OBLIGATION

- 1156. A juridical to give, to do, or not to do

- A Juridical relation, created by virtue of certain facts, between 2 or more persons, whereby one
of them, known as the creditor or obligee, may demand from another, known as the debtor or
obligor, a definite prestation

Elements

- Active subject, Creditor or Obligee – the person who can demand the fulfillment of the oblig
- Passive subject, Debtor or Obligor – person from w/c
- Object or prestation – the prestation or the particular conduct required to be observed by the
debtor
- Efficient cause or juridical tie (vinculum juris) – the efficient cause established by the various
sources of oblig
0

1. Personal elements

- Active and passive subjects

- Active – has right to demand
- Passive – has juridical necessity of adjusting his conduct to the demand of the creditor
- Individual and juridical persons
o if not, no effect

2. Object or Prestation

- not a thing but a particular conduct of the debtor

- always a prestation
- to give
- to do
- to not to do
- requisites of Prestation:
o must be possible, physically and juridically
o must be determinate, or at least determinable
o must have a possible equivalent in money
 pecuniary value – should be susceptible of pecuniary appreciation
 need not be of an economic character

3. Efficient Cause

- or the legal tie

- is the vinculum, which may either be a relation:
o (1) established by law (such as the relation of husband and wife giving rise to the
obligation to support); or
 o (2) by bilateral acts (such as contracts giving rise to the obligations stipulated therein);
or
o (3) by unilateral acts (such as crime and quasi-delicts.

Classifications of Obligation

 As to basis & enforceability

 Civil
 Natural
 Moral
 As to kind of Prestation present
 Real
 Determinate or Specific
 Indeterminate or Generic
 Personal
 Positive
 Negative
 As to ____
 Principal
 Accessory
 As to perfection & Extinguishment
 Pure – 1179, 1197
 Conditional – 1181-1190, pg 49 Rabuya Reviewer
 Suspensive and Resolutory
 Potestative, Casual, and Mixed
 P
 Simple potestative
 Pure potestative
 Positive and Negative
 Divisible and Indivisible
 Conjunctive and Disjunctive
 Express or Implied
 Possible or Impossible
 With a term or period – 1180, 1193-1198
 Suspensive or Resolutory
 Definite or Indefinite
 Legal, voluntary or judicial

 As to Plurality of Prestation
  Conjunctive –
 Alternative – 1199-1205
 Facultative – 1206
 As to rights and obligations of multiple parties
 Joint -
 Solidary – CC: 927, 1824, 1911, 1915, 1945, 2157, 2194, 2146;
 FC Art 94, 121; RPC – Art 90
 Disjunctive
 As to performance of prestation
 Divisible
 Indivisible
 Joint indivisible
 Solidary indivisible
 As to the presence of an accessory undertaking in case of breach
 With a penal clause – 1226-1230
 Distinguish from liquidated damages

1. As to basis & enforceability

a. Civil
b. Natural
c. Moral
2. As to kind of Prestation present
a. Real
i. Determinate or Specific
ii. Indeterminate or Generic
b. Personal
i. Positive
ii. Negative
3. As to ____
a. Principal
b. Accessory
4. As to perfection & Extinguishment
a. Pure – 1179, 1197
b. Conditional – 1181-1190, pg 49 Rabuya Reviewer
i. Suspensive and Resolutory
1. S – happening of w/c gives rise to an oblig
2. R – happening of w/c extinguishes the oblig
ii. Potestative, Casual, and Mixed
1. P - fulfillment depends upon the will of one of the parties to the juridical
relation
 a. Simple potestative – presupposes not only a manifestation of
will but also the realization of an external act
b. Pure potestative – depends solely and exclusively upon the will
2. C – fulfillment depends exclusively upon chance or other factors
(including the will of 3rd persons), and not upon the will of the parties to
the juridical relation.
3. M – fulfillment depends partly upon the will of one of the parties to the
juridical relation and partly upon chance or other factors (including the
will of a 3rd person)
iii. Positive and Negative
1. P – condition refers to an act
2. N – condition refers to an omission.
iv. Divisible and Indivisible
1. If by its nature, by agreement or under the law, it can be performed in
parts.
2. If by its nature, by agreement or under the law, it cannot be performed
in parts.
v. Conjunctive and Disjunctive
1. C – requires the fulfillment of ALL conditions
2. D – requires the fulfillment of ONE condition.
vi. Express or Implied
1. E – The condition is stated
2. I – the condition is merely inferred.
vii. Possible or Impossible
1. P – the fulfillment is possible
2. I – the fulfillment is impossible, either physically or legally.
c. With a term or period – 1180, 1193-1198
i. Suspensive or Resolutory
1. S (or Ex Die) – one that must lapse before the performance of the oblig
can be demanded. The oblig begins from a day certain, e.e., upon the
arrival of the period.
2. R (or In Diem) – period after which the obligation is terminated, that is,
the oblig is valid up to a certain date. Upon the arrival of the said date,
the oblig is terminated.
ii. Definite or Indefinite
1. D – known date or time
2. I – event w/c will necessarily happen but the date of its happening is
unknown, such as the death of a person. Note that if the uncertainty
consists in whether the day will come or not, the oblig is conditional.
iii. Legal, voluntary or judicial
1. L – period granted by law
2. V – period stipulated by the parties
 3. J – period allowed by the courts
iv.

5. As to Plurality of Prestation
a. Conjunctive – prestations are demandable jointly or both at the same time
b. Distributive – one of the various prestations may be demanded
i. Alternative – 1199-1205. There are various prestations w/c are due and the
oblig is fulfilled by performance of ONE of them.
ii. Facultative – 1206. Only 1 prestation is due, that to w/c the oblig refers; but the
debtor has the power to fulfill the oblig by giving or rendering
6. As to rights and obligations of multiple parties (pg.86 Rabuya rev)
a. Joint – each debtors is liable only for a proportionate part of the debt, and the creditor
is entitled to demand only a proportionate part of the credit from each debtor
b. Solidary – CC: 927, 1824, 1911, 1915, 1945, 2157, 2194, 2146;
FC Art 94, 121; RPC – Art 90
Each of the debtors is liable for the ENTIRE oblig, and each of the creditors is
entitled to demand the satisfaction of the whole oblig from any or all of the
debtors.
i. Active Solidarity – one that exists among the creditors. This is the tie among
several creditors of the same oblig, by virtue of w/c each of them, as regards his
co-creditors, is creditor only as to his share in the oblig
ii. Passive solidarity
iii. Mixed Solidarity
c. Disjunctive
7. As to performance of prestation
a. Divisible
b. Indivisible
c. Joint indivisible
d. Solidary indivisible
8. As to the presence of an accessory undertaking in case of breach
a. With a penal clause – 1226-1230
Distinguish from liquidated damages

Condition – uncertain future event upon which an obligation or provision is made to depend

Term – an event which must happen sooner or later, at a date known beforehand or at a time which
cannot be determined but must necessarily happen
Kinds of Obligations as to basis & enforceability – Art. 1423-1430; RA 6809

Distinguished from Natural Obligations

Civil Obligation Natural Obligation

Those which give right of action to compel their Those which cannot be enforced by court action
performance but which are binding on the party who makes
them, in conscience and according to equity and
1156. “Juridical necessity” natural justice
1156 1423-1430
With juridical tie No juridical tie
Derive their binding force from positive law Derive their effect from equity and natural justice
Can be enforced by court action or the coercive Cannot be compelled by court action but depends
power of public authority exclusively upon the good conscience of the
debtor
A person who executes a promissory note in favor But if the creditor does not demand payment for
of his creditor, promising to pay P 1,000 which he 10 years after the PN falls due, the action to
has borrowed from the latter, has a civil obligation enforce it in court up prescribes and can no longer
which the creditor can enforce by court action prosper. Under these circumstances, the
when it falls due obligation of the debtor who has not yet paid, but
who cannot be compelled to pay, is a natural
obligation.
If however, in spite of the prescription of the
action, he pays his debt, he cannot later turn
around and recover what he has paid without legal
compulsion
Requisites:
1. there is a juridical tie bet 2 persons
2. the tie is not given effect by law
*an oblig w/o sanction, susceptible of
voluntary performance, but not thru compulsion
by legal means
Ex. Support of a natural child
Indemnification of a woman seduced
Support of relatives, by consanguinity or affinity

Art 1423
 - Obligations are Civil or Natural (distinction above table)

Art 1424

- Obligor who voluntarily performs the oblig cannot recover what he has delivered or value of
service he has rendered

Art 1425

- Debtor voluntarily reimburses the 3rd person, cannot recover what he has paid.

Art 1426

- 18-21 yo
- Voluntarily returns the whole thing or price received, no right to demand the return

Art 1427

- 18-21 yo
- Voluntarily pays sum of money, no right to recover

Art 1428

- Voluntarily performs oblig, cannot demand the return of what he has delivered or payment

Art 1429

- Voluntarily pays a debt of decedent exceeding the value of prop, payment is valid and cannot be
rescinded

Art 1430

- Pays a legacy, payment is effective and irrevocable.

RA 6809

- Act lowering the age of majority from 21 to 18 yo

3. Prescription of Actions- 1139-1155

Prescription Laches
Concerned with the Fact of delay Concerned with the Effect of delay
A matter of time Principally a question of inequity of permitting a claim to be
enforced, this inequity being founded on some change of condition
of the property or the relation of the parties
Statutory Not Statutory
Applies to law Applies to equity
 Based on fixed time Not based on fixed time

Art 1139. Actions prescribe by the mere lapse of time fixed by law

Art 1140. Recover movables – 8 years prescription from time possession is lost

Xpn: possessor has acquired ownership by prescription for a less period

Art 1141. Real actions over immovables – 30 years

Art. 1157. Obligations arise from:

1. Law

2. Contracts

3. Quasi-Contracts

4. Acts or omissions punished by law; and

5. Quasi-delicts

Unilateral promise.

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.

Agreement unnecessary.

Obligation not presumed

Art 1159. Obligations arising from CONTRACTS have the force of law between the contracting parties
and should be complied with in good faith

Principle of AUTONOMY OF WILL.

Pre-contractual obligations.
 - The offer must be clear and definite
- Withdrawal of the offer must be without any legitimate cause

Article 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.

Art 1160. Obligations derived from Quasi-contracts shall be subject to the provisions of Chapter 1, Title
XVII, of this book

Quasi-contract: a juridical relation which arises from certain lawful, voluntary, and unilateral acts, to
the end that no one may be unjustly enriched or benefited at the expense of another.

The act giving rise to quasi-contract must be lawful, thereby distinguishing it from crime in which the act
or omission is unlawful;

It must be voluntary, differentiating it from quasi-delict, which is based on fault or negligence or mere
lack of foresight; and

It must be unilateral, to distinguish it from contract in which there are 2 parties who come to an
agreement.

a. Negotiorum Gestio

b. Solutio Indebiti

c. Other Quasi-Contracts

a. Negotiorum Gestio

2144. Whoever voluntarily takes charge of the agency or management of the business or
property of another, without any power from the latter, 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 a position to do so.

This juridical relation does not arise in either of these instances:

(1) When the property or business is not neglected or abandoned;

(2) If in fact the manager has been tacitly authorized by the owner.
In the first case, the provisions of articles 1317, 1403, No. 1, and 1404 regarding unauthorized
contracts shall govern.
In the second case, the rules on agency in Title X of this Book shall be applicable
2150. although the officious management may not have been expressly ratified, the owner of the
property or business who enjoys the advantages of the same shall be liable for obligations incurred in
his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the
damages which the latter may have suffered in the performance of his duties.

The same obligation shall be incumbent upon him when the management had for its purpose the
prevention of an imminent and manifest loss, although no benefit may have been derived. 

b. Solutio Indebiti

c. Other Quasi-Contracts

OBLIGATIONS & RIGHTS

Oblig to Give Oblig to DO Oblig Not to Do

Obligations
Rights

Rights and Remedies of the Creditor

1. Principal Rights/Remedies

2. Subsidiary Rights/Remedies

1. Principal Rights
a. Ask Specific Performance
b. Ask performance
c. Ask Substituted Performance
d. Ask Damages
e. Rescission
f. Attachment and Execution of Debtor’s Properties
2. Subsidiary Rights/Remedies
a. Accion Subrogatoria – exercise all the rights of the debtor
b. Accion Pauliana – to impugn contracts that were entered to defraud the creditor

Diff types of Breaches

1. Fraud
 a. Causal Fraud (dolo causante) – fraud in obtaining consent
b. Incidental fraud (dolo incidente) – fraud in the performance of oblig
2. Negligence
a. Culpa acquiliana (quasi-delict)
b. Culpa Contractual (contract)
c. Culpa criminal (delict)
3. Delay – pag may demand
a. Mora solvendi – delay of debtor
b. Mora accipiendi – delay of creditor
c. Compensatio Morae – delay of both creditor and debtor (no delay)
4. Contravention of the tenor of obligation
1. false. If payable upon demand (pure). So from the time nagsabi, due na.

2.

4. F. infer..judicial period

Means to do so, so after lapse of the period.

5. False. 1198. Article 1198. The debtor shall lose every right to make use of the period:

(1) When after the obligation has been contracted, he becomes insolvent, unless he gives a
guaranty or security for the debt;

6.

10. False. Impossible conditions na not to do (negative).

If impossible positive obligation, void

E di, parang pure oblig. So demandable at once.

Article 1183. Impossible conditions, those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible,
that part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon. 

12. D.

13. D

14. e. a-c pertains to condition not obligation

15. e. once it is

16. potestative and suspensive = void

17. sd

“for the benefit of the debtor

18. b

19. a

Alternative ay about sa prestation

Disjunctive ay about sa parties, in the alternative.

20.

Quiz Mar 6

Discussion

Contract of lease

Sino oblige? Both

Case:

Domestic Petroleum v. MIAA

Sagrada Orden v. NACOCO

Lease contract bet Nacoco (lessor) and

Issue: kung may oblig to pay rental. Lessor siya bat magpapay ng rental.

Nacoco is Not a party, not even privy in the contract.

Principle behind quasi contract

For a civil liab, there must be a final judgment of conviction.

Imaster ang foundations hanggang sources.

Diligence, sources, nature, defenses