IV, TITLE I: OBLIGATIONS Natural : cannot be enforced in court no
Chapter 1 : General Provisions juridical tie Three types of Obligations INTRODUCTION 1. Civil Obligation basic and alphabet of law 2. Natural voluntary fulfillment converts the Only the law that governs you from the natural obligation to a natural one. moment youre conceived until your death 3. Moral cannot be enforced against a debtor Etymology: oble (around) + gale (tie) = to tie it for non-fulfillment (alms for the poor around Voluntary fulfillment if natural, there is VF that Bind one for the performance of a thing tells you that you have the right to retain what is legal fiction of atie received. The voluntary fulfillment creates a new ARTICLE 1156 civil obligationnegative CO that a debtor MAY NOT recover what he has voluntarily fulfilled.
If moral obligation with a voluntary Obligation leads you to a conclusion that fulfillment, debtor will have a prestation covers the concepts of obligation defined and NOT TO GET BACK covered in the CC Art. 1106 Prescription Does it cover ALL types of obligations? NO. Mode to acquire and lose There should be a juridical necessity it only Mode of acquiring and/or losing refers to civil obligations ownership and right of action through the Art. 1423 Natural Obligations lapse of time The Civil code defines and govern 2 types of Acquisitive Acquiring obligation: civil and natural Extinctive Losing thru lapse of time Moral obligations are implied in our system Article 1144 : 10 years Distinctions of Civil & Natural Obligations o Written contract 1. SOURCE o Obli created by law Civil: positive law to be valid, it should be o Judgment proven that it is based on natural law/moral Article 1145: 6 years law. o Oral contract Natural law becomes positive when o Quasi-contract legislated becomes a formal law Article 1146: 4 years Must be rooted on natural law o Injury to the rights of the plaintiff May be from the Constitution, Congress o Quasi-delict enactments, Exec Branch, ordinances of Article 1147: 1 year LGU, jurisprudence o Forcible entry and detainer Once they are echoing natural law and o Defamation part of the book it is not positive law If the creditor acquires a right, ascertain Natural: Equity and natural law we all have the period if not used, extinctive this. prescription, it converts a civil obligation the law of conscience to a NATURAL OBLIGATION. if there is a basic principles of what is fair and just voluntary fulfillment of a debtor of natural the golden rule (UN in NY) obligation, it is now a civil obligation on 2. ENFORCEMENT IN COURTS OF LAW the part of the debtor to not get back. Civil: There is a juridical tie and enforceable in Art. 1425 pag may utang ka, kahit sino pwede court positive law bayaran. Pag nabayaran, extinguished na. Consent of Cause of Action can bring an issue to court, debtor not needed. Required: creditor agrees debt is there a basis in positive law? If none and extinguished. New civil obligation to the 3rd party to just moral, cannot go to court. PAY BACK or else there is unjust enrichment. JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 1 *THESE SOURCES ARE EXCLUSIVE FOUR ESSENTIAL REQUISITES OF AN OBLIGATION: This gives the tie the cause of action 1. Passive subject debtor- obligor may be Sagrado Orden de Predicadores vs. Nacoco compelled to perform the prestation establishes that the sources are exclsuive Capacity to act Minors not allowed unless assisted by ARTICLE 1158 : LAW guardians or parents An obligation that arises from law is NEVER Purchase of necessities PRESUMED If no capacity, voidable contract Expressly provided in the Code or Special Laws Persons without capacity to act is not a If the Law is ambiguous susceptible to two debtor unless represented by the or more interpretations guardian Law appears to create an obligation but not so 2. Active subject- creditor- obligee party who CONSTRUE AGAINS THE OBLIGATION - has right to compel NEVER EVER PRESUME!!!! Legal capacity/ juridical capacity If unclear, NONE! Natural-born or naturalized, juridical or Only those expressly provided artificial EG: Legistlation passed expanding the support Even an unborn child can be a done to a of elder brother to younger brother, may contract of donation younger sister demand support? NO! Not Corporations : juridical entity is established presumed ; strict construction. now capable of entering a contract upon the Governed by the precepts of Law birth of corporation If you establish the existence of law, that law 3. Prestation object of obligation to give to provides the how, if none, the laws on do or not to do Obligations and Contract will govern Requirements: supplemental to any field of law o Determined or at least determinable ARTICLE 1159 : CONTRACTS o Possible to perform Stipulations agreed by the parties o Not contrary to law, GC,M,PP,PO Good faith essential to a valid contract o Suscpetible of Money value This is the actual source of the tie Pecuniary value : death damages , need to establish this may be of sentimental value If one fails to comply or declines to pursue, it 4. Juridical tie vinculum can be a cause of action for liability for damages if there is inequity, there is a cause of Art. 1305: meeting of mind between to persons action. where one binds himself with respect to the other to Juridical tie is the most important because give, to do, or not to do. it distinguishes a civil obligation from that not all contracts are agreements and vice of a natural or moral versa Legal tie that binds the agreements may bring the tie if If not in any of Art. 1157, NO JURIDICAL TIE none, no cause of action What to look to know that there is an not always expressed obligation Obligations from contracts MAY BE IMPLIED
AND PRESUMED ARTICLE 1157 The basis of an actionable wrong 5 source of obligation : law, contracts ,quasi Agreement Contract? Look at requisites contracts, acts and omissions punishable by law, Requisites of a Contract: quasi-delicts 1. Consent meeting of minds JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 2 Creates the tie A. Negotorium Gestio Article 2144 Makes the tie binding Taking charge of management and When the meeting of minds perfected, administration of a property or bilateral business that is abandoned or TWO ELEMENTS OF CONSENT: neglected a. OFFER Not the owner, he does not have definite determined prestation will authority ( tactily or expressly) concur ; the object of the prestation walang pahintulot Complete ofer must have brought out Pakialamero ALL aspects that will for the offeree ; just Creates a tie ; prestation accept or offer There is an Owner/Beneficiary and b. ACCEPTANCE gestor/officious manager UNCONDITIONAL if there is at least a Officious excessively forward slight deviation to an offer, it is not Terminated: acceptance but creates a new tie -- a 1. Return of the owner COUNTER OFFER counter proposal no 2. Authorized expressly there is an obligation juridical tie of contract or agency This would result to the consent Requisites : Need not be in writing need not be 1. there is a property or business expressed 2. abandoned and/or neglected Juridical exists upon the offer & acceptance 3. taking over of the management or Art. III, Sec. 10 protects the non-impairment administration without the knowledge of the of contracts bawal pakialaman ng 3rd party owner inviolable 4. not have been tacitly or expressly authorized Article 1306 not contrary to law , good customs, 5. voluntarily does it morals, public policy, or public order sets the a. Own volition own free will limitations otherwise VOID b. Knowledge - that he will care fot he 2. Object property for the benefit of the owner 3. Cause RECIPROCAL CONTRACT One tie, several prestations ARTICLE 1160 : QUASI CONTRACTS Prestations: The provision tells you nothing 1. TO DO officious manager is passive ; Leads you to Art. 2142-2175 beneficiary is active Defn: certain lawful, voluntary, and unilateral 2. TO GIVE beneficiary is passive; officious acts manager is active Objective: integrating the natural law to Officious manager may initiate a cause of positive law action for reasonable compensation. If QC is not in NCC there will be no cause of action B. SOLUTIO INDEBITI Art. 2154 Why QC? B/c it is semi, it is like but not Requisites: entirely it is like a contract but not the same 1. Something is delivered CONTRACTS QUASI-CONTRACTS 2. No right to receive it Lawful Lawful 3. There is a mistake Voluntary voluntary Spouses Javier v. CA : look for this case L Bilateral offer and Unilateral one only accept C. INNOMINATE CONTRACTS- Articles2164-2175 Do ut des
Do ut facias culpa aquiliana- quasi delict Facio ut facias Facio ut des Examples : 2164 support given by a stranger 2165 funeral expenses borne by a third person without knowledge of relatives 2166 support orphan, insane, indigent 2167 accident, injured, ill, treatment victim not in a position to give his consent 2168 fire flood storm or other calamity property destructed but saved by another 2169 government, upon failure of person to comply with health and afety regulations , undertakes necessary work 2170- accident or fortituous event movable separately co-owners 2173 a third person, without knowledge of debtor, pays debt
ARTICLE 1161 : ACTS/OMISSIONS those that are punishable by law established that the crime is what is described know the elements of the crimes Art. 100 crim liable is civ liable Crim penalty & fine Civ Art. 104-106 RPC- Restitution, Reparation, Indemnification Can commit a crime but only civilly liable : Exempting circum JEMA
ARTICLE 1162: QUASI-DELICT Requisites: 1. there is an act or omission 2. thru fault or negligence 3. causing damage or injury to another 4. there is a causal connection between fault or negligence and damage or injury done DELICT QUASI-DELICT Unlawful Unlawful Act or omission Act or omission Voluntary involuntary intentional No intention there is a need of a certain level of prudence to avoid fault or negligence culpa criminal criminal negligence act causing damage JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 4