ARTICLE 1156-1160 PRESTATION- Ito ay hindi bagay ngunit

ito ay partikular na gawain ng may

What is an Obligation? pananagutan (debtor)ito ay pweding
Obligation is a judicial necessity to masalasay sa pag bigay, pag-gawa o
give,to do or not to do. hindi pagawa.

Obligation derived from the latin word KINDS OF PRESTATION

“obligatio” meaning tying or binding.
Juridical necessity connote that in 1. from the viewpoint of performance;
case of non compliance, there will be
legal sanction. a) Positive obligation or the obligation
to give or to do.
Ang ibig sabihin ng Judicial necessity ay b) Negative obligation or the obligation
ang hidi pagsunod sa kasunduan ay not to do.
magdodolot ng kaparusahang naaayun
sa batas. 2. From the viewpoint of the subject
matter or prestation, it may be;
Oblegee or Creditor- One to whom an
obligation is due,(Ang pinag a) A personal obligation or the
kakautangan.) obligation to do or not to do;
b) A real obligation or the obligation to
Obligor or Debtor- One obliged to do give;
something,(may sagutin o pananagutan) i. Determinate or specific thing-
Object is particularly designated or
DISCUSSION: physical segregated from all others of
the same class;
ii. Generic-object is designated merely
ELEMENTS OF OBLIGATION by its class or genus;
iii. Limited generic thing- when the
1. Active subject- Known as the generic objects are confined to a
oblegee or creditor,who can demand the particular class,
fulfillment of the obligation; example; an obligation to deliver one of
2. Passive Subject-Known as the my horse.
obligor, againts whom the obligation is
juridically demandable; 3. From the view point of sanctions, it
3. Object or Prestation- The subject may be;
matter of the obligation which has an
economic value or susceptible of
pecuniary substitution in case of a) Civil obligation which give a right of
noncompliance. action to compel their performance;
4. Efficient cause- The vinculum or b) Natural obligations which is not
juridical tie which bind the parties to the based on positive law but on equity and
obligation and which may arise from natural law, do not grant a right of action
either bilateral or unilateral acts of to enforce their performance, but after
persons. voluntary fulfillment by the obligor, they
authorize retention of what has been b) Individual and collective – Individual,
delivered or rendered by reason thereof. where there is only one
obligor; and collective, where there are
CLASSIFICATION OF OBLIGATION several obligors. The latter may be (1)
joint, when each obligor is liable only for
his proportionate share of obligations, or
1. As to the primary classification (2) solidary, when each obligor may be
under the civil code; held liable for the entire obligation.
a) Pure and conditional (Art 1179-1192).
b) With a period (Art. 1193-1198)
c) Alternative and facultative (Art 199- 5. As to object;
1206)
d) Joint and solidary (Art 1207-1222) a) Determinate and generic –
e) Divisible and indivisible determinate, when the object is specific;
f) With a penal clause and generic, when the object is
2. classification of a secondary designated by its class or genus;
character gathered from the scattered b) Simple and multiple – simple, when
provisions of the civil code. there is only one undertaking; and
a) Legal conventional, and penal (Art multiple, when there are several
1158-1162) undertakings. Multiple obligations
b) Real and personal (Art 1163-1168) may be:
c) Determinate and generic (Art 1167-
1166) i. Conjunctive – when all the
d) Positive and negative (Art 1167-1168) undertakings are demandable at the
e) Unilateral and bilateral (Art 1169- same
1191) time; or
f) Individual and collective (art ii. Distributive – when only one
1207,1223) undertaking out of several is
g) Accessory and principal (Art 1166- demandable. Distributive obligations
1226) may be:

3. As to judicial Quality; 1. Alternative – when the obligor is

allowed to choose one out of several
a) Natural- the obligation is in obligations which may be due and
accordance with natural law. demandable;
b) Civil- the obligation is in accordance 2. Facultative- when the obligor is
with positive law; allowed to substitute another obligation
c) Mixed-the obligation is in accordance for one which is due and demandable.
with both natural and positive law.
c) Positive and negative- when the
4. As to parties; obligor is obliged to give or do
something; and negative, when the
a) Unilateral and bilateral – unilateral, obligor must refrain from giving or doing
where only one party is bound and something;
bilateral, where both parties are d) real and personal-when the obligation
mutually and reciprocally bound;and consists in giving something; and
personal, when the obligation consists in (1) Law;
doing or not doing something. (2) Contracts;
e) Possible and impossible- when the (3) Quasi-contracts;
obligation is capable of fulfillment in (4) Acts or omissions punished by
nature as in law; and imposible, when law; and
the obligation is not capable of fullfiment (5) Quasi-delicts. (1089a)
either in nature of law;
f) Divisible and indivisible- Divisible ARTICLE 1158
when the obligation is susceptible of Obigations derived from law are not
partial performance; Indivisible is when presumed. Only those expressly
the obligation is not susceptible of determined in this Code or in special
partial performance. laws are demandable, and shall be
g) Accessory and principal- principal is regulated by the precepts of the law
when it is the main undertaking. which establishes them; and as to
Accessory is when it is merely an what has not been foreseen, by the
undertaking to guarantee the fulfillment provisions of this Book.
of the principal obligation.
Ang mga obligasyon na hango sa batas
6. As to perfection and ay hindi inaakala. Ang mga obligasyon
extinguishment lamang na hayagang nakasaad sa Code
na ito at sa mga espesyal na batas ang
a) Pure-the obligation is not subject to may bisa, at pinapatakbo ng mga utos
any condition or term and is immediately ng batas na nagtatag ng mga ito; para
demandable. sa mga obligasyon na hindi inaasahan,
b) Conditional- The obligation is subject sila ay bibigyang bisa ng probisyon ng
to a condition which may be; Libro na ito.
i. Suspensive- in which case the
happening or fullfilment of the condition DISCUSSION:
results in the birth of the obligation; or
ii. Resolutory- in which case the
happening or fulfillment of the condition LAW (OBLIGATION EX LEGE)
results in the extinguishment of the • Must be expressly or impliedly set forth
obligation. and cannot be presumed
c) with a term of period- the obligation is Obligation derived from law are not
subject to a term or period which may presumed. Only those expressly
be; determined in this code or in special
i. Suspensive or from a day certain- the laws are demandable, and shall be
obligation is demandable only upon the regulated by the precepts of the law
expiration of the term. which establishes them; and as to what
ii. Resolution or to a day certain- the has not been foreseen, by the provision
obligation terminates upon the of this book.
expiration of the term.
SOURCES: Article 1090, old civil Code
ARTICLE. 1157
SOURCES OF OBLIGATION Serrano vs Central bank
Obligations arise from:
Petition for mandamus and prohibition, from depositary’s failure to return the
with preliminary injunction that pursues subject matter of the deposit
the creation of joint and solidary liability
against the respondent. WHEREFORE, the petition is dismissed
for lack of merit, with costs against
FACTS petitioner.
Serrano filed a case against Overseas
Bank and Central bank so that they may ARTICLE 1159
jointly separately liable, because, the
P350K worth of time deposits by
Serrano in overseas bank of Manila is OBLIGATIONS ARISING FROM
not successful when he made a series CONTRACTS HAVE THE FORCE OF
of encashment, because on the alleged LAW BETWEEN THE CONTRACTING
failure of the Overseas Bank of Manila PARTIES AND SHOULD BE
to return the time deposits made by COMPLIED WITH IN GOOD FAITH.
petitioner and assigned to him, because
respondent Central Bank failed in its Ang mga obligasyon na nag simula sa
duty to exercise strict supervision over mga kontrata at nagkaroon ng bisa sa
respondent Overseas Bank of Manila to batas sa pagitan ng mga nagkasundong
protect depositors and the general partido ay dapat gampanan ito ng may
public. mabuting kalooban. *Distinction
between Obligation […]
ISSUE
Whether the Central Bank is Liable for DISCUSSION:
the case filed?
CONTRACT (OBLIGATION EX
HELD CONTRACTU)
No, Bank deposits are in the nature of • Must be complied with in good faith
irregular deposits. They are really loans • it is the “law” between parties;
because they earn interest. All kinds of • neither party may unilaterally evade his
bank deposits, whether fixed, savings, obligation in the contract, unless:
or current are to be treated as loans and a. Contract authorizes it
are to be covered by the law on loans. b. Other party assents
Current and savings deposit are loans to • Parties may freely enter into any
a bank because it can use the same. stipulations provided they are not
The petitioner here in making time contrary to law, morals, good customs,
deposits that earn interests with public order or public policy.
respondent Overseas Bank of Manila
was in reality a creditor of the ARTICLE 1160
respondent Bank and not a depositor.
The respondent Bank was in turn a
Obligations derived from quasi-
debtor of petitioner. Failure of the
contracts shall be subject to the
respondent Bank to honor the time
provisions of Chapter I, Title XVII of
deposit is failure to pay s obligation as a
this Book.
debtor and not a breach of trust arising
Ang mga obligasyong galing sa quasi-
contracts ay maipapasailalim sa mga
probisyong nakasaad sa Chapter I, Title
XVII ng Librong ito.

DISCUSSION:

QUASI-CONTRACT (OBLIGATION EX
QUASICONTRACTU)

• Juridical relation resulting from lawful,

voluntary and unilateral acts, which has
for its purpose, the payment of
indemnity to the end that no one shall
be unjustly enriched or benefited at the
expense of another.
• Distinguished from other Sources
1. act giving rise to a quasi contract
must be LAWFUL distinguishing it from
delict;
2. act must be VOLUNTARY
distinguishing it from quasi-delict which
is based on fault or negligence;
3. act must be UNILATERAL
distinguishing it from contract which is
based on agreement.

KINDS OF QUASI-CONTRACT
• Negotiorum gestio:
unauthorized management; arises
whenever a person voluntarily takes
charge of the agency or management of
another’s abandoned business or
property without the latter’s authority
• Solutio indebiti:
undue payment. Arises when a person
unduly delivers a thing through mistake
to another who has no right to demand it
(must not be through liberality or some
other cause)