LAW ON OBLIGATIONS

grant a right of action to enforce their

DEFINITIONS AND REQUISITES
Juridical Necessity – in case of non-
compliance, the court may be called upon
by the aggrieve party to enforce the
fulfillment of the obligation.
Pwede kang pumunta sa court, in case
merong non-fulfillment.
performance. Meaning you are not
allowed to file an action in court to enforce
fulfillment but because of the
voluntariness in fulfillment it may still be
enforce. So parang kusa nalang. Hindi na
base sa source ng obligation pero
voluntary fulfillment siya.
SOURCES AND CONCEPTS

Hindi lahat ng “obligasyon“, we can

considered as an obligation under our civil
code. When we speak of obligation, dapat
it’s on juridical necessity.

Law (obligations ex lege)

Obligations derived from law are not

presumed. (Art. 1158)

Kailangan explicitly provided ng batas kung

Active / Creditor / Obligee / May rights –
merong obligation.
Passive / Debtor / Obligor / May obligation
Example: Obligation to pay taxes
– may ipapasa

Juridical / Legal tie – sources of obligation

Fact, prestation, or service – to give, to do,
or not to do. Ano ba yung object ng
obligation or ano yung need gawin.
Civil Obligation – Art. 1156
Natural Obligation – not based on law but
based on equity natural law. It does not
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Contracts (obligations ex contractu)
Obligations arising from contracts have the
force of law between the contracting
parties and should be complied with in
good faith. (Art. 1159)
A contract is a meeting of minds between
two parties whereby one binds himself,
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with respect to the other to give
something or to render some service. (Art.
1305)
Remember, under ObliCon, sa contract
dapat may 3 Elements (Consent, Object,
Cost)
Quasi-contracts (obligations ex quasi-
contractu)
The juridical relation resulting from 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.
Example:
a. NEGOTIORUM GESTIO– Whoever
voluntarily takes charge of the agency or
management of the business or property
of another, without any power from the
latter, is obliged to continue the same until
the termination of the affair and
its incidents, or to require the person
concerned to substitute him, if the owner
is in a position to do so. This juridical
relation does not arise in either of these
instances:
1. When the property or business is not
neglected or abandoned;
2. If in fact the manager has been tacitly
authorized by the owner. (Art. 2144)
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Unilateral management of a property or
business while the owner is away. The
owner is bound to reimburse any expenses
that was incurred by that person for the
preservation and management of his/her
property/business.
ILLUSTRATION: For his mental health, X left
his fishpond and went to Europe for a 14-
day vacation. Y seeing the fishes ready for
harvest, harvested the same, and sold
them to Z. Y borrowed from B Bank to
prepare the fishpond for the next batch. Is
there negotorium gestio between X and Y?
ILLUSTRATION: In fear of reprisals, X left his
fishpond and went to Europe without any
intention of returning. Y seeing the fishes
ready for harvest, harvested the same, and
sold them to Z. Y borrowed from B Bank to
prepare the fishpond for the next batch. Is
there negotiorum gestio between X and Y?
and if yes, what will be the consequences
of the same?
b. 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.
Requisites:
1. There is no right to receive the thing
delivered
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2. The thing was delivered through mistake
May nareceive ka by mistake so you have
an obligation to return it.
Other example of Quasi-Contracts: When
funeral expenses are borne by a third
person, without the knowledge of those
relatives who were obliged to give support
to the deceased, said relatives shall
reimburse the third person, should the
latter claim reimbursement. (Art. 2165)
Delicts (obligations ex maleficio or ex
dlicto)
Delict is an act or omission punishable by
law which may be governed by the Revised
Penal Code, other penal laws, or the Title
on Human Relations under the Civil Code.
Aside from Art. 1157 of Civil Code, this is
based on Art. 100 of the Reviesed Penal
Code.
Art. 100. Civil liability of a person guilty of
felony. — Every person criminally liable for
a felony is also civilly liable.
Kapag ikaw ay convicted for a crime,
automatic na meron ka ding civil liability
Note, also, that under the Rules of Court,
whenever a criminal action is instituted,
the civil action for the civil liability is
impliedly instituted therewith.
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Proof necessary:
a. Criminal liability – proof beyond
reasonable doubt
b. Civil liability – preponderance of
evidence
Quasi-delicts (Obligations ex quasi-delicto
or ex quasi-maleficio)
Art. 2176. Whoever by act or omission
causes damage to another, there being
fault or negligence, is obliged to pay for
the damage done. Such fault or negligence,
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.
Requisites:
a. There must be an act or omission;
b. There must be fault or negligence;
c. There must be damage caused;
d. There must be a direct relation of cause
and effect between the act or omission
and the damage;
NATURE AND EFFECTS OF OBLIGATIONS
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 Determinate – particularly designated or
physically segregated from all others of the
same class.

Kaya mong madetermine/pinpoint

It’s unique or identifiable

Generic – it’s not particularly segregated

Obligation to Give
Hindi specifically described but it’s part of
There is a thing/object that you are bound a class
to deliver/give.
Accessions: (PIA) Everything that is
Produce, Incorporated, or Attach
Degree of Care: Accessories: those that are joined/
included with the principal thing for its
As a debtor/obligor, if you are obliged to
enjoyment or perfection or for its use
give something to another, bago mo
ideliver, you are required by law to Rescission: means cancellation
observe “diligence of a good father of a
family”, hindi naman need na ma foresee
mo lahat ng harm sa iyong property or sa
idedeliver mo. It’s enough that you take
precautions against any harm when there
is something before you that will suggest
any danger.

Reasonable Diligence

Fruits of the things: Obligation to Do

Delivery transfers ownership May need kang i-perform na service

Bakit wala sa remedy ni creditor na pilitin

siya to enforce the fulfillment of the
obligation? Because our constitution
prohibits involuntary serviture.

Kung ayaw, edi don’t. That’s why ang

remedy nalang is ipa-excute sa kaniyang
yung cost. Pwedeng ibang tao, then
babayaran yung cost + damages.

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In contravention of the tenor of the
obligation
Example:
Black pinapa-paint mo pero pink
ang ipinaint. Ang remedy, pwede ipaayos
sa kanya uli at his cost + damages.
- fraud of serious character that
was employed to secure the consent or to
encourage the other to perfect the
obligation
> Dolo Incidente
- it was employed in obtaining
consent however, it is not serious in
character

2. In the fulfillment of the obligation

Note:

Responsibility arising from fraud is

Obligation Not to Do demandable in all obligations

Pino-prohibit ka na gawin ang isang bagay Any waiver of an action for future fraud is
pero ginawa mo pa rin. void.

Damages:
Negligence (culpa)

DAMAGES

“in the performance”

FNDC = Damages
Culpa aquiliana, also known as quasi-delict
Fraud (dolo)

2 kinds
Delay (mora)
1. In obtaining consent – dolo causante or
Non-fulfillment of an obligation on time
dolo incidente
“NO DEMAND NO DELAY”
> Dolo Causante

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Kahit fortuitous event pa ang cause ng loss,
as long as you are in delay you will still be
liable

Proper term is “RESOLUTION”

Rescind – refers to cancellation

Batas na mismo ang nagsasabi na kapag

may non-fulfillment of an obligation in case
of reciprocal ones, either of the parties can
rescind in case of breach.

Presumption on Receipt of Interest or of

Later Installment

Payment of a monetary obligation

If may utang ka kapag may interest sa isang

obligation, then nag-issue si creditor ng
receipt for principal without stating
anything about the interest merong
Commonly known as “acts of God” presumption na bayad na yung interest

Dapat lahat ng element present bago Kapag may receipt for later installment, in
masabi na exempted ka from liability case installment ang bayad sa monetary
because of fortuitous event obligation meron ding presumption that
the previous installment has been paid.

Note: Other party can still present

Art. 1191 evidence to contradict this presumption.

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Remedies of a creditor to enforce payment > Hangga’t may remedy ka pa,
of his claims against the debtor hindi mo pwede iavail yung accion
pauliana.
Paano if hindi ka nabayaran?

Transmissibility of Rights
Exact Performance

You can enforce fulfillment of the payment

of the obligation

Exhaust assets in possession of the debtor,

except those exempt by law

Pwede mong iclaim na yung assets nalang

ibenta in order for it to serve as payment
for your monetary claim.
Accion subgrogatoria
from the word “subrogation”
you as the creditor, you can exercise all
rights and actions of the debtor excepts
those that are personal to him.
Example: May pautang si parent (creditor),
kapag namatay siya pwede ipamana sa
mga anak.
If parent ang debtor, pwede mamana ng
anak pero it’s limited to the amount that
they receive from their parent.

Accion pauliana

Impugning of the acts which the debtor

may have done to defraud the creditors KINDS OF OBLIGATIONS

Example: Since ayaw niyang

bayaran yung creditor, pinabebenta niya
lahat ng properties. You as the debtor,
you can file an action to impugn the
validity of those deeds of sales

Note:

> before you can file an accion

pauliana you must have exhausted all
the remedy

> This remedy is subsidiary

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