What is (Civil) Obligation?

Philippine Civil Code Article 1156 defines obligation as a juridical necessity to give, to do, or not to
do.

Examples of Civil Obligations :

1. Comply with what is stipulated in a contract. (to do)
2. The obligations of a father towards his children. (to do)
3. The prohibition of parking in a certain place. (not to do)
4. To pay taxes (to give)

Why civil obligation is a juridical necessity?

– BECAUSE IN CASE OF NONCOMPLIANCE, THERE WILL BE LEGAL SANCTIONS.

Examples of Moral Obligations (Not a juridical necessity):

1. to help a friend
2. to support a parent in old age
3. Your obligation to attend masses

Examples of Natural Obligations (Not a juridical necessity):

1. Utang na loob

Essential Requisites of Obligation

1. Active subject (obligee/creditor) – the one in whose favor the obligation is constituted
2. Passive subject (obligor/debtor) – the one who has the duty of giving, doing or not doing
3. Object – prestation; the conduct which has to be observed by the debtor/obligor
4. Vinculum Juris (juridical/legal tie) - binds or connects the parties to the obligation
5. Causa (causa debendi/causa obligationes) - why obligation exists

Example:
X is obliged to sell Y a laptop for ₱45,000.

Obligation 1 Obligation 2
Active Subject Y X
Passive Subject X Y
Prestation To deliver the laptop To pay ₱45,000
 Juridical Tie Contract Contract

Obligations, Right, Cause of Action (Wrong)

● Obligation - juridical necessity to give, to do, or not to do/

● Right - power which a person has under the law, to demand from another any prestation
● Cause of Action - act or omission which violates a right

Examples of Cause of action (wrong):

1. actual bodily harm or injury to a person (assault)
2. defamation
3. negligence
4. breach of contract

Injury, Damage, and Damages

(1) Injury - act or omission which causes harm

(2) Damage - the harm done to a party
(3) Damages - sum of money recoverable by reason of damage done

Example:

X is obliged to sell a laptop to Y for ₱45,000.

Obligations Rights
X To deliver the laptop Demand the collection
of ₱45,000
Y To pay ₱45,000 Demand the delivery of
laptop
If X delivered the laptop and Y does not pay X ₱45,000, X will have a right of action.

X - plaintiff
Y - defendant

(a) Cause of action - omission on part of Y (not paying)

(b) Damage - X incurred loss on the sale
(c) Damages - sum of money recoverable (P1,000+)

Form of obligations: Can be oral, or in writing, or partly oral and partly in writing.

Types of obligations according to prestation

(1) Real obligation - to give

(a) X binds himself to deliver a piano to Y
(2) Personal Obligation - to do or not to do

Types of Personal Obligation

(a) Positive personal - to do

a. X bound himself to fix Y’s car the following day.
(b) Negative personal - not to do
a. X and Y agreed not to build any structure on the boundaries of their properties.

Sources of Obligations
Article 1157. Obligations arise from:

(1) Law - when imposed by the law itself

Example:
a. Pay taxes (Tax Code)
b. Obligations of parents to the family (Family Code)

(2) Contracts - a meeting of minds between two parties whereby one binds himself, with respect to
the other, to give something or to render some service.
Example:
a. The obligation to repay a loan or indebtedness by virtue of an agreement.
b. To deliver a product or service in exchange of a payment.

(3) Quasi-contracts - is that juridical relation resulting from certain 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.
(a) 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.
Example: You received excessive change after buying from a store, it is your obligation to return
the excessive change
 (b) Negotiorum Gestio - the voluntary management of the property or affairs of another without
the knowledge or consent of the latter.
Example: Another person took care of your dog while you're away, it is your obligation to
reimburse him the necessary expenses he incurred

(4) Delicts - also known as crime or felony. When they arise from civil liability which is the
consequence of a criminal offense.
Example: the obligation of a thief to return the car stolen by him; the duty of a killer to indemnify
the heirs of his victim

(5) Quasi-delicts or torts - this is an act or omission by one party which causes damage to another
party wherein there is no pre-existing contract.
Example:
(a) Because of the organizers' negligence, audience were hurt during an event
(b) Because you are not careful while running in a busy sidewalk, you bumped into a child and
the child suffered injuries
– In both cases the tortfeasors (organizers, you) will answer for the medical expenses of the
audience (first case) and the child (second case)
(c) the obligation of the possessor of an animal to pay for the damage which it may have caused

Scope of Civil Liabilities

1. Restitution - 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
2. Reparation for the damage caused - 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
3. Indemnification for consequential damages - Indemnification for consequential damages
shall include not only those caused the injured party, but also those suffered by his family or
by a third person by reason of the crime

Example:
a. X stole the car of Y. If X is convicted, the court will order X: (1) to return the car (or to pay its
value if it was lost or destroyed); (2) to pay for any damage caused to the car; and (3) to pay such
other damages suffered by Y as a consequence of the crime

b. X stole the vehicle of Y. X was sighted by the authority and was engaged in a car chase. After a
while, X was apprehended by the authority but the vehicle he stole from Y got damaged.
Furthermore, Y should have presented the vehicle in a car show the same day X stole the said
vehicle. As a result, Y loss potential income from the car show.

Restitution - return the vehicle

Reparation - answer for the damage caused to the vehicle
Indemnification - since Gen's act resulted to Senku's loss, Gen will also answer for the said loss