Assignment No.

1 Aug 17, 2024

1. What is obligation? Explain the elements of the obligation.

There is a statutory definition of obligation found in article 1156 of the civil code of the

Philippines; An obligation is a juridical necessity to give, to do, or not to do. An obligation is

a "legal bond whereby constraint is laid upon a person or group of persons to act or forbear

on behalf of another person or group of persons."

Right and obligation are different. "A right is a claim or title to an interest in anything

whatsoever that is enforceable in by law. An obligation "is a juridical necessity to give to do

or not to do.

For every right enjoyed by any person, there is a corresponding obligation on the part of

another to respect such right."

Juridical necessity
- In case of noncompliance, courts of justice may be called upon for its fulfilment.
- Pag di mo ginawa ung obligation mo pwede kang kasuhan sa korte. Kailangan sya

Essential Requisites of an obligation

1. A Passive Subject
- Debtor: kasi sya ung kakasuhan if she / he fails her / his obligation
- Also called debtor or obligor
- Person bound to the fulfillment of the obligation
- Person who has the duty to give, to do, or not to do.
- The person from whom the performance of the obligation is demandable,
known as the debtor or obligor.
2. An Active Subject
 - he person who has the right to demand performance of the obligation, known
as the creditor or obligee.
- Creditor: kailangan nya magsampa ng kaso sa mtc, rtc or sa korte
- Also called creditor or obligee
- Person entitled to demand fulfillment
- Person who has a right to demand
3. Object or prestation
- Obligation mo
- To pay or give the payment = object
- To deliver food= object
- Subject matter of the obligation Conduct required to be observed by the debtor
(to give, to do, or not to do)

* In reciprocal obligations, the parties are reciprocally debtors and creditors of each other.

- The subject matter of the obligation which consists in giving, doing or not
doing something.

4. A juridical or legal tie Efficient cause

Pag ikaw ung seller: legal tie is desire of money

Also called efficient cause

Bind or connects the parties to the obligation

* In reciprocal obligations, the parties are reciprocally

debtors and creditors of each other.

This is the vinculum or juridical tie that binds the parties to the obligation; it is the reason
why the obligation exists. The efficient cause of an obligation may be any of the five sources
of obligation.

2. Explain (a) natural obligation, (b) civil obligation and (c) moral obligation.

Civil obligations
 - gives the creditor or obligee the right to enforce performance
- Pag umutang ka kailangan m bayaran
- Need mo mag pay ng taxes
- Need mo gawin kasi makakasuhan ka pag di mo ginawa

Natural obligations

- Based on equity and natural law.

- no right of action
- Po and opo, take care of girlfriend

According to Sanction:

a. Civil Obligation – defined by Atr. 1156, and sanction is juridical process.

b. Natural Obligation – based on natural law and the motivation in fulfilling the
obligation is good conscience.

c. Moral Obligation – similar with natural obligations which are based on good
conscience and moral values.

3. What are the sources of obligation?

Sources of obligations (Art. 1157) [LCQAQ]

1. Law

* Where the obligation is imposed by law itself.

Examples - obligation to pay taxes; obligation to support one's family

2. Contracts

From agreement and stipulation of the parties

Examples - obligation to repay a loan; obligation to deliver a purchased item

 3. Quasi-contracts

Similar to a contract, but agreement between parties is not present

Resulting from unilateral acts which are lawful and voluntary

To prevent unjust enrichment

Examples - obligation to reimburse neighbor who put out fire in your house while
you are away; obligation to return money paid by mistake

4. Acts or omissions punished by law (delicts or crimes)

• Those arising from civil liabilities which are consequences of criminal offenses

Examples - obligation of thief to return object stolen by him; obligation of accused to

indemnify victim in physical injuries

5. Quasi-delicts or torts

Those arising from damages caused to another, there being fault or negligence

No contractual relation between the parties

Examples - obligation of building owner to pay damages suffered by pedestrian from

falling pots or things placed on window ledges.

- Law: THE LAW PROVIDES FOR OBLIGATION ITSELF

- Contracts: one of the sources of obligation, if two or more person enter in the
contract then you are obliged to perform the obligations provided that those obligation
are lawful.
- Quasi-contracts: quasi means parang contract, it is missing some consen. If nasusunog
ung bahay ng kapitbahay mo but walang tao sa bahay nila. Gumastos ka ng 50k para
masagip ung bahay ng kapitbahay mo. tas nung bumalik kapitbahay mo, then
 nagastusan ka ng 50k. Pwede mo sila singilin because the essence of this is prevention
of unjust enrichment.
- Acts or omissions punishable by law (crimes): intentional and oblige ka ibalik ung
ninakaw
- Quasi-delicts (torts): pag naglagay ka ng paso sa bintana then nahulog then natamaan
ung tao sa bababa. Need mo un panagutan kahit unintentional kasi meron kang
negligence

4. What are the kinds of quasi contract?

Kinds of quasi-contracts

- Negotiorum gestio

1. Negotiorum gestio

- Voluntary management of the property or affairs of another

- Without knowledge or consent of the latter
- Examples - Neighbor put out the fires of your home while you were away, and your
neighbor incurs expenses
- Solutio indebiti

2. Solutio indebiti
- Payment by mistake
- No right to receive the thing delivered
- Thing was delivered through mistake

5. What are the civil liabilities arising from crime?

6. What are the kinds of negligence (culpa)

Kinds of negligence
Contractual negligence (culpa contractual)

Negligence in fulfillment of pre-existing obligation;

Negligence in contracts resulting in their breach;

Not a source of obligation. Law makes debtor liable for damages because of his negligence
in the fulfillment of the obligation;

Remedy is payment of damages.

Ex. If S entered into a contract of sale with B to deliver a specific horse on a certain day and
the horse died through the negligence of S.

Liability of a common carrier to injured passengers when vehicle driver is negligent

2. Civil negligence (culpa aquiliana)

No pre-existing contractual relation between the parties;
Negligence in contracts resulting in their breach;
The negligence itself is a source of obligation;

○ Also called quasi-delicts or torts

Remedy is payment of damages.
○ Ex. In the textbook, assuming the horse is owned and possessed by B, negligence of S
which results in injury of the horse will make him liable for culpa aquiliana.)
Liability of a bus driver to other cars and pedestrians he or she hit on the road, if he
or she was driving negligently

3. Criminal negligence (culpa criminal)

Negligence resulting in commission of a crime (reckless imprudence);

Aggrieved party may choose between criminal action or civil action (What will you pick?);
Cannot recover twice;
Ex. Reckless imprudence resulting to damage to property/slight physical injuries / less
serious physical injuries/ serious physical injuries / homicide

7. How can you distinguish generic from specific thing. Give example.

8. What are the kinds of fruit? Give example for each.

9. Differentiate rela right and personal right.

10. What are the remedies of a creditor against the debor in an obligation to deliver

a specific thing?
 LECTURE

Subjects of law
Divine law
- law of religion and faith

Natural law

- divine inspiration in man of the sense of justice, fairness, and righteousness

- not by divine revelation or formal promulgation
- regarded as the reasonable basis of state law.

What you think is right and wrong: hindi need ng batas para malaman mo ung tama

Moral law
- totality of the norms of good and right conduct growing out of the collective sense of
right and wrong of every community
- influences or shapes state law to a great extent

Physical law

- laws of physical science or physical law. e.g. law of gravity, law of inertia.

State law
- law that is promulgated and enforced by the state.
- also called positive law
- a rule of conduct ~ obligatory
- promulgated by legitimate authority

CURRENT CONSTITUTION

- 1987 PHIL CONSTI

Constitution
- fundamental law or highest law of the land
- promulgated by the people themselves
 - laws or acts contrary to the Constitution are void and without effect

Legislation
- Republic Acts or Statutes enacted by the Congress of the
- Includes local ordinances enacted by LGUs

Administrative or executive orders, regulations, and rulings

- intended to clarify or explain the law and implement the same
- without force and effect if contrary to the Constitution and other laws

Essential Requisites of an obligation

5. A Passive Subject
- Debtor: kasi sya ung kakasuhan if she / he fails her / his obligation
- Also called debtor or obligor
- Person bound to the fulfillment of the obligation
- Person who has the duty to give, to do, or not to do.

6. An Active Subject

- Creditor: kailangan nya magsampa ng kaso sa mtc, rtc or sa korte
- Also called creditor or obligee
- Person entitled to demand fulfillment
- Person who has a right to demand
-

7. Object or prestation
- Obligation mo
- To pay or give the payment = object
- To deliver food= object
 - Subject matter of the obligation Conduct required to be observed by the debtor
(to give, to do, or not to do)

* In reciprocal obligations, the parties are reciprocally debtors and creditors of each other.

8. A juridical or legal tie

- Pag ikaw ung seller: legal tie is desire of money
- Also called efficient cause
- Bind or connects the parties to the obligation * In reciprocal obligations, the
parties are reciprocally
- debtors and creditors of each other.

Forms of obligations

○ Manner in which obligation is manifested

○ May be oral or in writing
- Kahit walang kasulatan may obligation pa rin
- Like taxes

Kinds of obligation

1. Real obligation - obligation to give

2. Personal obligation - obligation to do or not to do

a) Positive personal obligation - obligation to do or render

service
b) Negative personal obligation - obligation not to do