TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(Arts. 1156-1162)

(a) Passive subject (obligor or debtor)

(b) Object or prestation (subject matter of the obligation)
(c) Juridical or legal tie (vinculum or efficient cause)

1. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

2. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

3. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

2. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

1
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

3. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(c) Quasi-contracts (Art. 1160)

(d) Crimes or delicts (Art. 1161) (See Art. 2142)
(e) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

4. Requisites for quasi-delict.

2
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

10. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
1. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
2. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
3. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
4. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the

3
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

5. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

4
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

6. Requisites or elements of an obligation:

(d) Active subject (obligee or creditor)
(e) Passive subject (obligor or debtor)
(f) Object or prestation (subject matter of the obligation)
(g) Juridical or legal tie (vinculum or efficient cause)

7. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

8. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

9. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

10. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

5
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

11. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(f) Quasi-contracts (Art. 1160)

(g) Crimes or delicts (Art. 1161) (See Art. 2142)
(h) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

12. Requisites for quasi-delict.

6
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

11. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
8. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
9. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
10. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
11. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the

7
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
12. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
13. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
14. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

13. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

14. Requisites or elements of an obligation:

(h) Active subject (obligee or creditor)

8
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(i) Passive subject (obligor or debtor)

(j) Object or prestation (subject matter of the obligation)
(k) Juridical or legal tie (vinculum or efficient cause)

15. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

16. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

17. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

18. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

19. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

9
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(i) Quasi-contracts (Art. 1160)

(j) Crimes or delicts (Art. 1161) (See Art. 2142)
(k) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

20. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

10
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

12. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
15. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
16. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
17. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
18. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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

11
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
19. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
20. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
21. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

21. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”

12
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Distinguish an “obligation” from a “contract”

22. Requisites or elements of an obligation:

(l) Active subject (obligee or creditor)
(m) Passive subject (obligor or debtor)
(n) Object or prestation (subject matter of the obligation)
(o) Juridical or legal tie (vinculum or efficient cause)

23. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

24. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

25. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

26. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

13
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

27. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(l) Quasi-contracts (Art. 1160)

(m) Crimes or delicts (Art. 1161) (See Art. 2142)
(n) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

14
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

28. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

13. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
22. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
23. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
24. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
25. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan

15
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
26. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
27. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
28. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

29. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

30. Requisites or elements of an obligation:

16
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(p) Active subject (obligee or creditor)

(q) Passive subject (obligor or debtor)
(r) Object or prestation (subject matter of the obligation)
(s) Juridical or legal tie (vinculum or efficient cause)

31. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

32. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

33. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

34. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

35. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

17
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(o) Quasi-contracts (Art. 1160)

(p) Crimes or delicts (Art. 1161) (See Art. 2142)
(q) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

36. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

18
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

14. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
29. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
30. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
31. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
32. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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

19
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
33. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
34. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
35. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

37. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

38. Requisites or elements of an obligation:

20
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(t) Active subject (obligee or creditor)

(u) Passive subject (obligor or debtor)
(v) Object or prestation (subject matter of the obligation)
(w) Juridical or legal tie (vinculum or efficient cause)

39. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

40. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

41. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

42. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

43. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

21
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(r) Quasi-contracts (Art. 1160)

(s) Crimes or delicts (Art. 1161) (See Art. 2142)
(t) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

44. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage

22
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

15. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
36. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
37. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
38. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
39. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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

23
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
40. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
41. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
42. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

45. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

46. Requisites or elements of an obligation:

(x) Active subject (obligee or creditor)
(y) Passive subject (obligor or debtor)
(z) Object or prestation (subject matter of the obligation)

24
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aa) Juridical or legal tie (vinculum or efficient cause)

47. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

48. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

49. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

50. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

51. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

25
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(u) Quasi-contracts (Art. 1160)

(v) Crimes or delicts (Art. 1161) (See Art. 2142)
(w) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

52. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

26
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

16. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
43. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
44. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
45. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
46. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

27
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

47. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
48. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
49. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

53. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

54. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

28
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(x) Quasi-contracts (Art. 1160)

(y) Crimes or delicts (Art. 1161) (See Art. 2142)
(z) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

55. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

17. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

29
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
50. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
51. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
52. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
53. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
54. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

30
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

55. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
56. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

56. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

57. Requisites or elements of an obligation:

(bb) Active subject (obligee or creditor)
(cc) Passive subject (obligor or debtor)
(dd) Object or prestation (subject matter of the obligation)
(ee) Juridical or legal tie ( vinculum or efficient cause)

58. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

31
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

59. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

60. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

61. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

62. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

32
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aa)Quasi-contracts (Art. 1160)

(bb) Crimes or delicts (Art. 1161) (See Art. 2142)
(cc)Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

63. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

18. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

33
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

57. Under a building contract, Engr. So agreed to construct the house

of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
58. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
59. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
60. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
61. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
62. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?

34
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

63. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

64. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

65. Requisites or elements of an obligation:

(ff) Active subject (obligee or creditor)
(gg) Passive subject (obligor or debtor)
(hh) Object or prestation (subject matter of the obligation)
(ii) Juridical or legal tie ( vinculum or efficient cause)

66. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

35
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

67. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

68. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

69. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

70. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

36
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(dd) Quasi-contracts (Art. 1160)

(ee)Crimes or delicts (Art. 1161) (See Art. 2142)
(ff) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

71. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

19. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

37
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

64. Under a building contract, Engr. So agreed to construct the house

of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
65. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
66. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
67. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
68. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
69. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?

38
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

70. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

72. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

73. Requisites or elements of an obligation:

(jj) Active subject (obligee or creditor)
(kk) Passive subject (obligor or debtor)
(ll) Object or prestation (subject matter of the obligation)
(mm) Juridical or legal tie (vinculum or efficient cause)

74. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

39
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

75. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

76. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

77. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

78. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(gg) Quasi-contracts (Art. 1160)

(hh) Crimes or delicts (Art. 1161) (See Art. 2142)

40
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ii) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

79. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

20. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
71. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.

41
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
72. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
73. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
74. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
75. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
76. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
77. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be

42
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

80. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

81. Requisites or elements of an obligation:

(nn) Active subject (obligee or creditor)
(oo) Passive subject (obligor or debtor)
(pp) Object or prestation (subject matter of the obligation)
(qq) Juridical or legal tie ( vinculum or efficient cause)

82. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

43
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

83. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

84. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

85. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

86. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

44
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(jj) Quasi-contracts (Art. 1160)

(kk)Crimes or delicts (Art. 1161) (See Art. 2142)
(ll) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

87. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

21. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

45
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

78. Under a building contract, Engr. So agreed to construct the house

of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
79. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
80. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
81. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
82. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
83. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?

46
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

84. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

88. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

89. Requisites or elements of an obligation:

(rr) Active subject (obligee or creditor)
(ss) Passive subject (obligor or debtor)
(tt) Object or prestation (subject matter of the obligation)
(uu) Juridical or legal tie ( vinculum or efficient cause)

90. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

47
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

91. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

92. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

93. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

94. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(mm) Quasi-contracts (Art. 1160)

(nn) Crimes or delicts (Art. 1161) (See Art. 2142)

48
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(oo) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

95. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

22. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
85. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.

49
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
86. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
87. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
88. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
89. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
90. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
91. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be

50
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

96. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

97. Requisites or elements of an obligation:

(vv) Active subject (obligee or creditor)
(ww) Passive subject (obligor or debtor)
(xx) Object or prestation (subject matter of the obligation)
(yy) Juridical or legal tie (vinculum or efficient cause)

98. Distinction between “obligation”, “right” and “wrong or injury;”

Distinction between the following concepts: “right of action” and “accrual
of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

51
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

99. Elements of a legal wrong or injury, or the requisites in order that

a person may acquire a right of action in court against another to enforce
the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

100. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

101. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

102. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(pp) Quasi-contracts (Art. 1160)

52
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qq) Crimes or delicts (Art. 1161) (See Art. 2142)

(rr) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

103. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

23. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
92. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.

53
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
93. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
94. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
95. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, 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 by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
96. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
97. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
98. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be

54
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to pick. While climbing the tree, however, Pedro’s foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

104. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

105. Requisites or elements of an obligation:

(zz) Active subject (obligee or creditor)
(aaa) Passive subject (obligor or debtor)
(bbb) Object or prestation (subject matter of the obligation)
(ccc) Juridical or legal tie (vinculum or efficient cause)

106. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

55
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

107. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

108. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

109. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

110. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ss)Quasi-contracts (Art. 1160)

(tt) Crimes or delicts (Art. 1161) (See Art. 2142)

56
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(uu) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

111. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

24. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
99. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.

57
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
100. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
101. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
102. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
103. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
104. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

58
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Juan ordered ten-year old Pedro to climb a high and slippery santol tree,
and promised to give the boy 2 kilos of the santol he will be able to pick.
While climbing the tree, however, Pedro’s foot slipped. As a result, Pedro
fell from the tree to the ground and died instantaneously. Will Juan be
liable in d
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

112. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

113. Requisites or elements of an obligation:

(ddd) Active subject (obligee or creditor)
(eee) Passive subject (obligor or debtor)
(fff) Object or prestation (subject matter of the obligation)
(ggg) Juridical or legal tie (vinculum or efficient cause)

114. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

115. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

59
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

116. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

117. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

118. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(vv)Quasi-contracts (Art. 1160)

(ww) Crimes or delicts (Art. 1161) (See Art. 2142)
(xx)Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

60
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

119. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

25. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
105. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
106. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

61
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

107. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
108. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
109. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
110. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
111. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

62
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

120. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

121. Requisites or elements of an obligation:

(hhh) Active subject (obligee or creditor)
(iii) Passive subject (obligor or debtor)
(jjj) Object or prestation (subject matter of the obligation)
(kkk) Juridical or legal tie (vinculum or efficient cause)

122. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

123. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

63
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

124. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

125. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

126. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(yy)Quasi-contracts (Art. 1160)

(zz) Crimes or delicts (Art. 1161) (See Art. 2142)
(aaa) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

64
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

127. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

26. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
112. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
113. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

65
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

114. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
115. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
116. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
117. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
118. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

66
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

128. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

129. Requisites or elements of an obligation:

Active subject (obligee or creditor)
(lll)
(mmm) Passive subject (obligor or debtor)
(nnn) Object or prestation (subject matter of the obligation)
(ooo) Juridical or legal tie (vinculum or efficient cause)

130. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

131. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

67
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

132. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

133. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

134. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(bbb) Quasi-contracts (Art. 1160)

(ccc) Crimes or delicts (Art. 1161) (See Art. 2142)
(ddd) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

68
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

135. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

27. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
119. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
120. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

69
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
121. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
122. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
123. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
124. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
125. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

70
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

136. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

137. Requisites or elements of an obligation:

(ppp) Active subject (obligee or creditor)
(qqq) Passive subject (obligor or debtor)
(rrr) Object or prestation (subject matter of the obligation)
(sss) Juridical or legal tie (vinculum or efficient cause)

138. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

139. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

71
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

140. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

141. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

142. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(eee) Quasi-contracts (Art. 1160)

(fff) Crimes or delicts (Art. 1161) (See Art. 2142)
(ggg) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

72
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

143. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

28. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
126. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
127. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?

73
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

128. On November 15, 2014, Derek entered into an

agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
129. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
130. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
131. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
132. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

74
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

144. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

145. Requisites or elements of an obligation:

(ttt)Active subject (obligee or creditor)
(uuu) Passive subject (obligor or debtor)
(vvv) Object or prestation (subject matter of the obligation)
(www) Juridical or legal tie (vinculum or efficient cause)

146. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

147. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

148. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

149. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

150. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(hhh) Quasi-contracts (Art. 1160)

(iii) Crimes or delicts (Art. 1161) (See Art. 2142)

76
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(jjj) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

151. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

29. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
133. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to

77
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
134. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
135. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
136. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
137. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
138. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

78
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

139. Juan ordered ten-year old Pedro to climb a high and

slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

152. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

153. Requisites or elements of an obligation:

(xxx) Active subject (obligee or creditor)
(yyy) Passive subject (obligor or debtor)
(zzz) Object or prestation (subject matter of the obligation)
(aaaa) Juridical or legal tie (vinculum or efficient cause)

154. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

79
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

155. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

156. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

157. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

158. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(kkk) Quasi-contracts (Art. 1160)

(lll) Crimes or delicts (Art. 1161) (See Art. 2142)

80
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmm) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

159. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

30. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
140. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to

81
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
141. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
142. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
143. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
144. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
145. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

82
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

146. Juan ordered ten-year old Pedro to climb a high and

slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

160. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

161. Requisites or elements of an obligation:

(bbbb) Active subject (obligee or creditor)
(cccc) Passive subject (obligor or debtor)
(dddd) Object or prestation (subject matter of the obligation)
(eeee) Juridical or legal tie (vinculum or efficient cause)

162. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

83
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

163. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

164. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

165. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

166. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

84
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(nnn) Quasi-contracts (Art. 1160)

(ooo) Crimes or delicts (Art. 1161) (See Art. 2142)
(ppp) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

167. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

31. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

85
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

147. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
148. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
149. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
150. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
151. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
152. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

86
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
153. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

168. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

169. Requisites or elements of an obligation:

(ffff) Active subject (obligee or creditor)
(gggg) Passive subject (obligor or debtor)
(hhhh) Object or prestation (subject matter of the obligation)
(iiii) Juridical or legal tie ( vinculum or efficient cause)

170. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

87
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

171. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

172. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

173. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

174. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

88
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(qqq) Quasi-contracts (Art. 1160)

(rrr) Crimes or delicts (Art. 1161) (See Art. 2142)
(sss) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

175. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

32. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

89
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

154. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
155. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
156. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
157. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
158. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
159. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

90
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
160. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

(a) (b.1.) Positive – obligation to do (Art. 1167)

(b.2.) Negative – obligation not to do (Art. 1168)

176. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

177. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ttt) Quasi-contracts (Art. 1160)

91
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(uuu) Crimes or delicts (Art. 1161) (See Art. 2142)

(vvv) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

178. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

33. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
161. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to

92
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
162. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
163. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
164. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
165. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
166. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

93
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

167. Juan ordered ten-year old Pedro to climb a high and

slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

179. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

180. Requisites or elements of an obligation:

(jjjj) Active subject (obligee or creditor)
(kkkk) Passive subject (obligor or debtor)
(llll) Object or prestation (subject matter of the obligation)
(mmmm) Juridical or legal tie ( vinculum or efficient cause)

181. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

94
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

182. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

183. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

184. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

185. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(www) Quasi-contracts (Art. 1160)

(xxx) Crimes or delicts (Art. 1161) (See Art. 2142)

95
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(yyy) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)

 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

186. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

34. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
168. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to

96
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
169. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
170. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
171. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
172. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
173. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?

97
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

174. Juan ordered ten-year old Pedro to climb a high and

slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

187. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

188. Requisites or elements of an obligation:

(nnnn) Active subject (obligee or creditor)
(oooo) Passive subject (obligor or debtor)
(pppp) Object or prestation (subject matter of the obligation)
(qqqq) Juridical or legal tie (vinculum or efficient cause)

189. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

98
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

190. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

191. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

192. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

193. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

99
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(zzz) Quasi-contracts (Art. 1160)

(aaaa) Crimes or delicts (Art. 1161) (See Art. 2142)
(bbbb) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

194. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

35. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

100
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

175. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
176. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
177. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
178. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
179. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
180. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

101
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
181. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

195. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

196. Requisites or elements of an obligation:

(rrrr) Activesubject (obligee or creditor)
(ssss) Passive subject (obligor or debtor)
(tttt) Object or prestation (subject matter of the obligation)
(uuuu) Juridical or legal tie ( vinculum or efficient cause)

197. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

102
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Elido vs. CA, G.R. No. 95441, December 16, 1992.

198. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

199. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

200. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

201. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

103
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(cccc) Quasi-contracts (Art. 1160)

(dddd) Crimes or delicts (Art. 1161) (See Art. 2142)
(eeee) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

202. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

36. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :

104
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

182. Under a building contract, Engr. So agreed to construct

the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
183. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
184. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
185. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
186. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
187. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

105
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
188. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

203. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

204. Requisites or elements of an obligation:

(vvvv) Active subject (obligee or creditor)
(wwww) Passive subject (obligor or debtor)
(xxxx) Object or prestation (subject matter of the obligation)
(yyyy) Juridical or legal tie (vinculum or efficient cause)

106
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

205. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

206. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

207. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

208. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

209. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

107
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(ffff) Quasi-contracts (Art. 1160)

(gggg) Crimes or delicts (Art. 1161) (See Art. 2142)
(hhhh) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

210. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

37. Scope of civil liability arising from crimes :

108
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
189. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
190. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
191. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
192. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
193. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

109
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
194. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
195. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

211. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

212. Requisites or elements of an obligation:

(zzzz) Active subject (obligee or creditor)
(aaaaa) Passive subject (obligor or debtor)
(bbbbb) Object or prestation (subject matter of the obligation)
(ccccc) Juridical or legal tie (vinculum or efficient cause)

110
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

213. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

214. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

215. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

216. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

217. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

111
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(iiii)Quasi-contracts (Art. 1160)

(jjjj)Crimes or delicts (Art. 1161) (See Art. 2142)
(kkkk) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

218. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

38. Scope of civil liability arising from crimes :

112
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
196. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
197. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
198. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
199. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
200. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

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gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
201. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
202. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

219. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

220. Requisites or elements of an obligation:

(ddddd) Active subject (obligee or creditor)
(eeeee) Passive subject (obligor or debtor)
(fffff) Object or prestation (subject matter of the obligation)

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(ggggg) Juridical or legal tie (vinculum or efficient cause)

221. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

222. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

223. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

224. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

225. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(llll)Quasi-contracts
(Art. 1160)
(mmmm) Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnn) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

226. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

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39. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
203. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
204. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
205. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
206. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?

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TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

207. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
208. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
209. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

227. “Obligation” defined. (Art. 1156)

(a) Explain why an obligation is a “juridical necessity.”
(b) Distinguish an “obligation” from a “contract”

228. Requisites or elements of an obligation:

(hhhhh) Active subject (obligee or creditor)
(iiiii) Passive subject (obligor or debtor)
(jjjjj) Object or prestation (subject matter of the obligation)
(kkkkk) Juridical or legal tie ( vinculum or efficient cause)

118
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

229. Distinction between “obligation”, “right” and “wrong or

injury;” Distinction between the following concepts: “right of action” and
“accrual of cause of action.”

CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.

Elido vs. CA, G.R. No. 95441, December 16, 1992.

230. Elements of a legal wrong or injury, or the requisites in

order that a person may acquire a right of action in court against another
to enforce the performance of the latter’s obligation.
 What is damnum absque injuria?

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.

231. Kinds of obligations from the viewpoint of subject matter :

(a) Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

232. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law
(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

233. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990

119
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Contracts (Art. 1159) – NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

(oooo) Quasi-contracts (Art. 1160)

(pppp) Crimes or delicts (Art. 1161) (See Art. 2142)
(qqqq) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)
 test of negligence (Art. 1173)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976

NOTE: Be able to give examples of obligations arising from each of the

sources under Article 1157.
2 principal kinds of quasi-contracts :
(c) Negotiorum Gestio (Art. 2144)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012

234. Requisites for quasi-delict.

(a) Act or omission (d) Causal connection between

(b) Fault or negligence fault and damage
(e) No pre-existing contractual
(c) Damage
relations

120
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

40. Scope of civil liability arising from crimes :

(a) restitution (b) reparation (c) indemnification

APPLICATION/PROBLEMS :
210. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to
pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.
211. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
agreed to attend mass for four consecutive Sundays. Is this obligation
legally enforceable?
212. On November 15, 2014, Derek entered into an
agreement with Caitlyn. Among other things, the parties agreed that: (a)
Caitlyn will lend P100,000.00 to Derek who promises to pay the loan on
January 15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to raise
the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
213. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, 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 by Don. Before
the typhoon, however, reached the Philippine area of responsibility,
Conan, a conscientious neighbour and friend of Don, employed six (6)
farmers to harvest the lanzones planted on the land of Don. As a result,
Conan incurred expenses amounting to P60,000.00. 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 U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
214. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

121
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
215. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
216. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol he
will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of Pedro?

*** END ***

217. amages for the death of Pedro?

*** END ***

122