1. What is an obligation?
and debtor/obligor because it is a
As defined by Article 1156 of the Civil
Code of the Philippines, an obligation is
a juridical necessity to give, to do or not
to do.
2. Why is it called juridical necessity?
Obligation is called a juridical necessity
because in non-compliance, the courts
of justice may be called upon by the
aggrieved party to enforce its fulfillment
or in default thereof, the economic value
it represents.
3. The courts of law may be called upon…
what does that mean?
In simple English, it means the creditor
can sue the debtor.
4. What are the sources of obligation?
Note: All sources of obligations can lead to civil
Law; Contracts; Quasi-contracts; Delicts;
liabilities in case of non-compliance, but only
Quasi-delicts
delicts can lead to both civil and criminal
5. There is a law under the Philippine tax
liabilities
code that requires Filipino citizens to
pay income taxes. You are Filipino
citizens. Should you already pay the tax,
as required as such by the law?
Yes, it is because obligations derived
from law are not presumed.
6. Why are obligations arising from
contracts demandable?
It is stated on the Article 1159,
“Obligations rising from contracts have
the force of the law between the
contracting parties and should be
complied within good faith”.
7. Mickey obliges himself to deliver to
Minnie his book, and Minnie to pay the
price of P500. Who is the debtor? The
creditor? The obligor? The obligee? Of
what?
First, to deliver the book, the debtor is
Mickey and the creditor is Minnie.
Second, to pay P500, the debtor is
Minnie and the creditor is Mickey.
Hence, they are both the creditor/oblige
bilateral act.
8. What is a quasi-contract? Why is it
called quasi-contract?
According to Article 2124, quasi-
contracts are certain lawful, voluntary
and unilateral acts that give rise to the
juridical relation. It is called quasi-
contract because it is an “as if” contract
which means it is not properly a contract
at all.
9. What are delicts?
Delicts are acts or omissions punishable
by the law. Act – stealing and Omission-
failure to pay taxes when there is an
obligation to do so.
10. All sources of obligations can be found
under the Civil Law. As regards delicts,
it can also be found where?
The criminal law.
11. What are quasi-delicts? Why are they
called quasi-delicts?
As stated by Article 2176, quasi-delicts
are an act or omission by person which
causes damage to a property in which
there is no pre-existing contractual
relation between the parties. They are
called quasi-delicts because there only a
civil liability involved to it.
12. Is the tortfeasor still liable under the
law? Why?
Yes, a tortfeasor is still under the law
because the person still has a civil
liability to take responsibility for. No one
is above the law.
13. So, what basically separates a delict
from a quasi-delict?
Delict is the cause of intention and quasi-
delicts are the cause of negligence.