Buslaw Report

"CONCEPTS AND
SOURCES OF
OBLIGATION"
PRESENTORS
Cea, Micaella Diongon, Larisa R.
Supe, Charles Harvey Miran, Aaliyah R.
OBLIGATION
Article 1156: An obligation is a juridical necessity to give, to do or not to do.
2 parties in an obligation
1. Debtor - the party who is obliged to perform the obligation
2. Creditor - the party who has the right to demand performance of the
obligation
real obligation - obligation to give

personal obligation - obligation to do and not to do
CIVIL AND NATURAL
OBLIGATIONS
An obligation are civil or natural. Civil
Obligation is based on a positive law and
gives right of action to compel their
performance, while Natural Obligation is
based on natural law, but on equity and
moral justice. Hence, it is not
enforceable by court action, but after
voluntary performance of the debtor, he
can no longer recover what he has given.
There are 4 essential requisites of an
obligation in order to exist. All of these must
be present:
1. Active subject - It is the party (creditor or obligee) who has the

right to demand the performance of an obligation.
2. Passive subject - It is the one (debtor or obligor) who is obliged

to perform the obligation.
3. Prestation - It is the object of the obligation. It is what the

obligation is all about either to give, to do, not to do, or a
combination.
4. Efficient Cause - The juridical tie that binds the parties to an

obligation. It is what binds the parties (e.g. contracts, quasi
contracts).
Quasi Contracts
quasi-contract is that juridical relation
resulting from lawful, voluntary and
unilateral acts by virtue of which the
parties become bound to each other to
the end that no one will be unjustly
enriched or benefited at the expense of
another. ( Art. 2142)
Quasi Contracts
Article 1160 NCC
A quasi-contract is not the same
as a contract because in quasi-
contract there is no consent and
the same is supplied by fiction of
law, while in case of contract,
consent is essential for its validity.
The principle involved in quasi-
contract is no person shall be
unjustly enriched or benefited in
the expense of another
Only Implied in Law
Ordered by a Judge
No Contract Exists
What is a Quasi Contract
Example?
Pedro, the owner of the citrus orchard,
went to Boracay for a vacation, leaving
nobody to take care of his orchard. During
his absence, a strong typhoon hit in the
Philippines damaging his orchard and
causing the citrus fruits to fall. Ramon, a
neighbor of Pedro, gathered the fruits and
sold the same at the best obtainable price.
He also tended the orchard, incurring
expenses to minimize the damage caused
by typhoon. In this case, Ramon acted as an
officious manager of the abandoned
property of Pedro without the latter’s
consent. Ramon became liable to pay Pedro
the expenses incurred for voluntary
administration of Pedro’s property for the
reason that no one shall unjustly be
enriched or benefited at the expense of
another.
Kinds Of Quasi Contracts
What are the kinds of quasi-contracts?
-NOMINATE QUASI CONTRACTS

refer to Negotiorum Gestio and Solutio
Indebitii,
-INNOMINATE QUASI-CONTRACTS refer

to those that are covered by definition
of quasi-contract.
The two contracts specified under the

New Civil Code do not exclude other
quasi-contracts which may come
within the purview of the concept of
quasi-contracts. (Article 2143, NCC.)
Negotiorum gestio
is a legal situation where someone
manages or interferes in another
person's business transaction without
permission but out of concern or
friendship.
Solutio indebitii
refers to payment by mistake. It is
receiving payment by mistake that is
not due or does not have such right to
demand such payment. It creates an
obligation to return such payment.
"Crimes Or Delict"
Article. 1161 NCC
Civil liability arising from crimes or delicts.

Oftentimes, the commission of a crime causes not only moral evil
but also materialdamage General Rule: Every person criminally
liable is also civilly liable for damages.(Art. 100, Revised Penal
Code)
Exception: In crimes which cause no material damage, there is no
civil liabilityto be enforced, such as contempt, violation of the
Comprehensive Dangerous DrugsAct, violation of the Election
Code, possession of firearms and ammunitions.
However, a person not criminally responsible may still be civilly
liable, such ascausing damage to another's property without
malicious or criminal intent ornegligence.
Scope of civil liability. Example:
If Akusado is convicted for the crime of carnapping, the court will
-Restitution; order Akusado
to: (1) Return the car or pay its value if it was lost or destroyed; (2)
-Reparation for the damage Payfor any damage caused to the car, and (3) Indemnify such
caused, and other damages suffered by the offended party as a consequence
of the crime, such as moral, nominal, or exemplary damages
-Indemnification for Art. 1162. Obligations derived from quasi-delicts shall be
consequential damages. governed by theprovisions of Chapter 2, Title XVIl of this Book,
and by special laws.
(1093a)Obligations arising from quasi-delicts.
(Art. 104, Revised Penal
Code)
A quasi-delict is an act or omission by a

person which causes damage to another,
there being fault or negligence, but
without any pre-existing contractual
relationbetween the parties. (Art. 2176,
Civil Code)
Quasi Delict
Article 1162 NCC
Whoever by act or omission causes damage to

another, there being fault or negligence, is
obliged to pay for the damage done. Such fault
or negligence, if there is no pre-existing
contractual relation between the parties, is
called a quasi-delict and is governed by the
provisions of this Chapter
CRIMES
Vs
QUASI
DELICT
LET'S
- In crime, there is criminal intent, or criminal negligence. In
quasi-delict, there is only negligence.
-Crime affects public interest, quasi-delict concerns only

private interest.
-In crime, there are generally 2 liabilities (civil and criminal.

In quasi-delict, there is only 1 (civil)
-In crime, the purpose is punishment. In quasi-delict, the

purpose is indemnification
LET'S -
-Criminal liability cannot be compromised or settled by the parties.

Civil liability arising from quasi-delict can be compromised as any
other civil liability.
- Incrime, guilt must be proved beyond reasonable doubt. In quasi-

delict, fault or negligence must be proved by a preponderance of
evidence.
-In crime, the liability of the person responsible for the negligence is
subsidiary, while in quasi-delict, it is direct and primary.
Concept of Obligor and
Obligue
OBLIGOR:
An obligor is an individual, entity, or party that has a legal or contractual obligation to fulfill certain
duties, responsibilities, or payments to another party.
This term is commonly used in the context of financial transactions, such as loans or bonds, where one
party (the obligor) is obligated to make payments to another party (the obligee) according to the terms
of a contract.
OBLIGUE:
To "oblige" is a verb that means to bind morally or legally, to compel by contract or law, or to do a favor
for someone.
When someone is obliged to do something, it means they are under a moral or legal duty to perform that
action.
In a legal or contractual context, obligations or duties outlined in an agreement oblige the parties
involved to adhere to the specified terms.
In simple terms, a "obligor" is a party who has an obligation or duty to fulfill, usually under a legal or
contractual agreement. The4,061,299
idea of being a "oblige" refers to the act of imposing or being subjected to
Simple Text Here
such duties, whether through a legal agreement or moral duty. These principles are crucial for
understanding the relationships and duties outlined in various contracts and agreements.

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"CONCEPTS AND

real obligation - obligation to give

1. Active subject - It is the party (creditor or obligee) who has the

2. Passive subject - It is the one (debtor or obligor) who is obliged

3. Prestation - It is the object of the obligation. It is what the

4. Efficient Cause - The juridical tie that binds the parties to an

-NOMINATE QUASI CONTRACTS

-INNOMINATE QUASI-CONTRACTS refer

The two contracts specified under the

Civil liability arising from crimes or delicts.

A quasi-delict is an act or omission by a

Whoever by act or omission causes damage to

-Crime affects public interest, quasi-delict concerns only

-In crime, there are generally 2 liabilities (civil and criminal.

-In crime, the purpose is punishment. In quasi-delict, the

-Criminal liability cannot be compromised or settled by the parties.

- Incrime, guilt must be proved beyond reasonable doubt. In quasi-

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