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Article 1156 - An obligation is a juridical necessity to give, to do or not to do.

Meaning: This article succinctly defines what an obligation is under Philippine law. It
emphasizes that obligations create a legal duty for parties to either provide something, perform
an action, or refrain from doing something.

Article 1157 - Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or
omissions punished by law; and (5) Quasi-delicts.

Meaning: This article outlines the different sources from which obligations can arise under
Philippine law. These sources include laws, contracts, quasi-contracts (which are certain legal
relationships that resemble contracts but are not based on the mutual agreement of the
parties), acts or omissions that are punishable by law, and quasi-delicts (which are wrongful acts
or omissions causing harm to others, even in the absence of a contract).

Articled 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 establishes them; and as to what has not been foreseen, by the
provisions of this Book."

Meaning: This article emphasizes that obligations arising from law must be expressly
determined either in the Civil Code or in special laws to be enforceable. It also specifies that
such obligations will be governed by the provisions of the law that establishes them, and in
cases where there are no specific provisions, they will be regulated by the general principles
outlined in the Civil Code.

Article 1159 - "Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith."

Meaning: This article underscores the binding nature of contractual obligations between the
parties involved. It emphasizes the principle of pacta sunt servanda, which means that
agreements must be respected and fulfilled in good faith. In other words, parties to a contract
are legally obligated to fulfill their respective obligations as agreed upon in the contract.

Article 1160 - "Obligations derived from quasi-contracts shall be subject to the provisions of
Chapter 1, Title XVII of this Book."

Meaning: This article refers to obligations arising from quasi-contracts, which are certain legal
relationships that resemble contracts but are not based on the mutual agreement of the
parties. It indicates that the rules governing quasi-contracts are outlined in Chapter 1, Title XVII
of the Civil Code of the Philippines.

Article 1161 - "Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages."

Meaning: This article addresses civil obligations that arise from criminal offenses. It states that
these obligations are governed by penal laws, which are laws that define crimes and their
corresponding penalties. Additionally, it refers to Article 2177, as well as the pertinent
provisions of Chapter 2 of the Preliminary Title on Human Relations and Title XVIII of the Civil
Code, which regulate damages.

Article 1162 - "Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws."

Meaning: This article pertains to obligations arising from quasi-delicts, which are wrongful acts
or omissions causing harm to others, even in the absence of a contract. It specifies that the
rules governing obligations arising from quasi-delicts are outlined in Chapter 2, Title XVII of the
Civil Code of the Philippines, as well as in any relevant special laws.
Articles 1156 – 1162

Article 1156 - An obligation is a juridical necessity to give, to do or not to do.

Article 1157 - Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or
omissions punished by law; and (5) Quasi-delicts.

Articled 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 establishes them; and as to what has not been foreseen, by the
provisions of this Book."

Article 1159 - "Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith."

Article 1160 - "Obligations derived from quasi-contracts shall be subject to the provisions of
Chapter 1, Title XVII of this Book."

Article 1161 - "Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages."

Article 1162 - "Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws."

What is Obligation?

An obligation is a legal or moral duty that binds an individual or entity to either perform a
specific action, refrain from doing something, or give something to another party. It is a juridical
necessity, meaning it is enforceable by law. Obligations can arise from various sources, such as
contracts, laws, quasi-contracts, wrongful acts, and other legal relationships. The concept of
obligations forms the basis of civil law systems and governs many aspects of legal relationships
and transactions in society.

Obligation has four elements

a) ACTIVE SUBJECT is the person who has the right or power to demand the performance
or payment of the obligation. He is also called the oblige or the creditor.
b) PASSIVE SUBJECT is the person bound to perform or to pay. He is the one against whom
the obligation can be demanded. He is also called the obligor or the debtor.
c) PRESTATION is the object of the contract. It is the conduct required to be observed by
the debtor or the obligor. It may be an obligation to give, to do, or not to do.
d) VINCULUM JURIS is also known as the juridical or legal Tie. Other authors call it the
efficient cause. It is that which binds or connects the parties to the obligation. (De Leon)
In other words, it is the legal relation between the debtor and the creditor (or obligor
and oblige).

The sources of obligation, often discussed in legal and moral philosophy, refer to the various
factors or grounds that give rise to an individual's duty to act or refrain from acting in a certain
way. Here are some common sources of obligation:

a) Legal Obligation: Laws and regulations established by a legitimate authority, such as


governments or international bodies, create legal obligations. These obligations are
enforceable through sanctions or penalties.
b) Moral Obligation: Moral principles and ethical norms guide behavior and can create
obligations independent of legal requirements. These obligations are based on concepts
like fairness, justice, and the well-being of others.
c) Religious Obligation: Religious beliefs and doctrines often prescribe certain behaviors or
duties that adherents are obligated to follow. These obligations are derived from
religious texts, teachings, and traditions.
d) Contractual Obligation: Contracts, whether written or verbal, create obligations
between parties who voluntarily agree to certain terms and conditions. Breach of
contract can lead to legal consequences.
e) Social Obligation: Norms and expectations within a particular society or community can
generate obligations. These may include unwritten rules of conduct, customs, and
cultural traditions.
f) Professional Obligation: Individuals within certain professions, such as doctors, lawyers,
and accountants, have ethical obligations to act in the best interest of their clients or
patients and uphold professional standards.
g) Personal Obligation: Individuals may feel obligated to fulfill commitments or
responsibilities based on personal values, relationships, or promises made to others.
h) Humanitarian Obligation: Concern for the well-being of others, especially those who are
vulnerable or in need, can create obligations to provide assistance, support, or advocacy.

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