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

(Arts. 1156-1162)
(Arts. 1156-1162)

(a) Moral obligations – the sanction is conscience

2. 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.

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

 concept of quantum meruit

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

3. 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

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

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

4. “Obligation” defined. (Art. 1156)

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

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

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

5. Requisites or elements of an obligation:

(a) Active subject (obligee or creditor)
(b) Passive subject (obligor or debtor)
(c) Object or prestation (subject matter of the obligation)
(d) Juridical or legal tie (vinculum or efficient cause)

6. 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.

7. 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.

8. 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)

9. Kinds of obligations from the viewpoint of sanction :

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

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

(c) Moral obligations – the sanction is conscience

10. 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

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

11. 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

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

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

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?
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 ***

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)

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

12. “Obligation” defined. (Art. 1156)

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

13. Requisites or elements of an obligation:

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

14. 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.

15. 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.

16. 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)

17. Kinds of obligations from the viewpoint of sanction :

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

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

18. 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

(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

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

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

19. 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

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

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

20. “Obligation” defined. (Art. 1156)

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

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

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

21. Requisites or elements of an obligation:

(i) Active subject (obligee or creditor)
(j) Passive subject (obligor or debtor)
(k) Object or prestation (subject matter of the obligation)
(l) Juridical or legal tie (vinculum or efficient cause)

22. 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.

23. 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.

24. 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)

25. 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

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

26. 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

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

27. 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

14
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

28. “Obligation” defined. (Art. 1156)

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

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

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

29. Requisites or elements of an obligation:

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

30. 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.

31. 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.

32. 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)

33. 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

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

34. 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

(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

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

35. 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

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

18
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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

36. “Obligation” defined. (Art. 1156)

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

37. Requisites or elements of an obligation:

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

(q) Active subject (obligee or creditor)

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

38. 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. 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.

40. 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)

41. 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

42. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

20
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

43. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

21
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

22
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 ***

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

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

44. 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

45. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

23
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

46. 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
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?
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

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

47. “Obligation” defined. (Art. 1156)

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

48. Requisites or elements of an obligation:

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

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

49. 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.

50. 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.

51. 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)

52. 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

53. 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

27
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

54. 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 :

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

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

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

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

pieces of P100 bills. Can you be compelled to return the excess

considering the negligence of the bank’s teller?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

55. “Obligation” defined. (Art. 1156)

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

56. Requisites or elements of an obligation:

(y) Active subject (obligee or creditor)
(z) Passive subject (obligor or debtor)
(aa) Object or prestation (subject matter of the obligation)
(bb) Juridical or legal tie ( vinculum or efficient cause)

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

57. 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.

58. 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. 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)

60. 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

61. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

31
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

(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

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

18. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

63. “Obligation” defined. (Art. 1156)

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

64. Requisites or elements of an obligation:

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

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

65. 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.

66. 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.

67. 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)

68. 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

69. 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

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

CASE: Prisma Construction and Development Corporation vs.

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

(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

70. 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 :

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

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

APPLICATION/PROBLEMS :
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

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

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?
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 ***

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)

71. “Obligation” defined. (Art. 1156)

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

72. Requisites or elements of an obligation:

(gg) Active subject (obligee or creditor)

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

(hh) Passive subject (obligor or debtor)

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

73. 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.

74. 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.

75. 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)

76. 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

77. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

39
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

(gg) Quasi-contracts (Art. 1160)

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

78. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

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

(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.
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

41
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?
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
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)

79. “Obligation” defined. (Art. 1156)

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

80. Requisites or elements of an obligation:

(kk) Active subject (obligee or creditor)
(ll) Passive subject (obligor or debtor)
(mm) Object or prestation (subject matter of the obligation)

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

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

81. 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.

82. 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.

83. 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)

84. 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

85. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

43
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

(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

86. 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

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

21. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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?

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

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?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

87. “Obligation” defined. (Art. 1156)

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

88. Requisites or elements of an obligation:

(oo) Active subject (obligee or creditor)
(pp) Passive subject (obligor or debtor)

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

(qq) Object or prestation (subject matter of the obligation)

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

89. 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.

90. 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.

91. 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)

92. 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

93. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

47
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

(mm) Quasi-contracts (Art. 1160)

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

94. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

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

(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.
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

49
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?
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
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)

95. “Obligation” defined. (Art. 1156)

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

96. Requisites or elements of an obligation:

(ss) Active subject (obligee or creditor)
(tt) Passive subject (obligor or debtor)
(uu) Object or prestation (subject matter of the obligation)

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

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

97. 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.

98. 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.

99. 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)

100. 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

101. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

51
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

(pp) Quasi-contracts (Art. 1160)

(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

102. 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

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

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.
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?

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

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?
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)

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

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

104. Requisites or elements of an obligation:

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

105. 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.

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

106. 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.

107. 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)

108. 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

109. 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)

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

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

(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

110. 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 :
98. 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.

56
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.
99. 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?
100. 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?
101. 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?
102. 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?
103. 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?

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

104. 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)

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

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

112. Requisites or elements of an obligation:

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

113. 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.

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

114. 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.

115. 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)

116. 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

117. 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)

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

(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

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

118. 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

60
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.
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?
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?

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

120. Requisites or elements of an obligation:

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

121. 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.

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

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

122. 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.

123. 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)

124. 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

125. 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

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

(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

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

126. 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 :

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

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?
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

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

128. Requisites or elements of an obligation:

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

129. 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.

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

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

130. 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.

131. 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)

132. 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

133. 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

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

(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)

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

134. 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 :

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

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
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

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

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?

*** 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)

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

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

136. Requisites or elements of an obligation:

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

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

137. 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.

138. 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.

139. 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)

140. 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

141. 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

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

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

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

142. 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 :

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

(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?
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

73
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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

144. Requisites or elements of an obligation:

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

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

145. 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.

146. 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.

147. 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)

148. 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

149. 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

75
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)
(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

150. 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 :

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

(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
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

77
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?
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?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

152. Requisites or elements of an obligation:

(uuu) Active subject (obligee or creditor)
(vvv) Passive subject (obligor or debtor)
(www) Object or prestation (subject matter of the obligation)

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

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

153. 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.

154. 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.

155. 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)

156. 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

157. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

79
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

(kkk) Quasi-contracts (Art. 1160)

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

158. 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

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

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
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?

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

160. Requisites or elements of an obligation:

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

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

161. 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.

162. 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.

163. 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)

164. 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

165. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

83
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

(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

166. 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

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

31. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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

85
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?
152. 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?
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 ***

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

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

167. 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

168. 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

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

CASE: Prisma Construction and Development Corporation vs.

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

(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

169. 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

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

APPLICATION/PROBLEMS :
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?

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

159. 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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

171. Requisites or elements of an obligation:

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

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

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

89
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.

173. 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.

174. 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)

175. 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

176. 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

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

(ttt) Quasi-contracts
(Art. 1160)
(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

177. 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 :

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

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
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

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

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

179. Requisites or elements of an obligation:

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

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

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

93
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.

181. 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.

182. 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)

183. 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

184. 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

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

(www) Quasi-contracts (Art. 1160)

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

185. 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

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

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
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?

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

187. Requisites or elements of an obligation:

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

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

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

97
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.

189. 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.

190. 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)

191. 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

192. 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

98
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

193. 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 :

99
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

100
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 ***

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)

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

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

195. Requisites or elements of an obligation:

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

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

196. 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.

197. 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.

198. 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)

199. 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

200. 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

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

CASE: Prisma Construction and Development Corporation vs.

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

(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

201. 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 :

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

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

APPLICATION/PROBLEMS :
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

104
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?
187. 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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

203. Requisites or elements of an obligation:

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

105
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

204. 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.

205. 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.

206. 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)

207. 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

208. 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

106
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

209. 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 :

107
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

108
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

211. Requisites or elements of an obligation:

(wwww) Active subject (obligee or creditor)
(xxxx) Passive subject (obligor or debtor)
(yyyy) Object or prestation (subject matter of the obligation)

109
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

212. 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.

213. 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.

214. 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)

215. 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

216. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

110
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

(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

217. 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

111
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

38. Scope of civil liability arising from crimes :

(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?

112
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

219. Requisites or elements of an obligation:

(aaaaa) Active subject (obligee or creditor)
(bbbbb) Passive subject (obligor or debtor)
(ccccc) Object or prestation (subject matter of the obligation)
(ddddd) Juridical or legal tie (vinculum or efficient cause)

113
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

220. 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.

221. 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.

222. 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)

223. 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

224. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

114
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

225. 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

115
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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

116
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?
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 ***

210. amages for the death of Pedro?

*** END ***

211. 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?
212. 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

117
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
213. 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?
214. 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?
215. 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)

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

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

118
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

227. Requisites or elements of an obligation:

(eeeee) Active subject (obligee or creditor)
(fffff) Passive subject (obligor or debtor)
(ggggg) Object or prestation (subject matter of the obligation)
(hhhhh) Juridical or legal tie (vinculum or efficient cause)

228. 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.

229. 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.

230. 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)

231. 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

119
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

232. 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

(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

120
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

233. 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

40. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
216. 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.
217. 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?
218. 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?
219. 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,

121
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
220. 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?
221. 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?
222. 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)

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

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

122
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

235. Requisites or elements of an obligation:

(iiiii) Active subject (obligee or creditor)
(jjjjj) Passive subject (obligor or debtor)
(kkkkk) Object or prestation (subject matter of the obligation)
(lllll) Juridical or legal tie ( vinculum or efficient cause)

236. 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.

237. 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.

238. 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)

239. 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

240. Sources of obligations : (Art. 1157)

123
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(rrrr) Quasi-contracts (Art. 1160)

(ssss) Crimes or delicts (Art. 1161) (See Art. 2142)
(tttt) 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

241. Requisites for quasi-delict.

124
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

41. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
223. 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.
224. 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?
225. 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?
226. 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

125
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
227. 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?
228. 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?
229. 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)

126
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

243. Requisites or elements of an obligation:

(mmmmm) Active subject (obligee or creditor)
(nnnnn) Passive subject (obligor or debtor)
(ooooo) Object or prestation (subject matter of the obligation)
(ppppp) Juridical or legal tie (vinculum or efficient cause)

244. 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.

245. 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.

246. 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)

247. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

127
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

248. 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

(uuuu) Quasi-contracts (Art. 1160)

(vvvv) Crimes or delicts (Art. 1161) (See Art. 2142)
(wwww) 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

128
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

249. 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

42. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
230. 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.
231. 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?
232. 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?
233. 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

129
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
234. 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?
235. 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?
236. 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)

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

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

130
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

251. Requisites or elements of an obligation:

(qqqqq) Active subject (obligee or creditor)
(rrrrr) Passive subject (obligor or debtor)
(sssss) Object or prestation (subject matter of the obligation)
(ttttt) Juridical or legal tie (vinculum or efficient cause)

252. 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.

253. 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.

254. 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)

255. 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

131
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

256. 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

(xxxx) Quasi-contracts (Art. 1160)

(yyyy) Crimes or delicts (Art. 1161) (See Art. 2142)
(zzzz) 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

132
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

257. 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

43. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
237. 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.
238. 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?
239. 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?
240. 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,

133
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
241. 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?
242. 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?
243. 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)

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

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

134
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

259. Requisites or elements of an obligation:

(uuuuu) Active subject (obligee or creditor)
(vvvvv) Passive subject (obligor or debtor)
(wwwww) Object or prestation (subject matter of the
obligation)
(xxxxx) Juridical or legal tie ( vinculum or efficient cause)

260. 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.

261. 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.

262. 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)

263. Kinds of obligations from the viewpoint of sanction :

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

135
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

264. 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

(aaaaa) Quasi-contracts (Art. 1160)

(bbbbb) Crimes or delicts (Art. 1161) (See Art. 2142)
(ccccc) 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

136
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

265. 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

44. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
244. 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.
245. 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?
246. 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?
247. 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)

137
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
248. 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?
249. 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?
250. 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)

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

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

138
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

267. Requisites or elements of an obligation:

(yyyyy) Active subject (obligee or creditor)
(zzzzz) Passive subject (obligor or debtor)
(aaaaaa) Object or prestation (subject matter of the obligation)
(bbbbbb) Juridical or legal tie ( vinculum or efficient cause)

268. 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.

269. 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.

270. 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)

271. 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

139
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

272. 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

(ddddd) Quasi-contracts (Art. 1160)

(eeeee) Crimes or delicts (Art. 1161) (See Art. 2142)
(fffff) 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

273. Requisites for quasi-delict.

140
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

45. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
251. 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.
252. 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?
253. 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?
254. 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

141
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
255. 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?
256. 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?
257. 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)

274. 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

275. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

142
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

(ggggg) Quasi-contracts (Art. 1160)

(hhhhh) Crimes or delicts (Art. 1161) (See Art. 2142)
(iiiii) 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

276. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

143
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

46. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
258. 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.
259. 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?
260. 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?
261. 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

144
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?
262. 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?
263. 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?
264. 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)

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

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

278. Requisites or elements of an obligation:

(cccccc) Active subject (obligee or creditor)
(dddddd) Passive subject (obligor or debtor)

145
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(eeeeee) Object or prestation (subject matter of the obligation)

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

279. 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.

280. 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.

281. 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)

282. 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

283. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

146
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

(jjjjj) Quasi-contracts (Art. 1160)

(kkkkk) Crimes or delicts (Art. 1161) (See Art. 2142)
(lllll) 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

284. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

147
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

47. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
265. 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.
266. 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?
267. 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?
268. 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

148
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?
269. 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?
270. 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?
271. 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)

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

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

149
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

286. Requisites or elements of an obligation:

(gggggg) Active subject (obligee or creditor)
(hhhhhh) Passive subject (obligor or debtor)
(iiiiii) Object or prestation (subject matter of the obligation)
(jjjjjj) Juridical or legal tie (vinculum or efficient cause)

287. 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.

288. 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.

289. 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)

290. 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

291. Sources of obligations : (Art. 1157)

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

(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

(mmmmm) Quasi-contracts (Art. 1160)

(nnnnn) Crimes or delicts (Art. 1161) (See Art. 2142)
(ooooo) 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

292. Requisites for quasi-delict.

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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

48. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
272. 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.
273. 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?
274. 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?
275. 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

152
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
276. 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?
277. 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?
278. 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)

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

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

294. Requisites or elements of an obligation:

153
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(kkkkkk) Active subject (obligee or creditor)

(llllll) Passive subject (obligor or debtor)
(mmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnn) Juridical or legal tie ( vinculum or efficient cause)

295. 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.

296. 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.

297. 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)

298. 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

299. Sources of obligations : (Art. 1157)

154
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(ppppp) Quasi-contracts (Art. 1160)

(qqqqq) Crimes or delicts (Art. 1161) (See Art. 2142)
(rrrrr) 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

300. Requisites for quasi-delict.

(a) Act or omission

155
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

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

49. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
279. 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.
280. 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?
281. 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?
282. 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

156
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
283. 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?
284. 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?
285. 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)

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

157
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

302. Requisites or elements of an obligation:

(oooooo) Active subject (obligee or creditor)
(pppppp) Passive subject (obligor or debtor)
(qqqqqq) Object or prestation (subject matter of the obligation)
(rrrrrr) Juridical or legal tie (vinculum or efficient cause)

303. 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.

304. 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.

305. 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)

306. Kinds of obligations from the viewpoint of sanction :

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

158
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

307. 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

(sssss) Quasi-contracts (Art. 1160)

(ttttt) Crimes or delicts (Art. 1161) (See Art. 2142)
(uuuuu) 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

308. 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

50. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
286. 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.
287. 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?
288. 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?
289. 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)

160
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
290. 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?
291. 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?
292. 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)

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

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

161
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

310. Requisites or elements of an obligation:

(ssssss) Active subject (obligee or creditor)
(tttttt) Passive subject (obligor or debtor)
(uuuuuu) Object or prestation (subject matter of the obligation)
(vvvvvv) Juridical or legal tie ( vinculum or efficient cause)

311. 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.

312. 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.

313. 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)

314. 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

162
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

315. 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

(vvvvv) Quasi-contracts (Art. 1160)

(wwwww) Crimes or delicts (Art. 1161) (See Art. 2142)
(xxxxx) 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

316. Requisites for quasi-delict.

163
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

51. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
293. 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.
294. 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?
295. 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?
296. 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

164
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
297. 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?
298. 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?
299. 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)

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

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

165
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

318. Requisites or elements of an obligation:

(wwwwww) Active subject (obligee or creditor)
(xxxxxx) Passive subject (obligor or debtor)
(yyyyyy) Object or prestation (subject matter of the obligation)
(zzzzzz) Juridical or legal tie (vinculum or efficient cause)

319. 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.

320. 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.

321. 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)

322. 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

323. 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

(yyyyy) Quasi-contracts (Art. 1160)

(zzzzz) Crimes or delicts (Art. 1161) (See Art. 2142)
(aaaaaa) 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

324. 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

52. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
300. 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.
301. 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?
302. 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?
303. 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,

168
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
304. 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?
305. 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?
306. 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)

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

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

169
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

326. Requisites or elements of an obligation:

(aaaaaaa) Active subject (obligee or creditor)
(bbbbbbb) Passive subject (obligor or debtor)
(ccccccc) Object or prestation (subject matter of the
obligation)
(ddddddd) Juridical or legal tie (vinculum or efficient cause)

327. 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.

328. 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.

329. 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)

330. 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

170
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

331. 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

(bbbbbb) Quasi-contracts (Art. 1160)

(cccccc) Crimes or delicts (Art. 1161) (See Art. 2142)
(dddddd) 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

332. Requisites for quasi-delict.

171
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

53. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
307. 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.
308. 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?
309. 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?
310. 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

172
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
311. 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?
312. 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?
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)

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

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

334. Requisites or elements of an obligation:

(eeeeeee) Active subject (obligee or creditor)
(fffffff) Passive subject (obligor or debtor)
(ggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhh) Juridical or legal tie (vinculum or efficient cause)

173
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

335. 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.

336. 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.

337. 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)

338. 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

339. 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

174
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

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

(eeeeee) Quasi-contracts (Art. 1160)

(ffffff) Crimes or delicts (Art. 1161) (See Art. 2142)
(gggggg) 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

340. 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

54. Scope of civil liability arising from crimes :

175
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

APPLICATION/PROBLEMS :
313. 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.
314. 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?
315. 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?
316. 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?
317. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

176
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?
318. 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?
319. 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)

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

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

342. Requisites or elements of an obligation:

(iiiiiii) Active subject (obligee or creditor)
(jjjjjjj) Passive subject (obligor or debtor)
(kkkkkkk) Object or prestation (subject matter of the
obligation)
(lllllll) Juridical or legal tie (vinculum or efficient cause)

177
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

343. 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.

344. 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.

345. 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)

346. 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

347. 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

178
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

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

(hhhhhh) Quasi-contracts (Art. 1160)

(iiiiii) Crimes or delicts (Art. 1161) (See Art. 2142)
(jjjjjj) 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

348. 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

55. Scope of civil liability arising from crimes :

179
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

APPLICATION/PROBLEMS :
320. 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.
321. 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?
322. 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?
323. 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?
324. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

180
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?
325. 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?
326. 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)

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

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

350. Requisites or elements of an obligation:

(mmmmmmm) Active subject (obligee or creditor)
(nnnnnnn) Passive subject (obligor or debtor)

181
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ooooooo) Object or prestation (subject matter of the

obligation)
(ppppppp) Juridical or legal tie (vinculum or efficient cause)

351. 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.

352. 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.

353. 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)

354. 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

355. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

182
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

(kkkkkk) Quasi-contracts (Art. 1160)

(llllll) Crimes or delicts (Art. 1161) (See Art. 2142)
(mmmmmm) 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

356. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

183
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

56. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
327. 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.
328. 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?
329. 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?
330. 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

184
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?
331. 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?
332. 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?
333. 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)

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

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

358. Requisites or elements of an obligation:

(qqqqqqq) Active subject (obligee or creditor)
(rrrrrrr) Passive subject (obligor or debtor)

185
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(sssssss) Object or prestation (subject matter of the

obligation)
(ttttttt) Juridical or legal tie (vinculum or efficient cause)

359. 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.

360. 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.

361. 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)

362. 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

363. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

186
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

(nnnnnn) Quasi-contracts (Art. 1160)

(oooooo) Crimes or delicts (Art. 1161) (See Art. 2142)
(pppppp) 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

364. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

187
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

57. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
334. 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.
335. 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?
336. 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?
337. 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

188
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?
338. 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?
339. 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?
340. 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)

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

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

189
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

366. Requisites or elements of an obligation:

(uuuuuuu) Active subject (obligee or creditor)
(vvvvvvv) Passive subject (obligor or debtor)
(wwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxx) Juridical or legal tie (vinculum or efficient cause)

367. 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.

368. 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.

369. 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)

370. Kinds of obligations from the viewpoint of sanction :

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

190
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

371. 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

(qqqqqq) Quasi-contracts (Art. 1160)

(rrrrrr) Crimes or delicts (Art. 1161) (See Art. 2142)
(ssssss) 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

191
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

372. 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

58. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
341. 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.
342. 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?
343. 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?
344. 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)

192
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
345. 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?
346. 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?
347. 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)

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

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

193
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

374. Requisites or elements of an obligation:

(yyyyyyy) Active subject (obligee or creditor)
(zzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

375. 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.

376. 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.

377. 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)

378. 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

194
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

379. 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

Quasi-contracts (Art. 1160)

(tttttt)
(uuuuuu) Crimes or delicts (Art. 1161) (See Art. 2142)
(vvvvvv) 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

195
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

380. 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

59. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
348. 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.
349. 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?
350. 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?
351. 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,

196
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
352. 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?
353. 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?
354. 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)

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

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

197
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

382. Requisites or elements of an obligation:

(cccccccc) Active subject (obligee or creditor)
(dddddddd) Passive subject (obligor or debtor)
(eeeeeeee) Object or prestation (subject matter of the
obligation)
(ffffffff) Juridical or legal tie (vinculum or efficient cause)

383. 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.

384. 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.

385. 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)

386. Kinds of obligations from the viewpoint of sanction :

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

198
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

387. 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

(wwwwww) Quasi-contracts (Art. 1160)

(xxxxxx) Crimes or delicts (Art. 1161) (See Art. 2142)
(yyyyyy) 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

199
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

388. 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

60. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
355. 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.
356. 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?
357. 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?
358. 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)

200
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
359. 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?
360. 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?
361. 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)

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

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

201
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

390. Requisites or elements of an obligation:

(gggggggg) Active subject (obligee or creditor)
(hhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

391. 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.

392. 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.

393. 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)

394. 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

202
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

395. 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

(zzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaa) Crimes or delicts (Art. 1161) (See Art. 2142)
(bbbbbbb) 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

396. Requisites for quasi-delict.

203
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

61. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
362. 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.
363. 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?
364. 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?
365. 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

204
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
366. 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?
367. 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?
368. 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)

397. 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

398. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

205
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

(ccccccc) Quasi-contracts (Art. 1160)

(ddddddd) Crimes or delicts (Art. 1161) (See Art. 2142)
(eeeeeee) 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

399. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

206
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

62. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
369. 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.
370. 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?
371. 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?
372. 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

207
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?
373. 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?
374. 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?
375. 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)

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

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

401. Requisites or elements of an obligation:

(kkkkkkkk) Active subject (obligee or creditor)
(llllllll) Passive subject (obligor or debtor)

208
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmm) Object or prestation (subject matter of the

obligation)
(nnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

402. 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.

403. 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.

404. 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)

405. 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

406. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

209
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

Quasi-contracts (Art. 1160)

(fffffff)
(ggggggg) Crimes or delicts (Art. 1161) (See Art. 2142)
(hhhhhhh) 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

407. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

210
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

63. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
376. 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.
377. 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?
378. 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?
379. 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

211
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?
380. 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?
381. 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?
382. 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)

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

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

212
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

409. Requisites or elements of an obligation:

(oooooooo) Active subject (obligee or creditor)
(pppppppp) Passive subject (obligor or debtor)
(qqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrr) Juridical or legal tie ( vinculum or efficient cause)

410. 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.

411. 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.

412. 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)

413. 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

213
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

414. 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

(iiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjj) Crimes or delicts (Art. 1161) (See Art. 2142)
(kkkkkkk) 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

415. Requisites for quasi-delict.

214
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

64. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
383. 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.
384. 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?
385. 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?
386. 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

215
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
387. 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?
388. 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?
389. 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)

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

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

417. Requisites or elements of an obligation:

216
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ssssssss) Active subject (obligee or creditor)

Passive subject (obligor or debtor)
(tttttttt)
(uuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

418. 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.

419. 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.

420. 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)

421. 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

422. Sources of obligations : (Art. 1157)

217
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

Quasi-contracts (Art. 1160)

(lllllll)
(mmmmmmm) Crimes or delicts (Art. 1161) (See Art. 2142)
(nnnnnnn) 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

423. Requisites for quasi-delict.

(a) Act or omission

218
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

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

65. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
390. 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.
391. 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?
392. 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?
393. 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

219
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
394. 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?
395. 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?
396. 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)

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

220
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

425. Requisites or elements of an obligation:

(wwwwwwww) Active subject (obligee or creditor)
(xxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

426. 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.

427. 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.

428. 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)

429. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

221
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

430. 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

(ooooooo) Quasi-contracts (Art. 1160)

(ppppppp) Crimes or delicts (Art. 1161) (See Art. 2142)
(qqqqqqq) 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

222
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

431. 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

66. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
397. 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.
398. 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?
399. 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?
400. 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

223
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
401. 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?
402. 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?
403. 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)

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

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

224
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

433. Requisites or elements of an obligation:

(aaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbb) Passive subject (obligor or debtor)
(ccccccccc) Object or prestation (subject matter of the
obligation)
(ddddddddd) Juridical or legal tie (vinculum or efficient cause)

434. 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.

435. 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.

436. 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)

437. Kinds of obligations from the viewpoint of sanction :

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

225
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

438. 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

(rrrrrrr) Quasi-contracts (Art. 1160)

(sssssss) Crimes or delicts (Art. 1161) (See Art. 2142)
(ttttttt) 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

439. 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

67. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
404. 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.
405. 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?
406. 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?
407. 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)

227
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
408. 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?
409. 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?
410. 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)

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

228
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

441. Requisites or elements of an obligation:

(eeeeeeeee) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(fffffffff)
(ggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

442. 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.

443. 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.

444. 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)

445. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

229
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

446. 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

(uuuuuuu) Quasi-contracts (Art. 1160)

(vvvvvvv) Crimes or delicts (Art. 1161) (See Art. 2142)
(wwwwwww) 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

230
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

447. 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

68. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
411. 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.
412. 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?
413. 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?
414. 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

231
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
415. 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?
416. 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?
417. 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)

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

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

232
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

449. Requisites or elements of an obligation:

(iiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkk) Object or prestation (subject matter of the
obligation)
(lllllllll) Juridical or legal tie ( vinculum or efficient cause)

450. 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.

451. 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.

452. 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)

453. Kinds of obligations from the viewpoint of sanction :

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

233
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

454. 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

(xxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyy) Crimes or delicts (Art. 1161) (See Art. 2142)
(zzzzzzz) 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

455. 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

69. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
418. 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.
419. 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?
420. 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?
421. 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)

235
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
422. 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?
423. 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?
424. 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 ***

425. amages for the death of Pedro?

*** END ***

(mmmmmmmmm) Passive

236
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

426. 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.
427. 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?
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,
(Arts. 1156-1162)

(nnnnnnnnn) Passive
428. 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.
429. 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?
430. 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?
431. 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

237
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
432. 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?
433. 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?
434. 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)

238
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

457. Requisites or elements of an obligation:

(ooooooooo) Active subject (obligee or creditor)
(ppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrr)Juridical or legal tie (vinculum or efficient cause)

458. 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.

459. 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.

460. 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)

461. Kinds of obligations from the viewpoint of sanction :

239
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

462. 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

(aaaaaaaa) Quasi-contracts (Art. 1160)

(bbbbbbbb) Crimes or delicts (Art. 1161) (See Art. 2142)
(cccccccc) 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

240
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

463. 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

70. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
435. 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.
436. 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?
437. 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?
438. 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”

241
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
439. 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?
440. 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?
441. 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)

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

242
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

465. Requisites or elements of an obligation:

(sssssssss) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ttttttttt)
(uuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

466. 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.

467. 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.

468. 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)

469. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

243
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

470. 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

(dddddddd) Quasi-contracts (Art. 1160)

(eeeeeeee) Crimes or delicts (Art. 1161) (See Art. 2142)
(ffffffff) 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

244
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

471. 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

71. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
442. 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.
443. 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?
444. 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?
445. 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

245
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
446. 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?
447. 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?
448. 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)

246
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

473. Requisites or elements of an obligation:

(wwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

474. 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.

475. 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.

476. 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)

247
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

477. 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

478. 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

(gggggggg) Quasi-contracts (Art. 1160)

(hhhhhhhh) Crimes or delicts (Art. 1161) (See Art. 2142)
(iiiiiiii) 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)

248
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

479. 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

72. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
449. 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.
450. 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?
451. 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?

249
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

452. 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?
453. 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?
454. 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?
455. 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)

250
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

481. Requisites or elements of an obligation:

(aaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddd) Juridical or legal tie (vinculum or efficient cause)

482. 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.

483. 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.

484. 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)

251
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

485. 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

486. 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

(jjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkk) Crimes or delicts (Art. 1161) (See Art. 2142)
(llllllll) 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.

252
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

487. 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

73. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
456. 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.
457. 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?
458. 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?

253
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

459. 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?
460. 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?
461. 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?
462. 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)

254
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

489. Requisites or elements of an obligation:

(eeeeeeeeee) Active subject (obligee or creditor)
(ffffffffff) Passive subject (obligor or debtor)
(gggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

490. 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.

491. 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.

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

(a) Real obligation - obligation to give
(b) Personal obligation

255
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

493. 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

494. 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

(mmmmmmmm) Quasi-contracts (Art. 1160)

(nnnnnnnn) Crimes or delicts (Art. 1161) (See Art. 2142)
(oooooooo) 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)

256
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

495. 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

74. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
463. 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.
464. 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?
465. 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?

257
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

466. 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?
467. 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?
468. 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?
469. 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)

258
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

497. Requisites or elements of an obligation:

(iiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllll) Juridical or legal tie ( vinculum or efficient cause)

498. 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.

499. 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.

500. 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)

259
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

501. 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

502. 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

(pppppppp) Quasi-contracts (Art. 1160)

(qqqqqqqq) Crimes or delicts (Art. 1161) (See Art. 2142)
(rrrrrrrr) 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.

260
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

503. 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

75. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
470. 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.
471. 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?
472. 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?

261
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

473. 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?
474. 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?
475. 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?
476. 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)

504. Kinds of obligations from the viewpoint of sanction :

262
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

505. 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

(ssssssss) Quasi-contracts (Art. 1160)

(tttttttt) Crimes or delicts (Art. 1161) (See Art. 2142)
(uuuuuuuu) 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

263
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

506. 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

76. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
477. 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.
478. 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?
479. 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?
480. 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

264
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
481. 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?
482. 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?
483. 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)

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

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

265
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

508. Requisites or elements of an obligation:

(mmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppp) Juridical or legal tie (vinculum or efficient cause)

509. 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.

510. 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.

511. 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)

512. Kinds of obligations from the viewpoint of sanction :

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

266
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

513. 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

(vvvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwwww) Crimes or delicts (Art. 1161) (See Art. 2142)
(xxxxxxxx) 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

267
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

514. 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

77. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
484. 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.
485. 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?
486. 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?
487. 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)

268
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
488. 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?
489. 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?
490. 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)

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

269
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

516. Requisites or elements of an obligation:

(qqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttt) Juridical or legal tie ( vinculum or efficient cause)

517. 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.

518. 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.

519. 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)

520. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

270
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

521. 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

(yyyyyyyy) Quasi-contracts (Art. 1160)

(zzzzzzzz) Crimes or delicts (Art. 1161) (See Art. 2142)
(aaaaaaaaa) 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

271
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

522. 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

78. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
491. 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.
492. 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?
493. 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?
494. 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

272
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
495. 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?
496. 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?
497. 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)

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

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

273
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

524. Requisites or elements of an obligation:

(uuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwww) Object or prestation (subject matter of the
obligation)
(xxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

525. 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.

526. 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.

527. 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)

528. Kinds of obligations from the viewpoint of sanction :

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

274
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

529. 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

(bbbbbbbbb) Quasi-contracts (Art. 1160)

(ccccccccc) Crimes or delicts (Art. 1161) (See Art. 2142)
(ddddddddd) 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

275
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

530. 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

79. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
498. 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.
499. 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?
500. 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?
501. 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)

276
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
502. 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?
503. 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?
504. 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)

277
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

532. Requisites or elements of an obligation:

(yyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

533. 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.

534. 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.

535. 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)

278
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536. 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

537. 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

(eeeeeeeee) Quasi-contracts (Art. 1160)

(fffffffff) Crimes or delicts (Art. 1161) (See Art. 2142)
(ggggggggg) 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.

279
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

538. 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

80. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
505. 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.
506. 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?
507. 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?

280
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

508. 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?
509. 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?
510. 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?
511. 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)

281
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

540. Requisites or elements of an obligation:

(ccccccccccc) Active subject (obligee or creditor)
(ddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeee) Object or prestation (subject matter of the
obligation)
(fffffffffff) Juridical or legal tie (vinculum or efficient cause)

541. 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.

542. 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.

543. 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)

282
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

544. 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

545. 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

(hhhhhhhhh) Quasi-contracts (Art. 1160)

(iiiiiiiii) Crimes or delicts (Art. 1161) (See Art. 2142)
(jjjjjjjjj) 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.

283
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

546. 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

81. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
512. 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.
513. 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?
514. 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?

284
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

515. 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?
516. 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?
517. 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?
518. 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)

285
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

548. Requisites or elements of an obligation:

(ggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

549. 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.

550. 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.

551. 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)

286
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

552. 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

553. 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

(kkkkkkkkk) Quasi-contracts (Art. 1160)

(lllllllll) Crimes or delicts (Art. 1161) (See Art. 2142)
(mmmmmmmmm) 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)

287
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

554. 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

82. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
519. 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.
520. 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?
521. 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?

288
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

522. 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?
523. 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?
524. 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?
525. 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)

289
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

556. Requisites or elements of an obligation:

(kkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmm) Object or prestation (subject matter of
the obligation)
(nnnnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

557. 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.

558. 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.

559. 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)

290
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

560. 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

561. 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

(nnnnnnnnn) Quasi-contracts (Art. 1160)

(ooooooooo) Crimes or delicts (Art. 1161) (See Art. 2142)
(ppppppppp) 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.

291
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

562. 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

83. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
526. 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.
527. 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?
528. 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?

292
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

529. 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?
530. 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?
531. 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?
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)

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

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

293
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

564. Requisites or elements of an obligation:

(ooooooooooo) Active subject (obligee or creditor)
(ppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

565. 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.

566. 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.

567. 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)

568. 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

294
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

569. 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

(qqqqqqqqq) Quasi-contracts (Art. 1160)

(rrrrrrrrr) Crimes or delicts (Art. 1161) (See Art. 2142)
(sssssssss) 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

570. Requisites for quasi-delict.

295
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

84. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
532. 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.
533. 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?
534. 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?
535. 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

296
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
536. 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?
537. 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?
538. 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)

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

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

572. Requisites or elements of an obligation:

297
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(sssssssssss) Active subject (obligee or creditor)

(ttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvv) Juridical or legal tie (vinculum or efficient cause)

573. 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.

574. 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.

575. 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)

576. 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

577. Sources of obligations : (Art. 1157)

298
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(ttttttttt) Quasi-contracts (Art. 1160)

(uuuuuuuuu) Crimes or delicts (Art. 1161) (See Art. 2142)
(vvvvvvvvv) 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

578. Requisites for quasi-delict.

(a) Act or omission

299
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

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

85. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
539. 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.
540. 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?
541. 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?
542. 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

300
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
543. 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?
544. 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?
545. 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)

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

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

301
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

580. Requisites or elements of an obligation:

(wwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

581. 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.

582. 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.

583. 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)

584. 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

302
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

585. 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

(wwwwwwwww) Quasi-contracts (Art. 1160)

(xxxxxxxxx) Crimes or delicts (Art. 1161) (See Art. 2142)
(yyyyyyyyy) 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

303
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

586. 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

86. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
546. 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.
547. 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?
548. 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?
549. 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,

304
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
550. 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?
551. 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?
552. 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)

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

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

305
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

588. Requisites or elements of an obligation:

(aaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddd) Juridical or legal tie (vinculum or efficient cause)

589. 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.

590. 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.

591. 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)

592. 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

306
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

593. 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

(zzzzzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaaaaa) Crimes or delicts (Art. 1161) (See Art. 2142)
(bbbbbbbbbb) 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

594. Requisites for quasi-delict.

307
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

87. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
553. 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.
554. 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?
555. 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?
556. 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

308
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
557. 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?
558. 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?
559. 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)

309
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

596. Requisites or elements of an obligation:

(eeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffff) Passive subject (obligor or debtor)
(gggggggggggg) Object or prestation (subject matter of the
obligation)
(hhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient cause)

597. 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.

598. 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.

599. 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)

600. Kinds of obligations from the viewpoint of sanction :

310
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

601. 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

(cccccccccc) Quasi-contracts (Art. 1160)

(dddddddddd) Crimes or delicts (Art. 1161) (See Art. 2142)
(eeeeeeeeee) 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

311
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

602. 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

88. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
560. 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.
561. 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?
562. 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?
563. 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

312
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
564. 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?
565. 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?
566. 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)

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

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

313
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

604. Requisites or elements of an obligation:

(iiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllllll) Juridical or legal tie ( vinculum or efficient cause)

605. 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.

606. 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.

607. 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)

608. Kinds of obligations from the viewpoint of sanction :

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

314
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

609. 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

(ffffffffff) Quasi-contracts (Art. 1160)

(gggggggggg) Crimes or delicts (Art. 1161) (See Art. 2142)
(hhhhhhhhhh) 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

315
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

610. 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

89. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
567. 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.
568. 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?
569. 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?
570. 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)

316
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
571. 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?
572. 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?
573. 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)

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

317
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

612. Requisites or elements of an obligation:

(mmmmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooo) Object or prestation (subject matter of the
obligation)
(pppppppppppp) Juridical or legal tie (vinculum or efficient cause)

613. 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.

614. 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.

615. 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)

616. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

318
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

617. 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

(iiiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjjj) Crimes or delicts (Art. 1161) (See Art. 2142)
(kkkkkkkkkk) 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

319
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

618. 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

90. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
574. 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.
575. 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?
576. 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?
577. 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

320
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
578. 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?
579. 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?
580. 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)

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

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

321
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

620. Requisites or elements of an obligation:

(qqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssss) Object or prestation (subject matter of the
obligation)
(tttttttttttt) Juridical or legal tie (vinculum or efficient cause)

621. 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.

622. 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.

623. 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)

624. Kinds of obligations from the viewpoint of sanction :

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

322
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

625. 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

(llllllllll) Quasi-contracts (Art. 1160)

(mmmmmmmmmm) Crimes or delicts (Art. 1161) (See Art.
2142)
(nnnnnnnnnn) 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

323
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

626. 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

91. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
581. 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.
582. 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?
583. 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?
584. 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

324
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
585. 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?
586. 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?
587. 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)

627. 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

325
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

628. 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

(oooooooooo) Quasi-contracts (Art. 1160)

(pppppppppp) Crimes or delicts (Art. 1161) (See Art. 2142)
(qqqqqqqqqq) 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

326
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

629. 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

92. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
588. 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.
589. 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?
590. 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?
591. 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,

327
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
592. 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?
593. 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?
594. 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)

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

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

328
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

631. Requisites or elements of an obligation:

(uuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient cause)

632. 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.

633. 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.

634. 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)

635. 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

329
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

636. 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

(rrrrrrrrrr) Quasi-contracts (Art. 1160)

(ssssssssss) Crimes or delicts (Art. 1161) (See Art. 2142)
(tttttttttt) 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

637. Requisites for quasi-delict.

330
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

93. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
595. 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.
596. 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?
597. 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?
598. 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

331
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
599. 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?
600. 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?
601. 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)

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

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

332
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

639. Requisites or elements of an obligation:

(yyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaa) Object or prestation (subject matter of the
obligation)
(bbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient cause)

640. 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.

641. 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.

642. 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)

643. Kinds of obligations from the viewpoint of sanction :

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

333
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

644. 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

(uuuuuuuuuu) Quasi-contracts (Art. 1160)

(vvvvvvvvvv) Crimes or delicts (Art. 1161) (See Art. 2142)
(wwwwwwwwww) 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

334
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

645. 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

94. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
602. 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.
603. 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?
604. 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?
605. 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

335
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
606. 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?
607. 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?
608. 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)

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

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

336
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

647. Requisites or elements of an obligation:

(ccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeee) Object or prestation (subject matter of the
obligation)
(fffffffffffff) Juridical or legal tie (vinculum or efficient cause)

648. 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.

649. 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.

650. 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)

651. Kinds of obligations from the viewpoint of sanction :

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

337
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

652. 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

(xxxxxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyyyyy) Crimes or delicts (Art. 1161) (See Art. 2142)
(zzzzzzzzzz) 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

338
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

653. 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

95. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
609. 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.
610. 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?
611. 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?
612. 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)

339
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
613. 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?
614. 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?
615. 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)

340
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

655. Requisites or elements of an obligation:

(ggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiii) Object or prestation (subject matter of the obligation)
(jjjjjjjjjjjjj) Juridical or legal tie ( vinculum or efficient cause)

656. 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.

657. 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.

658. 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)

341
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

659. 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

660. 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

(aaaaaaaaaaa) Quasi-contracts (Art. 1160)

(bbbbbbbbbbb) Crimes or delicts (Art. 1161) (See Art.
2142)
(ccccccccccc) 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.

342
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

661. 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

96. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
616. 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.
617. 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?
618. 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?

343
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

619. 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?
620. 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?
621. 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?
622. 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)

344
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

663. Requisites or elements of an obligation:

(kkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllll) Passive subject (obligor or debtor)
(mmmmmmmmmmmmm) Object or prestation (subject matter of
the obligation)
(nnnnnnnnnnnnn) Juridical or legal tie ( vinculum or efficient cause)

664. 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.

665. 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.

666. 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)

345
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

667. 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

668. 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

(ddddddddddd) Quasi-contracts (Art. 1160)

(eeeeeeeeeee) Crimes or delicts (Art. 1161) (See Art. 2142)
(fffffffffff) 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.

346
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

669. 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

97. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
623. 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.
624. 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?
625. 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?

347
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

626. 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?
627. 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?
628. 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?
629. 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)

348
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

671. Requisites or elements of an obligation:

(ooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqq) Object or prestation (subject matter of the
obligation)
(rrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

672. 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.

673. 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.

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

(a) Real obligation - obligation to give
(b) Personal obligation

349
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

675. 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

676. 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

(ggggggggggg) Quasi-contracts (Art. 1160)

(hhhhhhhhhhh) Crimes or delicts (Art. 1161) (See Art.
2142)
(iiiiiiiiiii) 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)

350
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

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

677. 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

98. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
630. 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.
631. 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?
632. 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

351
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
633. 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?
634. 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?
635. 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?
636. 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)

352
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

679. Requisites or elements of an obligation:

(sssssssssssss) Active subject (obligee or creditor)
(ttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuu) Object or prestation (subject matter of the
obligation)
(vvvvvvvvvvvvv) Juridical or legal tie ( vinculum or efficient cause)

680. 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.

681. 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.

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

(a) Real obligation - obligation to give
(b) Personal obligation

353
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

683. 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

684. 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

(jjjjjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkkkkk) Crimes or delicts (Art. 1161) (See Art. 2142)
(lllllllllll) 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)

354
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

685. 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

99. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
637. 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.
638. 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?
639. 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?

355
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

640. 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?
641. 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?
642. 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?
643. 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 ***

644. amages for the death of Pedro?

*** END ***

356
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

645. 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?
646. 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?
647. 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?
648. 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?
649. 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 ***

357
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)

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

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

687. Requisites or elements of an obligation:

(wwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyy) Object or prestation (subject matter of the
obligation)
(zzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

688. 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.

689. 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?

358
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

690. 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)

691. 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

692. 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

(mmmmmmmmmmm) Quasi-contracts (Art. 1160)

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

359
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

693. 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

100. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
650. 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.
651. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

360
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

legally enforceable?
652. 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?
653. 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?
654. 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?
655. 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?
656. 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?

361
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

695. Requisites or elements of an obligation:

(aaaaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccccc) Object or prestation (subject matter of the
obligation)
(dddddddddddddd) Juridical or legal tie (vinculum or efficient
cause)

696. 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.

697. 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.

362
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 What is damnum absque injuria?

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

698. 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)

699. 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

700. 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

(ppppppppppp) Quasi-contracts (Art. 1160)

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

363
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

701. 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

101. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
657. 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.
658. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

364
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

legally enforceable?
659. 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?
660. 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?
661. 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?
662. 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?
663. 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?

365
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** 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)

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

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

703. Requisites or elements of an obligation:

(eeeeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffffff) Passive subject (obligor or debtor)
(gggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

704. 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.

366
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

705. 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.

706. 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)

707. 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

708. 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

367
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(sssssssssss) Quasi-contracts (Art. 1160)

(ttttttttttt) Crimes or delicts (Art. 1161) (See Art. 2142)
(uuuuuuuuuuu) 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

709. 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

102. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

368
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

664. 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.
665. 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?
666. 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?
667. 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?
668. 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?
669. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

369
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
670. 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)

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

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

711. Requisites or elements of an obligation:

(iiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkk) Object or prestation (subject matter of the
obligation)
(llllllllllllll) Juridical or legal tie (vinculum or efficient cause)

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

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

370
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.

713. 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.

714. 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)

715. 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

716. 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

371
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(vvvvvvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwwwwwww) Crimes or delicts (Art. 1161) (See Art.
2142)
(xxxxxxxxxxx) 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

717. 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

103. Scope of civil liability arising from crimes :

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

372
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
671. 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.
672. 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?
673. 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?
674. 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?
675. 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?

373
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

676. 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?
677. 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)

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

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

719. Requisites or elements of an obligation:

(mmmmmmmmmmmmmm) Active subject (obligee or creditor)
(nnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

374
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

720. 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.

721. 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.

722. 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)

723. 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

724. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

375
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

(yyyyyyyyyyy) Quasi-contracts (Art. 1160)

(zzzzzzzzzzz) Crimes or delicts (Art. 1161) (See Art. 2142)
(aaaaaaaaaaaa) 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

725. 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

376
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

104. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
678. 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.
679. 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?
680. 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?
681. 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?

377
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

682. 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?
683. 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?
684. 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)

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

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

727. Requisites or elements of an obligation:

(qqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssss) Object or prestation (subject matter of the
obligation)

378
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

728. 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.

729. 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.

730. 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)

731. 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

732. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

379
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

(bbbbbbbbbbbb) Quasi-contracts (Art. 1160)

(cccccccccccc) Crimes or delicts (Art. 1161) (See Art.
2142)
(dddddddddddd) 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

733. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

380
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

105. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
685. 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.
686. 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?
687. 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?
688. 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

381
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?
689. 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?
690. 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?
691. 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)

734. 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

735. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

382
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

(eeeeeeeeeeee) Quasi-contracts (Art. 1160)

(ffffffffffff) Crimes or delicts (Art. 1161) (See Art. 2142)
(gggggggggggg) 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

736. 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

383
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

106. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
692. 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.
693. 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?
694. 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?
695. 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?

384
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

696. 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?
697. 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?
698. 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)

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

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

738. Requisites or elements of an obligation:

(uuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)

385
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

739. 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.

740. 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.

741. 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)

742. 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

743. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

386
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

(hhhhhhhhhhhh) Quasi-contracts (Art. 1160)

(iiiiiiiiiiii) Crimes or delicts (Art. 1161) (See Art. 2142)
(jjjjjjjjjjjj) 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

744. 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

387
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

107. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
699. 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.
700. 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?
701. 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?
702. 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?

388
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

703. 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?
704. 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?
705. 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)

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

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

746. Requisites or elements of an obligation:

(yyyyyyyyyyyyyy) Active subject (obligee or creditor)

389
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(zzzzzzzzzzzzzz) Passive subject (obligor or debtor)

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

747. 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.

748. 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.

749. 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)

750. 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

751. Sources of obligations : (Art. 1157)

390
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(kkkkkkkkkkkk) Quasi-contracts (Art. 1160)

(llllllllllll) Crimes or delicts (Art. 1161) (See Art. 2142)
(mmmmmmmmmmmm) 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

752. Requisites for quasi-delict.

391
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

108. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
706. 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.
707. 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?
708. 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?
709. 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

392
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
710. 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?
711. 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?
712. 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)

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

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

754. Requisites or elements of an obligation:

393
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ccccccccccccccc) Active subject (obligee or creditor)

(ddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

755. 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.

756. 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.

757. 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)

758. 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

759. Sources of obligations : (Art. 1157)

394
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(nnnnnnnnnnnn) Quasi-contracts (Art. 1160)

(oooooooooooo) Crimes or delicts (Art. 1161) (See Art.
2142)
(pppppppppppp) 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

760. Requisites for quasi-delict.

395
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

109. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
713. 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.
714. 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?
715. 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?
716. 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

396
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
717. 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?
718. 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?
719. 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)

397
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

762. Requisites or elements of an obligation:

(ggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

763. 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.

764. 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.

765. 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)

766. Kinds of obligations from the viewpoint of sanction :

398
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

767. 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

(qqqqqqqqqqqq) Quasi-contracts (Art. 1160)

(rrrrrrrrrrrr) Crimes or delicts (Art. 1161) (See Art. 2142)
(ssssssssssss) 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

399
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

768. 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

110. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
720. 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.
721. 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?
722. 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?
723. 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”

400
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
724. 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?
725. 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?
726. 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)

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

401
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

770. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllllll)Passive subject (obligor or debtor)
(mmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

771. 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.

772. 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.

773. 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)

774. Kinds of obligations from the viewpoint of sanction :

402
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

775. 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

(tttttttttttt) Quasi-contracts (Art. 1160)

(uuuuuuuuuuuu) Crimes or delicts (Art. 1161) (See Art.
2142)
(vvvvvvvvvvvv) 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.

403
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

776. 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

111. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
727. 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.
728. 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?
729. 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?
730. 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

404
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
731. 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?
732. 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?
733. 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)

405
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

778. Requisites or elements of an obligation:

(ooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

779. 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.

780. 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.

781. 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)

406
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

782. 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

783. 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

(wwwwwwwwwwww) Quasi-contracts (Art. 1160)

(xxxxxxxxxxxx) Crimes or delicts (Art. 1161) (See Art.
2142)
(yyyyyyyyyyyy) 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)

407
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

784. 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

112. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
734. 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.
735. 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?
736. 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?

408
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

737. 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?
738. 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?
739. 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?
740. 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)

409
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

786. Requisites or elements of an obligation:

(sssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

787. 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.

788. 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.

789. 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)

410
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

790. 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

791. 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

(zzzzzzzzzzzz) Quasi-contracts (Art. 1160)

(aaaaaaaaaaaaa) Crimes or delicts (Art. 1161) (See Art.
2142)
(bbbbbbbbbbbbb) 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)

411
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

 concept of quantum meruit

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

792. 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

113. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
741. 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.
742. 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?
743. 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

412
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

the money with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
744. 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?
745. 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?
746. 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?
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)

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

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

413
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

794. Requisites or elements of an obligation:

(wwwwwwwwwwwwwww) Active subject (obligee or creditor)
(xxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient cause)

795. 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.

796. 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.

797. 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)

798. Kinds of obligations from the viewpoint of sanction :

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

414
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

799. 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

(ccccccccccccc) Quasi-contracts (Art. 1160)

(ddddddddddddd) Crimes or delicts (Art. 1161) (See Art.
2142)
(eeeeeeeeeeeee) 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

415
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

800. 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

114. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
747. 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.
748. 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?
749. 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?
750. 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

416
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
751. 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?
752. 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?
753. 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)

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

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

417
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

802. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccccccc) Object or prestation (subject matter of
the obligation)
(dddddddddddddddd) Juridical or legal tie (vinculum or efficient
cause)

803. 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.

804. 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.

805. 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)

806. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

418
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

807. 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

Quasi-contracts (Art. 1160)

(fffffffffffff)
(ggggggggggggg) Crimes or delicts (Art. 1161) (See Art.
2142)
(hhhhhhhhhhhhh) 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

419
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

808. 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

115. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
754. 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.
755. 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?
756. 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?
757. 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”

420
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
758. 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?
759. 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?
760. 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)

421
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

810. Requisites or elements of an obligation:

(eeeeeeeeeeeeeeee) Active subject (obligee or creditor)
(ffffffffffffffff) Passive subject (obligor or debtor)
(gggggggggggggggg) Object or prestation (subject matter of
the obligation)
(hhhhhhhhhhhhhhhh) Juridical or legal tie (vinculum or efficient
cause)

811. 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.

812. 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.

813. 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)

422
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

814. 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

815. 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

(iiiiiiiiiiiii) Quasi-contracts (Art. 1160)

(jjjjjjjjjjjjj) Crimes or delicts (Art. 1161) (See Art. 2142)
(kkkkkkkkkkkkk) 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)

423
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

816. 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

116. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
761. 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.
762. 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?
763. 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?

424
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

764. 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?
765. 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?
766. 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?
767. 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)

425
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

818. Requisites or elements of an obligation:

(iiiiiiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjjjjjj) Passive subject (obligor or debtor)
(kkkkkkkkkkkkkkkk) Object or prestation (subject matter of
the obligation)
(llllllllllllllll) Juridical or legal tie (vinculum or efficient cause)

819. 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.

820. 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.

821. 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)

426
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

822. 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

823. 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

(lllllllllllll)Quasi-contracts (Art. 1160)

(mmmmmmmmmmmmm) Crimes or delicts (Art. 1161)
(See Art. 2142)
(nnnnnnnnnnnnn) 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)

427
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

NOTE: Know the requisites.

 concept of quantum meruit

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

824. 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

117. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
768. 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.
769. 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?
770. 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?

428
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

771. 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?
772. 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?
773. 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?
774. 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)

429
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

826. Requisites or elements of an obligation:

(mmmmmmmmmmmmmmmm) Active subject (obligee or
creditor)
(nnnnnnnnnnnnnnnn) Passive subject (obligor or debtor)
(oooooooooooooooo) Object or prestation (subject matter of
the obligation)
(pppppppppppppppp) Juridical or legal tie (vinculum or efficient
cause)

827. 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.

828. 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.

430
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

829. 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)

830. 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

831. 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

(ooooooooooooo) Quasi-contracts (Art. 1160)

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

431
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

832. 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

118. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
775. 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.
776. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

432
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

legally enforceable?
777. 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?
778. 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?
779. 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?
780. 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?
781. 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?

433
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

834. Requisites or elements of an obligation:

(qqqqqqqqqqqqqqqq) Active subject (obligee or creditor)
(rrrrrrrrrrrrrrrr) Passive subject (obligor or debtor)
(ssssssssssssssss) Object or prestation (subject matter of
the obligation)
(tttttttttttttttt) Juridical or legal tie (vinculum or efficient cause)

835. 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.

836. 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?

434
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

837. 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)

838. 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

839. 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

(rrrrrrrrrrrrr) Quasi-contracts (Art. 1160)

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

435
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

840. 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

119. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
782. 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.
783. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

436
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

legally enforceable?
784. 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?
785. 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?
786. 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?
787. 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?
788. 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?

437
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** 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)

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

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

842. Requisites or elements of an obligation:

(uuuuuuuuuuuuuuuu) Active subject (obligee or creditor)
(vvvvvvvvvvvvvvvv) Passive subject (obligor or debtor)
(wwwwwwwwwwwwwwww) Object or prestation (subject matter of
the obligation)
(xxxxxxxxxxxxxxxx) Juridical or legal tie (vinculum or efficient
cause)

843. 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.

438
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

844. 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.

845. 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)

846. 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

847. 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

(uuuuuuuuuuuuu) Quasi-contracts (Art. 1160)

439
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(vvvvvvvvvvvvv) Crimes or delicts (Art. 1161) (See Art.

2142)
(wwwwwwwwwwwww) 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

848. 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. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

440
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

789. 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.
790. 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?
791. 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?
792. 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?
793. 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?
794. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

441
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
795. 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)

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

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

850. Requisites or elements of an obligation:

(yyyyyyyyyyyyyyyy) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(zzzzzzzzzzzzzzzz)
(aaaaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)
(bbbbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient
cause)

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

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

442
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.

852. 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.

853. 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)

854. 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

855. 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

443
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxxxxxxxxx) Quasi-contracts (Art. 1160)

(yyyyyyyyyyyyy) Crimes or delicts (Art. 1161) (See Art.
2142)
(zzzzzzzzzzzzz) 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

856. 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

121. Scope of civil liability arising from crimes :

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

444
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
796. 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.
797. 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?
798. 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?
799. 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?
800. 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?

445
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

801. 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?
802. 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)

857. 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

858. 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

446
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(aaaaaaaaaaaaaa) Quasi-contracts (Art. 1160)

(bbbbbbbbbbbbbb) Crimes or delicts (Art. 1161) (See Art.
2142)
(cccccccccccccc) 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

859. 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

122. Scope of civil liability arising from crimes :

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

447
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
803. 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.
804. 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?
805. 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?
806. 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?
807. 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?

448
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

808. 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?
809. 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)

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

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

861. Requisites or elements of an obligation:

(ccccccccccccccccc) Active subject (obligee or creditor)
(ddddddddddddddddd) Passive subject (obligor or debtor)
(eeeeeeeeeeeeeeeee) Object or prestation (subject matter of
the obligation)
(fffffffffffffffff) Juridical or legal tie (vinculum or efficient cause)

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

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

449
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.

863. 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.

864. 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)

865. 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

866. 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

450
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

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

(dddddddddddddd) Quasi-contracts (Art. 1160)

(eeeeeeeeeeeeee) Crimes or delicts (Art. 1161) (See Art.
2142)
(ffffffffffffff) 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

867. 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

123. Scope of civil liability arising from crimes :

451
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

APPLICATION/PROBLEMS :
810. 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.
811. 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?
812. 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?
813. 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?
814. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously

452
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?
815. 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?
816. 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)

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

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

869. Requisites or elements of an obligation:

(ggggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhh) Passive subject (obligor or debtor)

453
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(iiiiiiiiiiiiiiiii) Object or prestation (subject matter of the

obligation)
(jjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

870. 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.

871. 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.

872. 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)

873. 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

874. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

454
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

(gggggggggggggg) Quasi-contracts (Art. 1160)

(hhhhhhhhhhhhhh) Crimes or delicts (Art. 1161) (See Art.
2142)
(iiiiiiiiiiiiii) 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

875. Requisites for quasi-delict.

(a) Act or omission

455
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(d) Causal connection between

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

124. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
817. 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.
818. 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?
819. 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?
820. 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

456
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
821. 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?
822. 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?
823. 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)

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

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

877. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)

457
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

Passive subject (obligor or debtor)

(lllllllllllllllll)
(mmmmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

878. 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.

879. 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.

880. 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)

881. 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

882. Sources of obligations : (Art. 1157)

458
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

(jjjjjjjjjjjjjj) Quasi-contracts (Art. 1160)

(kkkkkkkkkkkkkk) Crimes or delicts (Art. 1161) (See Art.
2142)
(llllllllllllll) 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

883. Requisites for quasi-delict.

459
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

125. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
824. 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.
825. 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?
826. 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?
827. 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

460
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
828. 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?
829. 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?
830. 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)

461
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

885. Requisites or elements of an obligation:

(ooooooooooooooooo) Active subject (obligee or creditor)
(ppppppppppppppppp) Passive subject (obligor or debtor)
(qqqqqqqqqqqqqqqqq) Object or prestation (subject matter of
the obligation)
(rrrrrrrrrrrrrrrrr) Juridical or legal tie (vinculum or efficient cause)

886. 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.

887. 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.

888. 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)

889. Kinds of obligations from the viewpoint of sanction :

462
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(a) Civil obligations – the sanction is positive law

(b) Natural obligations – the sanction is equity
(c) Moral obligations – the sanction is conscience

890. 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

(mmmmmmmmmmmmmm) Quasi-contracts (Art. 1160)

(nnnnnnnnnnnnnn) Crimes or delicts (Art. 1161) (See Art.
2142)
(oooooooooooooo) 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.

463
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

891. 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

126. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
831. 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.
832. 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?
833. 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?
834. 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

464
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
835. 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?
836. 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?
837. 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)

465
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

893. Requisites or elements of an obligation:

(sssssssssssssssss) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(ttttttttttttttttt)
(uuuuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

894. 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.

895. 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.

896. 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)

466
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

897. 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

898. 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

(pppppppppppppp) Quasi-contracts (Art. 1160)

(qqqqqqqqqqqqqq) Crimes or delicts (Art. 1161) (See Art.
2142)
(rrrrrrrrrrrrrr) 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.

467
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

899. 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

127. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
838. 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.
839. 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?
840. 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?

468
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

841. 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?
842. 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?
843. 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?
844. 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)

469
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

901. Requisites or elements of an obligation:

(wwwwwwwwwwwwwwwww) Active subject (obligee or
creditor)
(xxxxxxxxxxxxxxxxx) Passive subject (obligor or debtor)
(yyyyyyyyyyyyyyyyy) Object or prestation (subject matter of
the obligation)
(zzzzzzzzzzzzzzzzz) Juridical or legal tie (vinculum or efficient
cause)

902. 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.

903. 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.

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

470
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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)

905. 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

906. 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

(ssssssssssssss) Quasi-contracts (Art. 1160)

(tttttttttttttt) Crimes or delicts (Art. 1161) (See Art. 2142)
(uuuuuuuuuuuuuu) 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.

471
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

907. 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

128. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
845. 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.
846. 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?
847. 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

472
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
848. 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?
849. 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?
850. 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?
851. 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 ***

473
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

909. Requisites or elements of an obligation:

(aaaaaaaaaaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbbbbbbbbbb) Passive subject (obligor or debtor)
(cccccccccccccccccc) Object or prestation (subject matter of
the obligation)
(dddddddddddddddddd) Juridical or legal tie (vinculum or efficient
cause)

910. 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.

911. 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.

474
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

912. 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)

913. 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

914. 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

(vvvvvvvvvvvvvv) Quasi-contracts (Art. 1160)

(wwwwwwwwwwwwww) Crimes or delicts (Art. 1161)
(See Art. 2142)
(xxxxxxxxxxxxxx) 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

475
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

915. 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

129. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
852. 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.
853. 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?

476
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

854. 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?
855. 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?
856. 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?
857. 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?
858. 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 ***

477
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

859. amages for the death of Pedro?

*** END ***

478