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OBLIGATIONS

I. GENERAL PROVISIONS

A. DEFINITION

Obligation is a legal relation established between one person and another,
whereby the latter is bound to the fulfillment of a prestation which the former may
demand from him. (Manresa)

B. ESSENTIAL REQUISITES OF AN OBLIGATION: ARTICLE 1150-1162) (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 (oblige/ 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 by reason of which the debtor is bound in favor of the creditor to perform
the obligation.
d) OBJECT/ PRESTATION: the subject matter or conduct which has to be observed
by the debtor/ obligor. It is not a thing but a particular conduct of the debtor.

1. Kinds
i. To do
ii. Not to do
iii. To give

2. Requisites
i. Licit
ii. Possible
iii. Determinate/ determinable
iv. Must have pecuniary value

C. CLASSIFICATIONS OF OBLIGATIONS

a. As to SANCTION

1. CIVIL OBLIGATIONS- give a right of action to compel their performance
2. 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.
3. MORAL OBLIGATIONS- those cannot be enforced by action but which are
binding on the party who makes it in conscience and natural law.

b. As to PARTIES

1. UNILATERAL AND BILATERAL- unilateral, where only one party is bound,
and bilateral, where both parties are mutually or reciprocally bound.
2. INDIVIDUAL AND COLLECTIVE- individual, where there is only one obligor,
and collective, where there are several obligors. The latter may be joint, when
each obligor is liable only for his proportionate share of the obligation, or
solidary, when each obligor may be held liable for the entire obligation.




c. As to OBJECT

1. DETERMINATE AND GENERIC- determinate, when the object is specific;
generic, when the object is designated by its class or genus.
2. SIMPLE AND MULTIPLE- simple, when there is only one undertaking;
multiple, when there are several undertakings.
3. POSITIVE AND NEGATVE- positive, when the obligor is obliged to give or to
do something; negative, when the obligor must refrain from giving or doing
something.
4. REAL AND PERSONAL- real, when the obligation consists in giving
something; personal, when the obligation consists in doing or not doing
something.
5. POSSIBLE AND IMPOSSIBLE- possible, when the obligation is capable of
fulfillment in nature as well as in law; impossible, when the obligations is not
capable of fulfillment either in nature or in law.
6. DIVISIBLE AND INDIVISIBLE- divisible, when the obligation is susceptible of
partial performance; indivisible, when the obligation is not susceptible of
partial performance.
7. PRINCIPAL AND ACCESSORY- Principal, when it is the main undertaking;
accessory, when it is merely an undertaking to guarantee the fulfillment of the
principal obligation

d. As to PERFECTION and EXTINGUISHMENT

1. PURE- when the obligation is not subject to any condition or term and is
immediately demandable
2. CONDITIONAL- when the obligation is subject to condition which may be
suspensive, in which case the happening or fulfillment of the obligation results
in the birth of the obligation, or resolutory, in which case the happening or
fulfillment of the condition results in the extinguishment of the obligation
3. WITH A TERM or PERIOD- when the obligation is subject to a term or period
which may be suspensive or from a day certain, in which case the obligation id
demandable only upon the expiration of the term, or resolutory or to a day
certain, in which case the obligation terminates upon the expiration of the
term

e. As to PERFORMANCE

1. Positive obligation- to give; to do
2. Negative obligation- not to do

D. SOURCES OF OBLIGATION (Art. 1157)

1. Law (obligation ex lege): Art.1158
2. Contracts (obligation ex contact): Art 1159
3. Quasi- contracts (obligation ex contractu): Art. 1160

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

KINDS of QUASI-CONTRACT

i. NEGOTIORIUM GESTIO (Art. 2144): is the voluntary management of the
property or affairs of another without the owners authority.
ii. SOLUTIO INDEBITI (Art. 2145): 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.
REQUISITES
There is no right to receive the thing delivered;
The thing was delivered through mistake

4. Acts or omissions punished by law (Art 1161)

NOTE:

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 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.

SCOPE OF CIVIL LIABILITY
i. Restitution
ii. Reparation for damage caused
iii. Indemnity for consequential damages

EFFECT OF ACQUITTAL IN CRIMINAL CASE

GENERAL RULE: The acquittal of the accused in 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 judgment of acquittal contained a declaration that
no negligence can be attributed to the accused and that from which the
civil action might arise did not exist.

CRIMES WITHOUT CIVIL LIABILITY
i. Contempt
ii. Insults to persons in authority
iii. Gambling
iv. Violations of traffic regulations


5. Quasi- delicts

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: (ADDITIONAL)

i. That there exists a wrongful act or omission imputable to the defendant by
reason of his fault or negligence;
ii. That there exists a damage or injury, which must be proved by the person
claiming recovery;
iii. That there must be direct causal connection or a relation of cause and effect
between the fault or negligence and the damage or injury; or the fault or
negligence be the cause of the damage or injury.

II. NATURE AND EFFECT OF OBLIGATIONS

PERSONAL OBLIGATIONS: obligations to do or not to do; where the subject matter is
an act to be done or not to be done.
1. Positive-obligation to do
2. Negative-obligation not to do

REAL OBLIGATIONS: obligations to give; where the subject matter is a thing which the
obligor must deliver to the obligee.

1. Determinate or specific-object is particularly designated or physically
segregated from all others things of same class
2. Generic-object is designated by6 its class or genus
3. Limited Generic-generic objects confined to a particular class.
a. Ex: An obligation to deliver one of my horses (Tolentino,Volume
iv,p.91;De Leon,2003 ed.,p.7)

A. OBLIGATION TO GIVE

a. DUTIES OF OBLIGOR IN AN OBLIGATION TO GIVE A DETERMINATE THING
(Arts.1163, 1164, 1166)

1. To deliver the thing itself (Art 1244 par 1)

The debtor of the thing cannot compel the creditor to receive a different
one, although the latter may be of the same value as , or more valuable than
that which is due.

2. To preserve the thing with due care (Art. 1163)

Every person obliged to give something is also obliged to take care of the thing:
i. By the stipulation of the parties
ii. By the law
iii. If not stated, proper diligence of a good father of a family.

3. To deliver accessions and accessories (Art. 1166)

The obligation to give a determinate thing includes that of delivering all its
accession and accessories, even though they may not have been mentioned.

i. ACCESSIONS- are the fruits of a thing or additions to improvements upon
a thing (principal).
ii. ACCESSORIES- are the things joined to or included with the principal
thing for the latters embellishment, better use, or completion.

4. To deliver the fruits (Art 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.

NON NUDIS PACTIS, SED TRADITIONES DOMINIA RERYM TRANSFERANTUR
As a consequence of certain contracts, it is not agreement but tradition or
delivery that transfers ownership.
5. To be liable for damages in case of fraud, negligence, or delay, in the performance
of his obligation, or contravention of the tenor thereof.
b. DUTIES OF OBLIGOR IN AN OBLIGATION TO GIVE A GENERIC THING
(Arts.1246 and 1170)
1. To deliver the fruits of the thing: Right to the fruits of the thing from the obligation to
deliver it arises;
2. To deliver its accessions and accessories (Art.1166)
i.Accessions-additions to or to improvements upon a thing. Ex:Air conditioner in a
car
ii. Accessories-things joined to, or included with the principal thing for its better
use, embellishment or completion. Ex: key of a house ;frame of a picture
3. To deliver the thing itself
Note: (Art. 1246)- When the obligation consists in the delivery of an indeterminate or
generic thing, whose quality And circumstances have not been stated, the creditor
cannot demand a thing of superior quality. Neither can the debtor deliver a thing of
inferior quality. The purpose of the obligation and other circumstances shall be taken
into consideration.
4. To be liable for damages in case of fraud, negligence, or delay, in the performance
of his obligation, or contravention of the tenor thereof.

c. RIGHTS OF THE CREDITOR IN REAL OBLIGATION TO GIVE (Art.1165)
1. GENERIC REAL OBLIGATION (Obligation to deliver a generic thing)
i. To ask performance of the obligation
ii. To ask that obligation be complied with the expense of the obligor
iii. To recover damages in case of breach of obligation
NOTE: A generic real obligation can be performed by a third person since the object is
expressed only according to its family ore genus.
2. DETERMINATE OR SPECIFIC REAL OBLIGATION (Obligation to deliver a determinate
thing):
i. To demand specific performance or fulfillment (if it is still possible) of the obligation
with a right to indemnity for damages
ii. To demand rescission of the obligation with right to recover damages
iii. To demand payment of damages when it is only feasible remedy
iv. If the obligation to deliver a determinate thing, the very thing itself must be
delivered and consequently, only the debtor can comply with the obligation.
WHEN OBLIGATION TO DELIVER THE THING AND FRUIT ARISES
1. If the source of the obligation is law, quasi-contract, delict, quasi-delict ,it arises from
the time designated by law creating or regulating them;
2. If the source is contract, it arises from the time of the perfection of the contract (i.e.
meeting of the minds between the parties),
UNLESS
a. the parties made a stipulation to the contrary,
b. the obligation is subject to a suspensive condition or period; arises upon fulfillment
of the condition or arrival of the period
c .in a contract to sell ,the obligation arises from the perfection of the contract even if
the obligation is subject to a suspense condition or a suspensive period where the price has
been paid.


B.OBLIGATION TO DO OR NOT TO DO
a. RIGHTS OF A CREDITOR IN PERSONAL OBLIGATION
1. POSITIVE PERSONAL OBLIGATIONS:
i. Performance at debtors cause: The oblige is entitled to have the thing done in a
proper manner, by himself or by the third person, at the expense of the debtor.
ii. To demand what has been poorly done be undone
iii. To recover damages because of the breach of the obligation
2. NEGATIVE PERSONAL OBLIGATION
i. To have it undone at the expense of the obligor; and
ii. To ask for damages
DISTINGUISH PERSONAL RIGHT FROM REAL RIGTH
PERSONAL REAL
Jus ad rem ,a right enforceable only against a
definite person or a group of persons
Jus in re,a right enforceable against the whole
world
Right pertaining to a person to demand from
another, as a definite passive subject, the
fulfillment of the prestation to give, to do or
not to do.
Right pertaining to a person over a specific
thing ,without a definite passive subject
against whom the right may be personally
enforced


KINDS of DELIVERY
a. ACTUAL DELIVERY (tradition)- where physically, the property changes hands.
b. CONSTRUCTIVE DELIVERY- that where the physical transfer is implied. This is done by:
1. TRADITIO SIMBOLICA (symbolical tradition)- Ex. As when the keys of a bodega are
given
2. TRADITIO LONGA MANU- delivery by mere consent or the pointing out of the object
3. TRADITIO BREVI MANU-delivery by the short hand; that kind of delivery whereby a
possessor of a thing not an owner, becomes the possessor as owners. (ex. When a
tenant already in possession buys the house he is renting.
4. TRADITIO CONSTITUTUM POSSESSORIUM- the opposite of brevi manu; thus, the
delivery whereby a possessor of a thing as an owner, retains possession no longer as an
owner, who sells a house, but remains in possession as tenant of the same house
5. TRADITION BY THE EXECUTION OF LEGAL FORMS AND SOLEMNITIES- like the
execution of a public instrument selling land

C.BREACHES OF OBLIGATIONS (ARTS.1170-1174)
a. Voluntary-debtor in the performance of the obligation is guilty of:
1. Delay (Mora)
2. Fraud (Dolo)
3. Negligence (Culpa)
4. Contravention of the tenor of the obligation
NOTE: debtor is liable for damages
b. Involuntary-debtor is unable to comply with his obligation due to fortuitous event/s
NOTE: debtor is NOT; liable for damages
1.1 DEFAULT OR DELAY (Mora)
GENERAL RULE: Those obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicial demands from them the fulfillment of their obligation.
(Art.1169)
EXCEPTION: Demnd by the creditor shall NOT be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declares;
(2) When from the nature and the circumstances of the obligation it appears that designation of
the time when the thing is to be delivered or the service is to be rendered was a controlling
motive for the establishment of the contract or
(3) When the demand would be useless, as when the obligator has rendered when the obligor
has rendered it beyond his power to perform.
In reciprocal obligations, neither incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is comment upon him. From the moment one of the
parties fulfills his obligation, delay by the other begins.
NOTE: Art.1169 is applicable only when the obligation is to do something other than the
payment of money. In case of obligation for payment of sum of money, the interest replaces the
damages.
KINDS OF DELAY:
1.Mora solvendi-delay or default committed by debtor.
2.Mora accipiendi-delay or default committed by creditor
3. Compensatio Morae-default of both parties in reciprocal obligations.
GENERAL RULE: An action or suit can be filed at any time after the non-compliance of the
other party. However, damages or interest shall only start to run after judicial or extra-judicial
demand.
EXCEPTION: In ejectment and consignment cases, the extra-judicial demand should first be
made prior to the filling of a civil suit.
EFFECTS OF MORA
A. MORA SOLVENDI
1. When it has for its object a determinate thing, the delay places the risk of the thing
on the debtor
2. Debtor becomes liable for damages for the delay
B. MORA ACCIPENDI
1. Responsibility of the debtor for the thing is reduced and limited to fraud and gross
negligence
2. Debtor is exempted from the risks of loss of thing, which automatically pass to the
creditor
3. All expenses incurred by the debtor for the preservation of the thing after the mora
shall be changeable to the creditor
4. If the obligation bears interest the debtor does not have to pay it from the moment of
the mora
5. The creditor becomes liable for damages.
6. The debtor may relieve himself of the obligation by the consignation of the thing
C. COMPENSATIO MORAE
1. EXCEPTIO NON ADEMPLETI CONTRACTUS- one is not compelled to perform if
contracting party is not yet prepared to perform his prestation, default of one causes
the default of the other.
DEMAND IS NOT NECESSARY WHEN:
1. Law or obligation expressly declares so
2. Time is of the essence
3. Demand would be useless
NOTE: In reciprocal obligations, a party does not incur in delay for failure of the other party to
assume and perform the obligation imposed upon him/her.
1. 2 FRAUD (Dolo)
It is the deliberate or intentional evasion of the normal fulfillment of an obligation. (8 Manresa
72) It is the fraud in the performance or fulfillment of an obligation already existing, as
distinguished from the fraud referred to in Article 1338 which is the cause of nullity of
contracts and which exists before and at the moment of creating the obligation.
Samson vs Court of Appeals ,(G.R. No.108245, November 25,1994)

Bad faith is essentially a state of mind affirmatively operating with furtive design or with some
motive of ill-will .It does NOT simply connote bad judgment or negligence. It imports a
dishonest purpose or some moral obliquity and conscious doing of wrong. Bad faith is thus
synonymous with fraud and involves a design to mislead or deceive another, not prompted by
an honest mistake as to ones rights or duties, but by some interested or sinister motive.


TYPES OF FRAUD:
1. Causal fraud (Dolo causante): fraud employed in the execution of the contract
2. Incidental Fraud (Dolo Incidente): fraud in performance of obligation already existing
because of a contract
FRAUD IN THE PERFORMANCE /DOLO
INCIDENTE(ART.1170)
CAUSAL FRAUD/DOLO CAUSANTE
(ART.1338)
Present during the performance of a pre-
existing obligation
Present during the perfection of a contract
Purpose is to evade the normal fulfillment of
the obligation
Purpose is to secure the consent of another to
enter into the contract
Results in the breach of an obligation Results in violation of consent ;voidable
contract
Gives rise to a right I favor of the creditor to
recover damages
Gives rise to a right of an innocent party to
annul the contract

NOTE: Future fraud CANNOT be waived .However; the law does not prohibit renunciation of
the action for damages on the ground of past fraud.
REMEDIES OF DEFRAUDED PARTY
a. Specific performance (Art.1233)
b. Resolve contract (Art. 1191)
c. Damages, in either case
1. 3 NEGLIGENCE (culpa)
Any voluntary act or omission, there being no malice which prevents the normal
fulfillment of an obligation.
Consists in the omission of that diligence which is required by the nature of the
obligation and corresponds with the circumstances of the persons ,of the time and of
the place(Art.1173)
KINDS OF NEGLIGENCE
a. Quasi-Delict (Culpa aquiliana/culpra extra contractual)-source of obligation ;wrong or
negligence committed independent of contract and without criminal intent.
b. Contractual Negligence (Culpa Contractual )-wrong or negligence of a obligation or
contract.
c. Criminal Negligence(Culpa Criminal)-wrong or negligence in the commission of a crime.
INSTANCES WHERE THE LAW REQUIRES A HIGHER STANDARD OF CARE
a. Banks-as a business affected with interest, and because of the nature of its functions, the
bank is under obligation to treat the accounts of its depositors with meticulous care, always
having in mind the fiduciary nature of their relationship.Simex v. CA ,183 SCRA 360
,(G.R.No.88013,March 19,1990)
EXCEPTION: Extraordinary diligence does NOT cover transaction outside bank deposits,i.e.
commercial transactions Reyes v.CA,(G.R.No.94214,December 1,1992)
B. Common Carriers-from the nature of the business and for reasons of public policy, common
carriers are bound to observe extraordinary diligence in the vigilance over the goods and for the
safety of the passengers transported by them according to all the circumstances of each case
(Art.1733)
Diligence of a good father of a family: ordinary care or that diligence which an average or
reasonably prudent person would exercise over his own property.
NOTE: Rule on Standard of care
That which the law requires ;or
That stipulated by the parties; or
In the absence of the two, diligence of a good father of a family.
DISTINGUISH FRAUD FROM NEGLIGENCE
FRAUD NEGLIGENCE
There is deliberate intention to cause damage There is no deliberate intention to cause
damage.
Liability CANNOT be mitigated Liability may be mitigated.
Presumed from the breach of a contractual
obligation
Must be clearly proved
Waiver for future fraud is void. Waiver for future negligence may be allowed in
in certain cases.

DISTINGUISH NEGLIGENCE FROM CRIME
NEGLIGENCE CRIME
Any act with fault or
negligence
Acts punishable by law
Criminal intent unnecessary Necessary
Damages may be awarded to
injured party
Some crimes do not give rise
to civil liability
Violation of private rights Public rights
Preponderance of evidence Proof reasonable doubt
Can be compromised as any
other civil liability
Criminal liability can never be
compromised
Presumption of negligence Presumption of innocence


KINDS OF NEGLIGENCE, DISTINGUISHED
CULPA AQUILIANA CULPA CONTRACTUAL
Negligence is substantive and independent Negligence merely an incident of
performance of an obligation.
There may or may not be a pre-existing
contractual obligation
There is a pre-existing contractual relation.
Source of the obligation is the negligence
itself.
Source of the obligation is the breach of
the contractual obligation.
Negligence must be proved Proof of existing of the contract and its
breach is prima facie sufficient to warrant
recovery
Diligence in the selection and supervision
of the employees is a defense
Diligence in the selection and supervision
of the employees is not available as a
defense

EFFECTS OF CONTRIBUTORY NEGLIGENCE OF THE OBLIGEE
GENERAL RULE: Reduces or mitigates the damages which he can recover.
EXCEPTION: If the negligence act or omission of the creditor is the proximate cause of the
event, which lead to the damage or injury complained of ,he cannot recover.
EFFECTS OF IMPOSSIBLE AND ILLEGAL CONDITIONS
CONDITION EFFECT ON OBLIGATION EFFECT ON CONDITIONS
TO DO
Impossible or illegal
VOID VOID
NOT to do an illegal thing VALID VALID
NOT TO DO AN IMPOSSIBLE
THING
VALID DISREGARD CONDITION
Condition is pre-existing
and not dependent on the
fulfillment of impossible
condition for existence
VALID VOID
Condition IMPOSSIBLE but
obligation DIVISIBLE
ONLY THE AFFECTED
OBLIGATION IS VOID


1. 4. CONTRAVENTION OF THE TENOR OF THE OBLIGATION
1. FORTUITIOUS EVENT (Force Majeure)
GENERAL RULE: No one should be held to account for fortuitous cases, which are those
situations that could not be foreseen, or which through foreseen were inevitable.
EXCEPTION: There concurs a corresponding fraud, negligence, delay or violation or
contravention in the manner of the tenor of the obligation.
ELEMENTS OF A FORTUTIOUS EVENT:
1. The cause of breach is independent of the debtors will.
2. The event must be unforeseeable or unavoidable.
3. The events render performance impossible.
4. The debtor must be free from any participation, or aggravation of the injury.(Arrt.1174)
NOTE: In the case of Republic v. Luzon Stevedoring ,(G.R. No.L-21749 ,September 29 ,1967)
,the court held that the person obliged to perform an obligation shall not excused from a
fortuitous event when the nature of the obligation requires the assumption of risk. In the other
words, it is not enough that the event should not be foreseen or anticipated, but it must be one
that is impossible to foresee or to avoid.
GENERAL RULE: The law protects the creditors. The creditors are given by law all possible
remedies to enforce such obligations.
A.SPECIFIC PERFORMANCE
To demand specific performance or fulfillment of the obligation with a right to indemnity for
damages.
B.RESCISSION
It means to abrogate the contract from the beginning and to restore the parties to the
relative positions as if no contract has been made.
It is to declare the contract to void at the inception and to put an end to it as though
never was
It is predicated on the breach of faith by a party that violates the reciprocity between
them.
NOTE: In the case Adorable v.Court and Appeals ,G.R.No.119466 ,November 25,1999,the
Court held that UNLESS a debtor acted in fraud of his creditor, the creditor has no right to
rescind a sale made by the debtor to someone on the mere ground that such sale made will
prejudice the creditors rights in collecting later on from the debtor. The creditors right against
the debtor only a personal right to receive payment for the loan; it is NOT a real right over the
lot subject to the deed of sale transferring the debtors property.
C.DAMAGES
To demand payment of damages when it is feasible remedy.
KINDS of DAMAGES
1. Moral
2. Exemplary
3. Nominal
4. Temperate
5. Actual
6. Liquidated

D.SUBSIDIARY REMEDIES OF CREDITORS
1. Accion Subrogatoria-action which the creditor may exercise in the place of his negligent
debtor in order to preserve or recover for the patrimony of the debtor the product of such
action, and then obtain there forms the satisfaction of his own credit.
2. Accion paulina-action to revoke or rescind acts which the debtor may have done to defraud
his creditor.
3. Accion directa-(Arts.1652, 1608, 1729, 1893)

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