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Obligation derived from the latin word “obligatio” meaning tying or binding. Joridical
necessity connote that in case of non compliance, there will be legal sanction.
Elements:
Passive Subject – the one bound to perform the prestation to give, to give, to do or not to
do
Efficient Cause – the juridical tie or vinculum by virtue of which the debtor has become
bound to perform the prestation
Article 1157
Law;
Contracts;
Quasi-Contracts;
Act or omissions punished by law; and
Quasi-delicts
1. Batas;
2. Kontrata;
3. Quasi-Kontrata
4. Kilos o kilos na masama na pinaparusahan ng batas; at
5. Quasi-delicts
Sources of Obligations
1. Law (obligation ex lege)-like the duty to pay taxes and to support one’s family.
2. Contracts (obligation ex contractu) – like the duty to repay a loan by virtue of an agreement.
3. Quasi-contracts (obligations ex quasi-contractu) – like the duty to refund an “over change” of
money because of the quasi-contract of solution indebiti or “undue payment.”
4. Crimes or Acts of Omissions Punished by Law (obligations ex maleficio or ex delicto) – like the
duty to return a stolen carabao.
5. Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair
damage due to negligence.
Article 1158
Obigations 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)
Ang mga obligasyon na hango sa batas ay hindi inaakala. Ang mga obligasyon lamang
na hayagang nakasaad sa Code na ito at sa mga espesyal na batas ang may bisa, at
pinapatakbo ng mga utos ng batas na nagtatag ng mga ito; para sa mga obligasyon na
hindi inaasahan, sila ay bibigyang bisa ng probisyon ng Libro na ito.
Discussion:
When obligations are not expressly provided by law, they cannot be presumed to exist –
thus making the not demandable nor enforaceable
CATEGORY: I. OBLIGATIONS
Article 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)
Ang bawat tao na obligado na magbigay ng isang bagay ay obligado rin na pangalagaan ito na
may tamang pagkalinga tulad ng isang ama ng tahanan, maliban kung ang batas o ang stipulasyon
ng mga partido ay nangangailangan ng iba pang pamantayan ng pagaalaga.
Discussion:
*”The diligence of a good father of a family” is the diligence required on this article and if
extraordinary diligence is required, then the obligor shall exercise extraordinary diligence.
Article 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)
And nagpautang ay may karapatan sa mga bunga ng bagay mula sa oras na ang
obligasyon na ihatid ito ay nagsimula. Ngunit, Siya ay dapat walang “real right” sa mga
bagay na nasaad hanggang ang mga ito ay maihatid sa kanya.
Discussion:
Article 1165
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 fortuitous
event until he has effected the delivery.
Kapag kung ano ang upang maihatid ay isang maliwanag na bagay, ang
pinagkakautangan , bilang karagdagan sa kanan ipinagkaloob sa kanya ng Article 1170,
maaaring pilitin ang may utang upang gawin ang paghahatid.
Kung ang bagay ay hindi tiyak o generic , maaari niyang hilingin na ang obligasyon na
nakasunod sa sa kapinsalaan ng ang may utang .
Kung ang obligor pagkaantala, o ipinangako upang maihatid ang parehong bagay sa
dalawa o higit pang mga tao na hindi magkaroon ng parehong interes , siya’y magiging
responsable para sa di-inaasahang pangyayari hanggang sa siya ay maapektuhan ang
paghahatid.
Yu Tek v. Gonzales
Facts: A obligated himself to sell for a definite price a certain specified quantity of sugar
of a given quality, without designating a particular lot.
Issue: In case the sugar is lost by a fortuitous event, who bears loss prior to delivery, the
seller or the buyer?
Held: In this case, the seller bears the loss because what was delivered was not a specific
thing, but a generic thing. And genus never perishers. Incidentally, the sale here cannot
be said to have been already perfected because of the lack of physical segregation from
the rest of the sugar.
Article 1179
Every obligation whose performance does not depend upon a future or uncertain
event, or upon a past event unknown to the parties, is demandable at once.
Discussion:
Condition – future and uncertain event upon which the existence or extinguishments of
an obligation is made to depend.
Pure Obligation – one which does not contain any condition or term upon which its
fulfillment is made to depend.
1. Suspensive (condition precedent/antecedent) – its fulfillment gives rise to the obligation, if not
fulfilled, no obligation will arise.
2. Resolutory (condition subsequent) – extinguishes the obligation which is already existing.
The future knowledge or proof of the past event, but not the past event itself is the only
possibility of applying a past event as a condition in an obligation.
As to effect:
Suspensive – when the performance or fulfillment of the condition results in the birth or
acquisition of the rights contemplated in the obligation.
Resolutory – results in the extinguishment of the rights which have previously arisen out
of the obligation.
As to Cause/Origin :
Casual – depends upon chance and/or upon the will of the third person
Mixed – depends partly upon the will of a party to the obligation and partly upon chance
and/or the will of a third person.
As to Possibility:
Possible – when the condition is capable of fulfillment according to nature, law, public
policy or good customs. (Art. 1183)
Impossible – not capable of fulfillment according to nature, law, public or good customs.
(Art. 1183)
As to mode:
Positive – when the condition involves the doing of an act. (Art. 1184)
Negative – when the condition involves the omission of an act. (Art. 1184)
As to Divisibility
As to numbers:
Conjunctive – when there are several conditions in an obligation and all of which must
be performed.
Alternative – when there are several conditions in an obligation but only one must be
performed.
As to form :
Implied – when the condition is not expressly stated but merely inferred from the conduct
of the parties.
Article 1180
When the debtor binds himself to pay when his means permit him to do so, the
obligation shall be deemed to be one with a period, subject to the provisions of
Article 1197. (n)
Kapag ang may utang ay ibinigkis kanyang sarili upang bayaran ang kanyang pag
kakautang kapag ang kanyang pamamaraan/kakayahan ay pinahihintulutan siya
upang gawin ito, ang obligasyon ay itinuturing bilang isa na may takdang
panahon, na napapailalim sa mga probisyon ng Article1197
When the debtor binds himself to pay forms of promise or commitment, the obligation is deemed
with a period or term.
The moment of payment is dependent upon the will of the debtor.
Note: As the time of payment is not fixed, the same must be first fixed first before any
action for collection should be allowed. This means, the creditor cannot immediately file
an action for collection of the sum promised to be paid.
Article 1181
Sa mga obligasyon condisyonal, ang pagtatamo ng karapatan, pati na rin ang pagtapos
o kawala ng mga natamong karapatan ay nakasalalay sa mga pangyayari ng mga
kaganapan na bumubuo ng kundisyon.
Article 1193
Obligations for whose fulfillment a day certain has been fixed, shall be demandable
only when that day comes.
Obligations with a resolutory period take effect at once, but terminate upon arrival
of the day certain.
If the uncertainty consists in whether the day will come or not, the obligation is
conditional, and it shall be regulated by the rules of the preceding Section. (1125a)
Ang mga obligasyon na kung saan ang katuparan ay naitakda na sa tiyak na araw ay
mahihingi lamang sa pagdating ng araw na naitakda.
Ang mga obligasyon na may resolutory period ay magkakabisa agad, ngunit ito ay
matatapos sa pagdating ng tiyak na araw.
Ang tiyak na araw ay malinaw na kailangang dumating, bagaman maaaring hindi alam
kung kailan.
Discussion:
Period and term have the same meaning and are used interchangeably. It consists in a
space or length of time upon the arrival of which, the demandability or extinguishment of
an obligation is determined.
Other classifications:
3. Judicial – when the period is fixed by the court for the performance of the obligation or
for its extinguishment
1. It must be future;
2. It must be certain, that is, sure to come but may be extended by mutual agreement;
Article 1194
In case of loss, deterioration or improvement of the thing before the arrival of the
day certain, the rules in Article 1189 shall be observed.
Discussion:
This article speaks of loss, deterioration or improvement of the thing before the arrival of
the day certain.
Lost*
Improvement
By its nature
Inures to the benefit of the creditor
At the expense of the debtor The debtor shall have no other right than that granted to
the usu
Article 1195
Anything paid or delivered before the arrival of the period, the obligor being
unaware of the period or believing that the obligation has become due and
demandable, may be recovered, with the fruits and interests. (1126a)
Anumang bagay na nabayaran o naipadala bago dumating ang takdang panahon, ang
nangutang na hindi alam ang takdang panahon o naniniwalang ang obligasyon ay tapos
na at nagawa na, ay maaring maibalik pa kasama ang bunga at interest.
Discussion:
*Situations when there can be no recovery even if conditions in the article are present;
1. When the obligation is reciprocal and there has been premature performance on both sides;
2. when the obligation is a loan on which the debtor is bound to pay interest: and.
3. When the period is exclusively for the benefit of the creditor because the debtor by paying in
advance loses nothing.
Article 1207
The concurrence of two or more creditors or of two or more debtors in one and the
same obligation does not imply that each one of the former has a right to demand,
or that each one of the latter is bound to render, entire compliance with the
prestation. There is a solidary liability only when the obligation expressly so states,
or when the law or the nature of the obligation requires solidarity. (1137a)
Ang pagpayag ng dalawa o mahigit pang nagpapautang o dalawa o mahigit pang mga
umutang sa iisa at parehas na pananagutan ay hindi nangangahulugan na ang bawat
isa sa mga nagpautang ay may karapatan maningil o ang bawat isa sa mga may utang
ay gampanan ang buong pagsasakatuparan ng kabayaran. Mayroon lamang
magkakasamang pananagutan kung ang obligasyon ay nagsasaad nito o hinihiling ng
batas o ng lagay ng obligasyon ang pagkakabuklod.
Discussions:
1. Individual Obligation – there is only one debtor and one creditor in a contract
2. Collective Obligation – there are two or more debtor and two or more creditors
1. Joint Obligation– where the whole obligation is to be paid or fulfilled proportionately by the different
debtors and demanded proportionately by the different creditors. This is the presumption in all
collective obligation unless solidarity is expressly stated.
2. Solidary Obligation– where each one of the debtors is bound render, and/or each creditor has the
right to demand from any of the debtors, the entire compliance with the prestation.
Article 1208
If from the law, or the nature or the wording of the obligations to which of the
preceding article refers the contrary does not appear, the credit or debt shall be
presumed to be divided into as many equal shares as there are creditors or debtors,
the credits or debts being considered distinct from one another, subject to the
Rules of Court governing the multiplicity of suits.
Kung galling sa batas, o ang katangian o the mga salita ng obligasyon kung saan ang
sinusundan na artikulo ay hindi sumasang-ayon ay hindi Makita, ang utang ay maaaring
magpalagay na ito ay ibahagi sa mas maring pantay na distribusyon para doon sa
nagpautang at nangutang, ang mga utang ay may pagkakakilanlan sa bawat isa, at
sumasailalim sa Saligang Batas na syang namamahala para sa katakut-takot na
demanda.
Article 1209
If the division is impossible, the right of the creditors may be prejudiced only by
their collective acts, and the debt can be enforced only by proceeding against all
the debtors. If one of the latter should be insolvent, the others shall not be liable
for his share. (1139)
Discussion:
Article 1209 applies to joint indivisible obligation because the prestation or object is not
susceptible of division, and solidarity is not provided.
Debtors – the fulfillment of obligation requires the concurrence of ALL the debtors (each
for his part)
Creditors – there has to be a collective action for acts which are deemed prejudicial to the
rights of the creditors.
When there is plurality of creditors (but only one debtor) – the obligation can be performed
only by the delivery of the thing to all the creditors jointly. The debtor must not deliver to just
one unless that particular person has been authorize by all the creditors to receive
the delivery. Otherwise, the debtor may be liable for damages due to non-performance of the
obligation in consideratino of the other creditors.
Article 1223
The divisibility or indivisibility of the things that are the object of obligations in
which there is only one debtor and only one creditor does not alter or modify the
provisions of Chapter 2 of this Title. (1149)
Ang pagkakahati o ‘di pagkakahati ng bagay na nilalaman ng mga obligasyon kung saan
may isa lamang na nangutang at isa lamang na nagpautang ay hindi binabago ang
probisyon ng Chapter 2 ng titulong ito.
Classification of Divisibility
1.Qualitative Division – divisibility depends on the quality of the thing; not homogenous
(e.g. Inheritance – real & personal property)
3.Ideal Division – non-material divisibility; only mental & intellectual (e.g. Corporation).
Kinds of Indivisibility
1.(1) Indivisibility is the Nature of the obligation ; (2) Solidarity is the “vinculum” or
juridical tie existing between the parties
2.(1)one debtor & creditor involved in the obligations (2)there must be at least be two
debtors or creditor
3.In indivisibility, does not consider the fault of one party as the fault of others; in
solidarity the fault of one is considered the fault of the other
4.(1)The death of the debtor does not extinguish the prestation bec. the heirs are bound
to perform by the unfulfilled prestation. (2) the debt of the debtor is not tranferred to
heirs, therefore, terminates the solidarity.
Article 1224
A joint indivisible obligation gives the rise to indemnity for damages from the time
anyone of the debtors does not comply with his undertaking. The debtors who may
have been ready to fulfill their promises shall not contribute to the indemnity
beyond the corresponding portion of the price of the thing or of the value of the
service in which the obligation consists.
Article 1225
For the purpose of the preceding articles, obligation to give definite things and
those which are not susceptible of partial performance shall be deemed to be
indivisible.
When the obligation has for its object the execution of a certain number of days of
work, the accomplishment of work by metrical units, or analogous things which by
their nature are susceptible of partial performance, it shall be divisible.
Para sa mga obligasyong hindi paggawa, and pagigin buo o di buo nito ay itatakda ng
karakter ng prestation ng bawat kaso.
Discussion:
1. Divisible Contract – if the contract is divisible and a part of it is illegal, the illegal part of the
contract is considered void and not enforceable.
2. Indivisible Contract – if the contract is indivisible and a part of it is illegal, the entire contract is
considered void and not enforceable.
Article 1226
In obligations with a penal clause, the penalty shall substitute the indemnity for
damages and the payment of interest in case of noncompliance, if there is no
stipulation to the contrary. Nevertheless, damages shall be paid if the obligor
refuses to pay the penalty or is guilty of fraud in the fulfilment of the obligation.
The penalty may be enforced only when it is demandable in accordance with the
provisions of this Code.
Discussion:
The penalty imposable is a substitute for the indemnity for damages and payment of
interest in case of breach of the obligation, unless there is contrary stipulation, in which
case, the additional damages may further be recovered.
Article 1227
The debtor cannot exempt himself from the performance of the obligation by
paying the penalty, save in the case where this right has been expressly reserved
for him. Neither can the creditor demand the fulfillment of the obligation and the
satisfaction of the penalty at the same time, unless this right has been clearly
granted him. However, if after the creditor has decided to require the fulfillment of
the obligation, the performance thereof should become impossible without his
fault, the penalty may be enforced. (1153a)
Ang nangutang ay hindi mapapalaya ang kanyang sarili sa tungkulin nya sa kanyang
obligasyon sa pamamagitan ng pagbabayad ng multa, na kung saan ang karapatan na
ito ay malinaw na nakasaad para sa kanya. Kahit ang nagpautang ang nag demand ng
pagpuno sa obligasyon at ang satisfaction para sa multa sa parehong panahon, maliban
na lang kung ang karapatan na ito ay malinaw na pinagkakaloob sa kanya. Ngunit kung
pagkatapos ng obligasyon, ang pagganap dito ay maging imposible na hindi nagmula sa
kanyang kapabayaan, ang multa ay maaring maipatupad.
Discussion:
1. When the creditor was clearly given the right to enforce both the principal obligation and the
penalty.
1. When the creditor has demanded fulfillment of the obligation, but the same could no longer be
fulfilled due to the debtor’s fault, he may demand the penalty agreed upon.
*If fault due to the creditors act – he cannot claim the penalty.
Article 1228
Proof of actual damages suffered by the creditor is not necessary in order that
the penalty may be demanded. (n)
If the contracting parties had fixed the penalty for the purpose of compensating or
substituting the indemnity for damages as well as the payment of interests, proof of
actual damages suffered by the creditor is not necessary to enforce the penalty whether
or not damages had been suffered as long as the agreement or contract had been
breached. Thusly, in this sense, penalty and liquidated damages are the same.
Article 1229
The judge shall equitably reduce the penalty when the principal obligation has
been partly or irregularly complied with by the debtor. Even if there has been no
performance, the penalty may also be reduced by the courts if it is iniquitous or
unconscionable. (1154a)
Ang hukom ay makatuwiran babaan ang tubo kapag ang kabuuhan ng obigasyon ay
bahagya o hindi natupad ng may pagkakautang. Ganun din kung hindi pa
nakapagbayad, ang tubo ay maaring babaan ng hukuman kung ito at hindi
makatarungan at patas.
Article 1230
The nullity of the penal clause does not carry with it that of the principal
obligation.The nullity of the principal obligation carries with it that of the penal
clause. (1155)
Walang kinalaman ang principal na obligasyon sa pagpapawalang bisa ng isang
obligasyon na may katumbas na kaparusahan. Ang principal na obligasyon na
pinawalang bisa ay taglay ang obligasyong may kaparusahang penal.