Chpater 1- GENERAL PROVISIONS -- which binds the parties to the obligation,
and which arise from either bilateral or Art. 1156. An obligation is a juridical unilateral acts of person necessity to give, to do or not to do. (n) Concept of Obligation 2. An active subject Juridical necessity to comply with a prestation (Sanchez Roman) -- obligee or creditor; who can demand the fulfillment of the obligation A legal relation established between one person and another whereby the 3. Passive subject latter is bound to the fulfillment of a -- obligor or debtor; against whom the prestation which the former may obligation is juridically demandable demand of him (Manresa) 4. the fact, prestation or service which Prestation constitutes the object of the obligation The cause of a contract or the promise of the Form as a fifth requisite--- applicable in thing or service of the other. certain contracts Example Classification of obligations If A sells an automobile to B for Pure and conditional P100,000: With a period the cause of the contract (the prestation) as to A is the promise of B Alternative and facultative to pay him P100,000 Joint and solidary As to B, the prestation is the promise Divisible and indivisible of A to deliver the automobile. Example With a penal clause
A promised to construct a building for Classification (Sanchez Roman)
B for P1.5 Million as a result of an 1. As to juridical quality agreement between them. a. Natural natural law Before the construction: b. Civil positive law A = passive subject c. Mixed B = active subject 2. As to parties Construction of the building = object a. Unilateral & Bilateral or prestation b. Individual and Collective Agreement = juridical tie/the efficient cause 3. As to object: Obligations a. Determinate and generic Civil Obligation one which has a b. Simple and multiple binding force in law, and which gives c. Positive and negative to the obligee or creditor the right of enforcing it against the obligor or d. Real and personal debtor in a court of justice e. Possible and impossible Natural Obligation one which cannot be enforced by action, but which is f. Divisible and indivisible binding on the party who makes it in g. Principal and accessory conscience and according to natural law 4. As to perfection and extinguishment a. Pure
Requisites of Obligation b. Conditional
c. With a term or period without any power or authority from the latter Example:
X went to the USA with his family
Art. 1157. Obligations arise from: without leaving to look for his house (1) Law; in Tacloban. While in the US, a big fire broke out near the house of X. (2) Contracts; Through the effort of Y, a neighbor, the (3) Quasi-contracts; house of X was saved from being burned. Y , however, incurred (4) Acts or omissions punished by expenses in the process of saving the law; and house. (5) Quasi-delicts. (1089a) Solutio Indebiti Art. 1158. Obligations derived from law Juridical relation whenever a person are not presumed. Only those expressly unduly delivers a thing through determined in this Code or in special mistake to another who has no right to laws are demandable, and shall be demand it. regulated by the precepts of the law which establishes them; and as to what Requisites has not been foreseen, by the . There is no right to receive the thing provisions of this Book. (1090) delivered E.g. Obligation of the spouse to The thing was delivered through support each other ( Family Code); mistake Obligations of the employers under the Labor Code Example: Art. 1159. Obligations arising from D owes C P100,000. D paid T believing contracts have the force of law between that T was authorized to receive the contracting parties and should be payment for C. complied with in good faith. (1091a) CONTRACT Art. 1161. Civil obligations arising from Meeting of the mind between two criminal offenses shall be governed by persons whereby one binds himself the penal laws, subject to the with respect to the other, to give provisions of Article 2177, and of the something or to render some service pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, Consensual vs real contract and of Title XVIII of this Book, regulating damages. (1092a)
Art. 1160. Obligations derived from Rules:
quasi-contracts shall be subject to the Every person liable for a felony is also provisions of Chapter 1, Title XVII, of civilly liable (Art. 100, Revised Penal this Book. (n) code) QUASI-CONTRACTS Every crime has dual aspect: criminal Those juridical relations arising from and civil lawful, voluntary and unilateral acts, Scope of Civil Liability based on the principle that no one shall be unjustly enriched or benefited Restitution at the expense of another Reparation of damage caused E.g. negotiorum gestio and solutio indebiti Indemnification for consequential damages Negotiorium Gestio Enforcement of Civil Liability Juridical relation which arises whenever a person voluntarily takes When a criminal action is instituted, charge of the agency or management the civil action for recovery of civil of the business or property of another liability arising from the offense 3. Owners and managers of establishment or enterprise, with respect to damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions 4. Employers with respect to damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry charged is impliedly instituted with the criminal action, unless the offended 5. The State, when it acts through a party expressly waives the civil action special agent; but not when the or reserves his right to institute it damage has been caused by the separately or institutes the civil action official to whom the task done properly prior to the criminal action pertains Independent Civil action 6. Teachers or heads of establishments of arts and trades, with respect to In cases provided in Articles 31, 32, damages caused by their pupils and 33, 34 and 2177, an independent civil students or apprentices, so long as action entirely separate and distinct they remain in their custody from the criminal action may be brought by the injured party during Defense available: If they can prove that the pendency of the criminal case; they have observed all the diligence of a requires only preponderance of good father of a family to prevent evidence. damage. Requisites for liability 1. The fault or negligence of the defendant; 2. the damage suffered or incurred by the plaintiff 3. the relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff
Art. 1162. Obligations derived from Quasi-delicts versus Crimes
quasi-delicts shall be governed by the Crimes affect public interest; quasi provisions of Chapter 2, Title XVII of delicts are only of private concern this Book, and by special laws. (1093a) Penal code punishes or corrects the QUASI-DELICTS criminal act; Civil code merely repairs Fault or negligence of a person, who , the damages incurred through by his act or omission, connected or indemnification unconnected with, but independent Crimes are not as broad as quasi- from, any contractual relation, causes delicts; the latter include all acts in damage to another person; equivalent which any kind of fault or negligence to tort (Art 2176, NCC) intervenes Persons liable In crime, there are generally two 1. The father and in case of his death liabilities; in quasi-delict, there is only or incapacity, the mother, with respect civil liability to damages caused by minors or Criminal liability cannot be incapacitated persons who are under their authority and who live in their compromised; civil liability can be company. compromised
2. Guardians with respect to their In crime, the guilt of the accused is to
wards be proved beyond reasonable doubt; in quasi-delict, it needs to be proved only by preponderance of evidence