Art. Art. 1156 1156 An obligation is a juridical necessity to give to do or not to do. Obligation – (Latin word: obligatio) obligatio) tying or binding - tie or bond recognized by law by virtue of w/c one is bound in favor of another to render something – in giving a thing, doing a certain act, or not doing a certain act !rt ""#$: de%nition of obligation in its &assive as&ect 'tresses the duty of the debtor or obligor when it speaks of obligation as a juridical necessity. ---- in case of noncom&liance, the courts may be called u&on to enforce its ful%llment or the economic value that it re&resents he debtor must com&ly with his obligation whether he li*es it or not+ otherwise, his failure will be visited with some harmful or undesirable conseuences Nature of obligations Civil obligations – obligations – obligations w/c give to the creditor or oblige a right under the law to enforce their &erformance in courts of ustice Natural obligations obligations - not being based on &ositive law but on euity and natural law, do not grant a right of action to enforce their &erformance Essential requisites of an obligation (") .assive .assive subect (debtor/obligor) (debtor/obligor) – bound to the ful%llment of the obligation+ obligation+ he who has a duty () !ctive subect (creditor/obligee) (creditor/obligee) – entitled to demand the ful%llment of the obligation+ he who has a right (0) Obect/&restation Obect/&restation (subect matter) – the conduct reuired reuired to be observed by the debtor (1) 2uridical/Legal 2uridical/Legal tie (e3cient cause) – w/c binds or connects the &arties to the obligation obligation Forms of obligation - refer to the manner in w/c an obligation is manifested or incurred 4ay be oral, in writing or &art oral/writing 56: law does not reuire any form in obligations arising from contracts for their validity or binding force ) Obligations arising from other sources do not have any form at all (") obligation – the act or &erformance w/c the law will enforce () right – – the &ower w/c a &erson has under the law, to demand from another any &restation (0) wrong (cause of action) – an act or omission of one &arty in violation of the legal right/s of another Injury – refer to the wrongful violation of the legal right of another Essential elements of a legal wrong or injury (a) Legal right in favor of a &erson (creditor/&lainti7/o (creditor/&lainti7/obligee) bligee) (b) ! correl correlativ ative e legal legal obligati obligation on on the of another another (obligor/deb (obligor/debtor/d tor/defen efendant dant)+ )+ to res&ect res&ect or not to violate said right (c) !ct or omission omission by the latter in violation of said said right w/ resulting resulting inury or damage damage to the former 8a wrong or cause of action only arises at the moment a right has been transgressed or violated Kinds of obligation according to subject matter (") Real obligation (obligation to give) – that in w/c the subect matter is a thing w/c the obligor must deliver to the obligee () Personal obligation (obligation (obligation to do or not to do) – that in w/c the subect matter is an act to be done or not to be done 2 inds of !ersonal obligation (A) Positive personal personal obligation obligation (obligation to do or to render service) (B) Negative personal personal obligation obligation (obligation not to do) Art. 115" Obligations arise from:
(!)"ontracts (#)$uasi%contracts (&)Acts (&)Acts or omiss omission ions s punis punis'ed 'ed by law ()$uasi%delicts #ource of obligations (") law – when they are im&osed by law itself (e9 Obligation to &ay ta9es) () contracts – when they arise from the sti&ulation of the &arties (e9 Obligation to re&ay a loan or indebtedness by virtue of an agreement) (0) uasi-contracts – arise from lawful, voluntary and unilateral acts w/c are enforceable to the end (obligations may be considered arising from law) (1) crimes or acts or omissions &unished by law – arise from civil liability w/c is the conseuence of a criminal o7ense (#) uasi-delicts or torts – arise from damages caused to another through an act or omission, there being fault or negligence, but no contractual relation e9ists between the &arties 9am&les: the obligation of the head of a family that lives in a bldg or a &art thereof to answer for damages caused by things thrown or falling from the same+ the obligation of a &ossessor of an animal to &ay for the damage w/c it may have caused #ources of obligation (") hose emanating emanating from from law () hose emanating emanating from &rivate &rivate acts: a !rising !rising from from licit acts, acts, in the case of contracts contracts and and uasi-cont uasi-contract racts s b !rising !rising from from illicit illicit acts, w/c may be either &unishab &unishable le in the case of delicts/crim delicts/crimes, es, or not &unishable in the case of uasi-delicts/torts uasi-delicts/torts 8actually, there are only sources: law and contracts, because obligations arising from uasicontracts, delicts and uasi-delicts are really im&osed by law Art. 115$ Obligati Obligations ons derived derived from law law are are not pres presum umed ed.. Only Only t'os t'ose e epressly determined in t'is code or in spec special ial law are deman demanda dable ble** and s'all be regulated by t'e precepts of t'e law w+c establis'es t'em and as to w'at 'as not been foreseen* foreseen* by t'e provisions of t'is book. book. !rt ""#; refers refers to legal legal obligati obligations ons or obligatio obligations ns arising arising from law law hey are not &resumed &resumed because they are considered a burden u&on the obligor hey are the e9ce&tion, not the rule o be demandable, they must clearly set forth in the law ") an em&loyer has no obligation to furnish free legal assistance to his em&loyees because no law reuires reuires this !n em& may not recover from his em&loyer the amount he m ay have &aid< ) &rivate school has no legal obligation to &rovide clothing allowance because there is no law which im&oses this obligation u&on schools =ut a &erson who wins money in gambling has the duty to return his winnings to the loser !rt ""#; – s&ecial laws refer to all other laws not contained in the civil code (cor&o code, negotiable) Art. 115% Ob Oblig ligati ations ons arisin arising g from from contracts 'ave t'e force of law betwee between n t'e contractin contracting g parties parties and s'ould be complied wit' in good fait'.
&& s&ea s&ea*s *s of cont contra ract ctua uall obli obliga gati tion ons s or obli obliga gati tion ons s aris arisin ing g from from cont contra ract cts s or volu volunt ntar ary y agreements >t &resu&&oses that the contracts entered into are valid and enforceable ?ontract – meeting of the minds bet two &ersons whereby one binds himself, w/ res&ect to the other, to give something or to render some service (") =inding force – contract must be valid and it cannot be valid if it is against the law () 6euire 6euirement ment of a valid contract contract - contract contract is valid (assuming (assuming all essential essential elements elements are &resent) if it is not contrary to law, morals, good customs, &ublic order and &ublic &olicy >nvalid if it is against abovementioned 8in the eyes of the law, a void contract does not e9ist @o obligations will arise ! contract may be valid but cannot be enforced Coplian Copliance ce in good faith faith – com&liance or &erformance in accordance with the sti&ulations or terms or the contract 'incerity and honesty must be observed 9 (") if ' agrees to sell his house to = and = agrees to buy it, voluntary and willing, then they are bound by the terms of their contract hey canAt withdraw or esca&e from the obligations hat w/c is agreed agreed u&on in the contract contract is the law between ' and = and must be be com&lied with in good faith () a contract whereby ' will *ill = in consideration of "BBB to be &aid by ? is void and none9istent because *illing a &erson is contrary to law 6endering domestic service gratuitously until the loan is &aid is contrary to law and morals =oth in () cases, ' has no obligation to com&ly Art. 116' Obligati Obligations ons derived derived from ,uasi%contracts ,uasi%contracts s'all be subject to t'e provision of "'ap. 1* -itle /00 of t'is ook. --- treats of obligations arising from uasi-contracts or contracts im&lied in law !uasi"contract – that uridical relation resulting from lawful, voluntary, and unilateral acts by virtue of w/c the &arties become bound to each other to the end that no one will be unustly enriched or bene%ted at the e9&ense of another 8not e9actly a contract because there is no meeting of the minds, there is no consent he law considers the &arties as having entered into a contract although they have not actually did so (rinci!al Kinds of quasi&contracts (") Negoti Negotior oru u #estio #estio – voluntary management without the *nowledge or consent of the latter () $olutio indebiti – indebiti – uridical relation relation which is created when something is received when there is no right right to demand demand it and and it was was unduly unduly delive delivere red d throu through gh mista* mista*e e (&ayme (&ayment nt by mista*e) re,uisites are: a here here is no right right to receiv receive e the thing thing deliver delivered ed b he thing thing was was deliver delivered ed through through mista mista*e *e Art. 1161 "ivil "ivil oblig obligati ations ons arisin arising g from criminal o2enses s'all be governed by t'e penal laws* subject to t'e provisions of article !133* and of t'e pertinent provisions of "'ap. !* 4reliminary -itle* on 5uman 6elations* and and of t'e t'e -itl -itle e /00 /0000 of t'is t'is o ook ok** regulating damages. --- deals w/ civil liability arising from from crimes or delicts (") rule: that every &erson criminally liable for an act or omission is also ci)illy liable
() in crimes which cause no material damage, there is no criminal liability to be enforced =ut a &erson not criminally res&onsible may still be liable civilly (failure to &ay a debt, causing damage to anotherAs &ro&erty w/o malicious or criminal intent or negligence "ivil liability includes: (") 6estitution estitution () 6e&aration 6e&aration for the the damage caused (0) >ndemni%cation for for conseuential conseuential damages 9 C stole DAs car >f C is convicted, the court will order C: (") return the car (or &ay its value if lost/destroyed)+ () &ay for any damage caused to the car+ and (0)&ay such other damages su7ered by D as a conseuence of the crime Art. 1162 Obligati Obligations ons derived derived from ,uasi%delicts ,uasi%delicts s'all be governed by t'e provisions of of "'ap. !* -itle -itle /00 of t'is t'is book* and by special laws. --- treats of obligations arising from uasi-delicts/torts !uasi"delicts !uasi"delicts – act or omission by a &erson (tortfeasor) w/c causes damage to another in his &erson, &ro&erty or rights giving rise to an obligation to &ay for the damage done, there being fault or negligence but there is no &re-e9isting contractual relation bet &arties *equisites of quasi&delict (") here must must be an act or omission () here must must be fault or negligence negligence (0) here must be damage damage caused (1) here must be a direct direct relation or connection connection of cause and e7ect bet the act or omission and the damage+ and (#) here is no &re-e9isting &re-e9isting contractual contractual relation bet the &arties +rime )s quasi&delict quasi&delict (") "rime E criminal or malicious malicious intent or criminal criminal negligenc negligence e while while ,uasi%delict E only negligence () "rime E &ur&ose &ur&ose is &unishme &unishment, nt, while ,uasi%delict E indemni%cation of the o7ended &arty (0) "rime E a7ects &ublic interest+ ,uasi%delict E E concerns &rivate interest (1) "rime E liabilities: criminal criminal and civil+ ,uasi%delict E E only civil (#) "riminal liability canAt be com&romise com&romised d or settled by the &arties &arties themselves+ themselves+ ,uasi% delict can can be com&romised ($) "rime E guilt of the accused must be &roven beyond reasonable doubt+ ,uasi%delict E fault fault or neglig negligenc ence e need need only only be &rove &roved d by the &re&o &re&onde nderan rance ce (su&er (su&erior ior/we /weigh ight) t) of evidence Art. Art. 116, 116, 7very person obliged to give somet'ing is also obliged to take care of it wit' proper dilig ilige ence of a good fat' fat'e er of a family unless t'e law or t'e stipulation of t'e parties re,uires anot'er standard of care. &&& refers to an obligation s&eci%c or determinate thing $peci%c&deterinate thing – thing – &articularly designated or &hysically segregated others of the same class #eneric&indeterinate thing – thing – refers only to a class/genus to w/c it &ertains and canAt be &ointed out with &articularity &articularity
-etermina -eterminate te ting – ident identi%e i%ed d by its indivi individua dualit lity y he debtor debtor canAt canAt subs substit titute ute it with with another although the latter is of the same *ind and uality w/o the consent of the creditor /eneric ting – identi%ed only by its s&ecie he debtor can give anything of the same class as long as it is of the same *ind -uties of debtor in obligation to gi)e a determinate ting (') Preserve Preserve the thing thing – – in obligations to give (real obli) the obligor has the incidental duty to ta*e care of the thing due w/ the diligence of a good father of a family &ending delivery a ili ilige genc nce e of a good good fath father er – euated w/ ordinary care or average (a reasonable &rudent) &erson b An Anot othe herr stan standa dard rd care care – e9ce& e9ce&tio tion: n: if the law or the sti&ula sti&ulatio tion n of the &arties &arties &rovides for another standard of care (slight/e9traordinary diligence), said law or sti&ulation must &revail c *act *actor ors s to be con consi side dere red d – diligence reuired necessarily de&ends u&on the nature of the obligation F corres&onds corres&onds w/ the circumstances of the &erson, time and &lace 56: the debtor is not liable of his failure to &reserve the thing is not due to his fault or negligence but to fortuitous events or force ajeure 9 ' binds himself to deliver a s&eci%c horse to = on a certain date .ending delivery, ' has the additional or accessory duty to ta*e care of the horse w/ the diligence of a good father of a family, li*e feeding the horse regularly, *ee&ing it in a safe &lace, etc ' must e9ercise that diligence w/c he would e9ercise over another horse belonging to him w/c he is not under obligation to deliver to = =ut ' canAt relieve himself from liab in case of loss by claiming that he e9ercised the same degree of care toward the horse as he would toward his own, if such care is less than that reuired reuired by the circumstances circumstances >f the horse dies or is lost or become sic* as a conseuence of 'As failure to e9ercise &ro&er diligence, he shall be liable to = for damages he accessory obligation obligation of ' to ta*e care of the horse is demandable demandable even if no mention thereof is made in the contract d Reason Reason for for debtor debtor+s +s obliga obligatio tion n – debtor must e9ercise diligence to insure that the thing thing to be delive delivere red d would would subs subsist ist in the same condit condition ion as it was was when when the obligation was contracted (,) eliver the fruits fruits of the thing thing – – !rt ""$1 (-) eliver the accessions accessions and accessories accessories . !rt ""$# (/) eliver the the thing itself (0) Answer for daages daages in case of non"ful%llent non"ful%llent or breach – !rt ""GB -uties of debtor in obligation to deli)er generic ting (") o deliver a thing w/c is of the uality intended by the &arties ta*ing into consideration the &ur&ose of the obligation and other circumstances () o be liable liable for damages damages in case case of fraud, negligenc negligence e or delay delay in the &erforma &erformance nce of his obligation or contravention of the tenor thereof Art. Art. 1160 -'e creditor 'as a rig't to t'e fruits of t'e t'ing from t'e time t'e t'e obli obliga gati tion on to deli delive ver r it aris arises es.. 5owe 5oweve ver r* 'e s'al s'alll ac,u ac,uir ire e no real real rig't over it until t'e same 'as been delivered to 'im. -ierent Kinds of Fruits (") Natural *ruits – s&onta s&ontaneo neous us &rodu &roducts cts of the the soil, soil, and the young and other other &rodu &roducts cts of animals (no human intervention) () Industrial *ruits – *ruits – &roduced by lands of any *ind through cultivation or labor (0) Civil *ruits – *ruits – derived by virtue of a uridical relation
9 6ents of bldg, &rice of leases of lands and other &ro&erty, interest income en is te creditor entitled to te fruit3 Hrom the time the obligation to deliver arises en will te obligation to deli)er arise3 56: on obligation to deliver – u&on &erfection of the contract (.erfection (.erfection – birth of the contract, meeting of the minds bet the &arties) 9ce&tion: (") agreement 9) ' sold horse to =, no date or condition sti&ulated for the delivery of the horse Ihile the horse was in &ossession w/ ', the horse gave to a colt he contract was &erfected today, 2une "#, w/o any other agreement for delivery delivery >f the horse gave birth to a colt, 2une B, a&&ly general rule, the time the contract was &erfected = owns the colt >f thereAs agreement, delivery is 2une 0B, colt was born on 2une B, ' has the right over the colt !rt ""$1 refers to the real obligation to deliver 6eal obligation – obligation to give 6eal right – binding against the whole world .ersonal obligation – obligation to do or not to do .ersonal right – right you can assert to an individual 888Jelivery is the act that transfers ownershi&
