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    OBLICON REVIEWER Article 1157

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    Oh Seluring
    1. The document discusses the sources of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, crimes or unlawful acts, and quasi-delicts or torts. 2. It provides an illustrative case where a sheriff lawfully enforced an ejectment judgment against a property owner, requiring the removal of a house. The court held that the property owner was not entitled to indemnity for the destruction of his house because there was no proof of a contract or unlawful acts by the sheriff that would create an obligation to indemnify. 3. The sources of obligations are ultimately classified as those emanating from law and those emanating from private acts like contracts, with obligations from quasi

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    OBLICON REVIEWER Article 1157

    Uploaded by

    Oh Seluring
    4K views1 page
    1. The document discusses the sources of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, crimes or unlawful acts, and quasi-delicts or torts. 2. It provides an illustrative case where a sheriff lawfully enforced an ejectment judgment against a property owner, requiring the removal of a house. The court held that the property owner was not entitled to indemnity for the destruction of his house because there was no proof of a contract or unlawful acts by the sheriff that would create an obligation to indemnify. 3. The sources of obligations are ultimately classified as those emanating from law and those emanating from private acts like contracts, with obligations from quasi

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    1. The document discusses the sources of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, crimes or unlawful acts, and quasi-delicts or torts. 2. It provides an illustrative case where a sheriff lawfully enforced an ejectment judgment against a property owner, requiring the removal of a house. The court held that the property owner was not entitled to indemnity for the destruction of his house because there was no proof of a contract or unlawful acts by the sheriff that would create an obligation to indemnify. 3. The sources of obligations are ultimately classified as those emanating from law and those emanating from private acts like contracts, with obligations from quasi

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4K views1 page

    OBLICON REVIEWER Article 1157

    Uploaded by

    Oh Seluring
    1. The document discusses the sources of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, crimes or unlawful acts, and quasi-delicts or torts. 2. It provides an illustrative case where a sheriff lawfully enforced an ejectment judgment against a property owner, requiring the removal of a house. The court held that the property owner was not entitled to indemnity for the destruction of his house because there was no proof of a contract or unlawful acts by the sheriff that would create an obligation to indemnify. 3. The sources of obligations are ultimately classified as those emanating from law and those emanating from private acts like contracts, with obligations from quasi

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    OBLIGATIONS AND CONTRACTS

    ILLUSTATIVE CASE: Liability of sheriff lawfully


    CHAPTER 1 – GENERAL PROVISIONS enforcing a judgment in an ejectment suit.
    Facts: A judgment was rendered by a
    ARTICLE 1157 justice of the peace court (now municipal
    Obligations are from law, contracts, court) in favor of X who brought an ejectment
    quasi-contracts, acts or omissions punished suit against Y, the owner of the house built on
    by law, and quasi-delicts. the land of X. Z, the deputy sheriff who
    executed the judgment, was obliged to
    SOURCES OF OBLIGATIONS remove the house of Y from the land
    1. Law – imposed by the law. (to pay according to the usual procedure in the action
    taxes; support family) for ejectment.
    2. Contracts – stipulation of the parties. Issue: Is Y entitled to indemnity
    (repay loan by virtue of an arising from the destruction of his house?
    agreement) Held: No proof has been submitted
    3. Quasi-contracts – when they arise that a contract had been entered into
    from lawful, voluntary and unilateral between plaintiff (Y) and the defendants (X
    acts. (return the money paid by and Z) or that the latter had committed illegal
    mistake or which is not due) acts or omissions or incurred in any kind of
    4. Crimes or acts or omissions punished fault or negligence, from any of which an
    by law – arise from civil liability, obligation might have arisen on the part of X
    consequence of a criminal offense. and Z to indemnify Y. For this reason, the
    (obligation of a thief to return the car claim for indemnity, on account of acts
    stolen by him) performed by the sheriff, while enforcing a
    5. Quasi-delicts or torts – arise from judgment, cannot under any consideration be
    damage caused to another through an sustained.
    act no contractual relations exist
    between the parties. (obligation of
    the head of the family that lives in a
    building to answer for the damages
    caused by things thrown)

    SOURCES CLASSIFIED
    1. Emanating from law
    2. Emanating from private acts
     Licit acts (contracts and quasi-
    contracts)
     Illicit acts (punishable by law in
    the case of delicts or not
    punishable in the case of quasi-
    delicts)
    ** ACTUALLY: there are only 2 sources (laws
    & contracts) because obligations from quasi-
    contracts, crimes, and quasi-delicts are
    imposed by law.
    ** Source of obligation is a private act, law
    merely recognizes the existence of the
    obligation.

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