OBLIGATION AND CONTRACT – JURADO 5)Unilateral and Bilateral (1169-1191);

6)Individual and Collective (1207, 1223);

OBLIGATIONS 7)Accessory and Principal (1166, 1226).
Classification according to Sanchez Roman
ART. 1156. An obligation is a juridical necessity to give, to a) as to JURIDICAL QUALITY:
do or not to do.
1)Natural;
2)Civil;
Notes:
3)Mixed – no. 1 + no. 2
meaning of to do or not to do – called prestation
b) as to PARTIES:
Obligation may either be CIVIL or NATURAL
CIVIL ONATURAL O.has binding force in law; gives 1) Unilateral - only one paty is boundBilateral - both parties
obligee or creditor the rightt of enforcing it against obligor are mutually or reciprocally2) Individual – only one
or debtor in a court of justice (eto ung Art. 1156) one which obligorCollective - there are several obligors/joint or solidary
cannot be enforced by actionBased on POSITIVE
LAWBased on EQUITY and NATURAL LawEnforceable c) as to OBJECT:
in courts of justiceNo 1) Determinate (object is specific)GENERIC (object is
FOUR REQUISITES OF OBLIGATION: designated by its class or genus)2) SIMPLE (there is only
one undertaking)MULTIPLE (there are several undertakings

1)JURIDICAL or LEGAL TIE – binds parties to the Multiple – can be:

obligation
2)ACTIVE SUBJECT – the obligee / creditor, who a. Conjuctive – all undertakings are demandable at the same
time; or
demands the fulfillment of the obligation
3)PASSIVE SUBJECT – the obligor / debtor, against b. Distributive – only one out of several undertakings is
whom the obligation is juridically demandable demandable; can be:
4)PRESTATION – constitutes the object of the obligation
b1. Alternative – DR is allowed to choose one out of several
obligations; or
Note: a fifth requisite, the FORM is SOMETIMES added
but it is not ESSENTIAL. (sample: donations, chattel m) b2. Facultative – DR is allowed to substitute another
obligation for one which due and demandable

PRIMARY CLASSIFICATION OF OBLIGATIONS: 3) POSITIVE (obligation to give or to do)NEGATIVE

1)Pure and Connditional Art 1179-1192)
2)with a Period (Art. 1193-1198)
3)Alternative and Facultative (Arts. 1199-1206)
4)Joint and Solidary (Arts. 1207-1222)
5)Divisible and Indivisible (Art. 1223-1225)
6)with a Penal Clause (Art. 1226-1230)
(obligation not to do)4) REAL (obligation to
give)PERSONAL (obligation to do or not to do)5)
POSSIBLE (obligation is capable of fulfillment in nature and
in law) IMPOSSIBLE (not capable of fullfilment6)
DIVISIBLE – obligation is susceptible of partial performance
INDIVISIBLE – not susceptible of partial performance7)
PRINCIPAL – main underakingACCESSORY – merely an
undertaking to guarantee the fulfillment of the principal
obligation

d. as to PERFECTION and EXTINGUISHMENT

SECONDARY CLASSIFICATION: 3)1) PURE – obligation is not subject to any condition or
1)Legal, conventional and penal (Art. 1158-1162); term and is immediately demandable

2)Real and Personal (1163-1168);
3)Determinate and Generic (1163-1166);
4)Positive and Negative (1167-1168);
4)2) CONDITIONAL – subject to a condition which can
either be:
5)a) SUSPENSIVE – the happening or fulfillment of the
condition results in the birth of the obligation; or
6)b) RESOLUTORY – the happening extinguishes the -the gestor has the obligation to continue such agency or
obligation management until the termination of the affair and its
incidents (pangalagaan mo kahit hindi sayo, wag mong
7)WITH A TERM OR PERIOD (A PLAZA) – obligation is
pabayaan ok?)
subject to a term or period; same sa condition
*solutio indebiti – juridical relation which arises whenever a
ARTICLE 1157: OBLIGATIONS ARISES FROM:
person unduly delivers a thing through mistake to another
1)LAW who has no right to demand it
2)CONTRACTS; - obligation of the person to return the property or money
delivered or paid (ibalik mo ang hindi sa yo! Pakealamera!)
3)QUASI-CONTRACTS;
Read: Perez vs Palomar 2 phil 682 (re: presumptive consent)
4)ACTS OR OMISSIONS PUNISHED BY LAW; AND
5)QUASI DELICTS
ART. 1161 – OBLIGATIONS ARISING FROM
CRIMINAL OFFENSES
Note: -governed by penal laws subject to provisions of Art. 2177
above are the SOURCES OF OBLIGATIONS N: Every person liable for a felony is also civilly liable.
-with additioanl source : LAW* Crime has dual aspect – criminal aspect and civil aspect
(karamia!). It is evident that the basis of civil liability is the
criminal liablity itself (Hirap maging kriminal!)
ART. 1158 – OBLIGATIONS ARISING FROM LAW Offenses that has no civil liability :
-it cannot be presumed. Only those expressly determined -crimes of treason
in this Code or in special laws are demandable
-rebellion
N: in the birth of an obligation, there is always a
concurrence between the law which establishes or -illegal possession of firearm
recognizes it and an act or condition upon which the -gambling
obligation is based or predicated
Re: Enforcement of Civil Liability (segway sa Crim Pro)
Rules to be Observed in the Enforcement or Prosecution of
ART, 1159 – OBLIGATIONS ARISING FROM Civil Liability arising from Criminal Offense:
CONTRACTS
1)Institution of Criminal and Civil Liability – When CR
action is instituted, civil liability is impliedly instituted with
-it has the force of law between the contracting parties; the criminal action; unless the offended party:
-should be complied in good faith 2)a) expressly waives the CV action;
3)b) he reserves his right to institute it separately; or
N: re:contracts, consensual contract see latter part 4)c) he institutes the CV action prior to the CR action.
Compliance in good faith means that the performance is in 5)Independent Civil Action (letter b?)
accordance wtht the stipulations, clauses, terms and 6)-can be filed separately and distinct from the CR action
conditions in the contracts. It is observed to prevent one during the pendency of CR case, provided that the right is
party from takng unfair advantage over the other party. reserved; requires only preponderance of evidence

ART, 1160- OBLIGATIONS ARISING FROM QUASI

CONTRACTS
N: Quasi-contracts -juridical relations arising from lawful,
voluntary and unilateral acts, by virtue of which the parties 1)Other Civil Actions arising from offense
become bound to each other, based on the principle that no
one shall be unjustly enriched at the expense of another. 2)a) arising from same offense – may be instituted
separately; CR first, CV waiting until final judgment of CR;
*negotiorum gestio – juridical relation which arises
whenever a person voluntarily takes charge of the agency or 3)b) CV first filed-
management of the business or property of another without 4)b1) CV suspended and wait until final judgment in CR
any power or authority from the latter (letter a ito) or
5)Note: during the pendency of CR, the period of negligence nor intent to cause damage or injury or in case of
prescription of CV which cannot be instituted or whose actionable nuisance
proceeding has been suspended shall not run
-the marriage of a minor child does not relieve the parents of
6)b2) if no final judgment, for consolidation their liability (Eleano v Hill )
7)c) Extinction (?) of the CR does not carry with it the
extinction of CV, unless the extinction proceeds from a
final judgment that the fact from which the civil might
arise did no exist
8)Judgment in CV is not a bar to a CR action.
9)Suspension by reason of Prejudicial Question –
suspension of CR based upon the pendency of a PQ in CV
may be filed in OP
10)Elements of PQ:
11)a) previously instituted CV which involves an issue
similar or related on the issue raised in the subsequent
(later filed, una CV) CR; and
12)b) the resolution of such issue determines whether or
not CR action may proceed. (Sec 7, RRCR)
13)(I skipped dami sinabi s CR, effect of acquittal)

ART. 1162 – OBLIGATIONS ARISING FROM QUASI

DELICTS
-chap 2 and SPL laws
notes:
QUASI-DELICT – tort, obligations which do not arise
from law, contracts, quasi-contracts or criminal offenses, it
when there is a fault or negligence of a person, who, by his
act or omission, connected or unconnected with, but
independent from any contractual relation, causes damage
to another person (walang kayo, pero nasaktan ka, may
damage, may kapalit pdin, atlit)
Requisites:
1)The fault or negligence of the defendant;
2)The damage is suffered or incurred by the plaintiff;
3)The relation of cause and effect between the fault and the
damage.
QUASI DELICT v. CRIMEQ.DCAffects private concerns
onlyAffects the public interestMerely impairs the damage
incurred, reparationPunishes or corrects the CR actsThere
is only CV liabilityThere are 2: CV and CR
liabilitiesIncludes all acts in which any kind of fault or
negligence intervenesIt only punishes if ther is alaw clearly
covering such act, unlike in q.d which is broad

Q.D covers:
1)negligent acts or omissions not punishable as criminal
offenses;
2)intentional q.d or torts;
3)the so-called strict liability torts – where there is no