Obligations

BA 160

Obligation - definition
An obligation is a juridical necessity to give, to do
or not to do (Art. 1156)
An obligation is a juridical relation whereby a
person (called creditor) may demand from another
(called debtor) the observance of a determinative
conduct (the giving, doing or not doing) and in case
of breach, may demand satisfaction from assets of
the latter (J.B.L. Reyes)

Essential Requisites of Obligation

1. Active subject - obligee or creditor; the one who has the

right and power to demand performance of the obligation

2. Passive subject - obligor or debtor; one who is obliged to

perform the obligation

3. Juridical or legal tie - that which binds the parties to the

obligation

4. Object of the obligation - consists of a prestation to give,

to do or not to do

Art. 1157
Obligations arise from
(1) law;
(2) contracts;
(3) quasi-contracts;
(4) acts or omissions punished by law; and
(5) quasi-delicts.

Law
Law - a rule of conduct, just and obligatory, laid down by
legitimate authority for the common observance and
benefit (Sanchez Roman)
Art. 1158. Obligations derived from law are not presumed.
Only those expressly determined in this Code or in specie
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

Contracts
Contracts - a meeting of minds between 2
persons whereby one binds himself with respect
to the other, to give something or to render some
service
Art. 1159. Obligations arising from contracts have
the force of law between the contracting parties
and should be complied with in good faith.

Quasi-Contracts
Quasi- contract - certain lawful, voluntary,
and unilateral act giving rise to a juridical
relation to the end that no one shall be
unjustly enriched at the expense of another
Art. 1160. Obligations derived from quasicontracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.

Acts or omissions punished by law

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
the Title XVIII of this Book regulating damages

Acts or omissions punished by law

(Revised Penal Code)Art. 100. Every person
criminally liable for a felony is also civilly liable
Article 2177. Responsibility for fault or negligence
under the preceding article is entirely separate and
distinct from the civil liability arising from negligence
under the Penal Code. But the plaintiff cannot
recover damages twice for the same act or omission
of the defendant.

Acts or omissions punished by law

Civil liability arising from a crime includes:
restitution
reparation of the damage caused
indemnification for consequential damages

Quasi-delict
Quasi-delict - wrong committed independent of contract and
without criminal intent

Art 1162. Obligations derived from quasi-delict shall be governed

by the provisions of Chapter 2, Title XVII of this Book and by
special laws

Art. 2176. 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.

Nature and Effect of Obligation

Art. 1163. Every person obliged to give

something is also obliged to take care of it

with the proper diligence of a good father
of a family, unless the law or the

stipulation of the parties requires another

standard of care

Nature and Effect of Obligation

Art. 1164. The creditor has a right to the
fruits of the thing from the time the

obligation to deliver it arises. However,

he shall acquire no real right over it until

the same has been delivered to him.

Nature and Effect of Obligation

Art. 1165. When what is to be delivered is a

determinate thing, the creditor, in addition to the

right granted him by Article 1170, may compel the
debtor to make the delivery.

If the thing is indeterminate or generic, he may ask

that the obligation be complied with at the expense

of the debtor. xxx

When is a thing determinate?

A thing is determinate
when it is particularly
designated or
physically segregated
from all others of the
same class (Art. 1460)

Nature and Effect of Obligation

Art. 1166. The obligation to give a

determinate thing includes that of

delivering all its accessions and

accessories, even though they may not

have been mentioned.

Accessions and Accessories,

Concept

Accessions - includes everything which is

produced by a thing, or is incorporated or

attached thereto, either naturally or
artificially

Accessories - things which are attached or

joined to another thing by way of ornament

or for its use or to render it more perfect.

DUTIES OF OBLIGOR IN OBLIGATION

TO DELIVER A DETERMINATE THING

1.Preserve the thing

Standard of care required: that standard of care
provided for by law or stipulated in the contract;
if there is nothing stated, diligence of a good
father of a family
2.Deliver the thing itself
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DUTIES OF OBLIGOR IN OBLIGATION

TO DELIVER A DETERMINATE THING

3. Deliver the accessions and accessories.

Gen rule: All accessions and accessories are

considered included in the obligation to deliver a

determinate thing although they may not have

been mentioned. But unless otherwise stipulated,

an obligation to deliver the accessions or

accessories of a thing does not include the latter.

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DUTIES OF OBLIGOR IN OBLIGATION

TO DELIVER A DETERMINATE THING

4. Answer for damages in case

of non-fulfillment or breach
Art. 1170. Those who in the performance of their
obligations are guilty of fraud, negligence, or
delay and those who in any manner contravene
the tenor thereof are liable for damages.
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DUTIES OF OBLIGOR IN OBLIGATION

TO DELIVER A GENERIC THING

1. To deliver a thing which is of the quality intended

by the parties taking into consideration the
purpose of the obligation and other
circumstances;

2. To be liable for damages in case of fraud,

negligence, or delay, in the performance of his

obligation, or contravention of the tenor thereof.

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DUTIES OF OBLIGOR IN
OBLIGATION TO DO
1. Perform the obligation himself or by another
in accordance with the terms of the contract
2. To be liable for damages in case of fraud,
negligence, or delay, in the performance of
his obligation, or contravention of the tenor
thereof.
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DUTIES OF OBLIGOR IN
OBLIGATION NOT TO DO
1. Abstain from the act that is forbidden
2. To be liable for damages in case of fraud,
negligence or contravention in any manner of
the tenor of the obligation.

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Grounds for liability w/c may entitle

the injured party to damages
1. Fraud or deceit
2. Negligence
3. Delay
4. Contravention of the terms of the obligation

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Fraud
It is the deliberate or intentional evasion of the
normal fulfillment of an obligation. It implies
some kind of malice or dishonesty and it cannot
cover cases of mistake and errors of judgment
made in good faith. It is synonymous to bad
faith

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Negligence
It is any voluntary act or
omission, there being no
malice, which prevents the
normal fulfillment of an
obligation

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Delay
Delay, default or mora - it the non-fulfillment
of an obligation with respect to time
Art. 1169. Those obliged to deliver or to do
something incur in delay from the time the
obligee judicially or extrajudicially demands
from them the fulfilment of their obligation.

Legal Delay, Conditions:

1. Failure of the debtor to perform his obligation
on the date agreed upon;

2. Demand made by the creditor upon the debtor

to comply with his obligation which demand,
may be either judicial or extrajudicial

3. Failure of the debtor to comply with such

demand

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When
demand
is
not
necessary
to
Delay
put debtor in delay

1. When the obligation so provides

2. When the law so provides
3. When time is of the essence
4. When demand would be useless
5. When there is performance by a party in
reciprocal obligations

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Contravention of the terms of the

obligation

This is the violation of the terms and conditions

stipulated in the obligation.

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