OBLIGATIONS GENERAL PROVISIONS

TITLE I

Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n)

Concept of Obligation
Juridical necessity to comply with a

prestation (Sanchez Roman)

A legal relation established between one

person and another whereby the latter is bound to the fulfillment of a prestation which the former may demand of him (Manresa)

Prestation
The cause of a contract or the

promise of the thing or service of the other

Example
If A sells an automobile to B for P100,000: the cause of the contract (the prestation)

as to A is the promise of B to pay him P100,000 As to B, the prestation is the promise of A to deliver the automobile.

Example
A promised to construct a building for B for

P1.5 Million as a result of an agreement between them. Before the construction: A = passive subject B = active subject Construction of the building = object or prestation Agreement = juridical tie/the efficient cause

Obligations
Civil Obligation one which has a binding

force in law, and which gives to the obligee or creditor the right of enforcing it against the obligor or debtor in a court of justice Natural Obligation one which cannot be enforced by action, but which is binding on the party who makes it in conscience and according to natural law

Requisites of Obligation
1. Juridical or legal tie -- which binds the parties to the obligation,

and which arise from either bilateral or unilateral acts of person 2. An active subject -- obligee or creditor; who can demand the fulfillment of the obligation

Requisites
3. Passive subject -- obligor or debtor; against whom the

obligation is juridically demandable 4. the fact, prestation or service which constitutes the object of the obligation
Form as a fifth requisite--- applicable in

certain contracts

Classification of obligations
Pure and conditional With a period Alternative and facultative Joint and solidary Divisible and indivisible With a penal clause

Classification (Sanchez Roman)

1. a. b. c.

As to juridical quality Natural natural law Civil positive law Mixed

2. As to parties a. Unilateral & Bilateral b. Individual and Collective

 3. As to object: a. Determinate and generic b. Simple and multiple c. Positive and negative d. Real and personal e. Possible and impossible f. Divisible and indivisible

g. Principal and accessory

 4. As to perfection and extinguishment a. Pure b. Conditional c. With a term or period

Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a)

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.

(1090)

 E.g. Obligation of the spouse to support

each other ( Family Code); Obligations of the employers under the Labor Code

Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a)

Contract
Meeting of the mind between two persons

whereby one binds himself with respect to the other, to give something or to render some service
Consensual vs real contract

Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n)

Quasi-Contracts
Those juridical relations arising from lawful,

voluntary and unilateral acts, based on the principle that no one shall be unjustly enriched or benefited at the expense of another E.g. negotiorum gestio and solutio indebiti

Negotiorium Gestio
Juridical relation which arises whenever a

person voluntarily takes charge of the agency or management of the business or property of another without any power or authority from the latter

 Example: X went to the USA with his family without

leaving to look for his house in Tacloban. While in the US, a big fire broke out near the house of X. Through the effort of Y, a neighbor, the house of X was saved from being burned. Y , however, incurred expenses in the process of saving the house.

Solutio Indebiti
Juridical relation whenever a person unduly

delivers a thing through mistake to another who has no right to demand it.

Requisites
. There is no right to receive the thing

delivered The thing was delivered through mistake

 Example: D owes C P100,000. D paid T believing that T

was authorized to receive payment for C.

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. (1092a)

Rules:
Every person liable for a felony is also

civilly liable (Art. 100, Revised Penal code) Every crime has dual aspect: criminal and civil

Scope of Civil Liability

Restitution Reparation of damage caused Indemnification for consequential

damages

Enforcement of Civil Liability

When a criminal action is instituted, the civil

action for recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately or institutes the civil action prior to the criminal action

Independent Civil action

In cases provided in Articles 31, 32, 33, 34 and

2177, an independent civil action entirely separate and distinct from the criminal action may be brought by the injured party during the pendency of the criminal case; requires only preponderance of evidence

Acquittal

Not proved beyond reasonable doubt

File civil action; preponderance of evidence needed

Did not commit the offense charged

No civil action

Exceptions : 1. Civil action is based on obligation not arising from act or omission complained of ( culpa contractual or culpa aquiliana) 2. Law (Arts 31, 32,33,34, & 2177)

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. (1093a)

Quasi-delicts
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; equivalent to tort (Art 2176, NCC)

Persons liable
1. The father and in case of his death or

incapacity, the mother, with respect to damages caused by minors or incapacitated persons who are under their authority and who live in their company.
2. Guardians with respect to their wards

 3. Owners and managers of establishment

or enterprise, with respect to damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions
4. Employers with respect to damages

caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry

 5. The State, when it acts through a special

agent; but not when the damage has been caused by the official to whom the task done properly pertains
6. Teachers or heads of establishments of

arts and trades, with respect to damages caused by their pupils and students or apprentices, so long as they remain in their custody

 Defense available: If they can prove that

they have observed all the diligence of a good father of a family to prevent damage.

Requisites for liability

1. The fault or negligence of the

defendant; 2. the damage suffered or incurred by the plaintiff 3. the relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff

Quasi-delicts versus Crimes

Crimes affect public interest; quasi delicts

are only of private concern Penal code punishes or corrects the criminal act; Civil code merely repairs the damages incurred through indemnification Crimes are not as broad as quasi-delicts; the latter include all acts in which any kind of fault or negligence intervenes

 In crime, there are generally two liabilities;

in quasi-delict, there is only civil liability

Criminal liability cannot be compromised;

civil liability can be compromised

In crime, the guilt of the accused is to be

proved beyond reasonable doubt; in quasidelict, it needs to be proved only by preponderance of evidence

END