Chapter 1

GENERAL PROVISIONS
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
So what is an obligation? When we say obligation, one is bind to do something to
other person whether it is to give something, to do something or not to do
something.
So, when can we say an obligation is a juridical necessity? Remember there are
different obligations, there are obligation that are associated under the civil code
and there are obligations that are not associated under the civil code like for
example ang obligation nimo as uyab na dle sija saka nimo sa court. An obligation
can only be a juridical necessity when there is non-compliance or ignorance of the
debtor to fulfill his/her obligation then you can summon or call it the court to
enforce the fulfillment.
Obligation is civil or natural.
Essential requisites of an obligation.
1. Passive subject (debtor or obligor)-the person who is bind to do the fulfillment
of the obligation.
2. Active subject (creditor or oblige)-the person who is entitled to demand the
fulfillment.
In order to be called an obligation or to be an obligation. One must bear to do the
fulfillment and one must be entitled to demand that fulfillment. Absence of these
two cannot make an obligation or it cease to exist.
3. Object or prestation- the actions that the debtor is obligated to do.
4. legal tie- the connection of the parties to the obligation.
Form of obligations- it refers to what way the obligation is manifested or created.
For example contracts in which both individuals have an agreement through the
medium of paper and oral like sabot2 lang, there is still an obligation since two
individuals binds themselves to perform to benefit each other.
Subject matter of obligations
Under art. 1156 obligation is a juridical necessity to give is also classified as
subject matter, real obligation in which it is a thing or something
For example Christene has an obligation to give Justine a painting art as she is the
buyer.
1. real obligation- the subject matter is a thing.
obligation is a juridical necessity to do or not to do can be classified as personal
obligation, an act to be done
2. personal obligation- the subject matter is an act to be done or not to be done.
Sources of obligations
1. law- obligation created by law ex: paying of tax
2. Contracts- it is created by an agreement of both parties ex: contract catering
service or contract of sale
3. Quasi-contracts- a legal obligation imposed by law to prevent unjust
enrichment. Ex: solutio indebiti, magbayad ka sa Gaisano unja sobra ang nahatg
nimo, the cashier has an obligation to give it back.
4. Crimes or acts or omissions punished by law- is an obligation that states that if
a person is criminally liable then he/she civil liable.
If the person is proven guilty by court then he/she is criminally liable ang civil
liable
5. Quasi-delicts- is an obligation that arises from damage caused to another
through an act of negligence but no contractual relation between parties. Ex: mga
disgrasya mostly mga accident sa motor with no preexisting relations to each
other, ang nadasmagan pwede sija mukiha sa nakadasmag the basis of
obligation is under quasi-delicts.
Chapter 2
Art. 1163. Every Person obliged to give something is also obliged to take care of it
with proper diligence of a good father of a family unless the law or the stipulation
of the parties requires another standard of care.
Degree of care; diligence of a good father of a family
kung ikaw as a debtor is obliged to give something to another dle pa ma deliver
nimo, you are required by law to observe the diligence of a good father of a
family or to give ordinary care or reasonable diligence.
Determinate thing- it is particularly designated or physically segregated others of
the same class. So, kaya nimo ma determine or kaya nimo mapinpoint or it is
identifiable.
So, example for physically segregated is that I promised to give you my only car
to your warehouse in Cebu city. In this case that car is physically segregated
from the rest of the car. That obligation therefore is an obligation to deliver
specific or determinate thing.
A thing is also specific or determinate things if it is particularly designated, for
example I promise to deliver to you my white Toyota Landcruiser 2016 with
plate no. 123456, so the Toyota landcruiser 2016 is particularly designated and
can be identified and can be identified from the rest of the Toyota Landcruiser
2016 because it has a plate no.
Generic or indeterminate thing- is not particularly segregated, is not specifically
describe but it is a part of class of mass. Or in short it only refers only to a class.
Ex:
I will give you my police dog. It is generic thing since there are different types of
police, there are Belgian milanious police dog, there American bull police dog or
a kangal police dog. So, it is not easily identifiable.
Duties of debtor to give a determinate thing
1. Preserve the things
(a)diligence of a good father of a family
(b)another standard of care
(c)Factors to be considered
(d) Reason for debtor’s obligation- to ensure that the thing to be delivered
would subsist in the same condition as when it was contracted.
Duties of debtor to deliver a generic thing
1. To deliver the thing which of the quality was intended from both parties.
2. To be liable in case of fraud, negligence in the performance.