GENERAL

PROVISIONS
ARTS. 1156-1162
Art. 1156 – An obligation is a juridical necessity to
give, to do, or not to do.

Juridical Necessity – can be enforced through courts

in case of non-compliance.

Real Obligation – to give.

Personal Obligation – to do or not to do.
Essential Requisites of an Obligation:
1. Parties:
Debtor/Obligor – (Passive Subject) he who has the
duty, bound to the fulfilment of the obligation
Creditor/Obligee – (Active Subject) he who has a right,
the person entitled to demand the fulfilment of the
obligation.
2. Prestation – the object of obligation
3. Juridical or Legal Tie – the sources of obligation
Art. 1157 – Obligations arise from:
1. Law
2. Contracts
3. Quasi – Contracts
4. Acts or omissions punishable by law
(crimes/delict)
5. Quasi-delicts (torts)
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 establishes them; and as to what has not
been foreseen, by the provisions of this Book.
Art. 1159. Obligations arising from contracts have the
force of law between the contracting parties and should
be complied with in good faith. 

Contract – is a meeting of minds between two persons

whereby one binds himself with respect to the other to
give something or to render some services. (Agreement,
stipulation)

1. Binding force of law only between the parties;

2. Compliance in good faith – means performance should
be in accordance with the terms of the contract.
Art. 1160. Obligations derived from quasi-contracts shall be
subject to the provisions of Chapter 1, Title XVII, of this
Book. 

Title XVII. - EXTRA-CONTRACTUAL OBLIGATIONS

CHAPTER 1 > QUASI-CONTRACTS
Art. 2142. Certain lawful, voluntary and unilateral acts give
rise to the juridical relation of quasi-contract to the end that
no one shall be unjustly enriched or benefited at the
expense of another. 
Kinds of Quasi-Contract:

1. Negotiorum Gestio – voluntary management of

the property or affairs of another without the
knowledge or consent of the latter.

2. Solutio Indebiti – payment or delivery through

mistake.
Art. 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.

Scope of Civil Liability arising from crimes:

1. Restitution
2. Reparation for the damage caused
3. Indemnification for consequential damages
Art. 1162. Obligations derived from quasi-delicts shall be
governed by the provisions of Chapter 2, Title XVII of this
Book, and by special laws.

Quasi-Delict/Tort – acts or omission by a person which cause

damage to another in his person, property or rights giving rise
to an obligation to pay for the damage done, there being fault
or negligence but there is no pre-existing contractual relation
between the parties. 
CRIME TORT
Criminal/malicious intent Negligence or fault only

Punishment Indemnification
Affects public interest Concerns private interest
Crime distinguished from Tort:
There are criminal and civil Only civil liability
liabilities
Cannot be compromised or Can be
settled by the parties themselves

Must be proven beyond Can be proven by preponderance

reasonable doubt of evidence only