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

STUDY GUIDE: (10 JULY 2015 – Friday)

1. “Obligation” defined. (Art. 1156)

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

2. 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)

3. 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.

4. 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.

5. 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)

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

6. 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

7. 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)

(c)
(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)

2
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

8. 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?

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

4. Don, a merchant-farmer, was the owner of a ten-hectare land

planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

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

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

9. “Obligation” defined. (Art. 1156)

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

10. 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)

11. 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.

12. 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.

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

(a) Real obligation - obligation to give

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

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

14. 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

15. 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)

(f)
(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.

6
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

16. 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

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

15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
11. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the 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 ***

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

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

17. “Obligation” defined. (Art. 1156)

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

18. 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)

19. 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.

20. 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.

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

9
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)

22. 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

23. 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)

(i)
(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

10
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

24. 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?

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

17. On November 15, 2014, Derek entered into an agreement with

Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
18. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in 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?

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

*** END ***

(a) (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

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

13
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

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?

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

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 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?

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

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

28. “Obligation” defined. (Art. 1156)

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

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

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

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

Quasi-contracts (Art. 1160)

(o)
(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)

17
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

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

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

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

legally enforceable?
31. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will
lend P100,000.00 to Derek who promises to pay the loan on January
15, 2015; and, (b) In case of non-payment, Derek will render free
service as a servant to Caitlyn until such time that Derek is able to
raise the money with which to pay his loan to Caitlyn. Is this
agreement legally enforceable?
32. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in 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

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

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)

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:

(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.

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

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)

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)

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

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

(s)
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
(e) No pre-existing contractual
(c) Damage
relations

15. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

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

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 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

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

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

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

44. “Obligation” defined. (Art. 1156)

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

45. 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)

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

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

24
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.

47. 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.

48. 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)

49. 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

50. 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

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

Quasi-contracts (Art. 1160)

(u)
(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

51. 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

16. Scope of civil liability arising from crimes :

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

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

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 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?

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

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 ***

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)

52. “Obligation” defined. (Art. 1156)

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

53. Requisites or elements of an obligation:

(y) Active subject (obligee or creditor)
(z) Passive subject (obligor or debtor)

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

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

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

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

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

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

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

55. 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.

56. 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)

57. 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

58. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

29
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)

(x)
(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

59. Requisites for quasi-delict.

(a) Act or omission

30
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

17. Scope of civil liability arising from crimes :

(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

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

the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
54. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
55. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
56. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

60. “Obligation” defined. (Art. 1156)

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

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

61. 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)

62. 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.

63. 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.

64. 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)

65. 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

66. Sources of obligations : (Art. 1157)

33
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

(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

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

67. Requisites for quasi-delict.

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

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

18. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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

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

Don. As a result, Conan incurred expenses amounting to P60,000.00.

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
61. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
62. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
63. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

68. “Obligation” defined. (Art. 1156)

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

69. Requisites or elements of an obligation:

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

70. 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.

71. 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.

72. 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)

73. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

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

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

74. 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

(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

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

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

75. Requisites for quasi-delict.

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

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

19. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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”

39
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?
68. You went to the bank and let the teller change your P1,000.00
bill. Because of the negligence of the teller, she erroneously gave you
11 pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the bank’s teller?
69. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
70. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedro’s foot slipped.
As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

76. “Obligation” defined. (Art. 1156)

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

77. 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)
(nn) Juridical or legal tie ( vinculum or efficient cause)

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

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

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

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

79. 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.

80. 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)

81. Kinds of obligations from the viewpoint of sanction :

41
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

82. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(gg) Quasi-contracts (Art. 1160)

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

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

 concept of quantum meruit

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

83. Requisites for quasi-delict.

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

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

20. Scope of civil liability arising from crimes :

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

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

43
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?
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?
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)

84. “Obligation” defined. (Art. 1156)

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

85. Requisites or elements of an obligation:

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

(oo) Active subject (obligee or creditor)

(pp) Passive subject (obligor or debtor)
(qq) Object or prestation (subject matter of the obligation)
(rr) Juridical or legal tie ( vinculum or efficient cause)

86. 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.

87. 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.

88. 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)

89. 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

90. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

45
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)

(jj)
(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

91. Requisites for quasi-delict.

46
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

21. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
77. 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.
78. 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?
79. 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?
80. 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.

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

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. 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?
82. 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?
83. 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)

92. “Obligation” defined. (Art. 1156)

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

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

93. 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)
(vv) Juridical or legal tie ( vinculum or efficient cause)

94. 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.

95. 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.

96. 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)

97. 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

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

98. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(mm) Quasi-contracts (Art. 1160)

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

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

99. Requisites for quasi-delict.

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

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

22. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
84. 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.
85. 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?
86. 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?
87. 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,

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

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?
88. 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?
89. 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?
90. 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)

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

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

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

101. 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)

102. 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.

103. 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.

104. 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)

105. Kinds of obligations from the viewpoint of sanction :

53
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

106. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(pp) Quasi-contracts (Art. 1160)

(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.

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

 concept of quantum meruit

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

107. Requisites for quasi-delict.

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

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

23. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
91. 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.
92. 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?
93. 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?
94. 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

55
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?
95. 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. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
97. 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)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

109. 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)

110. 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.

111. 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.

112. 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)

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

113. 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

114. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(ss)Quasi-contracts(Art. 1160)
(tt) Crimes or delicts (Art. 1161) (See Art.
2142)
(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)

58
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

115. 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. 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?

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

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?
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 ***

1156-1304, New Civil Code)

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

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)

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

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

117. Requisites or elements of an obligation:

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

118. 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.

119. 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?

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

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

120. 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)

121. 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

122. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(vv)Quasi-contracts (Art. 1160)

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

62
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

123. Requisites for quasi-delict.

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

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

25. Scope of civil liability arising from crimes :

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

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

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

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?
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

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

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

125. 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)

126. 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.

127. 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.

65
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.

128. 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)

129. 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

130. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(yy)Quasi-contracts(Art. 1160)
(zz) Crimes or delicts (Art. 1161) (See Art.
2142)
(aaa) Quasi-delicts/torts/culpa-aquiliana (Art.
1162)
 quasi-delict defined (Art. 2176)

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

 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

131. Requisites for quasi-delict.

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

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

26. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
112. Under a building contract, Engr. So agreed to construct
the house of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed
to pay Engr. So P3M after the construction is finished. Point out the
elements of the obligation in this legal scenario.

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

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
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

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

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)

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

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

133. 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)

134. 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.

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

135. 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.

136. 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)

137. 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

138. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(bbb) Quasi-contracts (Art. 1160)

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

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

(ccc)
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

139. 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 :

71
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

72
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

141. 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)

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

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

73
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.

143. 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.

144. 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)

145. 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

146. 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

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

(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

147. Requisites for quasi-delict.

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

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

28. Scope of civil liability arising from crimes :

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

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

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
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

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

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 ***

(a) (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

CASE: Prisma Construction and Development Corporation vs.

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

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

(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 :

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

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

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
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?

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

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 ***

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)
(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.”

80
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.

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

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

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

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

82
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?

83
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL 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:

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

(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)

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)

85
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

(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.

86
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

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.

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

The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
151. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
152. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
153. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

168. 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)

169. 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.

170. 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.

171. 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)

172. 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

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

173. 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

(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

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

174. Requisites for quasi-delict.

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

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

32. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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,

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

employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
158. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
159. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
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 ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

176. 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)

177. 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.

178. 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.

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

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

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

180. 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

181. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

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

94
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

182. Requisites for quasi-delict.

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

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

33. Scope of civil liability arising from crimes :

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

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

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

164. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
165. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
166. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
167. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

184. 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)

185. 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.

186. 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.

187. 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)

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

188. 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

189. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

CASE: Prisma Construction and Development Corporation vs.

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

(www) Quasi-contracts (Art. 1160)

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

98
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

190. Requisites for quasi-delict.

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

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

34. Scope of civil liability arising from crimes :

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

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

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

171. Don, a merchant-farmer, was the owner of a ten-hectare

land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
172. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
173. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
174. Juan ordered ten-year old Pedro to climb a high and
slippery santol tree, and promised to give the boy 2 kilos of the santol
he will be able to pick. While climbing the tree, however, Pedro’s foot
slipped. As a result, Pedro fell from the tree to the ground and died
instantaneously. Will Juan be liable in damages for the death of
Pedro?

*** END ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

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

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

192. 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)

193. 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.

194. 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.

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

(a) Real obligation - obligation to give

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

(b) Personal obligation

(b.1.) Positive – obligation to do (Art. 1167)
(b.2.) Negative – obligation not to do (Art. 1168)

196. 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

197. 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)

(zzz)
(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.

102
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

198. 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 :
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

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

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
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 ***

104
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

200. 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)

201. 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.

202. 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.

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

105
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)

204. 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

205. 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

(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

106
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

206. Requisites for quasi-delict.

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

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

36. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
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?

107
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

agreement with Caitlyn. Among other things, the parties agreed that:
(a) Caitlyn will lend P100,000.00 to Derek who promises to pay the
loan on January 15, 2015; and, (b) In case of non-payment, Derek will
render free service as a servant to Caitlyn until such time that Derek is
able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
185. Don, a merchant-farmer, was the owner of a ten-hectare
land planted to lanzones. On April 1, 2015, Don left for a pleasure trip
to the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?
186. You went to the bank and let the teller change your
P1,000.00 bill. Because of the negligence of the teller, she erroneously
gave you 11 pieces of P100 bills. Can you be compelled to return the
excess considering the negligence of the bank’s teller?
187. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on
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?

108
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

189. amages for the death of Pedro?

*** END ***

190. 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?
191. 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?
192. 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?
193. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

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

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
194. 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)

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

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

208. 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)
(zzzz) Juridical or legal tie (vinculum or efficient cause)

110
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

209. 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.

210. 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.

211. 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)

212. 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. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

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

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

CASE: Prisma Construction and Development Corporation vs.

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

Quasi-contracts (Art. 1160)

(ffff)
(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

214. 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

37. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
195. 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.
196. 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?
197. 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?
198. 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?

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

199. 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?
200. 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?
201. 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)

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

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

216. 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)

114
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

217. 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.

218. 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.

219. 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)

220. 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

221. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

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

115
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

222. Requisites for quasi-delict.

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

(b) Fault or negligence fault and damage

116
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(e) No pre-existing contractual

(c) Damage
relations

38. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
202. 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.
203. 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?
204. 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?
205. 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

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

Philippines from his trip, may he be compelled by Conan to refund the

P60,000.00 expenses incurred?
206. 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?
207. 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?
208. 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)

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

118
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”

224. 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)

225. 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.

226. 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.

227. 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)

228. Kinds of obligations from the viewpoint of sanction :

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

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

(c) Moral obligations – the sanction is conscience

229. 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

(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

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

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

230. 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

39. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
209. 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.
210. 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?
211. 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?
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.

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

232. 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)

233. 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.

234. 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.

235. 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)

236. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

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

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

237. 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

124
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

238. 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”

125
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?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

240. 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)

241. 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.

242. 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.

243. 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)

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

244. 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

245. 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)

(rrrr)
(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)

128
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

246. 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

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?

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

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 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 ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

248. 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)

249. 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.

250. 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.

251. 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)

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

252. 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

253. 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)

132
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

254. 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?

133
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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 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 ***

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

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

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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

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)

135
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

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?

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

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, 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 ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

(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
(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)

139
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

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

140
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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) 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 ***

141
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)

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

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

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.

142
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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)

143
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

273. 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

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

144
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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

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

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

275. Requisites or elements of an obligation:

(cccccc) Active subject (obligee or creditor)
(dddddd) Passive subject (obligor or debtor)
(eeeeee) Object or prestation (subject matter of the obligation)
(ffffff) Juridical or legal tie (vinculum or efficient cause)

276. 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.

277. 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.

146
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.

278. 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)

279. 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

280. 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

(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)

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

 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

281. 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

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.

148
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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

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

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)

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

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

283. 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)

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

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

150
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.

285. 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.

286. 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)

287. 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

288. 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

151
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

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

Quasi-contracts (Art. 1160)

(jjjjj)
(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

289. 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

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

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 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?

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

291. Requisites or elements of an obligation:

(kkkkkk) Active subject (obligee or creditor)
(llllll) Passive subject (obligor or debtor)

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

(mmmmmm) Object or prestation (subject matter of the

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

292. 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.

293. 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.

294. 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)

295. 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

296. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

155
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

(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

297. Requisites for quasi-delict.

156
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.

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

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?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

158
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”

299. 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)

300. 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.

301. 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.

302. 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)

303. Kinds of obligations from the viewpoint of sanction :

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

159
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

304. 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

(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

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

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

305. 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

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.

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

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

307. 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)

308. 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.

309. 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.

310. 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)

311. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

163
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

312. 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

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

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

313. 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”

165
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?
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?
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)

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

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

315. Requisites or elements of an obligation:

(wwwwww) Active subject (obligee or creditor)

166
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(xxxxxx) Passive subject (obligor or debtor)

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

316. 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.

317. 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.

318. 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)

319. 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

320. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

167
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

(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

321. Requisites for quasi-delict.

168
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 :
292. 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.
293. 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?
294. 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?
295. 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.

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

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?
296. 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?
297. 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?
298. 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)

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

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

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

323. 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)

324. 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.

325. 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.

326. 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)

327. 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

171
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

328. 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

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

329. 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 :
299. 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.
300. 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?
301. 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?
302. 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

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

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?
303. 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?
304. 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?
305. 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)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

331. 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)

332. 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.

333. 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.

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

335. 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

336. 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)

176
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

337. 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

53. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
306. 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.
307. 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?
308. 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?

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

309. 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?
310. 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?
311. 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?
312. 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)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

339. 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)

340. 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.

341. 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.

342. 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)

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

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

343. 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

344. 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

(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)

180
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

345. 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 :

(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

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

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
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 ***

182
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

347. Requisites or elements of an obligation:

(mmmmmmm) Active subject (obligee or creditor)
(nnnnnnn) Passive subject (obligor or debtor)
(ooooooo) Object or prestation (subject matter of the
obligation)
(ppppppp) Juridical or legal tie (vinculum or efficient cause)

348. 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.

349. 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.

183
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.

350. 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)

351. 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

352. 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

(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)

184
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 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

353. 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 :

(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.

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

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
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

186
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

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

355. Requisites or elements of an obligation:

(qqqqqqq) Active subject (obligee or creditor)
(rrrrrrr) Passive subject (obligor or debtor)
(sssssss) Object or prestation (subject matter of the
obligation)
(ttttttt) Juridical or legal tie (vinculum or efficient cause)

356. 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.

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

357. 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.

358. 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)

359. 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

360. 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

(kkkkkk) Quasi-contracts (Art. 1160)

188
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

(llllll)
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

361. 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

56. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

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

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 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

190
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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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

363. 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)

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

364. 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.

365. 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.

366. 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)

367. 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

368. 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

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

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

369. 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

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

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 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?

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

371. Requisites or elements of an obligation:

(yyyyyyy) Active subject (obligee or creditor)
(zzzzzzz) Passive subject (obligor or debtor)

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

(aaaaaaaa) Object or prestation (subject matter of the

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

372. 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.

373. 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.

374. 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)

375. 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

376. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

196
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

(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

377. Requisites for quasi-delict.

197
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

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) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

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

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 ***

(a) (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

379. Sources of obligations : (Art. 1157)

199
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

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

380. Requisites for quasi-delict.

200
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

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, Conan incurred expenses amounting to P60,000.00.

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

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
(c) Moral obligations – the sanction is conscience

203
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

204
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

205
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

206
TITLE I, CHAPTER 1 – General Provisions (Articles 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”

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)

207
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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)

208
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

396. 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

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?

209
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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 ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

398. Requisites or elements of an obligation:

(kkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(llllllll)
(mmmmmmmm) Object or prestation (subject matter of the
obligation)
(nnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

399. 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.

400. 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.

401. 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)

211
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

402. 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

403. 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

(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)

212
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

404. 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

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

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

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 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 ***

214
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

406. 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)

407. 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.

408. 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.

215
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.

409. 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)

410. 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

411. 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

(fffffff) Quasi-contracts (Art. 1160)

(ggggggg) Crimes or delicts (Art. 1161)
(See Art. 2142)
(hhhhhhh) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

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

 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

412. 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

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.

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

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 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

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

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)

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

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

414. Requisites or elements of an obligation:

(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)

415. 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.

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

416. 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.

417. 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)

418. 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

419. 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)

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

(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

420. 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

64. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

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

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 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

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

422. 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)

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

423. 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.

424. 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.

425. 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. 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

427. 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

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

CASE: Prisma Construction and Development Corporation vs.

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

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

428. 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

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

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 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?

226
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

430. Requisites or elements of an obligation:

(aaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbb) Passive subject (obligor or debtor)

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

(ccccccccc) Object or prestation (subject matter of the

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

431. 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.

432. 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.

433. 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)

434. 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

435. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

228
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

(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

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

436. Requisites for quasi-delict.

229
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

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 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.

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

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 ***

404. amages for the death of Pedro?

*** END ***

(eeeeeeeee) Passive

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

405. 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.
406. 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)

Passive
(fffffffff)
407. 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.
408. 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?
409. 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?
410. 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.

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

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?
411. 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?
412. 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?
413. 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)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

438. Requisites or elements of an obligation:

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

439. 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.

440. 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.

441. 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)

234
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

442. 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

443. 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)

235
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

444. 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 :
414. 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.
415. 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?
416. 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?

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

417. 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?
418. 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?
419. 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?
420. 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)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

446. Requisites or elements of an obligation:

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

447. 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.

448. 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.

449. 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)

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

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

450. 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

451. 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)

239
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

452. 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 :
421. 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.
422. 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?
423. 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

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

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
424. 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?
425. 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?
426. 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?
427. 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 ***

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

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

454. 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)
Juridical or legal tie (vinculum or efficient cause)
(rrrrrrrrr)

455. 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.

456. 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.

242
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.

457. 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)

458. 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

459. 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)

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

 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

460. 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 :
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.

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

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 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

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

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)

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

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

462. 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)

463. 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.

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

464. 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.

465. 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. 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

467. 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)

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

(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

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

468. 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 :

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

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”
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

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

470. 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)

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

471. 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.

472. 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.

473. 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)

474. 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

475. 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

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

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

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

476. 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

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

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 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?

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

478. Requisites or elements of an obligation:

(aaaaaaaaaa) Active subject (obligee or creditor)
(bbbbbbbbbb) Passive subject (obligor or debtor)

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

(cccccccccc) Object or prestation (subject matter of the

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

479. 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.

480. 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.

481. 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)

482. 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

483. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

255
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

(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)
NOTE: Know the requisites.

 concept of quantum meruit

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

484. Requisites for quasi-delict.

256
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

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?
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.

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

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 ***

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

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

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)

258
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

(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.

 concept of quantum meruit

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

487. Requisites for quasi-delict.

259
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

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?
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.

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

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 ***

PROVISIONS
(Arts. 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”

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

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
(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

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

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)
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

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?
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.

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

265
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)

266
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)

267
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

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?

268
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 ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

505. 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)

506. 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.

507. 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.

508. 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)

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

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

509. 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

510. 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)

271
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

511. 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

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

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 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 ***

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

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

513. 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)
Juridical or legal tie (vinculum or efficient cause)
(tttttttttt)

514. 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.

515. 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.

274
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.

516. 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)

517. 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

518. 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)

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

 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

519. 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.

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

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) 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

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

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)

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

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

521. 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)

522. 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.

278
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

523. 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.

524. 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)

525. 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

526. 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)

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

(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

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

527. 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 :

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

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 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

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

529. 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)

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

530. 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.

531. 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.

532. 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)

533. 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

534. 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

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

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

535. 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

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

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) 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?

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

537. Requisites or elements of an obligation:

(ccccccccccc) Active subject (obligee or creditor)
(ddddddddddd) Passive subject (obligor or debtor)

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

(eeeeeeeeeee) Object or prestation (subject matter of the

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

538. 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.

539. 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.

540. 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)

541. 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

542. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

287
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

(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.

 concept of quantum meruit

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

543. Requisites for quasi-delict.

288
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

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?
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.

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

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?
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)

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

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

545. 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)

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

546. 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.

547. 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.

548. 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)

549. 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

550. 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

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

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.

 concept of quantum meruit

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

551. 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

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

81. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
511. 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.
512. 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?
513. 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?
514. 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?

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

515. 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?
516. 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?
517. 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)

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

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

553. Requisites or elements of an obligation:

(kkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllll) Passive subject (obligor or debtor)

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

(mmmmmmmmmmm) Object or prestation (subject matter of

the obligation)
(nnnnnnnnnnn) Juridical or legal tie (vinculum or efficient cause)

554. 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.

555. 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.

556. 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)

557. 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

558. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

295
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

(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)
NOTE: Know the requisites.

 concept of quantum meruit

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

559. Requisites for quasi-delict.

296
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

82. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :
518. 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.
519. 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?
520. 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?
521. 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.

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

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?
522. 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?
523. 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?
524. 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)

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

298
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”

561. 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)

562. 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.

563. 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.

564. 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)

565. Kinds of obligations from the viewpoint of sanction :

(a) Civil obligations – the sanction is positive law

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

(b) Natural obligations – the sanction is equity

(c) Moral obligations – the sanction is conscience

566. 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.

 concept of quantum meruit

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

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

567. 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 :
525. 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.
526. 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?
527. 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?
528. 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”

301
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?
529. 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?
530. 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?
531. 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)

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

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

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

569. Requisites or elements of an obligation:

(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)

570. 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.

571. 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.

572. 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)

573. Kinds of obligations from the viewpoint of sanction :

303
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

574. 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.

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

 concept of quantum meruit

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

575. 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. 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?

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

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 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 ***

1156-1304, New Civil Code)

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

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)

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

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

577. 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)

578. 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.

579. 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?

307
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

580. 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)

581. 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

582. 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

(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)

308
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

583. 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

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

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

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 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

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

instantaneously. Will Juan be liable in damages for the death of

Pedro?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

585. 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)

586. 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.

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

587. 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.

588. 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)

589. 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

590. 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)

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

(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

591. 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 :

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

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, 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

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

593. 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)

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

594. 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.

595. 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.

596. 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)

597. 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

598. 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

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

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

599. 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

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

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 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?

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

601. Requisites or elements of an obligation:

(iiiiiiiiiiii) Active subject (obligee or creditor)
(jjjjjjjjjjjj) Passive subject (obligor or debtor)

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

(kkkkkkkkkkkk) Object or prestation (subject matter of the

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

602. 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.

603. 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.

604. 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)

605. 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

606. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

320
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

(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

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

607. Requisites for quasi-delict.

321
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

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 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.

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

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 ***

(a) (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
(c) Moral obligations – the sanction is conscience

609. 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

(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

610. Requisites for quasi-delict.

324
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

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) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.

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

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

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

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

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

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

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

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 the typhoon, however, reached the Philippine area of

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

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

330
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

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

624. 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

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)

332
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

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?

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

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 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 ***

PROVISIONS
(Arts. 1156-1162)

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

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

628. 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)

629. 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.

630. 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.

631. 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)

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

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

632. 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

633. 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 :

336
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

634. 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

337
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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, 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 ***

338
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

636. 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)

637. 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.

638. 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.

339
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.

639. 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)

640. 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

641. 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)

340
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 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

642. 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

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.

341
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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

342
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

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

644. 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)

645. 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.

343
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

646. 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.

647. 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)

648. 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

649. 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)

344
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

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

650. 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 :

345
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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

346
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

652. 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)

347
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

653. 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.

654. 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.

655. 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)

656. 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

657. 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

348
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

658. 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

349
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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) 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?

350
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

660. Requisites or elements of an obligation:

(kkkkkkkkkkkkk) Active subject (obligee or creditor)
(lllllllllllll) Passive subject (obligor or debtor)

351
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(mmmmmmmmmmmmm) Object or prestation (subject matter of

the obligation)
(nnnnnnnnnnnnn) Juridical or legal tie ( vinculum or efficient cause)

661. 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.

662. 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.

663. 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)

664. 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

665. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

352
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

(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.

 concept of quantum meruit

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

666. Requisites for quasi-delict.

353
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

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?
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.

354
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

623. amages for the death of Pedro?

*** END ***

624. 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)

625. 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?
626. 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?
627. 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?
628. 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)

356
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

668. 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)

669. 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.

670. 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.

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

357
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)

672. 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

673. 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

358
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

674. 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 :
629. 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.
630. 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?

359
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

631. 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?
632. 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?
633. 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?
634. 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?
635. 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?

360
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

676. 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)

677. 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.

678. 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?

361
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

679. 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)

680. 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

681. 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)

362
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

682. 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 :
636. 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.
637. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian

363
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

legally enforceable?
638. 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?
639. 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?
640. 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?
641. 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?
642. 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

364
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

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

684. 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)

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

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

365
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.

686. 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.

687. 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)

688. 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

689. 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

366
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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)
NOTE: Know the requisites.

 concept of quantum meruit

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

690. 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

367
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

APPLICATION/PROBLEMS :
643. 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.
644. 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?
645. 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?
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?

368
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

692. 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)

369
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

693. 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.

694. 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.

695. 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)

696. 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

697. 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

370
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

698. Requisites for quasi-delict.

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

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

371
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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
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

372
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?

*** 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)

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

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

373
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

700. 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)

701. 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.

702. 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.

703. 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)

704. Kinds of obligations from the viewpoint of sanction :

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

374
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

705. 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)

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

375
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

706. 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
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”

376
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?
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?

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

377
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

708. 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)

709. 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.

710. 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.

711. 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)

712. Kinds of obligations from the viewpoint of sanction :

378
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

713. 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

(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)

379
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

714. 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 :
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?

380
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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
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 ***

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

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

381
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

(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)

382
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

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

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?

383
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

384
TITLE I, CHAPTER 1 – General Provisions (Articles 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)

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

385
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)

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

(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.

386
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

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

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

387
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

388
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)

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)
(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?

389
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

(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)

390
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

733. 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

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.

391
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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

392
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

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

735. 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)
(xxxxxxxxxxxxxx) Juridical or legal tie ( vinculum or efficient cause)

736. 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.

393
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

737. 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.

738. 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)

739. 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

740. 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

(eeeeeeeeeeee) Quasi-contracts (Art.

1160)

394
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

741. 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

106. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

395
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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

396
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

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)

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

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

743. Requisites or elements of an obligation:

(yyyyyyyyyyyyyy) Active subject (obligee or creditor)
(zzzzzzzzzzzzzz) Passive subject (obligor or debtor)
(aaaaaaaaaaaaaaa) Object or prestation (subject matter of
the obligation)

397
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(bbbbbbbbbbbbbbb) Juridical or legal tie (vinculum or efficient

cause)

744. 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.

745. 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.

746. 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)

747. 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

748. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

398
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

(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

749. Requisites for quasi-delict.

399
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

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.

400
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

401
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

751. Requisites or elements of an obligation:

(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)

752. 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.

753. 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.

754. 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)

755. 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

402
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

756. 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

(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

403
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

757. 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

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.

404
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

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)

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

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

759. 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)

760. 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.

761. 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.

762. 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)

763. 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

764. 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

(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)

407
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

765. 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

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

408
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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 ***

409
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

767. 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)

768. 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.

769. 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.

410
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

770. 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)

771. 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

772. 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

411
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

773. 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?

412
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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”
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?
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)

413
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

775. 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)

776. 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.

777. 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.

778. 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)

414
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

779. 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

780. 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)

415
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

781. 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 :
726. 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.
727. 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?
728. 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

416
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

able to raise the money with which to pay his loan to Caitlyn . Is this
agreement legally enforceable?
729. 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?
730. 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?
731. 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?
732. 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 ***

417
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

783. 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)

784. 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.

785. 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.

418
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

786. 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)

787. 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

788. 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

419
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

789. 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 :
733. 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.
734. 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
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

735. 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?
736. 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?
737. 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?
738. 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?
739. 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?

421
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)

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

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

791. 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)

792. 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.

422
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

793. 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.

794. 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)

795. 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

796. 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)

423
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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)
(d) Solutio Indebiti (Art. 2154)
NOTE: Know the requisites.

 concept of quantum meruit

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

797. 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 :

424
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

740. 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.
741. 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?
742. 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?
743. 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?
744. 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?
745. While playing baseball with his friends, Jay broke the
glass window of Kay, his neighbour. The breakage was not made on

425
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

purpose. It was only an accident. Can Kay hold Jay liable for the
damage?
746. 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)

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

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

799. 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)

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

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

426
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.

801. 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.

802. 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)

803. 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

804. 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

427
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

805. 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

428
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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?

429
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

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)

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

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

430
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

807. 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)

808. 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.

809. 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.

810. 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)

811. Kinds of obligations from the viewpoint of sanction :

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

431
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(c) Moral obligations – the sanction is conscience

812. 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

432
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

813. 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”
devastated the entire Philippines including the land owned by Don.

433
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

434
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

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

815. 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)

816. 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.

817. 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.

818. 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)

819. Kinds of obligations from the viewpoint of sanction :

435
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

820. 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)
NOTE: Know the requisites.

436
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 concept of quantum meruit

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

821. 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?
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

437
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

438
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

823. 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)

824. 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.

825. 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.

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

439
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)

827. 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

828. 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)

(lllllllllllll)
(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

440
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

829. 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?

441
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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?

442
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

*** END ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

831. 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)

832. 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.

833. 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?

443
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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

834. 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)

835. 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

836. 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)

444
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

837. 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

445
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

446
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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

Quasi-contracts (Art. 1160)

(rrrrrrrrrrrrr)
(sssssssssssss) Crimes or delicts (Art.
1161) (See Art. 2142)
(ttttttttttttt) Quasi-delicts/torts/culpa-
aquiliana (Art. 1162)
 quasi-delict defined (Art. 2176)

447
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

 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

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.

448
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

783. 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?
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

449
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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)

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.

450
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)

451
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 :

452
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

453
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 ***

1 – GENERAL TITLE I - OBLIGATIONS

(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL 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)

454
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

851. 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.

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

455
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

CASE: Prisma Construction and Development Corporation vs.

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

(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
(c) Damage (e) No pre-existing contractual

456
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

relations

121. Scope of civil liability arising from crimes :

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

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

457
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

858. Requisites or elements of an obligation:

(ccccccccccccccccc) Active subject (obligee or creditor)

458
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(ddddddddddddddddd) Passive subject (obligor or debtor)

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

859. 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.

860. 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.

861. 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)

862. 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

863. Sources of obligations : (Art. 1157)

(a) Law (Art. 1158)

459
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

(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

864. Requisites for quasi-delict.

460
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

122. Scope of civil liability arising from crimes :

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

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.

461
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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?
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 ***

1156-1304, New Civil Code)

CHAPTER 1 – GENERAL TITLE I -

OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 – GENERAL PROVISIONS

(Arts. 1156-1162)

462
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

866. Requisites or elements of an obligation:

(ggggggggggggggggg) Active subject (obligee or creditor)
(hhhhhhhhhhhhhhhhh) Passive subject (obligor or debtor)
(iiiiiiiiiiiiiiiii) Object or prestation (subject matter of the
obligation)
(jjjjjjjjjjjjjjjjj) Juridical or legal tie (vinculum or efficient cause)

867. 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.

868. 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.

869. 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)

463
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

870. 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

871. 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

(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)

464
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

872. 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 :

(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

465
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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
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 ***

466
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

874. Requisites or elements of an obligation:

(kkkkkkkkkkkkkkkkk) Active subject (obligee or creditor)
Passive subject (obligor or debtor)
(lllllllllllllllll)
(mmmmmmmmmmmmmmmmm) Object or prestation (subject
matter of the obligation)
(nnnnnnnnnnnnnnnnn) Juridical or legal tie (vinculum or efficient
cause)

875. 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.

876. 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.

467
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

877. 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)

878. 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

879. 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

(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

468
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

880. 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

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?

469
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

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 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?

470
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)

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

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

882. 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)

883. 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.

471
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

884. 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.

885. 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)

886. 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

887. 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

(jjjjjjjjjjjjjj) Quasi-contracts (Art. 1160)

472
TITLE I, CHAPTER 1 – General Provisions (Articles 1156-1162)

(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

888. 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

125. Scope of civil liability arising from crimes :

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

APPLICATION/PROBLEMS :

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

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 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

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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 ***

PROVISIONS
(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 – Friday)

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

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

890. Requisites or elements of an obligation:

(sssssssssssssssss) Active subject (obligee or creditor)
(ttttttttttttttttt) Passive subject (obligor or debtor)
(uuuuuuuuuuuuuuuuu) Object or prestation (subject matter of
the obligation)
(vvvvvvvvvvvvvvvvv) Juridical or legal tie (vinculum or efficient
cause)

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

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

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

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

892. 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.

893. 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)

894. 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

895. 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

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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.

 concept of quantum meruit

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

896. Requisites for quasi-delict.

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

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

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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 the U.S. While Don was on vacation in the U.S., typhoon “Babing”
devastated the entire Philippines including the land owned by Don.
Before the typhoon, however, reached the Philippine area of
responsibility, Conan, a conscientious neighbour and friend of Don,
employed six (6) farmers to harvest the lanzones planted on the land of
Don. As a result, Conan incurred expenses amounting to P60,000.00.
The employment of the farmers and the harvest of the lanzones from
the land of Don was undertaken by Conan without the approval of Don
as the latter was still in the U.S. Upon the arrival of Don in the
Philippines from his trip, may he be compelled by Conan to refund the
P60,000.00 expenses incurred?

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

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 ***

838. amages for the death of Pedro?

*** END ***

479