Obligation

Obligation- In latin word it is obligatio which means tying or bonding
Ex: You have an obligation to pay for your house rent within one month. A must something to do/ or
responsibility
Contract- according to one of the playable character in genshin impact which is the god of contracts, If
fainess is loss then the contract shall become the proof of one’s deception
Judicial necessity is that non -compliance with the agreement will incur punishment in accordance with
the law.
Characteristics of Obligations
1. It represents an exclusively private interest. – self assessment/self interest
Private interest means any interest, including but not limited to a financial interest, which
pertains to a person or business whereby the person or business would gain a benefit, privilege,
exemption or advantage from the action of a state agency or employee that is not available to
the general public.
2. It creates ties which are by nature transitory since they involve periods of time.
3. It involves the power to make the juridical tie defective in case of non-fulfillment
through satisfaction of the debtor’s property.
 The Essential Requisites of Obligations
1. The juridical or legal tie (vinculum juris) which binds the parties to the obligation,
and which may arise from either bilateral or unilateral acts of persons. It is the
enforceability of the obligation.
2. An active subject known as the obligee or creditor, who can demand the
fulfillment of the obligation. The active subject is always a juridical or natural
person.
3. A passive subject known as the obligor or debtor, against whom the obligation is
juridically demandable. The passive subject must be determinate or at least
determinable.
4. The fact, prestation or service which constitutes the object of the obligation. It
always consists in an activity or conduct to be observed by the debtor towards
the creditor. This conduct to be observed is known as the prestation. For

example, in a contract of sale of a motor vehicle, the object of the obligation is
the act of delivering the car. As a consequence, the car is the object of the
prestation.
Note: Some authors and civilists include the cause of the obligation as a requisite
which is the “why?” of the obligation and others include the “form” of the
obligation in order to be demandable but the above four requisites are the
essential requisites of an obligation.
 Classification of Obligations
The following are the primary classifications of obligations under the Civil Code:
 Pure and Conditional Obligations (Arts. 1179-1192)

 With a period (Arts. 1193-1198)
 Alternative and Facultative (Arts. 1199-1206)
 Joint and Solidary (Arts. 1207-1222)
 Divisible and Indivisible (Arts. 1223-1225)
 With a penal clause (Arts. 1226-1230)
There are other classifications of secondary character scattered from the provisions of the Civil Code,
such as:
 Legal, conventional, and penal (Arts. 1158-1162)

 Real and personal (Arts. 1163-1168)
 Determinate and generic (Arts. 1163-1166)
 Positive and negative (Arts. 1167-1168)
 Unilateral and bilateral (Arts. 1169-1191)
 Individual and collective (Arts. 1207, 1223)
 Accessory and principal (Arts. 1166, 1226)
Sources of Obligations
Article 1157. Obligations arise from:
1) Law
2) Contracts
3) Quasi-contracts
4) Acts or omissions punishable by law
5) Quasi-delicts
Article 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.
Law – Unlike other obligations, those derived from law can never be presumed.
Consequently, only those expressly determined in the Civil Code and other
special laws are demandable. There is really only one source of obligations and
that is law. Without the law saying that a particular contract is enforceable, the
contract will not give rise to an obligation.
8
Article 1159. Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good
faith.
Contract is a meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.
The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient provided they are not contrary to law,
morals, good customs, public order, or public policy. (Article 1306)
Contracts are perfected by mere consent, and from that moment the parties are
bound not only to the fulfillment of what has been expressly stipulated but also
to all the consequences which, according to their nature, may be in keeping with
good faith, usage and law.
Article 1160. Obligations derived from quasi-contracts shall be subject

to the provision of Chapter 1 Title XVII of this Book.
Quasi-contracts are those juridical relations arising from lawful, voluntary, and
unilateral acts, by virtue of which the parties become bound to each other, based
on the principle that no one shall be unjustly enriched or benefited at the
expense of another. These include the provisions covering negotiorum gestio
(Article 2144), solutio indebiti (Article 2154), and unjust enrichment (Article 22).
Article 1161. Civil Obligations arising from criminal offenses shall be

governed by the penal laws, subject to the provisions of Article 2177,
and the pertinent provisions of Chapter 2, Preliminary Title on Human
Relations, and of Title XVIII of this Book, regulating damages.
As a rule, if you commit a crime, you are liable both criminally and civilly. The
exception is when the crime committed has no private offended party like in the
offense of contempt of court or illegal possession of firearms. The Civil Code
deals with the civil aspect particularly to the obligation to repair the damages
caused for the crime committed.
Article 1162. Obligations derived from quasi-delicts shall be governed

by the provisions of Chapter 2, Title XVII of this Book, and by special
laws.
9
Quasi-delicts refer to all of those obligations which do not arise from law,
contracts, quasi-contracts, or criminal offenses. Thus, following article 2176 of
the Civil Code, it may be defined as the fault or negligence of a person, who by
his act or omission, connected or unconnected with, but independent from any
contractual relation, causes damage to another. It is equivalent to tort in
common law.
Requisites of liability for quasi-delicts in order to recover damages:

1. The fault or negligence of the defendant;
2. The damage suffered or incurred by the plaintiff;
3. The relation of cause and effect between the fault or negligence of the
defendant and the damage incurred by the plaintiff.
Obligations arising from quasi-delicts are demandable not only from the person
directly responsible but also against the following:
1. The father, and in case of death or incapacity, the mother, with respect to
damages caused by the minor children living in their company;
2. Guardians, with respect to damages caused by the minors or incapacitated
persons who are under their authority and living in their company;
3. The owners and manages of an establishment or enterprise, with respect to
damages caused by their employees in the service of their branches in which
the latter is employed or on occasion of their official functions;
4. Employers with respect to damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even
though they are not engaged in any business or industry;
5. The state, when it acts through a special agent, but not when the damage is
caused by an official to whom the task done properly pertains; and
6. Lastly, teachers or heads of establishments of arts and trades with respect to
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.
 Note that the responsibility of the above persons or entities shall cease if they
can prove that they have observed all the diligence of a good father of a
family to prevent damage.
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QUESTIONS TO PONDER
1. What are obligations?
2. What are the different classifications of obligations?
3. What are the essential requisites of obligations?
4. What is the fundamental source of obligations as compared to other sources?
REQUIRED READING/S AND OTHER LEARNING RESOURCES
1. Chapter 1, pp. 1 – 41:

Jurado, D. (2010) Comments and Jurisprudence on Obligations and Contracts, 12th
revised ed. Rex Printing Company, Inc. Quezon City, Philippines
LEARNING ACTIVITIES
Read and digest the following jurisprudence. Focus on the issues related to our topics.
1. Read the Decision of Perez vs. Pomar, G.R. No. L-1299, November 16, 1903
2. Read the Decision of PSBA vs. Court of Appeals, G.R. No. 84698, February 4,
1992
3. Read the Decision of Philippine Rabbit Bus Lines, Inc. vs. People of the
Philippines, G.R. No. 147703, April 14, 2004
4. Macasaet vs. COA, G.R. No. 83748, May 12, 1989
5. Elcano vs. Hill, G.R. No. L-24803, May 26, 1977

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Obligation- In latin word it is obligatio which means tying or bonding

1. It represents an exclusively private interest. – self assessment/self interest

through satisfaction of the debtor’s property.

 The Essential Requisites of Obligations

enforceability of the obligation.

fulfillment of the obligation. The active subject is always a juridical or natural

juridically demandable. The passive subject must be determinate or at least

always consists in an activity or conduct to be observed by the debtor towards

the creditor. This conduct to be observed is known as the prestation. For

essential requisites of an obligation.

 Pure and Conditional Obligations (Arts. 1179-1192)

 Legal, conventional, and penal (Arts. 1158-1162)

Article 1160. Obligations derived from quasi-contracts shall be subject

Article 1161. Civil Obligations arising from criminal offenses shall be

Article 1162. Obligations derived from quasi-delicts shall be governed

Requisites of liability for quasi-delicts in order to recover damages:

REQUIRED READING/S AND OTHER LEARNING RESOURCES

1. Chapter 1, pp. 1 – 41:

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