Art. 1157.
Obligations arise from(Sources of obligations):
1. Law. — When they are imposed by the law itself, e.g., obligation to pay taxes; obligation to support
one’s family;
2. Contracts. — When they arise from the stipulation of the parties e.g., the obligation to repay a loan by
virtue of an agreement;
3. Quasi-contracts. — When they arise from lawful, voluntary and unilateral acts and which are
enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another, e.g.,
the obligation to return money paid by mistake or which is not due.
4. Crimes or acts or omissions punished by law. — when they arise from civil liability which is the
consequence of a criminal offense, e.g., the obligation of a thief to return the car stolen by him; the duty
of a killer to indemnify the heirs of his victim; and
5. Quasi-delicts or torts. — When they arise from damage caused to another through an act or omission,
there being fault or negligence, but no contractual relation exists between the parties, e.g.:
the obligation of the head of a family that lives in a building or a part thereof to answer for
damages caused by things thrown or falling from the same;
the obligation of the possessor of an animal to pay for the damage which it may have caused.
Contract is one of the sources of obligations.
On the other hand, obligation is the legal tie or relation itself that exists after a contract has been
entered into. Hence, there can be no contract if there is no obligation. But an obligation may
exist without a contract.
1. Law or “OBLIGATION ex LEGE”- JURIS/LEX/LEY or LEYES/LEGE or LEGIS Set/body of JEDO PRINGS made
by competent authorities and imposed in a particular territory for common observance.
KINDS OF POSITIVE LAWS IN THE PHILIPPINES:
a. Political/Constitutional g. Private International Law
Law h. Public International Law
b. Criminal Law i. Civil Law
c. Special Laws j. Administrative Law
d. Labor Law k. Election Law
e. Law on Taxation l. Remedial Law
f. Commercial Laws
Art. 1158 of RA 386 of the Civil Code
“Obligations derived from law are not presumed. Only those expressly determined in this Code or in special
laws are DEMANDABLE.”
ANNOTATION
• To be demandable and enforceable, the obligation must be stated by the law which created the
obligation.
• Such being the case, the agreement of the parties under this obligation is no longer necessary because it is
the law which governs their obligation.
• Obligations derived from law shall be governed by the law which establishes them. In case of insufficiency,
the same shall be supplemented by the provisions of the Civil Code of the Philippines.
• DURA LEX SED LEX means “The law maybe harsh but it is the law”.
Examples – Civil Code of the Philippines
Art. 3. Ignorantia legis non excusat. Ignorance of the law excuses no one from compliance therewith.
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good faith.
Art. 26. Locus Regit Actum. Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons.
2. Contract or Obligation ex Contractu is a contract is a meeting of minds between two persons whereby
one binds himself, with respect to the other, to give something or to render some service (Art. 1305 of
the Civil Code or RA 386).
Other Laws relating to contracts:
• ART. 1159-Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.”
A contract is by nature “SINALAGMATICO” or reciprocity which means that performance by one is dependent
on the performance by the other
3. Crimes or acts or omissions punished by law or OBLIGATION EX DELICTO.
Examples of delict
ACT- The act of taking the property of another without the latter’s consent is a delict. It is a felony called
THEFT as defined in Arts. 308-311 of the Revised Penal Code (see E-files).
OMISSION- The omission of the required diligence while driving a motor vehicle and in violation of the
Motor Vehicle Law is an omission punishable as RECKLESS IMPRUDENCE under Art. 365 of the Revised
Penal Code (see E-files.
OBLIGATION EX DELICTO
ANNOTATION
As a rule, when a person commits a felony, he can be held criminally liable and if found guilty beyond
reasonable doubt with moral certainty after trial, he will be meted with the corresponding penalty of
imprisonment.
And in addition, he can also be held civilly liable (he shall answer and/or pay for damages) because most
often the commission of a felony causes not only moral evil but also material damage.
Such civil obligation is a necessary consequence of criminal liability, and is to be declared and enforced in
the same criminal proceeding except when the injured party reserved the right to file the civil action
independently from the criminal action. (Sec. 1, Rule III, Revised Rules of Court)
However, not all felonies cause material injury. Therefore, if there is no material damage to be
compensated or to be indemnified, there is no civil liability to be indemnified.
Footnote: In my practice of law, I have not filed a case in court without the corresponding civil liability.
Proof or evidence required
1. When civil liability for damage is made in the criminal case, proof or evidence beyond
reasonable doubt is required.
2. When claim for damage is filed separately with the criminal action, mere preponderance of
evidence is enough.
Effect if the guilty party died pending trial
The civil obligation IS NOT EXTINGUISHED. The injured party may file his claim against the estate
of the offended, but the heirs are not liable beyond the value of the property they received from
the decedent (Arts. 1178 and 1311 RA 386).
Effect if the guilty party is acquitted of the criminal case
The acquittal of the guilty party in the criminal case filed DOES NOT EXTINGUISH the civil liability
unless it is stated in the judgment that the fact from which the civil action might arise did not
exist. (Sec. 3, Rule III, Revised Rules of Court)
4. Quasi-contracts or OBLIGATION ex QUASI-CONTRACTU
CONCEPT: It is an obligation from a juridical relation which arises from certain lawful, voluntary, and
unilateral acts, to the end that no one may be unjustly enriched or benefited at the expense of another.
Legal Basis
Art. 2142 RA 386. Certain lawful, voluntary and unilateral act gives rise to the juridical relation of quasi-
contract to the end that no one shall be unjustly enriched or benefited at the expense of another.
ELEMENTS: 1. Lawful, 2. Unilateral and 3. Voluntary.
Quasi-contracts under the CIVIL CODE:
1. Art. 2144 – Negotiorum Gestio. Whoever voluntarily takes charge of the agency or management of the
business or property of another, without any power from the latter, is obliged to continue the same until
the termination of the affair and its incidents, or to require the person concerned to substitute him, if the
owner is in a position to do so. This juridical relation does not arise in either of these instances:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
2. Art. 2154 – Solutio Indebiti. If something is received when there is no right to demand it, and it was
unduly delivered through mistake, the obligation to return it arises.
3. Other forms
Examples:
1. Mali Bog Cya, a merchant-farmer, and owner of a ten-hectare agricultural land left for USA on a
pleasure trip. While enroute to USA, typhoon “Ligaya” devastated the entire Philippines, including
the land owned by Mal Bog Cya. Before the typhoon reached the Philippine area of responsibility,
Masli Bog Rin, a neighbor of Mali Bog Cya, employed six farmers to harvest the palay planted on the
land of Mali Bog Cya. The expenses incurred is Php 6,000.00.
2. Daniel Padilla owes Kathryn Bernardo P100,000 payable on December 25, 2010. On December 25,
2007, DP, thinking that the obligation was already due, paid KB the full amount of the obligation.
1. Which of the examples mentioned is Negotiorum Gestio? What are the obligations of the parties
involved? Legally explain.
2. Which of the examples cited is Solutio Indebiti? What are the obligations of the parties involved?
Legally explain.
5. Quasi-Delicts, torts or OBLIGATION ex QUASI-DELICTO.
CONCEPT
Quasi-delict, or tort, or Culpa Aquiliana, is the wrong committed against a person independent of contract
and without criminal intent.
Art. 2176 of the CIVIL CODE or RA 386
“Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay
for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this Chapter.”
BASIS OF LIABILITY
• Manresa, a Spanish Commentator in Civil Law states that the liability for quasi-delict is founded upon an
indisputable principle of equity; namely, the fault or negligence cannot prejudice anyone else besides its
author, and in no case should its consequences be borne by him who, without will or fault on his part,
becomes the victim of the result or suffers the harm produced by such fault or negligence.
He goes further and opined that a man is responsible not only for his voluntary willful act executed
consciously and intentionally, but also for those acts performed without lack of foresight, care and
diligence, which caused material harm to society or to other individuals.
ELEMENTS:
1. Act or Omission
2. Fault or Negligence (Art. 1173 RA 386)
The fault or negligence of the obligor consists in the omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the persons, of the time and of the
place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall
apply.
If the law or contract does not state the diligence which is to be observed in the performance, that which
is expected of a good father of a family shall be required.
3. Damage or Injury (Art. 2197 RA 386)
Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
4. No PECR
