ART 1156. AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO, OR NOT TO DO.

1. Legally required to perform something (to give, to do or not to do)

2. Legal need to perform something (Civil Obligation)
3. This definition only stresses the passive aspect or element of an obligation
4. Incomplete because there is also an active aspect or element which is the right to demand
the performance of the obligation to give, to do or not to do.
* It is tie or bond recognize by law by virtue w/c one is found in favor of another to render
something.

Elements/essential requisites
1. Active (Creditor / Obligee)
2. Passive (Debtor / Obligor)
3. Object or Prestation (Subject matter of the obligation)
4. Efficient Cause (Vinculum or Juridical Tie) - this refers the sources of obligation / binds the
parties of the obligation.

3 ACCESSORY OBLIGATIONS TO DELIVER A DETERMINATE THING

1. The obligation to preserve the thing with due care (1163)
- Obliged to take care of it with the proper diligence of a good father of a family (legal
standard or model of diligence), unless the law or the stipulation of the parties requires
another standard of care.
2. Obligation to deliver the fruits (1164)
3. Obligation to deliver the accessions and accessories (1166)

Definition of a Civil Obligation

An obligation is a judicial relation whereby a person (called the creditor) may demand from
another (called the debtor) the observance of a determinate conduct and, in case of breach,
may obtain satisfaction from the assets of the latter. - Arias Ramos

ART 1157. SOURCES OF OBLIGATIONS

1. LAW – no. 1 source of obligation
2. CONTRACTS – 2 types: payment by mistakes; takes place when a person w/o a consent
of the owner assumes the management.
3. QUASI-CONTRACTS – juridical relations arising from lawful, voluntary and unilateral acts, by
virtue of which the parties become bound to each other, based on the principle that no one shall be
unjustly enriched or benefited at the expense of another
a. Negotiorum gestio – a person is voluntarily takes carge of the
agency/management of business/property of another w/o any power or
authority from the latter.
b. Solution indebiti – person is unduly delivers a thing through. Mistake who has no
right to demand.
1. ACTS OR OMISSION –
 2. QUASI – DELICTS –

Article 1158 - in order to compel performance by virtue of laws, the one demanding must cite
the law / not presumed

1. Obligations of the spouses to support each other (Pelayo vs. Lauron)

2. Contract is a meeting of minds between two persons whereby one binds himself, with
respect to one another, to give something as to render some service. Once there is a contract,
and if it is valid, gives rise to an obligation.
CONTRACT

Article 1159 - Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith.

• Provides for the principle of OBLIGATORY FORCE OF CONTRACT. Provided that it is

consistent with Art. 1306.
o Article 1306 - The contracting parties may establish such stipulations, clauses,
terms and conditions as they may deem convenient, provided they are not contrary
to law, morals, good customs, public order, or public policy.
• Contractual obligation – obligation arise from contracts/voluntary agreements.
• Contract – meeting of minds between 2 persons whereby one binds himself, with respect
to the other, to give, to do something or to render some service.
• Quasi-contract - A juridical relation resulting from a LAWFUL, VOLUNTARY and
UNILATERAL ACT which gives rise to the obligation to reimburse or to indemnify another
based on the principle that no one shall be unjustly enriched or benefitted at the expense
of another.
o PRINCIPAL KINDS OF QUASI-CONTRACTS:
- NEGOTIORUM GESTIO – arise when a person voluntarily takes charge of the
agency/management of the business/property of another w/o any power or
authority from the latter (Art 2144/2150).
- SOLUTIO INDEBITI - arises whenever a person unduly delivers a thing (Art 2154)
Ex: (e.g., If I let a storekeeper change my P500 bill and by error he gives me
P560, I have the duty to return the extra P60)
• VALID CONTRACT – it should not be against the law, contrary to morals, good customs, public
order, and public policy.
• a void contract does not exist and no obligation will arise from it.
• COMPLIANCE IN GOOD FAITH – compliance or performance in accordance with the
stipulations or terms of the contract or agreement.
• FALSIFICATION OF A VALID CONTRACT – only the unauthorized insertions will be
disregarded; the original terms and stipulations should be considered valid and subsisting for
the partied to fulfill.
1160. Obligations derived from quasi-contracts shall be subject to the provisions of chapter 1,
title 17 of this book
• Quasi-contract - A juridical relation resulting from a LAWFUL, VOLUNTARY and
UNILATERAL ACT which gives rise to the obligation to reimburse or to indemnify another
based on the principle that no one shall be unjustly enriched or benefitted at the expense
of another.
o PRINCIPAL KINDS OF QUASI-CONTRACTS:
- NEGOTIORUM GESTIO – arise when a person voluntarily takes charge of the
agency/management of the business/property of another w/o any power or
authority from the latter (Art 2144/2150).
- SOLUTIO INDEBITI - arises whenever a person unduly delivers a thing (Art 2154)
Ex: (e.g., If I let a storekeeper change my P500 bill and by error he gives me
P560, I have the duty to return the extra P60)
▪ QUASI-CONTRACTUAL OBLIGATIONS – In art 1160 – obligation arise from quasi-contracts
or contracts implied by law.

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 in Human Relations, and of Title 18 of this book, regulating damages.

Governing rules:
1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code [Art 100,
RPC – Every person criminally liable for a felony is also civilly liable]
2. Chapter 2, Preliminary title, on Human Relations ( Civil Code )
3. Title 18 of Book IV of the Civil Code – on damages • Every person criminally liable for a felony
is also criminally liable (art. 100, RPC)

CRIMINAL LIABILITY INCLUDES:

A. RESTITUTION - restoration of property previously taken away
B. REPARATION OF THE DAMAGE CAUSED – court determines the amount of damage:
price of a thing, sentimental value, etc.
C. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES – includes damages suffered by the
family of the injured party or by a third person by reason of the crime.
EFFECT OF ACQUITTAL IN CRIMINAL CASE :
A. Acquittal due to reasonable doubt – no civil liability
B. Acquittal due to exempting circumstances – there is civil liability
C. When there is preponderance of evidence – there is civil liability.
1162. Obligations derived from quasi-delicts shall be governed by the provisions of chapter 2,
title 17 of this book, and by special laws.

QUASI-DELICT (culpa aquiliana) – an act or omission by a person which causes damage to

another 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 parties.

REQUISITES:
a. omission
b. negligence
c. damage cause to the plaintiff
d. direct relation of omission, being the cause, and the damage, being the effect
e. no pre-existing contractual relations between parties

Fault or Negligence – consists in the omission of that diligence which is required by the nature
of the obligation and corresponds with the circumstances of the person, time, and of the place.

BASIS DELICTS QUASI-DELICTS

INTENT CRIMINAL / MALICIOUS NEGLIGENCE
INTEREST AFFECTS PUBLIC INTEREST AFFECTS PRIVATE INTEREST
LIABILITY CRIMINAL & CIVIL LIABILITIES CIVIL LIABILITY
PURPOSE PURPOSE-PUNISHMENT IDEMNIFICATION
COMPROMISE CANNOT BE COMPROMISED CAN BE COMPROMISED
GUILT PROVE BEYOND REASONABLE PREPONDERANCE OF
DOUBT EVIDENCE

REQUIREMENT BEFORE A PERSON CAN BE HELD LIABLE FOR QUASI – DELICT (3)

1. There must be fault or negligence attributable to the person charged;

2. There must be a damage or injury
3. There must be a direct relation of cause and effect between the fault or negligence on
the one hand and the damage or injury on the other hand.
CHAPTER 2

NATURE AND EFFECT OF OBLIGATIONS

1163. Every person obliged to give something is also obliged to take care of it with the proper
diligence of a good father of a family, unless the law or the stipulation of the parties requires
another standard of care.

▪ Speaks of an obligation of a DETERMINATE THING (one which is specific; a thing identified

by its individuality) which an obligor is supposed to deliver to another
▪ Reason: the obligor cannot take care of the whole class/genus

DUTIES OF DEBTOR:
Preserve or take care of the things due.
▪ DILIGENCE OF A GOOD FATHER – a good father does not abandon his family, he is always
ready to provide and protect his family; ordinary care which an average and reasonably
prudent man would do.
▪ ANOTHER STANDARD OF CARE – extraordinary diligence provided in the stipulation of
parties.
▪ FACTORS TO BE CONSIDERED – diligence depends on the nature of obligation and
corresponds with the circumstances of the person, time, and place.

** Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force
majeure… without negligence or fault in his part.

▪ Deliver the fruits of a thing

▪ Deliver the accessions/accessories
▪ Deliver the thing itself
▪ Answer for the damages in case of non-fulfillment or breach.

1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver
it arises. However, he shall acquire no real right over it until the same has been delivered to
him.

REAL RIGHT (jus in re) – right pertaining to person over a specific thing, without a passive subject
individually determined against whom such right may be personally enforced.
- a right enforceable against the whole world
PERSONAL RIGHT (jus ad rem) – a right pertaining to a person to demand from another, as a
definite passive subject, the fulfillment of a prestation to give, to do or not to do.
- a right enforceable only against a definite person or group of persons.