THE NEW CIVIL CODE
 SUBSTANTIVE LAWS PROCEDURAL LAWS
• CRIMINAL • REMEDIAL LAW
• CIVIL – Criminal procedure
• POLITICAL – Civil procedure
• COMMERCIAL – Evidence
• TAXATION – others
• LABOR
• SPECIAL LAWS
 CIVIL LAW
• BOOK I - PERSONS AND FAMILY RELATIONS

• BOOK II - PROPERTY, OWNERSHIP AND ITS

MODIFICATIONS

• BOOK III - SUCCESSION

• BOOK IV - OBLIGATIONS AND CONTRACTS

 WHAT IS OBLIGATION?
• Art. 1156

• An obligation is a juridical necessity to give, to do or not to

do

• to GIVE - real
• to DO or NOT TO DO - personal
 HOW DO WE KNOW THAT AN
OBLIGATION EXISTS?
The obligation is constituted upon the concurrence of
the essential elements thereof, viz: (a) The vinculum
juris or juridical tie which is the efficient cause
established by the various sources of obligations (law,
contracts, quasi-contracts, delicts and quasi-delicts); (b)
the object which is the prestation or conduct; required
to be observed (to give, to do or not to do); and (c) the
subject-persons who, viewed from the demandability of
the obligation, are the active (obligee) and the passive
(obligor) subjects.
 SOURCES OF OBLIGATIONS
• Art. 1157. Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
 SOURCE - LAW
• 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
EXAMPLES OF OBLIGATIONS ARISING
FROM LAW

• Payment of tax under the NIRC

• Obligations of parents to support their children as
provided in Persons and Family relations book
• Obligations of those working in the government as
prescribed in the Civil Service Rules
 SOURCE - CONTRACTS
• Art. 1159.

• Obligations arising from contracts have the force of law

between the contracting parties and should be complied
with in good faith.
 definition of contracts

• Art. 1305.

• A contract is a meeting of minds between two persons

whereby one binds himself, with respect to the other, to
give something or to render some service.
 SOURCE - QUASI - CONTRACTS
• Art. 1160.

• Obligations derived from quasi-contracts shall be subject

to the provisions of Chapter 1, Title XVII, of this Book.
 Title XVII - Extra-Contractual Obligations
• QUASI-CONTRACTS

• Art. 2142. Certain lawful, voluntary and unilateral acts

give rise to the juridical relation of quasi-contract to the
end that no one shall be unjustly enriched or
benefited at the expense of another.
 Negotiorum Gestio
• Negotiorum gestio is the voluntary administration of the
property, business or affairs of another, without his
consent or authority, that creates an obligation for
reimbursement for the necessary expenses the gestor
had spent (Art. 2144 NCC)
 Solutio Indebiti
• Art. 2154.

• If something is received when there is no right to demand

it, and it was unduly delivered through mistake, the
obligation to return it arises.
 SOURCE - PENAL / CRIMINAL
• Art. 1161.

• Civil obligations arising from criminal offenses shall be

governed by the penal laws, subject to the provisions of
Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII
of this Book, regulating damages.
 EXAMPLES OF OBLIGATIONS ARISING
FROM CRIMINAL OFFENSE

• Payment of damages
• Payment of fine
• Imprisonment
 SOURCE - QUASI DELICTS
• 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
 What is quasi - delict?
• Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay
for the damage done. Such fault or negligence, if there is
no pre-existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of
this Chapter. (1902a)
END OF SLIDE