1.

Concept and birth of Obligation

Obligation is like a promise or a rule that says you should do something or not do something. It's something you have to do
because it's the right thing, or because you agreed to it, or because it's the law.

Think of it this way:

1. Agreements: When you promise to do something, like chores at home or tasks at work, you have an obligation to
fulfill that promise.
2. Laws: Just like how we follow traffic rules to keep roads safe, laws set out obligations that we need to follow to keep
society running smoothly.
3. Morals: Sometimes, we feel obligated to help others or be honest because it's the right thing to do. These are moral
obligations, based on what we believe is good or fair.
4. Social Expectations: In families, communities, or workplaces, there are unwritten rules or expectations about how we
should behave. Fulfilling these expectations is another form of obligation.

So, obligation is like a mix of promises we make, rules we follow, things we believe are right, and expectations from the people
around us. It's a way to keep things fair, orderly, and respectful in our everyday lives.

Art. 1156-Definition of Obligation

Article 1156 of the Civil Code of the Philippines defines obligation as follows:

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

This definition encapsulates the essential elements of obligations in the legal context:

1. Juridical necessity: Obligations are not merely moral or social duties; they carry legal significance and enforceability.
They arise from legal relationships between parties, which may be created by contracts, laws, or other legal
instruments.
2. To give, to do, or not to do: Obligations can take various forms. They may involve the transfer of ownership or
possession (to give), the performance of an action (to do), or refraining from certain actions (not to do). These
categories encompass a wide range of legal obligations, including contractual obligations, tort liabilities, and legal
duties imposed by statutes or regulations.

Article 1156 provides a concise definition of obligation within the Philippine legal framework, emphasizing its juridical nature
and the diverse forms it can take in legal relationships.

3. Requisites or Elements of an Obligation (J-A-P-O)

Requisites

The requisites or elements of an obligation, often remembered by the acronym "J-A-P-O," are the essential components that
must be present for an obligation to exist in the legal sense. Here's what each letter represents:

1. Juridical Capacity: This refers to the legal ability of a person to incur obligations and acquire rights. In other words, the
parties involved in the obligation must have the capacity to act within the law. For example, minors or individuals
lacking mental capacity may not have full juridical capacity.
2. Active Subject (Creditor): The active subject, also known as the creditor, is the party who has the right to demand the
fulfillment of the obligation from another party. The creditor is entitled to receive something (e.g., payment,
performance of a duty) from the debtor.
3. Passive Subject (Debtor): The passive subject, also known as the debtor, is the party who has the duty to fulfill the
obligation. This duty may involve giving something (e.g., payment, delivery of goods) or performing an action. The
debtor is obligated to comply with the terms of the obligation.
4. Object: The object of the obligation refers to the specific thing or action that forms the subject matter of the
obligation. It could be a tangible item, a service, or the performance of a particular action. The object must be
determinate or determinable, meaning it must be clearly defined or identifiable.
These elements are fundamental in defining the nature and scope of an obligation within legal frameworks, such as contract
law and civil law. They provide a framework for understanding the rights and responsibilities of the parties involved and serve
as the basis for enforcing obligations through legal means.

4. Classifications of Obligations

Obligations can be classified in various ways based on different criteria. Here are some common classifications of obligations:

1.According to Source:

• Law: Obligations that arise from laws and regulations.

2. According to Performance:

• Positive Obligations: Obligations that require the performance of an act, such as paying a debt or delivering goods.
• Negative Obligations: Obligations that require refraining from doing something, such as not competing with a former
employer within a specified period.

3. According to Subject Matter:

• Real Obligations: Obligations that involve the delivery of a specific object or tangible item.
• Personal Obligations: Obligations that involve the performance of a certain action by the debtor, such as providing a
service or paying money.

4. According to Degree of Specificity:

• Determinate Obligations: Obligations where the object or performance is specifically identified or described.
• Indeterminate Obligations: Obligations where the object or performance is not specifically identified or described,
but can be determined later.

5. According to Divisibility:

• Divisible Obligations: Obligations that can be divided into distinct parts, each of which can be performed separately.
• Indivisible Obligations: Obligations that cannot be divided without altering their nature or value.

6. According to Period of Performance:

• Current Obligations: Obligations that are due and demandable immediately.

These are some of the common classifications of obligations. The classification used may vary depending on the legal
system and context in which obligations are being considered.

i. As to creation

When classifying obligations as to creation, we're essentially categorizing them based on how they come into existence. Here
are the main classifications:

1. Conventional Obligations: These obligations are created by the will of the parties involved. They arise from contracts
or agreements where parties voluntarily assume rights and obligations. Conventional obligations can be bilateral
(arising from mutual agreements between two parties) or unilateral (arising from the express will of one party).
2. Legal Obligations: These obligations are imposed by law without the need for the consent of the parties involved.
They arise from legal principles, statutes, regulations, or judicial decisions. For example, obligations arising from torts
(civil wrongs), criminal offenses, or family law fall under this category.
 3. Quasi-Contracts: Also known as innominate contracts or contracts implied in law, quasi-contracts are obligations
imposed by law to prevent unjust enrichment of one party at the expense of another. These obligations arise when
one party voluntarily performs an act for another without an express contract, and the law implies a promise to
compensate for the value of the benefit conferred.
4. Quasi-Delicts: Also known as torts or civil wrongs, quasi-delicts are obligations arising from wrongful acts or omissions
that cause harm or injury to another party. Unlike intentional torts, quasi-delicts do not require intent to harm;
liability arises from negligence or fault.
5. Natural Obligations: These obligations are moral or social duties that do not have legal enforceability. While they do
not create legal rights or duties, they may still have social or moral significance. In some legal systems, natural
obligations may be enforceable under certain circumstances, but they lack the full force of conventional or legal
obligations.
6. Conventional Obligations: Obligations created by the will of the parties through agreements or contracts. These
obligations arise from the parties' express intentions and are enforceable under contract law.

These classifications help in understanding the various ways in which obligations can be created, whether through explicit
agreements, implied understandings, legal mandates, or moral considerations. Each type of creation may have different
implications for enforceability, remedies, and the rights and duties of the parties involved.

a. Legal 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."

This article emphasizes several key points regarding obligations derived from law:

1. Not Presumed: Obligations arising from law are not automatically assumed to exist. They must be expressly provided
for either in the Civil Code or in special laws.
2. Express Determination: Only those obligations explicitly specified in the Civil Code or in special laws are enforceable.
This means that obligations must have a clear legal basis for them to be demandable.
3. Regulated by Law: Obligations arising from law are governed by the specific legal provisions that establish them.
Parties involved must adhere to the rules and regulations set forth in the law that gives rise to the obligation.
4. Regulation by the Civil Code: If the obligations are not addressed by specific laws, they are regulated by the provisions
of the Civil Code. The principles and rules outlined in the Civil Code apply to obligations derived from law, ensuring
consistency and coherence in their application.

Article 1158 underscores the importance of legal clarity and specificity in determining the enforceability of obligations derived
from law. It ensures that parties are aware of their rights and obligations under the law and that these obligations are
governed by established legal principles and regulations.

b. Conventional Laws on Contracts.

In legal terminology, the phrase "conventional laws on contracts" could refer to laws that govern agreements or contracts
between parties. These laws are often based on principles of contract law and regulate the creation, interpretation, and
enforcement of contracts. Here's an overview:

1. Formation of Contracts: Conventional laws on contracts typically outline the requirements for the formation of a valid
contract, including elements such as offer, acceptance, consideration, capacity, and legality of purpose. These laws
specify the rules that parties must follow to create a legally binding agreement.
2. Interpretation of Contracts: When disputes arise regarding the meaning or terms of a contract, conventional laws
provide principles for interpreting the contract's provisions. This includes rules for determining the parties' intentions,
resolving ambiguities, and applying standard contract interpretation principles.
 3. Performance and Enforcement: Conventional laws govern the performance of contractual obligations and provide
mechanisms for enforcing contracts in case of breaches or disputes. This may include remedies such as damages,
specific performance, or rescission, depending on the nature of the breach and the terms of the contract.
4. Void and Voidable Contracts: Conventional laws distinguish between contracts that are void (i.e., lacking legal effect
from the outset) and contracts that are voidable (i.e., capable of being invalidated under certain conditions). These
laws specify the grounds on which a contract may be declared void or voidable, such as fraud, duress, or incapacity.
5. Statute of Frauds: Many jurisdictions have statutes of frauds, which require certain types of contracts to be in writing
to be enforceable. Conventional laws may include provisions similar to the statute of frauds, specifying which types of
contracts must be in writing to be enforceable.
6. Remedies for Breach: Conventional laws outline the remedies available to parties in the event of a breach of contract.
This may include monetary damages, specific performance (compelling the breaching party to fulfill their obligations),
or other equitable remedies.

Overall, conventional laws on contracts provide a framework for parties to enter into agreements with confidence, knowing
that their rights and obligations are protected under the law. These laws promote certainty and predictability in commercial
transactions and provide mechanisms for resolving disputes that may arise in the course of contractual relationships.

ii. As to nature

Classifying obligations according to their nature involves examining their inherent characteristics and the relationships they
establish between parties. Here are some classifications based on the nature of obligations:

1. Civil Obligations: These obligations arise from civil law and regulate the legal relationships between individuals or
entities. Civil obligations encompass a wide range of agreements, contracts, and legal duties that parties owe to one
another.
2. Commercial Obligations: These obligations pertain to business or commercial transactions between parties engaged
in commerce or trade. They may involve the sale of goods, provision of services, or other commercial activities
governed by commercial laws and practices.
3. Family Obligations: These obligations arise from familial relationships, such as those between parents and children,
spouses, or other relatives. Family obligations may include financial support, care, and maintenance, as well as legal
duties related to inheritance and family property.
4. Public Obligations: These obligations arise from public law and govern the relationship between individuals and the
state or government entities. Public obligations may include tax obligations, compliance with regulatory requirements,
and duties owed to the public or society at large.
5. International Obligations: These obligations arise from international law and govern the relationships between states,
international organizations, and other international actors. International obligations may include treaties, agreements,
and customary international law obligations that states are bound to uphold.
6. Personal Obligations: These obligations are specific to individuals and may include moral, social, or personal duties
that one owes to another person. Personal obligations may arise from friendship, trust, or other personal relationships
and may not necessarily be legally enforceable.
7. Property Obligations: These obligations arise from property ownership or rights and govern the use, transfer, and
management of property. Property obligations may include obligations related to leases, mortgages, easements, and
other property interests.

These classifications help in understanding the diverse nature of obligations and the various legal, social, and personal
relationships they encompass. Each type of obligation may have distinct characteristics, rights, and responsibilities associated
with it, depending on the context in which it arises.

a. Personal
Personal obligations are those obligations that arise from personal relationships, moral duties, or social expectations between
individuals. Unlike legal obligations, which are enforceable by law, personal obligations are often based on ethical or social
norms and may not have legal consequences if breached. Here are some examples of personal obligations:

1. Friendship: Individuals may have personal obligations to their friends, such as providing emotional support, being
there in times of need, or maintaining confidentiality.
 2. Family: Personal obligations within families include caring for family members, supporting them financially or
emotionally, and respecting family traditions and values.
3. Gratitude: When someone helps another person, the recipient may feel a personal obligation to express gratitude or
return the favor in the future, even though there may be no legal requirement to do so.
4. Promise or Commitment: If someone makes a promise or commitment to another person, they may feel a personal
obligation to fulfill it, driven by a sense of honor or integrity rather than legal duty.
5. Social Etiquette: Individuals may have personal obligations to adhere to social norms and etiquette, such as saying
"please" and "thank you," respecting others' personal space, or following cultural customs.
6. Volunteer Work: People may feel a personal obligation to contribute to their community or society through volunteer
work, charitable donations, or other forms of altruism.
7. Moral Duties: Personal obligations can also stem from moral principles or ethical beliefs. For example, individuals may
feel a personal obligation to act honestly, treat others with respect, or help those in need.

While personal obligations are not legally binding, they play a crucial role in shaping interpersonal relationships, fostering
trust, and maintaining social cohesion within communities. Individuals often strive to fulfill their personal obligations out of a
sense of duty, empathy, or reciprocity, even when there is no legal obligation to do so.

b. Real

Real obligations, also known as "obligations to give," involve the delivery or transfer of a specific object from one party to
another. These obligations typically pertain to tangible items or rights associated with tangible property. Here are some key
characteristics and examples of real obligations:

Characteristics:

1. Specific Object: Real obligations involve the delivery or transfer of a particular object that is either determinate
(specifically identified) or determinable (capable of being determined based on certain criteria).
2. Transfer of Ownership or Possession: The obligation usually entails transferring ownership or possession of the object
from the debtor (party owing the obligation) to the creditor (party entitled to receive the object).

Examples:

1. Sale of Goods: A common example of a real obligation is a contract for the sale of goods. In such a contract, the seller
(debtor) is obligated to deliver the specified goods to the buyer (creditor) in exchange for payment.
2. Loan of a Specific Item: If someone borrows a specific item, such as a book or a tool, from another person, they incur
a real obligation to return that exact item to the lender.
3. Lease Agreements: In a lease agreement, the lessor (debtor) is obligated to grant the lessee (creditor) possession and
use of a specific property or asset for a specified period in exchange for rent payments.
4. Pledge or Mortgage: Real obligations may also arise in pledges or mortgages, where the debtor pledges a specific
property as collateral for a debt. If the debtor defaults on the loan, the creditor may enforce the real obligation by
seizing the pledged property.

Real obligations play a crucial role in property transactions and contractual agreements involving the transfer or delivery of
specific objects. They establish the rights and duties of the parties involved regarding the specified property and provide a
legal framework for enforcing these obligations in case of breach or dispute.