Chapter 1&2law

CHAPTER 1 -
GENERAL PROVISIONS
Art. 1156. An obligation is a juridical necessity to give, to do or not to do.

Answer : Obligation – a juridical necessity to give, to do or not to do
Debtor/Obligor – bound to the fulfillment of the obligation
Creditor/Obligee – person entitled to demand

KINDS OF OBLIGATIONS
1. Real Obligation – Obligation to give
2. Personal Obligation – obligation to do or not to do
a. Positive personal obligation – To do
b. Negative personal obligation – not to do/give
The definition of obligations establishes
An obligation is a juridical necessity to give, to do or not to do. the unilateral act of the debtor
either to give, to do or not to do as a patrimonial obligation. It means that the debtor has the
obligation while the creditor has its rights.
Art. 1157. Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Obligations arise from:
1. Law – imposed by law itself
2. Contracts – stipulation of the parties
3. Quasi Contracts – no ones can be unjustly enriched at the expense of another
a. Negotiorum gestio – voluntary management of the property of affairs of another
b. Solution indebiti – something is received when there is no right to
demand (no right to receive OR delivered through mistake)
4. Crimes – punishable by law, arise from civil liabilities
5. Quasi delicts – arise from damage caused by another. (no relationship)
a. Act or omission
b. Fault of negligence
c. Damage caused
d. Direct relation of act and damage
e. No relationship
Crimes VS Quasi Delict
1. criminal of malicious intent
2. punishment
3. affects public interest
4. criminal AND civil liabilities
5. can NOT be compromised by the parties themselves
6. guilt must be proved beyond reasonable doubt
1. only negligence
2. indemnification of offended parties
3. concerns private interest
4. only civil liabilities
5. can be compromised as any other civil liability
6. proved by preponderance of evidence
Art. 1158. Obligations derived from law are not presumed.

Only those expressly determined in this Code or in special laws are demandable, and shall be
regulated by the precepts of the law which establishes them; and as to what has not been
foreseen, by the provisions of this Book. (1090)
answer : refers to the legal obligations or obligations imposed by specific provisions of law,
which means that obligations arising form law are not presumed and that to be demandable
must be clearly provided for, expressly or impliedly in the law. Examples: It is the duty of the
Spouses to support each other. (Art. 291, New Civil Code) And under the National Internal
Revenue Code, it is the duty of every person having an income to pay taxes.
Art. 1159. Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith. (1091a)
answer : Obligations arising from contracts have the force of law between the contracting
parties
and should be complied with in good faith
SCOPE OF CIVIL LIABILITY
1. restitution
2. reparation of damage caused
3. indemnification for consequential damages
Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter
1, Title XVII, of this Book.

Answer : ART. 1162. Obligations derived from quasi-delicts shall be governed by the provisions
of Chapter 2, Title XVIII of this Book, and by special law. (1093a)Civil obligations arising from
criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177,
and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of
regulating damages. (1092a)
chapter 2 : Art. 1161. Civil obligations arising from criminal offenses shall be governed by the
penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter
2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
(1092a)
Answer : Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family, unless the law or the stipulation of the ART. 1664.
The creditor has a right to the fruits of the parties requires another standard of care. (1904a)
thing from the time the obligation to deliver it arises. However, he shall acquire no real right over
it until the same has been delivered to him
Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter
2, Title XVII of this Book, and by special laws. (1093a)
Book IV : OBLIGATIONS and CONTRACTS
REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE
PHILIPPINES
Title. I. - OBLIGATIONS
CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS
Art. 1163. Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family, unless the law or the stipulation of the parties
requires another standard of care. (1094a)
Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver
it arises. However, he shall acquire no real right over it until the same has been delivered to
him. (1095)
Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the
right granted him by Article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the
expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do
not have the same interest, he shall be responsible for any fortuitous event until he has effected
the delivery. (1096)
Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned. (1097a)
Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his
cost.
This same rule shall be observed if he does it in contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has been poorly done be undone. (1098)
Answer : Obligation of the debtor To Do When the debtor performs the obligation but contrary
to the When the debtor fails to do the obligation;Being a personal positive obligation, The
creditor has the right to secure the services of third person to perform the obligation at the
expense of the debtor under the following instances: When the obligor poorly performs the
obligation. tenor; or
Art. 1168. When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense. (1099a)
Answer : This is negative personal obligation which is consisting of an obligation, of not doing
something. If the debtor does what has been forbidden him to do, the obligee can ask the debtor
to have it undone. If it is impossible to undo what was done, the remedy of the injured party is
for an action of damages. Example- A bought a land from B. It was stipulated that A would not
construct a fence in a certain portion of his land adjoining that land sold by B. Should A
construct a fence in violation of the agreement, B. can bring an action to have the fence remove
at the expense of A.
Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee
judicially or extrajudicially demands from them the fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the designation
of the time when the thing is to be delivered or the service is to be rendered was a controlling
motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to
perform.
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready
to comply in a proper manner with what is incumbent upon him. From the moment one of the
parties fulfills his obligation, delay by the other begins. (1100a)
Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or
delay, and those who in any manner contravene the tenor thereof, are liable for damages.
(1101)
Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for future fraud is void. (1102a)
Art. 1172. Responsibility arising from negligence in the performance of every kind of obligation
is also demandable, but such liability may be regulated by the courts, according to the
circumstances. (1103)
Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which
is required by the nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place. When negligence shows bad faith, the provisions of
Articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required. (1104a)
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall
be responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable. (1105a)
Art. 1175. Usurious transactions shall be governed by special laws.
Art. 1176. The receipt of the principal by the creditor without reservation with respect to the
interest, shall give rise to the presumption that said interest has been paid.
The receipt of a later installment of a debt without reservation as to prior installments, shall
likewise raise the presumption that such installments have been paid. (1110a)
Art. 1177. The creditors, after having pursued the property in possession of the debtor to satisfy
their claims, may exercise all the rights and bring all the actions of the latter for the same
purpose, save those which are inherent in his person; they may also impugn the acts which the
debtor may have done to defraud them. (1111)
Art. 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if
there has been no stipulation to the contrary. (1112)

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CHAPTER 1 -

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

Art. 1157. Obligations arise from:

Art. 1158. Obligations derived from law are not presumed.

1, Title XVII, of this Book.

CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS

(1) When the obligation or the law expressly so declare; or

Art. 1175. Usurious transactions shall be governed by special laws.

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