TITLE I – OBLIGATIONS
ACTIVE SUBJECT – (Creditor / Obligee) the
CHAPTER 1 GENERAL PROVISIONS
1156. An obligation is a juridical necessity to give, to do, or
not to do.
JURIDICAL NECESSITY – juridical tie; connotes that in
case of noncompliance, there will be legal sanctions.
 An obligation is nothing more than the duty of a
person (obligor) to satisfy a specific demandable
claim of another person (obligee) which, if
breached, is enforceable in court.
 A contract necessarily gives rise to an obligation
but an obligation does not always need to have a
contract.
DAMAGES – sum of money given as a compensation for
the injury or harm suffered by the obligee for the violation
of his right.
KINDS OF OBLIGATION
A. From the viewpoint of “sanction” –
a. CIVIL OBLIGATION – that defined in Article
1156; an obligation, if not fulfilled when it
becomes due and demandable, may be enforced in
court through action; based on law; the sanction is
judicial due process
b. NATURAL OBLIGATION – a special kind of
obligation which cannot be enforced in court but
which authorizes the retention of the voluntary
payment or performance made by the debtor; based
on equity and natural law. (i.e. when there is
prescription of duty to pay, still, the obligor paid his
dues to the obligee – the obligor cannot recover his
payment even there is prescription) the sanction is
the law, but only conscience had originally
motivated the payment.
c. MORAL OBLIGATION – the sanction is
conscience or morality, or the law of the church.
(Note: If a Catholic promises to hear mass for 10
consecutive Sundays in order to receive P1,000,
this obligation becomes a civil one.)
B. From the viewpoint of subject matter –
a. REAL OBLIGATION – the obligation to give
b. PERSONAL OBLIGATION – the obligation to
do or not to do (e.g. the duty to paint a house, or to
refrain from committing a nuisance)
C. From the affirmativeness and negativeness of the
obligation –
a. POSITIVE OR AFFIRMATIVE OBLIGATION
– the obligation to give or to do
b. NEGATIVE OBLIGATION – the obligation not
to do (which naturally inludes not to give)
D. From the viewpoint of persons obliged - “sanction”
a. UNILATERAL – where only one of the parties is
bound (e.g. Plato owes Socrates P1,000. Plato must
pay Socrates.)
b. BILATERAL – where both parties are bound (e.g.
In a contract of sale, the buyer is obliged to deliver)
- may be:
(b.1) reciprocal
(b.2) non-reciprocal – where performance by one is
nondependent upon performance by the other
ELEMENTS OF OBLIGATION
a.
person who is demanding the performance of the
obligation;
b. PASSIVE SUBJECT – (Debtor / Obligor) the one
bound to perform the prestation or to fulfill the
obligation or duty;
c. PRESTATION – (to give, to do, or not to do)
object; subject matter of the obligation; conduct
required to be observed by the debtor;
d. EFFICIENT CAUSE – the JURIDICAL TIE
which binds the parties to the obligation; source of
the obligation.
e. CAUSA (causa debendi/causa obligationes) - why
obligation exists
PRESTATION (Object)
1. TO GIVE – delivery of a thing to the creditor (in sale,
deposit, pledge, donation);
2. TO DO – covers all kinds of works or services (contract
for professional services);
3. NOT TO DO – consists of refraining from doing some
acts (in following rules and regulations).
Requisites of Prestation / Object:
1) licit (if illicit, it is void)
2) possible (if impossible, it is void)
3) determinate or determinable (or else, void)
4) pecuniary value
 INJURY – wrongful act or omission which
causes loss or harm to another
 DAMAGE – result of injury (loss, hurt, harm)
1157. Obligation arises from – (1) law; (2) contracts; (3)
quasi-contracts; (4) acts or omissions punished by law; (5)
quasi-delicts.
1) LAW (Obligation ex lege) – imposed by law itself;
must be expressly or impliedly set forth and cannot
be presumed - [See Article 1158]
2) CONTRACTS (Obligation ex contractu) – arise
from stipulations of the parties: meeting of the
minds / formal agreement - must be complied with
in good faith because it is the “law” between
parties; neither party may unilaterally evade his
obligation in the contract, unless:
a. contract authorizes it
b. other party assents
Note: Parties may freely enter into any stipulations,
provided they are not contrary to law, morals, good
customs, public order or public policy
- [See Article 1159]
3) QUASI-CONTRACTS (Obligation ex quasi-contractu)
– arise from lawful, voluntary and unilateral acts and which
are enforceable to the end that no one shall be unjustly
enriched or benefited at the expense of another
- 2 kinds:
a. Negotiorum gestio - unauthorized management;
This takes place when a person voluntarily takes
charge of another’s abandoned business or property
without the owner’s authority
b. Solutio indebiti - undue payment; This takes
place when something is received when there is no
 right to demand it, and it was unduly delivered thru  Interpretation of contract involves a question of
mistake law.
- [See Article 1160]
4) DELICTS (Obligation ex maleficio or ex delicto) – COMPLIANCE IN GOOD FAITH Ð compliance or
arise from civil liability which is the consequence of a performance in accordance with the stipulations or terms of
criminal offense the contract or
- Governing rules: agreement.
1. Pertinent provisions of the RPC and other penal
laws subject to Art 2177 Civil Code FALSIFICATION OF A VALID CONTRACT Ð only the
[Art 100, RPC – Every person criminally liable for a felony unauthorized insertions will be disregarded; the original
is also civilly liable] terms and stipulations should be considered valid and
2. Chapter 2, Preliminary title, on Human Relations subsisting for the partied to fulfill.
( Civil Code )
3. Title 18 of Book IV of the Civil Code – on
damages
- [See Article 1161]

5) QUASI-DELICTS / TORTS (Obligation ex quasi-

delicto or ex quasi-maleficio) – arise from damage caused to
another through an act or omission, there being no fault or
negligence, but no contractual relation exists between the
parties
- [See Article 1162]

1158. Obligations from law are not presumed. Only those

(1) expressly determined in this code or (2) 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 code.
 Unless such obligations are EXPRESSLY
provided by law, they are not demandable and enforceable,
and cannot be presumed to exist.
 The Civil Code can be applicable suppletorily to
obligations arising from laws other than the Civil Code
itself.
 Special laws Ð refer to all other laws not
contained in the Civil Code.

1159. Obligations arising from contracts have the force of

law between the contracting parties and should be complied
with in good faith.

CONTRACT - meeting of minds between two persons

whereby one binds himself, with respect to the other, to
give, to do
something or to render some service; governed primarily by
the agreement of the contracting parties.

VALID CONTRACT - it should not be against the law,

contrary to morals, good customs, public order, and public
policy.

 In the eyes of law, a void contract does not exist

and no obligation will arise from it.

OBLIGATIONS ARISING FROM CONTRACTS Ð

primarily governed by the stipulations, clauses, terms and
conditions of their
agreements.

 If a contractÕs prestation is unconscionable

(unfair) or unreasonable, even if it does not violate
morals, law, etc., it may not
be enforced totally.