ARTICLE 1156

What is an Obligation? (4) Acts or omissions punished by law; and

Obligation is a judicial necessity to give,to do or not to do. (5) Quasi-delicts. (1089a)
Obligation derived from the latin word “obligatio” meaning tying
or binding. Juridical necessity connote that in case of non ARTICLE 1158
compliance, there will be legal sanction. Obigations derived from law are not presumed. Only those
expressly determined in this Code or in special laws are
Ang ibig sabihin ng Judicial necessity ay ang hidi pagsunod sa demandable, and shall be regulated by the precepts of the law
kasunduan ay magdodolot ng kaparusahang naaayun sa which establishes them; and as to what has not been foreseen,
batas. by the provisions of this Book.

Oblegee or Creditor- One to whom an obligation is due,(Ang Ang mga obligasyon na hango sa batas ay hindi inaakala. Ang
pinag kakautangan.) mga obligasyon lamang na hayagang nakasaad sa Code na ito
at sa mga espesyal na batas ang may bisa, at pinapatakbo ng
Obligor or Debtor- One obliged to do something,(may sagutin o mga utos ng batas na nagtatag ng mga ito; para sa mga
pananagutan) obligasyon na hindi inaasahan, sila ay bibigyang bisa ng
probisyon ng Libro na ito.
DISCUSSION:
DISCUSSION:
ELEMENTS OF OBLIGATION
LAW (OBLIGATION EX LEGE)
1. Active subject- Known as the oblegee or creditor,who can • Must be expressly or impliedly set forth and cannot be
demand the fulfillment of the obligation; presumed
2. Passive Subject-Known as the obligor, againts whom the Obligation derived from law are not presumed. Only those
obligation is juridically demandable; expressly determined in this code or in special laws are
3. Object or Prestation- The subject matter of the obligation demandable, and shall be regulated by the precepts of the law
which has an economic value or susceptible of pecuniary which establishes them; and as to what has not been foreseen,
substitution in case of noncompliance. by the provision of this book.
4. Efficient cause- The vinculum or juridical tie which bind the
parties to the obligation and which may arise from either ARTICLE 1159
bilateral or unilateral acts of persons.
OBLIGATIONS ARISING FROM CONTRACTS HAVE THE
PRESTATION- Ito ay hindi bagay ngunit ito ay partikular na FORCE OF LAW BETWEEN THE CONTRACTING PARTIES
gawain ng may pananagutan (debtor)ito ay pweding AND SHOULD BE COMPLIED WITH IN GOOD FAITH.
masalasay sa pag bigay, pag-gawa o hindi pagawa.
Ang mga obligasyon na nag simula sa mga kontrata at
KINDS OF PRESTATION nagkaroon ng bisa sa batas sa pagitan ng mga nagkasundong
partido ay dapat gampanan ito ng may mabuting kalooban.
1. From the viewpoint of performance; *Distinction between Obligation […]

a) Positive obligation or the obligation to give or to do. DISCUSSION:

b) Negative obligation or the obligation not to do.
CONTRACT (OBLIGATION EX CONTRACTU)
2. From the viewpoint of the subject matter or prestation, it may • Must be complied with in good faith
be; • it is the “law” between parties;
• neither party may unilaterally evade his obligation in the
a) A personal obligation or the obligation to do or not to do; contract, unless:
b) A real obligation or the obligation to give; a. Contract authorizes it
i. Determinate or specific thing- Object is particularly b. Other party assents
• Parties may freely enter into any stipulations provided they
ARTICLE. 1157 are not contrary to law, morals, good customs, public order or
SOURCES OF OBLIGATION public policy.
Obligations arise from:
(1) Law; ARTICLE 1160
(2) Contracts;
(3) Quasi-contracts;
Obligations derived from quasi-contracts shall be subject to the distinguishing it from delict;
provisions of Chapter I, Title XVII of this Book. 2. act must be VOLUNTARY distinguishing it from quasi-delict
which is based on fault or negligence;
Ang mga obligasyong galing sa quasi-contracts ay 3. act must be UNILATERAL distinguishing it from contract
maipapasailalim sa mga probisyong nakasaad sa Chapter I, which is based on agreement.
Title XVII ng Librong ito.
KINDS OF QUASI-CONTRACT
DISCUSSION: • Negotiorum gestio:
unauthorized management; arises whenever a person
QUASI-CONTRACT (OBLIGATION EX QUASICONTRACTU) voluntarily takes charge of the agency or management of
another’s abandoned business or property without the latter’s
• Juridical relation resulting from lawful, voluntary and unilateral authority
acts, which has for its purpose, the payment of indemnity to the • Solutio indebiti:
end that no one shall be unjustly enriched or benefited at the undue payment. Arises when a person unduly delivers a thing
expense of another. through mistake to another who has no right to demand it
• Distinguished from other Sources (must not be through liberality or some other cause)
1. act giving rise to a quasi contract must be LAWFUL
Article 1157Ang obligasyon ay maaaring manggaling:1.Batas;2.Kontrata;3.Quasi-Kontrata4.Kilos o kilos na
masama na pinaparusahan ng batas; at5.Quasi-delictsSources of Obligations1.Law (obligation ex lege)-like the
duty to pay taxes and to support one’s family.2.Contracts (obligation ex contractu) – like the duty to repay a loan by
virtue of an agreement.3.Quasi-contracts (obligations ex quasi-contractu) – like the dutyto refund an “over change”
of money because of the quasi-contract of solution indebiti or “undue payment.”4.Crimes or Acts of Omissions
Punished by Law (obligations ex maleficio or ex delicto) – like the duty to return a stolen carabao.5.Quasi-delicts or
Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair damage due to negligence.

Article 1158Ang pananagutan mula sa batas ay hindi ipinagpapalagay. Ang mga tiyak na ipinahayag lamang sa
koda o sa espesyal na batas ang maaaring habulin at at isaayos ng mas malalimna batas na nagawa na at sa ano
pa wala pang nakatala sa mga probisyon ng Aklat na ito.Article 1159Ang mga obligasyon na nagmumula sa mga
kontrata o kasunduan ay may bisa sa pagitan ng dalawang nagkasundoat dapat ay tuparin ng pasubali.

Article 1160Ang mga obligasyong galing sa quasi-contracts ay maipapasailalimsa mga probisyong nakasaad
sa Chapter I, Title XVII ng Librong ito.Discussion:A quasi-contract is a juridical relation which arises from
a lawful,voluntary and unilateral act/s executed by somebody for the benefitof another and for which the
former must be indemnified to the endthat no one shall be enriched or benefited at the expense of
another(Article 2142).Presumptive Consent.- The consent in quasi-contracts is referred toas presumptive
consent. Since a quasi-contract is unilateral contractcreated by the act/s of the gestor, the consent is
provided by lawthrough presumption. This consent gives rise to multiple judicialrelations which
result in obligations for the delivery of the thing orrendition of service.

Article 1161Ang mga obligasyong sibil na nagmumula sa mga criminal na opensa ay dapat pamunuan ng mga
batas na pang penal,na naayos sa mga probisyon ng Artikulo 2177 at ng mga pertenenteng probisyon ng Chapter
2, Prelimary Title sa Human Relations at ng Title XVIII ng aklat na ito na nagsasaayos ng mg danyos.

Article 1162Ang mga obligasyon na nagmula sa quasi-delicts ay nasasakupan ng probisyon ng Chapter 2, Title
XVII ng Aklat na ito, at ng mga espesyal na batas.

Article 1163Ang bawat tao na obligado na magbigay ng isang bagay ay obligadorin na pangalagaan ito na may
tamang pagkalinga tulad isang amang tahanan, maliban kung ang batas o ang stipulasyon ng
mgapartido ay nangangailangan ng iba pang pamantayan ng pagaalaga.
ARTICLE 1157 a) Voluntary takes charge of the agency or management of the
business or property of another.
March 10, 2017
REPORTE BY: AGUSTO S TASING JR b) Without any power from the latter.

OBLIGATION ARISE FROM;

Example;
1.LAW;
2.CONTRACTS; Mr. Juan the caretaker of house for rent recieved
3.QUASI-CONTRACTS; the amount of more than the boarders due. Mr. Juan without the
4. ACTS OR OMISSIONS PUNISHED BY LAW; power of the owner of the house increase the payment which is
5. QUASI DELICTS; not due to the boarders. Mr.Juan has the obligation to return the
money paid which is not due to the boarders.
DISCUSSION
ACTS OR OMISSIONS PUNISHED BY LAW– Civil liability is
arised and it is the consequences of the criminal offense
LAW- There is obligation when it was imposed by the law. committed.

Example; Example; Mr. X inflicted serious physical injury to Mr.Y, Mr.X

will be responsible for the payment of all the medical expenses
The obligation of both husband and wife to support their family. and damages of Mr.Y. Hence, Mr.X has the obligation for the
payments of medical expenses and damages of Mr.Y.

CONTRACTS– When the both parties arise from stipulation.

Example; QUASI DELICTS or TORTS– When they arise from damages
A borrowed money from B, B has the obligation to repay by caused to another,there being fault or negligence,giving rise to
virtue of agreement. the obligation to pay for the damage done. There must be no
pre-existing contractual relation between the parties.

QUASI-CONTRACT-This are judicial relation arising from

certain lawful,voluntary and unilateral acts by virtue of which the Example;
parties become bound to each other based on the principle that
no one shall be unjustly enriched or benefited at the expenses Mr. A bitten by my German dog, I as a possessor of that Dog
of another. has the obligation to the injury of Mr. A caused by my Dog.

TWO KINDS OF QUASI-CONTRACTS NOTE;

The obligation to return money paid by mistake or which is not Obligation arising from quasi-contract,delict and quasi
due. delicts are really imposed by law. In other words we have
only two sources of obligation which is the LAW and
1. Solutio Indebiti, exist when; CONTRACTS.

a) Something is recieved;
ARTICLE 1158

b) When there is no right to demand it; March 29, 2017

Obligations derived from law are not presumed. Only those
c) It was unduly delivered through mistake. 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 forseen
by the provisions of this book.

Example;
Obligations derived from law, never presumed;

Mr. A the assistant of Mr.B,in the absence of Mr.B, Mr.A

 The obligation of parents to support their minor (Art, 195 FC)
received the amount of 5000 for the payment of B’s labor. Mr.A
 Obligation to pay taxes (Internal Revenue Code)
has the obligation to give the amount to Mr.B.  Obligation to deliver the presumptive legitimes of children (Art
51, FC)
2. Negotiorum Gestio, Which exist when one:
Source of Obligations
 Contract- like the duty of the contracting party to fulfill his 3.Act must be unilateral distinguishing it from
undertaking in the contract (payment of a loan) contract which is based on agreement
 Quasi-Contract- duty of the recepient to return what was
delivered to him by mistake
 Delict- duty of the culprit to pay the damage Kinds of Quasi-Contract
 Quasi-delict-duty of the tortfeasor to pay damages for causing
death of a person.  Negotiorum gestio (management of business)
 Solutio indebiti (the payment to one of what is not
ARTICLE 1159 due to him)

April 2, 2017 Negotiorum gestio

Article 1159. Obligations arising from contracts have the Unauthorized management; arises whenever a
force of law between the contracting parties and should person voluntary takes charge of the agency or
be complied with in good faith. management of another’s abandoned business
or property without the latter’s authority.
Validity of any contract expresses the principle of
“autonomy of will”. It has hos own provision, mandate and Solutio Indebiti
guidelines that should be observe. however the
“autonomy of will” will only be on its power of rule if it is in Undue payment; arises when a person unduly
consistent with other statute most specially the delivers a thing through mistake to another who
Constitution. If found to be otherwise the autonomy of will has no right to demand it.
of the contract will be ruled out

Falsification of contract is constituted when there is

ARTICLE 1161
additional stipulation inserted in the original contract. It is March 17, 2017
not imperative however that the contract will be
superseded only the part with additional stipulation with Civil obligations arising from criminal offenses
respect to the original contract will be ruled and the other shall be governed by penal laws, subject to the
subsequent part will still govern. provisions of Article 2177, and of the pertinent
provisions of Chapter 2, Preliminary Title, on
Human Relations, and of Title XVIII of the
Attorney’s should be in express form. An attorney could
Book, regulating damages.
not avail of his professional fee without the presence of
express contract on his professional charge. However
even with the presence of express contract,the court may By: Evelyn Balaoro
revise the attorney’s rate stipulated if it will be found
unreasonable.
Explanations:

Art. 1160. Obligations derived from quasi-

Civil Obligations Arising from Crimes
contracts shall be subject to the provisions
of Chapter 1, Title XVII, of this Book. (n)
This provision refers to civil obligations arising
What is Quasi-Contract? from crimes. Under the law “every person
criminally liable for a felony is also civilly liable”.
A quasi contract is a contract that exists by ord The civil liability arising out of the commission
er of a court, not by agreement ofthe parties. of crime includes: (1) restitution (2) reparation
Courts create quasi-contracts to avoid the of damage caused and (3) indemnification of
unjust enrichment of a party in a dispute over consequential damages.
payment for a good or service.
Example
Concept of Quasi-Contract
Mang Kanor is found guilty by the court of theft
1.Act giving rise to quasi-contract must
of colored television belonging to Mang
be lawful distinguishing it from delict;
Wally. Aside from sentencing him
imprisonment, the court also orders Mang
2.Act must be voluntary distinguishing it from Kanor to return the colored television
quasi-delict which is based on fault or (restitution), or if he has disposed of the same,
negligence to pay its value (reparation) and other damages
(indemnification) suffering by Mang Wally.