ARTICLE 1156- AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT DO FO

MEANING OF OBLIGATIONS

- LATIN WORD “OBLIGATIO”- TYING OR BINDING.

- YOU BIND YOURSELF OR YOU ARE BEING BOUND BY THE LAW TO GIVE OR TO DO A SPECFIC THING.

TO GIVE, TO DO, OR NOT TO DO

PRESTATIONS- SUBJECT MATTER OF THE OBLIGATIONS; CONDUCT TO BE SERVED BY THE DEPTOR WHICH MAY CONSIT OF:

1. GIVING 2. DOING 3. NOT DOING

Meaning of JURIDICAL NECESSITY

>THE RIGHTS AND DUTIES ARISING FROM OBLIGATIONS ARE LEGALLY ENFORCEABLE AND THE COURTS OF JUSTICE MAY BE CALLED UPON TO ORDER THEIR PERFORMANCE.

>CAN BE FILE FOR A CASE, IN ORDER TO HAVE RIGHT TO GET WHAT IS RIGHT FOR YOU.

> IN CASE OF NON-COMPIANCE, THE COURTS OF JUSTICE MAY BE CALLED UPON BY THE AGGRIEVED PARTY TO ENFORCE ITS FULFILLMENT.

2 KINDS OF OBLIGATIONS WITHOUT JURICAL NECESSITY

1. NATURAL OBLIGATIONS- TO PAY BACK DEPT OR GRATITUDE (UTANG NA LOOB)

2. MORAL OBLIGATIONS- A DUTY WHICH ONE OWES, AND WHICH HE OUGHT TO PERFORM, BUT WHICH HE IS NOR LEGALLY BOUND TO FULFILL.

[PRESTATIONS]

OBLIGATIONS TO GIVE

>CONSIST IN THE DELIVERY OF A MOVABLE OR IMMOVABLE THING TO THE CREDITOR

>REAL OBLIGATION BECAUSE A PHYSICAL THING IS INVOLVED AND DELIVERY OF THE SAME DISCHARGES THE OBLIGATIONS

> EX: MONEY, PROPERTIES, THINGS

OBLIGATION TO DO

> COVERS ALL KINDS OF WORKS OR SERVICES WHETHER PHYSICAL OR MENTAL

> PERSONAL BUT POSITIVE OBLIGATION; ACT TO BE DONE

> EX: SERVICES

OBLIGATION NOT TO DO

>CONSIST IN REFRAINING FROM DOING SOME ACTS

> PERSONAL BUT NEGATIVE OBLIGATION; ACT NOT TO BE DONE.

ESSENTIAL REQUISITIES OF AN OBLIGATION

EXAMPLE: FRANCO ENTERED INTO A CONTRACT WITH JANA WHERBY FRANCO AGREED TO DELIVER TO JANA 10 SACKS OF POTATO ON DEC 25,2021

* PASSIVE SUBJECT (DEBTOR OR OBLIGOR) – FRANCO DEBTOR MEANS - BOUND TO FULFILL THE OBLIGATION

- THE PERSON WHO IS BOUND TO THE FULFILLMENT OF THE OBLIGATION

- HE WHO HAS A DUTY; RESPONSIBLE TO PERFORM THE OBLIGATION.

* ACTIVE SUBJECT (CREDITOR OR OBLIGEE) – JANA

- THE PERSON WHO IS ENTITLED TO DEMAND THE FULFILLMENT OF THE OBLIGATIONS

-HE WHO HAS A RIGHT

* JURICAL TIE/LEGAL TIE (EFFIIENT CAUSE)- A CONTRACT

- WHICH BINDS OR CONNECTS THE PARTIES TO THE OBLIGATION

- THE TIE IN AN OBLIGATION CAN EASILY BE DETERMINED BY KNOWING THE SOURCE OF THE OBLIGATION (ARTICLE 1157)

*OBJECT/PRESTATION (SUBJECT MATTER)- TO DELIVER

- THE CONDUCT REQUIRED TO BE OBSERVED BY THE DEBTOR.

-WITHOUT THE PRESTATION, THERE IS NOTHING TO PERFORM.

[FORM OF OBLIGATIONS]

THE FORM OF AN OBLIGATIONS- REFERS TO THE MANNED IN WHICH AN OBLIGATION IS MANIFESTED OR INCURRED. IT MAY BE ORAL, OR IN WRITING, OR PARTY ORAL AND
PARTY WRITING.

(1) AS A GENERAL RULE, THE LAW DOES NOT REQUIRE ANY FORM FOR OBLIGATIONS ARISING FROM CONTRACT S FOR THEIR VALIDITY OR BINDING FORCE.
(2) OBLIGATIONS ARISING FROM OTHER SOURCE(ART.1157) DON NOT HAVE ANY FORM AT ALL.

{OBLIGATION, RIGHT, AND WRONG DISTINGUISHED]

(1) OBLIGATION IS THE ACT OR PERFORMANCE WHICH THE LAW WILL ENFORCE

(2) RIGHT, IS THE POWER WHICH A PERSON HAS UNDER THE LAW, TO DEMAND FROM ANOTHER ANY PRESTATION.

(3) WRONG (CAUSE OF ACTION) ACCORDING O ITS LEGAL MEANING, IS AN ACT OR OMMISION OF ONE PARTY IN VIOLATION OF THE LEGAL RIGHTS OR RIGHTS (RECOGNIZED BY
LAW) OF ANOTHER. IN LAW, THE TERM INJURY IS ALSO USED TO REFER TO THE WRONGFUL VIOLATION OF THE LEGAL RIGHT OF ANOTHER.

[ESSENTIAL ELEMENTS OF LEAGAL WRONG OR INJURY ARE;]

(A)A LEGAL RIGHT IN FAVOR OF A PERSON (CREDITOR/OBLIGEE/PLAINTIFF)

(B) A CORRELATIVE LEGAL OBLIGATION ON THE PART OF ANOTHER DEBTOR/OBLIGOR/DEFENDANT); TO RESPECT OR NOT TO VIOLATE SAID RIGHT

(C) AN ACT OR OMISSION BY THE LATTER IN VIOLATION OF SAID RIGHT WITH RESULTING INJURY OR DAMGE TO THE FORMER.

AN OBLOGATION ON THE PART OF A PERSON CANNONT EXIST WITHOUT A CORRESPONDING RIGHT IN FAVOR OF ANOTHER, AND VICE-VERSA. A WRONG OR CAUSE OF ACTION
ONLY ARISES AT THE MOMENT A RIGHT HAS BEEN TRANSGRESSED OR VIOLATED.
EXAMPLE; IN THE PRECEDING EXAMPLE, Y HAS THE LEGAL RIGHT TO HAVE HIS HOUSE CONSTRUCTED BY X WHO HAS THE CORRELATIVE LEGAL OBLIGATION TO BUILD THE
HOUSE OF Y UNDER THEIR CONTRACT. X HAS THE RIGHT TO BE PAID THE AGREED COMPENSATION PROVIDED THE HOUSE IS BUILT ACCORDING TO THE TERMS AND CONDITIONS
OF THE CONTRACT.

THE FAILURE OF EITHER PARTY TO COMPLY WITH SUCH TERMS AND CONDITIONS GIVES THE OTHER A CAUSE OF ACTION FOR THE ENFORCEMENT OF HIS RIGHT AND/ OR
RECOVERY OF INDEMNITY FOR THE LOSS OR DAMAGE CAUSE TO HIM FOR THE VIOLATION OF HIS RIGHT.

[ KINDS OF OBLIGATION ACCORDING TO THE SUBJECT MATTER/ CLASSIFICATIONS OF OBLIGATION]

>REAL OBLIGATION- (OBLIGATION TO GIVE); IS THAT IN WHICH SUBJECT MATTER IS A THING WHICH THE OBLIGOR MUST DELIVER O THE OBLIGEE. DELIVERY OF THE THING
DISCHARGES THE OBLIGATION.

EX: X (SELLER) BINDS HIMSELF TO DELIVER A PIANO TO Y (BUYER)

>PERSONAL OBLIGATION (OBLIGATION TO DO OR NOT TO DO) IS THAT IN WHICH THE SUBJECT MATTER IS AN ACT TO BE DONE OR NOT TO BE DONE. - POSITIVE AND NEGATIVE

(a) POSITIVE PERSONAL OBLIGATION OR OBLIGATION TO DO OR TO RENDER SERVICE. (ART.1167)

EX: X BINDS HIMSELF TO REPAIR THE PIANO OF Y.

(b) NEGATIVE PERSONAL OBLIGATION IS OBLIGATION NOT TO DO (WHICH NATURALLY INCLUDES OBLIGATION “NOT TO GIVE”) (ART 1168)

EX: X OBLIGES HIMSELF NOT TO BUILD A FENCE ON A CERTAIN PORTION OF HIS LOT IN FAVOR OF Y WHO IS ENTITLED TO A RIGHT OF WAY OVER SAID LOT.

[ SOURCE OF OBLIGATION: ARTICLE 1157]

OBLIGATIONS ARISE FROM: LAWS; CONTRACTS; QUASI-CONTRACTS; DELICTS; QUASI-DELICTS

LAW - a rule of conduct, just, and obligatory laid down by legitimate authority for common observance and benefit.

LAW

— Imposed by the law itself.

— Obligations derived from law are not presumed. Only those expressly determined in the Civil Code or in Special Laws are demandable, and shall be regulated by the precepts
of law which establishes them; and as to what has not been foreseen, by the provision of the Civil Code. (ARTICLE 1158

CONTRACT — When they arise the stipulation of the parties. (ARTICLE 1306) — It is the meeting of minds between two (2) persons whereby one binds himself with respect to
the other to give something or to render some service. (ARTICLE 1305) Obligations arising from contracts must be complied with in good faith. (ARTICLE 1159

QUASI-CONTRACT — NO MEETING OF MINDS; WITHOUT CONSENT — Contracts implied by law; that juridical relation resulting from LAWFUL, VOLUNTARY, and UNILATERAL
ACTS by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. (ARTICLE 2142

2 TYPES OF QUASI-CONTRACTS:

NEGOTIORUM GESTIO

— REFERS TO VOLUNTARY MANAGEMENT OF THE PROPERY OR AFAIRS OF ANOTHER WITHOUT KNOWLEDGE OR CONSENT OF THE LATER. (ARTICLE 2144)

— UNAUTHORIZED MANAGEMEN

EXAMPLE: >> JANA, THE OWNER OF THE FARM, WENT TO BORACAY FOR A VACATION, LEAVING NO ONE TO TAKE CARE OF HER FARM. DURING HER ABSENCE, A STRONG
EARHQUAKE HIT LUZON, CAUSING HER (2) TWO COWS TO BREAK OUT. PAUL, A NEIGHBOR OF JANA, GATHERED THE COWS AND TOOK CARE OF THEM UNTIL JANA RETURNS.
PAUL INCURRED EXPENSES.

— IN THIS CASE, PAUL ACTED AS AN OFCIOUS MANAGER OF THE COWS OF JANA WITHOUT JANA’S CONSENT. THUS, JANA BECAME LIABLE TO PAY PAUL THE EXPENSES INCURRED
FOR THE VOLUNTARY ADMINISTRATION OF JANA’S PROPERY FOR THE REASON THAT NO ONE SHALL BE UNJUSTLY ENRICHED OR BENEFTED AT THE EXPENSE OF ANOTHER

SOLUTIO INDEBITI — THE JURIDICAL RELATION WHICH IS CREATED WHEN SOMETHING IS RECEIVED WHEN THERE IS NO RIGHT TO DEMAND IT AND IT WAS UNDULY DELIVERED
THROUGH MISTAKE. (ARTICLE 2154) — PAYMENT BY MISTAKE / UNDUE PAYMENT

EXAMPLE: >> EVELYN OWES RALPH PHP1,000. EVELYN PAID EDWIN, THE SECRETARY OF RALPH, BELIEVING THAT EDWIN WAS AUTHORIZED TO RECEIVE PAYMENT FROM RALPH.
EDWIN HAS THE OBLIGATION TO RETURN THE PHP1,000 PAYMENT TO EVELYN.

DELICTS (ACTS OR OMISSIONS PUNISHABLE BY LAW) — CRIMES OR FELONIES ; CIVIL LIABILITY ARISING FROM DAMAGES ARISING FROM CRIMES. — UNDER THE LAW, “EVERY
PERSON CRIMINALLY LIABLE FOR A FELONY (CRIME) IS ALSO CIVILLY LIABLE.” (ARICLE 100, REVISED PENAL CODE) THE CIVIL LIABILITY ARISING OUT OF THE COMMISSION OF A
CRIME INCLUDES: (1) RESTITUTION; (2) REPARATION OF DAMAGES CAUSED; AND (3) INDEMNIFICATION OF CONSEQUENTIAL DAMAGES

CRIME = CIVILLY LIABLE CRIMINALLY LIABLE ARE CIVILLY LIABLE, HOWEVER, NOT ALL CIVILLY LIABLE ARE CRIMINALLY LIABLE

PRESUMPTION (ASSUMED) RETALIATE - REVENGE IS DONE SELF-DEFENSE IS NOT CRIMINALLY LIABLE

INTENT (INTENTION TO DO THE CRIME COMMENSURATE – FAIR

EXAMPLE: >> FRANCO IS FOUND GUILTY BY THE COUR OF THEF OF A CELLPHONE BELONGING TO ALEXA. ASIDE FROM SENTENCING HIM TO IMPRISONMENT, THE COUR ALSO
ORDERS FRANCO TO:

1. RETURN THE CELLPHONE (RESTITUTION) 2. IF DISPOSED OF THE SAME, PAY ITS VALUE (REPARATION) 3. DAMAGES SUFERED BY ALEXA (INDEMNIFCATION)

QUASI-DELICT (TORT / CULPA AQUILIANA)

NO INTENT ; NEGLIGENCE - ACCIDENTS

— IT IS LEGALLY WRONG, COMMITED THROUGH FAULT OR NEGLIGENCE, ON A PERSON OR PROPERY, INDEPENDENT OF A CONTRACT.

INDEPENDENT CIVIL ACTION - IT CAN STAND ALONE. CIVIL ACTION AND CRIMINAL ACTION

ELEMENTS:

1. ACT OR OMISSION 2. FAULT OR NEGLIGENCE 3. DAMAGE CAUSED 4. DIRECT RELATION OR CONNECTION OF CAUSE AND EFECT BETWEEN THE ACT OR OMISSION AND THE
DAMAGE 5. NO PRE-EXISTING CONTRACTUAL RELATION BETWEEN THE PARIES.

EXAMPLE: >> ANDREA WAS DANCING WHILE WATERING HER FOWER POT IN HER HOUSE (LOCATED AT 2ND FOOR). AS A RESULT, SHE ACCIDENTALLY CAUSED THE FOWER POT TO
FALL, HITING SONNY WHO SUFERED INJURIES.

THEREFORE, ANDREA IS OBLIGED TO PAY FOR THE DAMAGES SUSTAINED BY SONNY.

NATURE OF OBLIGATIONS UNDER THE CIVIL CODE

CIVIL OBLIGATIONS