CHAPTER 1 d) JURIDICAL TIE/ VINCULUM/

VINCULUM JURIS – the efficient cause

GENERAL PROVISIONS which binds the parties to the obligation;
Article 1156. An obligation is a juridical source of the obligation.
necessity to give, to do, or not to do. KINDS OF OBLIGATION
JURIDICAL NECESSITY – In case of A. From the viewpoint of “sanction”
non-compliance, the courts of justice may be
called upon to enforce its fulfillment or in (a) CIVIL OBLIGATION – gives to the
default thereof, the economic value that it
creditor or obligee a right of action in courts
represents.
-The debtor must of justice to enforce their performance.
comply whether he likes it or not.
(b) NATURAL OBLIGATION – cannot be
ESSENTIAL REQUISITES OF AN enforced in court but which authorizes the
OBLIGATION retention of the voluntary payment or
performance made by the debtor; based on
a) PASSIVE SUBJECT – (Debtor / equity and natural law.
Obligor) the person bound to fulfill the
obligation or duty; (c) MORAL OBLIGATION – the sanction
is conscience or morality, or the law of the
b) ACTIVE SUBJECT – (Creditor / church. (Note: If a Catholic promises to hear
Obligee) the person who is demanding the mass for 10 consecutive Sundays in order to
performance of the obligation; he who has a receive P1,000, this obligation becomes a
right. civil one.)

c) PRESTATION – (to give, to do, or not to B. From the viewpoint of subject matter
do) object; subject matter of the obligation;
conduct required to be observed by the (a) REAL OBLIGATION – the obligation
debtor; to give

1. TO GIVE – delivery of a thing to (b) PERSONAL OBLIGATION – the

the creditor (in sale, deposit, pledge, obligation to do or not to do
donation); 1. POSITIVE PERSONAL
2. TO DO – covers all kinds of works OBLIGATION -to do or to render
or services (contract for professional services.
services); 2. NEGATIVE PERSONAL
3. NOT TO DO – consists of OBLIGATION –the obligation not
refraining from doing some acts (in following to do (which naturally includes not to
rules and regulations). give)

C. From the viewpoint of persons obliged -

“sanction”
(a) UNILATERAL – where only one of the
parties is bound (e.g. Mae owes Joy P1,000.
Therefore, May must pay Joy.) TERMS

(b) BILATERAL – where both parties are OBLIGATION - juridical necessity to

bound (e.g. In a contract of sale, the buyer is give, to do, or not to do
obliged to deliver) - may be:

(b.1) reciprocal
RIGHT power which a person
(b.2) non-reciprocal – where has under the law, to
performance by one is non-dependent demand from another
upon performance by the other. prestation

Illustration:

UNILATERAL OBLIGATION CAUSE OF act/omission which

Mark is obliged to pay his income taxes. ACTION violates a right
PASSIVE SUBJECT – Mark
ACTIVE SUBJECT – Philippine INJURY act or omission which
Government causes harm
PRESTATION – to give money (pay
income tax) DAMAGE the loss or harm results
JURIDICAL TIE – Law (what binds both from injury
parties, Phyll and the PH government) (e.g.
Tax Code) DAMAGES sum of money
recoverable by reason
BILATERAL OBLIGATION of damage done
Ralph ordered one sack of rice to Carlo for
P1,900.

Obligation Obligation
1 2 OBLIGATION VS. RIGHT

PASSIVE Carlo Ralph

Obligations Rights
SUBJECT
Carlo Deliver 1 sack of Demand collection
ACTIVE Ralph Carlo
rice of P1,900
SUBJECT
Ralph Pay P1,900 Demand delivery of
PRESTATION Deliver 1 Pay P1,900
1 sack of rice
sack of rice

JURIDICAL Contract If Carlo delivered 1 sack of rice to Ralph but does

TIE not pay, Carlo will have a right of action –
commencement of suing.
RIGHT OF ACTION VS. CAUSE OF (3) QUASI-CONTRACTS (Obligation ex
ACTION quasi-contractu) – arise from lawful,
voluntary and unilateral acts and which are
RIGHT OF ACTION – attributable to the enforceable to the end that no one shall be
plaintiff unjustly enriched or benefited at the expense
CAUSE OF ACTION – cause of right of of another.
action a. Negotiorum gestio - unauthorized
management; This takes place when a
person voluntarily takes charge of
Illustration: another’s abandoned business or
property without the owner’s
Carlo – plaintiff authority.
Ralph – defendant b. Solutio indebiti - undue payment;
this takes place when something is
Cause of action – omission on part of Ralph received when there is no right to
(not paying) demand it, and it was unduly
Damage – Carlo incurred loss on the sale delivered thru mistake
(loss incurred by plaintiff)
Damages – sum of money recoverable by the
plaintiff from defendant (P (4) DELICTS (Obligation ex maleficio or
1,900+) ex delicto) – arise from civil liability which
is the consequence of a criminal offense
Article 1157. Obligation arises from – (1)  Also known as crime or felony
law; (2) contracts; (3) quasi-contracts; (4)  Delicts produce both criminal and
acts or omissions punished by law; (5) civil liabilities
quasi-delicts.
Criminal liability – imprisonment (penal
(1) LAW (Obligation ex lege) – imposed by code)
law itself; must be expressly or impliedly set Civil liability – payment/reparations (civil
forth and cannot be presumed. code)

Example:
(5) QUASI-DELICTS / TORTS
1. Pay taxes (Tax code) (Obligation ex quasi-delicto or ex quasi-
2. Obligations of parents to the family maleficio) – arise from damage caused to
(Family code) another through an act or omission, there
being no fault or negligence, but no
contractual relation exists between the parties

(2) CONTRACTS (Obligation ex  Tort or culpa

contractu) – a meeting of minds between two  “negligence”
person whereby one binds himself, with
respect to the other, to give something or to SCOPE OF CIVIL LIABILITIES
render some service. 1. Restitution
 Restitution of the thing itself must be
made whenever possible, with
 allowance for any deterioration, or Example:
diminution of value as determined by  An employer has NO obligation to
the court furnish free legal assistance to his
2. Reparation – for the damage caused. The employees.
court shall determine the amount of  A private school has NO legal obligation
damage, taking into consideration the to provide clothing allowance to its
price of the thing, whenever possible and teachers.
it special sentimental value to the injured
party, and the reparation shall be made
accordingly. Article 1159. Obligations arising from
(not possible if item is totally damaged) contracts have the force of law between the
3. Indemnification – for consequential contracting parties and should be
damages. It shall include not only those complied with in good faith.
caused the injured party, but also those
suffered by his family or by a third person CONTRACTUAL OBLIGATIONS-
by reason of crime. Obligations arising from contracts or
voluntary agreements.
Illustration CONTRACT – meeting of minds between
two persons whereby one binds himself, with
Ard stole the vehicle of Jun. He was sighted respect to the other, to give, to do something
by the authority and was engaged in a car
chase. After a while, Ard was apprehended or to render some service.
by the authority but the vehicle she stole got
VALID CONTRACT – it should not be
damaged. Furthermore, Jun should have
presented the vehicle in a car show the against the law, contrary to morals, good
same day Ard stole the said vehicle. As a customs, public order, and public policy.
result, Jun lost potential income from the car
show.  In the eyes of law, a void contract does not
exist and no obligation will arise from it.
 Restitution – return the vehicle
 Reparation – answer for the damage OBLIGATIONS ARISING FROM
caused to the vehicle CONTRACTS – primarily governed by the
 Indemnification – since Ard’s act resulted stipulations, clauses, terms and conditions of
to Jun’s loss therefore, Ard will also their agreements.
answer for the said loss.
COMPLIANCE IN GOOD FAITH –
Article 1158. Obligations derived from law compliance or performance in accordance
are not presumed. Only those expressly with the stipulations or terms of the contract
determined in this Code or in special laws or agreement.
are demandable, and shall be regulated by
the precepts of the law which establishes LIABILITY FOR BREACH OF
them; and as to what has not been foreseen, CONTRACT- although the contract
by the provisions of this Book.
imposes no penalty for its violation, a party
cannot breach it with impunity.
PRESERVATION OF INTEREST OF by the latter for the performance of his
PROMISEE- a breach upon a contract function as gestor.
confers upon the injured party a valid cause
for recovering that which may have been lost Juridical relation does not arise in:
or suffered. a. When the property or business is not
neglected or abandoned. (Art 2144)
FALSIFICATION OF A VALID
CONTRACT – only the unauthorized b. If, in fact, the manager has been
insertions will be disregarded; the original tacitly authorized by the owner, in
terms and stipulations should be considered which case the rules on agency shall
valid and subsisting for the partied to fulfill. govern. (Art 2144)

Illustration:
Illustration:

Bee and Dee (engineer) had a written Kate’s family goes to province to visit their
farm; they didn’t expect that they can’t go
agreement in building a house. Bee paid in
home in that same day. John, her cousin,
advance the half of the payment to Dee and found out that they haven’t arrived home yet
agrees that the balance would be after the so he took care of Kate’s dog even without
contract. Thus, Bee must perform his any permission or request from her since
obligation to pay according to the tenor of there’s no network in the province. Thus, it is
their agreement which has the force of law then Kate’s obligation to reimburse him the
between them. necessary expenses he incurred.

Article 1160. Obligations derived from

(2) SOLUTIO INDEBITI – something is
quasi-contracts shall be subject to the
received when there is no right to demand it
provisions of chapter 1, title XVII of this
and it was unduly delivered through mistake;
book.
obligation to return the thing arises on the
QUASI-CONTRACT – juridical relation part of the recipient.
resulting from lawful, voluntary and
Illustration
unilateral acts by virtue of which, both parties
become bound to each other, to the end that Jovy bought school supplies at Mr. DIY and
no one will be unjustly enriched or benefited lend her P1,000 bill as payment. She
at the expense of the other. immediately went outside the store after
paying to avoid having contact with other
KINDS OF QUASI-CONTRACTS customers. She then recheck her money and
found out that the change given by the cashier
(1) NEGOTIORUM GESTIO – juridical was greater than the exact amount, P650
relation which takes place when somebody instead of P560. By that, Jovy have the duty
voluntarily manages the property affairs of to return the extra P90)
another without the knowledge or consent of
the latter; owner shall reimburse the gestor Article 1161. Civil obligations arising from
for necessary and useful expenses incurred criminal offenses shall be governed by the
Penal Laws, subject to the provisions of to an obligation to pay for the damage
article 2177, and of the pertinent done.
provisions of Chapter 2, Preliminary Title,
on Human Relations, and of Title XVIII of Requisites of Quasi-delict
this book, regulating damages. (1) There must be an act or omission
(2) There must be fault or negligence
Civil Liability arising from crimes or
(3) There must be damage caused
delicts
(4) There must be a direct relation or
 Every person criminally liable for an connection of cause and effect
act or omission is also civilly liable between the act or omission and the
for damages. (Art.100, Revised Penal damage
Code) (5) There is no pre-existing contractual
 But if there’s no material damage, relation between the parties
there is no civil liability enforced. But Illustration:
a person not criminally responsible
may still be liable civilly. While playing softball with his friends, A
broke the window glass of B, his
Scope of Civil Liability
neighbor. The accident would not have
(1) Restitution happened had they played a little farther
(2) Reparation for the damage caused from the house of B.
(3) Indemnification for consequential
damages. (Art.104, Revised Penal In this case, A is under obligation to pay
Code.). the damage caused to B by his act
although there is no pre-existing
Illustration: contractual relation between them
X stole the car of Y. If X is convicted, the because he is guilty of fault or
court will order X: (1) to return the car or negligence.
to pay its value if it was lost or destroyed;
(2) to pay for any damage caused to the
Submitted by:
car; (3) to pay such other damages
suffered by Y as a consequence of the Ayeza Marie C. Alacapa
crime.
Sheerah Galupo
Article 1162. Obligations derived from
quasi-delicts shall be governed by the Nizreen Macalawi
provisions of Chapter 2, Title XVII of
Giah Doreen B. Mesiona
this Book, and by Special Laws.
Nicole S. Pableo
Quasi-delict is an act or omission by a
person which cause damage to another in
his person, property, or rights giving rise