General Concepts and Principles of Obligations

GENERAL CONCEPTS AND
PRINCIPLES OF OBLIGATIONS
WHAT IS AN OBLIGATION?
OBLIGATION
• Derived from the Latin “obligare” - to bind
• An obligation is a juridical necessity to give, to do

or not to do. (Art. 1156, NCC)
• A juridical relation whereby a person (the creditor)

may demand from another (the debtor) the
observance of a determinate conduct and, in case
of breach, may obtain satisfaction from the assets
of the debtor.
ESSENTIAL REQUISITES OF AN OBLIGATION
• Active Subject (obligee or creditor)
• Passive Subject (obligor or debtor)
• Object or Prestation (the subject matter of

obligation)
• Efficient Cause (the vinculum or juridical tie)

• Active Subject (obligee or creditor)

▫ The possessor of a right; he in whose favor the
obligation is constituted.
▫ Who can demand the fulfillment of the obligation
• Passive Subject (obligor or debtor)

▫ He who has the duty of giving, doing, or not doing
▫ From whom the obligation is juridically
demandable.
• Object or Prestation (the subject matter of
obligation)
▫ Object or conduct required to be observed (to give,
to do or not to do)
• Efficient Cause (the vinculum or juridical tie)

▫ One which binds the parties to the obligation and
which may arise either from bilateral or unilateral
acts of persons
EXAMPLE
1. Anna promises to paint Bella’s picture as
a result of an agreement.
▫ Obligor?
▫ Obligee?
▫ Object or prestation?
▫ Efficient cause?
EXAMPLE
• Anna promises to paint Bella’s picture as a result
of an agreement.
▫ Anna – obligor
▫ Bella – obligee
▫ Painting of Bella’s picture – object or
prestation
▫ Agreement – efficient cause
EXAMPLE (Pelayo vs. Lauron, GR no. L-4089, January 12,
1909)
2. A wife was about to deliver a child. Her

parents-in-law called the doctor.
• ISSUE: Who should pay the doctor: the

husband or the parents?
EXAMPLE (Pelayo vs. Lauron, GR no. L-4089, January 12,
1909)
2. A wife was about to deliver a child. Her parents-in-
law called the doctor.
• ISSUE: Who should pay the doctor: the husband or the

parents?
• HELD: The husband should pay, even if he was not the

one who called the doctor. It is his duty to support the
wife, and support includes medical attendance . The
duty to pay is an obligation to give, and is imposed by
the law.
SOURCES OF OBLIGATIONS
ART. 1157. Obligations arise from:

1) Law;
2) Contracts;
3) Quasi-contracts;
4) Acts or omissions punished by law; and
5) Quasi-delicts.
1) Law (obligations ex lege)
▫ Duty to pay taxes and to support one’s family
2) Contracts (obligations ex contractu)
▫ Duty to repay a loan by virtue of an agreement
3) Quasi-contracts (obligations ex quasi-contractu)
▫ Duty to refund an “over change” of money – solutio indebiti or “undue
payment”
4) Acts or omissions punished by law; and (obligations ex
maleficio or ex delicto)
▫ Duty to return a stolen carabao
5) Quasi-delicts or Torts (obligations ex quasi-delicto or ex quasi-
maleficio)
▫ Duty to repair damage due to negligence
LAW
1. LAW (obligations ex lege)

▫ 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.

▫ Obligation must be clearly set forth in the law
(Civil Code or Special Laws)
▫ Pelayo vs. Lauron: A father-in-law has no legal
obligation to support his daughter-in-law. Such
obligation cannot be presumed.
▫ Obligation between spouses and between parents
and children to provide support under the Family
Code;
▫ Obligation by employer to provide certain benefits to
employees under the Labor Code;
▫ Obligation to reimburse necessary expenses under
the law on property;
▫ Obligations of the owners of servient estate to the
owners of the dominate estate under the law on
easemnts; etc.
CONTRACTS
2. Contracts (obligations ex contractu)

▫ Art. 1159. Obligations arising from contracts
have the force of law between the contracting
parties and should be complied with in good
faith.
▫ HAVE THE FORCE OF LAW
 This does not mean that the law is inferior to
contracts.
 Before a contract can be enforced, it must be valid,
and it cannot be valid if it is against the law.
 Art. 1306. 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.

▫ COMPLIANCE IN GOOD FAITH
 Honest intent to act without taking an unfair
advantage over another person or to fulfill a
promise to act, even when some legal technicality
is not fulfilled.
 We must interpret “not by the letter that killeth
but by the spirit that giveth life.”

▫ DEFINITION
 Art. 1305. A 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.

▫ A borrower agreed to pay his debt, and in case of
non-payment, to render free service as a servant.
(De los Reyes vs. Alejado, 16 Phil. 499)
▫ ISSUE: Is the obligation valid?


▫ A borrower agreed to pay his debt, and in case of
non-payment, to render free service as a servant.
(De los Reyes vs. Alojado, 16 Phil. 499)

▫ A borrower agreed to pay his debt, and in case of non-
payment, to render free service as a servant. (De los
Reyes vs. Alejado, 16 Phil. 499)
▫ HELD: The obligation to pay is, of course, valid and

cannot be questioned but the undertaking to render
domestic services for free is contrary to law and morals,
for here SLAVERY would result.
QUASI-CONTRACTS
3. Quasi-contracts (obligations ex quasi-

contractu)
▫ Art. 1160. Obligations derived from quasi-
contracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.

contractu)
▫ DEFINITION
 QUASI-CONTRACTS are obligations arising from
certain lawful, voluntary and unilateral acts, to the
end that no one shall be unjustly enriched or
benefited at the expense of another (Art.
2142)
contractu)
▫ There is no consent in the sense of a meeting of
minds between the parties; thus there is NO
CONTRACT. However, in view of the peculiar
circumstances or factual environment, CONSENT
IS PRESUMED, to the end that a recipient of
benefits or favors resulting from lawful, voluntary
and unilateral acts of another may not be unjustly
enriched at the expense of another.

contractu)
▫ 2 PRINCIPAL KINDS:
 Negotiorum Gestio (Unauthorized management)
 Solutio Indebiti (Undue Payment)
contractu)
 Negotiorum Gestio (Unauthorized
management)
 Whoever voluntarily takes charge of another’s
abandoned business or property without the owner’s
authority, is obliged to continue the same until the
termination of the affair and its incidents, or to require
the person concerned to substitute him, if the owner is in
position to do so (See Art. 2144). Reimbursement must
be made to the gestor for necessary and useful expense,
as a rule. (See Art. 2150)

contractu)
 Solutio indebiti (undue payment)
 If something is received when there is no right to
demand it, and it was unduly delivered through
mistakes, the obligation to return it arises. (See Art.
2152)

contractu)
 Example:
 When during a fire, flood, or other calamity, property
is saved from destruction by another person without
the knowledge of the owner, the latter is bound to pay
the former just compensation (Art. 2168)
 Any person who is constrained to pay the taxes of
another shall be entitled to reimbursement from the
latter. (art. 2175)
Acts or omissions punished
by law
4. Acts or omissions punished by law; and

(obligations ex maleficio or ex delicto)
▫ 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.

▫ Pertinent Provision of the Revised Penal Code
 Art. 100 RPC. “Every person criminally liable for a
felony is also civilly liable”.
 REASON: Commission of crime causes not only
moral evil but also material damage. If no material
damage is done, civil liability cannot be enforced.
▫ Liability of an Insane Criminal.
 An insane man who commits a crime is exempted
from criminal liability BUT his guardian can be
held civilly liable UNLESS the latter was diligent in
his task of taking care of the insane. If there is no
guardian or said guardian is insolvent, the
property of the insane man can be made liable (See
Arts. 12 and 101 RPC)

▫ CIVIL LIABILITY ARISING FROM A CRIME:
 Restitution;
 Reparation of the damage caused;
 Indemnification for consequential damages. (Art.
104 RPC)

▫ CIVIL LIABILITY DEEMED INSTITUTED IN
CRIMINAL CASE
 When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense
charges shall be deemed instituted with the criminal
action, UNLESS the offended party –
a. Waives the civil action,
b. Reserves the right to institute it separately or
c. Institutes the civil action prior to the criminal
action.1
1 Rules of Court, Rule 111, Section 1(a)

▫ EFFECT OF ACQUITTAL IN CRIMINAL CASE
 If a defendant in a criminal case is ACQUITTED,
can he still be held civilly liable?
▫ EFFECT OF ACQUITTAL IN CRIMINAL CASE
 If a defendant in a criminal case is ACQUITTED, can
he still be held civilly liable?
 ANSWER: IT DEPENDS.
 Could not have committed the act – NO CIVIL ACTION
 Exempting circumstance (insane) – still be CIVILLY
LIABLE
 Reasonable doubt – may still be civilly liable
 Independent civil action is allowed – defendant’s liability
is proved by mere preponderance of evidence

▫ EFFECT OF DEATH OF THE CRIMINAL
OFFENDER PENDING TRIAL
 The defendant in a criminal case for physical
injuries died before final judgment.
 ISSUE: Is his civil liability extinguished?
▫ EFFECT OF DEATH OF THE CRIMINAL
OFFENDER PENDING TRIAL
 The defendant in a criminal case for physical
injuries died before final judgment.
 ISSUE: Is his civil liability extinguished?
 HELD: NO. His civil liability is not extinguished
for, after all, in Art. 33 of the Civil Code, there can,
in the case of physical injuries, still be an
independent civil action. The action will be
directed against the administrator of the estate

▫ INDEPENDENT CIVIL ACTIONS
 The offended party may file an independent civil
action, which would proceed independently of the
criminal action and shall require only a
preponderance of evidence.

 Art. 31 NCC. When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may
proceed independently of the criminal proceedings
and regardless of the result of the latter.
 Civil action for breach of contract of deposit,
independent of a criminal action of estafa.

 Violation of civil or constitutional rights and
liberties (See. Art 32 of NCC)
 Art. 33 NCC. In cases of DEFAMATION, FRAUD,
and PHYSICAL INJURIES a civil action for
damages, entirely separate and distinct from the
criminal action, may be brought by the injured
party. Such civil action shall proceed
independently of the criminal prosecution, and
shall require only a preponderance of
evidence.
 Art. 34 NCC. N a member of a city or municipal
police force refuses or fails to render aid or
protection to any person in case of danger to life or
property, such peace officer shall be primarily liable
for damages, and the city or municipality shall be
subsidiarily responsible therefor.
The civil action herein recognized shall be
independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support
such action.
 Art. 34 NCC. N a member of a city or municipal
police force refuses or fails to render aid or
protection to any person in case of danger to life or
property, such peace officer shall be primarily liable
for damages, and the city or municipality shall be
subsidiarily responsible therefor.
The civil action herein recognized shall be
independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support
such action.

▫ NO DOUBLE RECOVERY
 In no case (even in independent civil actions) may
the offended party recover damages twice for the
same act or omission charged in the criminal
action.
QUASI-DELICTS
5. Quasi-delicts or Torts (obligations ex

quasi-delicto or ex quasi-maleficio)
▫ 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.
5. Quasi-delicts or Torts (obligations ex quasi-
delicto or ex quasi-maleficio)
▫ DEFINITION
 Art. 2176. 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 x x x
 Negligence – failure to exercise the standard of care that
a reasonably prudent person would have exercised in a
similar situation

▫ DEFINITION
 Negligence – failure to exercise the standard of
care that a reasonably prudent person would have
exercised in a similar situation
 Omission of that diligence which is required by
circumstances of person, place, and time. (See. Art.
1173)

▫ Test for Determination of Negligence
 WOULD A PRUDENT MAN FORESEE HARM TO
THE PERSON INJURED AS A REASONABLE
CONSEQUENCE OF THE COURSE ABOUT TO
BE PURSUED?
▫ NEGLIGENCE AS A SOURCE OF OBLIGATION
MAY BE CLASSIFIED INTO THREE:
 CULPA CONTRACTUAL (pre-existing contractual
relations)
 CULPA AQUILIANA (quasi-delict)
 CULPA CRIMINAL (negligence punished by law – Art.
365 of RPC)
Independent of each other provided that the offended
party cannot recover more than once.

▫ NEGLIGENCE AS A SOURCE OF OBLIGATION
MAY BE CLASSIFIED INTO THREE.
▫ A taxi passenger who become a victim of a
vehicular accident may sue:
 Taxi operator (culpa contractual)
 Driver of the other vehicle (culpa aquiliana)
 Taxi driver (culpa criminal)
▫ REQUIREMENTS BEFORE A PERSON CAN BE
HELD LIABLE FOR A QUASI-DELICT
 There must be fault or negligence attributable to the
person charged;
 There must be damage or injury;
 There must be a direct relation of cause and effect
between the fault or negligence on the one hand and
the damage or injury on the other hand
(PROXIMATE CAUSE)

▫ PROXIMATE CAUSE
 Is that adequate and efficient cause, which in the
natural order of events, necessarily produces the
damages or injury complained of.
READING ASSIGNMENT
• NATURE AND EFFECT OF OBLIGATIONS
• ART. 1163-1178

General Concepts and Principles of Obligations

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

General Concepts and Principles of Obligations

Загружено:

Авторское право:

Доступные форматы

GENERAL CONCEPTS AND

• An obligation is a juridical necessity to give, to do

• A juridical relation whereby a person (the creditor)

• Active Subject (obligee or creditor)

• Passive Subject (obligor or debtor)

• Object or Prestation (the subject matter of

• Efficient Cause (the vinculum or juridical tie)

• Active Subject (obligee or creditor)

• Passive Subject (obligor or debtor)

• Efficient Cause (the vinculum or juridical tie)

2. A wife was about to deliver a child. Her

• ISSUE: Who should pay the doctor: the

• ISSUE: Who should pay the doctor: the husband or the

• HELD: The husband should pay, even if he was not the

ART. 1157. Obligations arise from:

1. LAW (obligations ex lege)

1. LAW (obligations ex lege)

2. Contracts (obligations ex contractu)

2. Contracts (obligations ex contractu)

2. Contracts (obligations ex contractu)

2. Contracts (obligations ex contractu)

▫ ISSUE: Is the obligation valid?

2. Contracts (obligations ex contractu)

▫ ISSUE: Is the obligation valid?

▫ ISSUE: Is the obligation valid?

▫ HELD: The obligation to pay is, of course, valid and

3. Quasi-contracts (obligations ex quasi-

3. Quasi-contracts (obligations ex quasi-

3. Quasi-contracts (obligations ex quasi-

3. Quasi-contracts (obligations ex quasi-

3. Quasi-contracts (obligations ex quasi-

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

4. Acts or omissions punished by law; and

5. Quasi-delicts or Torts (obligations ex

5. Quasi-delicts or Torts (obligations ex

5. Quasi-delicts or Torts (obligations ex

5. Quasi-delicts or Torts (obligations ex

5. Quasi-delicts or Torts (obligations ex

Вам также может понравиться