Chapter 1 – Obligations - All are capable
- Sino assigned sa prestation?
• Obligation - came from Latin obligatio which ✓ FORM: (writing) = added requisite
was derived from “obligare” - which the obli is manifested
• Obligare: “to bind securely” (literally) - Only in obli from certain contracts
- “ob” = around | “ligare” = to tie/bind - Examples: #10 p. 8
Art. 1156. An obligation is a juridical necessity to give, to do ELEMENTS OF VALID OBJECT OF PRESTATION
or not to do. (n) 1. Object must be licit or lawful | not contrary to
Obligation – juridicial necessity TG, TD, NTD law, morals, good customs, public order, polic
- Within commerce of men
- adapted from Sanchez Roman’s classic definition:
“JN of complying with a prestation” - Shabu = invalid
2. Object must be determinate or specific |
juridical necessity sufficiently described to make it be easily
selected or picked out from a group
• Rights and duties arising from an obli are
- BCD 4-door Toyota Corona Sedan Model 1983
legally enforceable
car VS a horse
- IN CASE OF NON-COMPLIANCE: courts of justice
3. O = physically or legally possible | capable of
may be called upon by aggrieved party to enforce
being delivered
fulfillment of obli
- Rock from planet Yekok = invalid
- IN DEFAULT: fulfillment of economic value that obli
4. O = capable of pecuniary estimation | must
represents
have monetary value that on non-fulfillment,
damages may be rewarded
NATURE OF OBLIGATIONS under Civil Code (CC)
1. Civil
• Obligation to do – requires debtor to perform
• has a binding force in law
an act | render service
• legally demandable
- Paint bldg., render ten songs, build a wall
- Gives obligee/creditor right to enforce it
• Obligation not to do – obli which prohibit
against obligor/D in a court of justice
performance of certain acts
2. Natural
- not to use plastic bags, not to trespass
• Not legally demandable
• Obligation to give – require the delivery
- cannot be enforced by action | binding on
- Deliver brand new piano, 20 sacks of rice
party who makes it in conscience
- Based on natural law: to do good and avoid
✓ Wife in labor, in-laws called the doctor. Husband
evil
still the one to pay because it is his obli to give
support to his wife: IMPOSED BY LAW
✓ All obligations under CC are CIVIL
- except Natural Obligations Chapter (1423-1430)
Art. 1157. Obligations arise from:
ELEMENTS/REQUISITES OF OBLIGATIONS (1) Law;
= LOAP (2) Contracts;
1. Legal or juridical tie / vinculum juris (3) Quasi-contracts;
• The sources of obligation (4) Acts or omissions punished by law; and
- Central element / juridical element (5) Quasi-delicts.
- Consists of tie / relation w/c the debtor is (1089a)
bound to satisfy = determinate prestation
- May arise either from unilateral or bilateral FIVE SOURCES OF OBLIGATION = exclusive
acts - No obli is recognized if not arose from them
2. Object of obligation ✓ There is NO obligation WITHOUT LAW
✓ Because arise of obligation: LAW and FACT
• TG, TD, NTD, what?
(D/P)
- the prestation = conduct that debtor should
observe • Law may play either dominant or passive
3. Active subject ➢ WHEN: law merely guarantees performance
and enforceability of obli | giving form and
• Obligee (TD) | creditor (TG)
security | law serves as sanction of power
- Party entitled to demand performance
= LAW IS NOT THE ORIGIN
- All are capable of becoming creditors
- Contract, quasi-contract, delict, quasi-delict –
- Incapacitated CANT alone be an active
source is the fact and law is limited to
sanction, regulate | not creating
4. Passive object
• Obligor (TD) | Debtor (TG)
- Party bound to perform or fulfill the obli
➢ WHEN: law plays dominant | does not limit - Includes damages suffered by injured party,
itself to placing under its influence the his family, and third party
consequences of a fact BUT CREATES ITSELF - A killed B. A will be imprisoned + obliged to
= LAW IS THE ORIGIN indemnify heirs of B.
- Pay taxes – law creates the obli and sanctions
it 4. Quasi-delicts = Torts = Culpa Aquilana
• Faults or acts of negligence (omission of care)
which causes damages to another
1. Contract • Parties connected or unconnected BUT with
• Meeting of minds bet 2 persons INDEPENDENT contractual relation
- One bind himself to give / to render - Literal na coincidence na bintana mo yung
- Must be complied in good faith because it is natamaan ng bola namin. Di sadya. Sensya na.
Bayaran na lang naming.
the “law” between parties
- Neither party may unilaterally evade his obli
ELEMENTS/REQUISITES OF QUASI-DELICT
UNLESS 1. There must be fault/negligence
a. Contract authorizes 2. there must be damage/injury
b. Other party assents 3. direct relation of cause and effect between
- Parties – freely enter into stipulations | negligence and injury (proximate cause)
provided not contrary to law, M, GC, PO, PP 4. no pre-existing contractual relation between parties
- Contract of sale = seller to deliver, buyer to
pay Art. 1158. Obligations derived from law are not presumed.
Only those expressly determined in this Code or in special
• Student is stabbed inside school laws are demandable, and shall be regulated by the precepts
- Basis of liability: contract of the law which established them; and as to what has not
- Student enrolls = contract: him and school been foreseen, by the provisions of this Book. (1090)
- Student: comply with rules, regulations, policies
- school: he will learn, graduate, peace in campus ✓ obligations arising from law: not presumed
- considered as ‘burden’ to the obligor
2. Quasi-contract - must be clearly set forth in law (CC or special
• Resulting from lawful, voluntary, unilateral act laws – any other law distinct from CC)
- Purpose: payment of indemnity
- “No one shall be unjustly enriched or ✓ law: most important among all sources
benefited at the expense of another” - does not depend upon will of parties
- imposed by state = imbued w/ public policy
KINDS: considerations
a. Negotiorium gestio
- Unauthorized management ((examples #45 p.17))
- Person voluntarily takes charge of one’s
abandoned property w/out owner’s consent Art. 1159. Obligations arising from contracts have the force of
- Claire left on a vacation. Her house was on fire. law between the contracting parties and should be complied
Shaun steps in and incurred expenses in wanting to with in good faith. (1091a)
save the house from fire or recover some things.
b. Solution indebiti Contract (CC) – meeting of minds between 2 persons
- From undue payment | payment by mistake where on binds himself to give/render
- Received when there’s no right to demand
- I have given you a change of 5 when it FORCE OF LAW: characteristic of contract
should’ve been 2 only. ✓ Law emphasized the obligatory nature of
REQUISITES binding and valid agreement.
a. He who paid was not under obligation ✓ Just like law: willful non-fulfillment of contract
b. Payment was made by an essential mistake. involve sanctions
✓ Whatever stipulations basta hindi contrary to
3. Delicts – “acts or omissions punished by law” law:
• Liability arising from a crime/penal offense - Contract remains the “law” between parties
• Criminally liable = civilly liable (1) restitution, (2) ✓ From contract perfection: parties are bound to
reparation, (3) indemnification fulfill including all consequences
Restitution = restore ((example: #48 pp. 18-19))
- Return of the object if possible + allowances
Art. 1160. Obligations derived from quasi-contracts shall be
for any deterioration as determined by court
subject to the provisions of Chapter 1,24 Title XVII of this
Reparation = repair
Book. (n)
- If cant be returned, offender shall make
reparation equivalent to the value of thing
PRINCIPLE OF QUASI-CONTRACT
- Includes sentimental value + damages
“no one shall be enriched at the expense of another”
Indemnification = compensate
- Pay consequential damages
✓ There is no consent of either party Guardians are liable for damages caused by the minors or
- Merely supplied by fiction of law incapacitated persons who are under their authority and live
✓ Act must be voluntary, lawful, and beneficial to in their company.
other SO MUCH that the one who acted is
The owners and managers of an establishment or enterprise
entitled to compensation
are likewise responsible for damages caused by their
employees in the service of the branches in which the latter
((examples: #51 pp. 19-20)) are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their
Art. 1161. Civil obligations arising from criminal offenses shall employees and household helpers acting within the scope of
be governed by the penal laws, subject to the provisions of their assigned tasks, even though the former are not engaged
Article 2177, and of the pertinent provisions of Chapter 2, in any business or industry.
Preliminary Title, on Human Relations, and of Title XVIII of
this Book, regulating damages. (1092a) The State is responsible in like manner when it acts through a
special agent; but not when the damage has been caused by
DELICTS VS QUASI-DELICTS the official to whom the task done properly pertains, in which
delicts Quasi-delicts case what is provided in article 2176 shall be applicable.
Criminal/malicious intent Only negligence
or criminal negligence Lastly, teachers or heads of establishments of arts and trades
Purpose is punishment Indemnification of shall be liable for damages caused by their pupils and
offended party students or apprentices, so long as they remain in their
custody.
Affects public interest Private interest
Criminal and civil liability Only civil liability
The responsibility treated of in this article shall cease when
Cannot be settled by the Can be compromised as
the persons herein mentioned prove that they observed all the
parties themselves any other civil liability
diligence of a good father of a family to prevent damage.
Guilt of accused must be Fault need to be proved
proved by reasonable by preponderance of Art. 2182. If the minor or insane person causing damage has
doubt evidence no parents or guardian, the minor or insane person shall be
Punished only if there is a “More broad” includes answerable with his own property in an action against him
penal law ALL ACTS in which “fault where a guardian ad litem shall be appointed.
or negligence intervenes”
Art. 2194. The responsibility of two or more persons who are
✓ Defendant: criminal + civil = DIED liable for quasi-delict is solidary.
• Civil liability not extinguished
• In case of physical injuries: Independent civil Art. 1728. The contractor is liable for all the claims of laborers
action and others employed by him, and of third persons for death or
physical injuries during the construction.
- Will be directed against administrator of
estate
Art. 1763. A common carrier is responsible for injuries
- Obligation of heirs suffered by a passenger on account of the wilful acts or
- Liability cannot exceed value of inheritance negligence of other passengers or of strangers, if the common
carrier's employees through the exercise of the diligence of a
Art. 1162. Obligations derived from quasi-delicts shall good father of a family could have prevented or stopped the
be governed by the provisions of Chapter 2, Title XVII of act or omission.
this Book, and by special laws. (1093a)29
Art. 218. The school, its administrators and teachers, or the
individual, entity or institutions engaged in child care shall
have special parental authority and responsibility over the
Additional relevant articles:
minor child while under their supervision, instruction or
custody.
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for
Authority and responsibility shall apply to all authorized
the damage done. Such fault or negligence, if there is no pre-
activities whether inside or outside the premises of the school
existing contractual relation between the parties, is called a
entity or institution. (Family Code.)
quasi-delict and is governed by the provisions of this Chapter.
Art. 2177. Responsibility for fault or negligence under the
preceding article is entirely separate and distinct from the civil
liability arising from negligence under the Penal Code. But the
plaintiff cannot recover damages twice for the same act or
omission of the defendant.
Art. 2180. The obligation imposed by article 2176 is
demandable not only for one's own acts or omissions, but also
for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother,
are responsible for the damages caused by the minor children
who live in their company.
