CHAPTER 1: GENERAL PROVISIONS Example

Naruto is obliged to pay his income taxes

WHAT IS A OBLIGATION?
(unilateral obligation: only one party have
obligation)
Philippine Civil Code Article 1156 define
obligation as juridical necessity, to give, to do, Passive subject- Naruto
or not to do Active subject- Philippine Government
CIVIL OBLIGATION Prestation- To give money (pay income
Examples tax)
Obligation to pay tuition fee (to give Juridical tie- law
money)
Parents to take care of their children (to do) Contract of sale (bilateral: 2 parties have
Obligation of anyone to not steal (to not obligation)
do) Tanjiro sold a battle of wine to inosuke for
P1,000
Why civil obligation is a juridical necessity?
Incase of NON-COMPLIANCE, the courts
of justice maybe called upon to enforce its
fulfillment or, in default thereof, the
economic value that its present.

NOT a juridical necessity (not a CIVIL

OBLIGATIONS) Obligation, Right, Cause of action
Your obligation to attend masses (moral (wrong)
obligation) Obligation
To payback your debt of gratitude (natural Juridical necessity to give, to do, or not to
obligation) do (civil obligation)
Right
ESSENTIAL REQUISITES Power which a person has under the law
Passive Subject (Obligor) to demand from another any prestation
Person who is bound to the fulfillment of the Cause of action
obligation. Act or omission which violated a right
Active Subject (Obligee)
Person who entitled to demand the fulfillment Injury, Damage, Damages
of the obligation Injury
Prestation/Object/Subject Matter Act or omission which causes harm
Conduct required to be observed by the debtor Damage
(it may consist in giving, doing, or not doing. The harm done to a party
Juridical Tie/Vinculum/Vinculum Juris Damages
Binds or connects parties into an obligation. Sum of money recoverable by reason of
damage done
Example
Tanjiro sold a bottle of wine to inosuke for
P1000
If Tanjiro delivered the bottle of wine and
inosuke does not pay, Tanjiro will have a right
of action
Once Tanjiro filed a case against Inosuke
Tanjiro- Plaintiff
Inosuke- Defendant
Cause of action- Inosuke not paying
Damage- Tanjiro incurred a loss in the sale
Damages- sum of money recoverable
(P1000+) from the defendant
Types of obligations according to prestation Art.1159: Obligations arising from
1. Real Obligation- to give
2. Personal Obligation
a. Positive Personal- to do
b. Negative Personal- not to do
SOURCES OF OBLIGATIONS
Article 1157. Obligation arise from
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omission punished by law
5. Quasi-delicts
*3-5 already in scope of law so in general
there are only 2 sources.
Obligations arising from law
Art. 1158: Obligations derived from law
are not presumed. Only those expressly
determined in this Code or in special laws
are demandable, and shall be regulated
by the precepts of the law which
established them; as to what not has been
foreseen, by the provision of this book
Example
An employer has no obligation to
furnish free legal assistance to his
employee
A private school has no legal
obligation to provide clothing
allowance to its teachers
When imposed by law itself
Examples
Pay taxes (tax code)
Obligations of parents to the family
(family code)
Obligations arising from contracts
contracts have the force of law between
the contracting parties and should be
complied with in good faith
A contract is in meeting of minds
between two persons whereby one binds
himself, with respect to the other, to give
something, or to render some service.
*can exist without written documents, can
be orally
*contract is bilateral in a sense
Obligations arising from quasi contracts
Art.1160: A quasi-contract is that juridical
relation from (Art.2142) certain lawful
voluntary and unilateral lateral acts by
virtue of which the parties become bound
to each other to the end that no one will deceased, said relatives shall
unjustly enrich or benefitted at the expense reimburse the third person, should
of another the latter claim reimbursement.
Example
You received excessive change after buying
from a store it is your obligation to return the
excessive change (solutio indebti)
There is no right to receive the thing
delivered
The thing was delivered through mistake
Another person took care of your dog while
you're away, it is your obligation to reimburse
him the necessary expense he incurred
(negotiorum gestio)
*nominate quasi-contracts are solutio indebti
and negotiorum gestio
Negotiorum gestio
Does not arise in either of these instances
o When the property or
business is not neglected or
abandoned (Unauthorized Contract)
o If in fact the manager has
been tacitly authorized by the
owner. (Contract of Agency)
Other Quasi-Contracts (Innominate)
When, without knowledge of the
person obliged to give support, it is
given by a stranger, the latter shall
have the right to claim the same
from the former, unless it appears
that he gave it out of piety and
without intention of being repaid.
When funeral expenses are borne
by a third person, without the
knowledge of those relatives who
were obliged to give support to the
When the person obliged to support
an orphan, or an insane or the
indigent person unjustly refuses to
give support to the latter, any third
person may furnish support to the
needy individual, with right of
reimbursement from the person
obliged to give support. The
provisions of this article apply when
the father or mother of child under
eighteen years of age unjustly refuses to
support him.
Obligations arising from delicts
Art.1161: Civil obligations arising from
criminal offenses shall be governed by
penal laws, subject to the provisions of
Article 2177, and to pertinent provisions
of chapter 2, preliminary title, on Human
Relations, and the Title XVIII of this book,
regulating damages.
Also known as crime or felony
Unlike other source of obligations, delicts
produce both criminal and civil liabilities
Example
Estafa
Murder
Rape
Obligations arising from quasi-delicts
Art.1162: Whoever by act of omission cause
damage to another, there being fault or
negligence, is obliged to pay for the damage
done. If there is no pre-existing contractual
relation between the parties, is called a quasi-
delict and is governed by the provisions of this
Chapter
Indemnification
a. For consequential damages
b. Shall include not only those caused the
injured party, but also those suffered by
his family or by a third person by reason
of crime.
Example

also known as tort or culpa Gen stole Senku Car and was damage
This is an act or omission by one party which during the chase. Supposedly that night
causes damage to another party Senku will sold his car in a car show

Wherein there is no pre-existing contract Restitution - return the vehicle, if not

*associated to negligence
Example
Because of the organizers negligence
audience were hurt during the event
Because you’re not careful while running in
a busy sidewalk, you bumped into a child *in reparation it is possible if the thing is
and the child suffered injuries
In both cases the tortfeasors (organizer,
you) will answer for the medical expenses of
the audience and the child
monetary value of the car
Reparation - answer for the damage
cause to the vehicle
Indemnification - Since Gen's acts
resulted to Senku's loss, Gen will also
answer for the said loss
beyond repair then compensate through
sentimental value, but reparation is not
applicable if the thing is lost

SCOPE OF CIVIL LIABILITIES

Restitution
a. the restitution of the thing itself must be
made whenever possible, with allowance for
any deterioration or diminution of value as
determined by the court.
Reparation
a. For the damages caused.
b. Court shall determine the amount of
damage, taking into consideration the price of
the thing, whenever possible, and its special
sentimental value to the injured party, and
reparation shall be made accordingly.