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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS 1. Definition
2. Elements of an Obligation 3. Different Kinds of Prestation 4. Classification of Obligations 5. Sources of Obligations
A. Art. 1157
B. Natural obligations
C. Extra-contractual obligations
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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS 1. Definition
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1. DEFINITION OBLIGATION:
1. A juridical necessity to give, to do or not to do. (Art. 1156)
2. It 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.”1
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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS 2. Elements of an Obligation
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2. ELEMENTS OF AN OBLIGATION
ELEMENTS OF AN OBLIGATION: ARTS . 1156 – 1162 (PAVO)
A. PASSIVE SUBJECT (obligor/debtor): one who has the duty of giving, doing or not doing;
person bound to the fulfillment
B. ACTIVE SUBJECT (obligee/creditor): one in whose favor the obligation is constituted; person entitled to demand
C. VINCULUM JURIS/ LEGAL TIE: the efficient cause or the juridical tie between two subjects 1 William F. Elliot, Commentaries on the Law of Contracts, Volume 1, 1913 edition, Indianapolis, The Bobbs-Merrill Company, page 6, citing Anson Cont. 5, 23.
by reason of which the debtor is bound in favor of the creditor to perform the obligation. It can be established by various sources of obligations (law, contract, quasi-contracts, delicts, and quasi-delicts) and may arise either from bilateral or unilateral acts of persons.
D. OBJECT/ SUBJECT MATTER: the prestation or conduct which has to be observed by the debtor/obligor. It is not a thing but a particular conduct of the debtor.
REQUISITES OF A VALID PRESTATION:
a. Licit b. Possible
c. Determinate/ Determinable d. Must have pecuniary value
Ang Yu Asuncion vs Court of Appeals [G.R.
No. 109125, December 2, 1994].
The obligation is constituted upon the concurrence of the essential elements thereof, viz.: (a) The vinculum juris or the juridical tie which is the efficient cause established by the various sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts); (b) the object which is the prestation or conduct, required to be observed (to give, to do, or not to do); and (c) subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the passive (obligor) subjects.
NOTE: The form in which the obligation is manifested is sometimes added as a fifth element. This element, however, cannot be considered as essential as there is no particular form required to make obligations binding, except in rare cases.
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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS
3. Different Kinds of Prestation
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3. DIFFERENT KINDS OF OBLIGATION a) To give
b) To do
c) Not to do – consists in abstaining from some act, includes “not to give,” both being negative obligations
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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS
4. Classification of Obligations
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4. CLASSIFICATION OF OBLIGATIONS A. Viewpoint of Sanction
a. Civil Obligations – give a right of action to compel their performance
b. Natural Obligations – not based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize retention of what has been delivered or rendered by reason thereof.
c. Moral Obligations – those that cannot be enforced by action but which are binding on the party who makes it in conscience and natural law.
B. Viewpoint of Performance
a. Positive Obligation – to give; to do.
b. Negative Obligation – not to do.
C. Viewpoint of Subject Matter a. Personal Obligation b. Real Obligation
I. Determinate or Specific II. Generic
III. Limited Generic D. Viewpoint of Person Obliged
a. Unilateral – only one party is bound b. Bilateral – both parties are bound Distinguish a Civil Obligation from Natural Obligation
CIVIL OBLIGATION NATURAL OBLIGATION Art. 1156 Arts. 1423- 1430 Based on positive
law
Based on equity and natural justice Enforceable by court
action
Cannot be compeled by cour action but depends exclusively upon the good
conscience of the debtor
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TOPICS UNDER THE SYLLABUS A. GENERAL PROVISIONS 5. Sources of Obligations
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5. SOURCES OF OBLIGATION
A. ARTICLE 1157. OBLIGATIONS ARISE FROM
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and (5) Quasi-delicts
NOTE: The list is exclusive (Sagrado Orden v.
Nacoco, [G.R. No. L-37756, June 30, 1952]).
However, some writers expressly recognize that a UNILATERAL PROMISE can give rise to obligations (Tolentino, Volume IV, p. 62).
A.1. LAW (OBLIGATION EX LEGE)
The law cannot exist as a source of obligations, unless the acts to which its principles may be applied exist.
Once the acts or facts exist, the obligations arising therefrom by virtue of the express provisions of the law are entirely independent of the agreement of the parties. And such obligations and their correlative rights are governed by the law by which they are created.
It must be expressly or impliedly set forth and cannot be presumed.
A.2. CONTRACTS (OBLIGATION EX CONTRACTU)
A juridical conventions manifested in legal form, by virtue of which one or more persons bind themselves in favor another, or others, or reciprocally, to the fulfillment of a prestation to give, to do, or not to do. (Sanchez Roman)
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (Art. 1159)
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The terms of the contracts determine the respective obligations of the parties.
If the terms of the contract are clear and leave no doubt upon the contracting parties’ intention, such terms should be applied in their literal meaning.
Neither party may unilaterally evade his obligation in the contract, unless the contract authorizes it or the other party assents.
Parties may freely enter into any stipulations provided they are not contrary to law, morals, good customs, public order or public policy.
A.3. QUASI-CONTRACTS (Obligation Ex Quasi-Contractu)
Juridical relations resulting from lawful, voluntary and unilateral acts, which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another.
Distinguished from other Sources (LUV)
a. The act giving rise to a quasi-contract must be LAWFUL distinguishing it from delict;
b. The act must be VOLUNTARY distinguishing it from a quasi-delict which is based on fault or negligence;
c. The act must be UNILATERAL distinguishing it from contract which is based on agreement. (Tolentino, Volume IV, p. 68)
KINDS OF QUASI-CONTRACT
a. Negotiorum Gestio: is the voluntary management of the property or affairs of another without the knowledge or consent of the latter. (Art. 2144)
b. Solutio indebiti: is the juridical relation, which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. (Art.
2145) The requisites are:
c. There is no right to receive the thing delivered;
d. The thing was delivered through mistake.
e. Other cases (Art. 2164-2175)
A.4. DELICTS (OBLIGATION EX MALEFICIO OR EX DELICTO)
Article 100 of the Revised Penal Code – Every person criminally liable for a felony is also civilly liable.
The civil liability springs out and is dependent upon the facts which, if true, would constitute a crime.
Such civil liability is a necessary
consequence of criminal responsibility, and is to be declared and generally enforced in the criminal proceeding except where the injured party reserves his right to avail himself of it in a distinct civil action or in cases where an independent civil action is allowed by law.
GOVERNING RULES:
1. Articles 100-113 of the RPC and other penal laws subject to Art 2177 Civil Code (quasi-delict);
2. Chapter 2, Preliminary title, on Human Relations ( Civil Code )
3. Title 18 of Book IV of the Civil Code on damages
SCOPE OF CIVIL LIABILITY 1. Restitution
2. Reparation for damage caused
3. Indemnity for Consequential damages EFFECT OF ACQUITTAL IN CRIMINAL CASE GENERAL RULE: The acquittal of the accused in the criminal case does not prejudice the civil action, in which the offended party may still be able to recover damages by a preponderance of evidence.
EXCEPTION: Where the judgment of acquittal contained a declaration that no negligence can be attributed to the accused and that the fact from which the civil action might arise did not exist
CRIMES WITHOUT CIVIL LIABILITY 1. Contempt
2. Insults to persons in authority 3. Gambling
4. Violations of traffic regulations (De Leon, 2003 ed.,p. 23)
EXTINGUISHMENT OF LIABILITY: The civil liability for crimes is extinguished by the same causes provided by the Civil Code for the extinguishment of other obligations.
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A.5. QUASI-DELICT/TORTS (OBLIGATION EX QUASI-DELICTO/ EX QUASI MALEFICIO)
It is an act or omission arising from fault or negligence which causes damage to another, there being no pre-existing contractual relations between the parties
ELEMENTS :
1. That there exists a wrongful act or omission imputable to the defendant by reason of his fault or negligence;
2. That there exists a damage or injury, which must be proved by the person claiming recovery;
3. That there must be a direct causal connection or a relation of cause and effect between the fault or negligence and the damage or injury; or that the fault or negligence be the cause of the damage or injury.
DISTINCT FROM A CRIME: An injured party or his heirs has the choice of either:
(a) An action to enforce civil liability arising from crime under Article 100 of the RPC, or
(b) An action from quasi-delict under Articles 2176-2194 of the Civil Code.
NEGLIGENCE: Failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury. US v.
Barrias, [23 Phil. 434, (1912)]
ELEMENTS OF NEGLIGENCE: (DFI)
a. A duty on the part of the defendant to protect the plaintiff from the injury of which the latter complains;
b. A failure to perform that duty; and c. An injury to the plaintiff through
such failure.
TEST of NEGLIGENCE: “Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued?” Picart v. Smith, [37 Phil. 809]
B. NATURAL OBLIGATIONS (Arts. 1423 – 1430)
NATURAL OBLIGATIONS
1. They are real obligations to which the law denies an action, but which the debtor may perform voluntarily.
2.
It is patrimonial, and presupposes a prestation.
3. The binding tie of these obligations is in the conscience of man, for under the law, they do not have the necessary efficacy to give rise to an action.
EXAMPLES OF NATURAL OBLIGATIONS ENUMERATED UNDER THE CIVIL CODE:
1. Performance after the civil obligation has prescribed
2. Reimbursement of a third person for a debt that has prescribed
3. Restitution by minor after annulment of contract
4. Delivery by minor of money or fungible thing in fulfillment of obligation
5. Performance after action to enforce civil obligation has failed
6. Payment by heir of debt exceeding value of property inherited
7. Payment of legacy after will have been declared void.
C. EXTRA-CONTRACTUAL OBLIGATIONS
C.1. ESTOPPEL (Arts. 1431 – 1439)
ESTOPPEL - a condition or state by virtue of which an admission or representation is rendered conclusive upon the person making it and cannot be denied or disproved as against the person relying thereon.
KINDS:
1. Estoppel in pais (by conduct) a. Estoppel by silence
b. Estoppel by acceptance of benefits 2. Technical Estoppel
a. Estoppel by deed b. Estoppel by record c. Estoppel by judgment d. Estoppel by laches
C.2. LACHES OR STALE DEMANDS
LACHES – Failure or neglect, for an unreasonable and unexplained length of time to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within reasonable time warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it
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ELEMENTS (CDLI)
1. Conduct on part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made and for which the complaint seeks a remedy
2. Delay in asserting the complainant’s rights, the complainant having knowledge or notice, of the defendant’s conduct and having been afforded the opportunity to institute a suit 3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit 4. Injury to the defendant in the event relief is accorded to the complainant, or the suit in not held to be barred.
Distinguish Laches from Prescription LACHES PRESCRIPTION Concerned with effect of
delay
Concerned with fact of delay Question of inequity of
permitting the claim to be enforced
Question or
matter of time
Not statutory Statutory
Applies in equity Applies at law Not based on a fixed time Based on a fixed
time