TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

9. Requisites for quasi-delict.

CHAPTER 1 – GENERAL PROVISIONS (a) Act or (d) Causal connection between fault
omission & damage
(Arts. 1156-1162)
(b) Fault or (e) No pre-existing contractual
negligence relations
STUDY GUIDE : (c) Damage

1. “Obligation” defined. (Art. 1156) 10. Scope of civil liability arising from crimes :
(a) Explain why an obligation is a “juridical necessity.” (a) restitution (b) reparation (c) indemnification
(b) Distinguish an “obligation” from a “contract”

2. Requisites or elements of an obligation: APPLICATION/PROBLEMS :

(a) Active subject (obligee or creditor)
(b) Passive subject (obligor or debtor) 1. Under a building contract, Engr. Y agreed to construct the house of Mr. X for 6
(c) Object or prestation (subject matter of the obligation) months. On the other hand, Mr. X agreed to pay Engr. Y P2.5M after the construction is
(d) Juridical or legal tie (vinculum or efficient cause) finished. Point out the elements of the obligation.

3. Distinguish between “obligation”, “right” and “wrong or injury.” 2. Christian and Santi entered into an agreement. It was agreed that if Santi will
attend mass for four consecutive Sundays, Christian will give Santi the amount of
4. Elements of a legal wrong or injury, or the requisites in order that a person may P100,000. Is Santi’s obligation legally enforceable?
acquire a right of action in court against another to enforce the performance of the latter’s
obligation. 3. On November 3, 2008, D entered into an agreement with C. Among other things,
5. Kinds of obligations from the viewpoint of subject matter : the parties agreed that: (a) D will borrow P50,000 from C due for payment on January 15,
2009; and, (b) In case of non-payment, D will render free service as a servant to C. Is the
(a) Real obligation - obligation to give agreement valid? Are both obligations valid?
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167) 4. Don, a merchant-farmer, was the owner of a ten-hectare land planted to lanzones.
(b.2.) Negative – obligation not to do (Art. 1168) On September 1, 2008, Don left for a pleasure trip to the U.S. While Don was on vacation
in the U.S., typhoon “Babing” devastated the entire Philippines including the land owned
6. Kinds of obligations from the viewpoint of sanction : by Don. Before the typhoon, however, reached the Philippine area of responsibility, Conan,
(a) Civil obligations – the sanction is positive law a conscientious neighbour and friend of Don, employed six (6) farmers to harvest the
(b) Natural obligations – the sanction is equity lanzones planted on the land of Don. As a result, Conan incurred expenses amounting to
(c) Moral obligations – the sanction is conscience P20,000. The employment of the farmers and the harvest of the lanzones from the land of
Don was undertaken by Conan without the approval of Don as the latter was still in the
7. Sources of obligations : (Art. 1157) U.S. Upon the arrival of Don in the Philippines from his trip, may he be compelled by
Conan to refund the P20,000 expenses incurred?
(a) Law (Art. 1158)
(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306
5. You went to the bank and let the teller change your P1,000.00 bill. By error, the
(c) Quasi-contracts (Art. 1160)
teller gives you P1,100.00. What is your obligation?
(d) Crimes or delicts (Art. 1161) (See Art. 2142)
(e) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
6. While playing baseball with his friends, Jay broke the glass window of Kay, his
- quasi-delict defined (Art. 2176)
neighbour. The breakage was not made on purpose. It was only an accident. Is Jay liable
- test of negligence (Art. 1173)
to Kay?
NOTE: Be able to give examples of obligations arising from each of the sources.
7. Juan ordered ten-year old Pedro to climb a high and slippery santol tree, and
8. 2 principal kinds of quasi-contracts :
promised to give the boy 2 kilos of the santol he will be able to pick. While climbing the
(a) Negotiorum Gestio (Art. 2144) tree, however, Pedro’s foot slipped. As a result, Pedro fell from the tree to the ground and
(b) Solutio Indebiti (Art. 2154) died instantaneously. Will Juan be liable in damages for the death of Pedro?
NOTE: Know the requisites.
PLEASE MEMORIZE : Articles 1156, 1157, 1159 & 1306.