Art.
1156
- An obligation is a juridical necessity to give, to do, or not to do.
Obligation
- The term obligation is derived from the Latin word “obligatio” which means tying or
binding.
Civil Code definition - Art. 1156 of the Civil Code defines an obligation in its passive
aspect. It merely stresses the duty of the debtor or obligor when it speaks of obligation as a
juridical necessity.
Juridical Necessity
- Obligation is a juridical necessity because in case of non-compliance, the courts of
justice may be called upon the aggrieved party to enforce its fulfillment or, in default
thereof, the economic value that it represents. In proper cases, the debtor or obligor may
also be made liable for damages, which represents the sum of money given as a
compensation for the injury or harm suffered by the creditor for the violation of his rights.
In other words, the debtor must comply with his obligation whether he likes it or not;
otherwise his failure will cause harmful or undesirable consequences. If obligations were not
made enforceable, then people can disregard them with impunity.
Nature of obligations under the Civil Code
(a) Civil obligations: Obligations which give to the creditor or obligee a right under the law
to enforce their performance in courts of justice.
(b) Natural obligations: Not being based on positive law but on equity and natural law, do
not grant a right of action to enforce their performance although in case of voluntary
fulfillment by the debtor, the latter may not recover what has been delivered or rendered
by reason thereof.
Essential requisites of an obligation.
(1) Passive subject (debtor/obligor): The person who is bound to the fulfillment of the
obligation; he who has a duty.
(2) Active subject (creditor/obligee): The person who is entitled to demand the fulfillment
of the obligation; he who has a right.
(3) Object or prestation (subject matter of the obligation): The conduct required to be
observed by the debtor. It may consist in giving, doing, or not doing. Without the
prestation, there is nothing to perform.
(4) Juridical or legal tie (efficient cause/source of the obligation): That which binds or
connects the parties to the obligation.
Example:
Under a building contract, Vice bound himself to construct the house of Pastor for
P1,000,000.
Passive subject: Vice
Active subject: Pastor
Object or prestation: The construction of the house of Pastor/House of Pastor
Juridical or legal tie: Building contract
Supposedly, Vice already constructed the house and it was the agreement that Pastor would
pay Vice after the construction has finished, Vice then becomes the active subject, and Pastor,
the passive subject.
Form of obligations
- Refers to the manner in which an obligation is manifested or incurred. It may be oral, or
in writing, or partly oral and partly in writing. As a general rule, the law does not require
an obligation to be in any form for its validity or binding force. (Art. 1356, Civil Code)
Obligation
- Is the act or performance which the law will enforce.
Right
- Is the power which a person has under the law, to demand from another any prestation.
Wrong (cause of action)
- Is an act or omission of one party in violation of the legal right/s of another.
The following are the essential elements of a legal wrong or injury:
(a) A legal right in favor of a person (creditor/plaintiff)
(b) A correlative legal obligation on the part of another (debtor/defendant) not to respect or
not to violate said right.
(c) An act or omission by the latter in violation of said right with resulting injury or damage to
the former.
Kinds of obligation according to the subject matter
(1) Real Obligation (obligation to give): That in which a subject matter is a thing which the
obligor must deliver to the obligee.
Example: Seller binds himself to deliver a box of face masks to Buyer.
(2) Personal Obligation (obligation to do or not to do): That in which the subject matter
is an act to be done or not to be done. It has two (2) kinds:
(a) Positive personal obligation: Obligation to do or to render service.
Example: As a student, your positive personal obligation is to study.
(b) Negative personal obligation: Obligation not to do.
Example: As a student, your negative personal obligation is not to violate school
policies.
Art.1157
- Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts
Sources of Obligations
(1) Law: When the obligation is imposed by the law itself. Ex: Obligation to pay taxes;
obligation to support one’s family.
(2) Contracts: When the obligation arises from the stipulation of the parties. Ex: The
obligation to pay indebtedness by virtue of a contract or an agreement
(3) Quasi-contracts: When the obligation arises from lawful, voluntary, and unilateral acts
which are enforceable to the end that no one shall unjustly enriched or benefited at the
expense of another (Art. 2142, Civil Code). Ex: Obligation to return money paid by
mistake or that which is not due.
(4) Acts or omissions punishable by law (crimes or delicts): When the obligation arises
from civil liability as a consequence of a criminal offense. (Art. 1161, Civil Code) Ex: The
obligation of the thief to return the thing stolen by him; the duty of the offender to
indemnify the heirs of the victim.
(5) Quasi-delicts or torts: When the obligation arises from damage caused to another
through an act or omission, there being fault or negligence, but no contractual relation
exists between the parties. (Art. 2176, Civil Code) Ex: The obligation of the possessor of
an animal to pay for the damage which it may have caused.
*There are only two (2) sources, that is, law and contracts, because obligations arising
from quasi-contracts, delicts, and quasi-delicts are actually imposed by law.
Art. 1158
- Obligations derived from law are not presumed. Only those expressly determined in this
Code or in special laws are demandable, and shall be regulated by the precepts of the
law which establishes them; and as to what has not been foreseen, by the provisions of
this book.
Legal Obligations
- Art. 1158 refers to legal obligations or obligation arising from law. They are not presumed
because they are considered a burden upon the obligor. They are the exception, not the
rule. To be demandable, they must clearly set forth in the law, i.e., the Civil Code or
special laws.
Art. 1159.
- Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith.
Contractual Obligations
The above article speaks of contractual obligations or obligations arising from contracts
or voluntary agreements. It presupposes that the contracts entered into are valid and
enforceable.
Contract
- Is a meeting of minds between two (2) persons whereby one binds himself, with respect
to the other, to give something or to render some service. (Art. 1305, Civil Code)
(1) Binding force: Obligations arising from contracts have the force of law between the
contracting parties. They have the same binding effect of obligations imposed by law,
however, this does not mean that contract is superior to the law. As source of
enforceable obligation, a contract must be valid and it cannot be valid if it is against the
law.
(2) Validity of Contracts: A contract is valid if all its essential requisites are present,
namely: consent, object and cause or consideration, and provided that it is not contrary
to law, morals, good customs, public order, and public policy. Otherwise, it shall be
declared void and no obligation will arise.
(3) Compliance in good faith: It means compliance or performance in accordance with the
stipulations or terms of the contract or agreement. That which is agreed upon in the
contract is the law between the parties thereto and must be complied with in good faith,
provided that the agreement shall not be contrary to law, morals, good customs, public
order, and public policy. Sincerity and honesty must be observed to prevent one party
from taking undue advantage over the other.
Non-compliance by a party with his legitimate obligations after receiving the benefits of a
contract would constitute unjust enrichment on his part.
(4) Breach of contract: It takes place when a party fails or refuses to comply, without legal
reason or justification, with his obligation under the contract as agreed upon. In most
cases, it will render the guilty party liable for damages.
Art. 1160
- Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1,
Title XVII of this Book.
Quasi-contract
- Is that juridical relation resulting from lawful, voluntary, and unilateral acts which are
enforceable to the end that no one shall be unjustly enriched or benefited at the expense
of another.
It is not properly a contract at all. Unlike in a contract, there is no consent in a quasi-contract
because such consent is supplied by fiction of law. In other words, the law considers the parties
as having entered into a contract, although they have not actually done so, to prevent injustice
or the unjust enrichment of a person at the expense of another.
Kinds of quasi-contracts
(1) Negotiorum gestio: The voluntary management of the property or affairs of another
without the knowledge or consent of the latter. (Art 2144, Civil Code)
Ex: Coco went to Sulu without leaving somebody to look after his house in Quezon City.
While in Sulu, a big fire broke out near his house. Through the efforts of Baron, a close
neighbor, Coco’s house was saved from being burned. Baron, however, incurred medical
expenses for injuries sustained.
(2) Solutio indebiti: The juridical relation which is created when something is received
when there is no right to demand it, and it was unduly delivered through mistake. (Art.
2154, Civil Code)
The requisites are:
(a) There is no right to receive the thing delivered; and
(b) The thing was delivered through mistake.
Ex: Bea owes Kim P1,000. If Bea paid Gerald believing that the latter was authorized to
receive payment for Kim, the obligation to return on the part of Gerald arises. If Bea paid
P2,000 to Kim by mistake, Kim must return the excess of P1,000.
Note:
The cases that have been classified as quasi-contracts are of infinite variety, and when
for some reason, recovery cannot be had on a true contract, recovery may be allowed on the
basis of a quasi-contract.
Ex: Seller of goat’s milk leaves milk at the house of Buyer each morning. Buyer uses the milk
and one (1) week after, Seller asks payment for the milk delivered.
Here, an implied contract is understood to have been entered into by the very acts of Seller and
Buyer, creating an obligation on the part of Buyer to pay the reasonable value of the milk,
otherwise Buyer would be unjustly benefited at the expense of Seller.
Art. 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 Title, on Human Relations, and of Title XVIII of this Book, regulating
damages.
Civil liability arising from crimes or delicts
Oftentimes, the commission of a crime causes not only moral evil but also material
damage.
General rule: Every person criminally liable is also civilly liable for damages. (Art.100,
Revised Penal Code)
Exception: In crimes which cause no material damage, there is no civil liability to be
enforced, such as contempt, violation of the Comprehensive Dangerous Drugs Act, violation of
the Election Code, possession of firearms and ammunitions.
However, a person not criminally responsible may still be civilly liable, such as causing
damage to another’s property without malicious or criminal intent or negligence.
Scope of Civil Liability
(1) Restitution;
(2) Reparation for the damage caused; and
(3) Indemnification for consequential damages. (Art.104, Revised Penal Code)
Ex: If Akusado is convicted for the crime of carnapping, the court will order Akusado to: (1)
Return the car or pay its value if it was lost or destroyed; (2) Pay for any damage caused to the
car; and (3) Indemnify such other damages suffered by the offended party as a consequence of
the crime, such as moral, nominal, or exemplary damages.
Art. 1162
- Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws.
Quasi-delict
- Is an act or omission by a person which causes damage to another, there being fault or
negligence, but without any pre-existing contractual relation between the parties. (Art.
2176, Civil Code)
Requisites of quasi-delict
Before a person may be held liable for quasi-delict, the following requisites must concur:
(1) There must be an act or omission;
(2) Such act or omission causes damage to another
(3) Through fault or negligence;
(4) There must be a direct relation or connection between the act or omission and the
resulting damage; and
(5) There is no pre-existing contractual relation between the parties.
Ex: While having a ball game with friends, Bata broke the window glass of Tanda, his neighbor.
The accident would not have happened had they played a little farther from the house of Tanda.
In this case, Bata is under obligation to pay the damage caused to Tanda by his act although
there is no pre-existing contractual relation between them because Bata is guilty of negligence.
Crime distinguished from quasi-delict.
Crime Quasi-delict
There is criminal or malicious intent or There is only negligence.
criminal negligence.
The purpose is punishment. The purpose is indemnification of the
offended party.
Affects public interest. Concerns private interest.
There is generally both criminal and civil Civil liability only.
liability.
Cannot be compromised or settled by the Can be compromised as any other civil
parties themselves. liability.
The guilt of the accused must be proved The fault or negligence of the defendant need
beyond reasonable doubt. only be proved by preponderance of
evidence.
