Lesson 1: General Provisions on

Obligation
ART. 1156. An obligation is a juridical necessity to
give, to do or not to do.

OBLIGATIONS as defined by ARIAS RAMOS 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)
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.

Civil obligations the creditor or obligee has a right

under the law to enforce their performance in courts
of justice
Natural obligations based on equity, conscience and
moral justice.
- voluntary fulfillment
5. Civil obligations as distinguished from Natural
obligations
Civil obligations derive their binding force from
positive law; Natural Obligation derives their
binding effect from equity and natural justice.
Civil can enforced by court action of the coercive
power of public authority;
Natural the fulfillment cannot be compelled by
court action but depends on the good conscience
of debtor.
 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.
3. Essential requisites of an obligation
a) An active subject, who has the power to demand the
prestation, known as the creditor or oblige;
b) A passive subject, who is bound to perform the
prestation, known as debtor or obligor.
c) An object or the prestation which may consist in the act of
giving, doing or not doing something.
d) 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. It is the
legal tie which constitutes the devise of obligation the
coercive force which makes the obligation demandable.
- the source of obligation
Juridical Tie
Debtor To give, to do Creditor
Or Obligor or not to do or Obligee

Illustration:
Gaya enters into a contract of sale with Tito who paid
the purchase of a GE refrigerator. Gaya did not deliver
the refrigerator. Gaya is the passive subject or debtor
and Tito is the active subject or creditor. The object or
prestation is the GE refrigerator and the obligation to
deliver is the legal tie or the vinculum juris which
binds Gaya and Tito.
 This is also known as a unilateral obligation, that is, the
obligation of the debtor to fulfill or comply his
commitment, in this case, the delivery of the
refrigerator.

On the other hand, if Gaya, delivered the

refrigerator and Tito did not pay, then Tito becomes the
debtor who is bound to pay while Gaya is the creditor
who has the right to demand the prestation.
4. Distinctions between Obligations and Contracts:
Contract is the only one of the sources of obligation,
while obligations have other sources like law, quasi-
contracts, delicts or quasi-delicts;
Contract is a bilateral obligation while obligation is
a unilateral obligation;
All contracts are obligations while not all
obligations are contracts.
 ART. 1157. Obligations arise from:
Law;
Contracts;
Quasi-contracts;
Acts or omissions punished by law; and
Quasi-delicts. (1089a)

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. (1090)

ART. 1159. Obligations arising from contracts have the force of

law between the contracting parties and should be complied
with in good faith. (1091a)

 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)

Source of Obligations
1. 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:
It is the duty of the Spouses to support each other. (Art.
291, New Civil Code)
And under the National Internal Revenue Code, it is the
duty of every person having an income to pay taxes.
2. 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).
For examples:
A contract of lease was executed between Gaya as the
lessee and Tito as the lessor for the rent of an
apartment.

Although contracts have the force of law, it does not

mean that contract are over and above the law.
Contracts are with the limitations imposed by law in
Art. 1306, NCC, it states that the contracting parties
may establish such stipulations, clauses terms and
conditions as, they may deem convenient, provided
that are not contrary to law, morals, good custom,
public order or public policy.
3. QUASI-CONTRACTS as a source of obligations
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)

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.
2 Kinds of Quasi-contracts
1. Solutio Indebiti (Payment by mistake)
It is the juridical relation which arises when
something is received when there is no right to
demand it and it was unduly delivered through
mistake.

Example-
Arvin owed Ian the sum of P1, 000.00. By mistake,
Arvin paid P2, 000.00. Ian has the obligation to return
the P1, 000.00 excess because there was payment by
mistake.
. 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)
Example-
Victor, a wealthy landowner suddenly left for abroad
leaving his livestock farm unattended. Ramon, a
neighbor of Victor managed the farm thereby incurring
expenses. When Victor returns, he has the obligation to
reimburse Ramon for the expenses incurred by him and
to pay him for his services. It is bases on the principle
that no one shall enrich himself at the expense of
another.
4. 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.

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.
 Illustration:

Mario was convicted and sentenced to imprisonment

by the Court for the crime of theft, the gold wrist
watch, of Rito. In addition to whatever penalty that the
Court may impose, Mario may also be ordered to
return (restitution) the gold wrist watch to Rito. If
restitution is no longer possible, for Mario to pay the
value (reparation) of the gold wrist watch. In addition
to either restitution or reparation, Mario shall also pay
for damages (indemnification) suffered by Rito.
5. QUASI-DELICTS as a source of obligations

Concepts of Quasi-Delict
Quasi-delict is an act or omission by a person which causes
damage to another, there being fault of negligence, is
obliged to pay for the damage done and 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 an act or omission

There must be fault of negligence attributable to the
offended;
There must be damage or injury caused to another;
There is a direct relation of cause and effect between the
act or omission and the damage;
There is no pre-existing contractual relation between the
parties
 Negligence Defined
is the failure to observe for the protection of the
interests of another person, that degree of care, precaution
and vigilance which the circumstances justly demand,
whereby such other person suffers injury. (Judge Cooley)

Test of Negligence
For the existence of negligence, the following are necessary:
a duty on a party of the defendant to protect the plaintiff
from the injury of which the latter complains;
a failure to perform that duty; and
an injury to the plaintiff through such failure.
LESSON 2: NATURE AND EFFECT
OF OBLIGATIONS
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. (1904a)

ART. 1664. 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. (1905)

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.

If the obligor delays, or has promised to deliver the

same thing to two or more persons who do not have the
same interest, he shall be responsible for any fortuitous
event until he has effected the delivery. (1906)

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. (1097a)
Definition of terms:

1. Determinate thing a thing is determinate when it is

particularly designated or physically segregated from
all others from the same class. (Art. 1460, NCC)
2. Indeterminate or generic thing A thing is generic
when it refers to a class of thing or genus and cannot
be designated with particularity. (Art. 1460, NCC)
3. Fortuitous Events those events which could not be
foreseen or which though foreseen were inevitable.
(Art. 1174, NCC)
 Obligations of the Debtor To Give a
determinate thing-
1. To preserve or take care of the thing with the proper
diligence of a good father of a family. It means the
ordinary diligence that a prudent man would exercise in
taking care of his own property taking into consideration
the nature of the obligation, of the time and of the place,
like a person who is obliged to deliver a determinate
horse to another should, pending its delivery, preserve it
by taking care of the same as if the horse is his own.
Obligations of the Debtor To Give a
determinate thing-
To deliver the object or thing when the obligation to
deliver arises, including:
1. Fruits of the thing if any. Kinds of fruits: Natural;
industrial or civil.
Natural - spontaneous product of the soil; the young and
other products of animal. E.g. tress, plants on lands without
the intervention of man.
Industrial- produced by lands of any kind through cultivation
and labor. E.g. sugar cane, vegetables, rice.
Civil - derived by virtue of juridical relations. E.g. rents of a
building; prices of leases of lands and other similar income.
 When to deliver fruits:
1. From the time of the perfection of the contract
(meeting of the minds of the parties)
2. If the obligation is subject to a suspensive condition
or period, delivery of the fruits arises upon fulfilment
of the condition or arrival of the term, unless there is a
contrary stipulation.
3. In contract of sale, delivery of fruits arises from the
perfection of the contract where the price has been
paid (with or without suspensive condition or period).
4. Obligations arising from law, quasi-contract, delict
or quasi-delict, the time of performance is determined
by law.
Example

A binds himself to sell his horse to B for P10, 000. No

date nor condition is stipulated for delivery of the
horse. Later, the horse gave birth to a colt. A has right
to the colt, if B has not paid the horse. Before delivery,
B does not acquire ownership over it.
 Delivery or Tradition is required for a creditor to
acquire a real right over the thing; before the delivery,
the creditor only has a personal right to compel the
debtor to deliver the thing to him.

Personal right right or power of a person (creditor) to

demand from another (debtor), as a definite passive
subject, the fulfilment of the debtors obligation.
Real right right or interest of a person over a specific
thing (example: ownership, possession, mortgage,
lease) without a definite passive subject against whom
the right may be personally enforced.
 He shall acquire no real right over it until the same
has been delivered to him
- creditor does not become the owner until the specific
thing has been delivered yet.

Action:
When NO delivery yet:
- specific performance or rescission of the
obligation
- NOT recovery of possession or ownership. No
possession or ownership exist yet.
Illustration:
S is obliged to give to B on July 25 a particular
horse. Before July 25, B has no right over the horse. B will
acquire a personal right against S to fulfill his obligation
only from July 25.
If the horse is delivered on July 30, B acquires
ownership or real right only from the date. But if on July
20 S sold and delivered the same horse to C, a third
person who acted in good faith, C acquires ownership
over the horse and he shall be entitled to it as against B.
S shall be liable to B for damages.
Obligations of the Debtor To Give a
determinate thing-
2. To deliver: Accessions and accessories.
Accession is the right pertaining to the owner of a thing
over its products and whatever is attached thereto either
naturally or artificially.
Example-
Accretion which refers to the gradual and addition of
sediment to the shore by action of water.
Accessories are those things which are joined or attached
to the principal object as ornament or to render it perfect.
Example-
Radio attached to a car; or key to a car.
Obligation to give an
indeterminate thing
To deliver a thing which is of the quality intended by
the parties taking into consideration the purpose of
the obligation and other circumstances
Obligation be complied with at the expense of the
debtor.
To be liable for damages in case of fraud, negligence,
delay, in the performance of his obligation, or in
contravention of the tenor thereof.
No obligation to preserve the thing, to deliver fruits,
accessions and accessories.
Remedies of creditor
When the obligation is to deliver determinate (specific)
thing:
1. Demand specific performance or fulfillment with
right to recover damages.
2. Demand rescission or cancellation with right to
recover damages (Rescission requires the parties to
return what they have received)
3. Demand payment of damages only

* These remedies are alternative, not cumulative.

The election of one is a waiver of the other.
Remedies of creditor
When the obligation is to deliver an indeterminate or
generic thing:
1. The obligation be complied with at the expense of
the debtor
Illustration:
S obliges himself to deliver to B 100 sacks of rice
on December 4 for P50,ooo.
If S does not comply with his obligation, B may
buy rice from C, a third person. If B paid C P55,000, he
may recover P5,000 from S, plus damages.
Responsibility of debtor who delays or
has promised delivery to two creditors
Fortuitous event does not exempt debtor from
responsibility (Determinate thing)

Indeterminate thing: genus never perishes (has the

obligation even if the thing is loss because of a
fortuitous event.
 Art. 1167. If a person obliged to do something fails to do
it, the same shall be executed at his cost.
This same rule shall be observed if he does it in
contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has
been poorly done be undone. ( 1098 )
Obligation of the debtor To Do

Being a personal positive obligation, The creditor

has the right to secure the services of third person to
perform the obligation at the expense of the debtor
under the following instances:

When the debtor fails to do the obligation;

When the debtor performs the obligation but contrary
to the tenor; or
When the obligor poorly performs the obligation.
 ART. 1168. When the obligation consists in not doing, and the
obligor does what has been forbidden him, it shall also be
undone at his expense, (1099a)

Obligation of the Debtor NOT To Do

This is negative personal obligation which is consisting of an
obligation of not doing something. If the debtor does what has been
forbidden him to do, the obligee can ask the debtor to have it
undone. If it is impossible to undo what was done, the remedy of
the injured party is for an action of damages.

Example-
A bought a land from B. It was stipulated that A would not construct
a fence in a certain portion of his land adjoining that land sold by B.
Should A construct a fence in violation of the agreement, B. can
bring an action to have the fence remove at the expense of A.
 ART. 1169. Those oblige to deliver or to do something incur in
delay from the time the obligee judicially or extra - judicially
demands from them the fulfillment of their obligation.

However, the demand by the creditor shall not be

necessary in order that delay may exist:
( 1 )When the obligation or the law expressly declares; or
( 2 ) When from the nature and the circumstances of the
obligation it appears that the designation of the time
when the thing is to be delivered or the service is to be
rendered was controlling motive for the establishment of
the contract; or
( 3 ) When demand would be useless, as when the obligor has
rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if

the other does not comply in a proper manner with what is
incumbent upon him. From the moment one of the parties
fulfills his obligation, delay by the other begins. ( 1100a )
 Delay or default ( Mora )
means a legal delay or default and it consists of
failure to discharge or perform an obligation on time
which failure, constitutes a breach of the obligation.

Kinds of delay
1. Mora solvendi delay on the part of the debtor to fulfill
his obligation (give or to do)
2. Mora accipiendi delay on the part of the creditor to
accept the performance of the obligation
3. Compensatio morae delay of the obligors in reciprocal
obligations
 The debtor incurred delay if:
1. The obligation is demandable and already liquidated
2. The debtor delays performance
3. The creditor demand the performance judicially or
extrajudicially.
Example
Gaya obliged herself to deliver a determinate horse to
Tito on June 20. Gaya failed to delivered on the agreed
date. Is Gaya already on delay on June 20? Only when
Tito makes a judicial or extra-judicial demand and
from such date of demand that Gaya is considered on
default or delay.
Effects of delay
Effects of mora solvendi
1. The debtor is guilty of breach of obligation
2. Debtor is liable for interest or damages
3. Liable even in case of fortuitous event (determinate
thing). However, liability can be mitigated if he can
prove that the loss would have resulted just the same
even if he had not been in default.
- liable also in obligation to deliver indeterminate or
generic thing.
 Effect of mora accipiendi

1. Creditor guilty of breach of obligation

2. Liable for damages
3. Creditor bears the risk of loss of the thing due
4. Debtor not liable for interest
5. Debtor may release himself by the consignation or
deposit in court of the thing due.
 Effect of compensatio morae
Reciprocal obligations two person are creditor and
debtor of each other. The performance of one is
conditioned upon the simultaneous fulfilment on the
part of the other.

- the delay of the debtor cancels the delay of the

creditor and vice versa.
- each shall bear his own damages.
 Demand by the Creditor is not necessary to place
the debtor on delay when:

1. When the obligation expressly so provides

The mere fixing of the period is not sufficient to
constitute a delay. The obligation must expressly so
declare that demand is not necessary or words to that
effect.
Example: without the need of demand
the debtor will be in default
2. When the law so provides
The express provision of law that a debtor is in default.
For instance, taxes must be paid on the date prescribed
by law, and demand is not necessary in order that the
taxpayer is liable for penalties.

3. When time is of the essence

Because time is the essential factor in the fulfillment of
the obligation. Example, Gaya binds herself to sew the
wedding gown of Maya to be used by the latter on her
wedding date. Gaya did not deliver the wedding gown on
the date agreed upon. Even without demand, Gaya will be
in delay because time of the essence.
4. When demand would be useless
When the debtor cannot comply his obligation as when it is
beyond his power to perform. Like when the object of the
obligation is lost or destroyed through the fault of the debtor,
demand is not necessary.

5. In a reciprocal obligation, from the moment one of

the parties fulfills his obligation, delay to the other
begins
For instance, in a contract of sale, if the seller delivers the object to
the buyer and the buyer does not pay, then delay by the buyer
begins and vice versa, if the buyer pays and the seller did not
deliver the object, then the seller is on delay.
 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. (1101)

ART. 1171. Responsibility arising from fraud is

demandable in all obligations. Any waiver of an
action for future fraud is void. (1120a)

ART. 1172. Responsibility arising from

negligence in the performance of every king of
obligation is also demandable, but such liability
may be regulated by the courts, according to the
circumstances. (1130)
 ART. 1173. The fault or negligence of the obligor
consists in the omission of that diligence which is
required by the nature of the obligation and
corresponds with the circumstances of the persons,
of the time and of the place. When negligence shows
bad faith, the provisions of articles 1171 and 2201,
paragraph 2, shall apply.

If the law or contract does not state the diligence

of which is to be observed in the performance, that
which is expected of a good father of a family shall be
required. (1104a)
Sources of liability for damages:

1. Fraud (dolo) is the intentional or deliberate evasion of

the normal fulfillment of an obligation.
The fraud referred to is incidental fraud (not causal
fraud), that is, fraud incident to the performance of a pre-
existing obligation.

2. Negligence (culpa) consists in the omission by the

obligor of that diligence which is required by the nature
of the obligation and corresponds with the
circumstances of the person, of the time and of the
place. (Art. 1173, NCC)
 Sources of liability for damages:
3. Delay (Mora) like when there has been judicial or extra-
judicial demand and the debtor does not comply his
obligation, delay will occur.

4. In contravention of the tenor of the obligation refers to

the violation of the terms and conditions or defects in the
performance of the obligation, like when a landlord fails
to maintain a legal and peaceful possession of a tenant
being leased by the latter because the landlord was not
the owner and the real owner wants to occupy the land,
there is contravention of the tenor of the obligation.
 Sources of liability for damages:
3. Delay (Mora) like when there has been judicial or extra-
judicial demand and the debtor does not comply his
obligation, delay will occur.

4. In contravention of the tenor of the obligation refers to

the violation of the terms and conditions or defects in the
performance of the obligation, like when a landlord fails
to maintain a legal and peaceful possession of a tenant
being leased by the latter because the landlord was not
the owner and the real owner wants to occupy the land,
there is contravention of the tenor of the obligation.
 Other sources of liability for
damages

Loss of the thing with the fault of debtor.

Deterioration with the fault of debtor. (Art. 1189)

Kinds of Damages
1. Moral damages include physical sufferings, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feeling, moral shock, social
humiliation and similar injury.

2. Exemplary damages imposed by way of example or

correction for the public good.

Like in quasi-delicts, if the defendant acted with gross

negligence. (Art. 2231, NCC)
Kinds of Damages
3. Nominal damages are adjudicated in order that a right
of the plaintiff, which has been violated by the
defendant, may be vindicated or recognized and not for
the purpose of indemnifying the plaintiff for any loss
suffered by him. (Art. 2221, NCC)

4. Temperate or moderate damages are more than

nominal but less than compensatory damages may be
recovered when the courts finds that its amount cannot,
from the nature of the case, be proved with certainty.
Pecuniary loss means loss of money, or of something by
which money or something of money value may be
acquired. (Black Law Dict. P. 1131)
Kinds of Damages
5. Actual or compensatory damages except as provided
by law, or a stipulation, one is entitled to an adequate
compensation only for such pecuniary loss suffered by
him as he has duly proved. (Art. 2199, NCC)

Damages may be recovered:

For loss or impairment of earning capacity in cases of temporary
or permanent personal injury;
For injury, to the plaintiffs business standing or commercial
credit.
Kinds of Damages
6. Liquidated damages are those agreed upon by
parties to a contract to be paid in case of breach
thereof. (Art. 2226, NCC)
 Distinguish Fraud (Dolo) from
Negligence (culpa)
1. Dolo there is deliberate intent to cause damage or injury.
Culpa there is no deliberate intent to cause damage.

2. Dolo waiver of liability of future fraud is void (Art 1171).

Culpa waiver may in some cases be allowed.

3. Dolo fraud must be clearly proved.

Culpa presumed from breach of contractual obligation.

4. Dolo liability cannot mitigated by the courts.

Culpa may be reduced according to circumstances.
Kind of Negligence
1. Culpa contractual negligence in contracts resulting
in their breach. Negligence in the fulfilment of a pre-
existing contractual obligation

Example:
P is a passenger in a taxi. There is a contract of carriage
between P and the owner of the taxi company. In
consideration of the fare to be paid, the owner of the
taxi company through the driver, agrees to safely bring
P to his destination.
2. Culpa Aquiliana (Tort / Quasi-Delict)

Quasi-delict is an act or omission by a person which

causes damage to another, there being fault of
negligence, is obliged to pay for the damage done and
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.
 3. Culpa criminal negligence punished by law
(criminal negligence) Revised Penal Code
(imprisonment)

Example: (cannot recover more than once)

A Taxi passenger who became a victim of a vehicular
accident may sue the taxi operator under their contract
of carriage (culpa contractual).
Sue the driver of the vehicle which collided with the
taxi, since they dont have pre-existing contractual
obligation (Culpa aquiliana)
The negligent drivers may also be criminally
prosecuted for criminal negligence (culpa criminal)
Fault or negligence
- omission of that diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the person, time and place
- failure to observe for the protection of the interests of
another person, that degree of care, precaution and
vigilance which the circumstances justly demand,
whereby such other person suffers injury.
Kind of diligence
1. That agreed upon by the parties, orally or in writing
2. As required by law:
A. ordinary diligence that diligence expected of a good
father of a family
- reasonable care which an ordinary prudent person
would observed when confronted with a similar
situation
- applied when the contract and law is silent
B. Extraordinary diligence highest degree of care
because of the nature of the obligation (protect life,
interest, potential harm)
Example: common carriers, banks, pharmacies
 ART. 1174. Except in cases expressly specified
by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation
requires the assumption of risk, no person shall
be responsible for those events which could not
be foreseen, or which, though foreseen, were
inevitable (1105a)
 Fortuitous event is an event which cannot be foreseen,
or which, though foreseen, is inevitable.

1. act of God (force majeure) caused by nature such as

volcanic eruption, earthquake, lightning, etc. is now
similar
2. act of man caused by humans, such as conflagration,
war, robbery, etc.
2. As a general rule, no person shall be held responsible
for fortuitous events

Example Gaya obliged herself to deliver a determine car

to Tito on Dec. 30, 1998. Before the arrival of the period,
the car was struck by lightning and was totally destroyed.
Gaya cannot be held responsible for the destruction of the
car, hence her obligation to deliver is extinguished.
 Exceptions (when the person is responsible despite the
fortuitous even).
a. When the law expressly so provides, such as:
The debtor is guilty of fraud, negligence or in
contravention of the tenor of the obligation. (Art, 1170,
NCC)
The debtor has proved to deliver the same thing to two or
more persons who do not have the same interest. ( Art.
1165,NCC )
The thing to delivered is generic.
The debtor is guilty of default or delay. ( Art. 1169,NCC )
The debtor is guilty of contributory negligence.
b. When declared by stipulation;
c. When the nature of obligation requires the assumption of
risk. An example of this is a contract of insurance.
 ART. 1175. Usurious transaction shall be governed by special
laws.

Note: C.B. Circular No. 905 suspends the ceilings in the usury law.
Hence, parties can agree as to the rate of interest.

Kinds of interest
1. Conventional *The rate which is agreed upon by the
parties.
2. Legal Interest *The rate which is prescribed by law.
3. Lawful Interest *The rate which is agreed upon by the
parties but which rate is within the
rate authorized by law.
4. Usurious Interest *The rate which is in excess of the
maximum rate of interest allowed by
law.
 ART. 1176. The receipt of the principal by the
creditor without reservation with respect to the
interest, shall give rise to the presumption that said
interest has been paid.

The receipt of a later installment of a debt

without reservation as to prior installments, shall
likewise raise the presumption that such
installments have been paid. (1110a)

Presumption means the inference as to the

existence of a certain fact which if not contradicted is
considered as true.
 The presumption in the above article is a disputable
presumption, whereby one which can be contradicted
by presenting proof to the contrary while a conclusive
presumption does not admit any evidence or proof,
hence, it is considered as a fact.

Presumption under this article:

1. Receipt of the principal, without reservation as to the
interest, shall give rise to the presumption that the said
interest has been paid.
2. When the creditor issues a receipt of a later installment
of a debt without reservation as to prior installment,
such prior installment is presumed to have been paid.
 ART. 1177. The creditors, after having pursued the property in
possession of the debtor to satisfy their claims, may exercise all the
rights and bring all the actions of the latter for the same purpose,
save those which are inherent in his person; they may also impugn
the acts which the debtor may have done to defraud them. (1111)

Rights of Creditors
In order to satisfy their claims against the debtor, creditors have the
following successive rights:

1. to levy by attachment and execution upon all the property of the debtor,
except such as are exempt by law from execution;

2. to exercise all the rights and actions of the debtor, except, such as are
inherently personal to him; and

3. to ask for the rescission of the contracts made by the debtor in fraud of
their rights.
 ART. 1178. Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if there
has been no stipulation to the contrary. (1112)

As a rule, all rights acquired in virtue of an obligation are

transmissible, except in the following cases:
1. When the law so provides (parental authority, legal
support, contract for a piece of work).
2. When the parties stipulate otherwise by agreement of
parties that the rights acquired by them will not be
transmitted to any other person.
3. When the obligation is purely personal in nature
(painting, singing).