ART. 1156.

An obligation is a juridical necessity to give, to

do or not to do.
OBLIGATIONS - is a juridical relation whereby a person
(called the creditor) may demand from another (called the
debtor) the observance of a determinate conduct, and, in
case of breach, may obtain satisfaction from the assets of
the latter. (Approved by Mr. Justice J. B. L. Reyes)
The obligations referred to in our manual is a patrimonial
obligations that is, those obligations with pecuniary value
or assessable in terms of money.
Characteristics of patrimonial obligations:
o They represent an exclusively private interest.
o They create ties that are by nature transitory.
o They exist a power to make effective in case of non-
fulfillment, the economic equivalent obtained at the
patrimony of a debtor.
Meaning of Juridical Necessity it means the rights and
duties arising from obligation are legally demandable and
the courts of justice may be called upon through proper
action to order the performance.
Action means an ordinary suit in court of justice by which
one party prosecutes another for the enforceable or
protection for a right or a prevention or redress of a wrong (
Sec. 1. Rules of court ).
Example
 Gaya bought refrigerator from Tito but Gaya did not pay
the refrigerator. If after demand, Gaya still did not pay, Tito
can sue Gaya in Court either to demand payment or for
recovery of the refrigerator.

Essential requisites of an obligation

o An active subject, who has the power to demand the
prestation, known as the creditor or obligee;
o A passive subject, who is bound to perform the
prestation, known as debtor or obligor.
o An object or the prestation which may consist in the
act of giving, doing or not doing something.
The vinculum juris or the juridical tie between the two
subjects by reason of which the debtor is bound in favor of
the creditor to perform the prestation. It is the legal tie
which constitutes the source of obligationthe coercive
force which makes the obligation demandable.
Civil obligations as distinguished from Natural
obligations
o Civil obligations derive their binding force from
positive law; Natural Obligation derives their binding
effect from equity and natural justice.
o Civil can enforced by court action of the coercive
power of public authority;
 o Natural the fulfillment cannot be compelled by court
action but depends on the good conscience of debtor.
ART. 1157. Obligations arise from:
o Law;
o Contracts;
o Quasi-contracts;
o Acts or omissions punished by law; and
o Quasi-delicts.

ART. 1158. Obligations derived from law are not

presumed. Only those 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 foreseen, by the provisions of this Book.
ART. 1159. Obligations arising from contracts have the
force of law between the contracting parties and should be
complied with in good faith.

ART. 1160. Obligations derived from quasi-contracts shall

be subject to the provisions of Chapter 1, Title XVII, of this
Book.
 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 Title XVIII of this Book, regulating damages. (1092a)

ART. 1162. Obligations derived from quasi-delicts shall be

governed by the provisions of Chapter 2, Title XVIII of this
Book, and by special law. (1093a)

71. Source of Obligations

LAW as a source of obligations

The provisions of Art. 1158 refers to the legal obligations

or obligations imposed by specific provisions of law, which
means that obligations arising form law are not presumed
and that to be demandable must be clearly provided for,
expressly or impliedly in the law.
Examples:
o It is the duty of the Spouses to support each other.
(Art. 291, New Civil Code)
o And under the National Internal Revenue Code, it is
the duty of every person having an income to pay
taxes.
CONTRACT as a source of obligations
 Contract as defined in Art. 1305, NCC is the meeting of
minds between two person whereby one binds himself with
respect to the other,

Obligations arising from contracts have the force of law

between the contracting parties because that which is
agreed upon in the contract by the parties is the law
between them, thus, the agreement should be complied with
in good faith. (Art. 1159).
QUASI-CONTRACTS as a source of obligations
o The quasi literally means as if.
Quasi-contract is the juridical relation resulting from a
lawful, voluntary and unilateral act which has for its
purpose the payment of indemnity to the end that no
one shall unjustly enrich or benefited at the expense of
another. (Art. 2142, NCC)
o Contracts and quasi-contracts distinguished:
in a contract, consent is essential requirement for
its validity while in quasi-contract, there is no
consent as the same is implied by law;
contract is a civil obligation while quasi-contract
is a natural obligation.
Kinds of Quasi-contracts
Solutio Indebiti (Payment by mistake)
 It is the juridical relation which arises when a person is
obliged to return something received by him through
error or mistake.
2. Negotiorum gestio (management of anothers
property)
It is the voluntary management or administration by a
person of the abandoned business or property of
another without any authority or power from the latter.
(Art. 2144, NCC)
DELICTS or acts or omissions punished by law as a
source of obligations
Acts or omission punished by law is known as Delict or
Felony or Crime.
While an act or omission is felonious because it is punished
by law, the criminal act gives rise to civil liability as it
caused damage to another.
o Civil liability arising from delicts:
Restitution which is the restoration of or
returning the object of the crime to the injured
party.
Reparation which is the payment by the
offender of the value of the object of the crime,
when such object cannot be returned to the
injured party.
 Indemnification the consequential damages
which includes the payment of other damages
that may have been caused to the injures party.
QUASI-DELICTS as a source of obligations
Concepts of Quasi-Delict
Quasi-delict is one where 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. (Art. 2176)
Example-
If Pedro drives his car negligently and because of his
negligence hits Jose, who is walking on the sidewalk of the
street, inflicting upon him physical injuries. Then Pedro
becomes liable for damages based on quasi-delict.
Requisites of a quasi-delicts -
There must be fault of negligence attributable to the

offended;
There must be damage or injury caused to another;
There is no pre-existing contract.