Article 1156 a) Pure and Conditional (Article 1179-1192)

-An obligation is a judicial necessity to give, b) With a period (Article 1193-1198)

to do or not to do. c) Alternative and Facultative (Article 1199-
Note: Sabi ng nagdadraft ng batas noong 1946 1206)
(The Civil Code Commission) d) Joint and Solidary (Article 1207-1222)
An obligation has 3 kinds e) Divisible and Indivisible (Article 1223-
1. To give: example your parents are obligated 1225)
to give you money, provided your under f) With a penal cause (Article 1226-1230)
aged Article 1157
2. To do: example you have a boyfriend or Obligation Arise from Source
girlfriend, you’re obligated to render care 1. Law
for each other 2. Contracts
3. Not to do: you’re obligated not to cheat if 3. Quasi – Contracts (This is not contracts, the
you’re in a romantic relationship consent is from the law)
Note: The definition of obligation in the law 4. Crimes/Acts or omissions punished by law
here in 5. Quasi – Delicts (This are not crimes but it
the Philippines is incomplete. cause damages)
CREDITOR
-The person who can demand things to give, Article 1158
things to do and things not to do in Obligations derived from law are not presumed
obligation or contracts. Note: Pag yung obligation ay galing sa batas
DEBTOR hindi
-Person who gives something, to do mo pwedeng basta basta sabihin na ito ay galing
something, and not to do something. sa batas. Dapat mayroong law na specifically
2 kinds of Obligation sinasabi yon.
Natural
-One cannot be enforced by law It must be expressly impost by new civil code or
Civil any special law that is demandable
-Under the laws/creditor can file case in court
Requisites of Obligation Note: Ang gumagawa ng obligasyon ay ang
a) A juridical or legal tie, which binds the batas
parties to the obligation based on agreement
(agreement of creditor and debtor) Article 1159
b) An active subject known as the obligee or Obligations arising from contracts have the force
creditor, the person who can demand the of law between the contracting parties and
performance or fulfillment of the agreement. should be complied with in the good faith
c) A passive subject known as the obligator or -Contracts is the law between the two parties
debtor, the person who fulfill in the -It has force and effect and it must be
agreement. respected by the both debtor and creditor
d) The fact, a prestation or service which (what agreement should both parties will
constitutes the object of the obligation. follow)
Different kinds of Obligations General Rule: If the both creditor and debtor
Under the new civil code, the following are the agrees, then there is an obligation based on
classification of obligations. contract
Object – If it is to give, to do or not to do liable for obligation, you have other obligation
Note: which is called Civil Liability
Unilateral Obligation – Only one person/party You have two obligations when you are
is required to render or to give things, to do criminally
service and not to do service. liable you’re also civil liable.
Reciprocal Obligation – Two parties are Article 1162
required to give something to each other and Obligation derived from quasi – delicts shall be
they are both creditor and debtor of each other. governed by the provisions of Chapter 2, Title
Article 1160 XVII
Obligations derived from quasi contracts Quasi – Delicts: These are not crimes but they
shall be subject to the provisions of Chapter can
1, Title XXVI. cause damage to another person.
Quasi - Contracts are those judicial relations Note: Kapabayaan, walang kontrata pero nag
arising from lawful, voluntary and unilateral cause
acts, by virtue of which the parties become ng damage sa isang tao mo kaya kailangan kang
bound to each other. mag liable for damages
Based on the principle that no one shall Requisites for Liability in Quasi - Delicts
unjustly enriched or benefited at the expense a) There must be a fault or negligence
of another committed by the person who caused
Guide Principle is walang tao ang dapat damage
manlalamang sa kapwa niya tao, kaya kahit
walang kontrata ang batas ang gumagawa ng
kontrata na ang tawag natin ay Quasi –
Contracts.
2 kinds of Quasi – Contracts
1. Negotiorum Gestio
-Is the juridical relation which arises
whenever a person voluntarily takes
charge of the agency or management of
the business or property of another,
without any power or authority.
2. Solutio Indebiti
-Is the juridical relation which arises
whenever a person unduly delivers a
thing through mistake to another who
has no right to demand it.
Article 1161
Civil obligations arising from 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 XVII
Note: When you do something criminal you’re
also
 c) Mora Solvendi – the delay is on the
part of debtor to perform his
obligation.
Article 1168
When the obligation consists in not doing and Note: If the obligation is to give, it is Mora
the obligor does what has been forbidden him, Solvendi Ex Re. However, if the obligation
it shall also be undone at his expense. is to do it, it is Mora Solvendi Ex Persona

Note: In obligation not to do (negative personal 3 requisites which should be present in order
obligations) and it will be impossible to undo that the debtor may be considered in default
that. a) The obligation is demandable and
already liquidated.
2 remedies are available to the oblige b) The debtor delays performance and
a) To have it undone at the expense of the knowing that is already due.
obligor and c) The creditor requires the
b) To ask damage performance judicially or extra
judicially.
Note: In obligation not to delay is impossible
(delay is yung hindi ka makakapag comply sa -There must be demand from the creditor
iyong obligation as debtor on the agreed fix to the debtor to perform it whether
date) judicially or extra judicially
-It is Judicial Demand pag kinasuhan ni
A breach of obligations may be either creditor si debtor sa husgado
voluntary -It is called Extrajudicial Demand to
or involuntary deliver or to do something pag sumulat
 Voluntary – Ikaw ang may kasalanan si creditor kay debtor ex. Juan gawin mo
(debtor) because of his own free will, he na ito, pag di mo ginawa kakasuhan na
has capacity to alter the situation, or to kita. Signed Pedro
alter the course but he failed to comply However, demand by the creditor is not
with his obligation. necessary in order that delay may exist in the ffg
 Involuntary – Walang control yung cases.
debtor, kahit gusto niyang mag comply a) When the obligation or the law expressly
hindi niya macomply dahil may so declares.
nangyaring event or called as fortuitous -Dapat yung batas yung nagsasabi na
event – here damages cannot collected. hindi na kailangan ng demand. Di na
kailangan sabihin kailan ang due date,
Default (5 kinds) kailan idedeliver, kailan gagawin etc.
a) Compensatio Morae – situation was Because it is already mandated by law.
both creditor and debtor are in b) When from the nature and the
delay circumstances of the obligation it appears
b) Mora Accipiendi – delay of the that the designation of the time when the
creditorto accept the delivery of the thing is to be delivered or the service is to
thing which is object of the be rendered was a controlling motive for
obligation. the establishment of the contract.
 circumstances and the debtor they not
- Demand is not necessary because the comply with that diligence based on that
time is the controlling motive for the time, place, and circumstance of the
establishment of contract creditor.
c) When the demand would be useless, as Kinds of Negligence
when the debtor has rendered it beyond a.) Civil Negligence - can be either be
his power to perform culpa contractual or culpa acquiliana
Default in negative obligations (quasi – delicts)
-Or the obligation not to do. Fulfillment Culpa Contractual
and violation are possible but not delay -Negligence when there is an agreement
or default. between parties. (there is negligence by
-Dahil nagcocomply ka sa obligation na the debtor, but because of an agreement
hindi gumawa ng isang bagay habang and he didn’t comply in that diligence
wala kang ginagawa. Kasi kapag may required)
ginawa kang ipinagbabawal sayo, you’re Culpa Acquiliana
already in breach. -When there is a negligence but there
Default in reciprocal obligation – must no agreement between the
they’re both creditor and debtor of parties. There was no pre – existing
each other. If the one party can’t obligation between parties. (there was a
comply with his obligation then the damage that is done and incurred to the
delay of one party will not affect his creditor, because of the lack of diligence
liability. by the debtor)
Voluntary Breach through Fraud Distinctions
or Dolo Culpa Contractal Culpa Acquiliana
-There is a conscious decision to defraud (Quasi – Delicts)
or not to fulfill the obligation in a normal Negligence of the
manner. defendants is
2 kinds of Fraud merely incidental
1.) Civil Fraud in the performance
2.) Criminal Fraud of an obligation
2 kinds of Civil Fraud Substantive and
a.) Fraud in the performance of independent
obligation There is a
b.) Fraud in the constitution of Law of preexisting
establishment of an obligation contractual relation
Effect of Fraud There may or may
-If there is a breach by reason of Fraud or not be preexisting
dolo on the part of the obligor or debtor, contractual relation
he can be liable for damage. Culpa Acquiliana – The debtor negligence
The law does not allow waver of future must be proven
fraud
Voluntary Breach through negligence or
Culpa
-Diligence required under the