1156 - an obligation is a juridical necessity to do, to give, or not to do

1157 obligations arise from

law 1158
contracts 1159
quasi contracts 1160
acts or omissions 1161
quasi-delicts 1162

four requisites of civil obligations Welles

juridical tie vinculum juris, one which binds the parties to the obligation
prestation - object of the obligation
subject-persons debtor
creditor
personal obligations are not susceptible to specific performance
Art 1703 No contract which amounts to involuntary servitude shall be valid

determinate - particularly designated or physically segregated from others

res perit domino

loss of determinate thing without the fault of the debtor shall extinguish the
obligation

loss of generic thing does not extinguish obligation genus nunquam perit
donation requires that a contract to be in a particular form Dauden-Hernaez vs
Delos Angeles

Delivery

damnum absque injuria illegal invasion of a legal right but does not cause any
legal injury Far East Bank vs Pacilan

1305 Contract is the meeting of minds between two persons where binds himself, with
respect to the other, to give something or render some service

principle of obligatory force 1159 - Obligations arising from contracts have the
force of law between the contracting parties and must be observed in good faith

privisions of the old code still apply flores vs so

compliance in good faith means performance in accordance with the stipulations of

the contract. courts have no power to relieve parties from their obligation no
matter how unwise agreements are diampoc vs bueneventura

quasi-contracts lawful, voluntary and unilateral acts give rise to juridical

relation of quasi contract to the end that no one shall be unjustly enriched or
benefited at the expense of another. (Art 2143)

negotiorum gestio or officious management Art 2144

where one voluntarily takes charge of the agency of the property of another,
without any power from the latter. The former is obliged to continue the same until
the termination of the affair and its incidents or to require the person concerned
to substitute him, if the owner is in a position to do so

solution indebiti or payment by mistake (Art. 2154)

when if something is received when there is no right to demand it, and it was
unduly delivered through mistake. There is an obligation to return it
* consent between parties is presumed (Perez vs Palomar)
there is no negotiorum gestio when there is
no abandonment of property
manager is tacitly authorized by owner

requisites
one voluntarily assumes the management or agency of the business or property
abandoned or neglected
no authority from the owner, whether expressed or implied
assumption of agency is in good faith

diligence of a good father in managing

pay the damages through his fault or negligence while under his management

liable for obligations incurred in his interest

reimburse

negotiorum gestio vs art. 23

avoidance of unjust enrichment both
gestor voluntarily assumes management
gestor will be reimbursed whether owner is benefited or not
property was abandoned or neglected
liability is incurred whether there is benefit or not

avoidance of unjust enrichment

no voluntary assumption of management, but an act or event causing damage to
another's property without the fault of the person liable
will reimburse only if benefited
not a requirement
liability is incurred if only there is benefit

negotiorum gestio vs implied contract

consent is not required, obligation is based on the unilateral act of gestor,
basis: there is no unjust enrichment
source quasi-contract

consent is required, albeit implied to incur obligation

basis will of the parties
source contract

solution indebiti
payment by one to another, when there is no juridical relation between parties
no right to demand it, making the delivery undue
mistake on the part of the payor and not through his liberality

solutio indebiti vs in rem verso

based on avoidance of unjust enrichment
payment is made by mistake
obligation to return is a principal obligation and based on quasi contract

accion in rem verson

based on avoidance of unjust enrichment
there is no mistake in payment
auxilliary action, when there is no remedy

people vs divinagracia
civil indemnity ex delicto as a monetary restitution to the victim attaches upon a
finding of criminal liaibility because every person criminiable for a felonyy is
also civilly liable
civil liability ex delicto presumes a private injured party

Art. 100 rpc every person criminally liable is also civilly liable

what is included
restitution 105 thing itself is restored
reparation 106 price of the thing
indemnity for consequential damages 107 damages not only caused to the injured
party but also to his family

dayap vs sendiong - acquittal does not preclude a judgment against him on the civil
aspect of the case
acquittal based on reasonable doubt
court itself declares liability is only civil
civil liability of accused does not arise from the crime of which the accused is
acquitted

preponderance of evidence quantum of evidence needed people vs bayotas

cruz vs gay
means that the evidence adduced by one side has greater weight than the other. It
means that evidence is more convincing to the court as worthy of belief

a final judgment of a civil action absolving the defendant is not a bar to a

criminal action Rule 111 section 5

joaquin vs anecito
employee is guilty of a crime while in the discharge of duty
that an employee is absolvent and has not satisfied his civil liability
employer is engaged in some kind of industry

damages
actual pecuniary loss suffered by him as he has duly proved 2199
moral physical suffering, mental anguish, wounded feelings, and similar injury.
such damage however cannot be subject of pecuniary computation but nonetheless, may
be recovered as a proximate result of one's wrongful act or omission 2217
nominal adjudicated in order that a right of the plaintiff, which was violated, be
vindicated. 2221
temperate, that which is higher than nominal but less than actual. may be recovered
when the court finds some pecuniary loss has been suffered but its amount can not
be provided with certainty 2224
liquidated those agreed by the parties to a contract in case of breach of contract
2226
exemplary imposed by way of example or correction for the public good 2229

quasi delicts definition

2276 whoever by act or omission causes damage to another, there being fault or
negligence is obliged to pay for the damage. such fault or negligence, has no pre-
existing contractual relation.

willful and negligent acts torts

quasi-delict not intentional

19 merely describes the degree of care

20 violations of existing law as basis
21 acts which are not necessarily proscribed by law
2176 must not be a breach of an existing law or pre-existing contractual obligation

vicarious liability - persons for whom one is responsible, should the latter be
negligent
requisites of quasi delict
faul or negligence of defendant
damage suffered by plaintiff
and relation of cause and effect between the fault or negligence of the defendant
and the damage incurred by plaintiff, VECO vs Alfeche