BOOK IV  Contracts (obligation ex contractu) – like the

Obligations and Contracts duty to repay a loan by virtue of an

TITLE agreement.
Obligations  Quasi-contracts (obligation ex quasi-
CHAPTER 1 contractu) – like the duty to refund an “over
General Provisions change” of money because of the quasi-
contract of solution indebiti or “under
ARTICLE 1156. payment.”
“An obligation is juridical necessity to give,  Crimes or Acts of Omissions Punished by
to do, or not to do. (n)” Law (obligation ex maleficio or ex delicto) –
“Ang obligasyon ay isang Juridical necessity na like the duty to return a stolen carabao.
magbigay, gawin at, hindi gawin.”  Quasi-delicts or Torts- (obligation ex quasi-
delicto or ex quasi-maleficio) – like the duty
Obligation derived from the latin word to repair damage due to negligence.
“obligation” meaning tying or binding. Joridical
necessity connote that in case of noncompliance, ARTICLE 1158.
there will be legal sanction. “Obligations derived from the law are not
presumed. Only those expressly determined
Elements: in this Code or in special laws are
 Active Subject – the one is demanding the demandable, and shall be regulated by the
performance (Creditor) precepts of the law which establishes them;
 Passive Subject – the one bound to perform and as to what has not been foreseen, by rge
the prestation to give, to give, to do, or not provisions of this Book. (1090)”
to do. “Ang mga obligasyon na hango sa batas ay
 Prestation or Object – the subject matter of hindi inaakala. Ang mga obligasyon lamang na
the obligation hayagang nakasaad sa Code na ito at mga
 Efficient Cause – the juridical tie or espesyal na batas ang may bias, at pinapatakbo
vinculum by virtue of which the debtor has ng mga utos ng batas na nagtatag ng mga ito;
become bound to perform the prestation. para sa mga obligasyon na hindi inaasahan, sila
ay bibigyang bias ng probisyon ng Libro na ito.”
ARTICLE 1157.
Obligation arise from: Discussion:
1. Law; When obligations are not expressly provided
2. Contracts; by law, they cannot be presumed to exist – thus
3. Quasi-Contracts; making the not demandable nor enforceable.
4. Act or omissions punished by law; and When the act itself is the source of the
5. Quasi-delicts obligation and not the law:
The law merely acknowledges the existence
Ang obligasyon ay maaaring manggaling: of an obligation generated by an act;
1. Batas; It constitutes a contract, quasi-contract, delict
2. Kontrata: or quasi-delict;
3. Quasi-Kontrata Its only purpose is to regulate the obligation
4. Kilos o kilos na masama na pinaparusahan which did not arise from the law.
ng batas: at
5. Quasi-delicts When the source of the obligation is the law
itself.
Sourcers of Obligations 1. The law creates the obligation;
 Law (obligation ex lege)-like the duty to pay 2. The act upon which it is based is nothing
taxes and to support one’s family. more than a mere factor for determining
the moment when it becomes
demandable.
ARTICLE 1159. ARTICLE 1161.
“Obligation arising from contracts gave the “Civil obligations arising from criminal
force of law between the contracting parties and offenses shall be governed by the penal laws,
should be complied with in good faith.” subject to the provisions of Article 2177, and the
“Ang mga obligasyon na nag simula sa mga pertinent provisions of chapter 2, Preliminary
kontrata at nagkaroon ng bias sa batas sa pagitan ng title on Human Relations, and to XVIII of this
mga nagkasundong partido ay dapat gampanan ito Book, regulating damages.”
ng may mabuting kalooban.” “Ang mga obligasyong sibil na nagmumula sa
mga criminal na opensa ay dapat pamunuan ng mga
*Distinction between Obligation and Contract batas na pang penal, na naayos sa mga probisyon ng
 Obligation – is a judicial necessity to give, Artikulo 2177 at ng mga pertenenteng probisyon ng
to do, or not to do (1156), while Chapter 2, Preliminary Title sa Human Relations at
 Contract – is the meeting of the minds ng Title XVIII ng aklat na ito na nagsasaayos ng
between two persons whereby one bind mga danyos.”
himself with respect to the other, to give
something, or to render some services. Rules Governing Civil Obligations Arising from
(Art.1305) Criminal offenses.
 Obligation Arising from contracts – it is an 1. Penal laws like the Revised Penal Code. The
established doctrine of law and sustained by Penal Code contains a Chapter on civil
the settled practice of the courts, that a man liability. (Articles 100 to 113)
obligates himself to do that to which he 2. Article 2176 (Quasi – delict)
promises to be bound, because that to which 3. Pertinent provisions of chapter 2
he promises to be bound, because that which (Preliminary Title) on Human Relations –
is agreed to in a contract is the law between particularly Article 26, 29, 30, 32, 33, 35,
such contracting parties. This rule, however, and 36, NCC;
is subject to a condition that a court is not 4. Title XVII of this code involving damages
contrary to law, morals, good customs, (Article 2195 to 2235)
public order, or public policy.
ARTICLE 1162.
ARTICLE 1160. “Obligations derived from quasi-delicts shall
“Obligations derived from quasi-contracts be governed by the provisions of chapter 2, Title
shall be subject to the provisions of Chapter I, XVII of this Book, and by special laws. (1093a)”
Title XVII of this Book.” “Ang mga obligasyon na nagmula sa quasi-
delicts ay nasasakupan ng probisyon Chapter 2,
Discussion: Title XVIII ng Aklat na ito, at ng mga espesyal na
A quasi-contract is a juridical relation which batas.”
arises from a lawful, voluntary and unilateral act/s
executed by somebody for the benefit of another Discussion:
and for which the former must be indemnified to the A quasi delict is an act or omission by a person
end that no one shall be enriched or benefited at the which causes damage to another giving rise to an
express of another (Article 2142). obligation to pay for the damage done, there being
Presumption Consent – The consent in quasi- fault or negligence but there is no preexisting
contracts is referred to as presumptive consent. contractual relation between the parties. Requisites
Since a quasi-contract is unilateral contract created of Quasi delict.
by the act/s of the gestor, the consent is provided by  “The diligence of a good father of a family”
law through presumption. This consent gives rise to is the diligence required on this article and if
multiple judicial relations which result in extraordinary diligence is required, then the
obligations for the delivery of the thing or rendition obligator shall exercise extraordinary
of service. diligence.